MEMORANDUM

 

OF

 

UNDERSTANDING

 

 

 

between the

 

COUNTY OF MONTEREY

 

and the

 

SOCIAL SERVICES UNION LOCAL 535, SEIU

 

 

 

SOCIAL SERVICES UNIT

 

 

 

 

August 1, 1999 TO July 31, 2002


 

 Click here for a printable version in PDF format

 TABLE OF CONTENTS

 

1.  RECOGNITION

2.  TERM AND REOPENER

3.  NO DISCRIMINATION

4.  WAGES

5.  SPECIAL PAY PRACTICES

        5.1  Bilingual Skill Pay

        5.2  Shift Differential

        5.3  Float Pay

6.  SALARY ON CHANGE OF CLASS OR POSITION

        6.1  Change to Higher Class

        6.2  Step Increase and Change of Class

        6.3  Work Out of Classification

        6.4  Change to Lower Paid Class

        6.5  Effective Date of Personnel Actions

7.  SALARY ON TRANSFER

8.  INSURANCE

        8.1  Medical

        8.2  Medical Insurance

                8.2.A  Flexible Benefits Plan

                8.2.B  Alternative Benefit Option

        8.3  Life

        8.4  All Insurance

        8.5  Physical Examinations

9.  HOLIDAYS

        9.1  Holidays Observed

        9.2  Compensation for Holiday Day Worked

        9.3  Holiday Standby Pay

        9.4  Holiday Compensatory Time Use

        9.5  Hospital Employees Holiday Pay

10.  OVERTIME

        10.1  General Provisions

        10.2  Overtime Eligible Employees

        10.3  Overtime Exempt Employees

        10.4  Administration of Fair Labor Standards Act

        10.5  Authorization for Paid Compensatory Time/Leave Social Workers III, IV and V, and Psychiatric Social Workers

11.  HOURS OF WORK

        11.1  Flex-Time

        11.2  Lunch Period

        11.3  Rest Period

        11.4  Call Back

        11.5  Standby

        11.6  Seasonal/Part-Time Positions

        11.7  Reduced Work Schedule

        11.8  10-Hour Break Rule

        11.9  Unscheduled Shift Premium

12.  VACATION

        12.1  Vacation Accrual Rates

        12.2  Vacation Accrual Maximum

        12.3  Vacation Usage

13.  SICK AND FAMILY LEAVE

        13.1  Accrual Rates

        13.2  Sick Leave Payoff

        13.3  Family Sick Leave

        13.4  Parental Leave Maternity Leave

        13.5  Sick Leave Usage

        13.6  Bereavement Leave

14.  GRIEVANCE PROCEDURE

        14.1  Grievance Defined

        14.2  Limited Grievance Procedure Applications

        14.3  Time Limits

        14.4  Grievance Procedure Steps

        14.5  Notice of Meetings

        14.6  Representation

        14.7  Grievance Withdrawal

        14.8  Grievance Resolution

        14.9  Reconsideration

        14.10  Consolidation

        14.11 Processing Grievances

15.  DISCIPLINE

        15.1  Disciplinary Actions

        15.2  Notice of Disciplinary Actions

        15.3  Implementation of Discipline

        15.4  Counseling

        15.5  Reprimand

        15.6  Involuntary Leave Without Pay

        15.7  Involuntary Leave With Pay

        15.8  Suspension Pending Investigation for Disciplinary Action

        15.9  Reduction in Salary

        15.10  Disciplinary Demotion

        15.11  Dismissal

        15.12  Absence Without Leave Termination

        15.13  Rejection From Promotional

        15.14  Statue of Limitations

        15.15  Appeals from Disciplinary Action

16.  ARBITRATION

        16.1  Grievance Arbitration

        16.2  Disciplinary Arbitration

17.  LAYOFF PROCEDURE

        17.1  Policy

        17.2  Procedure

                17.2.1  Layoff Order

                17.2.2  Rank in Class Defined

                17.2.3  Ranking in Previous Classes

                17.2.4  Demotion in Lieu of Layoff

        17.3  Notice

        17.4  Layoff Lists

        17.5  Sick Leave and Vacations

        17.6  Insurance Coverage

        17.7  Appeal Procedure

18.  COUNTY RIGHTS

19.  CONCERTED ACTIVITIES

20.  AGENCY SHOP, DUES DEDUCTION

        20.1  Dues Deduction

        20.2  Agency Shop Service Fee

        20.3  Charity Fee Deduction

        20.4  Petition, Election and Challenge

        20.5  Service Fee as Condition of Employment

        20.6  Forfeiture of Deduction

        20.7  Financial Documentation

        20.8  Hold Harmless

        20.9  Severability

        20.10  Union Orientation

        20.11  Severability

21.  OFFICIAL REPRESENTATIVES, STEWARDS

22.  HEALTH AND SAFETY

23.  PERSONAL PROPERTY REIMBURSEMENT

24.  TRANSFER POLICY

25.  MILEAGE

26.  EXPENSE

27.  TUITION REIMBURSEMENT

28.  PROFESSIONAL LEAVE

        28.1  Professional Leave

        28.2  Continuing Education

        28.3  Licensure Fees

29.  WORKLOAD

        29.1  Target

        29.2  Mitigating Factor

        29.3  Joint Committee

        29.4  Non-Grievable

30.  PRIVATE WORK

        30.1  Prior Consent

        30.2  Department Head Discretion

        30.3  Violation of Conditions

        30.4  Restrictions on Private Work

31.  PROBATION

32.  RETIREMENT

        32.1  Public Employees Retirement System

33.  STATE DISABILITY INCOME PROTECTION PLAN

34.  DEFERRED COMPENSATION

35.  CONTRACTING OUT

37.  SEPARABILITY

38.  FULL UNDERSTANDING, MODIFICATION, WAIVER

 

SIDE LETTER

1.  Total Compensation Wage and Benefit Study

2.  Work Load Study Group

3.  CALWORKS Eligibility Worker Classification Study

4.  Email Usage

5.  2% @ 55

6.  Working Out of Class Responsibilities

This Memorandum of Understanding is entered into by and between the County of Monterey (County) and the Social Services Union, Local 535, Service Employees International Union, AFL--CIO, (Union) as the representative of the Social Services unit as of the date this Memorandum is approved by the County's Board of Supervisors.

The parties agree as follows:

1 RECOGNITION

The County recognizes Social Services Union, Local 535, S.E.I.U., A.F.L.-C.I.O., as the sole and exclusive representative of all permanent employees in the Social Services unit. Such employees shall have full rights to representation in all matters within the scope of representation, (as defined in California Government Code 3500, et sequens), by the Union.

2 TERM AND REOPENER

The term of this Memorandum of Understanding shall be from August 1, 1999, to July 31, 2002, when said Memorandum of Understanding shall expire and be of no further force or effect.

3 NO DISCRIMINATION

The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, ethnic group, national origin, ancestry, religious creed, sex, marital status, age, sexual preference, disability, political belief 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 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, color, ethnic group, national origin, ancestry, religious creed, sex, marital status, age, sexual preference, disability or political belief.

Any party alleging a violation of this article shall have the burden of proving the existence of a discriminatory act(s) and/or proving that, but for such act(s) the alleged injury or damage to the grievant would not have occurred.

Complaints based on race, color, ethnic group, national origin, ancestry, religious creed, sex, marital status, age, sexual preference, or disability shall be processed through County's Discrimination Complaint Ordinance, and shall not be subject to the grievance or arbitration provisions of this agreement.

4 WAGES

Effective with the first pay period following August 1, 1999, the wages of all unit employees shall be increased by five percent (5%).

Effective with the first pay period following August 1, 2000, the wages of all unit employees shall be increased by two and seventy-three hundreds percent (2.73%).

Effective with the first pay period following August 1, 2000, the wages of all Eligibility workers II & III shall be increased by one and eight tenths percent (1.8%).

Effective with the first pay period following August 1, 2001, the wages of all unit employees shall be increased by one and three hundreds percent (1.03%).

Effective with the first pay period following August 1, 2001, a sixth step of five percent (5%) shall be established for all unit classifications.

5 SPECIAL PAY PRACTICES

5.1 Bilingual Skill Pay

The County acknowledges that bilingual cases can be more difficult than other cases. Accordingly, effective November 1, 1989, unit employees who are assigned to a position which has been designated by the department head, with the approval of the Asst CAO - Human Resources, as requiring bilingual skills shall, upon certification of demonstrated proficiency in a language acceptable to the department and the Asst CAO - Human Resources, be paid a bilingual differential.

A unit employee who meets the requirements of the preceding paragraph and, as determined by management, utilizes his/her bilingual skill for an average of less than thirty-three and one-third percent (33 1/3%) of his/her total work time shall receive a bilingual differential of ($21.00) per pay period. Effective October 1, 1994 the differential shall be $22.00 per pay period. Effective first pay period after August 1, 2000 the differential shall be $25.00 per pay period.

A unit employee who meets the requirements of the first paragraph of this sub-article and who, as determined by management, utilizes his/her bilingual skill for an average of more than thirty-three and one-third percent (33 1/3%) of his/her total work time shall receive a bilingual differential of Sixty Two Dollars and Fifty Cents ($62.50) per pay period. Effective October 1, 1994 the differential shall be $63.50 per pay period. Effective first pay period after August 1, 2000 the differential shall be $70 per pay period.

Determination of eligibility for bilingual differential shall be made on a monthly basis using the department's regular bilingual caseload statistics. This determination of eligibility shall be based on the statistics reported for the first full calendar month following the assignment of a full caseload and shall be applied prospectively.

5.2 Shift Differential

Effective September 7, 1991, A shift differential of One Dollar and Fifty Cents ($1.50) per hour shall be paid to all represented employees who, as part of their regular shift, work at least seven (7) hours after 2:00 p.m.

Effective July 25, 1992, the differential shall be one dollar and fifty-five cents ($1.55). A shift differential of Three Dollars ($3.00) per hour shall be paid to employees who, as a part of their regular shift, work at least seven (7) hours after 10:30 p.m. and before 8:00 a.m. Effective July 25, 1992 the differential shall be three dollars and five cents ($3.05).

5.3 Float Pay

Employees in the classes of Psychiatric Assistant and Psychiatric Technician who are regularly assigned to a specific ward or unit shall be paid a float differential of five (5%) percent of his/her base rate of pay for each hour he/she is assigned to float to another ward or unit provided that such float exceeds a minimum of two (2) hours.

6 SALARY ON CHANGE OF CLASS OR POSITION

6.1 Change to Higher Class

The salary of an employee who is promoted or reclassified from one class to another having a higher salary range shall be adjusted to the first step of the new salary range or to the next higher step which provides a minimum of five percent (5%) salary increase. Other provisions of the Personnel Policies and Practices Resolution notwithstanding, it is the intent of the Board of Supervisors that employees receive an increase of not less than five percent (5%) or step 5, whichever is less as a result of a promotion or reclassification to a higher salary range.

If the employee was paid at a Y-rate above the fifth step of the lower class, the five percent (5%) minimum increase shall not apply. Instead, the employee's salary shall be adjusted to the lowest step in the range of the higher class, which provides an increase in salary.

6.2 Step Increase and Change of Class

In the event that a promotion, reclassification or salary adjustment is to be effective on the same date that an employee is eligible for consideration for a step increase, he/she shall first receive the step increase, if approved.

6.3 Work Out of Classification

In order for an employee to receive working out of class pay all of the following criteria must be met:

1. 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.

2. The assignment must be to a vacant permanent position or to a permanent position whose incumbent is absent from work.

3. The assignment must be for over twenty (20) consecutive working days.

4. 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.

6.4 Change to Lower Paid Class

When an employee covered by the provisions of this agreement is demoted or his/her position is reclassified to a class having a lower salary range, the appointing authority may:

A. Assign the employee to a step in the new (lower) range which is equal to or lower than the salary rate the employee was receiving in the old (higher) class; or

B. Place the employee at a Y-rate. Under Y-rate, the employee's Y-rate salary (current salary) stays in effect until either:

1) The range of the new (lower) class is increased, causing the step (immediately below the employee's Y-rate salary) to meet or exceed the employee's Y-rate salary; in which case the employee will be placed in that step; or

2) The employee's step eligible date occurs, in which case the employee will be moved to the next higher step in the range of his/her new class which is above the Y-rate salary.

Having now been assigned to a step in the new (lower) classification, the employee will be advanced to the next step as provided in the sections of the Salary and Benefits Resolution governing step advancements, demotions and reclassifications.

6.5 Effective Date of Personnel Actions

Promotions, demotions, reclassifications, transfers, changes in normal hours worked, additional or deletion of pay differentials and changes in status shall be made effective only at the beginning of a pay period unless the County Auditor-Controller, after receiving a statement of necessity from the appointing authority, approves another effective date.

7. SALARY ON TRANSFER

An employee who is transferred from one position to another in the same class or to another class having the same salary range may upon the approval of the appropriate appointing authority be compensated at the same step in the salary range as he/she previously received and retain the same eligibility date for advancement to the next higher step.

8 INSURANCE

Section 8.1 Medical

This section shall expire on December 31, 1999.

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:

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.

 

A. Monterey County Employee Health Insurance Plan

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 $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.

A. 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 $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 $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 this option shall be subject to the guidelines attached as a side letter to this Memorandum of Understanding.

County and Union may, by mutual agreement, agree to reopen this Article and meet and confer regarding its terms and conditions at any time during the term of this MOU.

8.2 Medical Insurance

This section replaces section 8.1 effective January 1, 2000.

The current self-funded Preferred Provider plan will continue to be offered through December 31, 1999. The current self-funded Preferred provider plan will be terminated at midnight, December 31, 1999.

Effective January 1, 2000, the County will provide medical insurance through the Public Employees' Retirement System (PERS) medical insurance program. All rules, regulations and procedures with respect to plan eligibility, benefits, claims payments and customer service procedures, etc for the CalPERS plans are established by CalPERS. The County makes no representations or guarantees whatsoever with respect to the CalPERS health insurance plans.

The current Monterey County Employee Health Plan (MCEHP) will continue to be offered. County reserves the right to determine the continuing viability of the plan. Should the County determine, at its discretion, that the plan is no longer financially viable, the County shall provide the employees and employee organization sixty (60) days notice in which the County will provide open enrollment for Cal PERS.

Permanent unit employees who are regularly scheduled to work 40 hours or more in a pay period will be eligible to participate in any of the County's health insurance programs.

Retired employees, dependent upon group coverage conditions, may be eligible for group health care coverage. If a retired employee meets all eligibility requirements and requests health insurance coverage, effective January 1, 2000, the County will contribute sixteen dollars ($16) toward the monthly premium for eligible retirees enrolled in either MCEHP or a PERS health insurance program

8.2.A. Flexible Benefits Plan

1) General Provisions

On January 1, 2000 (effective the paycheck of December 24, 1999) the County will make available a Flexible Benefits Plan to all employees. Employees may elect from the following optional benefits:

        Employee medical coverage under MCEHP or CalPERS

        Dependent medical coverage under MCEHP or CalPERS

        No medical coverage

        Employee dental coverage under the County's self-funded plan

        Dependent dental coverage under the County's self-funded plan

        No dental coverage

        Employee vision coverage under VSP

        Dependent vision coverage under VSP

        No vision coverage

        Any other eligible optional benefits which may be made available by the County through this Flexible Benefits plan

B. Additional Payroll Deduction

For each month when the benefit options selected by the employee under this plan exceed the appropriate County non-elective and elective contributions for that employee, that employee shall pay by pre or post-tax payroll deduction the full cost (100%) which exceeds the County's contributions for that employee.

C. In-Lieu Payout

For each month that the full County non-elective and elective contributions are not used by an employee to obtain benefit options under this plan, the full amount of funds not utilized shall be forfeited.

D. Flexible Benefits Plan Administration

The provisions, rules and regulations governing the administration of the Flexible Benefits Plan are contained in the Flexible Benefits Plan document. Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The County and the union agree that the County shall have discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The County may add or remove benefit options to or from this plan during the term of this agreement, subject to the obligation of the parties to meet and confer only over the impact of such changes. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing I.R.S. Section 125 benefit plans, is no longer available by vendor, or becomes insolvent.

E. 2)County Non-Elective Contributions

The County maximum non-elective contributions toward the Flexible Benefits Plan will be as indicated below.

The County shall not contribute any non-elective amounts toward the employee's purchase of any other optional benefits which may be provided by the County through the Flexible Benefits Plan.

Employees shall not have the option of using the non-elective contributions for any other purpose other than for purchasing employee health, employee dental and employee vision insurance. Non-elective contributions not used to purchase employee health, dental and vision insurance will be forfeited.

Health Insurance Contribution:

Effective with the paycheck deduction of December 24, 1999, the County's maximum non-elective contribution to the Flexible Benefits Plan for health insurance coverage will be $16.00 monthly.

Dental Insurance Contribution:

The County's maximum non-elective contribution to the Flexible Benefits Plan for dental coverage will be equal to the cost of the employee only premium monthly for all eligible permanent employees. During the term of this contract, should the dental (employee only premium) non-elective contribution/premium increase, the County will pay the increase. Should, during the term of this contract, the non-elective contribution/premium for dental (employee only premium) decrease, the County shall retain the savings from the decrease.

Vision Insurance Contribution:

The County's maximum non-elective contribution to the Flexible Benefits Plan for vision coverage will be equal to the cost of the employee only premium monthly for all eligible permanent employees. During the term of this contract, should the vision (employee only premium) non-elective contribution/premium increase, the County will pay the increase. Should, during the term of this contract, the non-elective contribution/premium for vision (employee only premium) decrease, the County shall retain the savings from the decrease.

3) County Elective Contributions

The County maximum monthly elective contribution to the employee's Flexible Benefits Plan spending fund will be as follows for full-time, permanent unit employees and part-time, permanent unit employees who are scheduled to work a minimum of forty (40) hours, but less than sixty-four (64) hours:

Full Time Part Time

Employee Employee

Elective Contribution Elective Contribution

Employee only $247 $124

Employee plus one $447 $224

Employee plus family $447 $224

The elective amounts above may be applied toward medical, dental and/or vision coverage for the employee and dependents. Any future increases in health insurance premiums that exceed the County's elective contribution will be paid by the employee through salary deduction.

Any balance of elective funds remaining after the employee elects health insurance may be utilized, at the employee's discretion, toward the purchase of dependent health, dependent dental, or dependent vision insurance and/or any other eligible optional benefits which may be made available by the County through this Flexible Benefits plan. The use of any elective contributions toward the purchase of the benefits stated above is subject to the employee first selecting employee health insurance coverage under either MCEHP or PERS.

8.2.B 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 $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 $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.

Employees choosing the ABO option cannot apply ABO benefit dollars towards options under the Flexible Benefits Plan.

Administration of this option shall be subject to County guidelines.

County and Union may, by mutual agreement, agree to reopen this Article and meet and confer regarding its terms and conditions at any time during the term of this MOU.

8.3 Life

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.

8.4 All Insurance

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 claims insurance administrator after prior consultation with the Union. Changes in insurance carriers or administrators shall not result in any overall reduction in benefits.

SEIU Local 535 shall have two voting members on the Health Insurance Review Committee. The HIRC committee is an advisory body to the County Administrative Officer; its primary function is to review and discuss information pertinent to the operation of the County's health plans and make recommendations thereon.

8.5 Physical Examinations

Permanent full-time employees in unit K 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.

9 HOLIDAYS

9.1 Holidays Observed

The days listed below shall be the only holidays observed during the term of this memorandum as legal holidays. No additional holidays may be established by past practice or custom: however, the County may authorize additional holidays by resolution of the Board of Supervisors.

January 1 - New Years Day

January 15 - Martin Luther King JR's Birthday

Third Monday in February - President's Day

Last Monday in May - Memorial Day

July 4 - Independence Day

First Monday in September - Labor Day

November 11 - Veteran's Day

Fourth Thursday in November - Thanksgiving

Fourth Friday in November - Day after Thanksgiving

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. When December 24th actually falls on a Monday, Tuesday, Wednesday or Thursday, Christmas Eve shall be observed as a full County holiday. For those not working a Monday through Friday schedule, they will receive the same holiday benefits.

9.2 Compensation for Holiday Day Worked

Permanent, or permanent part-time, or seasonal employees who work on a holiday shall, in addition to their regular rate of pay, be entitled to either (a) compensatory time off on an hour-for-hour basis for up to eight (8) hours, or (b) straight time pay on an hour-for-hour basis for up to eight (8) hours. Choice of comp time or pay shall be at the employee's discretion, provided an employee indicates his/her choice in writing to management prior to working a holiday.

9.3 Holiday Standby Pay

Department of Social Services employees shall receive standby pay when on standby on a holiday, in addition to the regular holiday pay.

9.4 Holiday Compensatory Time Use

The County shall make a reasonable effort to schedule holiday compensatory time off within sixty (60) days of the holiday at a time mutually agreeable to both the County and the employee. If no mutually agreeable time is found within sixty (60) days, the County may schedule the time off.

9.5 Hospital Employees Holiday Pay

All overtime eligible employees at Natividad Medical Center in the social services bargaining unit 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

10 OVERTIME

10.1 General Provisions

The County will attempt to schedule bargaining unit employees to a normal work week of forty (40) hours, but the county does reserve the right to set work schedules in its discretion.

Overtime shall be required and scheduled at the option of the County.

Overtime shall be defined as time actually worked in excess of forty (40) hours in a work week beginning 12:01 a.m. Saturday and ending 11:59 p.m. Friday, except for employees opting to work a 9/80 or flex schedule and except for employees of Natividad Medical Center. Overtime for employees of Natividad Medical Center shall be defined as time actually worked in excess of eighty (80) hours in a pay period.

For the purposes of this article, paid holiday, vacation, and compensatory time-off hours shall be considered as hours worked for the purpose of determining overtime.

10.2 Overtime Eligible Employees

If required and scheduled by management and if all other requirements for overtime pay are satisfied, an employee in an overtime eligible class shall be compensated at the rate of one and one-half (1-1/2) times the basic salary rate of the employee.

Compensation for overtime shall be in the form of compensatory time off (CTO) which time may be accumulated to a maximum of eighty (80) hours. Management may consider the employee's preference for payment prior to the accumulation of eighty (80) hours. When an individual employee has accumulated eighty (80) hours of unused CTO, then that employee shall be paid for any further overtime at the rate of one and one-half (1-1/2) times the employee's basic salary rate.

Compensatory time off will be scheduled with mutual agreement between the supervisor and the employee. Once an employee has accumulated seventy-two (72) hours of compensatory time off if no agreement is reached, the County reserves the right to require and schedule compensatory time off.

10.3 Overtime Exempt Employees

Employees who are not in overtime eligible classes shall not receive compensation for overtime, 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 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 section 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.

10.4 Administration of Fair Labor Standards Act

It is recognized that during the course of this agreement, Congress and/or the courts may extend or extinguish coverage of the Fair Labor Standards Act (FLSA) to employees of this unit. It is agreed that the County may make such changes in personnel policies, this agreement, or departmental rules as in its determination may be necessary to comply with the provisions of the Act or rules and regulations promulgated by the Department of Labor in its interpretation and enforcement of the Act, provided that the County has first notified the Union of the proposed changes and offered to discuss the proposed changes with the Union.

It is further agreed that should the FLSA cease to apply to employees of this unit the County may, after giving the Union notice and an opportunity to respond, rescind any and all changes to the overtime provisions and practices that were made solely in order to comply with the FLSA and return those provisions and practices to their status as of April, 1985.

The change may not be made effective until twenty-one (21) days after notice has been given to the Union.

The County agrees to observe all requirements of the Fair Labor Standards Act regarding the compensability of travel time as work time.

10.5 Authorization for Paid Compensatory Time/Leave Social Workers III, IV and V, and Psychiatric Social Workers

Employees in the classifications of Social Worker III, IV, V and Psychiatric Social Workers shall be eligible for paid compensatory time or leave for hour-for-hour worked overtime that has been pre-approved by the appointing authority. Upon mutual agreement between the employee and supervisor, overtime worked may be flexed off on an hour-for-hour basis within the same pay period. Hours not flexed off will be paid on an hour-for-hour basis. Overtime for such employees shall be defined as time worked in excess of eighty (80) hours in a pay period.

11 HOURS OF WORK

11.1 Flex-Time

Department heads shall accept, review and discuss proposals for flexible work schedules submitted by the Union. Changes in work schedules may be made on an office, work unit, or individual basis after consultation with the affected employee or employees and approval by the Director. Except in cases where administrative necessity requires a more immediate change, changes in schedules made by the employer shall be implemented after fifteen (15) working days notice to the affected employee(s). The County agrees to notify the Union of the intended changes and upon request meet with the Union to discuss the change prior to the 15 day notice to the employee. Changes in schedules requested by the employee and approved by the Director may be implemented with less than the fifteen (15) working day notice if mutually agreed upon.

It is understood and agreed that individuals have no vested right to any particular work schedule and that work schedules may be changed, subject to the time restrictions noted above, at the discretion of management.

11.2 Lunch Period

Workers shall be granted a meal period of not less than thirty (30) minutes nor more than sixty (60) minutes scheduled at approximately the mid-point of the work day. Mealtime shall not be compensated time.

11.3 Rest Period

All workers will be granted a rest period of fifteen (15) minutes during each half shift of four (4) hours work. Rest periods shall be considered as time worked for pay purposes. In the event a rest period is not allowed or taken, the worker is not permitted to leave early nor receive any form of extra compensation.

11.4 Call Back

Any worker who is directed by management to return to his/her work assignment after departure from his/her work location shall, upon returning to work, receive a minimum of two (2) hours work. Any worker called by telephone or called out while on standby shall receive a minimum of one (1) hour pay.

11.5 Standby

Those employees who are placed on standby duty in accordance with rules and procedures established by the county for such duty shall be paid at the rate of Four Dollars and Twenty-Five cents ($4.25) per hour effective October 1, 1994. While it is understood that the County has the sole authority to change the rules and procedures by which standby is administered, no substantive changes in said rules and procedures will be implemented without notification and an opportunity to respond to the Union. No employee shall be paid for standby duty time and other compensable duty time simultaneously. Time actually worked while on standby duty will be compensated at the rate of one and one-half (1) times their regular rate of pay.

11.6 Seasonal/Part-Time Positions

Workers shall have the right to apply for seasonal and part-time jobs whenever possible and shall be allowed such assignments at the department head discretion.

11.7 Reduced Work Schedule

Employee may submit requests to reduce their work schedules. Such requests will be considered by the department head or his/her designee and may be granted at the discretion of the department head.

11.8 10-Hour Break Rule

Permanent employees at Natividad Medical Center who are assigned to work a second shift without a ten (10) hour break between shifts shall be paid a premium rate equal to one and one-half (1) times their basic rate of pay for hours worked in the second shift.

Crisis intervention specialists at NMC who are assigned to work a second shift without a ten (10) hour break between shifts shall be paid straight time on an hour for hour basis up to eight (8) hours.

The ten (10) hour break rule shall not apply to: a) hours worked on call back when an employee has been on standby duty under the provisions of subsection 11.5 above; b) hours worked on an employee's regular shift in cases where the additional time worked prior to the regular shift was for three (3) hours or less.

11.9 Unscheduled Shift Premium

When a permanent employee at NMC is called in to work a previously unscheduled shift with less than twenty-four (24) hours of notice, that employee shall be paid at a premium rate equal to one and one-half (1) times their basic rate of pay

12 VACATION

12.1 Vacation Accrual Rates

A. For employees appointed to a permanent position prior to January 21, 1984, the following vacation schedule shall continue to apply:

0-10 years of service period 4.62 hours per pay period (15 days per year)

Over 10 years of service 6.16 hours per pay period (20 days per year)

B. For employees appointed to a permanent position after January 20, 1984, the following vacation schedule shall apply:

0-2 years of service 3.70 hours per pay period (12 days per year)

Over 2 years & up to
5 years of service 4.62 hours per pay period (15 days per year)

Over 5 years & up to
10 years of service 5.54 hours per pay period (18 days per year)

After 10 years of service 6.16 hours per pay period (20 days per year)

C. Effective January 1, 1990, the following vacation schedule shall be added to the schedules presented above:

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)

12.2 Vacation Accrual Maximum

Unused vacation may be accumulated to a total of not more than two hundred sixty (260) hours. Employees with two hundred and forty (240) hours of accrued vacation may cash out up to forty (40) hours once in a calendar year.

12.3 Vacation Usage

A vacation shall be taken in increments of not less than one-half (l/2) hour and at such time during the calendar year as may be approved by the appointing authority

13 SICK AND FAMILY LEAVE

13.1 Accrual Rates

All unit employees hired prior to October 25, 1986 shall accrue sick leave at the rate of approximately twelve (12) days per year.

Employees hired after October 24, 1986 shall earn sick leave at the rate of approximately ten (10) days per year.

13.2 Sick Leave Payoff

Upon retirement or death an employee shall be paid for up to 500 hours of their accumulated sick leave.

Effective January 1, 1998, 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.

13.3 Family Sick Leave

Employees may also be granted use of accumulated sick leave by their appointing authority because of illness of the employee's father, mother, brother, sister, wife, husband, child, grandparent, or grandchild, provided in the judgment of the appointing authority an emergency condition exists. In exceptional cases, such leave may be granted in the event of illness of an employee's father-in-law or mother-in-law when it can be demonstrated that a bona fide illness exists which warrants the employee's personal attendance during his/her normally scheduled working hours.

The appointing authority may require a physician's certificate or other substantiating evidence that such illness of one of the above listed family members exists. Family sick leave absence by an employee shall be limited to ten (10) working days in any fiscal year. An employee may request a leave of absence without pay in the event of the substantiated catastrophic illness of any above listed family member which requires the employee's absence for more than ten (10) working days in any fiscal year.

13.4 Parental Leave Maternity Leave

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 months regardless of whether or not said employee has used all accrued sick and vacation 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 or foster child.

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.

13.5 Sick Leave Usage

Sick leave shall be taken in increments of not less than one-half (l/2) hour. Sick leave with pay may be granted by the appointing authority in case of bona fide illness of an employee. An appointing authority or the administrative officer may require evidence as to the adequacy of the reason for an employee's absence during the time for which sick leave is requested only if there appears to be a pattern of sick leave abuse.

13.6 Bereavement Leave

Accumulated sick leave shall be granted by the appointing authority because of the death of a father, mother, brother, sister, spouse, child, foster child, grandparent or grandchild. Such absence by the employee shall be limited to five (5) working days per occurrence. At the discretion of the appointing authority, such leave may be granted because of the death of a father-in-law, mother-in-law, daughter-in-law, son-in-law, step father, step mother, step daughter, step son, step brother or step sister. As a condition of granting leave for bereavement purposes, the appointing authority may request written verification of the loss.

14 GRIEVANCE PROCEDURE

The purpose of the grievance procedure is to provide an orderly method for the resolution of a grievance. There shall be no restraint, interference, coercion, discrimination or reprisal against any employee for exercising any rights under the grievance procedure.

14.1 Grievance Defined

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 action which shall be processed in accordance with Article 15, Section 15.16, titled "Appeals from Disciplinary Action."

B. Complaints regarding affirmative action, occupational health and safety or workers' compensation or the applicable procedures for such complaints.

C. Any impasse or dispute in the meeting and conferring process or any interest dispute on matters within the scope of representation.

D. Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements, except as specifically provided below.

E. The exercise of any of the management rights as set forth in this agreement so long as the exercise of such rights does not conflict with other provisions of this agreement.

14.2 Limited Grievance Procedure Applications

The Union may file a grievance on its own behalf only on the following matters:

A. Those matters which pertain to the rights of the Union as an organization specified in this agreement, such as dues deduction.

B. The application of the procedures for removing recognition specified in the current Employee- Employer Relations Resolution as they may be applied to the Union. Application of procedures is distinguished from the specific decisions, which may be reached for the purposes of this section.

Grievances may also be filed and processed up to Step 4 of the grievance procedure on the following items only. Grievances on the matters listed below may not be appealed to arbitration.

C. 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 Salary and Benefits 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.

D. An employee shall be entitled to file a grievance which alleges a violation of Resolution No. 76-56, which sets forth the County's Equal Employment policy.

E. The Union shall be entitled to file a grievance on behalf of an employee adversely affected by a misinterpretation and misapplication of the terms of this Memorandum, except as excluded in A-E of Section 14.1 above.

14.3 Time Limits

A. It is agreed that the time limits set forth herein shall be strictly observed and are essential to the grievance procedure. They may be waived or extended only by mutual agreement of the parties confirmed in writing.

B. If at any stage of the grievance procedure the employee is dissatisfied with the decision rendered, it shall be the grievant's responsibility to submit the grievance to the next designated level within the time limits set forth.

C. Failure to submit the grievance within the time limits imposed shall terminate the grievance process and the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.

D. 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.

14.4 Grievance Procedure Steps

Step 1

A. The grievance shall first be discussed on an informal basis by the aggrieved with his/her immediate supervisor within fifteen (15) working days from the date of the action causing the grievance or the date the action reasonably could have been expected to be known to the grievant, except that 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. The grievant may be accompanied by a representative in the discussion of a grievance at the first step of the procedure.

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 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 the agreed to prescribed form to the supervisor 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. If the grievance is not presented within the time limitations provided herein, it shall be deemed not to exist. 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, except as specified in Section 14.2C, Limited Grievance Procedure Application, in which case the union official responsible for filing the grievance shall sign.

6) Identify the person, if any, chosen by the grievant to be his/her representative.

B. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall:

1) Meet with the grievant to discuss the grievance at the request of either party (i.e., the grievant, the grievant's representative or the supervisor),

2) Deliver, within three (3) working days following the meeting, if held, or, if no meeting was held, within ten (10) working days of the receipt of the grievance, his/her written decision to the grievant and his/her representative.

Any grievance settled at this step shall be subject to the review and confirmation of the respective department head before the settlement may become effective. Such review will occur within five (5) working days or the grievance will automatically be moved to Step 3. In the event the department head does not confirm the settlement, the grievant may initiate Step 3 of this procedure.

Step 3 Department Head

If a grievance is not settled at the prior step of this procedure, or an answer is not forthcoming from the immediate supervisor, the grievance may be appealed within ten (10) working days to the department head. Said grievance appeal must specifically set forth the issues still unresolved and the reason the answer(s) previously provided by management are unsatisfactory. If requested by the grievant and/or his/her representative at the time of filing the grievance appeal, a meeting will be held within seven (7) working days of the filing of the appeal. The department head's written decision shall be issued within three (3) working days of the date of the grievance meeting, if a meeting was held, or within ten (10) working days of the receipt of the grievance appeal in cases in which a meeting is not held.

Step 4 Asst CAO - Human Resources

In the event the employee believes his/her grievance has not been satisfactorily resolved, he/she shall submit the grievance in writing to the Asst CAO - Human Resources within ten (10) working days from the receipt of the department head's written response. Said grievance appeal must specifically set forth the issues still unresolved and the reason the answer(s) previously provided by management are unsatisfactory. A meeting of the parties may be held by mutual agreement of the parties.

Within ten (10) working days from receipt of the grievance, the Asst CAO - Human Resources shall deliver his/her written decision to the grievant and his/her representative. Said decision shall be final and binding except as provided in the article titled "Arbitration."

In the event the Union wants to request arbitration of the decision of the Asst CAO - Human Resources, it shall, within ten (10) working days, send a written notice to the Asst CAO - Human Resources. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration.

14.5 Notice of Meetings

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.

14.6 Representation

A. The employee has the right to the assistance of one employee representative/shop 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. A Union steward selected as a representative in a grievance shall be afforded all the rights, privileges and obligations in accordance with Article 21 entitled "Official Representatives, Stewards."

B. The Union shall be afforded the opportunity to participate in the formal grievance meeting concerning a matter that directly involves the interpretation or application of the specific terms and provisions of this agreement.

C. An employee is also entitled to represent him/ herself individually at any step of the grievance procedure, except in the arbitration procedure in Article 16 of this agreement. Only the Union may file for arbitration of a grievance.

D. A grievant may not change his/her designation of representative organization, during the processing of a grievance except by mutual agreement of the parties.

E. 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.

14.7 Grievance Withdrawal

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.

14.8 Grievance Resolution

If a grievance is resolved at Step 2, 3 or 4 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 in 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.

14.9 Reconsideration

By mutual agreement, the parties may revert the grievance to a prior level for reconsideration. If the grievance is not then settled at the prior level, the grievant shall continue to have the rights set forth in this procedure.

14.10 Consolidation

Employees with essentially identical grievances, including remedy, may initiate a single grievance. Employees with essentially identical grievances and remedies may be required, at the County's discretion, to consolidate to a single proceeding at Steps 3 and 4 of this grievance procedure.

14.11 Processing Grievances

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 loss of pay for attending any regularly scheduled grievance hearing required by the procedure herein set forth.

B. A grievant or a grievant's representative shall not use work hours for the preparation of a grievance.

C. 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.

D. In no event shall a grievant be represented by more than one County employee at the grievance hearings except as provided in the paragraph titled "Official Representatives, Stewards.

15 DISCIPLINE

15.1 Disciplinary Actions

The appointing authority 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 employee pursuant to this article and only as herein provided has the right to appeal. As used in this section, "disciplinary action" shall mean dismissal, involuntary leave without pay, disciplinary demotion, reduction in salary, or formal written reprimand.

15.2 Notice of Disciplinary Action

In order to institute disciplinary action, the appointing authority or his/her designee shall serve notice of the 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 formal reprimand) shall be delivered to the employee, either personally or by 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 a statement that members of the bargaining unit are represented by the S.E.I.U. LOCAL 535 and the address and telephone number of the Union business office.

15.3 Implementation of Discipline

Except for employees covered by Local Agency Personnel Standards (LAPS), in the case of a suspension without pay of three (3) working days or less or a suspension with pay of twenty (20) working days or less, the suspension may be imposed by a single notice containing items A, B, C and D above and a statement that the employee has the right to respond to the appointing authority. 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 United States mail, 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 above and, in addition, shall include: a statement as to the right of appeal and representation by a party of his/her own choice; by attachment the section of this agreement concerning appeals from disciplinary action; a statement, when applicable, of the right to appeal to the state personnel board pursuant to the LAPS appeal procedures; and a statement that members of the bargaining unit are represented by S.E.I.U., Local 535 and the address and telephone number of the Union business office.

15.4 Counseling

In the event that a worker's performance or conduct is unsatisfactory or needs improvement, informal counseling shall be provided when determined to be appropriate at the sole discretion of the worker's first level supervisor. Documentation of such counseling shall be given to the worker. If such documentation is placed in a worker's file, the worker shall have the right to have a written response placed in his/her personnel file. When appropriate, counseling shall accompany any reprimand. Disciplinary action shall not be precluded should counseling not occur.

15.5 Reprimand

An appointing authority may reprimand an employee by furnishing him/her with a statement, in writing, of the specific reasons for such reprimand. A copy of notice of the reprimand shall be given to the Asst CAO - Human Resources for inclusion in the employee's personnel file and shall not be subject to appeal, but the employee shall have the right of rebuttal. The appointing authority may correct the reprimand or notice of reprimand at his/her discretion and shall provide written notice of any correction to the employee.

15.6 Involuntary Leave Without Pay

Any involuntary leave without pay invoked as a disciplinary action under this section against an employee in the classified service, whether for one or more periods, shall not exceed ninety (90) calendar days in any one (1) calendar year; provided, however, that where a involuntary leave without pay is made because of criminal information or indictment filed against such employee, the period of involuntary leave without pay may exceed ninety (90) 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. Employees suspended shall forfeit all rights, privileges and salary while on such involuntary leave without pay.

15.7 Involuntary Leave With Pay

Notwithstanding other provisions of this section, an employee may be suspended 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.

15.8 Suspension Pending Investigation for Disciplinary Action

An appointing authority may suspend an employee under his/her control from his/her position at any time for reasons of investigation for disciplinary action. Such suspension may be either with or without pay subject to the limits set forth in Sections 15.7 and 15.8 of this Article.

Written notice of such suspension shall be given the suspended employee as soon as possible but not later than seventy-two (72) hours after such action is taken. Such suspension 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 any employee is suspended without pay under this section and the appointing authority takes no 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 suspension.

15.9 Reduction in Salary

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 their reduction in salary became effective.

15.10 Disciplinary Demotion

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.

15.11 Dismissal

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.

15.12 Absence Without Leave Termination

An employee who is on unauthorized leave may be terminated following notification of such contemplated action to the employee's last address of record.

15.13 Rejection from Promotional

With the exception of those employees who are covered by local agency personnel standards, a permanent employee who fails to pass his/her probationary period following a promotion to a higher class may, at the sole discretion of the appropriate department head(s), be returned to a vacancy in his/her previous job class within one (1) year of the termination of his/her promotional appointment subject to the following conditions:

A. The employee in question had passed his/her probationary period in the class from which he/she was promoted.

The reason(s) for the termination of the promotional probationary appointment are related solely to the failure to learn and perform all of the duties of the higher position in a satisfactory manner.

C. A vacancy exists or becomes available in his/her former class from which he/she was promoted within one (1) year of the termination.

D. If, under the provisions of this section, the employee is returned to a position in the lower class other than the position held prior to promotion, the employee is subject to the satisfactory completion of a new probationary period.

When an employee is terminated from a promotional probationary appointment for the reasons set forth in B above, he/she shall be placed on a "demotion" list for consideration in his/her former class in either his/her last or former department. Such consideration shall come after eligibles (if any) from Departmental Recall Lists and Preferred Eligible Lists are referred for consideration.

An employee subject to LAPS who fails to pass his/her probationary period following promotion to a higher class for reason(s) related solely to the failure to learn and perform all of the duties of the higher position in a satisfactory manner shall, if he/she so desires, be returned to his/her previous job class.

15.14 Statute of Limitations

As a general rule, no disciplinary action shall be valid against any County employee for any cause for discipline unless the notice of disciplinary action is served within one (1) year of the date on which the County reasonably should have known the facts and circumstances which gave rise to the cause of discipline.

Matters of a serious nature are the exception and a valid notice of disciplinary action must be served within three (3) years after the County reasonably should have known of the facts and circumstances which gave rise to the cause of discipline. Examples of serious misdeeds would include:

        Fraud

        Embezzlement

        Falsification of records

        Felonious acts

        Work-related misdemeanors

15.15 Appeals from Disciplinary Action

B. Except as appeal procedures are available to probationary employees under Local Agency Personnel Standards (LAPS), only permanent employees who are not on probationary status shall have the right of appeal from disciplinary action. Such an employee may file an appeal from those disciplinary actions set forth in this section, except for reprimands and/or, except for such appeal procedures as may be available under LAPS, suspensions of three (3) days or less. Said appeal must:

1) Be filed in writing with the Asst CAO - Human Resources within ten (10) working days following the date of the notice imposing disciplinary action or if appealing pursuant to LAPS procedures, within thirty (30) calendar days from the date of the action or notification of action.

2) State the basis for the appeal, and contain a specific admission or denial of each of the material allegations contained in the Notice of Disciplinary Action.

3) Indicate which one of the appeal procedures the employee wishes to avail him/herself of at the time he/she files the initial appeal from disciplinary action: a hearing by a hearing officer designated by the Asst CAO - Human Resources or appeal on their behalf by the Union to disciplinary arbitration as set forth in Section 16.2 or such additional disciplinary appeal procedures as are available to them [for example, but not limited to, Local Agency Personnel Standards (LAPS)]. In any event, the employee must at the time of filing the initial appeal indicate which appeal procedure he/she wishes to utilize. This designation of a particular appeal procedure constitutes an irrevocable waiver and forfeiture of any and all rights of appeal under any other applicable appeal procedure. If an appeal is filed without designation of the appeal procedure to be utilized, the employee shall be deemed to have made a binding election of appeal to a hearing officer appointed by the Asst CAO - Human Resources as set forth herein and waiver of all other procedures, including arbitration.

An employee, or his/her designated representative, may amend his/her appeal, if and only if the filing period allowed herein has not expired, to designate another of the appeal procedures provided herein.

C. 1) Appeal to Arbitration

If the appeal is from a disciplinary action which is subject to arbitration as set forth in Section 16.2 and the matter is appealed by the Union on behalf of the employee to arbitration, then that appeal will be processed in accordance with the procedures set forth in Section 16.2.

2) Appeal to Hearing Official

Appeals from disciplinary action other than reprimand and/or involuntary leave without pay of three (3) days or less shall be heard by the County Administrative Officer or his/her designated representative. The designation by the County Administrative Officer of a representative to hear the appeal shall include the authority to conduct the hearing and to decide the appeal thereafter, as set forth herein. The hearing shall commence within thirty (30) calendar days from the date of receipt of the appeal by the Asst CAO - Human Resources. It shall be an informal hearing in which the general rules of evidence shall apply; but it need not be conducted according to the technical rules of evidence. Within ten (10) working days following the conclusion of the hearing, a written decision shall be issued to all parties by the hearing officer. Said decision shall be final and binding on all the parties.

3) LAPS

Local Agency Personnel Standards (LAPS), may provide appeal rights from disciplinary action other than reprimand to employees covered by said standards.

C. Except as appeal procedures may be available under LAPS, the provisions of this section shall apply only to permanent employees who are not currently on probationary status, who have at least nine (9) months of continuous service as a permanent employee in the class currently held

16 ARBITRATION

16.1 Grievance Arbitration

A. Within ten (10) working days from the receipt of the written decision resulting from a grievance decided by the Asst CAO - Human Resources, or his/her designated representative as provided in the "Grievance Procedure," the Union or the Employee on his/her own behalf, independent of the Union, may request that grievance, as defined below, be submitted to arbitration as provided hereinafter.

B. Only those unresolved grievances filed and processed in accordance with the grievance procedure of this agreement and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration.

C. Notwithstanding any other provisions of this agreement, the following matters are expressly excluded from arbitration:

1) All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation;

2) Any impasse or dispute in the meeting and conferring process or any matter within the scope of representation.

3) Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements;

4) The interpretation or application of the Personnel Policies and Practices Resolution.

D. In the event the Union or the Employee on his/her own behalf, independent of the Union, wants to request arbitration, it shall, within ten (10) working days, send a written notice to the Asst CAO - Human Resources. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration.

E. The parties shall select a mutually acceptable arbitrator. If the parties cannot agree on an arbitrator, they shall request a list of arbitrators from the California State Conciliation Service. An arbitrator shall be selected by the parties alternately striking names from such list. The party to strike first shall be selected by lot.

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.

If an employee, independent of the Union, requests that a grievance be submitted to arbitration, the employee shall share the expense and the Union shall not be liable for any costs.

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.

16.2 Disciplinary Arbitration

Within ten (10) working days from the date of the notice imposing disciplinary action, the Union, and only the Union, may on behalf of an affected employee, appeal certain disciplinary actions to arbitration.

Those disciplinary actions which may be appealed to arbitration are:

Involuntary leave without pay exceeding five (5) days;

Reduction in salaries of over six (6) pay periods;

Disciplinary demotion;

Dismissal.

The arbitration shall be administered as provided for in Section 16.1 E and the decision of the arbitrator shall be final and binding on the parties.

17 LAYOFF PROCEDURE

        17.1 Policy

The County may lay off 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.

Departments and employees required to be covered by other layoff procedures; i.e., Local Agency Personnel Standards, State Merit System or antirecession federal regulations, shall be governed by those procedures.

Nothing in this procedure shall preclude management, with the agreement of affected employees, from implementing a County Administrative Officer approved job sharing and/or part time work plan as an alternative to layoff.

17.2 Procedure

17.2.1 Layoff Order

Layoff 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 and positions to be eliminated.

The order of layoffs within a County department shall be:

1. Temporary employees

2. Probationary new employees (excluding promotional probationary employees)

3. Seasonal employees

4. Permanent employees

within a class.

In each instance, following said order above, layoff shall be by ranking sequence of employees. Extra help employees shall not be placed in ranking sequence, except for extra help employees of Natividad Medical Center.

17.2.2 Rank in Class Defined

Rank shall be defined as the length of continuous service in a class series (as determined by the County personnel records) while occupying a permanent position(s) within the County department. Continuous service for purposes of ranking for layoff shall be defined to include work related injury leave of up to one (1) year.

A permanent employee of Natividad Medical Center subject to layoff shall be entitled to assume extra help status in lieu of layoff provided said employee is qualified to assume the duties and responsibilities of an existing extra help position and class. No new extra help positions shall be created for the sole purpose of eliminating permanent employees.

The County shall be required to layoff only by ranking sequence unless it can be demonstrated that an employee possesses 1) demonstrated special skills or training or abilities, or, 2) for whom past job performance or disciplinary record would justify an alternative ranking, or, 3) an employee who may be, by virtue of ranking sequence, subject to disparate treatment.

17.2.3 Ranking in Previous Classes

A permanent employee may elect to be ranked with employees in any class with the same or lower salary in which the employee has served in permanent status in 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 (2nd) day following notice of layoff is not a regularly scheduled work day, the employee may give notice on the next work day.

The definition of rank provided in this section shall apply to the determination of rank for employees electing to be ranked for such classes.

17.2.4 Demotion in Lieu of Layoff

In lieu of layoff, an appointing authority may offer a permanent employee a demotion to any class for which said employee is qualified. Employees demoted in lieu of layoff pursuant to this agreement shall not be eligible for "Y" rating as defined in the Personnel Resolution.

17.3 Notice

Written notice of layoff shall be served on affected employees in person or by the U. S. Mail to the latest address on file with the county. Said layoff notice shall be served or mailed at least twenty-one (21) calendar days prior to the expected effective date of separation, unless by operation of the section titled, "Ranking in Previous Classes," such notice period is not practicable.

17.4 Layoff Lists

The names of persons laid off under these procedures shall be placed on a departmental recall list for the class from which the employee was laid off for a period of one (1) year. Said one (1) year period shall run from the date of layoff. When filling any position, an appointing authority shall recall laid off employees from the departmental recall list for the class of the position in inverse order of layoff. However, when the best interest of the County requires an employee with demonstrated special qualifications, skill or training, or for affirmative action considerations, the appointing authority may make an exception to the above order of recall in order to appoint said employee. Failure to respond to an interview or to accept offered employment shall result in the employee's name being removed from the departmental recall list. Such notice of interview or offer shall be sent to the most current address on file with the County.

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) calendar days to a communication regarding availability of employment.

Request in writing by the laid off employee to be removed from the list.

(See side letter regarding administration of layoff lists for detailed information on the administration of the above list provisions.)

17.5 Sick Leave and Vacation

A permanent employee who has been laid off and recalled in a permanent position under the provisions of this agreement shall be entitled to: 1) restoration of all sick leave credited to the employee's account at the time of layoff and 2) credit with prior service for the purpose of determining vacation accrual rates and service awards in accordance with existing County procedures and policies for these programs and overall County service.

17.6 Insurance Coverage

Each permanent employee enrolled in the County health plan at the time of layoff who: 1) is laid off subject to the provisions of this agreement, and 2) enrolls in the health plan conversion plan, shall be issued a county warrant made payable to said employee and the County health plan in an amount equal to two (2) times the employee only premium at the time of layoff. The above does not apply to employees who retire coincidental to their layoff.

17.7 Appeal Procedure

Neither the provisions of this article, nor their application shall be subject to any appeal or grievance procedure, except as provided below.

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 the appointing authority or his/her designee to review the application of this policy to them.

The Union, and only the Union, after making an attempt to resolve a matter informally, may within seven (7) days of the date of an alleged violation of this policy, file a grievance at step three under the provisions of the grievance procedure in effect between the County and the Union. Said grievance shall not be subject to the "Arbitration" article of this agreement

18 COUNTY RIGHTS

Except as limited by this memorandum, 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 County; 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 services are to be conducted; determine job classifications of employees; exercise control and discretion over its organization and the technology of performing its work; and fulfill all of its legal responsibilities. All the rights, responsibilities and prerogatives that are inherent in the county by virtue of statutory and charter provisions, cannot be subject to any grievance or arbitration proceeding.

19 CONCERTED ACTIVITIES

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, participate in, nor will any member of the Union take part in any strike, sit-down, stay-in, sick-out, slowdown, 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 or representatives shall immediately declare that such work stoppage is illegal and unauthorized and further direct its members to cease the said conduct and resume work. Such 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. However, 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.

The County agrees to not illegally lockout an employee.

20 AGENCY SHOP, DUES DEDUCTION

20.1 Dues Deduction

The County agrees to deduct union dues and fees and such other deductions as approved by the Union's state executive board from paychecks of employees in the Social Services Unit who designate in writing on forms provided by the County that they wish to have dues/fees deducted and paid over to the Union. Employees shall pay the membership initiation fee or the service processing fee or charity processing fee in two (2) consecutive payments. Union and management will study biweekly deductions and, when and if feasible, implement.

No other employee organization may have dues deduction in the Social Services Unit during the term of this agreement.

For employees in the unit who have an authorized Union dues deduction on the effective date of this agreement, or who subsequently authorize Union dues deduction, the County shall automatically continue such dues deduction.

20.2 Agency Shop Service Fee

All unit employees hired after October 12, 1985, but prior to January 1, 1990, shall within thirty (30) days after their date of hire, be required to execute an authorization for payroll deduction of one of the following: 1) Union dues; 2) a services fee equal to ninety-five percent (95%) of regular Union dues; or 3) if he/she qualifies, a charity fee equal to the service fee to the United Way.

If any employee hired after October 12, 1985, but prior to January 1, 1990 fails to authorize one of the above deductions within the thirty (30) day authorization period, the Union may request that the County notify the employee in writing of his/her contractual obligation to authorize one of the payroll deductions. Upon such request, the County will so notify the employee.

If after the notification described above the employee still fails to authorize one of the deductions, the Union may seek enforcement through the courts.

20.3 Charity Fee Deduction

To qualify for the 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 employee 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.

20.4 Petition, Election and Challenge

A. 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 covered by the provisions of this article in the bargaining unit, an election will be held. Such election may be held only once during the term of this agreement. The election shall be conducted by State Conciliation Service. Voting election shall be by secret ballot and a majority vote of all employees in the bargaining unit covered by the provisions of this article shall be required to rescind agency shop.

B. 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.

20.5 Service Fee as Condition of Employment

After January 1, 1990 all employees hired into the unit 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 service fee or charity fee options set forth in section 20.2 Of this article. 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.

20.6 Forfeiture of Deduction

If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues, service fee or charity fee required by this Article, no such deduction shall be made for the current pay period.

20.7 Financial Documentation

The Union shall within ninety (90) days after the end of each fiscal year provide the County with detailed financial documentation, which shall meet the requirements of Government Code Section 3502.5 and shall make said financial documentation available to unit employees.

The County agrees, beginning with the October 12, 1985, pay period, to provide the Union the name, department number, class, date of hire, and dues deduction status of all unit employees on a monthly basis.

20.8 Hold Harmless

The Union agrees to indemnify and defend the County and its officers, employees and agents against any and 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 interests exists with respect to representation of the county by the union's attorneys.

20.9 Severability

In the event that the agency shop provisions of this article are declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree to reopen this article for the purposes of implementing a modified agency shop provision.

20.10 Union Orientation

20.8 Severability

County shall allow Union Representatives fifteen (15) minutes of the agenda during Department of Social Services and Behavioral Health Services Department scheduled new employee orientation programs to provide information regarding the obligations and benefits of Union membership.

21 OFFICIAL REPRESENTATIVES, STEWARDS

A. Union may select up to three (3) persons to act as official representatives. Union will give to each department head the names of persons so selected.

Official representatives shall represent Union in jointly scheduled meetings with management to address common concerns without loss of pay.

B. Union may select up to twelve (12) stewards plus a chief shop steward for represented employees. Union will give to each department head a list of employees from his/her department who have been selected as stewards. Only employees named on the current list will be recognized by the County as stewards. New employees serving their initial probationary period may not be stewards.

C. Stewards and official representatives will be responsible for the full and prompt performance of their work load to the extent required of other workers.

D. Stewards shall receive no overtime for time spent performing a function of a steward.

E. Stewards shall not conduct union business on county time, except as specifically authorized by this Memorandum of Understanding.

F. Stewards shall be authorized a reasonable amount of time off without loss of pay to investigate and prepare grievances and disciplinary appeals of employees subject to the restrictions in 'K' below.

G. Stewards shall have the right to serve as a representative for employees in grievance and appeal matters in accordance with the grievance and disciplinary appeals provisions of the Agreement. One steward shall be permitted to attend formal meetings scheduled as part of the grievance procedure without loss of pay.

H. Before performing grievance and disciplinary appeal work, the steward will obtain the permission of his/her supervisor and shall report back to his/her supervisor when the grievance or disciplinary work is completed.

I. 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. However, in such cases the County will make every reasonable effort to grant access within the next working day.

J. When a steward desires to contact an employee either the steward or the employee shall first contact the immediate supervisor of that employee, advise of the need for a grievance/disciplinary action meeting, and obtain release by the supervisor to meet with the employee. When, in the best judgement 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. However, in such cases the County will make every reasonable effort to grant access within the next working day.

K. Stewards when representing 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 of the news media or others who do not have a direct need to know the details of the proposed discipline. This restriction shall not preclude surveying or otherwise contacting other employees for the purpose of determining the existence of circumstances or issues similar to those in the proposed discipline among other unit members so long as the name of the individual involved and the specific details of his/her proposed disciplinary action are not discussed. The County may refuse to recognize or to deal with a steward who violates this confidentiality.

2) At the request of the County, the union will make a reasonable effort to use stewards who are also employees of the same department and/or a union staff representative.

L. Bulletin Board

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 the 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 that may reasonably be construed as maligning the County or its representatives.

22 HEALTH AND SAFETY

A. The Union shall be entitled to appoint up to two (2) representatives to the Social Service and Health Department, Health and Safety Committees for the term of this agreement.

B. Employees shall have the right to file notice of unsafe conditions with the department head for review and response within fifteen (15) calendar days. The action to be taken shall be at the sole discretion of the department head. Only the timeliness of the response may be grieved.

C. In order to promote a healthy and safe work environment, when VDTs are introduced into an employee's work station in the Department of Social Services she/he shall receive training in the proper use of such equipment, including instruction on how to prevent carpal tunnel syndrome and any other health risks as they become known (e.g. the effects of VDT work on pregnancy). Each VDT shall be maintained by qualified personnel as often as necessary to assure proper working conditions in relation to health and safety. VDTs shall be fitted with glare screens as necessary, dependent on the state of VDT technology. Dependent on the technology and office setting at the time of installation, appropriate seating arrangements shall be made.

D. Employees will be allowed to break from computer work and do other tasks for fifteen (15) minutes after two (2) hours of computer work.

23 PERSONAL PROPERTY REIMBURSEMENT

A. 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.

B. A request for reimbursement must be submitted by claim to the appointing authority no later than thirty (30) days from the date of loss. Management shall review the claim and if circumstances warrant, reimbursement shall be made.

C. Claims based on cash losses or losses due to lost or stolen credit cards shall not be considered.

D. Claims based upon damage to automobiles may be considered under the provisions of this section:

The provisions of Paragraphs "A" and "B" of this section must be satisfied.

The employee shall provide the County with a certificate naming the County as an additional insured on their automobile insurance policy as of the date the employee sustained the loss to his/her automobile.

Reimbursement will be limited to Two Hundred Dollars ($200) and will be made only upon the presentation of an invoice for work completed along with evidence of the required insurance coverage.

The damage must have occurred while the employee was actually using the automobile on authorized County business away from the employee's work place.

E. No reimbursement shall be granted for losses covered by some other source, insurance policy or agency.

F. A maximum limit of Two Hundred Dollars ($200) per incident shall apply to all claims for reimbursement.

G. No claims for reimbursement for items having a present value of less than Ten Dollars ($10) shall be considered

24 TRANSFER POLICY

Voluntary Transfer: A permanent employee who is not on probationary status and who wishes to be considered for a transfer to another position in the same classification within the department shall notify the departmental personnel office in writing stating their specific transfer request and the reasons therefore. Such requests shall be entitled to consideration in the order received, and shall be retained on file for a period of one (1) year. Management shall acknowledge the request for transfer by notifying the employee of the status of his/her request within two (2) weeks. An employee who has been involuntarily transferred shall, upon request for voluntary transfer, receive first consideration.

Involuntary Transfer: In cases where the administrative needs of the department requires the involuntary transfer of an employee from one work site to another, the department shall first consider requests for voluntary transfer already received. If a voluntary transfer is not available, management may exercise its right to make an involuntary transfer. In such cases, management will attempt to give the affected employee ten (10) working days notice. Upon written notice of the employee to the department personnel office, management shall: 1) make a reasonable effort to return employees who have been transferred between the Salinas, Peninsula, and South County areas to their original work site as soon as administratively feasible, and 2) give employees who have been transferred within the Salinas, Peninsula and South County areas first consideration in returning to his/her original work site.

This subsection is limited to physical transfers from one work site to another and does not affect assignment transfers.

25 MILEAGE

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.

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.

26 EXPENSE

In addition to the mileage allowance provided for in the preceding article, an employee of the County is entitled to receive reimbursement for his/her actual and necessary expenses for other transportation and for meals, lodging and incidentals incurred as a result of being assigned as part of his/her official duties either to:

A. Work excessively long hours away from regularly established headquarters;

B. Work at a project location sufficiently distant from regularly established headquarters to require overnight lodging or is required in performance of official duties to attend a meeting in which a meal is served;

C. Travel away from established headquarters on very limited notification; or to

D. Attend a school, convention or meeting away from established headquarters.

An employee shall not receive meal expense for attending meetings or training within Monterey County.

The Auditor-Controller is directed to allow the foregoing expenses upon the filing of a proper claim by the employee, approved by the employee's department head or his/her designee.

Notwithstanding the foregoing, all such travel by County employees to destinations outside the state of California shall also require the prior approval of the Board of Supervisors.

Upon authorization of the department head or the Administrative Officer, the Auditor-Controller shall pay an employee a travel advance not to exceed seventy-five percent (75%) of the estimated reimbursable expenses as approved by the department head.

27 TUITION REIMBURSEMENT

A program of tuition reimbursement is hereby established to provide training opportunities for employees subject to the following conditions:

A. Tuition reimbursement is available only to permanent and seasonal employees;

B. All requests for tuition reimbursement shall be subject to the approval of the appointing authority and the County Administrative Officer. The determination of which requests shall be approved shall be at the sole discretion of the County Administrative Officer.

C. All requests shall be submitted no later than two (2) weeks in advance of the starting date of the course;

D. Qualification of Courses Eligible for Tuition

1) It must be reasonably related to the employee's job assignment or occupational field and improve the employee's performance on the job and be of benefit to the County; or assist the employee in promotion to a logically higher position which may be indicated on the career ladder; and

2) Be given by an accredited institution;

3) Be successfully completed by the employee with a grade of "C" or better.

E. Submission of requests for tuition reimbursement shall not be limited by the geographic location of the course, however, the approval of such requests shall be at the discretion of the County;

F. Permanent employees in the Unit shall be eligible for one of two (but not both) reimbursement levels in any twelve (12) month period as described herein:

1) Employees may be eligible for up to Five Hundred Dollars ($500) in tuition reimbursement for courses that meet the criteria outlined in "D" above. It is agreed that employees who enroll in programs at this level of reimbursement must remain in county employment for a period of one (1) year following successful completion of the last course for which reimbursement is sought in any twelve-month period. Failure to so remain in county employment will mean a forfeiture of the reimbursement amount which must be repaid to the County upon the employee's separation from county service.

2) Employees may be eligible for up to Eight Hundred Dollars ($800) in tuition reimbursement for courses in either the undergraduate or Graduate Social Worker Program at San Jose State or a similar program offering degrees directly related to the work of the department. The determination of which courses and programs shall qualify for the increased reimbursement amount shall be at the sole discretion of the Department Head. In order to qualify for reimbursement, the requirements of "D 2 & 3" above must be met.

It is agreed that those employees who enroll in programs approved for the higher reimbursement level must remain in county employment for a period of two years following successful completion of the last course for which reimbursement is sought in any twelve-month period. Failure to so remain in county employment will mean a forfeiture of the reimbursement amount, which must be repaid to the County upon the employee's separation from county service.

Both these tuition reimbursement systems will be administered in accordance with the Personnel Policies and Practices Resolution.

G. Notwithstanding any other provisions of this Agreement, only those provisions of this section which are not subject to the discretion of the department head or the County are subject to the grievance procedure.

28 PROFESSIONAL LEAVE

28.1 Professional Leave

Health Department employees, employees at Natividad Medical Center and social workers shall be eligible for three (3) days paid leave per fiscal year for training purposes relevant to their County employment with department administrative approval. Additional outside training time may be scheduled at management's discretion.

This leave must be taken during the fiscal year and no carry over to future fiscal years is allowed. Professional leave shall be scheduled in the same manner as vacation time is scheduled. No payment for unused Professional Leave time shall be permitted.

Employees hired on a permanent basis after the beginning of the fiscal year shall be given a pro rata amount -- to the full hour of professional leave based on the number of pay periods remaining in the fiscal year in which they were hired. (e.g., hired at the beginning of pay period No. 8: 26 - 7 = 19, 19/26 x 24 = 18 hrs).

28.2 Continuing Education

In the first year of the agreement, the Social Services Department and Behavioral Health Division of the Health Department will make reasonable efforts to sponsor in-house continuing education courses sufficient to meet the continuing education requirements for the licensed classifications of Psychiatric Social Worker, Senior Psychiatric Social Worker and Clinical Psychologist.

28.3 Licensure Fees

In the first year of the agreement, bargaining unit employees, who are not licensed in the state of California, and who are required to have a clinical license as a condition of employment, shall be reimbursed for initial license fees and any costst associated with obtaining the initial license, for a total lifetime employment cost not to exceed six hundred dollars ($600).

29          WORK LOAD

29.1 Target

County will make a reasonable effort to keep public assistance caseload at the State or County target. Should caseload exceed twenty percent (20%) of the State or County target for three consecutive months, it is the County's intent to continue efforts to reduce that caseload. Such efforts may include but are not limited to hiring staff to fill County allocated positions, redistributing cases to other workers, assigning cases to non-caseload carrying workers and use of overtime and compensatory time.

29.2 Mitigating Factor

County will consider as a mitigating factor in any discipline of any employee for poor work performance, the fact that such employee's work load may have exceeded state target figures.

29.3 Joint Committee

There will be a joint union-management committee to review work load management for the Social Services Department employees in the representation unit and make recommendations to the Director of Social Services for such action as he/she deems appropriate.

The Director will respond to committee reports within forty-five (45) days of receipt of said recommendations.

29.4 Non-Grievable

Neither the recommendations of the above committee nor actions taken thereon, shall be subject to the grievance procedure.

30 PRIVATE WORK

30.1 Prior Consent

An employee who wishes to engage in any occupation or outside activity for compensation shall first inform his/her appointing authority in writing of the time required and of the nature of such activity and obtain prior consent of his/her appointing authority. The appointing authority shall notify the employee of his/her decision in writing within ten (10) calendar days.

30.2 Department Head Discretion

Approval of private "outside" work shall be at the discretion of the department head. Disapproval of such requests for outside work shall be only when it is incompatible with his/her employment by the County and not be for arbitrary, capricious or discriminatory reasons.

30.3 Violation of Conditions

An employee who engages in any outside occupation or activity which has not been previously approved by the appointing authority or which violates the condition of such approval, may be subject to disciplinary action up to and including dismissal.

30.4 Restrictions on Private Work

Outside private work which is related to the employee's regular work may be allowed by the department head subject to the following conditions: Employees who do financial screening may not refer applicants to the outside practice of a County employee, and County employees may not refer patients from a County service to the outside practice of other County employees or to their own private practice

31 PROBATION

Effective January 1, 1990, for all employees appointed after that date:

A. Probation Period

The initial probationary period for any individual newly appointed to a position shall be nine (9) months dating from the effective date of the appointment. The initial probationary period for an employee working less than forty (40) hours per week shall be one thousand five hundred sixty (1,560) hours. Effective September 1, 1991, for all employees appointed after that date and working less than forty (40) hours per week, the initial probationary period shall be either one thousand five hundred sixty (1,560) hours or twelve (12) calendar months, whichever comes first. During this initial probationary period, an employee may utilize only such appeal procedures as are available to the employee under Local Agency Personnel Standards (LAPS). Probationary employees serve at the will of the appointing authority except to the extent that LAPS provides that probationary employees may appeal release from employment if said release is alleged to be based on discrimination.

B. Prior to the conclusion of the nine (9) month probationary period; subject, where appropriate, to local agency personnel standards limitations; 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.

C. Eligibility Workers

Eligibility Worker I's are eligible for promotion after twelve (12) months of continuous service.

With satisfactory performance, an Eligibility Worker I may advance after six (6) months to the second step (2nd) of the current EW I wage scale. Eligibility Worker I's hired on or after September 26, 1998 and before the effective date of the current MOU, will be advanced on or before February 28, 2000, to the appropriate step in accordance with the above. Each affected employee will receive a single retroactive pay adjustment to equal one hundred dollars ($100) for each whole month of forgone EWI Step advancement.

D. Step Advancement

Employees who have successfully completed the initial probationary period will be eligible for possible advancement to the next highest step in the salary range after twelve (12) months, or two thousand eighty (2,080) hours of continuous service dating from the effective date of his/her current appointment.

32 RETIREMENT

It is understood and agreed that in the event legislation authorizing a second and/or third 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 further understood and agreed that notwithstanding the provisions of Article 34 Full Understanding, Modification, Waiver, the County may reopen negotiations on the issue of retirement with the further understanding that no employee will involuntarily suffer any reduction in his/her retirement benefit during the term of this agreement.

32.1 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 additional costs associated with this enhanced retirement plan.

33 STATE DISABILITY INCOME PROTECTION PLAN

Unit employees may participate in the State Disability Income (SDI) protection plan and pay for said plan through payroll deduction.

Plan benefits may be integrated with the county sick leave benefits in that an employee on SDI may use his/her previously accumulated sick leave to augment his/her SDI benefit by an amount that will bring his/her total payment up to his/her basic salary exclusive of any special or premium pay.

34 DEFERRED COMPENSATION

Permanent employees in the social services unit may participate in the county deferred compensation plan.

35 CONTRACTING OUT

In the event the County of Monterey, Department of Social Services intends to contract out work presently performed by Unit employees, the Union shall be notified in writing thirty (30) days prior to the effective date of such action. Furthermore, the County and Union shall meet and discuss the impact on present employees.

This Article shall not be subject to the grievance procedure.

37 SEPARABILITY

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 any provision herein, as it may apply to any employee of the county subject to section 19800 of the California Government Code, is determined by the state personnel board to be in conflict with local agency personnel standards, then to this extent such local agency personnel standards shall supersede and control over the provisions of this memorandum of understanding.

38 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 under the Meyers-Milias-Brown Act, 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 in paragraph 2 above, 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.

 

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SIDE LETTER

BETWEEN MONTEREY COUNTY AND SEIU LOCAL 535

SOCIAL SERVICES UNIT K

 

This shall serve as the side letter with respect to several issues discussed during negotiations for the Memorandum of Understanding which expires July 31, 2001.

1. Total Compensation Wage and Benefit Study

In the third year of the agreement, the County agrees to a labor management committee that will conduct a total compensation wage and benefit study, with comparison counties, for all benchmarked classifications, for the purpose of preparing for contract negotiations 2002. It is understood that the results of the study are not binding in future negotiations.

It is understood and agreed that the execution of the issue addressed in this section of the side letter agreement shall be subject to the grievance procedure.

2. Work Load Study Group

The Director of Social Services will commission a study of the workload of Eligibility and Employment and Training classifications. The goal is to develop guidelines for caseloads. Study is to be completed by December 31,2000. The Director will receive input from the employees and the union in addition to a "Workload Study Advisory Committee." At the conclusion of the study, the Director or her designees will review data the study is based upon as well as the results of the study, with the employees and the Advisory Committee.

Upon receipt of the study, the County and the Union agree to a Workload Study Advisory Committee training and facilitation by a mutually agreed upon trainer/facilitator. The parties agree to utilize interest-based procedures to reach a mutually agreeable solution to the concerns of employee workload.

The composition of the "Workload Study Advisory Committee" shall be mutually agreed upon by labor and management.

It is understood and agreed that the implementation issues addressed in this section of the side letter agreement shall be subject to the grievance procedure.

3.CALWORKS Eligibility Worker Classification Study

The County agrees to conduct a classification study of all CALWORKS Eligibility classifications with Unit K, to be completed by July 31, 2000.

Upon completion of the study, the County will meet and confer with the Union regarding the results of the study.

It is understood and agreed that the execution of the issue addressed in this section of the side letter agreement shall be subject to the grievance procedure

4. Email Usage

Within ninety (90) days of the ratification of this agreement, the Assistant 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 job actions

5. Violation of the County's Email Policy could result in the permanent revocation of this privilege.

It is understood and agreed that the issue addressed in this section of the side letter agreement shall not be subject to the grievance procedure.

5. 2% @ 55:

During the term of this agreement, SEIU Local 535 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.

It is understood and agreed that the issue addressed in this section of the side letter agreement shall not be subject to the grievance procedure.

6. Working Out of Class Responsibilities

Within sixty (60) days of the ratification of this agreement, the County agrees to issue a policy letter limiting the role of unit employees in the formal disciplinary procedure while temporarily working out of class in a supervisory position.

It is understood and agreed that the issue addressed in this section of the side letter agreement shall not be subject to the grievance procedure.

 

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