HomeMy WebLinkAboutMINUTES - 06062006 - C.30 f - .
TO: BOARD OF SUPERVISORS �.
CONTRA
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources ,, ;�;��;, 's COSTA
DATE: June 6, 2006
N COUNTY
SUBJECT: Memorandum of Understanding with the California �.
Nurses Association for October 1, 2005 through
January 31, 2008
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached Resolution No. 2006/345 approving the Memorandum of Understanding
between Contra Costa County and the California Nurses Association implementing negotiated wage
agreements and other economic terms and conditions of employment beginning October 1, 2005
through January 31, 2008.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURES
ACTION OF BO ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
UNANIMOUS(ABSENT ) COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
Orig.Dept: Human Resources Department ATTESTED
cc: County Administrator JOHN B. CULLEN,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND'COUNTY ADMINISTRATOR
Auditor-Controller
Health Services
California Nurses Association
BY D 'DEPUTY
M382(10/88)
ti
THE BOARD OF SUPE�h/ISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on , by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/3
Understanding with California Nurses )
Association )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MO.U) (copy attached and included as part of this document)
between Contra Costa County and the California Nurses Association — jointly signed by Lori
Gentles, Assistant County Administrator-Director of Human Resources, and Barbara
Lambarida, Labor Representative, California Nurses Association Labor Representative —
implementing negotiated wage agreements and other economic terms and conditions
beginning October 1, 2005 through January 31, 2008 for those classifications represented by
that employee organization.
rl.
1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Orig. Dept: Human Resources Department rn
cc: County Administrator ATTESTED
County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services
California Nurses Association
BY O ,DEPUTY
RESOLUTION NO. 2006/ 3h6
MEMORANDUM OF UNDERSTANDING
BETWEEN CONTRA COSTA COUNTY
CALIFORNIA NURSES ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in
Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer(County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34.-8.012.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees of said representation unit, and have freely
exchanged information, opinions and proposals and have endeavored to reach agreement on all
matters relating to the employment conditions and employer employee relations of such
employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors as the
joint recommendation of the undersigned for salary and employee benefit adjustments
for the period beginning October 1, 2005 through January 31, 2008
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: California Nurses Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under"Transfer'or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
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Employment List: A list of persons, who have been found qualified for employment in
a specific class. - -
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement, or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under"Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time, parttime
or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent(5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent employment with the County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent(5%) at
top step as the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
California Nurses Association is the formally recognized employee organization for the
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Registered Nurses Unit and such organization has been certified as such pursuant to
Chapter 34-12 of Resolution No. 81/1165.
SECTION 2 -ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution No. 81/1165
only a majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in all classes in the units for
which this section is applicable regardless of whether they are members
of the Association.
B. All employees employed in the representation unit on or after the effective
date of this MOU shall, effective as provided in Subsection I and
continuing until the termination of the MOU, either:
1. Become and remain a member of the Association or;
2. pay to the Association, an agency shop fee in an amount which
does not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under no
circumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this MOU. It shall
be the sole responsibility of the Association to determine an agency
shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a condition
of employment, and
b. pay a sum equal to the agency shop fee described in
Section 2.2.13.2 to a non-religious, non-labor, charitable fund
chosen by the employee from the following charities: Family .
and Children's Trust Fund, Child Abuse Prevention Council
and Battered Women's Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop
Fees. The Association shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one (1) month from the date it
is approved and annually thereafter, and as a condition to any change in
the agency shop fee. Failure by an employee to invoke the Association's
Hudson Procedure within one (1) month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an
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employee is separated from the representation unit but shall be reinstated
upon the return of the employee to the representation unit. The term
separation includes transfer out of the unit, layoff, and leave of absence
with a duration of more than thirty (30) days.
E. Annually, the Association shall provide the Director of Human Resources
with copies of the financial report which the Association annually files with
the Department of Labor. Such report shall be available to employees in
the unit. Failure to file such a report within sixty(60) days after the
completion of its annual audit, or December 31st, whichever is later, shall
result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed. Upon mutual
agreement, this time limit may be extended to one hundred twenty (120)
days.
F. Current Employees and New Employees.
1. An employee employed in or hired into a job class represented by
the California Nurses Association shall be provided with an
Employee Authorization for Payroll Deduction form by the Human
Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision
and the Association dues, agency shop fee, initiation fee or
charitable contribution required under Section 2.2.6.3 are not
received, the Association may, in writing, direct that the County
withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary
shall be reduced by an amount equal to the agency shop fee and
the County shall pay an equal amount to the Association.
G. The Association shall indemnify, defend and save the County harmless
against any and all claims, demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of this Agency Shop
Section, or action taken or not taken by the County under this Section.
This includes but is not limited to the County's attorney fees and costs.
H. The authorization of payroll deductions described in Subsection F shall
require the employee to agree to hold the County harmless from all
claims, demands, suits or other forms of liability that may arise against the
County for or on account of any deduction made from the wages of such
employee.
I. The Human Resources Department shall furnish a complete and full list of
all employees represented by the Association as soon as feasible after
the execution of the new MOU and shall furnish a.monthly list of all new
hires to the Association thereafter.
2.3 Communicatinq With Employees. The Association shall be allowed to
use designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with matters within
the scope of representation and further provided that the employee organization
appropriately posts and removes the information. The department head reserves the
right to remove objectionable materials after notification to and discussion with the
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Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees. The
Association shall be allowed access to work locations in which it represents employees
for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact an Association officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will interfere with County services.
2.4 Use of County Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of County employees during
non-work hours when:
a. such space is available and its use by the Association is scheduled
twenty-four(24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not scheduled for duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition.
The use of County equipment(other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.5 Advance Notice. The Association shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be adopted
by the Board, or boards and commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four(24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.6 Written Statement for New Employees. The County will provide a
written statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's classification is
represented by the Association, and the name of a representative of the Association.
The County will provide the employee with a packet of information which has been
supplied by the Association and approved by the County.
2.7 Assignment of Classes to Bargaining Units. The County shall assign
new classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Labor
Relations Manager shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new class in one or more existing representation units,
and within a reasonable period of time shall notify all recognized
employee organizations of his/her determination.
b. Final Determination. His/her determination is final unless within ten (10)
days after notification a recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with
such requesting organizations (and with other recognized employee
organizations where appropriate) to seek agreement on this matter within
sixty (60) days after the ten (10) day period in B. (above), unless
otherwise mutually agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration referral and expenses, and
criteria for determination shall conform to those in Subsections D through I
of Section 34-12.008 of Board of Supervisors' Resolution No. 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sexual
orientation or Association activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age.
There shall be no discrimination against any disabled person solely because of such
disability unless that disability prevents the person from meeting the minimum
standards established for the position. There shall be no discrimination because of
Association membership or legitimate Association activity against any employee or
applicant for employment by the County or anyone employed by the County.
SECTION 4- NURSE REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as nurse representatives of the
Association shall be allowed to attend meetings held by County agencies during regular working
hours on County time as follows:
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a if their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. if their attendance is required for meetings scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed
pursuant to Section 24-.Grievance Procedure of this Memorandum;
d. if they are designated as a nurse representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance, provided the meetings are scheduled at
reasonable times agreeable to all parties;
e. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions; provided
in each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate Department
Head, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is required
f. In order to reduce the impact to patient care, effective, 7-1-06, the County agrees to
provide a maximum of(4) hours per month of paid time for a designated nurse
representative to attend grievance meetings scheduled outside of their regular shift.
Such time will be paid at the nurses base rate of pay and will not be considered as time
worked for the purpose of calculating overtime pay. The Association may designate no
more that 5 representatives to be eligible for such payment.
4.2 Association Representative. Official representatives of the California
Nurses Association shall be allowed time off on County time for meetings during regular
working hours when formally meeting and conferring in good faith or consulting with the
Labor Relations Manager or other management representatives on matters within the
scope of representation, provided that the number of such representatives shall not
exceed two (2) without prior approval of the Labor Relations Manager, and that
advance arrangements for the time away from the work station or assignment are made
with the appropriate Department Head.
a. Release Time for Successor Bargaining:
Release Time for Bargaining: The County shall allow up to six (6) Association members,
inclusive of two (2) alternates, paid release time during periods of Successor Bargaining.
4.3 Release Time for Training. The County shall provide the Association a
maximum of two hundred forty (240)total hours per year of release time for
Association-designated representatives to attend Association-sponsored training
programs. Requests for release time shall be provided in writing to the Department and
County Personnel at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved within one (1)week of receipt.
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SECTION 5 -SALARIES
The following wage increases shall be provided to all employees in the Nursing Unit represented
by the California Nurses Association:
Effective 10/01/05: 3.0% increase in base rate of pay
Effective 09/01/06: 4.0% increase in base rate of pay
Effective 09/01/07: 5.0% increase in base rate of pay
5.2 Longevity Pay.
The following supplementary longevity payments shall be made based on the following criteria:
a) Effective July 1, 2006 employees shall receive additional longevity pay in the amount of
two and one-half percent(2.5%) Under the following conditions:
1) Completion of 7 years of County service or,
2) Completion of 24 months at Step 5 of the salary ranges covered by this agreement,
whichever occurs first.
b) Effective July 1, 2006 employees who have completed ten (10) years of employment
shall receive additional pay in the amount of two and one-half percent(2.5%) for a total of
five percent(5%).
c) Effective July 1, 2006 employees who have completed fifteen (15) years.of employment,
shall receive additional pay in the amount of two and one-half percent(2.5%)for a total of
seven and one-half percent(7.5%).
d) Effective July 1, 2006 employees who have completed twenty(20) years of employment,
shall receive additional pay in the amount of two and one-half percent(2.5%) for a total of
ten percent(10%).
5.3 New Pay Equity Master Agreement. The County and the below listed
Employee Organizations which participated in the Pay Equity Study jointly agree to
provisions in this new Pay Equity Master Agreement executed in May 1995.
In executing this agreement, both the County and the participating Employee
Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEIU 535,
California Nurses Association, Western Council of Engineers and the Appraisers'
Association) state their intent that(1)the provisions of the Pay Equity Master
Agreement contained herein shall stand separate from other terms and conditions of
employment which may be negotiated and adopted in the MOU between the County
and the individual participating Employee Organizations, and that(2) provisions of the
Pay Equity Master Agreement will remain in place as the basis under which all
represented pay equity classes will be granted adjustments until all remaining classes
reach the trend line or until such time as the parties mutually agree to modify or
terminate this agreement.
This agreement shall be presented to the Contra Costa County Board of Supervisors as
the joint recommendation of the undersigned.
1. Scope of Agreement. The County and the participating Employee
Organizations agree that provisions contained herein will fully supersede
and replace the February 1993 Supplemental MOU on Pay Equity.
2. Adoption of Fixed Payout Formula. The County and the participating
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Employee Organizations agree to adopt a pay equity fixed payout formula
described below in 3. Which will remain in effect until all pay equity
classes are adjusted to the trend line, or until such time as the parties
mutually agree to modify or terminate this agreement.
3. Operation of Formula. The equity fixed payout formula shall be computed
as follows: The annual value of the general salary increase for all
classifications represented only by the participating Employee
Organizations (CCCEA Local One, AFSCME Locals 2700 and 512, SEIU
Local 535, California Nurses Association, Western Council of Engineers
and the Appraisers' Association) and Management and Unrepresented
employees, shall be totaled and multiplied by a factor of twenty percent
(20%).
The fixed amount of money derived from this calculation shall constitute
the total pay equity increase for all classes below the trend line
represented by the participating Employee Organizations and for all
Management and Unrepresented classes below the trend line.
The manner in which the pay equity increase will be distributed to all
represented classes below the trend line shall be determined by the
participating Employee Organizations who shall consider only (1) whether
classes farthest from the trend line shall receive a greater percentage
adjustment than classes closer to the trend line, and (2) at what
percentage distance below the trend line to apply any differing percentage
adjustment.
If upon review, the County finds that the manner in which the Employee
Organizations have structured the distribution is unacceptable, the County
and the Employee Organizations shall meet and confer.
4. Effective Dates. The County agrees that any pay equity increases will be
effective ninety (90) days from the effective date of any general salary
increases.
5. Indemnification. Each participating union will promise not to bring or
support comparable worth or pay equity litigation against Contra Costa
County or any agent, servant, officer, or employee of Contra Costa
County and further promise that in the event litigation advancing
comparable worth or pay equity claims is brought against the County or
any of its agents, servants, officers, or employees, within five (5) years
from the effective date of this agreement by any person(s) employed or
formerly employed in a class(es) represented by the participating unions,
the union(s) representing such class(es) shall each pay up to five
thousand dollars ($5000) of the County's attorney fees and costs;
provided that the union is not named as a co-defendant in such litigation.
5.4 Charge Nurse Relief.
An Experienced or Advanced Level Registered Nurse who, at the County's request, relieves a
Charge Nurse when s/he is physically off the unit or otherwise unavailable for purposes of
performing assigned administrative duties, attending education activities or other approved leaves
of absence for a shift, shall receive an additional eighteen dollars ($18) per shift. Effective 7/1/07,
this differential shall be increased to twenty-five dollars ($25.00) per shift. Such assignment shall
be scheduled among qualified staff, on a volunteer rotational basis. Charge Nurse relief will also
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be paid on a pro-rated basis to a Registered Nurse in an outpatient clinic who is "assigned
responsibility' for clinic operations for four(4) or more hours during a given shift.
5.5 Deep Class Exception. The following provisions of this section shall
apply to all employees except as modified by deep class resolution.
5.6 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position to
which the appointment is made. However, the appointing authority may fill a particular
position at a step above the minimum of the range.
5.7 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
b. Promotions. The anniversary date of a promoted employee is.determined
as for a new employee in Subsection 5.7.a above.
C. Transfer. Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position
has been reallocated or reclassified to a class allocated to the same
salary range or to a salary range which is within five percent(5%) of the
top step of the previous classification, remains unchanged.
d. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the
same date, classification and step and who then successfully completes
the required probationary period.
e. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1)year from the first day of the
calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work day
of that month, his/her anniversary is one (1) year after the first calendar
day of that month.
5.8 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.7 to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary, such date to be
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set at the time the original report is returned. This decision may be appealed through
the Grievance Procedure.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range increment be
granted at one time, except as otherwise provided in deep class resolutions. In case an
appointing authority recommends denial of the within range increment on some
particular anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein shall be construed to make the
granting of increments mandatory on the County. If an operating department verifies in
writing that an administrative or clerical error was made in failing to submit the
documents needed to advance an employee to the next salary step on the first of the
month when eligible, said advancement shall be made retroactive to the first of the
month when eligible.
5.9 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to.the full time monthly rate to which the employee would be
entitled as a full time employee under the provisions of this Section 5 as the number of
hours per week in the employee's part-time work schedule bears to the number of
hours in the full time work schedule of the department.
If employment is periodic and irregular(permanent-intermittent), depending on
departmental requirements, payment for hours worked shall be made at the hourly rate
established for the step of the salary range at which a Registered Nurse is appointed.
The County shall determine the differential paid to permanent-intermittent Registered
Nurses, provided it is no less than fifteen percent(15%) of the hourly rate.
5.10 Compensation for Portion of Month. Any employee who works less
than any full calendar month, except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month; but if the employment
is intermittent, compensation shall be on an hourly basis.
5.11 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.13-Salary on Promotion.
5.12 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
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receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be compensated at the step
on the new range which is in the same percentage ratio to the top step of
the new range as was the salary received before reallocation to the top
step of the old range, but in no case shall any employee be compensated
at less than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in Section
5.12.A above, each incumbent of a position in the reallocated class shall
be placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range, each incumbent
shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain
a higher step, at the step which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as, or above or below
the salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the.rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does
not contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations, if any, shall supersede
Section 5.12.
5.13 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.16, shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent(5%), the employee's salary shall be adjusted to the step in the new
range which is at least five percent(5%) greater than the next higher step; provided,
however, that the next step shall not exceed the maximum salary for the higher class. In
the event of the appointment of a laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in a
decrease in which case the employee is appointed to the next higher step. If however,
the employee is being appointed into a class allocated to a higher salary range than the
class from which the employee was laid off, the salary will be calculated from the
highest step the employee achieved prior to layoff, or from the employee's current step
whichever is higher.
5.14 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.16, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he/she has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent(5%), the employee's salary shall be adjusted to the step in the new range
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which is five percent(5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.15 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to
a position in a class having a salary range lower than that of the class from which
he/she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.16 Transfer. An employee who is transferred from one position to another as
described under"Transfer'shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.17 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Subsection 5.13 -Salary on Promotion of this
Memorandum, commencing on the 41st consecutive hour in the assignment, under the
following conditions:
a. The employee is assigned to a program, service, or activity established by
the Board of Supervisors which is reflected in an authorized position
which has been classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in
the lower classification becomes fully responsible for the duties of the
position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet
the minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute
for regular promotional procedures provided in this Memorandum.
e. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
f. Higher pay assignments shall not exceed six(6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee
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within thirty (30) days, no additional waiting period will be required.
h. Any incentives (e.g., the education incentive) and special differentials
(e.g., bilingual differential and Emergency Department differential)
accruing to the employee in his/her permanent position shall continue.
i. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification; except
that if the period of work for higher pay in a higher classification exceeds
one year continuous employment, the employee, upon satisfactory
performance in the higher classification, shall be eligible for a salary
review in that class on his/her next anniversary date. Notwithstanding any
other salary regulations, the salary step placement of employees
appointed to the higher class immediately following termination of the
assignment, shall remain unchanged.
j. Allowable overtime pay, shift differential and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.18 Payment. On the tenth (10th)day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions. The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on forms
prepared by the Auditor-Controller a notice of election to receive a salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked. In the case of an election
made pursuant to this section all required or requested deductions from salary shall be
taken from the second installment, which is payable on the tenth (10th) day of the
following month.
5.19 Numinci Certification Test Fee Reimbursement. The County shall reimburse
employees for test fees involved in taking National Certification tests upon presentation
of certification.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 DAYS AND HOURS OF WORK
This language is intended to replace all language in the MOUs purporting to define work
schedules, including flexible and alternate work schedules.
DEFINITIONS
The work schedules of each employee must conform with the following definitions:
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A. Regular Work Schedule: The A regular work schedule is eight (8) hours per day, Monday
through Friday, inclusive, for.a total of forty (40) hours per week. The regular work week
of County employees begins at 12:01 a.m. Monday and ends at 12:00 midnight Sunday.
For twenty-four (24) hour shift employees, including employees of inpatient units on 4/10
schedules, the normal work week begins at 12:01 a.m. Sunday and ends at 12:00
midnight Saturday.
B. Flexible Work Schedule: A flexible work schedule is any work schedule where an
employee is regularly scheduled to work other than eight (8) hours per day between
Monday and Friday, inclusive. The 9/80 and the 4/10 schedules are two examples of
flexible work schedules.
C. Alternate Work Schedule: An alternate work schedule is any work schedule where an
employee is regularly scheduled to work five (5) days per week, but the employee's
regularly scheduled two (2) days off are NOT Saturday and Sunday.
D. Workweeks For Employees on Regular. Alternate. and 4/10 Work Schedules: The 4/10
work schedule consists of four 10 hour days that have the same start time, with either a
Monday or Friday off. The work week for employees on a regular, alternate or 4/10 work
week begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
E. Work Week for Employees on a 9/80 Work Schedule: The 9/80 work schedule consists
of a two calendar week period during which an employee works a recurring schedule of
36 hours in one calendar week and 44 hours in the next calendar week, but only 40 hours
in the designated work week. In the 36-hour calendar week, the employee works four 9-
hour days and has the same day of the week off that is worked for 8 hours in the 44-hour
calendar week. In the 44-hour calendar week, the employee works four 9-hour days and
one 8-hour day. To ensure that the employee's regular work schedule does not result in
unauthorized overtime, the employee's workweek begins one minute after the midpoint of
the employee's 8-hour work day, such that has worked four hours of the 8-hour workday,
so that four of the hours of that workday are in one work week and the other four hours
are in the next workweek.
The parties agree to reopen the work schedule provisions of the Memoranda of
Understanding for the purpose of ensuring consistent practice among departments and
applicable regulatory requirements. It is not the intent of the parties that such negotiations
take away from or add to the current work schedule provisions, except to ensure that such
provisions are consistently applied in accordance with memoranda of understanding, county
policies and any legal requirements.
6.2 Four Week Schedules/Weekend Schedules. For Registered Nurses
assigned to areas that have twenty-four(24) hour staffing, a four(4)week work
schedule will be published by Nursing Administration which provides that each
Registered Nurse shall have every other weekend off. Registered Nurses may
exchange days off within the four(4)week cycle but no Registered Nurse shall become
eligible for overtime as the result of said exchange. Such exchange days off shall be
subject to the approval of the appropriate Nursing Program Manager.
Registered Nurses and Family Nurse Practitioners with twenty (20) years of service with
the County shall, upon request, be granted every weekend off. The seniority date to be
used to determine eligibility for weekends off after twenty (20)years of service will be
the County Service Award date as defined in Section 44— Length of Service Definition
(for service awards and vacation accruals) of the MOU.
6.3 Time Changes: Pacific Standard Time & Daylight Savings Time. For
those nurses who work on the shift when day light savings time begins and ends each
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year, their work hours will be adjusted for that shift to the number of work hours they
regularly work on that shift.
6.4 Low Census. In the event that there is a decrease in the hospital census
requiring adjusting levels of nurse staffing and/or there are insufficient nurses who
volunteer to use accruals or take time off without pay in order to reduce staffing to the
necessary level, the County and Association agree to meet and confer upon request
regarding formal low census provisions.
SECTION 7-OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or(8) eight hours per day. Overtime for employees on other work
schedules such as on ten (10) hour or twelve (12) hour shifts is any work performed
beyond that work schedule or forty(40) hours per week. All overtime shall be
compensated for at the rate of one and one-half(1-1/2) times the employee's base rate
of pay (not including shift and other special differentials). Permanent part-time
registered nurses shall be compensated at the straight time rate for those hours worked
over and above the regular work schedule but less than eight(8) hours a day or forty
(40) hours per week. Overtime for permanent employees is earned and credited in a
maximum of one-tenth hour(6 minute) increments and is compensated by either pay or
compensatory time off.
Employees who work a double shift shall receive fifty-four dollars ($54.00) in addition to
all other compensation for each double shift worked. Registered Nurses who work from
the beginning of their regularly scheduled shift to the conclusion of the next scheduled
shift will be considered to have worked a double shift. If the second shift is not
completed, the premium will be prorated. If the total hours worked, excluding lunch
breaks, exceed sixteen (16) hours, additional prorated premium will be paid.
Employees entitled to overtime credit for holidays in positions which work around the
clock(such as the County Hospital, the Sheriffs Office, Jails, Juvenile Hall and Boys'
Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate
or shall receive compensatory time off at the rate of one and one-half(1-1/2) hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total vacation accumulation permitted
under the terms of this MOU. The specific provisions of this accumulation are set forth
in Section 12.5—Accrual of Holiday Time of this MOU.
Regular overtime for twenty-four(24) hour institutional employees may be accrued as
compensatory time in accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may periodically elect to accrue compensatory time off in lieu
of overtime pay. Eligible employees must notify their Department Head or
designee of their intention to accrue compensatory time off or to receive
overtime pay at least thirty (30) days in advance of the change.
b. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i.e., newly hired employees, employees promoting,
demoting, etc.)for compensatory time off in accordance with these
guidelines, must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked.
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C. Compensatory time off shall be accrued at the rate of one and one-half(1-
1/2)times the actual authorized overtime hours worked by the employee.
d. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i.e., eighty (80) hours at time and onehalf).
Once the maximum balance has been attained, authorized overtime
hours will be paid at the overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the employee shall again accrue
compensatory time off for authorized overtime hours worked until.the
employee's balance again reaches one hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in d. above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
f. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or designee and the employee. In cases of
emergency, employees will be allowed to use compensatory time
with the approval of their supervisor, to supplement any unpaid hours.
Such approval shall not be denied unless employee has received prior
notice.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as
provided for in this Section. This provision may be waived at the discretion
of the Department Head or designee.
g. When an employee promotes, demotes or transfers from one
classification eligible for compensatory time off to another classification
eligible for compensatory time off within the same department, the
employee's accrued compensatory time off balance will be carried forward
with the employee.
h. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions and
salary of the class from which the employee is promoting, demoting or
transferring as set forth in i. below.
i. Since employees accrue compensatory time off at the rate of one and
one-half(1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight time
rate (two-thirds [2/3] of the overtime rate)for the employee's current
salary whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
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j. The Office of the County Auditor-Controller will establish time-keeping
procedures to administer this Section.
7.3 Continuous Shifts. At the County's request, if an employee works two (2)
contiguous shifts (normally sixteen (16) continuous hours)which is outside the
employee's regular work schedule and the first eight(8) hours fall on one day and the
second eight(8) hours fall on the following day, the employee shall be paid a differential
of one-half(1/2) the employee's base salary rate in addition to the employee's base
salary rate for the second eight (8) hours. Additionally, such employees shall be
provided a meal in the hospital cafeteria at no cost to the employee.
SECTION 8 -CALL-BACK TIME
8.1 Call-Back Pay. Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1) hour. Such employee called
back shall be paid a minimum of two (2) hours at the appropriate rate of each call-back.
This provision shall apply to employees who are not in on-call status.
8.2 Operating Room Call-Back. A Registered Nurse who is in on-call status
for the Operating Room and is called back to duty shall be paid for the actual time so
spent plus one (1) hour, but not less than three (3) hours total for each call-back.
SECTION 9 -ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty during
which an employee is not required to be on County premises but stand ready to
immediately report for duty and must arrange so that the employee's superior can
contact the employee on ten (10) minutes notice or less. An employee assigned to oncall
time shall be paid one (1) hour of straight time pay for each four(4) hours on such
on-call time.
However, Registered Nurses who are assigned to on-call for the Operating Room or
Post Anesthesia Recovery shall be paid one (1) hour of straight time pay for each two
(2) hours on such on-call time.
SECTION 10 -SHIFT DIFFERENTIAL
10.1 Shift Differentials.
A. Evening Shift. An employee who works an evening shift.in which the
employee works four(4) or more hours between 5:00 p.m. and 11:00 p.m.
shall receive a shift differential of twelve percent(12%) of the employee's
base pay.
Split shifts with more than one and one-half(1-1/2) hours between the two
portions of the shift shall also qualify for the twelve percent(12%) hourly
differential.
B. Night Shift. An employee who works a night shift in which the employee
works four(4) or more hours between 11:00 p.m. and 8:00 a.m. shall
receive a shift differential of fifteen percent(15%) of the employee's base
pay.
C. Special Provisions.
1. An employee who works overtime shall receive shift differential in
18
addition to overtime compensation only when the overtime hours
Independently satisfy the requirement for shift differential as stated
above. The shift differential shall be computed on the employee's
base salary.
2. Employees who have been regularly working a shift qualifying for
shift differential immediately preceding the commencement of a
vacation, paid sick leave period, paid disability or other paid leave,
will have shift differential included in computing the pay for their
leave. The paid leave of an employee who is on a rotating shift
schedule shall include the shift differential that would have been
received had the employee worked the shift for which the employee
was scheduled during such period. Shift differential shall only be
paid during paid sick leave and paid disability as provided above for
the first thirty (30) calendar days of each absence.
3. Employees in the Registered Nursing Unit whose regular shift is
extended such that it ends twelve (12) consecutive hours or more
after its beginning shall receive shift differential paid at the
differential rate appropriate for those additional hours in excess of
eight(8). Effective July 1, 1992 a Registered Nurse released from
duty at the request of Nursing Administration prior to the
completion of twelve (12) hours work will receive,the appropriate
shift differential on those hours worked in excess of eight(8) hours.
4. When a shift employee works on a recognized holiday, the
employee shall be entitled to holiday pay and shift differential to be
computed on the employee's base salary.
10.2 Weekend Differential. Effective July 1, 2006, Registered Nurses shall receive a
weekend shift bonus of sixty dollars ($60.00) per shift for each weekend shift worked which 1)
falls on weekends for which the nurse is not scheduled to work in their normal work schedule; 2)
falls between the beginning of the night shift on Friday and the end of the evening shift on
Sunday; 3) is worked for the full duration of the shift, and 4) is not the result of a trade. The
affected Registered Nurse is to note such qualifying shifts on his/her time sheets in order to
receive this compensation.
10.3 Departmental Differentials. Each full time, part-time and permanent-intermittent
Registered Nurse who is assigned to one of the following units/services, will receive a salary
differential of$60 per month: Surgery, Recovery, Labor and Delivery, Nursery, Postpartum,
Pediatrics, Critical Care Unit, Intermediate Care Unit, Emergency Room, 46, 5C, 5D, Mental
Health Crisis Unit, 4A, Inpatient Psychiatry 4C/4D, Martinez Detention, West County Detention,
and Juvenile Hall.
Registered Nurses assigned to the following units/services and Family Nurse
Practitioners are not eligible for this differential: Education and Training, Specialty
Clinic; Family Practice and Adult Medicine Clinics in; Concord, Brentwood, Pittsburg, Antioch,
Bay Point, North Richmond, and Richmond Health Centers; Adult Mental Health Dual Diagnosis
Program, Public Health Clinic staffing pool, and Public Health Nursing pool.
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SECTION 11 -SENIORITY,WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
a. Identify the classification(s) in which position reductions may be required
due to funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may
occur in their classifications.
C. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by possible
position reductions when such leaves can be accommodated by the
department.
d. Consider employee requests to reduce their position hours from full time
to part time to alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative
for the department(s).
f. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team (TET) program
to:
1. Maintain an employee skills inventory bank to be used as a basis
for referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling,job search
strategy, and interviewing skills.
g. When it appears to the Department Head and/or Labor Relations
Manager that the Board of Supervisors may take action which will result in
the layoff of employees in a representation unit, the Labor Relations
Manager shall notify the Union of the possibility of such layoffs and shall
meet and confer with the Union regarding the implementation of the
action.
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11.2 Separation Through Layoff
A. Grounds for Layoff.Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds
or for such other reason(s) as the Board of Supervisors deems sufficient
for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may
displace an employee in the department having less seniority in the
same class who occupies a permanent-intermittent or permanent
part-time position, the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class
of an employee having less seniority; the least senior employee
being displaced first, and so on with senior displaced employees
displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
2. A permanent full time employee may displace any intermittent or
part-time employee with less seniority 1) in the same class or, 2) in
a class of the same or lower salary level if no full time employee in
a class at the same or lower salary level has less seniority than the
displacing employees.
3. Former permanent full time employees who have voluntarily
become permanent part-time employees for the purpose of
reducing the impact of a proposed layoff with the written approval
of the Director of Human Resources or designee retain their .
permanent full time employee seniority rights for layoff purposes
only and may in a later layoff displace a full time employee with
less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's
length of service in the particular class in question to the employee's
length of service in other classes at the same or higher salary levels as
determined by the salary schedule in effect at the time of layoff.
Employees reallocated or transferred without examination from one class
to another class having a salary within five (5%) percent of the former
class, shall carry the seniority accrued in the former class into the new
class. Employees reallocated to a new deep class upon its initiation or
�1
otherwise reallocated to a deep class because the duties of the position
occupied are appropriately described in the deep class shall carry into the
deep class the seniority accrued or carried forward in the former class and
seniority accrued in other classes which have been included in the deep
class. Service for layoff and displacement purposes includes only the
employee's last continuous permanent County employment.
Periods of separation may not be bridged to extend such service unless
the separation is a result of layoff in which case bridging will be authorized
if the employee is reemployed in a permanent position within the period of
layoff eligibility. Approved leaves of absence as provided for in these rules
and regulations shall not constitute a period of separation. In the event of
ties in seniority rights in the particular class in question, such ties shall be
broken by length of last continuous permanent County employment. If
there remain ties in seniority rights, such ties shall be broken by counting
total time in the department in permanent employment. Any remaining ties
shall be broken by random selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, or has transferred in
lieu of layoff or displacement, the person's name shall be placed on the
layoff list for the class of positions from which that person has been
removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted or transferred in lieu of
layoff or displacement or who have transferred in lieu of layoff or
displacement. Names shall be listed in order of layoff seniority in the class
from which laid off, displaced, demoted or transferred on the date of
layoff, the most senior person listed first. In case of ties in seniority, the
seniority rules shall apply except that where there is a class seniority tie
between persons laid off from different departments, the tie(s) shall be
broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees
involved.
K Duration of Layoff and Reemployment Rights. The name of any person
granted reemployment privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on layoff lists shall continue on
the appropriate list for a period of four(4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s)
of person(s) laid off, displaced or demoted by displacement or voluntarily
demoted in lieu of layoff or displacement or transferred in lieu of layoff or
displacement. When a request for personnel is received from the
appointing authority of a department from which an eligible(s)was laid off,
the appointing authority shall receive and appoint the eligible highest on
the layoff list from the department. When a request for personnel is
received from a department from which an eligible(s)was not laid off, the
appointing authority shall receive and appoint the eligible highest on the
layoff list who shall be subject to a probationary period. A person
employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
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J. Removal of Names from Reemployment& Layoff Lists. The Director of
Human Resources may remove the name of any eligible from a
reemployment or layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations. -
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further desire
for appointment in the class.
4. If three (3) offers of permanent appointment to the class for which
the eligible list was established have been declined by the eligible.
. 5. If the eligible fails to respond to the Director of Human Resources
or the appointing authority within ten (10)days to written notice of
certification mailed to the person's last known address.
6. If the person on the reemployment or layoff list is appointed to
another position in the same or lower classification, the name of the
person shall be removed.
7. However, if the first permanent appointment of a person on a layoff
list is to a lower class which has a top step salary lower than the
top step of the class from which the person was laid off, the name
of the person shall not be removed from the layoff list. Any
subsequent appointment of such person from the layoff list shall
result in removal of that person's name.
K. Removal of Names from Reemployment& Layoff Certifications.The
Director of Human Resources may remove the name of any eligible.from
a reemployment or layoff certification if the eligible fails to respond within
five (5) days to a written notice of certification mailed to the person's last
known address.
11.3 Notice. The County agrees to give employees scheduled for layoff at
least ten (10)work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a TET Employment
Pool which will include the names of all laid off County employees. Special employment
lists for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
11.5 Reassignment of Laid Off Employees. Employees who displaced within
the same classification from full time to part-time or intermittent status in a layoff, or
who voluntarily reduced their work hours to reduce the impact of layoff, or who
accepted a position of another status than that from which they were laid off upon
referral from the layoff list, may request reassignment back to their pre-layoff status (full
time or part-time or increased hours). The request must be in writing in accord with
each department's reassignment bid or selection process. Employees will be advised of
the reassignment procedure to be followed to obtain reassignment back to their former
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status at the time of the workforce reduction. The most senior laid off employee in this
status who requests such a reassignment will be selected for the vacancy; except when
a more senior laid off individual remains on the layoff list and has not been appointed
back to the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
11.6 Further Study. The County agrees to meet with the Labor Coalition for
study of the concept of employee's waiver of displacement rights in a layoff.
SECTION 12—HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years' Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Employees in positions which are designated as twenty four(24) hour
positions shall also celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln's Day
Family Nurse Practitioner positions are designated as 24-hour positions.
C. Employees who only celebrate the holidays listed in 12.1.A. above shall
accrue two (2) hours of personal holiday credit per month. Such personal
holiday time may be taken in increments of one (1) hour, and preference
of personal holidays shall be'given to employees according to their
seniority in their department as reasonably as possible. No employee may
accrue more than forty(40) hours of personal holiday credit. On
separation from County service, an employee shall be paid for any
unused personal holiday credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. The following provisions indicate how holiday
credit is to be applied:
a. Employees on the five (5) day forty (40) hour Monday through Friday work
schedule shall be entitled to a holiday whenever a holiday is observed
pursuant to the schedule cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
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C. For all employees, if a work day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory time credit(Holiday
Credit)for working the holiday, or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equivalent
compensatory time credit.
The purpose of this plan is to equalize holidays between employees on regular work
schedules and those on other work schedules.
If any holiday listed in Section 12.1.A. above falls on a Saturday, it shall be celebrated
on the preceding Friday. If any holiday listed in Section 12.1.A. falls on a Sunday, it
shall be celebrated on the following Monday. For employees in positions whose shifts
include Saturday or Sunday as designated by the appointing authority(rather than
Monday through Friday eight(8) hours per day ora designated 4/10) holidays shall be
observed on the day on which the holiday falls regardless if it is a Saturday or Sunday.
12.3 Holiday Credit for Part-Time Employees. Permanent part-time and permanent-
intermittent employees who work on a holiday shall receive overtime pay or
compensatory time credit for all hours worked, up to a maximum of eight(8).
Permanent part-time employees who do not work on a holiday shall receive holiday
credit in the same ratio to the holiday credit given full time employees as the number of
hours in the regular full time schedule, regardless of whether the holiday falls on the
part-time employee's regular work day.
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. Each 4/10 shift employee who works a full shift on a
holiday shall receive time and one-half for the first eight(8) hours worked
in addition to regular pay for the holiday. Holiday shift pay shall be subject
to provisions of Section 7-Overtime.
B. Absence on Holiday. The maximum time charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in positions
which work around the clock shall be permitted to elect between pay at the overtime
rate or compensatory time off in recognition of holidays worked. The following
procedures shall apply to this selection:
a. Eligible employees may elect, on a quarterly basis, the method of
reimbursement for work performed on holidays. The selection between
accrued holiday time and/or overtime pay must be made known to the
County during each of the calendar months of June, September,
December, and March for the duration of this MOU.
b. Employees starting work after a list of those electing to accrue holiday
time has been submitted to the Auditor and approved, will be paid
overtime unless they specifically requested in writing within seven (7)
calendar days to be placed on the accrual list.
C. Holiday time shall be accrued at the rate of one and one-half(1-1/2)times
the actual hours worked to a maximum of eight(8) hours worked by the
employee.
d. Holiday time may not be accumulated in excess of two hundred eightyeight
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(288)working hours. Holiday time may be accrued up to two
hundred eighty-eight(288) hours, exclusive of regular vacation accruals.
After two hundred eighty-eight(288) hours holiday time shall be paid at
the overtime rates as specified in Section 7.
e. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
12.6 Each permanent employee who qualifies for paid holidays shall not be required
to work on at least one (1) of the following holidays each year: Thanksgiving,
Christmas, New Year's Day, unless census and staffing permit an additional holiday off.
The CCRMC commits to allowing employees to schedule two of the three primary holidays off in
units where census and staffing permit.
12.7 Employees represented by the Association who are employed at the County
Hospital and who are required to work on Thanksgiving, Christmas or New Year's will
be provided a free meal in the Hospital Cafeteria at no cost to the employee only
between the hours of 6:30 a.m. and 6:30 p.m.
12.8 Permanent-Intermittent Holiday Pay. Employees in permanent-intermittent
positions shall receive holiday pay at the rate of one and one-half(1-1/2)times the
employee's base salary rate for up to eight(8) hours worked on a recognized holiday.
SECTION 13-VACATION LEAVE
13.1 Vacation Allowance. Permanent and provisional employees in permanent
positions are entitled to vacation with pay. Accrual is based upon straight time hours of
working time per calendar month of service and begins on the date of appointment to a
permanent position. Increased accruals begin on the first of the month following the
month in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial month
compensation pursuant to Section 5.9 of this MOU. Vacation credits may not be taken
during the first six (6) calendar months of employment, not necessarily synonymous
with probationary status, except where sick leave has been exhausted; and none shall
be allowed in excess of actual accrual at the time vacation is taken. Vacation credits
may be taken in one-tenth hour(6 minute) increments.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 131/3 320
20 through 24 years 162/3 400
25 through 29 years 20 480
30 years and up 231/3 560
13.3 Vacation Accrual During Leave Without Pay. No employee who has been
granted leave without pay or unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who is absent without pay accrue
vacation credit during the absence.
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13.4 Professional Sabbatical Leave. Employees who have completed five (5) years
or more of employment shall annually receive three (3) days of paid sabbatical leave. Employees
who have completed seven (7) or more years of employment shall receive an additional day for a
total of four(4) days of paid sabbatical leave. This leave shall be granted under the same
provisions for vacation leave.
13.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Permanent Part-Time & Intermittent Employees. Employees in permanent
part-time and permanent-intermittent positions shall accrue vacation benefits on a
prorated basis as provided in Resolution 81/1165, Section 36-2.006.
13.7 Vacation for employees in the Hospital and Clinic Division Hospital Nursing
Service (including the Detention Facilities) and Ambulatory Care Nursing Services shall
be scheduled on an annual cycle, April 1 through March 30.
Employees must submit their written vacation request by February 1 st of each year. The
Hospital will post a schedule of vacations by March 1 st of each year. The vacation schedule will
be effective on April 1"of each year.
Only one employee per classification from each work site and shift may be pre-approved
for vacation at the same time. In case of conflict, the employee with the
greater length of service in their classification will receive the requested vacation time.
Less senior employees will be given the opportunity to request a different time before
the annual schedule is posted.
Vacation requests submitted after February to the Nurses assigned Nursing Program
Manager shall be considered on a first come basis and the County will respond to such
requests within thirty (30) days from receipt. If staffing and patient care requirements do
not permit all Registered Nurses requesting a certain vacation preference to take their
vacations over the same period, length of service in their classification among those
Registered Nurses who submit vacation requests at the same time shall be the
determining factor within each work area. Arrangements for vacation replacements shall
be the responsibility of Nursing Service, it being understood that denial of the vacation
request may result if Nursing Service is unable to arrange for replacements.
Effective January 1, 2007, Employees may select vacations that include observed holidays set
forth in this MOU, other than Thanksgiving, Christmas and New Years day. Thanksgiving,
Christmas and New Year's, shall be rotated amongst staff rather than determined by seniority.
13.8 Vacation Leave on Reemployment From a Layoff List. Employees with
six(6) months or more service in a permanent position prior to their layoff, who are
employed from a layoff list,.shall be considered as having completed six (6) months
tenure in a permanent position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's Payroll Unit in each case where
such vacation is authorized so that appropriate Payroll system override actions can be
taken.
13.9 Policy for FNPs. The following policy governs the approval of vacation requests
and the vacation coverage responsibilities of the Family Nurse Practitioners.
Vacation requests for Family Nurse Practitioners in the Hospital and Clinics Division
which are received in the Medical Staff office thirty-five (35) days in advance will be
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responded to within ten (10) days of the receipt of the request and will be approved or
denied based on overall FNP staffing considerations for the time requested. Vacation
requests which are received less than thirty-five (35) days in advance will also be
considered, but preference will be given to those requests submitted with more than
thirty-five (35) days advance notice.
SECTION 14-SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to
ensure employees against loss of pay for temporary absences from work due to illness
or injury. It is a benefit extended by the County and may be used only as authorized; it
is not paid time off which employees may use for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue
at the rate of eight(8)working hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who work a portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour(6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if s/he is re-employed in a permanent position
within the period of lay off eligibility.
Upon the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governinq the Use of Paid Sick Leave. As indicated above,
the primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury.
The following definitions apply:
Immediate Familv: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law,
sister in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner
of an employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent"for IRS
reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in the
County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations
and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or
verified, a brief statement in non-technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
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Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances: -
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a temporary illness or
injury.
b. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the
employee is qualified by reason of education, training or experience. Sick
leave may be used by permanently disabled employees until all accruals
of the employee have been exhausted or until the employee is retired by
the Retirement Board, subject to the following conditions:
1. An application for retirement due to disability has been filed with
the Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent disability.
3. The appointing authority may review medical evidence and order.
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery therefrom, shall be allowed to utilize sick leave
credit to the maximum accrued by such employee during the period of
such disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The statement
must address itself to the employee's general physical condition
having considered the nature of the work performed by the
employee, and it must indicate the date of the commencement of
the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly perform
her work or that her general health is impaired due to disability
caused or contributed to by pregnancy, miscarriage, abortion,
childbirth or recovery therefrom the employee shall be required to
undergo a physical examination by a physician selected by the
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County. Should the medical report so recommend, a mandatory
leave shall be imposed upon the employee for the duration of the
disability.
3. Sick leave may not be utilized after the employee has been
released from the hospital unless the employee has provided the
County with a written statement from her attending physician
stating that her disability continues and the projected dates of the
employee's recovery from such disability.
e. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments
or the employee's own care; and
2. For working time used by an employee for pre-scheduled medical
and dental appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family, or of the employee's domestic partner, but this shall not exceed
three (3)working days, plus up to two (2) days of work time for necessary
travel. Use of additional accruals including sick leave when appropriate
may be authorized in conjunction with the bereavement leave at the
discretion of the appointing authority.
Additional Leave time may also be provided in accordance with
Sections 16.1 Leave Without Pay, 16.5 Family Care leave or Medical
Leave of this MOU.
h. Legal Adoption of a Child. Paid sick leave credits may be used by an
employee upon adoption of the child.
i. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he is on vacation
but the County Administrator may authorize it when extenuating
circumstances exist and the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave is
a responsibility of the employee and the department head. The following procedures
apply:
a. Employee Responsibilities
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1. Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees in the Hospital Nursing Service are required to notify
the Nursing Office at least two (2) hours prior to any shift if they are
calling in sick. Employees in the Ambulatory Care Nursing Service
are required to call in at least one (1) hour prior to the scheduled
shift and leave a message in voice mail. Notification shall include
the reason and possible duration of the absence. If, due to
circumstances beyond the employee's control, the employee is
unable to call within the above mentioned time frames, he/she will
call as soon thereafter as possible.
3. Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of return
to work.
4. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal or
family medical and dental appointment.
5. Employees are encouraged to keep the department advised of(1)
a current telephone number to which sick leave related inquiries
may be directed, and (2) any condition(s)and/or restriction(s) that
may reasonably be imposed regarding specific locations and/or
persons the department may contact to verify the employee's sick
leave.
b. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of
the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for absences
of less than three (3) working days for probable cause if the employee had
been notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other
contact telephone number provided by the employee if telephone
notification was not made in accordance with departmental sick
leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section 14.a.4.
2. Obtaining the employee's signature on the Absence/Overtime
Record, or on another form established for that purpose, as
employee certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation
regarding the sick leave claim.
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4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s)the employee was
incapacitated, and the employee's ability to return to work, as
specified above.
5. In absences of an extended nature, requiring the employee to
obtain from their physician a statement of progress and anticipated
date on which the employee will be able to return to work, as
specified above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices
in accordance with these policies and with clarifying regulations
issued by the Office of the County Administrator.
To help assure uniform policy application, the Human Resources
Director or designated management staff of the Human Resources
Department should be contacted with respect to sick leave
determinations about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of
duty is subject to dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority after
giving notice may place an employee on leave if the appointing authority
has filed an application for disability retirement for the employee, or whom
the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the employee's
duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order the
employee to undergo at County expense and on the employee's paid time
a physical, medical examination by a licensed physician and/or a
psychiatric examination by a licensed physician or psychologist, and
receive a report of the findings on such examination. If the examining
physician or psychologist recommends that treatment for physical or
mental health problems, including leave, are in the best interests of the
employee or the County in relation to the employee overcoming any
disability and/or performing his or her duties the appointing authority may
direct the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular salary. The Director of
Human Resources may order lost pay restored for good cause and
subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two (2) weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by a
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licensed physician, and may consider a report of the findings on such
examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as deemed necessary in accordance with
appropriate provisions of this MOU.
14.6 Workers' Compensation And Continuing Pay.
A permanent non-safety employee shall continue to receive the appropriate percent of regular
monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed
with the County on or after January 1, 2000, the percentage of pay for employees entitled to
Workers' Compensation shall be eighty-six percent(86%), except as provided below.
Employees injured on or after the implementation date of this provision for the majority of County
.employees, shall receive 80%for twelve consecutive months from the date of injury. Employees
injured after twelve months from the initial implementation date, shall receive 75% for twelve
consecutive months from the date of injury. Employees injured after 24 months from the initial
implementation date, shall receive 70%for twelve consecutive months from date of injury. If
Workers' Compensation becomes taxable, the County agrees to restore the current benefit level
(100% of monthly salary) and the parties shall meet and confer with respect to funding the
increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the day of injury, that
day counts as day one (1) of the waiting period. If the injured worker does not lose time on the
day of injury, the waiting period will be the first three (3) calendar days the employee does
not work as a result of the injury. The time the employee is scheduled to work during this waiting
period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify
for Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds fourteen (14) days.
B. Continuing Pay. A permanent employee shall receive the appropriate percentage as outlined
above of regular monthly salary during any period of compensable temporary disability not to
exceed one year. "Compensable temporary disability absence"for the purpose of this Section, is
any absence due to work connected disability which qualifies for temporary disability
compensation under Workers' Compensation Law set forth in Division 4 of the California Labor
Code. When any disability becomes medically permanent and stationary, the salary provided by
this Section shall terminate. No charge shall be made against sick leave or vacation for these
salary payments. Sick leave and vacation rights shall not accrue for those periods during which
continuing pay is received.
Employees shall be entitled to a maximum of one (1)year of continuing pay benefits for any one
injury or illness.
Continuing pay begins at the same time that temporary Workers' Compensation benefits.
commence and continues until either the member is declared medically permanent/stationary, or
until one (1) year of continuing pay, whichever comes first provided the employee remains in
an active employed status. Continuing pay is automatically terminated on the date an employee is
separated from County service by resignation, retirement, layoff, or the employee is no longer
employed by the County. In these instances, employees will be paid Workers' Compensation
benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through
the Office of the County Administrator, Risk Management Division.
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Whenever an employee who has been injured on the job and has returned to work is required by
an attending physician or Family Nurse Practitioner to leave work for treatment during working
hours the employee shall be allowed time off up to three (3) hours for such treatment without loss
of pay or benefits, provided the employee notifies his/her supervisor of the appointment at least
three business office days prior to the appointment_. Said visits are to be scheduled contiguous to
either the beginning or end of the scheduled work day whenever possible. This provision applies
only to injuries/illnesses that have been accepted by the County as work related.
C. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary
disability beyond one year, applicable salary will continue by integrating sick leave and/or
vacation accruals with Workers' Compensation benefits (vacation charges to be approved by the
Department and the employee). If salary integration is no longer available, Workers'
Compensation benefits will be paid directly to the employee as prescribed by Workers'
Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and whose disability is medically permanent and
stationary will continue to receive applicable salary by integrating sick leave and/or vacation
accruals with Workers' Compensation rehabilitation temporary disability benefits until those
accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid
directly to the employee.
E. Health Insurance. The County contribution to the employee's group insurance plan continues
during the continuing pay period and during integration of sick leave or vacation with Workers'
Compensation benefits.
F. Integration Formula. An employee's sick leave and/or vacation charges
shall be calculated as follows:
C = 8 [1 -(W= S)]
C = Sick leave or vacation charge per day (in hours)
W= Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee. On May 26, 1981 the Board of Supervisors established
a labor-management committee to administer a rehabilitation program for disabled employees. It
is understood that the benefits specified above in this Section 14 shall be coordinated with the
rehabilitation program as determined by the labor- management committee.
14.8 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the time of such
leave nor shall an employee who is absent without pay accrue sick leave credits during the
absence.
14.9 State Disability Insurance (SDI). Effective July 1, 1994, the County will begin a six-
month pilot program for employees eligible for State Disability benefits. At the end of the six(6)
month pilot program, the County will meet and confer to evaluate whether the plan will be
continued. Employees eligible for SDI benefits will be required to make application for SDI
benefits and to have those benefits integrated with the use of their sick leave accruals on the
following basis:
General Provisions. The California SDI program provides disability benefits beginning
on the eighth (8) calendar day of a qualifying disability unless the employee is
hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
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from the first day of the disability. The maximum period of state disability payments is
up to one year. Determination of SDI payments and eligibility to receive payments is at
the sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to supplement the
difference between the amount of the SDI payment and the employee's base monthly salary.
Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate
integration adjustments, including retroactive adjustments if necessary. Employees must inform
their department of hospitalization in a timely manner in order for the department to make
appropriate integration adjustments. State Disability benefit payments will be sent directly to the
employees at their home address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the difference
between the SDI payment and the employee's base monthly salary, accruals other than sick
leave may be used. These accruals may be used only to the extent that total payments do not
exceed the employee's base monthly salary.
Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability
integration period, the department shall automatically use 0.1 hour of sick leave per month for the
duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates. An employee may use any other accruals without reference to or integration
with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may
use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period may use
any other accruals without reference to or integration with the SDI benefit. Employees whose SDI
claims are denied must present a copy of their claim denial to their department. The department
will then authorize use of unused sick leave and shall authorize the use of other accruals as
appropriate.
Employees may contact the Human Resources Department, Benefits Services Unit, for
assistance in resolving problems.
Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the
employee's sick leave accrual charges while receiving SDI benefits shall be calculated
each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to
the daily hours in the employee's schedule and that number of sick leave hours will be
charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full time employees' schedules will
be converted to eight (8) hour/five(5) day weekly work schedules during the period of
integration.
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The formula for full time employees' sick leave integration charges is shown below:
L = [(S-D) oS]x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter(3-mos) Earnings [H = S X 3]
W=Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit[D = (W 07) x C]
L= Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
Definition. "Base Monthly Salary"for purposes of sick leave integration is defined as the
salary amount for the employee's step on the salary schedule for the employee's
permanent classification as shown in the"Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll reporting purposes.
Conversion to the New SDI Program. For all employees receiving SDI benefits prior to
July 1, 1994, conversion to the new SDI program operated by departmental payroll staff
will be coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources.Department and
signed over to the County by June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on the July 10th pay warrants
insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June
30, 1994, will be returned to the employee. All employee SDI benefit checks received
after June 30, 1994, will be returned to the employee. In both these situations, no sick
leave buy back will be made, regardless of the calendar period to which the benefit
checks pertain. Program transfer to departmental payroll staff will be effective July 1,
1994 for the month of July with the first computation of SDI benefits and integration with
sick leave under the new program made on the August 10, 1994 pay warrants covering
the July 1994 payroll period.
14.10 Confidentiality of Information/Records. Any use of employee medical records
will be governed by the Confidentiality of Medical Information Act(Civil Code Sections
56 to 56.26).
SECTION 15-CATASTROPHIC LEAVE BANK
15.1 Pro-gram Design. The Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a County
wide bank wherein any employee who wishes to contribute may authorize that a portion
of his/her accrued vacation, compensatory time, holiday compensatory time or floating
holiday be deducted from those account(s) and credited to the Catastrophic Leave
Bank. Employees may donate hours either to a specific eligible employee or to the
bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a
requesting employee's sick leave account so that employee may remain in paid status
for a longer period of time, thus partially ameliorating the financial impact of the illness,
injury, or condition.
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Catastrophic illness or injury is defined as a critical medical condition, a long-term major
physical impairment or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the
Human Resources Director. The Human Resources Department will be responsible for
receiving and recording all donations of accruals and for initiating transfer of credits
from the Bank to the recipient's sick leave account. Disbursement of accruals will be
subject to the approval.of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the
majority representative employee organizations. The committee shall meet as
necessary to consider all requests for credits and shall make determinations as to the
appropriateness of the request. The committee shall determine the amount of accruals
to be awarded for employees whose donations are non-specific. Consideration of all
requests by the committee will be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight(8) hours total, have applied
for a medical leave of absence and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts. Employees who elect to donate to a specific
individual shall have seventy-five percent(75%) of their donation credited to the
individual and twenty-five percent(25%)credited to the Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted.
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a forty (40) hour week will have
hours prorated according to.their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours.per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts
of benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank or
returned to the donor's account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
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Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has permanent status may be
granted a leave of absence without pay upon written, request, approved by the
appointing authority; provided, however, that leaves for pregnancy, pregnancy disability,
serious health conditions, and family care shall be granted in accordance with
applicable state and federal law.
16.2 General Administration - Leave of Absence. Requests for leave of
absence without pay shall be made upon forms prescribed by the Director of Human
Resources and shall state specifically the reason for the request, the date when it is
desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's
usefulness on return to the employee's position;
5. for other reasons or circumstances acceptable to the appointing
authority
B. An employee must request family care leave at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must provide written notice to the
employer within five (5) days of learning of the event by which the need
for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. Procedure in granting extensions shall be the same as that in
granting the original leave, provided that the request for extension must
be made not later than thirty (30) calendar days before the expiration of
the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition
or for family care (FMLA) shall be granted to an employee who requests it for
up to eighteen (18)weeks during a rolling twelve (12) month period (measured
backward from the date an employee uses any FMLA leave) in accordance with
Section 16.5 below.
E. Whenever an employee who has been granted a leave without any pay
desires to return before the expiration of such leave, the employee submit
a request to the appointing authority in writing at least fifteen (15) days in
advance of the proposed return. Early return is subject to prior approval
by the appointing authority. The Human Resources Department shall be
notified promptly of such return.
F. Except in the case of leave of.absence due to family care, pregnancy,
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pregnancy disability, illness, disability, or serious health condition, the
decision of the appointing authority granting or denying a leave or early
return from leave shall be subject to appeal to the Director of Human
Resources and not subject to appeal through the grievance procedure set
forth in Section 24 of this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15)calendar days
for any one period. Longer pre-authorized absences without pay shall have their
compensation for the portion of the month worked computed in accord with Section
5.10, Compensation for Portion of Month, of the MOU. Full time and part-time
employees who take furlough time shall have their vacation, sick leave, floating holiday
and any other payroll-computed accruals computed as though they had worked the
furlough time. When computing vacation, sick leave, floating holiday and other accrual
credits for employees taking furlough time, this provision shall supersede Sections 13.5,
14.2, 14.8 and 15.1 of this MOU regarding the computation of vacation, sick leave,
floating holiday and other accrual credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the Auditor-
Controller. The existing VTO program shall be continued for the life of the contract.
16.4 Military Leave. Any employee who is ordered to serve as a member of
the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard
or any division thereof shall be granted a military leave for the period of such service,
plus ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency, shall be granted a leave of absence in
accordance with applicable federal or state laws. Upon the termination of such service,
or upon honorable discharge, the employee shall be entitled to return to the employee's
position in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining.eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, any employee who has permanent status shall be entitled to at least eighteen (18)
weeks leave during a rolling 12 month period (measured backward from the date an employee
uses any FMLA leave), less if so requested by the employee for:
a. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
b. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
39
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
16.6 Medical Certification. The employee may be asked to provide
certification of the need for family care leave or medical leave. Additional period(s) of
family care or medical leave may be granted by the appointing authority.
16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 16.12 below. When paid leave
accruals are used for a medical or family care leave, such time shall be counted as a
part of the eighteen (18) week entitlement.
16.8 Aggregate Use for Spouse. In the situation where husband and wife are
both employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of eighteen (18)weeks in a rolling 12 month period (measured backward from the date
an employee uses any FMLA leave). Employees requesting family care leave are required to
advise their appointing authority(ies) when their spouse is also employed by the County.
16.9 Definitions. For medical and family care leaves of absence under this
section, the following definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section
4100.
d. Domestic Partner: An unmarried person, eighteen (18) years or older, to
whom the employee is not related and with whom the employee resides
and shares the common necessities of life.
e. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which warrants the participation of a family member to
provide care during a period of treatment or supervision and involves
either inpatient care in a hospital, hospice or residential health care facility
or continuing treatment or continuing supervision by a health care provider
(e.g. physician or surgeon) as defined by state and federal law.
f. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
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2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to
render care or supervision;
4. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
leave schedule is necessary for the care of the individual or will
assist in their recovery, and its expected duration.
g. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the,employer, which need not identify the serious health condition
involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of
the employee's job;
4. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced leave schedule and its expected
duration.
h. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.d -Sick Leave Utilization for Pregnancy Disability, that time will not
be considered a part of the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 16.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.5 above, the County will
continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under Section 16.12. In order to maintain
such coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
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16.12 Leave Without Pay- Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any
leave of absence without pay, an employee may elect to maintain pay
status each month by using available sick leave (if so entitled under
Section 14.3 - Policies Governing the Use of Paid Sick Leave),vacation,
floating holiday, compensatory time off or other accruals or entitlements;
in other words, during the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12)
months, the leave period may not be "broken" into segments and accruals
may not be used, except when required by LTD Benefit Coordination or
SDI/Sick Leave Integration under Section 14.9—State Disability
Insurance or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18)weeks'of an
approved medical or family care leave, if a portion of that leave will be on
a leave of absence without pay, the employee will be required to use at
least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under
subsection A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An
eligible employee who files an LTD claim and concurrently takes a leave
of absence without pay will be required to use accruals as provided in
Section B herein during the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible employee continues beyond
the eighteen (18)weeks entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose to maintain further pay
status only as allowed under subsection A. herein.
D. Sick leave accruals may not be used during any leave of absence, except
as allowed under Section 14.3 - Policies Governing the Use of Paid Sick
Leave.
16.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of Section 11 - Seniority, Workforce Reduction,
Layoff, & Reassignment shall apply.
16.14 Reinstatement From Family Care Medical Leave. In the case of a family
care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same
or comparable position if the return to work is after no more than ninety (90) work days
of leave from the initial date of a continuous leave, including use of accruals, or within
the equivalent on an alternate work schedule. A full time employee taking an
intermittent or reduced work schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule is after no more than seven
hundred twenty (720) hours, including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved, the appointing authority shall
notify the employee in writing of the final date to return to work, or the maximum
number of hours of leave, in order to guarantee reinstatement to the same or
42
comparable position. An employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position adjusted on a pro rata
basis.
16.15 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six(6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
16.16 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of a leave, shall be without
pay. Such absence may also be grounds for disciplinary action.
16.17 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 17 -JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section,jury duty shall be defined as any
time an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate indicating the days attended and
noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is
required.
b. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be submitted to the department
payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their ability
to properly serve as jurors.
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An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short notice.
When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in 9/80
or 4/10 work schedules will not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
17.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and expenses
paid to them, other than mileage allowance, or they may take vacation leave or leave
without pay and retain all fees and expenses. Employees called to serve as witnesses
in private cases or personal matters (e. g., accident suits and family relations) shall take
vacation leave or leave without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 17 of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty. Permanent-intermittent
employees are entitled to paid witness duty only for those days on which they were
previously scheduled to work.
SECTION 18 -HEALTH. LIFE & DENTAL CARE
18.1 County Plans.The County will continue to offer existing County Group
Benefit Programs of medical, dental and life insurance coverage through December 31,
1999 to all permanent employees regularly scheduled to work twenty (20)or more
hours per week. Effective January 1, 2000, the County will offer Group Benefit
Programs for medical, dental and life insurance coverage to all permanent employees
regularly scheduled to work twenty(20) hours or more per week as described in the
September 30, 1999 agreement(Attachment C) between the County and the Labor
Coalition.
18.2 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
EMPLOYEE HEALTH PLAN CO-PAYS:
Effective 1/1/07 employees shall be required to pay the following health plan co-pays for office
visits, prescription drugs, and emergency room treatment.
Kaiser $10 Office Visit/$10 Generic Drugs-$20 Brand
Name Drugs/$10 Emergency Room
HealthNet $10 Office Visit/$10 Generic Drugs-$20 Brand Name
Drugs-$35 Non-Formulary Drugs/$25 Emergency Room
CCHP A No Change
CCHP B No Change
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Any increase in the Health Plan costs greater than the County contributions identified
above occurring during the duration of this MOU shall be borne by the employee.
18.3 Medicare Rates. Corresponding Medicare rates for employees covered under
this MOU shall be as follows: for Employee Only on Medicare by taking the Employee
Only rate for the option selected and subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one enrollee; for Employee and
Dependent(s)with one member on Medicare by taking the Employee and Dependent(s)
rate for the option selected and subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one enrollee; for Employee and
Dependent(s)with two members on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare
premium withheld from Social Security payments for two enrollees.
18.4 Partial Month. The County's contribution to the Health Plan premium is payable
for any month in which the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the health plan. An employee is thus
covered by the health plan for the month in which compensation is paid.
18.5 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the health plan
during said leave.
An employee on leave in excess of twelve(12) months may continue health plan
coverage by converting to an individual health plan option (if available) or continuing
group coverage subject to the provisions of the Consolidated Omnibus Budget
Reduction Act(COBRA) provided the employee pays the entire cost of coverage, plus
any administrative fees, for the option selected. The entire cost of coverage shall be
paid at a place and time specified by the County. Late payment may result in
cancellation of health plan coverage with no reinstatement allowed.
An employee who terminates County employment may convert to individual health plan
coverage, if available, or may continue County group health plan coverage to the extent
provided under COBRA by making premium payments to the County at a time and
place specified by the County.
18.6 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either active
subscribers to one of the County Health Plans or if on authorized leave of absence
without pay they have retained their membership by either continuing to pay their
monthly premiums to the County by the deadlines established by the County or
converting to individual conversion membership from the County plan through the
medical plan carrier, if available.'
18.7 Dual Coverage. If a husband and wife both work for the County and one
of them is laid off, the remaining eligible shall be allowed to enroll, or transfer into the
health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage through a
spouse's coverage shall be allowed to enroll or transfer into the health coverage
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combination of his/her choice within thirty (30) days of the date coverage is no longer
afforded under the spouse's plan.
18.8 Health Care SDending Account. The County will offer regular full-time and parttime
(20/40 or greater) County employees the option to participate in a Health Care
Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a pre-determined amount of money from their
paycheck, not to exceed $2,400, for health care expenses not reimbursed by any other
health benefits plan with before tax dollars. Effective January 1, 2000, this amount shall
be increased to $3000 per year. HCSA dollars can be expended on any eligible medical
expenses allowed by Internal Revenue.Code Section 125. Any unused balance cannot
be recovered by the employee.
18.9 PERS Lonci Term Care. The County proposes to deduct and remit
monthly premium and eligible lists to the PERS Long Term Care Administrator, at no
County administrative cost, for County employees who are eligible and voluntarily elect
to purchase long term care through the PERS Long Term Care Program.
The County further agrees that County employees interested in purchasing PERS Long
Term Care may participate in meeting scheduled by PERS Long Term Care on County
facilities during non-work hours. (e.g.; coffee breaks, lunch hour).
18.10 Deferred Retirement. Effective two (2) months following an approved
agreement, employees who resign and file for a deferred retirement may continue in
their County group health and dental plan;.the following conditions and limitations apply:
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental coverage, the employee must:
1. be qualified for a deferred retirement under the 1937 Retirement
Act provisions.
2. be an active member of a County group health and/or dental plan
at the time of filing their deferred retirement application and elect to
continue health benefits.
3. be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty four(24)
months of their application for deferred retirement.
4. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days
before their separation from county service.
C. Deferred retirees who elect continued health benefits hereunder may
maintain continuous membership in their County health and/or dental plan
group during the period of deferred retirement at their full personal
expense, by paying the full premium for their health and dental coverage
on or before the eleventh (11th) of each month to the Auditor-Controller.
When they begin to receive retirement benefits, they will qualify for the
same health and/or dental plan coverage and county subvention to which
retirees who did not defer retirement are entitled.
d. Deferred retirees who elect continued health benefits hereunder may elect
not to maintain participation in their county health and/or dental plan
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during their deferred retirement period; and may instead qualify for the
same coverage and county subvention in any County health and/or dental
plan when they begin to receive retirement benefits as retirees who did
not defer retirement are entitled; provided reinstatement to a County
group health and/or dental plan with county subvention occurs no sooner
than the first of the month following a full three (3) calendar month waiting
period after the commencement of their monthly allowance.
e. Eligibility for County subvention will not exist hereunder unless and until
the member draws a monthly retirement allowance within not more than
twenty four(24) months after separation from County service.
f. Deferred retirees are required to meet the same eligibility provisions for
health/dental plans as active/retired employees.
18.11 Child Care. The County will continue to support the concept of non-profit
child care facilities similar to the"Kid's at Work" program established in the Public
Works Department.
SECTION 19 -PROBATIONARY PERIOD
19.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period. This period
shall be from six(6) months to two (2) years duration.
19.2 Those classes represented by the Association which have probation
periods in excess of six (6) months: None.
19.3 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary period.
19.4 The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any period of
continuous absence exceeding fifteen (15) calendar days except as otherwise provided
by law. For those employees appointed to permanent-intermittent positions with a six
(6) months probation period, probation will be considered completed upon serving one thousand
(1,000) hours after appointment except that in no instance will this period be
less than six (6)calendar months from the beginning of probation. If a permanent intermittent
probationary employee is reassigned to full-time, credit toward probation completion in the full-
time position shall be prorated on the basis of one hundred seventy-three (173) hours per month.
For employees appointed to permanent part-time positions with a six(6) month probation period,
probation will be considered completed after serving six (6) months in the permanent part-time
position.
19.5 Resection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious or
union activities, or race, color, national origin, sex, age, disability, or
sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth in facts by which it is claimed that grounds for appeal exist under
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Subsection A and must be filed through the Director of Human Resources
to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the
date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause
to believe that the rejection may have been based on grounds prohibited
in Subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant
to the relevant provisions of the Merit Board rules in which proceedings
the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the
appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct
that the appellant shall begin a new probationary period unless the Merit
Board specifically reinstates the former period.
19.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period, subject to
the condition that the Director of Human Resources receive from the appointing
authority a statement in writing that the services of the employee during the
probationary period were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be rejected at any time during
the probation period without regard to the Skelly provisions of this MOU, without notice
and without right of appeal or hearing. If the appointing authority has not returned the
probation report, a probationary employee may be rejected from the service within a
reasonable time after the probation period for failure to pass probation. The Department
will make every effort to process the probation report in a timely manner, with the intent
of completing it before the end of the probation period. If the appointing authority fails to
submit in a timely manner the proper written documents certifying that a probationary
employee has served in a satisfactory manner and later acknowledges it was his or her
intention to do so, the regular appointment shall begin on the day following the end of
the probationary period. Notwithstanding any other provisions of the MOU, an employee
rejected during the probation period from a position in the Merit System to which the
employee had been promoted or transferred from an eligible list, shall be restored to a
position in the department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after
being promoted or transferred from a position in the Merit System to a position not
included in the Merit System shall be restored to a position in the classification in the
department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final.
The Director of Human Resources shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected from the
same eligible list, unless such certification is requested in writing by the appointing
authority.
19.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated, displaced,
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or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment
list is not subject to a probation period if the position is in the department from which the
employee separated, displaced or voluntarily demoted in lieu of layoff.
19.8 Resection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall be
automatically restored to the layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall begin a new probation period if
subsequently certified and appointed in a different department or classification than that
from which the employee was laid off.
SECTION 20—PROMOTION
20.1 Promotion shall be by competitive examination unless otherwise provided in
this MOU.
20.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
20.3 Promotion Via Reclassification Without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one classification
to a higher classification and his/her position reclassified at the request of the
appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
b. The incumbent of the position must have performed at the higher level for
one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications for
the class. Applicants will be admitted to promotional examinations only if the
requirements are met on or before the final filing date. If an employee who is qualified
on a promotional employment list is separated from the merit system, except by layoff,
the employee's name shall be removed from the promotional list.
20.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent(70%) or more, shall receive, in addition to all other credits, five one hundredths
(.05) of one percent for each completed month of service as a permanent County employee
continuously preceding the final date for filing application for said
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examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent(5%) credit for seniority in any promotional
examination.
20.6 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time at.
County expense.
SECTION 21 -TRANSFER
21.1 The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have
been determined by the Director of Human Resources to be appropriate
for transfer on the basis of minimum qualifications and qualifying
procedure;
b. the employee shall have permanent status in the merit system and shall
be in good standing;
C. the appointing authority or authorities involved in the transaction shall
have indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in
writing;
e. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a
list for a class for which appointment is being considered.
21.2 Any employee or appointing authority who desires to initiate a transfer may
inform the Director of Human Resources in writing of such desire stating the reasons
therefore. If the Director of Human Resources considers that the reasons are adequate
and that the transfer will be for the good of the County service and the parties involved,
the Director of Human Resources shall inform the appointing authority or authorities
concerned and the employee of the proposal and may take the initiative in
accomplishing the transfer.
21.3 Bid Procedure. Permanent employees in all classes represented by this
bargaining unit may bid on open jobs in the same classification throughout the Health
Services Department. All open jobs will be offered to presently assigned permanent
employees for bid. The following procedures shall apply:
a. Responsibility. Implementation of the bidding procedure is the
responsibility of the Supervisor("Supervisor") of the vacated or newly
created position.
b. Job Notices Posted Five (5) Days Only. Open job notices shall be posted
for five (5) calendar days in specific locations mutually agreed upon by the
Association and the County. RN and FNP postings shall be maintained in
binders at the Nursing Administration office and at Health Services
Personnel. All postings shall be retained for forty-five (45) days. The
notice shall specify all job factors and shall be posted only once. If there
50
are no bidders, the department head may fill the position by using the
Merit System eligible list or by making internal reassignments.
A late bid shall be accepted if the nurse can demonstrate he/she was
authorized to be off during the entire posting period.
C. All Open Jobs Must be Posted. All job openings which may occur by
creation of new jobs, separation, promotion, demotion or reassignment
must be posted for permanent employee bidding.
d. Eligible Bidders. All permanent full time, permanent part-time and
permanent-intermittent employees in the Health Services Department may
bid on any open permanent position in the same classification anywhere
else in the Health Services Department including Public Health.
Employees who are in temporary or provisional positions and employees
still on probation in a permanent position may not bid.
e. Bidder Selection.
1. Bids from within the unit of posting:
It is agreed that employees currently working in the unit that has the posted vacancy,
would be the most qualified pool of candidates. The
bid will be awarded to unit employees requesting hour or shift changes
in accordance with this provision. In the case of two (2) or more
candidates submitting a bid from within the unit of vacancy, the position
will be awarded to the candidate holding the most RN unit seniority.
The manager may select the next most senior bidder within the unit of vacancy in the
event that the most senior bidder within the unit of vacancy has more than two (2)written
counselings or disciplinary memos administered within the past two (2) years; two (2) or
more below standard annual performance evaluations in the past four(4) years; or an
active corrective action plan.
2. Bids for outside of the unit or posting:
The Supervisor shall interview each employee submitting a bid and select
the person to fill the position they deem most qualified by virtue of education,
training, and experience. In the event two or more bidders are equally well
qualified, the position will be filled by the most senior employee submitting
a bid. In all cases, the person selected must possess the minimum
qualifications (as described in the job specification)for the skill level of the
position they are selected to fill (i.e. trainee, entry, experienced, advanced,
etc.). Unsuccessful bidders will be so notified in writing on forms agreed to
between the Association and the Department as soon as possible following
the conclusion of the interviews, but not later than the date upon which the
successful bidder is notified of selection. The bid results form is not an
employment record and will not be used for subsequent employment related
decisions.
f. No Old Job Claim. The selected bidder shall have no claim on the job that
the selected bidder left. If the decision is made by either the supervisor or
the employee to seek immediate reassignment, the employee must take
another open job (not bid on). The old job may not be reclaimed because
the employee once held it.
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g. Minimum Job Time-3 Months. Employees must.have had three (3)
months in their reassigned position before they may bid on another open
position. Time period begins the date they begin working in the new
assignment.
H Bidding While on Leave. Employees interested in a particular assignment
and wishing to be notified of an open position while on authorized
absence from work (not day off) may leave a bid form or a self-addressed,
stamped envelope with the Supervisor of the position in which they are
interested.
21.4 Advanced Level Transfer and Training:
The County agrees to modify the RN Advanced Level job classification
to allow employees occupying such classifications to transfer to a different RN Advanced level
position and maintain RN Advanced level pay, provided that the employee meets the
expectations of the position specifications within six(6) months of the transfer.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
22.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of service
(unless the appointing authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in good standing.
22.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. an employee has been absent from duty for ten (10) consecutive working
days without leave, and
b. ten (10) more consecutive days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing
authority to the employee at the employee's last known address.
22.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
22.5 Coerced Resignations.
•A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar days
after its expression, by serving written notice on the Human Resources
Director, and a copy on the appointing authority.
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B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall
be revoked and the employee returned to duty effective on the day
following the appointing authority's acknowledgment without loss of
seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to
the Merit Board. In the alternative, the employee may file a written election
with the Human Resources Director waiving the employee's right of
appeal to the Merit Board in favor of the employee's appeal rights under
the grievance procedure contained in Section 24 of the MOU beginning
with Step 3.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
the employee returned to duty effective on the day following the decision
but without loss of seniority or pay, subject to the employee's duty to
mitigate damages.
22.6 Eligibility for Reemployment. Within one (1) year of resignation in good
standing from County service, a person who has had permanent status which included
satisfactory completion of probation may make application by letter to the Human
Resources Director for placement on a reemployment list as follows: the class from
which the person resigned; or any one class of equal or lesser rank in the occupational
series and in which the person had previously attained permanent status; or for any
class or deep class which has replaced the class in which the person previously had
status, provided that the person meets the minimum requirements for the new class. If
the appointing authority of the department from which the person resigned recommends
reemployment the Human Resources Director shall grant reemployment privileges to
the person. If the appointing authority does not recommend reemployment, the
employee may appeal to the Human Resources Director. Consideration of names from
a reemployment list is mandatory if the appointing authority recommended
reemployment of the individual(s) listed but is optional for other appointing authorities.
SECTION 23- DISMISSAL, SUSPENSION, AND DEMOTION
23.1 The appointing authority may dismiss, suspend, or demote, any employee
for cause. The following are sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension or demotion may be based on
reasons other than those specifically mentioned:
a. absence without leave;
b. conviction of any criminal act involving moral turpitude;
C. conduct tending to bring the merit system into disrepute;
d. disorderly or immoral conduct;
e. incompetence or inefficiency; -
f. insubordination;
g. being at work under the influence of liquor or drugs, carrying onto the
53
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises;
h. neglect of duty;
i. negligent or willful damage to public property or waste of public supplies
or equipment;
j. violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head;
k. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations;
I. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment;
M. misappropriation of County funds or property;
n. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU;
o. dishonesty or theft;
P. excessive or unexcused absenteeism and/or tardiness;
q. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or creating
an intimidating and hostile working environment.
23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5)work days (four
(4)work days for employees on 4/10.work week), demote or reduce in salary any
employee, the appointing authority shall cause to be served personally or by certified
mail on the employee, a Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
d. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be taken. Upon request of the
54
employee and for good cause, the appointing authority may extend in writing the period
to respond. If the employee's response is not filed within seven (7) days or during any
extension, the right to respond is lost.
23.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
23.4 Length of Suspensions. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit Board.
23.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after having
complied with the Skelly requirements where applicable, the appointing
authority shall make an order in writing stating specifically the causes for
the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall
be filed with the Human Resources Director, showing by whom and the
date a copy was served upon the employee to be dismissed, suspended
or demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon personal
service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or through the
procedures of Section 24 - Grievance Procedure of this MOU provided
that such appeal is filed in writing with the Director of Human Resources
within ten (10) calendar days after service of said order. An employee
may not both appeal to the Merit Board and file a grievance under Section
24—Grievance Procedure of this MOU.
23.6 Employee Representation Rights. The County recognizes an
employee's right to representation during any disciplinary interview or meeting which
may result in discipline. The County will not interfere with the representative's right to
assist an employee to clarify the facts during the interview.
SECTION 24-GRIEVANCE PROCEDURE
24.1 Grievance Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject to
the grievance procedure. The Association may represent the employee at any stage of
the process. Grievances must be filed within thirty(30) days of the incident or
occurrence about which the employee claims to have a grievance and shall be
processed in the following manner:
Step 1 Any employee or group of employees who believes that a provision of this
MOU has been misinterpreted or misapplied to his or her detriment shall discuss the
complaint with the grievant's immediate supervisor, who shall meet with the grievant
within five (5) days of receipt of a written request to hold such meeting.
Step 2 If a-grievanceis not satisfactorily resolved in Step 1 above, the grievant may
55
submit the grievance in writing within ten (10) work days to such management official as
the Department Head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress
grievant seeks. A copy of each written communication on a grievance shall be filed with
the Human Resources Director. The Department Head or his or her designee shall
have ten (10) work days in which to respond to the grievance in writing.
Step 3 If a grievance is not satisfactorily resolved in Step 2 above, the grievant may
appeal in writing within ten (10)work days to the Human Resources Director. The
Human Resources Director or his or her designee shall have twenty (20)work days in
which to investigate the merit of the complaint and to meet with the Department Head
and the grievant and attempt to settle the grievance and respond in writing.
Step 4 No grievance may be processed under this Section which has not first been
filed and investigated in accordance with Step 3 above and filed within ten (10)work
days of the written response of the Human Resources Director or designee. If the
parties are unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during the term of this MOU, such grievance shall be submitted
in writing to an Adjustment Board comprised of three(3)Association representatives
and three (3) representatives of the County, no more than two (2) of whom shall be
either an employee of the County or a member of the staff of an organization employed
to represent the County in the meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20)work days of receipt of the written
request and render a decision. If the County fails to meet the time limits specified in
Step 4 and the grievant demands in writing that an Adjustment Board be convened, the
County will convene an Adjustment Board within ten (10)work days or the grievance
will move to arbitration upon demand. This step of the grievance procedure may be
waived by the written mutual agreement of the parties.
Step 5 If an Adjustment Board is unable to arrive at a majority decision, either the
grievant or the County, may require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement between the grievant and the
Human Resources Director.
Such request shall be submitted within twenty (20) work days of the rendering of the
Adjustment Board decision.Within twenty (20) days of the request for arbitration the
parties shall mutually select an arbitrator who shall render a decision within thirty (30)
work days from the date of final submission of the grievance including receipt of the
court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared equally by the grievant and the
County. Each party, however, shall bear the costs of its own presentation, including
preparation and post hearing briefs, if any.
24.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves.a
position in a unit represented by the Association which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in Subsection
24.1 above.
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C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify,
amend, or terminate this MOU, nor any matter or subject arising out of or
in connection with such proposals, may be referred to arbitration under
this Section. Neither any Adjustment Board nor any arbitrator shall have
the power to amend or modify this MOU or written agreements
supplementary hereto or to establish any new terms or conditions of
employment.
D. If the Human Resources Director in pursuance of the procedures outlined
in Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step.4 above resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement
with or without payment for lost time.
E. No change in this MOU or interpretations thereof(except interpretations
resulting from Adjustment Boards or arbitration proceedings hereunder)
will be recognized unless agreed to by the County and the Union or
Association.
24.3 The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits specified in Steps
1 through 3 above, the grievance will automatically move to the next step. If an
employee fails to meet the time limits specified in Steps 1 through 3 above, the
grievance will be deemed to have been settled and withdrawn.
24.4 An official, with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Association but is not represented by the
Association in the grievance, shall give the Association a copy of the formal
presentation.
24.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Human Resources Director. Only
complaints which allege that employees are not being compensated in accordance with
the provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed
in the MOU which results from such meeting and conferring process shall be deemed
withdrawn until the meeting and conferring process is.next opened for such discussion.
No adjustment shall be retroactive for more than six(6) months from the date upon
which the complaint was filed. No change in this MOU or interpretations thereof(except
interpretations resulting from Adjustment Board or arbitration proceedings hereunder)
will be recognized unless agreed to by the County and the Association.
24.6 During the term of this MOU, the Association, its members and
representatives, agree that it and they will not engage in, authorize, sanction, or support
any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who'is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
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24.7 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 24 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Step 3, 4, and 5 of Subsection 24.1 above shall be taken
if action on the complaint or grievance has been taken by the Merit Board,
or if the complaint or grievance is pending before the Merit Board.
24.8 The Association may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this MOU.
SECTION 25 - BILINGUAL PAY
A salary differential of seventy dollars ($70) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Human Resources Director. Said differential shall be paid to eligible employees in paid
status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. Effective October 1, 2000,
the differential shall be increased to a total of seventy five dollars ($75) per month.
Effective October 1, 2001, the differential shall be increased to a total of eighty dollars
($80) per month.
SECTION 26—RETIREMENT
26.1 Contribution. Pursuant to Government Code Section 31581.1, the County
will continue to pay fifty percent(50%) of the retirement contributions normally required
of employees. Such payments shall continue for the duration of this MOU, and shall
terminate thereafter. Employees shall be responsible for payment of the employees'
contribution for the retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement Association without the
County paying any part of the employee's share. The County will pay the remaining
one-half(1/2) of the retirement cost-of-living program contribution.
26.2 Tier III. Subject to the enactment of enabling legislation amending the
1937 Employees' Retirement Act to allow such election, the County will permit certain
Tier II employees to elect a Tier III Retirement Plan under the following conditions:
1. The County and the Labor Coalition must agree on the wording of the
legislation and both parties must support the legislation.
2. Except for disability, all benefit rights, eligibility for and amounts of all
other benefit entitlements for Tier III, from and after the date of
implementation, shall be the same as Tier I. The disability benefits for Tier
III shall be the same as the current Tier II disability provisions.
3. The amount of the employee's required retirement contribution shall be
established by the County Employees' Retirement Association and shall
be based on the employee's age at entry into the retirement system.
4. Employees represented by the Labor Coalition and its member employee
organizations (herein referred to as 'Labor Coalition') enrolled in Tier II
who have attained five (5) years of retirement credited service as of the
effective date of the enabling legislation shall have a six (6) month period
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after such date to make a one time irrevocable election of the Tier III
Retirement Plan expressed herein subject to action by the Board of
Supervisors to implement the Plan. Thereafter, employees represented by
the Labor Coalition enrolled in Tier II who have attained five (5) years of
retirement credited service shall have a ninety (90) day period to make a
one time irrevocable election of the Tier III Retirement Plan expressed
herein.
5. a. The County's employer contributions and subvention of employee
contributions for Labor Coalition employees electing Tier III which
exceed those which would be required for Tier II membership shall:
1. be funded by reducing the general wage increase agreed
upon to be effective October 1, 1997, and the pay equity
amounts attributable thereto, by a percentage sufficient to
reduce the County's wage obligation by three ($3) million
dollars per year; and the general wage increase of all
employees represented by the Labor Coalition shall be
reduced accordingly; and
2. in the event the County's costs attributable to the creation
and operation of Tier III exceed $3 million per year or the
County Employees' Retirement Association's actuaries
determine in future years that the County's retirement costs
have increased and that the increase is attributable to the
creation of Tier III and/or the impact of Tier III on the
County's retirement costs, such increase shall be funded by
reducing the general wage increase(s) agreed upon in future
years, and the pay equity amounts attributable thereto, to
the extent that future wage increases are granted; and the
general wage increase(s) of all employees represented by
the Labor Coalition shall be reduced accordingly; and
3. in the event the County's costs attributable to the Tier III
Retirement Plan are less than $3 million per year, the
difference shall be divided by twelve and each twelfth shall
be augmented by an amount equal to the County's common
pooled fund interest which would have accrued if one twelfth
had been invested in the first month of the past year, two
twelfths in the second month of the past year and so forth;
and
4. any savings to the County resulting from the creation and
operation of Tier III shall be used to offset future County
retirement cost increases attributable to the creation and
operation of Tier III; and
5. County savings shall be held in an account by the Auditor-
Controller which is invested in the County's common pooled
fund and will accrue interest accordingly. The County will
report yearly to the Labor Coalition on a) the beginning
account balance, b) the interest earned, c) expenditures
from the account to cover increased costs resulting from the
Tier III Retirement Plan, and d) the ending account balance.
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b. Any increased costs to the County, due to Tier III participation by
employees not represented by the Labor Coalition, shall not be
funded by reduction of general wage increases otherwise due to
the employees represented by the Labor Coalition.
C. Subject to the provisions expressed above, any and all additional
employer and County-paid employee contributions which exceed
the sum of the County's legally required contributions under Tier II
shall be recovered by reducing general wage increases to the
employees represented by the Labor Coalition.
d. Any disputes regarding cost or savings shall be subject to binding
arbitration upon demand of the Labor Coalition or the County.
6. a. The enabling legislation shall provide that the Tier III Retirement
Plan may be implemented only by an ordinance enacted by the
Board of Supervisors.
b. Board of Supervisors' action to implement the Tier III Retirement
Plan shall be taken not earlier than seven (7) months after the
effective date of the legislation plus thirty (30) days after an
actuarial report on the County cost of the Plan is received by the
County, provided that before enactment of the ordinance, the Labor
Coalition has not notified the County in writing that a one percent
(1%)wage increase shall be implemented by the County effective
October 1, 1997, without interest, in lieu of implementation of the
Tier III Retirement Plan.
7. The establishment of the Tier III Retirement Plan pursuant to the terms of
this Memorandum of Understanding shall be subject to approval by the
Board of Retirement of the Contra Costa County Employees' Retirement
Association.
8. In the event the County is prevented from implementing the Tier III
Retirement Plan for any reason on or before the termination date of this
MOU, the agreement of the parties regarding a Tier III Retirement Plan
shall expire and a one percent(1%) lump sum wage increase shall be
implemented by the County within sixty(60) days after the determination
that Tier III cannot be implemented or as soon thereafter as practicable
for the peri6d"covering October 1, 1997 through such termination date,
without interest, in lieu of the Tier III Retirement Plan.
Effective January 1, 2005, Tier 2 of the retirement plan for employees represented by
the California Nurses Association shall be eliminated and all employees in Tier 2 of the
retirement plan shall be placed in Tier 3.
Effective January 1, 2005, employees represented by the California Nurses Association
in Tier 2 with ten (10) or more years of County/District service, will be eligible to
participate in the County's buy back program. Employees may replace Tier 2 benefits
with Tier 3 benefits as follows:
1. Employee buys back two (2) years, County will buy back one (1) year for a total
of three (3) years of buyback.
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2. Employee buys back four(4) years, County will buy back two (2)years for a total
of six(6) years of buyback.
3. Employee buys back six (6)years, County will buy back three (3) years for a total
of nine (9) years of buyback.
26.3: Retirement Coverage
Upon retirement, employees may remain in the same County group medical plan if they are:
either a) active subscribers to one of the County Health Plans of on the date of their retirement,
or, b) if they are on authorized leave of absence without pay and they have retained their
membership by continuing to.pay their monthly premium by the deadlines established by the
County, or c) by converting to individual conversion membership through the medical plan carrier,
if available.
For purposes of retiree health coverage eligibility, a year of service for part time employees shall
be defined as 1,000 (one thousand) paid hours, excluding Worker's Compensation and overtime
worked within afa service anniversary year. For the purpose of this provision employees shall
accrue service credit-while on Family and Medical Leave or in a paid status.
The County agrees that eligibility requirements and implementation date for Retiree Health for
employees covered by this Memorandum of Understanding will be the same as agreed to for the
majority of County employees.
SECTION 27 -TRAINING REIMBURSEMENT
27.1 Career Development
Career development training reimbursement shall be limited to six-hundred-fifty dollars ($650.00)
per calendar year for employees'who regularly work twenty-four(24) or more hours per week.
Employees who regularly work less than twenty-four hours per week shall be limited to two-
hundred dollars ($200.00) per calendar year, and one hundred and twenty five dollars ($125.00)
may be used for items listed under professional career development.
Up to three-hundred and fifty dollars ($350.00) per calendar year may be applied to continuing
education courses or job related software with the approval.of the Manager/Division Head. Such
reimbursement may be carried over into the next fiscal year, however, the maximum
reimbursement in any fiscal year may not exceed seven-hundred dollars ($700.00).
Up to six hundred fifty dollars ($650.00) may be reimbursed for professional career development
with an emphasis in the following areas:
1) University or college credit coursework required of an accredited nursing curriculum;
2) Nursing/Medical textbooks,journals and on-line texts and journals that are directly related
to the job;
3) Attainment or renewal of national certification in specialty of nursing including review
course tuition and materials:
4) Attendance at educational meetings in areas of specialty of nursing or medicine;
5) To offset costs required to meet minimum qualifications for a new specialty area of work
within the first six-months of transition.
Reimbursement for and use of professional development costs shall be subject to department
approval, and proof of successful course completion and payment.
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27.2 The Health Services Department will provide Advanced Cardiac Life Support
certification and re-certification classes to those employees who are required to be
certified at a cost of no more than twenty-five dollars ($25.00)to the employee.
SECTION 28 - EDUCATION LEAVE
Each regular full-time employee in the classification of Registered Nurse with one (1) or
more years of permanent service shall be entitled to forty (40) hours leave with pay
each year to attend Board of Registered Nurses approved continuing education
courses, workshops, or classes. Employees in the classification of Family Nurse
Practitioner with one (1) or more years of permanent County service shall be entitled to
sixty-four(64) hours leave with pay each year to attend BRN or CME approved
continuing education courses, institutions, workshops or classes. Written requests for
such leave must be submitted in advance and may be denied only in the event such
leave interferes with staffing.
Registered Nurses and Family Nurse Practitioners may carry over continuing education
leave at the rate of forty (40) hours and sixteen (16) hours respectively for a maximum
total of eighty (80) hours per year. Such carry-over will be granted without restriction.
Family Nurse Practitioners may carry-over additional continuing education leave subject
to approval.
The leave herein above defined shall not apply to those courses or programs the
employee is required by the County to attend. Mandatory class hours include,
but are not limited to ProAct, PALS, NRP, BLS, ACLS, and harassment prevention.
These required courses will be taken at CCRMC.
A Registered Nurse assigned to the night shift, who attends a continuing education
course of eight(8) hours duration outside scheduled work time, may receive
educational leave pay for the actual course time and may be excused from the night
shift immediately preceding or following the course attended.
When an employee covered by this agreement separates from County service, any
unused educational leave shall be canceled. Permanent part-time registered nurses
shall be entitled to educational leave on a pro-rated basis.
An employee who attends a pre-approved course on a date for which he/she is not
regularly scheduled to work or who completes a pre-approved home study course will
be granted CE time off for the number of hours equivalent to the CE units earned. Only
Board of Registered Nurses and Continuing Medical Education approved courses will
be approved. Such time off must be scheduled in advance by mutual agreement
between the employee and the supervisor.
SECTION 29 -CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Human Resources Director subject to approval
by the Board of Supervisors. The County will meet and confer with the Association on
the minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Association, the
Association shall be notified and upon request of the Association, representatives of the
County will meet and consult with the Association over such duties.
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SECTION 30 -SAFETY
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations.
To further this goal,the CCRMC commits to maintain Patient Care Assistance
Teams (Lift Teams).
SECTION 31 -MILEAGE
The mileage allowance for use of personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue Service and shall be adjusted to,
reflect changes in this rate on the date it becomes effective or the first of the month
following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 32 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Office, it is the policy of the Auditor-Controller's Office that the error
will be corrected and a new warrant issued within forty-eight(48) hours, exclusive of
Saturdays, Sundays and holidays from the time the Department is made aware of and
verifies that the pay warrant is in error.
Pay errors discovered by the County found in employee pay shall be corrected as soon
as possible as to current pay rate but that no recovery of either over payments or under
payments to an employee shall be made retroactively except for the six (6) month
period immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing authority or
designee, the Human Resources Director or designee, or the Auditor-Controller or
designee. Discovery of fraudulently accrued over or under payments are excluded from
this section for both parties.
SECTION 33 -DETENTION FACILITY DIFFERENTIAL
Employees who work in the County Detention Facility (including Marsh Creek, West
County, Byrons Boy's Ranch, the Martinez Detention Facility and Juvenile Hall) shall
receive a differential per hour worked at a premium of five percent(5%) of the hourly
equivalent of the base rate. Effective the first of the month following the month in which
this MOU is adopted by the Board of Supervisors, a five percent (5%) detention
differential will be added to the current five percent(5%) detention differential, for a total
of a ten percent(10%) detention differential.
SECTION 34-JOINT ASSOCIATION/MANAGEMENT MEETING
A. There shall be a Joint Association-Management Meeting every other
month unless mutually waived or unless mutually agreed to meet more
frequently. Release time or appropriate overtime or paid straight time will
be provided for three(3)Association representatives; the Chief Nurse
Representative, the Outpatient Nurse Representative and the FNP Nurse
Representative, or their designees. Management may also have three (3)
representatives; the Director of Hospital Nursing, the director of
Ambulatory Care Nursing and the Health Services Department Personnel
Officer, or their designees. Both parties may agenda items in advance of
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the meeting and management shall provide reasonable information which
is not confidential nor legally protected with a minimum of two (2)weeks
advance notice. Other people may be invited to attend such meetings if
mutually agreed upon in advance. Among issues for discussion shall be
items related to communication and trust.
B. Upon request of the Association, the County agrees to schedule meetings
similar in concept for the Public Health Division.
SECTION 35 - PROFESSIONAL PERFORMANCE COMMITTEES
35.1 There shall be a single Health Services Registered Nurse Professional
Performance Committee (PPC)which shall consist of two (2) subcommittees; one (1)for
inpatient Registered Nurses and one (1)for outpatient Registered Nurses.
The Committee(s) may consider and discuss issues and subject matters of their own
selection which are related to patient care and nursing practice. The Committee(s) may
also formulate advisory recommendations and proposals concerning such matters. The
Committee(s) shall not discuss economic matters, such as wages, hours and other
economic conditions which may be subject to meet and confer.
Contra Costa County and California Nurses Association agree that it is in the best interest of the
patients, employees and management to foster mature and cooperative labor- management
relations. To that end, effective sixty days after adoption of this agreement, the parties agree to
supplement Section 35 Professional Performance Committee with the following:
• The Committee may meet more often with agreement of Chief Nursing Officer.
• The Chair will meet with the Chief Nursing Officer prior to quarterly the meeting to set the
agenda.
• The Committee can request attendance of the Chief Nursing Officer at any of the monthly
meetings.
• Whenever the committee makes a written recommendation to the respective Director of
Nursing and the Chief Nursing Officer, s/he will respond in writing to the committee within
thirty (30) calendar days unless the Association and the County mutually agree that the
time may be extended.
• If the meetings are scheduled during a committee member's off duty time, the employee
will be paid up to two (2) hours of paid straight time. Such paid time shall not be
considered hours worked for the purpose of overtime.
Objectives
The objectives of the Professional Performance Committee shall be:
Nurse Practice
• To work constructively for the improvement of patient care and nursing practice and to
recommend to HSD the ways and means to improve patient care.
• The County agrees that Registered Nurses should not participate in job related activities
that they do not feel competent practicing and should discuss these concerns with their
respective manager. If this dialogue does not end in a satisfactory conclusion, these
concerns should be taken to the Professional Performance Committee.
Safety and Health
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• To consider constructively the improvement of safety and health conditions that may be
hazardous and provide input for correction/elimination of those conditions to the HSD
Safety Committee.
Appropriate Staffing Levels
• To review staffing, census and acuity levels and make recommendations regarding
appropriate staffing levels that comply with state law.
35.2 The Inpatient Subcommittee may schedule one (1) regular meeting each month
during working hours which shall be scheduled to conflict as little as possible with
nursing services. The County will release from duty no more than three (3) Registered
Nurses assigned to the day shift, two (2) Registered Nurses assigned to the evening
shift and one (1) Registered Nurse assigned to the graveyard shift for a period not to
exceed two(2) hours for attendance at such a meeting.
The Outpatient Subcommittee may schedule one (1) regular meeting each month
during working hours, provided that such meetings shall be scheduled to conflict as little
as possible with the clinic schedule and shall be mutually agreeable to the County. The
County will release from duty no more than three (3) nurses for a period not to exceed
two (2) hours, including travel time.
The Committee(s) may decide to meet jointly in lieu of separate meetings if particular
issues or subjects call for joint inpatient and outpatient consideration.
35.3 The Committee(s) shall maintain written minutes and shall provide copies to the
Director of Hospital Nursing Services and Director of Ambulatory Care Nursing and
shall maintain copies in various locations for perusal by Registered Nurses.
35.4 Employees who are not employed at the Health Services Department may submit
verbal or written advisory recommendations and proposals for improving patient care to
a designated representative of the Department Head, and timely response will be
provided.
35.5 There shall be a separate Professional Performance Committee for the Family
Nurse Practitioners. The Committee may consider and discuss issues and subject
matters of their own selection which are related to patient care and nursing practice.
The Committee may also formulate advisory recommendations and proposals
concerning such matters. The Committee shall not discuss economic matters, such as
wages, hours and other economic conditions which may be subject to meet and confer.
The Committee may schedule one regular meeting each month during working hours
which shall be scheduled to conflict as little as possible with clinic schedules or
operational needs. The County will release from duty no more than three (3) Family
Nurses Practitioners for a period not to exceed two (2) hours, including travel time, for
attendance at such a meeting.
The Committee shall maintain written minutes and shall provide copies to the
designated supervisor(s) of the Family Nurse Practitioners in the Hospital and Clinic
and Public Health Divisions and shall maintain copies in various locations for perusal by
the Family Nurse Practitioners.
35.6 Quarterly Meetings with Health Services Department Managers The Chief Nursing Officer,
Director of Hospital Nursing Services, Director of Ambulatory Care Nursing and other managers
from the Health Services Department designated by the Contra Costa Regional Medical Center
(CCRMC) Executive Director shall meet quarterly
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35.7 Agenda Items for Quarterly Meeting with HSD
• Agendas will be established and distributed at two weeks in advance of the meetings.
• Subject matters appropriate for agenda items shall include objectives listed above as well
as the following: Funding/budgets and organizational updates, anticipated operational
changes, communication, educational development of staff, input to technology
development.
• Items that are not appropriate for agenda items for quarterly meetings are grievances,
disciplinary actions or matters subject to collective bargaining.
35.8 Recommendations for Action
• Joint recommendations of the PPC and staff may be referred from the Quarterly
meetings to the Contra Costa Regional Medical Center(CCRMC) Executive Director for
consideration.
• Two Association committee members and two management representatives shall meet
with the Contra Costa Regional Medical Center(CCRMC) Executive Director to discuss
said recommendations.
SECTION 36 - NOTICE OF HIRES AND SEPARATIONS
The County agrees to periodically mail to California Nurses Association the name,
classification, and date of hire or termination of employees in classifications
represented by California Nurses Association.
SECTION 37 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
the position, the Human Resources Director may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated the intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued. In no
case shall a permanent position be filled by a provisional appointment for a period
exceeding six(6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Human Resources Director may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a
leave of absence, such provisional appointment may be continued for the
duration of said leave.
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A provisional appointment shall be terminated within thirty (30) days after
the date of certification of eligibles from an appropriate eligible list.
All decisions of the Human Resources Director relative to provisional
appointments are final and not subject to the grievance procedure.
SECTION 38 - PERSONNEL FILES
An employee and/or the employee's union representative, shall have the right to inspect
and review the employee's departmental personnel file upon request at reasonable
times and for reasonable periods during the regular business hours of 8:00 a.m. to 5:00
p.m. Documentation in the personnel file relating to the investigation of a possible
criminal offense, and such information or letters of reference shall be specifically
excluded from such inspection and review. The employee's union representative, with
written authorization by the employee, shall also have the right to inspect and review
any official records(s) described above.
SECTION 39 -REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
a. When the employee is required by the department head to attend a
meeting concerning County business or County affairs.
b. When the employee is required to be out of the regular or normal work
area during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
d. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other official
functions.
e. When the employee is required to work three (3) or more hours of
overtime; in this case the employee may be reimbursed in accordance
with the Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four(24) hour institutions. Procedures and
definitions relative to reimbursement for meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 40 -COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the
control of the employee.
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b. Ordinary wear and tear of personal property used on the job is not
compensated.
C. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care
by the employee.
f. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employees' eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job connected
injury covered by Workers' Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be
limited to the actual value of the item at the time of loss or damage but not
more than the original cost.
i. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 41 -SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off; provided, however, that the type of award given shall be at the sole discretion
of the County.
The following procedures shall apply with respect to service awards:
a. Presentation Before the Board of Supervisors. An employee with twenty
(20) or more years of service may go before the Board of Supervisors to
receive his/her Service Award. When requested by a department, the
Human Resources Department will make arrangements for the
presentation ceremony before the Board of Supervisors and notify the
department as to the time and date of the Board meeting.
b. Service Award Day Off. Employees with fifteen (15) or more years of
service are entitled to take a day off with pay at each five (5) years
anniversary.
SECTION 42 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Board of Supervisor's Resolution No. 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30)work
days from the date of receipt, may be heard and decided by a mutually agreed upon
impartial third party.
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SECTION 43 -LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment(including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is re-employed in a permanent County position, or is re-employed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Human Resources Director shall determine these matters
based on the employee status records in his department.
SECTION 44- PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at the same rate as for
full time employees providing they work at least forty percent(40%) of full time (i.e.
16/40). If the employee works at least fifty percent(50%) of full time, County retirement
participation is also included.
SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
Each person appointed to a permanent-intermittent Registered Nurse position shall be
given an information sheet which lists the terms and conditions of employment and
employee benefits.
SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
46.1 A permanent-intermittent employee may participate in the County Group
Health Plans of medical, dental and life insurance coverage wholly at the employee's
expense. The County will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
46.2 Effective one hundred and twenty (120) days after all Coalition Employee
Organizations have signed their respective Letters of Understanding, the following
benefit program shall be offered to permanent-intermittent employees:
a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of
sixty-four percent(64%) of the cost of the premium for a single individual,
to those permanent-intermittent employees who meet and maintain
eligibility.
b. Eligibility. Initial eligibility shall be achieved when an employee has worked
three (3) continuous months of service at an average of fifty percent
-- (50%) time per month. In order to maintain eligibility, a permanent intermittent
employee must remain in paid status during each successive
month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of
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46.2b will pre-pay,the employee's portion of the premium cost so that the
effective date of enrollment begins effective the first of the month of
eligibility. Employees must continue to pre-pay their portion of the health
insurance premium in order to continue benefits. In addition, employees
who meet the eligibility requirements and who have been voluntarily
paying for a county group health program shall be allowed to enroll in
CCHP Plan A-2 without a waiting period.
d. Family Coverage. Employees may elect to purchase at their own expense,
family coverage, including domestic partner, and shall follow the
procedures outlined in c. above for payment for this optional coverage.
e. Implementation. There shall be a sixty (60) day Open Enrollment period
with the initial date of coverage effective August 1, 2000. Subsequent
Open Enrollment periods shall be for thirty (30) days and coincide with the
open enrollment period for County employees beginning in 2001.
Permanent-intermittent employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their
eligibility and shall have thirty (30) days to decide whether or not to elect
coverage under this program.
f. Employees who are temporarily ineligible may purchase, at their own cost,
the plan in accordance with the procedures set forth by the Contra Costa
County Health Plan.
Nothing in Section 46.2 shall prevent an employee from electing health coverage under
either Section 46.1 or Section 46.2
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave benefits.
A provisional employee may participate in the County Group Health Plans of medical,
dental and life insurance coverage wholly at the employee's expense. The County will
not contribute to the employee's monthly premium. The employee will be responsible
for paying the monthly premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate withdrawal from the County
Group Health Plan and reinstatement may only be effectuated during the annual open
enrollment period.
SECTION 48-LUNCH PERIOD/REST BREAK
Hospital Nurses scheduled to work a full shift eight(8) hours within a spread of eight
and one-half(8'/2) hours shall receive not less than one half(1/2) hour for lunch. If such
nurse is required to work during all or any portion of the lunch period, such time worked
shall be paid at the rate of time and one-half(1'/2), provided the nurse actually works a
full shift.
Nurses with one-half(1/2) hour lunch at the hospital shall receive priority service over
non-employees in the hospital cafeteria.
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There is no change in shift hours for nurses employed at Juvenile Hall or the Detention
Facility; those remaining on a straight eight(8) hour shift are always in a pay status and
on duty during lunch and are not permitted to leave the facility without the consent of
their supervisor.
Nurses are entitled to a ten (10) minute rest break during each four(4) hour working
period, and said rest break may be taken at any time during the four(4) hour period. In
no event shall there be more than two (2) rest breaks during one shift. Nurses shall
coordinate rest breaks with the Nursing Program Manager, or designee in accordance
with patient care needs.
SECTION 49 -FAMILY NURSE PRACTITIONERS
49.1 Administrative Time.
A. All Family Nurse Practitioners (FNPs) in the Hospital &Clinics Division will
be granted administrative time as part of the regular schedule.
Administrative time will be prorated for part-time FNPs as follows:
Total Position Hours/Week Average Admin Hours/Week
32-40 4
24-31 3
20-23 2
<20 0
Twenty percent(20%) of the administrative time per ten (10)week cycle
for each FNP will be"at risk"to fill in primarily for FNPs for scheduled
and/or unscheduled absences and/or for any absences for urgent care,
small clinics with two (2) or fewer providers, the detention facilities or other
clinics at the discretion of the appointing authority or designee. The"at
risk"time will be so designated on the schedule.
In the Public Health Division, FNP's will be granted administrative time on
a pro rata basis and will be expected to continue to cover for FNP
absences as needed.
B. The regular schedule for each FNP may include one four(4) hour evening
clinic per week and one weekend assignment every eight(8)weeks,
consisting of four(4) to eight(8) hours. FNPs with twenty (20) years of
service shall not be required to work weekend shifts, but may volunteer to
do so. However, in the event there are insufficient FNP staff to cover
weekend assignments, the provisions outlined above regarding one
weekend assignments in eight(8)weeks may be temporarily waived.
In lieu of overtime and shift differential, any hours worked in Hospital and
Clinic Division assignments in excess of eight(8) hours per day or forty
(40) hours per week will be paid at the straight-time overtime rate (1.05).
All evening and weekend assignments in the Hospital and Clinics Division
will be paid an additional ten dollars ($10) per hour.
FNPs assigned to work on a holiday will not be paid the ten dollars ($10)
per hour evening/weekend differential, but instead receive time and one half
holiday pay.
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49.2 Meetings. An FNP who attends a Medical Staff meeting before 8:00 AM
or after 5:00 PM on a day for which he/she is otherwise scheduled to
work, will be compensated at the appropriate rate of pay. The division
head for mid-level practitioners will be compensated for attending noon
meetings of the Medical Executive Committee. FNP's will be
compensated for attendance at other noon meetings only if attendance is
mandated by the appointing authority or designee.
49.3 Staff Development Time. Family Nurse Practitioners in the Hospital,
Health Centers Division and Detention Centers, who are regularly
scheduled to work sixteen (16) hours per week or more of Family Practice
Clinics and/or Detention Clinics shall be eligible for staff development
time. The nature of the staff development time shall be decided by the
appropriate Department Head and could include such responsibilities as
specialty clinic assignments, or activities which contribute to patients'
health, system efficiency or quality care. Employees will be notified in
writing of the decisions regarding their proposals. Employees may apply to
use such time by submitting their proposal describing the goals and
process of their work to the appointing authority of designee for approval.
Approval of the use of staff development time shall be a specific period of
time and may be discontinued at any time with a written explanation, at
the discretion of the appointing authority or designee. Employees involved
in such work shall be required to submit periodic reports as determined by
the appointing authority or designee.
Employees will accumulate four(4) hours per month of staff development time. Such
time can be used in blocks of four(4) hours per week not to exceed forty-eight(48) hours
per calendar year. Unused hours do not carry over into the next year. Those employees
who are scheduled to work less than full time may be assigned to these four(4) hours per
month over and above their regularly scheduled hours.
49.4 Paid Personal Leave
Effective July 1, 2006 in lieu of overtime and shift differential permanent full time Family Nurse
Practitioners with three (3) years of service in classes covered by this MOU, will be credited with
five(5) days of paid personal leave. Said leave will be pro-rated for permanent part-time
employees, but will not be credited for permanent-intermittent(on-call) employees.
This leave must be used during the calendar year in which credited and may not be
carried forward. This paid personal leave is separate from paid vacation and will be
accounted for accordingly. Upon separation from County service there shall.be no
pay off for unused personal leave credits.
SECTION 50 - HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis Skin
Test. In the event that an employee had a positive reaction to a tuberculosis skin test,
said employee will be requested to show proof of having had two (2) negative chest xrays
at least one (1) year apart.
Employees will also be requested to be screened for Rubella immunity. If the result of
the Rubella test is negative, the appointing authority or designee will recommend that
the employee become immunized. If the employee has direct patient contact and
refuses to become immunized, an attempt will be made to relocate the employee to a
non-patient care area if possible.
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SECTION 51 -FLOATING COMMITTEE
Upon request of either party to this Agreement, the Department and the Association
shall appoint an equal number of representatives who shall meet to discuss practices
and policies relating to Floating for Registered Nurses.
SECTION 52 - LEAVE DENIALS
Any properly submitted request for educational leave, vacation leave, or other leave of
absence covered by this MOU shall normally not be denied without written explanation.
SECTION 53—CODE GREY
A ten percent(10%) base salary differential shall be paid for those shifts on which
employees in classifications represented by CNA are specifically assigned by the
administration to respond to emergency Code Grey calls. A five percent(5%) base pay
salary differential shall be paid for those Emergency Department RNs who qualify for an
Emergency Department differential, said five percent(5%)to be in addition to the
Emergency Department differential.
Assignment to the Code Grey team is conditional on an employee(s) having
successfully completed required training. Assignment to the Code Grey team will first
be based on volunteers. If there is not an adequate number of volunteers, assignment
to the team will be made by management, with no more than one(1) RN per hospital
unit being assigned at any given time. It is further understood that the above-referenced
salary differential is based on an employee(s) actually being assigned to Code Grey
call.
SECTION 54-SPECIAL STUDIES
A. Grievance Procedure. Following completion of these negotiations
representatives of the County shall meet and confer with representatives
of the Labor Coalition in order to develop rules and guidelines governing
the conduct and administration of Adjustment Boards.
B. _Wellness Incentive Program.A broad-based pilot Wellness Incentive
Program will be developed with input from the joint Labor/Management
Wellness Committee. The purpose of this program will be to reward
County employees with incentives for participating in Wellness Program
activities and encourage them to live healthier lifestyles. The Wellness
Committee will work closely with the Human Resources Department on
program design and implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the current
Employee Wellness Program schedule and collaboration with health plan
carriers to develop special programs and activities for County employees
and to encourage participation in their established wellness activities.
Special emphasis will be placed on supporting major programs such as:
Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health
Screenings and Health Fairs.
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Format. A point value system for program participation will be developed
wherein each wellness activity and program will be assigned a point value.
Points will accumulate and incentive prizes will be awarded to employees
upon realizing certain point levels. The value of the prizes will increase
with higher point values and one (1) grand prize will be awarded each
year to the employee with the highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point
values. In addition, recognition for employee and department participation
will be an important aspect of the Wellness Incentive Program.
Referral. The parties agree to refer the contents of this proposal to the
Wellness Committee for its consideration.
C. Differentials. The County and the Labor Coalition agree to establish a
Labor/Management Committee comprised of five (5) labor and five (5)
Management employees to study and recommend actions necessary to
standardize payment and application of differentials including, but not
limited to, pro-ration for less than full-time employees; the length of
payment while on paid sick leave or disability and consistency between
percent-based vs. flat-payment differentials.
SECTION 55 -ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisions. It is understood
that where it is determined that an Ordinance is required to implement any of the
foregoing provisions, said provisions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance is adopted.
SECTION 56 -SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
56.1 Scope of Agreement. Except as otherwise specifically provided herein,.this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement.
56.2 Separabilitv of Provisions. Should any section, clause or provision of this MOU
be declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full force and
effect for the duration of this MOU.
56.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of
representation which are not in conflict with the provisions of this MOU and those
provisions of the Personnel Management Regulations which are not within the scope of
representation and as such remain in full force and effect.
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SECTION 57—SAFE STAFFING:
Contra Costa Regional Medical Center acknowledges and complies with state legislation Safe
Staffing (AB394). Contra Costa Regional Medical Center and California Nurses Association
agree to work cooperatively to ensure the highest quality of patient care and optimal outcomes.
Staff will be actively involved through the Professional Practice Committee, in development of
core staffing processes as well as skill mix for patient care areas. In addition, any concerns
regarding staffing issues will be addressed through the New Technology and Staffing Ratio
Dispute Resolution process
SECTION 58 -PATIENT CARE TECHNOLOGY REVIEW PROCEDURES
The Employer and the Union recognize that development and deployment of clinical technologies
should be used to improve quality outcomes, patient safety and that when used in the patient
care setting:
a. Technology must be consistent with the provision of safe, therapeutic and effective
patient care, which promotes patient safety.
b. Deployment of technology shall not limit the Registered Nurses in the performance of
functions that are part of the Nursing Process, including full exercise of clinical
judgment in assessment, evaluation, planning and implementation of care; nor from
acting as patient advocate.
C. Technology is intended to enhance, not degrade, nursing skills.
d. The manner in which technology is used shall support patient confidentiality.
e. Technology is intended to provide information and options for clinical decision-
making. Clinicians will maintain accountability for actual clinical decision-making,
including incorporating individualized patient needs, complications, co-morbidities, as
appropriate.
f. For technology selected after the date of this agreement, the Hospital will provide
opportunities for Staff Nurses to provide input regarding new technology affecting the
delivery of direct patient care.
This provision shall be subject to NEW TECHNOLOGY AND STAFFING RATIO DISPUTE
RESOLUTION. - -
This provision shall terminate automatically on January 31, 2008 unless specifically renewed in a
new successor MOU between the County and CNA.
SECTION 59 -CONSCIOUS SEDATION
As Conscious Sedation is a highly skilled, highly technical procedure, CCRMC is committed to
providing a safe environment for patients by requiring all nursing personnel who perform this
function to complete education and demonstrate competency. Nurses on temporary assignment
at CCRMC will be required to demonstrate a level of competency equivalent to CCRMC
employees before being assigned to perform conscious sedation.
SECTION 60 - NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESOLUTION
The County and CNA agree that the process contained herein shall be the exclusive means of
resolving all disputes pertaining to new technology that impacts wages, hours, and terms and
conditions of employment, and chronic staffing ratio patterns appealed by the Professional
75.
Practice Committee (PPC). The basic principles of staffing in the acute care setting should be
based on the patients' care needs, the severity of condition, services needed, and the complexity
surrounding those services. Disputes regarding the afore mentioned will be handled as follows:
1. Nursing Review Panel (NRP)
A Nursing Review Panel (NRP) shall be convened within thirty calendar days following
written notification from the Professional Practice Committee (PPC) that disputes
regarding chronic staffing ratio or principles of staffing as outlined. above—or new
technology that impacts wages, hours, and terms and conditions of employment, has not
been resolved through the Professional Practice Committee.
a. The NRP shall be comprised of a chair appointed or assumed by the Chief
Nursing Officer (CNO), two (2) RNs selected by the County, and two (2) RNs
selected by the PPC with at least one taken from the affected work area.
b. Bargaining unit members on the NRP shall receive paid straight time for all time
spent on the panel.
c. The Panel shall make staffing adjustment recommendations to the CNO, based
on compliance with state ratios. The CNO shall, within thirty days of receiving
the Panel's recommendations, provide her/his response to the PPC.
d. In the event the CNO's action does not resolve the matter, the PPC may appeal
the decision in writing to the CNO. Within thirty (30) calendar days of receiving
the appeal, the CNO shall convene a Special Review Panel in accordance with
the provisions of Section 2, below.
2. Special Review Panel (SRP)
a. The SRP shall consist of three members, one RN selected by CNA, one RN
selected by the CNO or her/his designee, and a third person selected by the
other two panel members to serve as a neutral chairperson. The parties will
make a good faith effort to select a chairperson who is experienced in the
healthcare industry and with expertise in staffing in acute care hospitals. If they
are unable to find such a person, they shall select an arbitrator by mutual
agreement, to serve as chairperson. Nothing shall preclude the CNA and County
panel members from bringing another individual to assist.
b. If the SRP is unable to achieve a resolution, the neutral third party may resolve
the difference and such decision shall be final and binding on the parties.
c. Any resolution of the SRP, including any decision by the neutral third party, must
take into consideration work area staffing ratio standards, and any other relevant
information presented by the parties, and must be consistent with state and
federal legislation prescribing levels and ratios. The SRP, including the neutral
third party, shall have no jurisdiction to fashion any remedy that imposes an
obligation on any hospital that exceeds, or is inconsistent with state or federal
regulatory requirements or legislation.
d. This provision shall terminate automatically on January 31, 2008 unless
specifically renewed in a new successor MOU between the County and CNA.
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61 Duration of Agreement. This Agreement shall continue in full force and effect
from October 1, 2005, to and including January 31, 2008, Said Agreement shall automatically
renew, except for sunset provisions contained within this MOU, from year to year thereafter
unless either party gives written notice to the other prior to sixty (60)days from the aforesaid
termination date of its intention to amend, modify, or terminate the Agreement.
Date-
FOR HE CADN �� FOR THE C N �