Memorandum of Understanding
General Employees Unit
(Unit J)
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Table of Contents
1. PARTIES
2. TERM
3. RECOGNITION
3.1 Relationship Affirmation
3.2 Monterey County Values
3.3 SEIU Local 817 Values
4. NONDISCRIMINATION
5. UNION RIGHTS
5.1 Representation
5.2 Union Official Representatives
5.3 Steward Program
5.3.A
5.3.B
5.3.C
5.3.D
5.3.E
5.3.F
5.3.G
5.3.H
5.3.I
5.4 Union Access
5.5 Bulletin Board
5.6 Dues Deduction
5.7 Service Fee
5.7.A
5.7.B
5.7.C
5.7.D
5.7.E
5.7.F
5.7.G
5.8 Use of County Mail System
5.9 Department Meetings
6. SAFETY
6.1 Work Environment
6.2 Health and Safety Committee
6.3 Public Works Accident Review Committee
7. MANAGEMENT RIGHTS
8. WAGES
9. CALL-OFF
10. OVERTIME
11. SPECIAL PAY PRACTICES
11.1 Shift Differential
11.2 Standby
11.3 Call-Back
11.4 Bilingual Skill Pay
Bilingual Position
Designations
Primary Bilingual
Positions
Provisional Bilingual
Employees
Qualifications
Bilingual Pay
Administration
11.5 Show Up Time
11.6 Y-Rate Procedure
11.7 Deferred Compensation
11.8 Mileage Allowance
11.9 Professional Development Stipend
12. NO PYRAMIDING
13. CLASSIFICATION PLAN MAINTENANCE
13.1 Classification Study Requests
13.2 Working Out of Class Pay
14. INSURANCE
14.1 Medical Insurance
14.2 Dental
14.3 Optical
14.4 Life
14.5 All Insurance
14.6 Health Insurance Review Committee
14.7 Vision Examination and Glasses for VDT
Operators
14.8 Conditional Re-opener
14.9 Physical Examinations
14.10 Disability Leave of Absence
14.11 Long-Term Disability Insurance
15. STATE DISABILITY INCOME PROTECTION PLAN
16. HOLIDAYS
17. VACATION
18. SICK LEAVE
18.1 Accrual Rate
18.2 Administration of Sick Leave
18.3 Retirement Payoff
18.4 Family Sick Leave
18.5 Bereavement Leave
18.6 Parental Leave
18.7 Verification of Sick Leave
19. INVOLUNTARY LEAVE WITH PAY
20. UNIFORM ALLOWANCE
21. PERSONAL PROPERTY REIMBURSEMENT
22. RETIREMENT
23. JURY DUTY
24. PROBATIONARY PERIOD
24.1 Term of Probationary Period
24.2 Employees Terminated During Probation in a
Promotional Class
25. GRIEVANCE PROCEDURE
25.1 Grievance Defined
25.2 Limited Grievance Procedure Application
25.3 No Discrimination
25.4 Time Limits
25.5 Grievance Procedure Steps
25.5.1
Step 1 -
Discussion with Immediate Supervisor
25.5.2
Step 2 -
Formal Written Grievance
25.5.3
Step 3 -
Deputy CAO-Human Resources Mediation
25.5.4
Step 4 -
Arbitration
25.6 Notice of Meetings
25.7 Representation
25.8 Grievance Withdrawal
25.9 Grievance Resolution
25.10 Consolidation
25.11 Processing Grievances
26 LAYOFF PROCEDURES
26.1 Policy
26.2 Procedure
26.2.1
Rank in
Class Defined
26.2.2
Natividad
Medical Center - Temporary Status Option
26.2.3
Order of
Layoff, Exception to Ranking Sequence
26.2.4
Ranking in
Previous Class
26.2.5
Demotion in
Lieu of Layoff
26.3 Notice
26.4 Reemployment of Employees Laid Off
26.5 Status of Employees Reemployed from a
Preferred Eligible List
26.6 Restoration of Benefit for Recalled
Employees
26.7 Insurance Coverage
26.8 Appeal Procedure
27 DISCIPLINE
27.1 Disciplinary Actions
27.2 Notice of Proposed Disciplinary Action
27.3 Notice of Implementation of Discipline
27.4 Written Reprimand
27.5 Disciplinary Review
27.6 Involuntary Leave Without Pay
27.7 Involuntary Leave Pending Investigation for
Disciplinary Action
27.8 Reduction in Salary
27.9 Disciplinary Demotion
27.10 Dismissal
27.11 Absence Without Leave Separation
27.12 Statue of Limitations
27.13 Appeals from Disciplinary Actions
28 PERSONNEL RECORDS
29 REQUEST OR APPLICATION FOR NEW POSITION
29.1 Transfers
29.2 Clerical Referral System
30 USE OF VOLUNTEERS
31 CONTRACTING OUT
32 POLYGRAPH EXAMS
33 EMERGENCY AUTHORITY
34 REST PERIODS
35 PERFORMANCE EVALUATIONS
36 CONCERTED ACTIVITIES
37 SEPARABILITY
38 REQUIRED NOTICE
39 PUBLIC EMPLOYEES RETIREMENT SYSTEM
40 FULL UNDERSTANDING MODIFICATION, WAIVER
SIDE LETTER AGREEMENTS
1 PARTIES
This Agreement is made and entered into between the County of Monterey (herein called the “County”), and the Service Employees International Union, Local 817, AFL-CIO, CLC (herein called the “Union”).
It is agreed by and between the parties that any provision of this Agreement requiring legislative action to permit its implementation by amendment of law or by the act of providing the appropriate legislation, shall not become effective until the effective date of such action.
2 TERM
The term of this Memorandum of Understanding is from July 1, 1999 to June 30, 2002 when said Memorandum shall expire and be of no further force or effect.
3 RECOGNITION
The County recognizes the Union as the sole and exclusive bargaining agent for all permanent and seasonal employees in classifications in the General Employees’ representation unit.
The Union recognizes its obligation to cooperate with the County to assure maximum service of the highest quality and efficiency to the citizens of Monterey County, consonant with its obligations to the workers it represents. The County and the Union affirm the principle that harmonious labor-management relations are to be promoted and furthered. The County and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect.
This Section shall not be subject to the grievance procedure.
· We are committed to assuring honesty and integrity in all County actions.
· We are committed to providing top quality customer service.
· We are committed to practicing continuing innovation.
· We are committed to treating our fellow employees, customers and residents with respect and courtesy at all times.
· We stand for economic and social justice.
· We stand for having a voice on the job and in society.
· We stand for a secure job with the opportunity to advance.
· We stand for dignity and respect.
· We stand united.
4 NONDISCRIMINATION
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, disability, sexual orientation, age, national origin, religious affiliation or Union membership.
Employees may elect to exercise their right to join and participate in the activities of the Union for the purposes of representation in all matters of their working conditions and employer-employee relations. The parties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the employee’s membership in said Union.
The Union and the County agree to support the Equal Opportunity Program established by the County and that there shall be no discrimination within their respective organizations because of race, creed, sex, sex preference, color, national origin, age, disability or political belief.
Any party alleging a violation of this article shall have the burden of providing the existence of a discriminatory act or acts and/or proving that, but for such act or acts, the alleged injury or damage to the grievant would not have occurred.
Complaints based on age, race, color, religion, sex, national origin, marital status, ancestry, disability or sexual orientation shall not be subject to the grievance or arbitration provisions of this agreement. Such complaints shall be processed utilizing the discrimination complaint procedure adopted by the Board of Supervisors. Discrimination complaints based on union membership and/or activity shall continue to be subject to the grievance procedure and arbitration.
5 UNION RIGHTS
The Union has the right to represent employees in the representation unit as specified by state law and pursuant to the County Employer Employee Relations Resolution. The Union will notify the County and maintain such notice during the term of this Agreement of its elected officers and directors as well as its staff employees.
The Union may select up to ten (10) persons, in addition to its staff members to act as official representatives and will notify the County as to those individuals so selected.
Official representatives shall represent the Union in jointly scheduled meetings with the County to address matters of mutual concern.
In addition, with prior mutual agreement, up to two (2) employees directly affected by the matters under consideration may participate in these joint scheduled meetings.
5.2
Union Official Representatives
Union official representatives who are county employees may utilize time during normal working hours for meeting and conferring with authorized representatives of the County subject to advanced scheduling.
The Union may select up to three (3) such official representative persons per unit in addition to its staff members and will notify the County as to those individuals so selected.
Union stewards shall mean permanent employees of a department within the same bargaining unit, who are members of and are designated by the Union to assist employees for the purposes of processing grievances. General Employee Unit shall select up to fifty (50) stewards.
Union agrees to notify the department head in writing of the names and titles of the departmental steward(s) representing employees in his/her department and shall send a copy of such notice to the Deputy CAO – Human Resources or his/her designee. Changes to the listing of stewards will be provided by the Union as they occur. Only employees named on the current list will be recognized by the County as stewards of the Union.
Stewards shall be subject to the following:
A. Stewards shall be authorized a reasonable amount of time off without loss of pay to investigate and prepare grievances and disciplinary appeal of employees in the department to which the steward(s) are assigned subject to the restrictions in I below.
B. Stewards shall have the right to serve as a representative for employees in grievance matters in accordance with the grievance and disciplinary appeals provisions of the Agreement. No more than one (1) steward may assist in the investigation or processing of a grievance.
C. Before performing grievance and disciplinary appeal work, the steward will obtain the verbal permission of his/her supervisor and shall report back to his/her supervisor when the grievance or disciplinary work is completed.
D. After receiving approval of his/her immediate supervisor, a steward shall be allowed reasonable time off during working hours, without loss of time or pay, to investigate, prepare and present such grievances and appeals. The immediate supervisor will authorize the steward to leave his/her work whenever the supervisor determines that the steward’s absence will not interfere with the work of the unit. Where immediate approval is not granted, the supervisor shall inform the steward of the reasons for the denial and establish an alternate time when the steward can reasonably be expected to be released from his/her work assignment.
E. When a steward desires to contact an employee, the steward shall first contact the immediate supervisor of that employee, advise of the nature of the business, and obtain release by the supervisor to meet with the employee. When, in the best judgment of the supervisor, the investigation would interfere with the work of the unit, the supervisor will notify the steward when he/she can reasonably expect to contact the employee.
F. Stewards shall receive no overtime for time spent performing a function of a steward.
G. Stewards shall not conduct Union business on county time, except as specifically authorized by this Memorandum of Understanding.
H. Stewards shall be responsible for the full and prompt performance of their workload.
I. Stewards may represent employees against whom disciplinary action is pending subject to the following restrictions:
1. The steward agrees that the issues which gave rise to the proposed disciplinary action are confidential in nature and will not be discussed with other employees, representatives or the news media, or others who do not have a direct need to know the details of the proposed discipline. The County may refuse to recognize or to deal with a steward who violates this confidentiality.
2. Department management may require that disciplinary representation in a particular disciplinary appeal only be accorded through stewards who are also employees of the same department or by a Union staff representative.
Authorized Union staff representatives shall have reasonable access to work locations in which employees covered hereby are employed for the purpose of transmitting information or representation purposes. Authorized Union staff representatives desiring such access shall first request permission from the appropriate management representative, at which time the authorized representative shall inform said management representative of the purpose of the visit. Said management representative may deny access to the work location if in his or her judgment it is deemed that a visit at that time will interfere with the operations of the department or facility thereof, in which event said management representative will offer an alternative time and/or location for the visit. In cases where management denies access to a critical patient care area and the issue which gives rise to the request for access is one of employee health or safety, then the department shall provide controlled or escorted access.
The Union shall give to each department head, having employees in the unit, and the Deputy CAO – Human Resources or his/her designee, a written list of the names of all authorized Union staff representatives, which list shall be kept current by the Union. Access to work locations shall only be granted to Union staff representatives on the current list.
Union representatives may request reasonable access to work sites to hold elections over internal union issues. If so approved by the Department Head, an election may be conducted so long as there is no interference with the department’s operations. Such access shall not be interpreted as a granting of release time for participation in said election.
The County will furnish for the use of the Union, reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used only for the following subjects:
Union recreational, social, and related news bulletins;
Scheduled Union meetings;
Information concerning Union elections or the results thereof;
Reports of official business of Union including reports of committees or the Board of Directors; and
All material shall clearly state that it is prepared and authorized by the Union.
Union agrees that notices posted on county bulletin boards shall not contain anything which may reasonably be construed as maligning the County or its representatives.
A. The County agrees to deduct, as a single deduction, dues for employees in the unit and such other deductions as approved by the Union Board of Directors and authorized in writing by the individual employees concerned on forms currently accepted by the Auditor-Controller for such deductions.
B. For Employees in the unit who authorize Union dues deduction, the County shall automatically continue such dues deduction.
C. The County agrees to provide the Union the name, department, job class, and deduction status of all unit employees on a monthly basis.
All employees in the unit who have not authorized a union dues deduction shall within the thirty (30) day period following notification of their obligation under this agreement execute an authorization for the payroll deduction of one of the following: 1) Union dues; 2) a service fee equal to the percentage of the regular dues that is used for legally permissible representation costs; or 3) if he/she qualifies, a charity fee equal to the service fee to a tax-exempt charitable organization that has been agreed to.
To qualify for the designated charity fee deduction, an employee must certify to the union that he/she is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations.
Such exempt unit employees will be required to submit to the union a notarized letter certifying that person’s membership in such a religion, body or sect, signed by an official of the bona fide religion, body or sect. If an employee fails to authorize one of the above deductions within the thirty (30) day authorization period, the County shall notify the employee in writing of his/her contractual obligation to authorize one of the payroll deductions.
If an employee fails to authorize one of the deductions, the union may seek enforcement through the courts.
B. Service Fee as Condition of Employment
All employees hired into the unit after January 1, 1988 who fail to authorize a union dues deduction or service fee deduction must, as a condition of their continued employment, authorize a service fee deduction within thirty (30) days following the beginning of their employment. The employee may avail his/her self of the options set forth in A above. If an employee fails to meet this obligation the union will make written request to the County to take the necessary steps to separate that employee from County service. The County will inform the union of all new hires.
The Union agrees to defend, indemnify and hold harmless the County and its officers, employees and agents against all claims, proceedings and liability arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the County under this article. It is mutually understood by the parties that the County shall retain the right to select its own attorneys and to consult with same in the event the parties jointly declare or a court determines that a conflict of interest exists with respect to representation of the County by the Union’s attorneys.
If the balance of an employee’s wages, after all other involuntary and insurance premium deductions are made in any one pay period, is not sufficient to pay deductions required by this article, no such deduction shall be made for that period.
1. The Union has presented a demonstration that the legally permissible costs that may be charged as a service fee to a nonmember equals somewhat more than ninety-five percent (95%) of dues.
The County has not challenged that demonstration and agrees to deduct a service fee equal to ninety-five percent (95%) of dues.
2. The Union shall, within ninety (90) days after the end of each fiscal year, make available to the County financial documentation, which shall meet the requirements of Government Code Section 3502.2.
3. The County agrees to provide the union the name, department, class, and payroll deduction status of all unit employees on a monthly basis.
E. Petition, Election and Challenge
1. If a petition is filed with the County which requests an election rescinding agency shop and such petition contains signatures collected within a forty-five (45) day period, of at least thirty percent (30%) of the employees in the bargaining unit, an election will be held. Such election may be held only once during the term of this Agreement. The verification of the petition and the election shall be conducted by State Conciliation Service. Voting shall be by secret ballot, and a majority vote of all employees in the bargaining unit shall be required to rescind agency shop.
2. A unit employee who is subject to the payment of a representation service fee hereunder has certain legal rights to object to that part of the fee payable by him or her which represents the employee’s additional pro rata share of expenditures by the union that is utilized for expenditures not incurred for the purpose of performing the duties incident to effective representation in employer-employee relations. An employee wishing to exercise these rights must contact the Union office at 334 Monterey Street, Salinas, California 93901.
The Union agrees to indemnify and defend the County and its officers, employees and agents against all claims, proceedings and liability arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the County under this article.
In the event that the service fee provisions of Article 5 is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree to reopen this article of this agreement for the purposes of implementing Modified Agency Shop provisions.
The union may use the County mail system for the following limited purposes:
To send communications to the Administrative Officer, department heads or other management personnel.
To send communications to members of the Union Board of Directors and officially designated shop stewards. Such communications shall not be for or include other material to be distributed to general employees.
Upon agreement regarding an agenda which has been reviewed by the Deputy CAO – Human Resources or his/her designee and the SEIU Local 817 Executive Director, a department head and his/her designees and designated department union stewards may meet two times per year to discuss issues of mutual concern. If agreeable to both the department head and the stewards, meetings may be more frequent. Meetings shall be held during the department’s normal business hours. A steward attending such a meeting during other than his/her normal assigned shift hours shall be paid straight time pay not to exceed two hours. This article is not subject to the grievance procedure.
6 SAFETY
The County recognizes its obligation and is committed to providing a safe place of employment for its employees. To assist in accomplishing this goal, it is agreed that the County reserves the right to adopt reasonable departmental rules and regulations, which become effective when posted.
The Union agrees that it is the duty of all employees to comply with all reasonable rules and regulations and to be alert to all unsafe places, equipment and conditions and to report any such unsafe practices or conditions to their immediate supervisor.
Stewards shall have reasonable access to work locations of unit employees within their own department to inspect that site for the purpose of ensuring a safe work place. Such access shall be administered in accordance with Section 5.3 above.
6.2
Health and Safety Committee
The County and the Union shall participate in a county-wide Health and Safety Committee which may meet on a bimonthly basis to review county safety records, policies and programs, and make recommendations for the resolution of health and safety issues brought before them by either the County or the Union. Each party shall furnish the other the agenda items they wish to discuss one (1) week prior to any scheduled meeting.
Section 6.1 and 6.2 of this article are not subject to the grievance procedure.
6.3
Public Works Accident Review Committee
A Public Works employee shall be notified in writing of a scheduled department accident review committee review of an accident in which the employee was involved. If either at the time of written notice or during the course of the accident review meeting there is reason to believe that the possibility exists for a recommendation for disciplinary action, the employee will be so notified and may have a union representative present. If a union representative is not available, the meeting will be postponed until one is available.
7 MANAGEMENT RIGHTS
The County will continue to have, whether exercised or not, all the rights, powers and authority heretofore existing, including, but not limited to the following: Determine the standards of services to be offered by the constituent departments; determine the standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; issue and enforce rules and regulations; maintain the efficiency of governmental operations; determine the methods, means and personnel by which the County operations are to be conducted; determine job classifications of county employees; exercise complete control and discretion over its work and fulfill all of its legal responsibilities. All the rights, responsibilities and prerogatives that are inherent in the County by virtue of all federal, state, and local laws and regulations provisions cannot be subject to any grievance or arbitration proceeding.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board of Supervisors, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent of such specific and express terms thereof are in conformance with the Constitution and Laws of the United States and the Constitution and Laws of the State of California.
The exercise by the County through its Board and management representatives of its right hereunder shall not in any way, directly or indirectly, be subject to the grievance procedure set forth herein.
8 WAGES
Effective with the first pay period following ratification 1999, wages for Unit members shall be increased by five percent (5%).
Effective with the first pay period following July 1, 2000, wages for Unit members shall be increase by three and two hundreds percent (3.02%).
Effective with the first pay period following July 1, 2001, a sixth step of five percent (5%) will be established for all Unit salary ranges.
In May of 2001, County and Union agree to meet and confer regarding the distribution of special wage adjustments among Unit classifications effective during the third year of the current MOU, no sooner than July 1, 2001. The adjustment budget will be 0.62% of the 1999 bargaining budget which is $438,789 distributed over twelve (12) months, or, $36,566 a month.
9 CALL-OFF
Natividad Medical Center employees may be voluntarily called off their regularly scheduled shifts for lack of work.
Such temporary call-offs cannot be for more than one week at a time. During this time insurance benefits will continue.
Call-off will be voluntary and an oversight committee will be formed to oversee call-off. The Union and Natividad Medical Center administration will meet and mutually agree to the structure of the committee.
As needed, the County may request a re-opener on this single issue for the purpose of initiating mandatory call-off if it is determined that voluntary call-off is not meeting the needs of the hospital.
Employees may be offered the opportunity on a voluntary basis to float to other departments within the hospital depending upon hospital needs and employee skills.
10 OVERTIME
If in the judgment of an appointing authority, extra hours are required to be worked by an employee for the accomplishment of county business, the appointing authority may authorize and require the performance of said extra hours.
Overtime shall be defined a time actually worked in excess of forty (40) hours in a work week.
Natividad Medical Center (8/80) employees shall work schedules agreed to under exemptions allowed by the Fair Labor Standards Act.
For the purposes of this section paid hours associated with a county holiday (whether actually worked or not), vacation and compensatory time off hours shall be considered as hours worked for the purpose of determining overtime. An individual employee’s work schedule shall not be altered for purpose of eliminating overtime compensation equal to that earned as a result of the employee using approved vacation or compensatory time off hours.
An appointing authority requiring extra hours to be worked by an employee may, within the same work week, for departments for which overtime is defined as time actually worked in excess of forty (40) hours in a work week, or within the same pay period for departments for which overtime as defined as time actually worked in excess of eighty (80) hours in a pay period, and with no less than thirty (30) hours notice to the employee require the employee to use unpaid compensatory time off equal to the extra hours worked.
A. All county job classes shall be designated as either 1) overtime eligible, or 2) overtime exempt. Each of the above categories shall be assigned a special code which shall appear beside each class as listed in the County salary resolution.
B. Except as otherwise provided herein, employees in overtime eligible classes shall be compensated for overtime authorized by their appointing authority by either 1) compensatory time off at the rate of one and one-half (1-1/2) hours credit for each hour of overtime, or 2) in cash at the rate of one and one-half (1-1/2) times the employee’s base rate of pay.
For Park Ranger I and II, Senior Park Ranger, Communications Dispatcher I, II, and III, the method of compensation shall be determined by the appointing authority after consulting the affected employee, except that Park Ranger I and II and Senior Park Ranger shall not be allowed to accumulate more than one hundred sixty (160) hours of compensatory time off and Communications Dispatchers I, II, and III shall not be allowed to accumulate more than one hundred (100) hours of compensatory time off, after which maximum all overtime shall be paid in cash.
For all other unit job classes which are overtime eligible:
1. The method of compensation shall be determined by the appointing authority after consulting the affected employee as long as the employee’s compensatory time off accrual balance is no more than forty (40) hours.
2. If an employee has a compensatory time off accrual balance of at least forty (40) hours but no more than sixty (60) hours, the employee shall have the choice of compensation for overtime by either compensatory time off or cash.
3. An employee shall not be allowed to accumulate more than sixty (60) hours of compensatory time off, above which maximum all overtime compensation shall be paid in cash. Effective with the pay period beginning June 27, 1992, an employee shall not be allowed to accumulate more than eighty (80) hours of compensatory time off above which maximum all overtime compensation shall be paid in cash.
Credit for compensatory time off shall be reported on payroll sheets submitted to the Auditor-Controller each pay period, and a balance shall be kept on the employee’s check stub. The use of compensatory time off shall be administered by the appointing authority.
C. Employees in overtime exempt classes shall not receive compensation for overtime except as may otherwise be authorized by the Board, but may be authorized administrative leave with pay by their appointing authority or his/her designee in the event that county operations result in extraordinary work assignments for such employees. Such administrative leave shall not exceed two (2) working days in any pay period. The County Administrative Officer may approve additional administrative leave with pay, upon written request from an employee’s appointing authority showing special circumstances warranting such leave. Such approval shall be given in writing. The provisions of this item shall be administered by the appointing authority, but shall in no way establish any right to any type of overtime compensation for overtime exempt employees, regardless of whatever records are kept by the appointing authority.
D. Park Rangers’ Overtime
In the event employees in the Park Ranger I, II and Senior Park Ranger classifications should have to work in excess of an eight (8) hours shift in order to finish a project which is of a non-emergency nature, said employees shall accumulate compensatory time on an hour-for-hour basis if, and only if, said work time in excess of their regular shift become overtime pursuant to the definition of overtime set forth above. Such accumulated compensatory time may be taken by the employees upon approval of the appointing authority. This accumulation of compensatory time off shall be separate and distinct from the compensatory time off bank authorized in Section 10.B above.
The County agrees to observe all requirements of the Fair Labor Standards Act regarding the compensability of travel time as work time.
11 SPECIAL PAY PRACTICES
Employees in all bargaining unit classes who are assigned to and work eight (8) hours or more between 2:31 p.m. and 7:59 a.m. shall be eligible for shift differential pay.
An employee who is called back to work a partial shift for an employee who is regularly assigned to a shift which is eligible for shift differential pay shall be eligible for shift differential pay for hours worked between five (5) p.m. and eight (8) a.m.
Effective May 28, 1994, an eligible employee shall be paid Ninety-Five Cents ($.95) per hour for actual hours worked with the window period established above for his/her class. An employee interested in a change of shift assignment may file a written request for said change with the department. When making shift assignments, management’s primary considerations shall be employee written requests and length of service with the department. If management determines that special skills and/or experience are required, said needs will be made known to the employees in the affected classes within the department and these shifts will be assigned based on the request(s) and/or length of service of those employees who meet the special skill and/or experience requirements.
Determination of need and assessment of special skills will be at the sole discretion of the departments.
An appointing authority, after receiving written approval from the County Administrative Officer, may place employees on standby duty. Standby duty refers to a situation where an off duty employee holds themselves available for immediate response as directed by management.
No employee shall be paid for standby duty time and other compensable duty time simultaneously.
Effective May 28, 1994, employees placed on standby duty shall be paid Two Dollars Fifty-Five Cents ($2.55) per hour while on standby duty. Holidays shall be compensable for standby duty.
In those situations where an employee who is not on standby duty or otherwise being compensated and who, following the completion of his/her work day and departure from his/her place of employment, is unexpectedly called back and must report to a work site in response to a directive from management because of unanticipated work requirements, that employee shall be credited with a minimum of two (2) hours of work for each call back.
Bilingual Position Designations:
A department head, with the approval of the Deputy CAO – Human Resources or his/her designee, shall designate:
Primary bilingual positions are positions required on a regular basis for an amount of time that, on the average, equals twenty percent (20%) or more of the total work time to utilize bilingual skills in order to perform the job duties. A primary bilingual designation is assigned to a position, not an incumbent, and in the event the incumbent moves to another position or if the primary bilingual designation of the position is removed because the duties no longer meet the criteria for such designation, his/her bilingual pay will cease.
Provisional Bilingual Employees:
A provisional bilingual employee occupies a position for which bilingual skills are not required, but in order to provide necessary services the department must utilize the bilingual skills of the current incumbent. An employee whose bilingual skills are required on a regular basis for an amount of time that, on the average, equals less than twenty percent (20%) of the total work time may be designated as a provisional bilingual employee if there is no alternative method for providing essential bilingual services. Provisional bilingual employee designations expire when any certified incumbent leaves the department in which the designation was made or upon termination of the designation by the department head.
Ability to qualify for certification of demonstrated proficiency in the required language shall be a requirement for employment in a primary bilingual position, and obtaining certification appropriate for the position within the initial thirty (30) days of employment shall be a condition of continued employment.
Provisional bilingual designations require certification by the Human Resources Division of demonstrated proficiency appropriate for the needs of the department in the required language.
An employee who has received certification of proficiency appropriate for one position may be required to meet new proficiency requirements if he/she moves to a bilingual designated position which utilizes a different specialized or technical vocabulary. An employee certified as proficient shall be required to obtain renewal of his/her proficiency certification every five (5) years.
Bilingual pay shall be paid to an employee occupying a designated bilingual position who has certification of proficiency in the required language as appropriate for the position starting with the first full pay period following certification.
An employee occupying a primary bilingual position shall be paid a bilingual pay differential of forty-two dollars ($42.00) per pay period.
An employee designated a provisional bilingual employee shall be paid a bilingual pay differential of twenty dollars ($20.00) per pay period.
The Deputy CAO – Human Resources or his/her designee is responsible for administration of the bilingual program including approval of bilingual position designations and proficiency testing and certification.
Administration responsibilities shall also include a periodic review of the number and location of bilingual position designations.
If a permanent full-time employee reports to work for their regularly scheduled shift and is not permitted to work because of circumstances within the control of the County, that employee shall be entitled to two (2) hours of pay.
“Y-rating” is a procedure whereby an employee who is reclassified to a class having a lower salary range than his/her current class may retain his/her current salary after the reclassification to the lower class. The employee’s salary at the time of the Y-rate shall not increase until such time as the maximum salary of the class to which the employee was reclassified exceeds the employee’s salary.
When an employee’s current rate of pay falls between the step authorized for the lower paid class, he or she shall continue to receive the current rate of pay until such time as an authorized increase in pay or step increase can be granted which places the employee at a step in the range without increasing his/her salary by an amount more than that normally provided by the salary increase or step advancement.
The salary on Y-rate shall be only the rate of pay in effect for the employee’s class and step on the day prior to the effective date of the Y-rate action, as shown in appendices A and B of the Personnel Practices & Procedures Resolution.
Bilingual, float and charge pay differentials shall not be added to the Y-rate.
The Deputy CAO – Human Resources or his/her designee shall have the sole authority to approve or deny a Y-rate for an employee who is reclassified to a lower class.
A permanent employee with over one (1) year of continuous service and who is not on probation in a class at the time of his/her reclassification to a lower class, who is denied the application of a Y-rate by the Deputy CAO – Human Resources or his/her designee, may appeal such denial to a joint committee consisting of a designee of the Deputy CAO – Human Resources or his/her designee, a representative chosen by the Union and a third party chosen by the first two appointees.
All other employees not Y-rated shall have no appeal. Y-rating is not subject to the grievance procedure.
The deferred compensation program shall continue to be made available to permanent employees in the General Unit.
A unit employee who is required to operate his or her own or a privately-owned automobile for the execution of official duties, shall be allowed, reimbursed and paid the IRS rate for each mile necessarily traveled each month.
At his/her discretion, the Agriculture Commissioner may provide Produce Inspectors use of a county vehicle in lieu of mileage allowance.
No claim for mileage allowance shall be allowed by the Auditor-Controller unless and until it is accompanied by such report and form as may be required by the County Administrative Officer.
11.9
Professional Development Stipend
On the first pay period of each new calendar year, Unit employees will receive a professional development stipend of $100.
This section shall take effect the second year of this MOU.
12 NO PYRAMIDING
Premium rates that are expressed as a percentage of an employee’s rate of pay, such as time and one-half (1-1/2) overtime which equals one hundred fifty percent (150%), shall be calculated based on the basic rate of pay as set forth in the then current Personnel Policies and Practices Resolution. Special pay benefits (such as shift differential, bilingual, etc.) to which an employee may be entitled shall not be added to the pay base for the purpose of determining pay premiums based on a percentage of base pay. Further, except for special pay benefits expressed in flat dollar amounts, time and one-half (1-1/2) shall be the maximum rate of pay to which an employee may be entitled even though some portion of time worked may qualify for premium pay under more than one (1) provision.
13 CLASSIFICATION PLAN MAINTENANCE
13.1
Classification Study Requests
In response to a written request from the Union for a reclassification study on a form prescribed by the Human Resources Division, the Human Resources Division shall acknowledge receipt of said request, and if a study is justified, indicate the target date for completion of the study within thirty (30) calendar days of receipt of said request.
If the request for a study is denied or if the results of a completed study are not satisfactory to the union, the union may file a written appeal of the denial or the results with the assigned Personnel Analyst. Written appeals must be received by the Personnel Analyst within ten (10) working days of the receipt of the denial or results of the study.
If the denial or results of a study are not satisfactorily resolved with the analyst, the union may appeal in writing to the Assistant Human Resources indicating the specific justification for appeal of the Analyst’s decision. If the denial or results of a study are not satisfactorily resolved with the Assistant Human Resources Director, the union may appeal in writing to the Deputy CAO – Human Resources or his/her designee indicating the specific justification for appeal of the Assistant Human Resources Director’s decision. Written appeals must be received by the Assistant Human Resources Director or the Deputy CAO – Human Resources or his/her designee within ten (10) working days of the union’s receipt of a response at the previous level. The decision of the Deputy CAO – Human Resources or his/her designee shall be final.
The Deputy CAO – Human Resources or his/her designee will periodically review the status of pending classification studies requests with a staff member of the union. This review will be scheduled to allow at least two (2) weeks between the time of review and the time of any action by the Board of Supervisors.
The provisions of this section shall not be subject to the grievance procedure article of this Agreement.
In order for an employee to receive working out of class pay all of the following criteria must be met:
A. The employee must be assigned to a higher classification whose salary range is at least five percent (5%) higher than the range of the employee’s regular classification.
B. The assignment must be to a vacant permanent position or to a permanent position whose incumbent is absent from work.
C. The assignment must be for over twenty (20) consecutive working days.
D. The employee must perform all of the duties of the higher classification.
For working out of class the employee shall be compensated at the step in the higher classification that provides an increase to the assigned employee of at least five percent (5%). Such compensation shall begin on the twenty-first (21st) working day after the assignment to the higher classification.
14 INSURANCE
Monterey
County Preferred Provider Organization (PPO)
Full-time, permanent unit employees shall be eligible for the following:
Monthly
County Contribution
Employee $263.00
Employee plus one dependent $463.00
Employee plus family $463.00
Part-time, permanent unit employees who are scheduled to work a minimum of forty (40) hours, but less than sixty-four (64) hours shall be eligible for the following:
Monthly County Contribution
Employee $132.00
Employee plus one dependent $232.00
Employee plus family $232.00
Part-time, permanent unit employees who are scheduled to work less than forty (40) hours in a pay period shall not be eligible for health insurance coverage.
Monterey
County Employee Health Insurance Plan
There shall be implemented the Monterey County Employee Health Plan (MCEHP) on or before January 1, 1999.
For full-time unit employees enrolled in MCEHP, the County shall, during the term of the current MOU, contribute 100% of the premiums for employee and for the employee-plus-one coverage, and the premium less fifty dollars ($50.00) for family coverage.
This provision shall end with the term of the current MOU. This provision or a replacement provision shall be negotiated into a successor MOU.
Part-time unit employees, who are scheduled to work a minimum of forty (40), but less than sixty-four (64) hours a pay period, enrolled in MCEHP shall be eligible for the following:
Monthly
County Contribution
Employee $131.65
Employee plus one dependent $267.70
Employee plus family $289.18
Part-time unit employees, who are scheduled to work less than forty (40) hours shall not be eligible for health insurance coverage.
Alternative Benefit Option
Effective January 1, 1999, eligible, full-time unit employees, who are regularly scheduled to work sixty-four (64) hours or more a pay period, providing proof of alternative health insurance coverage shall be reimbursed up to:
Monthly
County Contribution
Employee $263.00
Employee plus one dependent $463.00
Employee plus family $463.00
Eligible, part-time unit employees, who are scheduled to work a minimum of forty (40) hours but less than sixty-four (64) hours in a pay period, providing proof of alternative health insurance coverage, shall be reimbursed up to:
Monthly
County Contribution
Employee $132.00
Employee plus one dependent $232.00
Employee plus family $232.00
Part-time unit employees, who are scheduled to work less than forty (40) hours in a pay period, are not eligible for the Alternative Benefit Option.
Administration of the option shall be subject to the guidelines attached as a side letter to this Memorandum of Understanding.
By mutual agreement, County and Union agree to reopen this Article and meet and confer regarding its terms and conditions at any tie during the term of this MOU.
County agrees to pay the employee-only premium for dental insurance during the term of this Agreement.
County agrees to pay the employee-only premium for optical insurance during the term of this Agreement. Dependent optical coverage shall not be available.
Effective January 1, 1990, the county agrees to provide ten thousand dollars ($10,000) in life insurance for employees. In addition, subject to the terms and conditions of the underwriters, an employee shall have the option to purchase at the current county rate additional life insurance equal to one and one-half (1-1/2) times his/her basic annual earnings or to a maximum of $100,000.
The County continues to have the right and the obligation to administer the various insurance programs. These rights and obligations include but are not limited to the right to select the carriers and insurance claims administrators after consideration of the recommendations of the Health Insurance Review Committee and prior meeting and consultation with the Union. Changes in insurance carriers or administrators shall not result in any appreciable reduction in benefits. In the event a change in insurance carriers is made, an open enrollment period will be authorized. The County shall provide the Union and employees thirty (30) day written notice for premium rate changes by U.S. mail or by paycheck.
14.6 Health Insurance Review Committee
A Health Insurance Review Committee shall be composed of representatives from the County and duly designated bargaining units as follows:
County Administrative Officer appointees 6 Members
SEIU-817 3 Members
SEIU-535 2 Members
Sheriff 1 Member
Attorneys 1 Member
Management Compensation Committee 1 Member
Insurance Broker Advisory Member
The Committee shall meet on a monthly basis and shall review experience reports and other pertinent information and may make recommendations on plan administration and/or structure to the County Administrative Officer.
In the second year of this agreement, if the employee cost for dependent care rises above Twenty Dollars ($20) per month the Union may request a re-opener for the purpose of negotiating the County contribution for dependent coverage.
14.7 Vision Examination and Glasses for VDT
Operators
The County will amend the Vision Service Plan effective January 1, 1990 to provide an option for a second (2nd) pair of glasses tinted and designed for use with video display terminals (VDT’s) for an employee whose manager certifies in writing to Risk Management that the employee uses a VDT 60% or more of his/her normal work time in order to perform duties. Manager certification and endorsement of eligibility for VDT glasses by Risk Management must occur prior to an eye examination for an employee to be eligible for the VDT option. The employee shall pay an additional $20.00 deductible for an exam which includes the VDT option.
In the event the Health Insurance Review Committee or the Risk Manager recommends plan modification to the County Administrative Officer and the parties (i.e., Union and the County) agree on the modifications, the parties will reopen this Agreement to allow implementation of the agreed upon modifications.
Permanent full-time employees in unit J shall be entitled to a physical examination by appointment at Natividad Medical Center on a biennial basis (i.e., an examination every other year). Results of the examination shall be treated confidentially.
14.10 Disability Leave of Absence
State Disability Income Protection (SDI) Leave:
Effective January 1, 1990, when an employee is on leave of absence and he/she is receiving state disability income (SDI) protection plan benefits, in addition to the period of time for which county contributions to health insurance continue as a result of the employee’s use of twenty (20) hours or more sick leave per pay period, he/she shall receive one additional month of county paid medical insurance for the employee only for every eighty (80) hours of sick leave accrual balance he/she had as of the first day of continuous absence resulting from the condition which qualifies him/her for SDI benefits.
Workers Compensation:
Effective January 1, 1990, when an employee on leave of absence is receiving Workers Compensation payments and he/she is utilizing integration of accrued sick leave to equal normal salary, he/she shall receive county paid medical insurance and his/her regular county contribution toward dependent medical insurance, if any, until he/she has zero (0) sick leave accrual balance.
14.11 Long-Term Disability Insurance
The County will facilitate the provision of voluntary long-term disability insurance via the payroll deduction process.
It is understood that long term disability insurance is wholly voluntary between the employee and the insuring company and that provision of such insurance is subject to the terms and conditions set by the insurance company and may be cancelled by the insurer if its minimum enrollment standards are not met.
In the event of cancellation the County will no longer be obligated to facilitate long term disability insurance.
15 STATE DISABILITY INCOME PROTECTION PLAN
It is agreed that unit employees shall be covered by the State Disability Income (SDI) Protection Plan at their expense. The SDI benefit will be integrated with County sick leave benefits.
The following listed days shall be observed
during the term of this Memorandum as legal holidays:
January 1 New
Year’s Day
Third Monday in January Martin
Luther King JR’s Birthday
Third Monday in February Presidents’
Day
Last Monday in May Memorial Day
July 4 Independence
Day
First Monday in September Labor Day
November 11 Veterans
Day
Fourth Thursday in November Thanksgiving
Fourth Friday in November Day After
Thanksgiving
December 24* Christmas
Eve
December 25 Christmas
If any of the above listed holidays falls on
a Saturday, the preceding Friday shall be the holiday in lieu of the day
observed. If one of the above listed
holidays falls on a Sunday, the following Monday shall be the holiday in lieu
of the day observed.
*Christmas Eve shall be observed as a
holiday only on those days when an employee would normally not be scheduled to
be off. For example, an employee working
a Monday through Friday schedule would observe Christmas Eve as a holiday only
when December 24th actually fell on a Monday, Tuesday, Wednesday, or
Thursday. All employees shall receive an
equal number of holidays.
All employees, except as provided below, who
work on a holiday shall be entitled to compensatory time off (CTO) on an
hour-for-hour basis for up to eight (8) hours of such work on a holiday, unless
the employee is paid for the holiday in cash, in which case no compensatory
time off shall be granted. Overtime
eligible employees who, on a holiday, work in excess of either eight (8) hours
or their normal daily schedule, whichever is greater, shall be entitled to
overtime compensation for the time worked in excess of eight (8) hours or their
normal work day, if greater.
All employees at Natividad Medical Center
shall be paid one and one-half (1-1/2) times their base rate of pay for any
hours worked on a regularly scheduled county holiday plus straight time
compensation or straight time compensatory time off for the holiday.
Effective January 1, 1990, for employees
appointed to a permanent or seasonal position, the following vacation schedule
shall apply:
0-2 years of service 3.70 hours per pay period (12 days per year)
After 2 years of service 4.62 hours per pay period (15
days per year)
After 10 years of service 6.16 hours per pay period (20 days
per year)
After 18 years of service 7.08 hours per pay period (23 days
per year)
After 21 years of service 7.39 hours per pay period (24 days
per year)
After 25 years of service 7.70 hours per pay period (25 days
per year)
The maximum annual accrual for employees in
this unit shall be two hundred sixty (260) hours. Vacation shall continue to be administered in
accordance with the procedures set forth in the Personnel Policies &
Practices, except that vacation may be taken as earned during the first six (6)
months of employment.
Unit employees hired prior to February 18,
1984, shall continue to earn sick leave at a rate of approximately twelve (12)
days per year. Unit employees hired
after February 18, 1984, shall continue to earn sick leave at the rate of
approximately ten (10) days per year.
18.2
Administration of Sick Leave
Except for the changes in accrual rates set
forth in 17.1 the administrative procedures for sick leave shall continue as it
effect as of July 1, 1983.
Effective January 1, 1995 an employee in
lieu of cashing out 500 hours of sick leave upon retirement may convert up to
750 hours of their accumulated sick leave to the purchase of individual only
health benefits under the County health plan.
Permanent and seasonal employees may be
granted use of accumulated sick leave by their appointing authority because of
illness of a father, mother, brother, sister, wife, husband, child,
grandparent, or grandchild, provided in the judgment of the appointing
authority, a medical condition exists which warrants the employee’s personal
attendance. In exceptional cases, such
leave may be granted by the County for illness of a father-in-law or
mother-in-law when it can be demonstrated that a bonafide illness exists that
warrants his/her personal attendance during his/her normally scheduled work
hours. The appointing authority may
require a physician’s certificate or other substantiating evidence that such
illness exists. Such absence by the
employee shall be limited to ten (10) working days in any fiscal year of paid
leave when used for such purpose.
Permanent and seasonal employees shall be
granted use of accumulated sick leave by their appointing authority because of
the death of a father, mother, brother, sister, wife, husband, child,
grandparent, or grandchild. Such absence
by the employee shall be limited to five (5) working days per occurrence of
paid leave. As a condition of granting
leave for bereavement purposes, the appointing authority may request verification
of the loss. At the discretion of the
appointing authority, such leave may be granted because of the death of a
mother-in-law, father-in-law, daughter-in-law, or son-in-law.
Maternity:
Normal pregnancy and/or complications arising
from pregnancy shall be considered an illness and shall be included within the
provisions of this section. An employee
shall be eligible for leave of absence without pay for maternity leave of up to
six (6) months regardless of whether or not said employee has used all accrued
sick, vacation and paid-time-off leave.
Said leaves of absence shall be approved in accordance with the
provisions for approval of other types of leaves of absence without pay.
Other Parental Leave:
A unit employee may request a leave of
absence without pay in addition to any vacation or sick leave taken in the
event of the birth of a son or daughter or the adoption of a son or daughter
less than six (6) years of age. Said
leave shall:
Not be granted in addition to any maternity
leave.
Be granted to any one employee no more than
one (1) time in any two (2) year period.
Be granted to no more than one (1) employee
as a result of the same birth or adoption.
Said leave shall be approved in accordance
with the provisions for approval of other types of leave of absence without
pay.
18.7
Verification of Sick Leave
County may require medical certification or
other substantiating evidence of illness for any period of time for which sick
leave is sought. Medical certification
for an absence of a single day will only be required if a pattern of abuse or
excessive use of sick leave exists which requires said certification.
An employee may be placed on involuntary
leave with pay and benefits for a period not to exceed twenty (20) working days
upon a determination by the County Administrative Officer that circumstances
exist that make the immediate removal of the employee to be in the best
interests of the County and that the employee cannot be effectively used in
his/her job classification within the department.
Effective July 29, 1989, every newly hired
Park Ranger, Park Department employee in a maintenance classification, and
Sheriff’s clerical employee covered by the agreement who is required to have
and maintain a uniform shall receive an advance credit to be used exclusively
to purchase required uniform items. Said
uniform items shall be considered the property of the Parks Department or the
Monterey County Sheriff’s Department for a period of one year from the newly
hired employee’s date of appointment.
Any employee whose employment is terminated prior to the completion of
one (1) year of service shall return all uniform items to the department or
refund the full uniform credit.
Employees who receive the initial uniform credit shall not receive an
additional uniform allowance during their first year of employment.
The new hire advance credits shall be:
Park Rangers: Six Hundred Dollars (4600)
Parks Department Maintenance
Classifications: Two Hundred Dollars
($200)
Sheriff’s Clerical Employees: Three Hundred and Fifty Dollars ($350)
The monthly uniform allowance for those
employees eligible for such monthly uniform allowance and not covered by the
provisions of paragraph one of this article shall be as follows:
The uniform maintenance for employees in the
Sheriff’s Civil Division will be Thirty-Five Dollars ($35) per month.
The uniform maintenance for Parks Department
employees in the Park Ranger series who are required to maintain a class A and
B uniform shall be Forty Dollars ($40) per month.
A uniform maintenance allowance for Parks
Department employees in maintenance classifications who are required to
maintain a class C uniform shall be Twenty-Five Dollars ($25) per month.
Payments will be made to each eligible
employee no less than quarterly in any year.
The practice of the issuance of coveralls to
Public Works Department’s employees shall be continued to those presently
eligible. In addition, a safety color work
shirt shall be issued to Road Maintenance, Bridge Maintenance and Waste Water
crew members in those class series on the following basis: Employees as of the date of the initial
distribution shall receive an initial supply of five (5) shirts and then three
(3) shirts each year thereafter.
Employees hired after the initial distribution is made shall receive two
(2) shirts at the time of hire and three (3) additional shirts per year
thereafter. The employees shall be
responsible for the maintenance of the shirts (laundry, repairs, etc.) and for
the replacement of any shirts lost or damaged beyond repair.
The practice of the issuance of uniforms to
cooks in the Adult Rehabilitation Center shall be continued.
The Health Department shall provide Animal
Control Officers the first uniform and a monthly allowance of forth dollars
($40) for the maintenance, repair and replacement of uniforms. If an Officer leaves the classification
within one year after receiving the first uniform, all uniform items shall be returned
to the Department.
Nothing in this section shall be construed
to limit the authority of management to require employees to wear a
uniform. If employees are required to
purchase or maintain a uniform, the County agrees to meet and confer with the Union
concerning a uniform allowance.
The Public Works Department shall provide
Road Maintenance employees one (1) pair of clean coveralls once per week
effective October 1, 1991.
21
PERSONAL PROPERTY REIMBURSEMENT
Whenever an employee engaged in assigned
official duties on behalf of the County sustains a loss of personal property,
through no fault of the employee, that employee shall be eligible for
reimbursement for such personal property.
A request for reimbursement must be
submitted by claim to the appointing authority no later than thirty (30)
calendar days from the date of loss.
Management shall review the claim and when circumstances warrant,
reimbursement shall be made.
A.
Claims based on cash losses or losses due to
lost or stolen credit cards shall not be considered.
B.
Claims based on damage to automobiles are
subject to the following provisions. All
four (4) conditions must be met before consideration will be given:
1.
An employee, who drives his/her car incident
to employment, shall have named the County as an additional insured on his/her
automobile insurance policy as of the date the employee sustained the loss of
his/her automobile.
2.
Evidence of the required insurance coverage
must be presented.
3.
Invoice for work completed must be
submitted. Reimbursement is limited to
Two Hundred Dollars ($200).
4.
The damage must have occurred while the
employee was actually using the automobile on authorized County business, away
from the employee’s work place.
C.
No reimbursement shall be granted for losses
covered by some other source, insurance policy or agency.
D.
A maximum limit of Two Hundred Dollars
($200) per incident shall apply to all claims for reimbursement.
E.
No claims for reimbursement for items having
a present value of less than Ten Dollars ($10) shall be considered.
A.
It is understood and agreed that in the
event legislation authorizing a second (2nd) and/or third (3rd)
tier of retirement benefits is enacted during the term of this Agreement, the
County may reinstitute the retirement program study group; and the Union agrees
to participate in said study group. It
is understood that any change in the County retirement program would be subject
to the meet and confer process as defined in Article 36.
B.
The County will make a seven percent (7%)
pick up of the employee portion of the PERS contribution.
It is understood that employees represented
by Union shall continue to be covered by the provisions of the Personnel
Policies & Practices Resolution dealing with Jury or Witness Duty.
To the extent practicable, the County will
attempt to accommodate employees on evening or night shift, who are
involuntarily called to jury duty, by temporarily assigning said employee to
the day shift; so long as such assignment change does not result in a
significant reduction in service levels, or require the payment of overtime to
cover the shift from which the employee was temporarily reassigned.
24.1
Term of Probationary Period
Upon each appointment to a permanent position,
an employee, except as outlined below, shall serve a probationary period of
nine (9) months dating from the date of his/her appointment. During the probationary period, an employee
has no right to appeal and serves at the pleasure of the appointing authority.
Park Ranger classifications shall serve a
one (1) year probationary period.
Employees newly appointed into the job
classes of Communications Dispatcher I, Communications Dispatcher II, and/or
Communications Dispatcher III after August 1, 1991 shall serve a one (1) year
probationary period. During the
probationary period, an employee has no right to appeal and serves at the
pleasure of the appointing authority.
Employees reclassified into a new position
prior to July 1, 1996, shall be required to serve a six (6) month probationary
period. Thereafter, only employees of
the Department of Social Services reclassified into a new position shall be
required to serve a six (6) month probationary period.
Prior to the conclusion of the nine (9)
month probationary period and with approval of the County Administrative
Office, the appointing authority may, for cause, extend the probationary period
upon furnishing the employee with a statement of the reasons for such extension
and the standards that must be met in order for the employee to successfully
complete the probationary period.
During the nine (9) month probationary
period, a minimum of two (2) performance evaluations shall be completed no
later than four (4) and eight (8) months after the initial appointment date.
For those employees serving a one (1) year
probationary period, a minimum of two
(2) performance evaluations shall be completed no later than five (5) and ten
(10) months after the initial appointment date.
An employee who has successfully completed
the probationary period will be eligible for advancement to the next higher
step in a salary range upon completion of one (1) year of continuous service in
his/her class. If the County
Administrator determines that due to an administrative or clerical error or
omission an employee failed to complete probation or to receive a step
advancement on the date on which he/she was otherwise eligible, the employee
shall be removed from probation or advanced one step effective on the date
he/she became eligible.
24.2
Employees Terminated During Probation in a
Promotional Class
The parties reaffirm their understanding
that employees who have been promoted and thereafter are dismissed during
probation in such promotional class, enjoy no procedural or substantive
rights. However, to lessen the impact of
a dismissal on such employees, and so that the skills possessed by such
employees shall be retained, such employees may be returned to their former
class if a vacant position exists in that class. If an employee is not returned to his/her
former class, she/he may elect to follow the procedures outlined in section
26.4 “Reemployment of Employees Laid Off” paragraph 3 of this Memorandum of
Understanding for placement on a preferred eligible list. An employee electing to pursue placement on a
preferred eligible list must notify the Personnel Director of his/her desire to
do so within five (5) working days of notification that she/he will not be
returned to his former class.
The decision to place such a dismissed employee
on a preferred eligible list shall be in the sole, exclusive, and unreviewable
discretion of the County. No action
taken by the County concerning an employee dismissed while serving a
probationary period shall be subject to appeal, review, or to any grievance
procedure or arbitration procedure whether such procedure be contained in this
Memorandum of Understanding, the Personnel Resolution of the County of
Monterey, the Employee Relations Resolution of the County of Monterey, or any
other statute, ordinance, resolution or agreement.
This article shall not impair the liberty
interest rights of any employee.
A grievance is defined as a dispute over the
interpretation or application of this Memorandum of Understanding by an
employee adversely affected thereby, but shall not include the following:
A.
Disciplinary actions as defined herein which
shall be subject to appeal through the procedure Contained in this Agreement
for the appeal of disciplinary actions;
B.
Complaints regarding Affirmative Action,
Occupational Health and Safety, Workers’ Compensation or discrimination
complaints based on age, race, color, religion, sex, national origin, marital
status, ancestry, handicap or sexual orientation or the applicable procedures
for such complaints;
C.
The exercise of any County rights as
specified in this Memorandum, so long as the exercise of such rights does not
conflict with other provisions of this Agreement;
D.
Any impasse or dispute in the meeting and
conferring process, or any matter within the scope of representation;
E.
Any matter for which a different appeals
procedure is provided either by statutes, ordinances, resolutions, or
agreements.
The Union shall be entitled to file a
grievance behalf of an employee adversely affected by a grievable matter.
The Union may file a grievance on its own
behalf only on those matters which pertain to the rights of the Union as an
organization as specified in Article 5 of this Agreement.
25.2
Limited Grievance Procedure Application
An employee shall be entitled to file a
grievance which alleges that the County has failed to provide a specific
condition of employment which is established by the Personnel Policies &
Practices Resolution provided that the enjoyment of such right is not made
subject to the discretion of the department head or the County, and provided
further that the condition of employment which is the subject matter of the
grievance is a matter within the scope of representation as defined in
California Government Code Section 3504.
Such limited grievances may not be appealed to arbitration.
There shall be no restraint, interference,
coercion, discrimination or reprisal against any employee for exercising any
rights under the grievance procedure.
The time limits set forth herein are
essential to the grievance procedure and shall be strictly observed. The time limits may be extended by agreement
of the parties, however, any such extension must be confirmed in writing.
The grievant has the right to promptly
proceed to the next step within the prescribed time limits if the appropriate
management representative fails to respond within the time limits specified.
Failure of the aggrieved employee to file an
appeal within the prescribed time limits for any step of the procedure shall
constitute abandonment of the grievance.
25.5
Grievance Procedure Steps
Step 1
Discussion with Immediate Supervisor
A.
The grievant shall first discuss the
grievance informally with his/her immediate supervisor. The discussion shall be held within fifteen
(15) working days of the action causing the grievance or of the date the action
reasonably could have been expected to be known to the grievant. In no event shall any grievance be accepted
for consideration more than six (6) months from the date of the action causing
the grievance, regardless of the date the action became known to the grievant.
B.
Every reasonable effort shall be made to
resolve the grievance at this level. The
immediate supervisor shall verbally respond to the grievant within five (5)
working days of the informal discussion between the grievant and supervisor.
Step 2 Formal Written Grievance
A.
In the event the employee believes the
grievance has not been satisfactorily resolved, the employee shall submit the
grievance in writing on an agreed to prescribed form to the department head
within ten (10) working days after receipt of the immediate supervisor’s verbal
response. The grievant shall file one
(1) copy with the Human Resources Division.
Such written grievance shall:
1.
Fully describe the grievance and how the
employee(s) was/were adversely affected;
2.
Set forth the section(s) of the Memorandum
of Understanding, allegedly violated;
3.
Indicate the date(s) of the incident(s)
grieved;
4.
Specify the remedy or solution to the
grievance sought by the employee(s);
5.
Identify the grievant and be signed by the
grievant;
6.
Identify the person, if any, chosen by the
grievant to be his/her representative.
B.
No modifications in the basic violation
being alleged pursuant to this grievance procedure shall be made subsequent to
filing of a grievance unless mutually agreed to by both the County and the
grievant or the grievant’s representative.
However, corrections in citations or other clarifying amendments can be
made at any time by the grievant or the grievant’s representative.
The department head or
his/her designee shall hold a meeting with the grievant within seven (7)
working days of the receipt of the appeal.
The department head or his/her designee shall deliver his/her written
decision to the grievant and/or his/her representative with three (3) working
days of the date of the grievance meeting.
The department head’s or his/her designee’s decision shall include the
reasons on which the decision is based and the remedy or correction which has
been offered, if any, to the grievant.
Step
3 Deputy CAO – Human Resources Mediation
A.
If a grievance is not settled at Step 2 of
the procedure, the grievance may be appealed, in writing to the Deputy CAO –
Human Resources or his/her designee within ten (10) working days from the
receipt of the department head’s or his/her designee’s written decision. Said grievance appeal must specifically set
forth the reason the answer(s) previously provided by management is/are not satisfactory. A meeting may be held by mutual agreement of
the parties.
B.
The Deputy CAO – Human Resources or his/her
designee shall hold a meeting with the grievant within seven (7) working days
of the receipt of the appeal. The Deputy
CAO – Human Resources or his/her designee shall deliver his/her written
decision within ten (10) working days of the date of the meeting.
C.
In the event a represented employee chooses
to waive a hearing by the Deputy CAO – Human Resources or his/her designee, the
Union on behalf of the employee shall, within the ten (10) day appeal period,
make a written request to the Deputy CAO – Human Resources or his/her designee
to seek within ten (10) working days the assistance of a mediator from the
State Conciliation Service in an attempt to resolve the grievance. The mediator shall have no authority to
resolve the grievance except by agreement of the Union and the County. In the event the grievance is not resolved,
neither evidence or concessions agreed to or offered during mediation shall be
admissible at the subsequent hearing.
If the grievance is not resolved through
mediation, the Deputy CAO – Human Resources or his/her designee shall issue a
written decision.
A.
If a grievance is not settled at Step 3 of
the procedure, the union and only the union may appeal the grievance in writing
to the County Administrative Officer within ten (10) working days from the
receipt of the Deputy CAO – Human Resources or his/her designee’s written
decision.
B.
The parties shall select a mutually
acceptable arbitrator. The fees and
expenses of the arbitrator; the transcript for the arbitrator; and the court
reporter shall be shared equally by the parties, it being understood and agreed
that all other expenses including, but not limited to, fees for witnesses,
transcripts and similar costs incurred by the parties during such arbitration,
will be the responsibility of the individual party involved.
C.
The decision of an arbitrator shall be final
and binding upon the parties but shall not add to, subtract from, nor otherwise
modify the terms and conditions of this Agreement.
D.
The parties expressly agree that the term of
this section shall expire as of the expiration date of this contract and that
the status quo shall revert to a situation where there is no arbitration of
grievances that occur after the expiration date of this agreement until or
unless a successor agreement is approved by the Board of Supervisors.
The County and the grievant or the
grievant’s representative shall be responsible for giving notice of meetings
and conferences to their representative parties at least twenty-four (24) hours
prior to any meeting regarding a grievance whenever possible.
A.
The employee has the right to the assistance
of one (1) employee representative/job steward in addition to a staff
representative of the Union in the preparation and/or presentation of his/her
grievance in Steps 1 through 4 of this procedure provided, however, that
supervisory employees shall not represent non-supervisory employees.
B.
An employee is also entitled to represent
him/herself individually at any step of the grievance procedure, except in the
arbitration procedure outlined in this Agreement. Only the Union may file for arbitration of a
grievance.
C.
A grievant may not change his/her
designation of representative organization during the processing of a
grievance, except by mutual agreement of the parties.
D.
If the employee is represented in a formal
grievance meeting, the department may also designate a management
representative to be present in such a meeting.
The grievant and his/her representative may
withdraw the grievance at any stage of the grievance procedure by giving
written notice to the County representative who last took action on the
grievance, with a copy to the Human Resources Division.
If a grievance is resolved at Step 2 or 3 in
the procedure as provided herein, the grievant concerned shall indicate
acceptance of the resolution by affixing his/her signature in the appropriate
space indicated. If the employee has
been represented by the Union at the Step of the procedure at which a
resolution is reached, the Union representative shall also sign the appropriate
document acknowledging that the employee has accepted the resolution.
Decisions on grievances where an employee
represents him/herself shall not be considered precedent setting or binding
with regard to any future grievances filed with respect to the same or similar matters.
The County may consolidate grievances,
where, in its discretion, the grievances present substantially similar issues.
The Union may file group grievances at the
second step of the grievance procedure by listing each person who claims to be
adversely affected and all other data required in this article.
The grievant shall be granted reasonable
time off with pay from regularly scheduled duty hours to process a grievance,
provided that the time off will be devoted to the prompt and efficient
investigation and handling of grievances, subject to the following:
A.
Neither a grievant nor a grievant’s
representative who is a county employee shall suffer any lost pay for attending
any regularly scheduled grievance hearing required by the procedure herein set
forth.
B.
A grievant or a grievant’s representative
shall notify their supervisor as soon as possible of scheduled grievance
hearings and of any changes in the time or date of scheduled hearings in which
they must participate.
C.
In no event shall a grievant be represented
by more than one county employee at the grievance hearings.
The County may layoff an employee because of
lack of work, lack of funds, material change in duties or organization, or in
the interest of economy or causes outside the County’s direct control.
The County shall inform Union regarding the
effects of any planned reduction in force or layoffs which will affect a
department’s work force.
The department shall contact the Union and
offer to discuss the possible reduction and to invite suggestions for possible
cost saving alternatives to layoffs. If
alternatives to layoffs are not developed by the time the department determines
a layoff should occur, the procedure outlined in Section 26.2 below shall be
followed.
Departments and employees covered by other
layoff procedures; i.e., Local Agency Personnel Standards, State Merit System,
or Anti-recession Federal Regulations, shall be governed by those procedures.
Layoffs will be determined within County
departments, not the County as a whole.
In the event of a reduction in force in a department, the department
head shall designate the classes, positions, and number of employees to be
eliminated. The department at this time
shall provide the Union with a current seniority list for those employees and
classes affected.
Layoffs shall be made among all
representation unit employees in the same class series within a County
department in the following order:
Temporary employees
Probationary new employees
(excluding promotional probationary employees)
Seasonal employees*
Permanent employees
*Excluding
the Agricultural Department.
No permanent employee within a department
shall be laid off in any class if there are temporary employees in an active
status in the same class within that department.
Layoff shall be by ranking sequence of
employees except as otherwise provided herein.
For purposed of layoff
rank shall be defined as the length of continuous service in a class series as
determined by County personnel records while occupying a permanent position
within the County. Continuous service
for purposes of ranking for layoff shall be defined to include work related
injury leave of up to one (1) year’s duration.
26.2.2
Natividad Medical Center – Temporary Status
Option
A permanent employee of Natividad Medical
Center subject to layoff shall be entitled to assume temporary employee status
in lieu of layoff provided the employee is qualified to assume the duties and
responsibilities of an existing temporary position and class. No new temporary positions shall be created
for the sole purpose of eliminating permanent employees.
26.2.3
Order of Layoff, Exception to Ranking
Sequence
Layoffs of employees
within each category of employment status within a department and within a
class series shall be based on ranking sequence unless it can be demonstrated
that: 1) an employee possesses special
skills, training, or abilities, or 2) the employee’s past job performance or
disciplinary record justifies an alternative ranking, or 3) the employee may
be, by virtue of ranking sequence subject to disparate treatment.
26.2.4
Ranking in Previous Class
A permanent full-time
employee may elect to be ranked with employees in any class in the same
department with the same or lower salary in which the employee has served in
permanent status in the County service.
An employee must notify his/her appointing authority within two (2) days
after receipt of written notice of layoff of election of this option except if
the second day following notice of layoff is not a regularly scheduled work
day, the employee may give notice on the next work day.
26.2.5
Demotion in Lieu of Layoff
In lieu of layoff, the department head may
offer a permanent employee a demotion to any class for which the employee is
qualified. Employees demoted in lieu of
layoff pursuant to this paragraph shall not be eligible for the “Y” rating
procedure. An employee who accepts a
demotion in lieu of layoff shall have the right of restoration to his or her
former class when an opening occurs and his or her ranking sequence warrants
restoration subject to the provisions of Section 26.4 below.
Written notice of layoff shall be served on the affected employees in
person or mailed by the United States Postal service to the employee’s latest
address on file with the County. The
layoff notice shall be served or mailed at least twenty-one (21) calendar days
prior to the expected effective date of separation unless delay results from
consideration of demotion under the provisions of Section 26.2.4.
The notice shall include:
A.
The reason for the layoff.
B.
The effective date of the action.
C.
A reference to the provisions governing
reemployment.
D.
Notice that employment counseling is
available.
A
copy of the notice shall be given to the Union.
26.4
Reemployment
of Employees Laid Off
The names of persons laid off under these procedures shall be
maintained on a departmental recall list for the class series from which the
employee was laid off for a period of one (1) year from the date of
layoff. When using a departmental recall
list to fill a position in a class from which layoffs have occurred within the
one (1) year recall period, the department head shall reemploy laid off
employees from the appropriate departmental recall list in inverse order of
layoff. During the one (1) year recall
period, no new employee shall be hired nor shall any employee be promoted to a
class from which layoffs have occurred until all employees on layoff status in
that class have had the opportunity to return to work.
However, when the best interest of
the County requires an employee with demonstrated special qualifications,
skills or training, or for affirmative action considerations, the department
head may make an exception to the above order of recall to appoint an employee
out of ranking sequence.
Every employee given notice of
layoff may request employment counseling and evaluation in order to determine
those job classes within the County for which the employee meets employment
eligibility requirements and desires to be considered for employment from a
preferred eligible list. Such counseling
and evaluation shall be available by appointment in order of request. Following the counseling and evaluation, laid
off employee’s name shall be placed on a preferred eligible list for each class
designated as a result of the counseling and evaluation. When the Human Resources Division receives a
request to refer applicants to a department for a vacant position in a class
for which there exists a preferred eligible list, the laid off employee on the
list shall be considered for employment prior to any job applicant. A competitive job related selection process
may be used to determine the order in which laid off employees on a preferred
eligible list for a class will be referred for an interview.
A laid off employee may be removed
from the department recall list or a preferred eligible list for any of the
following reasons:
The expiration of one
(1) year from the date of layoff.
Reemployment within the
County.
Failure to accept
employment or report to work.
Failure to appear for a
job interview after notification by telephone or by mail addressed to the
employee’s last address on file with the County.
Failure to respond
within seven (7) days to a communication regarding availability of employment.
Request in writing by
the laid off employee to be removed from the list.
26.5
Status of Employees Reemployed from a
Preferred Eligible List
Employees who are re-employed from a preferred eligible list shall
serve a new probationary period, and otherwise be treated as a new employee
with the following exceptions:
Former employees who are hired from
a preferred eligible list shall be entitled to:
A.
Placement at up to step 5 in the class into
which they are hired provided that the salary upon rehire does not exceed the
salary the employee was receiving at the time of layoff,
B.
Reinstatement of credit for service time (ranking)
as of the date of separation from County service,
C.
Credit for all prior service for the purpose
of determining vacation and sick leave accrual rates, and
D.
Restoration of any sick leave balance
credited to the employee’s account on the date of layoff.
26.6
Restoration
of Benefit for Recalled Employees
Any employee who has been laid off and is hired from a departmental
recall list under the terms of this article within one (1) year from the date
of layoff shall be entitled to:
Restoration of permanent
status for employees who are rehired from a departmental recall list and class
from which they were laid off, and who have completed their probationary
period. For employees who have not
completed their probationary period, credit for that portion which has been
completed shall be given if rehired from a departmental recall list.
Restoration of all sick
leave credited to the employee’s account on the date he was laid off.
Credit for all prior
service for the purpose of determining vacation accrual rates.
Placement in the same
step of the salary range the employee held at the time of layoff.
Reinstatement of credit
for service time (ranking) as of the date of layoff.
Each permanent employee who is
enrolled in the County Health Plan at the time of layoff may, prior to the
effective date of the layoff, elect to enroll in a health insurance conversion
plan offered by our then current health plan administrative carrier. In the event the laid off employee so elects,
the County will pay an amount equal to two (2) times the employee only premium
at the time of layoff toward the cost of the health insurance conversion
plan. The above insurance provision does
not apply to employees who retire coincidental to their layoff.
An employee directly affected by the
operation of this policy may, within five (5) working days after a notice of
layoff is received, request a meeting with a department head or the department
head’s designated representative to review the application of this policy as it
affects the employee’s status. The
employee may be accompanied by a representative of the Union.
The Union, and only the Union, after
making an attempt to resolve the matter informally, may with seven (7) days of
the date of an alleged violation of this policy file a grievance for final
consideration and determination at the department head level in accordance with
the provisions of the grievance procedure in effect between the County and the
Union. A grievance filed in accordance
with this paragraph shall not be subject to Article 26, “Arbitration,” of this
Agreement.
The appointing authority or his/her designee may take disciplinary
action against any employee in the service of Monterey County provided that the
rules and regulations prescribed herein are followed and that any permanent or
seasonal employee who is not on any form of probationary status has the right
to appeal pursuant to this section, except as herein provided. As used in this section, “disciplinary
action” shall mean dismissal, involuntary leave, disciplinary demotion,
reduction in salary, disciplinary review, or written reprimand.
27.2
Notice of Proposed Disciplinary Action
In order to institute disciplinary action the appointing authority or
his/her designee shall serve
notice of the proposed disciplinary action in accordance with the following
procedures.
Except as otherwise provided herein
or when emergency or other special circumstances require immediate action, a notice
of proposed disciplinary action (other than for written reprimands) shall be
delivered to the employee, either personally or by the United States Postal
Service, to the current address listed on the employee’s most recent personnel
action form, no less than five (5) calendar days prior to the effective date of
any punitive action against the employee.
The notice of proposed disciplinary
action shall include the following:
A.
The nature of the disciplinary action;
B.
The effective date of the action;
C.
The causes for the action in ordinary,
concise language with the dates and places thereof, when known;
D.
A statement that identifies the material
upon which the action is based and states that it is available for inspection;
and
E.
A statement advising the employee of his/her
right to respond either verbally or in writing to the appointing authority or
his/her designee imposing the disciplinary action prior to the effective date,
the right to be represented in that response, and that members of the
bargaining unit are represented by SEIU Local 817, and the address and
telephone number of the union office.
27.3
Notice of Implementation of Discipline
In the case of an involuntary leave without pay of three (3) working
days or less or an involuntary leave with pay of twenty (20) working days or
less, the involuntary leave may be imposed by a single notice containing items
A, B, C and D of Section 27.2 above.
This notice shall be delivered to the employee on or as soon after the effective
date of the suspension as possible.
Except as provided above, in order
to implement the proposed disciplinary action or a lesser disciplinary action
based on the same cause(s), a notice of disciplinary action shall be delivered
to the employee, either personally or by the United States Postal Service to
the current address listed on the employee’s most recent Personnel Action form,
on or before the effective date of the disciplinary action.
The notice of disciplinary action
shall contain the information in items A, B, C and D of Section 27.2 above and,
in addition, shall include a statement as to the right of appeal and
representation by a party of his/her own choice and shall include a referral to
the section of this Agreement concerning appeals from disciplinary action and
shall include a statement that members of the bargaining unit are represented
by SEIU Local 817 with the address and the telephone number of the union
office.
An appointing authority or his/her
designee may reprimand an employee by furnishing the employee with a statement,
in writing, of the specific reasons for such reprimand. A copy of notice of the reprimand shall be
given to the Human Resources Division for inclusion in the employee’s personnel
file, and shall not be subject to appeal, but the employee and/or his/her
representative shall have the right to discuss the reprimand with the
appointing authority or his/her designee.
The appointing authority or his/her designee may correct the reprimand,
or notice of reprimand, at his/her discretion.
The employee may submit a written response that shall be placed in
his/her personnel file.
An employee may be placed on
disciplinary review for a specified period of time not to exceed six (6) months
for each such instance with the understanding that should the causes for such
action not be satisfactorily corrected or remedied during the period,
subsequent disciplinary action may be taken.
The six (6) month restriction shall
apply only to managerial imposition of discipline and is not intended to
restrict the ability of a third (3rd) party neutral to invoke a
greater period of disciplinary review.
An employee on disciplinary review
shall serve at the pleasure of his/her appointing authority during such period
of probation.
In the case of an employee serving
disciplinary review, the forfeiture of appeal rights shall extend only to acts
or omissions related to the conditions of such disciplinary review.
27.6
Involuntary Leave Without Pay
Any involuntary leave without pay
invoked as a disciplinary action under this section against any employee in the
County service, whether for one or more periods, shall not exceed sixty (60)
calendar days in any one (1) calendar year; provided, however, that where an
employee is placed on involuntary leave without pay because of criminal
information or indictment filed against such employee, the period of
involuntary leave may exceed sixty (60) calendar days and continue until, but
not after, the expiration of thirty (30) calendar days after the dropping of
charges, or the judgment or conviction or acquittal of the offense charged in
the complaint, or indictment has become final. An
employee placed on such involuntary leave shall forfeit all rights, privileges,
and salary while on involuntary leave.
The sixty (60) days restriction
shall apply only to managerial imposition of discipline and is not intended to
restrict the ability of a third party neutral to invoke a greater period of
involuntary leave.
27.7
Involuntary Leave Pending Investigation for
Disciplinary Action
An appointing authority or his/her designee may place an employee under
his/her control on involuntary leave from his/her position at any time for
reasons of investigation for disciplinary action. Such involuntary leave may be either with or
without pay subject to the limits set forth in Section 27.6 of this article.
Written notice of such involuntary
leave shall be given to the employee as soon as possible but not later than
seventy-two (72) hours after such action is taken. Such involuntary leave is not a disciplinary
action and shall not be subject to appeal unless it, or any portion of it,
subsequently becomes a disciplinary action.
In the event an employee is placed on involuntary leave without pay
under this section and the appointing authority takes not disciplinary action,
he/she shall reinstate the employee to his/her position and restore all rights
and privileges and back pay for the time lost during the involuntary leave.
An appointing authority may reduce
the salary of an employee, for disciplinary reasons, provided that such
reduction shall be to a step within the salary range of the classification of
the position held by the employee. An
employee so reduced in salary shall retain his/her anniversary date but shall
not be eligible for advancement to a higher step in the salary range of his/her
job classification for a period of six (6) months from the date such reduction
in salary became effective.
An appointing authority may demote an employee, for disciplinary reasons, to any position with a lower salary range, provided the employee meets minimum qualifications for the lower-level position. Such demoted employee shall not be eligible for promotion for a period of six (6) calendar months.
The continued tenure of each employee who has permanent status shall be subject to his/her satisfactory conduct and the rendering of efficient service. Should the cause for disciplinary action so warrant, an employee may be dismissed.
27.11 Absence Without Leave Separation
An employee absent from duty for a period which exceeds three (3) working days without authorized leave shall be considered to have abandoned his/her position and to have automatically resigned.
Such resignation shall be rescinded by the appointing authority if the employee can show to the satisfaction of the appointing authority that it was impossible to contact the department of employment, provided the employee contacts the department within five (5) working days of notice of separation under this section through United States Mail.
Any disciplinary action for cause
against a county employee shall not be valid unless the notice of disciplinary
action is served with one (1) year of the date of discovery of the event which
gave rise to the cause of discipline.
Matters of serious nature (e.g., fraud, embezzlement, falsification of
records) shall require written notice to the employee of disciplinary action
within three (3) years after the event which gave rise to the disciplinary
action. Disciplinary action based on
fraud, embezzlement, or the falsification of records shall be valid, if the
notice of such action is served within the three (3) years after the discovery
of such fraud, embezzlement, or falsification.
Nothing herein shall preclude the
County from disciplining an employee for cause which consists of a course of
conduct or history of performance that began more than three (3) years prior to
the notice of disciplinary action. Such
disciplinary and/or performance record of beyond three (3) years shall be used
only to determine the disciplinary penalty to be imposed.
27.13
Appeals from Disciplinary Action
Only permanent employees, or
seasonal employees with more than one (1) year of service, and who are not on
probation, shall have the right of appeal from disciplinary actions other than
written reprimands.
An employee who is eligible to
appeal disciplinary actions under this section, may have other disciplinary
appeal procedures available to them such as, but not limited to, the “LAPS”
(Local Agency Personnel Standards) disciplinary appeal procedure. In such cases the employee must, at the time
of filing of the initial appeal, indicate which appeal procedure he/she is filing
under. This designation of appeal
procedure at the time of filing shall constitute a binding election of that
appeal procedure and an irrevocable waiver and forfeiture of any and all rights
of appeal under any other appeal procedure.
The written notice of appeal must:
A.
State the basis of the appeal and contain a
specific admission or denial of each of the material allegations contained in
the notice of disciplinary action; and,
B.
Be filed with the County Administrative
Officer within ten (10) working days of the effective date of the disciplinary
action; and,
C.
Indicate which of the available appeal
procedures the appeal is being filed under (for instance the LAPS procedure or
the procedures set forth in this Agreement).
Appeals to arbitration shall only be filed
by the Union.
Failure to appeal within the time limit set
forth in this section shall constitute an irrevocable waiver of the right to
process the appeal to arbitration.
Within ninety (90) calendar days of the
receipt of the appeal to the County Administrative Officer the County and the
Union shall agree upon an arbitration hearing date.
The parties shall select a mutually
acceptable arbitrator.
The fees and expenses of the arbitrator
shall be shared equally by the parties, it being understood and agreed that all
other expenses including, but not limited to, fees for witnesses, transcripts
and similar costs incurred by the parties during such arbitration, will be the
responsibility of the individual party involved.
The County and the Union agree that
personnel records are not subject to public inspection.
All personnel records are and remain the
property of the County.
Employees shall have the right to inspect
and review any official record relating to his/her performance as an employee
which is kept or maintained by the County.
When any comment adverse to an employee’s interest is entered in his/her
official personnel records, the employee shall have opportunity to read the
adverse entry.
Notwithstanding any other provision of this
item, County and the Union agree that an employee is not entitled to inspect or
review such documents as reference letters, background investigations, records
pertaining to investigation of a possible criminal offense, or material
designated confidential by law.
At his/her request, an employee shall be
provided one (1) copy of any document placed in the employee’s file except for
employment applications and those documents listed above.
An employee, or a staff representative of
the Union with the prior written consent of the employee, may upon request
inspect that employee’s personnel file during regular business hours by
appointment.
The appointing authority shall keep the
official personnel records of all employees within his/her department.
It is mutually recognized that all
performance related materials contained within an employee’s personnel file may
provide material substance and support to proposed and imposed disciplinary
actions. Nothing in this Agreement shall
preclude the use of any material in an employee’s personnel file from being
used in any proceeding involving the decision of the appointing authority to
take disciplinary action against the employee.
29
REQUEST OR APPLICATION FOR NEW POSITION
The County retains the sole right to
transfer employees from one (1) work site to another. Except when an immediate transfer is
necessary to meet the requirements of the department, employees shall receive
notice five (5) working days prior to the effective date of the transfer.
Employees who desire to be
transferred within their respective job classes to a specific work location
within their own department may submit a written request for transfer to the
appropriate department representative.
Such requests filed hereunder shall be retained for a period of one (1)
year from date of filing and must be renewed if the employee still desires to
be considered for reassignment beyond that date. Management shall respond to the request for
transfer by notifying the employee of the status of their request within ninety
(90) calendar days of its receipt.
When Management contemplates filling
vacancies and/or openings by transferring employees from one work site or
location to a different location, Management will consider the following
criteria:
The overall needs of the
department
Requirements of the job
Ability to perform job
The duration and/or
permanence of the transfer
Length of service with
the department
Effective upon implementation by the
Human Resources Division, when applying for a position for which referrals are
generated through the county clerical referral system, an employee may indicate
department(s) in which he/she is willing and not willing to work. Once an employee has officially applied for a
county clerical position, has passed the required clerical tests, and his/her
application is active in the county clerical referral system, his/her
application shall remain active until one of the following conditions is met:
1)
His/her clerical test results expire
(currently one year from testing date).
2)
He/she withdraws his/her application.
3)
He/she accepts a permanent county position.
4)
He/she fails to respond to, or to accept, an
invitation for a job interview in a department in which he/she has either
indicated that he/she is willing to work or in a department for which he/she
has not indicated that he/she is not willing to work.
5)
He/she has been referred for four (4) job
vacancies in departments in which he/she has indicated that he/she is willing
to work or in departments for which he/she has not indicated that he/she is not
willing to work.
6)
He/she fails to accept an offer of
employment in a department for which he/she has indicated he/she is willing to
work or in a department for which he/she has not indicated that he/she is not
willing to work.
No volunteer program shall have the effect
of displacing any county employee. The
County shall meet with the Union to discuss any county-wide volunteer program
before implementing such a program.
The County and the Union agree to implement
and abide by the provisions of the policy on contracting out which was adopted
on March 23, 1982, and any modifications thereto to which the parties may agree
from time to time insofar as it involves work that has previously been
performed by employees in the unit. It
is further agreed, however, that proposal to contract for work from third
parties that involve labor costs of Sixteen Thousand Two Hundred Fifty Dollars ($16,250)
or less or for leases, lease-backs, lease purchases or other facility
agreements, work required by law to be contracted out, and continuations of
existing contracts are excluded from this section and the County may proceed
with such contracts without notifying the Union.
Grievances alleging a violation of this
policy shall be filed at step three. The
only remedy which may be ordered pursuant to such a grievance is proper
compliance with the policy.
The Board of Supervisors may proceed without
meeting and discussing if circumstances justify urgency action. Advance written notice of six (6) working
days of intention to proceed on such a basis shall be given to the Union prior
to any Board action; provided nothing herein shall hamper the Board’s lawful
exercise of authority under state law in emergency situations.
It is agreed that the use of polygraph
examinations shall be limited to pre-employment background investigations for
any higher level position and investigations in “Criminal Justice” departments
into allegations or charges which, if proven true, may constitute the basis for
criminal charges.
No bargaining unit employee shall be
required to cooperate with, participate in or submit to any polygraph
examinations as a condition of continuing employment except as specified above.
Nothing contained herein shall be construed
to limit the authority of the County to make changes for the purpose of
preparing for or meeting an emergency.
For the purposes of this article, any changes in law or circumstances
that significantly reduce currently existing or anticipated revenue levels,
shall be included within the definition of an emergency. Such emergency actions shall not extend
beyond the period of the emergency.
Whenever practicable, the County will meet
and consult with the Union prior to taking action under the authority of this
section. After taking action under the
authority of this section, the County, upon request, will meet and confer with
the Union over the practical consequences that the emergency action taken had
on those terms and conditions of employment that are within the scope of
representation.
Effective January 1, 1990, employees in all
bargaining unit classes are entitled to a fifteen (15) minute duty free rest
period during each four (4) hours of continuous work.
A rest period shall count at fifteen (15)
minutes of time worked for calculation of pay.
Rest periods may be suspended when unusual
emergency conditions require continuous performance of duties in order to
protect or preserve life or property.
Rest periods may be suspended for up to five
(5) continuous days when short term staffing shortages require continuous work
in order to provide essential services; additional suspension of rest periods
within thirty (30) days due to staffing shortages requires approval by the
Personnel Director.
An employee who does not agree with the
overall rating which he/she receives on his/her written performance evaluation
shall discuss and attempt to resolve the differences with his/her immediate
supervisor.
If discussion with his/her immediate
supervisor does not result in resolution of the differences, the employee may
file a written request to meet with the next level of management. Said request shall state the unresolved
issues and the specific changes in the written performance evaluation which the
employee is seeking. The appropriate
manager shall meet with the employee to discuss the unresolved issues.
If the issues are not resolved to the
employee’s satisfaction following discussion with the appropriate manager, the
employee may within ten (10) working days file a written request for a meeting
with the department head. Within ten
(10) working days of receipt of a written request stating the unresolved issues
and the desired changes in the written performance evaluation, the department
head shall meet with the employee to discuss the issues. Within ten (10) working days of said meeting,
the department head shall respond in writing to the employee. The decision of the department head shall be
final and not subject to the grievance procedure.
The parties to this Agreement recognize and
acknowledge that the services performed by the County employees covered by this
Agreement are essential to the public health, safety, and general welfare of
the residents of the County of Monterey.
Union agrees that under no circumstances will the Union recommend,
encourage, cause or permit its members to initiate, participation, nor will any
member of the bargaining unit take part in, any strike, sit-down, stay-in,
sick-out, slow-down, or picketing (hereinafter collectively referred to as
work-stoppage), in any office or department of the County, nor to curtail any
work or restrict any production, or interfere with any operation of the
County. In the event of any such
work-stoppage by any member of the bargaining unit, the County shall not be required
to negotiate on the merits of any dispute which may have given rise to such
work-stoppage until said work-stoppage has ceased.
In the event of any work-stoppage, during
the term of this Agreement, whether by the Union or by any member of the
bargaining unit, the Union by its officers, shall immediately declare in
writing and publicize that such work-stoppage is illegal and unauthorized and
further direct its members in writing to cease the said conduct and resume
work. Copies of such written notice
shall be served upon the County. In the
event of any work-stoppage the Union promptly and in good faith performs the
obligations of this paragraph, and providing the Union had not otherwise
authorized such work-stoppage, the Union shall not be liable for any damages
caused by the violation of this provision.
The County shall have the right to
discipline, to include discharge, any employee who instigates, participates in,
or gives leadership to, any work-stoppage activity herein prohibited, and the
County shall also have the right to seek full legal redress, including damages,
as against any such employee.
If any section, subsection, paragraph,
clause or phrase of this Agreement is, for any reason, held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Agreement, it
being hereby expressly declared that this document, each section, subsection,
paragraph, sentence, clause and phrase thereof, would have been adopted irrespective
of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared invalid or unconstitutional.
In the event Natividad Medical Center
anticipates a pending merger, sale, closure, leasing assignment, divestiture,
or other transfer of ownership and/or management of its operations in whole or
in part, the Union shall be notified in writing sixty (60) days prior to the
effective date of such action. The
County agrees to arrange a meeting between the successor employer and the Union
for the purpose of discussing a smooth transition of operations, employee
wages, hours, working conditions, and Union recognition. The County also agrees to provide the Union a
list of names and addresses of all Unit member employees.
This Article shall not be subject to the
grievance procedure.
39
PUBLIC EMPLOYEES RETIREMENT SYSTEM
Should all represented miscellaneous
employees agree to holding a two percent (2%) at fifty-five (55) election, the
County agrees to oversee such an election with the assistance of the State
Mediation and Conciliation Service.
In the event the majority of miscellaneous
employees elect a two percent (2%) at fifty-five (55) retirement plan, all
employees will be responsible for any and all costs associated with this
enhanced retirement plan.
40
FULL UNDERSTANDING MODIFICATION, WAIVER
It is intended that this Agreement sets
forth the full and entire understanding of the parties regarding the matters
set forth herein, and any other prior or existing understanding or agreements
by the parties, whether formal or informal, regarding any such matters are
hereby superseded or terminated in their entirety.
Existing matters within the scope of
representation which are not referenced in the Memorandum of Understanding and
which are subject to the meet and confer process shall continue without change
unless modified subject to the meet and confer process. The County assures the Union that unless
changes are warranted by operational necessity it does not intend, nor does it
anticipate, during the term of this Memorandum of Understanding any change,
modification or cancellation of wages, hours, and working conditions which are
subject to meet and confer and which are presently in effect or contained in this
Memorandum.
Except as specifically provided herein, it
is agreed and understood that each party hereto voluntarily and unqualifiedly
waives its right, and agrees that the other shall not be required, although
they may mutually agree otherwise, to negotiate with respect to any subject or
matter covered herein or with respect to any other matter within the scope of
negotiations, during the term of this Agreement.
Any agreement, alteration, understanding,
variation, waiver, or modification of any of the terms or provisions contained
herein shall not be binding upon the parties hereto unless made and executed in
writing by all parties hereto, and if required, approved and implemented by the
County’s Board of Supervisors. The
waiver of any breach, term or condition of this Agreement by either party shall
not constitute a precedent in the future enforcement of all its terms and
provisions.
Click here to see all Side Letter Agreements
SIDE LETTER AGREEMENT
Between Monterey County and SEIU, Local 817,
Representing General and Supervisory Units
GENERAL AND SUPERVISORY UNITS NEGOTIATIONS –
1999
It is understood and agreed that the issue
addressed in this side letter agreement shall not be subject to the grievance
procedure.
County and Union agree, on a trial basis, to
add Section 27.14 to the General and Supervisory Units MOU’s as appears
below. It is understood that this trial
step of the disciplinary appeals procedure is meant to provide a mandatory last
step before arbitration for all disciplinary actions described below. County or Union may cancel this agreement at
any time during the life of this MOU with thirty (30) days advance notice. Unless canceled by either party, this side
letter shall be made part of the J & F Units MOU’s 60 days prior to the expiration
of this agreement.
27.14
Appeal to Review Committee
A.
Disciplinary
actions which may be appealed to Review Committee are:
1)
Involuntary leave without pay
2)
Reduction in salaries
3)
Dismissal
B.
A
written appeal to Review Committee must be received by the Deputy CAO – Human
Resources within ten working days from the receipt by the employee of the
notice of disciplinary action. The
appeal must specifically state the basis of the appeal and contain a specific
admission or denial of each of the material allegations contained in the notice
of disciplinary action.
C.
Within
ten working days of the receipt of a timely appeal, the Deputy CAO- Human
Resources will coordinate scheduling of a Review Committee. Whenever possible, the hearing shall take
place within fifteen working days from the date of receipt of the appeal by the
Deputy CAO – Human Resources. The date
of the hearing will be by mutual agreement among the Review Committee members.
D.
Review
Committee shall have three members:
1)
Chief Administrative Officer or his/her
designee shall serve as Chairperson
2)
County Counsel or his/her designee
3)
Executive Director of SEIU Local 817 or
his/her designee
E.
The
purpose of the Review Committee is to investigate the facts and factor
pertinent to the appeal and to gain all the information necessary to make a
decision. The Review Committee will
interview the employee filing a disciplinary appeal, the supervisor whose
decision to discipline is involved and, if necessary, other persons involved in
the case. Except for good cause to the
contrary, the employee, the employee’s Shop Steward and the supervisor may be
present during fact-finding.
F.
The
proceedings of the Review Committee will have two parts: fact-finding and disposition. After fact-finding, the Committee will move
to disposition, which is private discussion among the three Committee
members. The Union shall be provided
adequate time to consult with the Appellant prior to a vote on disposition.
G.
Disposition
by the Review Committee will have one of two possible outcomes: a unanimous decision or no decision. A unanimous decision shall be in writing and
shall be issued by the Committee Chairperson within ten working days following
the conclusion of the hearing. A
decision that adjusts or modifies the disciplinary action requires a unanimous
decision. A unanimous decision shall be
final and binding. An appeal settled by
unanimous decision may not be referred to arbitration.
H.
Both
the proceedings and the outcome of the Review Committee shall be without
prejudice to County or Union, and shall not be used in the arbitration of the
subject appeal or the disposition of any future appeals.
SIDE LETTER AGREEMENT
Between Monterey County and SEIU, Local 817,
Representing General and Supervisory Units
GENERAL AND SUPERVISORY UNITS NEGOTIATIONS –
1999
It is understood and agreed that the issue
addressed in this side letter agreement shall not be subject to the grievance
procedure.
TELECOMMUTING POLICY
During the term of this agreement, the
Deputy CAO – Human Resources will meet and discuss with SEIU the employees’
interest in a telecommuting policy.
Should the County agree to develop a telecommuting policy, SEIU can
request to meet and discuss the proposed policy with the Deputy CAO – Human
Resources.
ARMED PARK RANGER CLASSIFICATION
During the term of this agreement the
Director of Parks will meet and discuss with SEIU the possibility of the County
developing an Armed Park Ranger classification.
EMAIL USAGE
Within ninety (90) days of the ratification
of this agreement, the Deputy CAO – Human Resources shall issue a County-wide
policy regarding the personal use of email.
The policy will include unit member’s use of email for union business,
as outlined below:
1.
No broadcasting of messages
2.
No confidential or individual-specific
information may be communicated, such as information regarding a disciplinary
action, etc.
3.
Messages may not malign the county, its
employees or officials
4.
Messages may not be used to coordinate any
job actions
5.
Violation of the County’s Email Policy could
result in the permanent revocation of this privilege.
EMPLOYEE TRAINING
During the term of this agreement, SEIU may
appoint three (3) employee advisors to the Executive Director of the Leadership
Institute in the following areas:
1. The development and growth of the Leadership
Institute.
2. The development of employee training programs
that enhance employee career opportunities.
3. To
provide input in to County-wide training programs.
2% @ 55
During the term of this agreement, SEIU may
reopen the agreement for the purpose of discussing a PERS 2% @ 55 election or
any relevant legislation that the County may consider adopting as policy.
RETIREE HEALTH INSURANCE
In reference to Article 14.1, Medical
Insurance, should there be a mutual reopener on health insurance, SEIU may
discuss health insurance for retirees.
SIDE LETTER AGREEMENT
Between Monterey County and SEIU, Local 817,
Representing General and Supervisory Units
GENERAL AND SUPERVISORY UNITS NEGOTIATIONS –
1999
It is understood and agreed that the issue
addressed in this side letter agreement shall not be subject to the grievance
procedure.
Operational Union Access Procedures for NMC
Union Representatives will place a call to
department heads for interviews and contact with SEIU members. Upon entry to any county facility, the Representative
would contact Human Resources person or their designee by regular phone or
in-house phone, to report their presence, with a follow-up call or drop-in upon
exiting. For the delivery of materials
(i.e., ballots, informational flyers, etc.) that do not require more than
cursory contact with members, the Representative will call the Human Resources
Department upon entry or exit of the facility.
In the last year of the current MOU and six
months prior to its expiration, this policy or an alternative policy that has
been mutually agreed upon by County and Union will be made part of Article 5.4
of the MOU.
This Memorandum of Understanding and the attached Side Letters are
agreed to on ______________________________________.
FOR SEIU LOCAL 817 FOR MONTEREY COUNTY
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