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HomeMy WebLinkAboutMINUTES - 03112008 - C.55 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- Director of Human Resources COSTA COUNTY �''---- DATE: March 11, 2008 a COU SUBJECT: . Memorandum of Understanding with the East Contra Costa County Fire Protection District for August 1, 2007 through November 30, 20.08 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION:. ADOPT the attached Resolution No. 2008/97, approving the Memorandum of Understanding between East Contra Costa County Fire Protection District (ECCCFPD) and IAFF, Local 1230 implementing negotiated wage agreements and other economic terms and conditions of employment beginning August 1, 2007 through November 30, 2008. FINACIAL IMPACT: Financial impact will be absorbed in the department's budget during the term of this contract. BACKGROUND: After 7 months of negotiations the County and the Union reached tentative agreement. The East Contra Costa County Fire Protection District (ECCFPD) ratified the Memorandum of Understanding on February 6, 2008. CONSEQUENCES OF NEGATIVE ACTION: The County will be operating without a contract. c CONTINUED ON ATTACHMENT: _LZ'rES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI OF BOARD COMMITTEE moo APPROVE OTHER r SIGNATURE(S): _,S0,, ACTION OF B�D O �� I APPROVED AS RECOMMENDED OTHER Y -- � Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT Unanimous I. ► COPY OF AN ACTION TAKEN AND ENTERED ON THE Absent II MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE IIN: SHOWN. Ong-Uept:-"human Resources Department- - - ATTESTED cc: County Administrator JOHN B.CULLEN,CLEF(K OF THE 90ARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller East Contra Costafire Protection District BY ©� /l/�-(�lam— DEPUTY M382(10/88) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 11, 2008 by the following vote: AYES: fl NOES: ABSENT--f: ABSTAIN: d�L� SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2008/97 Understanding with East Contra Costa ) Fire Protection District (ECCCFPD) ) BE IT RESOLVED that the Contra Costa County Board of Supervisors, in its capacity as governing Board of the County of Contra Costa, and all districts of which it is ex-officio . governing Board, ADOPT the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between East Contra Costa Fire Protection District (ECCCFPD), jointly signed by Lori Gentles, Assistant County Administrator-Director of.Human Resources and Ronnie Walker, President, Local 1230, implementing negotiated wage agreements and other economic terms and conditions of employment beginning August 1, 2007 through November 30, 2008, as recommended by the Director of Human Resources. I 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. �/�/t per/ Orig. Dept: Human Resources Department e/ U t II�A^-A— //. cc: County Administrator ATTESTED County Counsel JOHN B.CULLEN,CLE�K OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR East Contra Costa Fire Protection District BY P TY RESOLUTION NO. 2008/97 Addendum to C. 54, C.55, C.56 March 11, 2008 C.54 On this day the Board considered ADOPTING Resolution No. 2008/131 approving the Memorandum of Understanding between United Chief Officers Association and Contra Costa County Fire Protection District, implementing negotiated wage agreements and other economic terms and conditions of employment for the period July 1, 2006 through September 30, 2010, as recommended by the Human Resources Director; C.55 ADOPTING Resolution No. 2008/97 approving the Memorandum of Understanding between East Contra Costa Fire Protection District (ECCPFD) and IAFF, Local 1230 implementing negotiated wage agreements and other economic terms and conditions of employment for .the period August 1, 2007 through November 30, 2008, as recommended by the Human Resources Director; and C.56 ADOPTING Resolution No. 2008/132 approving the Memorandum of Understanding with the Contra Costa County Deputy District Attorney's Association (DDAA) implementing negotiated wage agreements and other economic terms and conditions of employment for the period March 17, 2007 through September 30, 2008, as recommended by the Human Resources Director. Chair Glover asked the public for their comments and the following person spoke; • Chris Hunt, Contra Costa Taxpayers Association, informed the Board she objects to the MOUS getting on the Consent Calendar. She noted the public should know the financial analysis and full compensation benefits. Supervisor Gioia suggested County Administrator prepare a summary for Consent Nos. 54, 55, and 56, for future so that provisions of the contract are easily understood. Supervisor Piepho noted a timeline reference would be important for all interested parties. She requested these be brought back to a future date on Short Discussion. By an unanimous vote, with Supervisor Uilkema absent, the Board took the following action: • APPROVED Consent Nos. C.54, 55, and 56 C.54, 55, and 56; and REQUESTED all MOUs be listed as short discussion items on an upcoming agenda in order to provide the public with a timeline and overview of the MOUs. MEMORANDUM OF UNDERSTANDING s BETWEEN CONTRA COSTA COUNTY AND IAFF LOCAL 1230 EAST CONTRA COSTA COUNTY FIREFIGHTERS August 1 , 2007 — November 30, 2008 IAFF LOCAL 1230, EAST CONTRA COSTA FIREFIGHTERS TABLE OF CONTENTS DEFINITIONS ......................... ................ ..............................2 SECTION 1 UNION RECOGNITION .....................................4 SECTION 2 UNION SECURITY 2.1 Dues Deduction:.................................................4 2.2 Agency Shop......................................................4 2.3 Union Dues Form...............................................8 2.4 Maintenance of Membership..............................9 _ 2.5 Withdrawal of Membership................................:9 2.6 Communicating with Employees..**'*'*....... 9 2.7 Use of District Buildings ............................ 0 2.8 Advance Notice................................................11 2.9 List of Employees with Dues Deduction...........12 2.10 Assignment of Classes to Bargain Units..........12 2.11 Written Statement for New Employees............13 2.12 Modification & Decertification...........................13 SECTION 3 NO DISCRIMINATION.....................................14 SECTION 4 OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings....................................15 4.2 Union Representative.......................................16 SECTION 5 SALARIES 5.1 Salary Rates.....................................................16 5.2 Payment...........................................................17 5.3 Pay Warrants..................... ..:..........................17 5.4 Pay Warrant Errors...........................................17 SECTION 6 OVERTIME 6.1 Overtime Recall List.........................................18 6.2 Call Back..........................................................18 SECTION 7 SICK LEAVE 7.1 • Sick Leave Credits ...........................................18 7.2 Permanent Disability Sick Leave......................19 7.3 Prearranged Medical Appointments.................20 7.4 Legal Adoption of a Child.................................20 7.5 Death of Family Member..................................20 SECTION 8 VACATION 8.1 Vacation Leave ................................................20 8.2 Vacation Leave on Reemployment from a Layoff List....................................:............:..................21 SECTION 9 HOLIDAYS 9.1 Holidays Observed...........................................21 9.2 Celebration of Holidays Falling on Sat/Sun......22 SECTION 10 LEAVE OF ABSENCE 10.1 Leave Without Pay...........................................22 10.2 General Administration- Leave of Absence....22 10.3 Military Leave...................................................24 10.4 Family Care Leave or Medical Leave...............24 10.5 Pregnancy Disability Leave..............................28 10.6 Leave of Absence Replacement and Reinstatement ................................................28 10.7 Reinstate from Family Care Medical Leave.....29 10.8 Unauthorized Absence.....................................29 " SECTION 11 HEALTH CARE 11.1 Health Plan.......................................................29 11.2 Contra Costa Health Plan (CCHP)...................30 11.3 Health Plan Contribution ..................................30 11.4 Dental Program................................................31 11.5 Dental Contribution...........................................31 11.6 Rate Information...............................................32 11.7 Premium Payments..........................................32 11.8 Extended Coverage..........................................33 11.9 Retirement Coverage.......................................33 11.10 Dual Coverage. ................................................33 11.11 PERS Long Term Care ......................'.............34 11.12 Health Care Spending Account........................34 SECTION 12 PROBATIONARY PERIOD 12.1 Duration........................... 12.2 Classes with Changed Probationary Periods...35 12.3 Probation Period Time......................................35 12.4 Rejection During Probation ..............................35 12.5 New Employees................................................36 12.6 Layoff During Probation....................................37 12.7 Rejection during Probation of Layoff Employee..........................................................37 SECTION 13 LAYOFF AND SENIORITY 13.1 Grounds for Layoff............................................37 13.2 Notice ...........:...................................................38 13.3 Order of Layoff ................................................38 13.4 Rules on Displacing..............:...........................38 115 Layoff Lists.......................................................38 13.6 Removal from Layoff List.........:........................38 13.7 Seniority.............................................................38 13.8 Seniority on Return from Layoff........................39. SECTION 14 RESIGNATIONS 14.1 Resignation in Good Standing..........................39 14.2 Constructive Resignation .................................39 14.3 Effective Resignation........................................40 14.4 Revocation................................................:.......40 SECTION 15 DISMISSAL. SUSPENSION. DEMOTION AND REDUCTION IN SALARY 15.1 Sufficient Cause for Action...............................40 15.2 Skelly Requirements ........................................42 15.3 Employee Response......................................:.43 15.4 Leave Pending Employee Response...............43 15.5 Procedure on Disciplinary Action .....................44 SECTION 16 GRIEVANCE PROCEDURE 16.1 Definition and Procedural Steps.......................44 16.2 Scope of Adjustment Board and Arbitration Decisions..........................................................48 16.3 Time Limits..............................:........................49 16.4 Formal Presentation.........................................49 16.5 Compensation Complaints...............................49 16.6 CAD's Office or Board of Supervisors..............50 16.7 Letters of Reprimand........................................50 SECTION 17 UNIFORM ALLOWANCE.................................50 SECTION 18 TRAINING REIMBURSEMENT........................50 SECTION 19 RETIREMENT COVERAGE.............................51 SECTION 20 MINIMUM STAFFING ......................................51 SECTION 21 SHIFT/STATION BIDDING ..............................52 SECTION 22 NO STRIKE......................................................52 SECTION 23 UNFAIR LABOR PRACTICE.............................52 SECTION 24 ADOPTION.......................................................53 SECTION 25 SCOPE OF AGREEMENT& SEPARABILITY OF PROVISIONS 25.1 Scope of Agreement.........................................53 25.2 Separability of Provisions.................................54 25.3 Duration of Agreement.....................................54 MEMORANDUM OF UNDERSTANDING BETWEEN EAST CONTRA COSTA FIRE PROTECTION DISTRICT AND IAFF, LOCAL 1230 This Memorandum of Understanding (hereinafter 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 the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the East Contra Costa Fire Protection District as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the East Contra Costa Firefighters Unit and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations covering such employees. All Administrative Bulletins that are met and conferred on and mutually agreed to are incorporated by reference to this MOU and are made a part hereof as if fully set forth within. When a specific provision contained in a section of this MOU conflicts with a specific directive of the Fire District, the provision of this MOU shall prevail. This MOU shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the East Contra Costa Fire Protection District as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period beginning August 1; 2007 and ending November 30, 2008. In the event provisions of this MOU contradict any resolution, administrative bulletin or personnel rules of the County or District, the terms of this MOU shall prevail. DEFINITIONS ADDointina Authority: Fire Chief unless otherwise provided by statute or ordinance or other action by the Board of Supervisors. 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. SECTION 1 - UNION RECOGNITION 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. District: East Contra Costa Fire Protection District. 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. 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 list for a given class. 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 the employee's return. Emplovment List: A list of persons who have been found qualified for employment in a specific class. Lavoff List: A list of persons who have occupied positions allocated to a class in the District and who has been involuntarily separated by layoff or displacement or who have voluntarily demoted in lieu of layoff. 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. Position: The assigned duties and responsibilities calling for the regular full-time . employment of a person. Resignation: The voluntary termination of permanent employment with the'District. Union: International Association-of Fire Fighters, Local 1230, AFL-CIO (hereinafter The Union). SECTION 1 -UNION RECOGNITION The Union is the formally recognized employee organization for the East Contra Costa Firefighters Unit. IAFF,LOCAL 1230(ECCCFPD) 2 2007-2008 MOU SECTION 2- UNION SECURITY SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution 81/1165 Chapter 34-26, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all employees in its units. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Union unless such authorization is canceled in writing by the employee in accordance with the provisions set forth in Section 2.4. The dues deduction shall be for a specified amount and uniform between members of the Union. The Union shall indemnify, defend and hold the District harmless against any claims made.and against any suit instituted against the District on account of dues deduction. The Union shall refund to the District any amounts paid to it in error upon the presentation of supporting evidence. 2.2 Aaencv Shop A. The Union agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether or not they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either. 1. Become and remain a member of the Union or; 2. Pay to the Union, 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 Union 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 anon-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child .Abuse Prevention Council or Battered Women's Alternative. IAFF,LOCAL 1230(ECCCFPD) 3 2007-2006 MOU SECTION 2 - UNION SECURITY C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one 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 Union's Hudson Procedure within one 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 2.2.13.2 shall not apply during periods that an 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 Union shall provide the Human Resources Director with copies of the .financial report which the Union files annually with the California Public Employee Relations Board. Such report shall be available to employees.in the unit. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty(120)days. F. Compliance. 1. An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for Payroll Deduction card by the District. 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 union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, the Union 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 Union. G. The Union and the International Association of Fire Fighters shall indemnify, defend, and save the County and/or the District 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 union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's and/or the District's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. IAFF,LOCAL 1230(ECCCFPD) 4 2007-2008 MOU SECTION 2- UNION SECURITY H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.4 and 2.5 shall apply to dues-paying members of the Union. 2.3 Union Dues Form. Employees hired in classifications assigned to the unit represented by the Union shall, as a condition of employment at the time of employment, complete a union dues authorization card, provided by the Union, and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty (30) day period. If the employee decides not to become a member of the Union, any union dues previously deducted from .the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay the dues of the Union. Each,such dues authorization form referenced above shall include a statement that the Union and the District have entered into a MOU, that the employee is required to authorize payroll deductions of union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of the employee's .right to revoke said authorization. 2.4 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall, as a condition of continued employment, pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between June 1 to June 30 of any year, any employee may withdraw from Union membership.and discontinue paying dues as of the payroll period commencing June 1st, and reflected in the July 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period, the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicatina with Emplovees. The Union shall be allowed to use designated portions of bulletin boards or display areas in District buildings or in.offices in which there are employees represented by the Union, provided the communications displayed IAFF,LOCAL 1230(ECCCFPD) 5 2007-2006 MOU SECTION 2 - UNION SECURITY have to do with official organization business such as times and places of meetings and further provided that the Union appropriately posts and removes the information. The Fire Chief reserves the right to remove objectionable materials. Representatives of the Union, not on District time, shall be permitted to place a supply of employee literature at specific locations in District buildings if arranged through the Labor Relations Manager; said representatives may distribute employee organization literature in areas designated by the Fire Chief 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 Union 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 a union 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 Fire Chief or designee and the visit will not interfere with the District's services. 2.7 Use of District Buildinas. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of District employees during non-work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the District; C. it does not interfere with normal District 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 Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of District equipment (other than items normally used in the conduct of business meetings such as desks, chairs, and blackboards) is prohibited, even though it may be present in the meeting IAFF,LOCAL 1230(ECCCFPD) 6 2007-2008 MOU SECTION 2- UNION SECURITY area. 2.8 Advance Notice. The Union 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. 2.9 List of Emplovees with Dues Deduction. The District shall provide the Union with a monthly list of employees who are paying dues to the Union and a monthly list of ' employees who are paying health and welfare deductions to the Union. 2.10 Assignment of Classes to Bargaining Units. The Labor Relations Manager 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 the determination. b. Final Determination: The Labor Relations Manager's determination is final unless within ten (10) days after notification a recognized employee orga- nization requests in writing to meet and confer thereon. C. Meet and Confer and other Steos: The Labor Relations Manager 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-day period in subsection (b), 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 Resolution 81/1165. 2.11 Written Statement for New Emnlovees. The District will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and IAFF,LOCAL 1230(ECCCFPD) 7 2007-2008 MOU SECTION 3- NO DISCRIMINATION approved by the County. 2.12 Modification & Decertification. For the duration of this MOU, the following shall apply: Resolution 81/1165 Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete the ten percent (10%) requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty percent(30%) requirement. Resolution 81/1165 Section 34-12.012 - Election Procedure (b) shall be modified in the first paragraph to delete the ten percent (10%) requirement for any recognized employee organization(s) to appear on the ballot and substitute therefore a thirty percent(30%) requirement. Resolution 81/1165 Section 34-12.016 Modification of Representation Units shall be modified in the first sentence by adding words to the effect of"most recent' to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing MOU between the District and the recognized employee organization of the unit prior to the modification proceedings. Resolution 81/1165 Section 34-12.018 Decertification Procedure shall be modified in the first sentence by adding words to the.effect of "most recent' to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. SECTION 3- NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Union activities against any employee or applicant for employment by the District or by anyone employed by the District; 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 a position or from carrying out the duties of the position' safely. SECTION 4-OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetincis. Employees designated as official representatives of the Union shall be allowed to attend meetings held by County/District agencies during regular working hours on District time as follows: IAFF,LOCAL 1230(ECCCFPD) 8 2007-2008 MOU SECTION 5 - SALARIES a. if their attendance is required by the District or County at a specific meeting; b. if their attendance is sought by a hearing body for 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 15, Grievance Procedure, of this MOU; d. if they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e. if they are designated as spokesperson or representative of the Union 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 Fire Chief; f. if their attendance does not conflict with Fire District emergency operations. The District will not pay for Association or Union meetings or functions. 4.2 Union Representative. Official representatives of the Union shall be allowed a reasonable amount of time off without loss of compensation or other benefits 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, and that advance arrangements for the time away from the work station or assignment are made with the Fire Chief and their attendance does not conflict with Fire District emergency operations. SECTION 5-SALARIES 5.1 Salary Rates. Effective August 1, 2007; the base monthly salary for the following classifications shall be.increased: Firefighter 4.0% Engineer 4.0% Fire Captain 4.0% Retroactive Pay Calculation - In lieu of a retroactive pay increase, the County will make a "lump sum payment" to each eligible employee, not including those who have retired or terminated, without back interest, for the period of August 1, 2007 through February 29, 2008, and computed as follows: IAFF,LOCAL 1230(ECCCFPD) 9 2007-2008 MOU SECTION 6- OVERTIME The employee's regular pay and hourly-based earnings, including overtime pay and other earnings computed as a percentage of base pay, will be added together for each applicable pay period to determine an appropriate pay base. This pay base then will be multiplied by four percent (4%) The product of that calculation will be added to the employee's April 10. 2008 paycheck where it will be listed separately as "Lump Sum Pay". The "lump sum pay" amount will then be included in the calculation of the employee's required deductions such as taxes and retirement. In accordance with requirements of the County payroll system, timekeeping for permanent employees' time worked and time off will be accounted for in minimum one- tenth (1/10) hour(6 minute) increments. 5.2 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 to'the employee for the preceding month; provided, however, that each.employee 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 a warrant upon the Treasury in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less at the option of the employee, 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. 5.3 Pav Warrants. Employee pay warrants shall be delivered to a work place designated by the District by 12:00 p.m. on the tenth (10th) day and twenty-fifth (25th) day of each month. Should the tenth (10th) day or twenty-fifth (25th) day of the month fall on Saturday, Sunday, or a holiday, pay warrants will be delivered by 12:00 p.m. on the preceding County workday. 5.4 Pav 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 Department, it is the policy of the Auditor- Controller's Department 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. SECTION 6 -OVERTIME Overtime is authorized time worked outside the regular work schedule. Overtime shall be compensated for at the rate of one and one-half(1-1/2) times the employee's hourly rate of pay. Overtime for permanent employees is earned and credited in minimum one- IAFF,LOCAL 1230(ECCCFPD) 10 2007-2006 MOU SECTION 7- SICK LEAVE. tenth (1/10) hour increments. 6.1 Overtime Recall List. Provisions of the Fire District Administrative Bulletin shall apply. 6.2 Call Back. Employees called back for work performed outside their regular work schedule shall be compensated at the appropriate straight time or overtime rate of pay for time actually worked with a minimum of two (2) hours pay. This minimum does not apply when an employee is called back and reports to work less than two (2) hours before the beginning of the employee's regular shift. SECTION 7 -SICK LEAVE 7.1 Sick Leave Credits - Sick leave credits shall accrue at the rate of twelve (12)working hours credit for each completed month of service. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit completed on the basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth (1/10) hour increments. Unused sick leave credits accumulate from year to year. 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 District and may be used only as authorized and in accordance with the Sick Leave section of the District Administrative Bulletin. Employees who work a forty (40) hour week shall accrue sick leave at the rate of eight (8) hours per month. 7.2 Permanent Disabilitv Sick Leave - Permanent disability means an employee suffers from a disabling physical injury or illness and is thereby,prevented from engaging in any District 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: a. an application for retirement for disability has been filed with the Retirement Board; b. 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; C. the appointing authority may review medical evidence and order further examinations 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 when the above conditions have not been met. IAFF,LOCAL 1230(ECCCFPD) 11 2007-2008 MOU SECTION 8= VACATION 7.3 Prearranned Medical Appointments - Employees who wish to use sick leave for prearranged doctor or dentist appointments shall notify their appropriate supervisor of the appointment as soon as possible but no later than forty-eight (48) hours prior to the beginning of the shift during which.the appointment is scheduled. 7.4 Leaal Adoption of a Child - Paid sick leave credits may be used by an employee upon adoption of a child up to a maximum of six(6)weeks. 7.5 Death of Familv 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 (shifts), plus up to two (2) days of work time for necessary travel. Use of additional accruals other than sick leave may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. SECTION 8 -VACATION 8.1 Vacation Leave. Employees will accrue vacation credits based upon straight time hours of working time per calendar month. The accrual rate shall be pursuant to Section 9.1(a) of the Salary Regulations. The District will increase vacation accruals for 56 hour work week employees by the following amounts: Length of Service Completed Monthly Maximum (Hours) Accrual Cumulative I Under 15 yrs of completed service I 14 hours I 336 hours Beg.with 16-20 yrs of completed service I 19 hours I 456 hours Beg.with 21-25 yrs of completed service I 24 hours I 576 hours Beg.with 26-30 yrs of completed service I 28 hours I 672 hours Beg.With 31 yrs of service I 33 hours I 792 hours Vacation credits may be taken in one-half (1/2) hour increments but none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation credits may be used only after completion of six (6) months service in a permanent position, but may be used to supplement exhausted sick leave in cases of absence during the first six(6) months. 8.2 Vacation Leave on Reemolovment from a Lavoff List. Employees with six (6) months or more service in a permanent position prior to their layoff and 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. All provisions of the District Administrative Bulletin on Vacation shall apply. IAFF,LOCAL 1230(ECCCFPD) 12 2007-2008 MOU SECTION 9 - HOLIDAYS SECTION 9 -HOLIDAYS 9.1. Holidays Observed -The District will observe the following holidays: A. January 1s', known as New Year's Day Third Monday in January known as M.L.K. Day Third Monday in February known as President's Day The last Monday in May, known as Memorial Day . July 4th, known as Independence Day First Monday in September, known as Labor Day Second Monday in October, known as Columbus Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving December 25th, known as Christmas Day B. Shift employees (56 hours per week) shall receive.twelve (12) hours of overtime credit for each holiday listed in Section (A) above. 9.2. Celebration of Holidays Falling on Sat/Sun - If any holiday listed in Section 9.1 (A) falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 9.1 (A) falls on a Sunday, it shall be celebrated on the following Monday. SECTION 10- LEAVE OF ABSENCE 10.1 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. 10.2 General Administration - Leave of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the District and shall state specifically the reason for the request, the date when it is desired to begin, the leave, and probable date of return. Leave without pay may be granted for any of the following reasons: a. illness, disability, or serious health condition; b pregnancy or pregnancy disability; C. family care; d. to take a course of study such as will increase the employee's usefulness on return to the position; e. for other reasons or circumstances acceptable to the appointing authority. IAFF,LOCAL 1230(ECCCFPD) 13 2007-2008 MOU SECTION 10- LEAVE OF ABSENCE 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. A leave without pay must be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The 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. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to twelve (12) weeks in each calendar year period in accord with Section 10.4 below. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall 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 Fire Chief. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the Fire Chief granting or denying leave or early return from leave shall be final and not subject to appeal through the grievance procedure set forth in this MOU. 10.3 Military Leave. Any employee in the Fire District and who is required 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. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her 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 benefits, 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 District 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. 10.4 Familv Care Leave or Medical Leave. Upon request to the appointing . authority, any employee who has permanent status shall be entitled to at least twelve (12) weeks with eligibility calculated on a 12 month rolling calendar period. (less if so requested by the employee) leave for: IAFF,LOCAL 1230(ECCCFPD) 14 2007-2008 MOU SECTION 70 - LEAVE OF ABSENCE 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 serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 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 Fire Chief. The twelve (12) 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 twelve (1 2) 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 10.6 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the twelve (.121 week entitlement. In the situation where husband and wife are both employed by the District, the family care or medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of twelve (12) weeks during each twelve (12) month rolling calendar period. Employees requesting family care leave are required to advise their appointing authority when their spouse is also employed by the District. 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 stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. .c. Souse: 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 IAFF,LOCAL 1230(ECCCFPD) 15 2007-2008 MOU SECTION 10- LEAVE OF ABSENCE 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 Familv 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; 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 a period of treatment or supervision; or 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; or 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 Position: 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. IAFF,LOCAL 123D(ECCCFPD) 16 2007-2008 MOU SECTION 11 — HEALTH CARE 10.5 Preanancv Disabilitv Leave. Insofar as leave is taken for pregnancy disability as required under State or. Federal laws that leave period will not be . considered a part of the twelve (12)week family care leave period. 10.6 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee at the same time the employee was granted a leave of absence, shall be reinstated to a position in that classification. 10.7 Reinstatement from Familv Care Medical Leave. In the case of a family care or medical leave, an employee on a.full time 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. 10.8 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. SECTION 11 —HEALTH CARE 11.1 Health Plan. The District will provide group health benefits through the California Public Employees' Retirement System (CaIPERS) for all permanent full-time employees, in classes represented by the Union. Open enrollment will be held annually. Thereafter, the CaIPERS program, as regulated by the Public Employees' Medical and Hospital Care Act (PEMHCA), will control on all issues, including but not limited to eligibility, benefit levels and cost. The Union acknowledges that CaIPERS Health Plan program benefits may not be equal to benefits previously available to their represented employees, and Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts through the various optional health programs previously offered by the District. The Union acknowledges that notwithstanding this Memorandum of Understanding (MOU); and during the time that it is in effect, CaIPERS may terminate.or change covered expenses, benefit payments, co-payments on covered benefits, deductibles, lifetime and/or annual maximum limits and eligibility rules and may implement cost control measures as they deem appropriate. The Union waives the right to any group health plan benefits granted expressly or by. implication under any other provisions of this MOU, or by any other agreement between the parties or by any County or District regulation, policy, practice or contract if that benefit is not offered through the CaIPERS Health Plan program. IAFF,LOCAL 1230(ECCCFPD) 17 2007-2008 MOU SECTION'l1 — HEALTH CARE 11.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, Union members and COBRA counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. 11.3 Health Plan Contribution. The District's contribution to the CalPERS monthly health plan premiums for coverage hereunder shall be as provided below. Any Health Plan premium charges greater than the District's contributions identified below occurring during the time this MOU is in effect shall be borne by the employee. A. District's Contribution: The District will contribute up to the following maximum monthly amounts equivalent of eighty-seven percent(87%) of the CalPERS Kaiser premium at each level (employee only, employee + one, employee +two or more) toward the covered employee's CalPERS or CalPERS Alternate Plan (CCHP) premium. In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, the District's contribution will not exceed one hundred percent (100%) of the applicable plan premium. 11.4 Dental Prouram. The District will offer the existing County group Dental Plans (Delta and PMI Delta Care) to all permanent employees in classes in the East Contra Costa Firefighters Unit represented by the Union. 11.5 Dental Contribution. The District's contribution to the monthly dental plan premiums shall be as provided below. These contributions are provided only for permanent full-time employees. Any increases in dental plan costs greater than the District's contributions identified below occurring during the term of this MOU shall be borne by the employee. 1. Delta and PMI Delta Care: -District will contribute seventy-eight percent (78%)toward the monthly dental premium. 2. Dental Only: Employees who elect dental coverage as stated above without health coverage will pay one cent ($.01) per month for such coverage. 11.6 Rate Information. The County Benefits Service Unit will make CalPERS health plan rate information available to employees and the District upon request. The County Benefits Service Unit will make dental plan rate information available to employees and the District upon request. In.addition, the County Benefits Service Unit will publish and distribute to employees and the District information about rate changes as they occur during the year. 11.7 Premium Pavments. Employee participation in any health plan is contingent upon the employee authorizing payroll deduction by the County of the IAFF,LOCAL 1230(ECCCFPD) 18 2007-2008 MOU SECTION 11 — HEALTH CARE employee's share of the premium cost. The District's contribution to health plan monthly premiums are payable as follows: A.. CaIPERS.PLAN (Includes Alternate CCHP Plan) The District's contribution to the health plan premium is payable one (1) month in advance. If an employee's compensation in any month is not sufficient 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 solely with the employee. B. DENTAL PLAN The District's contribution to the dental premium is payable monthly. If an employee's compensation in any month is not sufficient 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 solely with the employee. 11.8 Extended Coverage. An employee on approved leave without pay shall be allowed to continue his/her health insurance coverage provided that the employee shall pay their share of the monthly premium.during said leave. An employee not eligible for continued coverage may convert to individual health plan coverage (if available) or continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at the time and place specified by CalPERS for health plans. An employee who terminates District employment is covered through the first day of the month following termination for CalPERS plans. Employees who terminate District employment may continue Group Health plan coverage to the extent provided under the COBRA regulations. 11,9 Retirement Coverage. Eligibility for health coverage as a retiree or retiree's survivor is established by the Board of Supervisors. Employees enrolled in the CalPERS alternative plan (CCHP) at the time of retirement are permanently precluded from enrolling in either a CalPERS or District health plan in the future. 11.10 Dual Coverage. A. CaIPERS Health Plan. Employees must adhere to the rules as established by CalPERS. B. Dental Plans. (1) In the event either of a husband or wife, who both work for the County, becomes ineligible for coverage, the remaining eligible member shall be allowed to (a) enroll in a dental plan, if not currently IAFF,LOCAL 1230(ECCCFPO) 19 2007-2008 MOU SECTION 12- PROBATIONARY PERIOD enrolled, or (b) add the spouse and or dependent(s) to their existing plan coverage provided they do so within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. (2) In the event a spouse who does not work for the County becomes ineligible for coverage,-the County employee shall be allowed to enroll in a dental plan, if not currently enrolled, or add the spouse and or dependent(s) to their existing plan coverage provided they do so within thirty (30) days of the date coverage is no longer afforded under the spouse's plan and evidence of the termination of coverage is provided by the spouse's employer. 11.11 PERS Lona Term Care. The District will deduct and remit monthly premium and eligible lists to the CalPERS Long Term Care Administrator, at no employee cost, for District employees who are eligible and voluntarily elect to purchase long term care through the CalPERS Long Term Care Program. The District further agrees that District employees interested in purchasing CalPERS Long Term.Care may participate in meetings scheduled by CalPERS Long Term Care on District facilities during non-work hours. (i.e: coffee breaks, lunch hour). 11.12 Health Care Sraendina Account. Effective January 1, 2001, the County will offer regular full-time and part-time (20/40 or greater)District employees the option to participate in a Health Care Spending Account (HCSA) Program designated 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 $3000 per year, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Effective January 1,2007.• this-amount shall-be increased_,_- (Formatted:Font:(Default)Arial,12 to,X4500 per year. Effective January 1. 2008, this amount shall be increased to $5000 pt Formatted:Font:(Default)Anal,12 per year.. Any unused balance can not be recovered by the_ e.employe ................------; pt,No underline Formatted:Font:(Default)Arial,12 SECTION 12-PROBATIONARY PERIOD pt Deleted: Formatted:Font:(Default)Arial,12 12.1 Duration. All appointments from officially promulgated employment lists pt,No underline for original entrance shall be subject to an eighteen (18) month probationary period. All ii Formatted:Font:(Default)Arial,12 appointments from officially promulgated employment lists for promotion shall be ,l pt subject.to a one (1)year probationary period. (Formatted:Font:(Default)Arial,12 M No underline 12.2 Classes with Chanaed Probationary Periods. When the probationary 1 Formatted:Font: 12 pt,No ( period for a class is changed, only new appointees to positions in the classification shall underline be subject to the revised probationary period. 12.3 Probation Period Time. The probationary period shall date from the time of appointment to a full-time position. 12.4 Reiection Durina Probation. An employee may be rejected during the probation period. IAFF,LOCAL 1230(ECCCFPD) 20 2007-2008 MOU a. ADDeal from Reiection:. 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, religious or Union activities, 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 the grounds and the facts by which it is claimed that grounds for appeal exist, and must be filed through the District Personnel Chief of the District by 5:00 p.m. on the seventh (7t') calendar day after the date of delivery to the employee of notice of rejection. C. The District Personnel Chief shall consider the appeal. He may refer the matter to the Fire Chief for hearing, recommend findings of fact, conclusions of law and decision. The rejected probationer has the burden of proof. d. If the Fire Chief finds no probable cause for a hearing, he shall deny the appeal. If, after hearing, the Fire Chief upholds the appeal, the appellant shall complete only the remainder of the probation period unless the Fire Chief specifically orders that the appellant begin a new probation period. 12.5 New Emplovees. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period. Upon successful completion of probation, the employee's supervisor will send the District Personnel Chief a letter -stating that the individual has performed satisfactorily and 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 service within a reasonable time after the probation period for failure to pass probation. 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 the appointing authority's intention to do so, the regular appointment shall begin on the day following the end of the probationary period. 12.6Lavoff Durina Probation. An employee who is laid off during probation, if re-employed in the same class by the District, shall be required to complete only the balance of the required probation. 12.7 Reiection Durina Probation of Lavoff EmDlovee. 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. SECTION 13- LAYOFF AND SENIORITY IAFF,LOCAL 1230(ECCCFPD) 21 2007-2008 MOU SECTION 14 - RESIGNATIONS 13.1 Grounds for Lavoff. Any District employee(s) serving in a permanent position(s) 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). 13.2 Notice. The District will give employees scheduled for layoff at least fourteen (14)calendar days notice prior to their last day of employment. 13.3 Order of Lavoff. The order of layoff in the District shall be based on inverse seniority in the class. 13.4 Rules on Disolacina. A laid-off or displaced employee shall displace an employee in the next lower classification in the job series provided the employee meets the minimum qualifications for the classification. 13.5 Lavoff Lists. Layoff Lists are in effect for one (1) year from the date of layoff and contain the name(s) of person(s) laid-off, displaced or voluntarily demoted in lieu of layoff. The Layoff List for a specific class shall be the first list from which referrals are made. There will be no referrals from other employment lists until the Layoff List for . the class is.exhausted or the remaining eligibles are not interested in the position. 13.6 Removal from Lavoff List. An eligible may be removed from a Layoff List for. 1) failure to respond to a written or telephone notice of referral within five(5) calendar days; 2) failure to keep the Fire Chief advised of a correct mailing address or telephone number; and 3) declining an offer of employment in the same job classification from which they were laid off. 13.7 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 level in the job series. Service for layoff-and displacement purposes includes only the employee's last continuous permanent District employment. 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 District employment. Any remaining ties shall be broken by random selection among the employees involved. For employees hired on April 1, 1995, seniority for layoff and displacement purposes is .shown in Attachment A. Upon promotion; demotion or transfer, employees' class seniority date shall be the effective date of the promotion, demotion or transfer. 13.8 Seniority on Return From Lavoff. A District employee returning from layoff shall have their seniority dates adjusted by the period of layoff separation. SECTION 14-RESIGNATIONS An employee's voluntary termination of service is a resignation. Written or oral resignations shall be forwarded to the District Personnel Chief by the employee immediately and shall indicate the effective date of termination. IAFF,LOCAL 1230(ECCCFPD) 22 2007-2008 MOU SECTION 15 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 14.1 Resignation in Good Standing. A resignation giving the District written notice at least four (4) 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 termination on shorter notice) is resignation in good standing. 14.2 Constructive Resignation. A constructive resignation occurs and is. effective when: a. An employee has been absent from duty without leave for ten (10) consecutive working days; 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. 14.3 Effective Resignation. A resignation is effective when delivered or spoken to the District, operative either on the date or another date specified. 14.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the District. SECTION 15 - DISMISSAL. SUSPENSION. DEMOTION AND REDUCTION IN SALARY 15.1 Sufficient Cause for Action. The District may reduce in salary, 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, demotion, or reduction in salary 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 District into disrepute. d. Disorderly or immoral conduct while on duty or representing the District. e. Incompetence or inefficiency. f. Insubordination. g. Being at work while under the influence of liquor or illegal drugs, carrying onto the premises liquor or illegal drugs or consuming or using liquor or drugs during work hours and/or on District premises. (The District may require medical testing to determine cause.) , IAFF,LOCAL 1230(ECCCFPD) 23 2007-2008 MOU SECTION 95- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION /N SALARY h. Neglect of duty (i.e.; non-performance of reasonably assigned responsibilities). 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 Fire Chief. k.. Willful violation of any of the provisions of the District's administrative Bulletins. I. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. m.. Misappropriation of District funds or property. n. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by the Administrative Bulletins. o. Dishonesty or theft. P. Excessive or inexcusable absenteeism and/or tardiness. q. Sexual harassment including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, interfering with an individual's work performance, or creating an intimidating, hostile or an offensive working environment. Reduction in salary shall not exceed five percent(5%) of the employee's base salary for a period of more than.sixty (60) consecutive calendar days. 15.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (forty- eight (48) hours for employees on a fifty-six (56) hour work week), temporarily reduce the pay of or demote an employee, the District 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. IAFF,LOCAL 1230(ECCCFPD) 24 2007-2008 MOU SECTION 16- GRIEVANCE PROCEDURE C. If it is claimed that the employee has violated a rule or regulation of the County 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 District either orally or in writing. 15.3 Emplovee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond. Upon request of the employee and for good cause, the Fire Chief, or designee, 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. 15.4 Leave Pendina EmDlovee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the District, for cause specified in writing, may place the employee on temporary leave of absence with pay. 15.5 Procedure on Dismissal. Suspension or Disciplinary Demotion. a. In any disciplinary action to dismiss, suspend or demote an employee in a position with the District, . after having complied with the Skelly requirements where applicable, the District 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 Director of Human Resources, 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. Emplovee ADDeals from Order. The employee may appeal an order of dismissal, suspension or demotion to the Fire Chief or through the procedures in Section 15, Grievance Procedure, of this MOU provided that such appeal is filed in writing with the District Personnel Chief within ten (10) calendar days after service of said order. An employee may not both appeal to the.Fire Chief and file a grievance. SECTION 16-GRIEVANCE PROCEDURE 16.1 Definition and Procedural SteDs. 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/District official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure) or disciplinary actions. .The IAFF,LOCAL 1230(ECCCFPD) 25 2007-2008 MOu SECTION 16- GRIEVANCE PROCEDURE Union may represent the employee at any stage of the process. Grievances must be . filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: a. Step 1. Any employee or group of employees who believes a provision of this MOU has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint on an informal basis with the employee's appropriate Chief Officer who shall meet with the employee and respond to the grievance within five (5) duty shifts, or ten (10) workdays when a grievance is filed by employees assigned to a forty (40) hour work week, of a request to hold such a meeting. b. Step 2. If a grievance is not'satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) calendar days to such management official, other than the Chief Officer who participated in Step 1 above, as the Fire Chief may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how the misinterpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The designated management official shall have ten (10) workdays in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in .Step 2 above, the employee may appeal in writing within five (5) workdays to the Director of _Human Resources. The Director of Human Resources or designee shall have fifteen (15) workdays in which to investigate the merit of the complaint, meet with the Fire Chief or designee and the employee to attempt to settle the grievance, and respond in writing to the employee and the employee's Union representative. d. Step 4. No grievance may be processed under this Section which has not first been fled and investigated in accordance with Step 3, above and filed within five (5) calendar days of the written response of the Director of Human Resources 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 within five (5) calendar days to the Director of Human Resources requesting that the grievance be submitted to an Adjustment Board. Such Adjustment Board is to be comprised of two (2) union representatives, no more than one (1) of whom shall be either an employee of the.District or a member of the Union presenting this grievance, and two (2) representatives of the District, no more than one (1) of whom shall be an employee of the District or a County employee or a member of the staff of an organization employed to represent the District in the meeting and conferring process. The Adjustment Board shall meet and render a decision within fifteen (15) calendar days of receipt of a written request. IAFF,LOCAL 1230(ECCCFPD) 26 2007-2008 MOU SECTION 16 - GRIEVANCE PROCEDURE e. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County/District, when alleging a violation of Section 19 of the MOU) may require the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Director of Human Resources. Such request shall be submitted within ten (10) calendar days of the rendering of the Adjustment Board decision to the Director of Human Resources (or the designated representative of the Union when the County/District is alleging a violation of Section 19 of the MOU). Within thirty (30) calendar days of the request for arbitration, the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. f. For the purposes of this Section the term "workday" shall be defined as any day except a Saturday, Sunday or holiday. 16.2 Scoae of Adiustment 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 Union 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 Section 15.1.a above. 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 Director of Human Resources in pursuance of the procedures outlined in Section 15.1.c above, or the Adjustment Board in pursuance of the provisions of Section 15.1.d 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; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 14 (Dismissal, Suspension, Demotion and Reduction in Salary) such employee may not IAFF,LOCAL 1230(ECCCFPD) 27 2007-2008 MOU SECTION 17- UNIFORM ALLOWANCE be ordered reinstated and no penalty may be assessed upon the County/District. 16.3 Time Limits. The time limits and steps specified above may be waived by mutual agreement of the parties to the grievance. If the District fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 16.4 Formal Presentation. An Official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. 16.5 Compensation Complaints. All formal complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. 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 adjustments 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 District and the Union. 16.6 CAO's Office or Board of Supervisors. The Union 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. 16.7 Letters of Reprimand. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3. Letters of reprimand shall be served personally or by certified mail on the affected employee. A copy of the letter of reprimand shall be placed in the employee's official personnel file maintained by the District. SECTION 17-UNIFORM ALLOWANCE All members of the Unit shall be paid a uniform allowance of fifty dollars ($50.00) per month. SECTION 18—TRAINING REIMBURSEMENT Effective the first of the month following adoption of the Memorandum of Understanding by the Contra Costa County Board of Supervisors, the District will reimburse incumbents in the classifications of Firefighter, .Firefighter/Paramedic, Engineer and Captain for the cost of tuition and books for up to two (2) Level I training/educational IAFF,LOCAL 1230(ECCCFPD) 28 2007-2008 MOU �. SECTION 19- RETIREMENT COVERAGE courses per fiscal year; or an employee may take a Level II training/educational . course(s) — in .which case, employees may receive reimbursement for course registration, books; and/or room and board, in accordance with County reimbursement policies and not to exceed five hundred dollars ($500). The aforementioned courses must be identified by the District as pertinent, and approved, by the District, in advance. SECTION 19-RETIREMENT COVERAGE Pursuant to Government Code Section 31581.1 the District will pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, January 1, 2006 to July 31, 2007. Employees shall be responsible for payment of the employee's contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employee's 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. SECTION 20 -MINIMUM STAFFING The minimum staffing in the East Contra Costa Fire Protection District shall be .increased from seven (7)to sixteen (16) effective February 6, 2007. Fire station staffing within the District may be reduced below the scheduled level in order to accommodate Fire District programs. Said level of staffing may be reduced by such events as the closure of a fire station. Should management of the District change its policy with regard to the minimum level of staffing, it will inform the Union of such proposed change(s) and meet and confer with the Union over the effect of such policy change(s) on workload and safety. SECTION 21 —SHIFT/STATION BIDDING The East Contra Costa Fire Protection District reserves the right to assign personnel in any assignment (shift/station) considered to be in the best interest of the organization in terms of training, education, personal growth, career development, organizational need or compliance with the requirements of State and Federal laws. To participate in any bid system an employee must have completed probation. The members are responsible for design and maintenance of the shift/station bidding procedures. SECTION 22 - NO STRIKE During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, refusal to perform customary duties, stoppage of work or sick-out against the District. IAFF,LOCAL 1230(ECCCFPD) 29 2007-2008 MOU SECTION 23 - UNFAIR LABOR.PRACTICE SECTION 23 -UNFAIR LABOR PRACTICE Either the District/County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 24-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 25-SCOPE OF AGREEMENT& SEPARABILITY OF PROVISIONS 25.1 Scoae of Aareement. Except as otherwise specifically provided herein, this MOU represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This MOU constitutes the entire and sole agreement between the parties on any and all matters which were presented during the meet and confer process. If a proposal was made by either party and not incorporated within this Agreement, then it was considered and rejected. The Union understands and agrees that the County and/or District is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 25.2 Separability 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. 25.3 Duration of Aareement. This Agreement shall continue in full force and effect from August 1, 2007 and ending November 30, 2008. IAFF,LOCAL 1230(F-CCCFPD) 30 2007-2008 MOU SECTION 25- SCOPE OF AGREEMENT& SEPARABILITY OF PROVISIONS Date: MOU between IAFF, Local 1230 and East Contra Costa Fire Protection District August 1, 2007 through November 30, 2008 EAST CONTRA COSTA IAFF, LOCAL 1230 FIRE PROTECTION DISTRICT EAST CONTRA COSTA FIREFIGHTERS UNIT IAFF,LOCAL 1230(ECCCFPD) 31 2007-2008 MOU