The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04082008 - SD.3 (2) r.. I I 5.,*D-3 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Assistant County Administrator- COSTA Director of Human Resources I I DATE: April 8, 20081 = COUNTY I SUBJECT: Hazardous Materials Salary Reallocation SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i RECOMMENDATION: I ADOPT Resolution Number 2008/253, implementing salary reallocations and various differentials for the Hazardous Materials Specialists I (V4WG)and Hazardous Materials Specialists II (V4VC) classifications and ADOPT an agreement with Public Employees Union, Local One settling two grievances involving these classifications. FISCAL IMPACT: The annual cost associated with this action is approximately $195,084 and is funded through industry and inspection fees. BACKGROUND: The County and Public Employees Union met and conferred regarding two grievances regarding pay and working conditions for employees in the classifications of Hazardous Materials Specialists I and II. The parties reached an agreement settling the dispute which is outlined in the attached resolution. I CONTINUED ON ATTACHMENT: X YES SIGNATURE I RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITTEE _APPROVE OTHER i I i I i SIGNATURE(S): Itnnn � �^ ACTION OF BDO E\( .7> f7 ?C APPROVED AS RECOMMENDED OTHER I I e I • I I I I I VOTE OF SUPERVISORS X i 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT WNANIMOUS(ABSENT o COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: i MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. < �Orig.Dept: Human Resources Department ATTESTED �- I x: County Administrator J H B.CULLEN,CLERK OF THE BOARD OF County Counsel ! SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Health Services Department Local One ®r BYDEPUTY M382(10/68) I I I I I I I • 5�. 3 Page 2 , I I I Contra Costa County has the second largest quantity of hazardous materials in the State and some of the most complex facilities in the San Francisco Bay Area. Contra Costa Hazardous Materials Specialists receive a salary that is at the average for the Bay Area Counties but well below the same position's pay in Santa Clara and San Francisco counties. The Contra Costa Health Services Hazardous Materials Program serves the entire County and is the only independent, Health Department-based hazardous materials response team in California They respond to a full range of hazardous materials incidents including but not limited to refineries, fires, industrial chemical releases and drug labs. Our Hazardous Materials Specialists are highly trained in the handling of chemical, biological, radiological, nuclear materials and explosives. The breadth of knowledge needed is far greater than what is needed at other locations in the Bay Area. I CONSEQUENCES OF NEGATIVE ACTION: If this request is not approved, Health Services could be detrimentally impacted by the potential loss of highly trained personnel to counties paying a greater salaryand offering better training/certification incentives. I I I I I I I I I I I I I I I i I I I i , I I I I I I I I I i I I I I I I i I I I I ' I • I I I I I I I I I I I I I I I I I I I I I • I . i i I I I i I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Adopted this Order on April 8, 2008 by the following vote: AYES:�I ^ NOES: N I ABSENT: �Ac Nr ABSTAIN:40 RESOLUTION NO. 2008/253 I . SUBJECT: Adopt Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC) Salary Reallocations per the grievance settlement agreement between Contra Costa County and Public Employees Union, Local One 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 RESOLVES THAT: I Contra Costa County will implement the following: Reallocate the classifications of Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC) on the Salary Schedule to provide for a salary increase of five percent (5%) - Hazardous Materials Specialists I (V4WG) from QT5 1592 ($5,066.87 - $6,158.81) to QT5 1642 ($5,324.03 -1$6,471.39) and Hazardous Materials Specialist II (V4VC) from QT5 1752 ($5,936.65 - $7,216.04) to QT5 1802 ($6,237.95 - $7,582.27). I This action will be effective March 1,i 12008. ADOPT attached grievance settlement. i i i 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. Orig.Dept: Human Resources Department cc: County Administrator ATTESTED b County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF Auditor-Controller I SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Department Local One BY Q l i RESOLUTION 2008/253 I I 51).3 I GRIEVANCE SETTLEMENT AGREEMENT I ' I 1: PARTIES. Effective March 1, 2008, this agreement is made by and between Public Employees Union, Local One;(LOCAL ONE) and the County of Contra Costa (COUNTY), on behalf of its Health Services Department. I 2. SUBJECT. This agreement is a settlement of all existing and possible differences between the parties concerning two grievances filed by LOCAL ONE. The first grievance was filed on June 19, 2007 (Step 3) on behalf of Greg Lawler and Tod Hickman. The second grievance was filed on October 17, 2007 (Step 3) on behalf of Charles Nicholson. I . I 3. NO ADMISSION. This agreement is a compromise of the differences between the parties concerning the matters set forth in paragraph 2. SUBJECT, above, and it is not and shall never be corisidered to be an admission of any fault, error, Wrongdoing, or liability by any party. 4. STAND-ALONE AGREEMENT. This is a stand-alone agreement, which means that these terms are unique to this matter and are not to be considered precedent setting or admissible in;any other grievance, charge, complaint, claim, or litigation. 5. COUNTY'S OBLIGATIONS. A. Salary Increase. County will reallocate the classifications of Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC) on the salary schedule to provide for a fve percent (5%) salary increase. B. Certifications Differential. Employees in the classifications Of Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC) are entitled to receive a monthly differential in the amount of five percent (5%) of base monthly salary for the possession and maintenance of all three (3) of the following certifications: I I . 1. State required Certifications (current and future) to perform Unified Program inspections. I I 2. Hazardous'Waste Operations and Emergency Response standards as definedilin Section 5192(e) of Title 8 of the California Code of Regulations. I 3. California Specialized Training Institute (CSTI) Hazardous Materials Specialist;certification. Page 1 of 5 pages I i SID. Verification of eligibility will be by the'Department Head or his/her designee. Eligibility for receipt of this differential begins on the first day of the month following the month in which eligibility is verified by the Department Head/designee. Each and every employee who qualifies for this differential is subject to annual calendar year verification of eligibility. I C. Program Coordinator Assignments and Differential. The Hazardous Materials Program Director (Director) will designate, in writing, up.to five (5) Program Coordinators from incumbents in the classifications of Hazardous Materials Specialists I (V4WG) and Hazardous.Materials Specialists II (V4VC). Each designation is in the sole discretion of the Director and each is subject to change at any time. Each designated Program Coordinator will be paid aldifferential of two and one half (2.5%) percent of base monthly salary. In the event that a designated Program Coordinator is absent from work on paid leave (vacation,!sick leave, disability or other paid leave), the absent Program Coordinator will be paid the Program Coordinator differential only for the first thirty(30) calendar days of that paid leave. At the end of that 30 days, or earlier if the designated Program Coordinator runs out of leave accruals, the differential stops and the Director may designate a new Program Coordinator. I The five (5) Program Coordinator assignments are as follows: i 1. Lead Program Coordinator 2. Health and Safety Coordinator 3. Enforcement Coordinator 4. Training Coordinator 5. Site Mitigation Coordinator It is the responsibility of the Director to provide the Auditor/Controller with written notice of (1) the designation of each Program Coordinator and the effective date of each designation, and (2) the termination of any designation and the effective date of the termination.. I D. Program Leader Assignments and Differential. The Hazardous Materials Program Director (Director) will designate, in writing, up to five (5) Program Leaders from incumbents in the classifications of Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC). Each designation is in the sole discretion of the Director and each is subject to change at any time. Each designated Program Leader will be paid a differential of five (5%) percent of base monthly salary. In the event that a designated Program Leader is absent from work on paid leave (vacation, sick leave, disability or other paid leave), the absent Program Leader will be paid the Program Leader differential only for the first thirty (30) calendar days of that paid leave. At the end of that 30 days, or earlier if the designated Program Leader runs out of leave accruals, the differential stops and the Director may designate a new Program Leader. I The five (5) Program Leader assignments are as follows: Page 2 of 5 pages I l i sa. 3 1. Above Ground Storage Tanks 2. Underground Storage Tanks 3. Hazardous Waste Generators 4. Incident Response;Team 5. Hazardous Materials Business Plans and Storm Water I It is the responsibility of the Director to provide the Auditor/Controller with written notice of (1) the designation of each Program Leader and the effective date of each designation, and (2) the termination of any designation and the effective date of the termination. E. Incident Response Team. The Incident Response differential set forth in Section 58.8 B. 2. of the Memorandum of Understanding between Contra Costa County and Public Employees Union, Local One, October 1, 2005 - September 30, 2008, (MOU), is increased from $50.00 to $150.00. I F. On Call Duty and Pay. When an employee in the classifications of Hazardous Materials Specialists I (V4WG) or;Hazardous Materials Specialists II (V4VC) is assigned to "on-call" duty by the Director or his/her designee, the employee will be paid in accordance with Section 9 of the MOU. When that employee is contacted by telephone during his/her assigned "on-call" duty shift and the employee is able to handle the situation(s) by telephone, the employee will receive no additional pay so long as the cumulative total of those telephone conversations does not exceed thirty (30) minutes per "on-call" shift. If the telephone conversations exceed a cumulative total of thirty (30) minutes per shift, the employee will be paid "on-call telephone pay" at the employee's base salary. rate (straight time) in one-minute increments, up to a maximum of sixty (60) minutes. If the telephone conversations exceed a cumulative total of sixty (60) minutes per shift, the employee will be paid in accordance with Section 8 Call Back Time of the MOU. j It is the responsibility of the employee to document, on the "On Call/Call Back" worksheet, the time spent on Hazardous Materials telephone calls during each "on-call" duty shift as "on-call telephone pay" in order to qualify for this pay. G. Continuing Education Allowance. Employees in the classifications of Hazardous Materials Specialists I (V4WG) and Hazardous Materials Specialists II (V4VC) are eligible to receive a Continuing Education Allowance of two and one half percent (2.5%) of base monthly salary for any fiscal year in which the employee completes at least sixty (60) hours of pre-approved education or training, other than the training that is required by lawjfor Hazardous Materials Specialists or required by the minimum qualifications for the!classifications of Hazardous Materials Specialists I (V4WG) and.Hazardous Matefials Specialists I I (V4VC)set forth in the respective job i I Page 3 of 5 pages I i i • I I I Sa.3 I I descriptions, or at least three (3) semester units of pre-approved college credit, or a pre- approved combination thereof, subject to the following conditions: 1. An application must be submitted to the Hazardous Materials Division Director prior to the fiscal.year in which the education or training will occur. 2. The education ;or training must be directly. related to the technical . duties of the employee's job. 3. The course must be approved, in advance, by the Hazardous Materials Division Director. I I 4. The employee must provide evidence of completion with a passing grade. I I H. Job Descriptions. The revised job descriptions for the the classifications of Hazardous Materials Specialists I;(V4WG) and Hazardous Materials Specialists II (V4VC) dated March 25, 2008, are effective on April 1, 2008. 1. MOU Provisions. The provisions set forth in paragraphs 5 (A) through (H), above, will be included in the next MOU between Contra Costa County and Public Employees Association, Local One. I I 6. LOCAL ONE OBLIGATIONS. In consideration for the above, LOCAL ONE agrees as follows: I A. MOU Provisions. Thej provisions set forth in paragraphs 5 (A) through (H), above, will be included in the next MOU between Contra Costa County and Public Employees Association, Local One. I B. LOCAL ONE hereby withdraws its grievances described in paragraph 2. SUBJECT, above, and agrees not to file any grievance, claim, complaint, or lawsuit against COUNTY on any matter now existing or hereafter arising from the matters set forth in paragraph 2. SUBJECT; above. i I I I i I i I I I I i I Page 4 of 5 pages I I I I I I i i t I I I i C. LOCAL ONE acknowledges and agrees that its representative named below has read and understands the provisions of this agreement and agrees to be bound by them. I I I I I LOCAL ONE CONTRA COSTA COUNTY I I I I i I I By: Roland Katz Supervising Business Agent s cr0. By: Linda Ashcaft Chief of Labor lations I I I . I Approved as to form by Vickie L. Dawes, Deputy County Counsel 4/2/2008 HAAgreements\Settlement Agreements\misc subjects\grievance settlements\Haz Mat Grievance 3012008.wpd i I I I I I I I .I I I I I I _ I I i I I I I I I i I I I I I I I I I I I I I ' I I i i Page 5 of 5 pages I I I i i REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item #: Complete this form and place it in the upright box near the Date: CS//Oy/z00 speaker's podium, and wait to be called by the Chair. My conuuents will be: ❑ General Personal inlorntation is optional. This speaker's card will be incorporated into the public record of this meeting. &r For El Against Name(PRINT): �G'1,�� / !�' �4h r` � � T'o enstfre vote•rtmne is annottrrced correct{v,you may want to iieclude its phonetic spelling ❑ 1 wish to speak on the subject of. Address: l b5:3� All 'n K 4� City: �� j Phone: 945-4.z ' 1 ani speaking for: l Myself ❑ Organization: ❑ Ido not want to speak but would like to leave com-meats for the Board to consider ("Use the back of this form) I i I