AGREEMENT
BETWEEN
COUNTY OF SACRAMENTO
AND THE
TEAMSTERS, LOCAL 228
COVERING ALL EMPLOYEES
IN THE
GENERAL SUPERVISORY UNIT
2006 - 11
TABLE OF CONTENTS
Section Page
PREAMBLE
ARTICLE I
COVERAGE AND UNION RIGHTS
1.1
Coverage of Supervisors
............................................................... 1
1.2 Payroll Deductions
........................................................................
1
1.3
Representation
.............................................................................. 2
1.4
Union
Training
...............................................................................
3
1.5
Agency Shop Election
................................................................... 3
1.6 Agency Shop Condition Of Employment
....................................... 3
1.7
Separation From Unit Exception
................................................... 4
1.8
Fair Share Service Fee Determination
and Disclosure ................. 4
1.9
Expenditures Not Includeable In
Determination of the Fair Share Fee 5
1.10
Fair Share Fee Explanation and Notice
of Right to Challenge ..... 5
1.11
Failure to Provide Fair Share Fee Explanation and Notice of
Right to Challenge 7
1.12
Labor Organization Annual Report ................................................
8
1.13
Failure to File Labor Organization
Annual Reports ....................... 8
1.14
Just Cause for Termination
........................................................... 8
1.15
Procedure for Fair Share
Termination........................................... 8
ARTICLE II
COUNTY RIGHTS
2.1
County Rights................................................................................
10
ARTICLE III
GRIEVANCE AND ARBITRATION PROCEDURE
3.1
Purpose.........................................................................................
10
3.2
Definitions
.....................................................................................
11
3.3
Time Limits....................................................................................
11
3.4
Presentation..................................................................................
11
3.5
Employee
Rights............................................................................ 12
3.6
Application
.....................................................................................
12
3.7 Informal
Discussion.......................................................................
12
3.8
Formal Grievance – Step 1
............................................................ 12
3.9
Formal Grievance – Step 2
............................................................ 12
3.10
Formal Grievance – Step 3
............................................................ 13
3.11
Arbitration – Step 4
........................................................................ 13
3.12 Response
.............................................................................. 13
Section Page
3.13
Copy of
Decision.............................................................................
13
3.14
Selection of
Arbitrator......................................................................
14
3.15
Decision
..........................................................................................
14
3.16
Costs...............................................................................................
14
3.17
Witnesses
.......................................................................................
14
3.18
Expedited
Arbitration.......................................................................
14
ARTICLE IV
HOURS OF WORK AND OVERTIME
4.1
Overtime.
........................................................................................
15
4.2
Standby Assignments and Call Back.
............................................ 16
4.3
Workweek
......................................................................................
17
4.4
9/80 Work Schedules.
.................................................................... 21
4.5
Four Day, Forty-Hour
Workweek.................................................... 23
4.6
Aircraft Rescue and Fire Fighting
24-Hour Work Schedule............ 24
ARTICLE V
SALARIES
5.1
Salary Increases
............................................................................ 27
5.2
Equity Adjustments
........................................................................ 28
5.3
Minimum Salary
Spread................................................................. 30
5.4
Salary Administration
.................................................................... 30
5.5
Salary Step Increases
................................................................... 32
5.6
Salary Levels.................................................................................
33
5.7
Payroll Errors
................................................................................
33
ARTICLE VI
HOLIDAYS
6.1
Holidays
........................................................................................
35
6.2
Christmas Eve and New Year’s Eve
............................................. 36
ARTICLE VII
GENERAL PROVISIONS
7.1 Strikes
and Lockouts.....................................................................
36
7.2
Discrimination.......................................................
........................ 37
7.3
Application of Personnel Ordinance
............................................. 37
ii
Section Page
ARTICLE VIII
LEAVES
8.1
Vacation Accrual
........................................................................ 37
8.2
Vacation
Usage........................................................................... 39
8.3
Sick Leave .................................................................................. 39
8.4 Wellness Incentive Program
...................................................... 40
8.5
Sick Leave While on
Vacation..................................................... 41
8.6
Family Death Leave
.................................................................... 41
8.7
Military
Leave............................................................................... 42
8.8
Assignment of Leave for Catastrophic
Illness and Other Purposes . 42
8.9
Parental
Leave............................................................................. 42
8.10
County Employees
as Volunteer Poll Workers Program ............. 43
ARTICLE IX
HEALTH AND WELFARE
9.1
General
Provisions........................................................................ 44
9.2
Medical Insurance and Health
Plans............................................. 45
9.3
Retiree Health Savings Plan
......................................................... 47
9.4
Dental Plan.................................................................................... 47
9.5
Life
Insurance................................................................................ 47
9.6
Employee Assistance Program
.................................................... 48
9.7
Flexible Spending
Accounts.......................................................... 49
9.8
State Disability
Insurance.............................................................. 49
9.9
Joint Labor-Management Health and
Welfare Committee ........... 51
ARTICLE X
RETIREMENT PLAN
10.1
Disability Retiree-Return Rights
................................................... 51
10.2
Disability Leave
............................................................................ 51
10.3
Retirement Tier 3
.......................................................................... 52
10.4
Park Ranger II, Safety Retirement Tier
2 ..................................... 52
10.5
Deferred Compensation – Temporary
Employees ....................... 54
10.6
Safety Retirement Tiers
............................................................... 54
10.7
Safety Retirement Tier 2
.............................................................. 54
ARTICLE XI
ALLOWANCES AND REIMBURSEMENT
11.1
Transit Pass
................................................................................. 55
11.2
Special 5:00 A.M. Shift
Differential................................................ 55
11.3
Pay Differential – Ground Contract
Monitoring............................. 55
iii
Section Page
11.4
Mileage Reimbursement
.............................................................. 55
11.5
Night Shift Pay
............................................................................. 56
11.6
Uniform Allowance
....................................................................... 56
11.7
Safety Shoes or Prescribed Work
Boot........................................ 57
11.8
Hazard Pay
.................................................................................. 57
11.9 Pay Differential for Working in a Vacant
Higher Classified Position.. 57
11.10
Chief Storekeeper, Range B
........................................................ 58
11.11
Differentials – Pesticide Spray
Applicators Certification/License and
Agricultural Pest Control Advisor’s
License ................................. 59
11.12
Hazardous Duty Pay – Supervising
Helicopter Mechanic ............ 59
11.13
Water and Wastewater Certification
Examination Reimbursement.. 60
11.14
Renewal of Water and Wastewater
Certifications Reimbursement.. 60
11.15
Automotive Stock Differential
....................................................... 60
11.16
Process Team Coordinator Differentials
...................................... 61
11.17
Supervising Process Server
......................................................... 61
11.18
Compass
Differential..................................................................... 61
11.19
Education And Certification Incentive Pay
................................... 61
11.20
Pay Differential For
Communication/Operations Supervisor ........ 63
11.21
Special Duty Pay – Commercial Class A License and
Endorsements .. 63
11.22
Wastewater Incentive Pay (State Water Resources Control
Board) ..... 63
11.23
Wastewater Incentive Pay (California Water Environment Association) .. 63
11.24
Water Resources Incentive Pay (California Water Environment Association ..... 65
11.25
Natural Resources Incentive
Pay.................................................... 65
11.26
Water Treatment and Water Distribution
Incentive Pay ................. 66
ARTICLE XII
MISCELLANEOUS
12.1
Information Supplied to the Union ................................................ 67
12.2
Classification Studies
................................................................... 67
12.3
Performance Evaluations
............................................................. 67
12.4
Reprimands................................................................................... 67
12.5
Automatic Resignation
................................................................. 68
12.6
Probationary Period
..................................................................... 68
12.7
Promotional
Examinations............................................................ 69
12.8
Copies of Agreement
................................................................... 69
12.9
Business
Cards............................................................................. 69
12.10
Transfer, Reinstatement, Medical
Examination, and Resignation. 69
12.11
Supervisory Training
..................................................................... 69
12.12
Alternatives to
Layoff..................................................................... 69
12.13
Savings Clause
............................................................................. 70
iv
Section Page
ARTICLE XIII
SENIORITY, LAYOFFS AND REEMPLOYMENT
DIVISION A
APPLICATION-PUPOSES-RIGHTS
13.1
Purpose......................................................................................... 70
13.2
Definitions and
Interpretations....................................................... 71
13.3
Layoff
............................................................................................
72
13.4
Right to Demote
............................................................................ 72
13.5
Seniority
........................................................................................ 74
13.6
Reduction-in-Hours in Lieu of Layoff
............................................. 75
13.7
Voluntary Reduction-in-Hours
....................................................... 75
13.8
Voluntary Leaves of Absence for the Purpose of Achieving
Reduction.. 76
13.9
Action Regarding Vacant Positions When
a Departmental Returns
to Full-Time Employment List
Exists.............................................. 76
13.10 Jurisdiction
.................................................................................... 77
DIVISION B
LAYOFF
13.11
Notice of Layoff/Reduction-in-Hours in
Lieu of Layoff .................. 78
13.12
Notice to Union.............................................................................. 78
13.13
Grievance-Arbitration
Procedure................................................... 78
13.14
Grievance...................................................................................... 78
13.15
Time, Place and Manner of
Filing.................................................. 79
13.16
Delivery to the Union..................................................................... 79
13.17
Complaints by the Union
.............................................................. 79
13.18
Arbitration – Scheduling ................................................................ 80
13.19
Consolidation of
Proceedings........................................................ 80
13.20
Appointment of Arbitrator
.............................................................. 80
13.21
Hearings......................................................................................... 81
13.22
Questions....................................................................................... 81
13.23
Decision
........................................................................................ 82
13.24
Costs.............................................................................................. 83
DIVISION C
REEMPLOYMENT / RETURN
13.25
Entitlement
.................................................................................... 83
13.26
Type of Position
............................................................................ 84
13.27
Limited-Term.................................................................................. 84
13.28
Departmental Lists for
Return-to-Full-Time Employment .............. 84
13.29
Departmental Reemployment Lists
............................................... 84
v
Section Page
13.30
County-Wide Reemployment Lists
................................................ 85
13.31
Return, Appointment and Certification
Priorities............................ 85
13.32
Removal from Return to Full-Time
Employment List..................... 86
13.33
Removal from Departmental Reemployment
Lists ....................... 86
13.34
Removal from County-Wide Reemployment
Lists......................... 87
13.35
Effect of
Reemployment................................................................ 88
13.36
Service of Reemployment
Lists..................................................... 88
13.37
Grievance-Arbitration
Procedure................................................... 88
13.38
Existence, Order and Contents of
Reemployment Lists................ 88
13.39
Other Matters
................................................................................ 89
13.40
Pre-Arbitration Hearing
................................................................. 89
13.41
Request for
Arbitrator.................................................................... 90
13.42
Arbitration Scheduling
.................................................................. 90
13.43
Decision
........................................................................................ 91
13.44
Costs............................................................................................. 92
DIVISION D
MISCELLANEOUS
13.45
Witnesses
..................................................................................... 92
ARTICLE XIV
DISCIPLINE AND DISCHARGE
14.1
Purpose......................................................................................... 92
14.2
Definition
...................................................................................... 92
14.3
Persons Authorized to Initiate
Disciplinary Action ........................ 92
14.4
Application
.................................................................................... 93
14.5
Cause for Disciplinary Action
........................................................ 93
14.6
Causes for Personnel Action Due to
Physical or Mental Disability.. 94
14.7 Notice Requirement and Effective Date of
Order ......................... 94
14.8
Appeal............................................................................................ 95
14.9
Mediation of a Disciplinary Action ................................................. 96
14.10
Assignment of an
Arbitrator........................................................... 97
14.11
Amended or Supplemental Order
................................................. 97
14.12
Discovery
...................................................................................... 97
14.13
Timing and Conduct of Hearing
.................................................... 100
14.14
Subpoenas.................................................................................... 101
14.15
Decision
....................................................................................... 101
14.16
Finality of Decision
....................................................................... 101
14.17
Costs.............................................................................................
101
14.18
Witnesses ....................................................................................
101
vi
ARTICLE XV
TERM
15.1
Term.............................................................................................. 101
Exhibit “A”
Exhibit “B”
Exhibit “C”
vii
PREAMBLE
This Agreement contains the terms
negotiated between the County of
Sacramento and the Teamsters Local 228, hereinafter called the Union, concerning
wages, hours and
other terms and conditions of employment for supervisors in the
General Supervisory
Unit, for the period as set forth in Article XV.
ARTICLE I
COVERAGE AND UNION RIGHTS
1.1 COVERAGE OF SUPERVISORS
a. The
General Supervisory Unit consists of all supervisors in the positions listed in
Exhibit "A" appended hereto.
b. This
Agreement applies only to supervisors in the above-described representation unit.
1.2
PAYROLL DEDUCTIONS
a.
It is the intent of this article to provide for payroll deductions of Union
members to be
deducted from their warrants insofar as permitted by law, and not to
exceed $99.99
including dues. The County agrees to deduct and transmit to the Union
all authorized
deductions from all Union members within the unit who have signed an
approved
authorization card or cards for such deductions in a form agreed upon by the
County and the Union. In the event the County misses one (1) or more
dues deductions
in a payroll period,
due to no fault on the part of the Union, the
County will correct the
error in the next
biweekly pay period if notified by the Union
in writing within five (5)
workdays of the
initial transmittal to the Union.
b. (1)
The written authorization for Union dues
deductions shall remain in
full
force and effect during the life of the Agreement between the County and the Union unless canceled in writing by the employee
and
received by the Union between 12:01 a.m. on June 16 and
11.59 p.m. on June 30 in the final year of the Agreement.
(2) The written authorization for approved insurance and benefit
programs
and the amount of dues deducted from Union members' warrants shall be changed
by the County upon written request of the Union.
- 1 -
(3)
The Union
agrees to indemnify, defend and hold the County
harmless
against any claims made of any nature and against any
suit
instituted against the County arising from its check-off for the dues,
insurance or benefit programs of the Union.
c. "Approved
insurance and benefit programs" are those which the County has approved as
being non-competitive or non-duplicative of County-offered programs.
The County reserves
the right to disapprove any insurance program, in advance, if competitive or
duplicative; and, to cancel all Union insurance and benefit program payroll deductions
where they are established without prior County approval. It is understood
that life insurance,
except for accidental death and dismemberment, is competitive and duplicative
of County-offered programs.
d. Solicitation
and/or servicing of Union insurance and benefit programs shall not interrupt
on-duty employees nor be conducted in County facilities without prior approval
of the County.
1.3
REPRESENTATION
a. The
County recognizes and agrees to deal with designated officers and stewards of
the Union in all matters relating to
grievances and interpretation of this Agreement. Only full-time regular
supervisory employees in the unit shall be permitted
County-paid time off
to represent supervisors on grievances.
b. A
written list of the officers and stewards of the Union shall be furnished the County
immediately after their designation and the Union
shall notify the County promptly
of
any changes of such officers or stewards. Those officers or group representatives
shall
not be recognized by the County until such lists or changes thereto are
received.
(1) The Union officers shall be as follows:
President
Secretary/Treasurer
Business Representative
(2) The Union shall be allowed eight (8) stewards
and may designate such stewards at locations of the Union’s
choosing, provided that no more than one (1) steward may be located at any one
(1) work location, and changes in geographical location may be made once per
fiscal year, with mutual consent of the County.
c. Upon
request of the aggrieved supervisor, a steward or designated officer of the Union may investigate the specified grievance provided it
is in his assigned area of responsibility, and assist in its presentation. He
shall be allowed a reasonable time for
this
purpose during working hours without loss of pay, subject to prior notification
and approval by his immediate supervisor. Such notification shall be in writing
on a form prescribed by the County, which form will state the amount of time
spent for the purpose.
- 2 -
The assignment of
more than one (1) steward or officer who is a supervisor to handle a
grievance
shall be subject to prior approval of the County Executive
or his representative
and approval shall
not be unreasonably delayed or withheld.
1.4
UNION TRAINING
Each fiscal year elected officers and
stewards may be released from work for no
more than a fiscal
year total of eight (8) hours to attend Union training sessions or
attendance at
conferences or conventions. The County shall release elected officers and
stewards to attend
such training sessions except they may be held on the job in the event
of an emergency. The Union shall notify the County reasonably in advance of
any such
training.
1.5
AGENCY SHOP ELECTION
An agency shop shall be implemented in
the General Supervisory Unit only after certification of a secret ballot
election, conducted by the California State Mediation and
Conciliation Service,
in which a simple majority of those voting vote to implement an agency shop.
Such election shall be held as soon as is administratively feasible.
a. An
election to implement the provision of this section shall not prohibit or restrict
an election to rescind this provision as provided by Section 3502.5
of the Government Code.
b. The
Union and the County mutually agree that the
election provided for in
Subsection b. of Section 3502.5 of the
Government Code:
(1)
Shall be determined by a simple
majority of those voting; and
(2)
Shall be conducted following
election security procedures that apply to
the conduct
of employee representation elections that are subject to Chapter
2.79 of the Sacramento County Code.
c.
All employees in classifications
included in the General Supervisory
Unit, on a date thirty (30) days prior
to the holding of the election, shall be eligible to vote in such election.
1.6
AGENCY SHOP CONDITION OF EMPLOYMENT
Subject to Section 1.5, all employees
in the representation unit shall, as a
condition of
continued employment, beginning with the second full pay period after notice is
given to employees in accordance with Section 1.10 and until the termination of
the
Agreement, either:
- 3 -
a. Become
a member of the Union; or
b. Pay
to the Union a fair share fee for services
rendered by the
Union in an amount equal to the monthly periodic dues of
the regular
membership, less
costs which are not related to the administration of this
Agreement and the representation
of employees, but in no event to exceed
90% of the regular
membership dues, provided, however, that each
employee will have
available to him/her membership in the Union
on the
same terms and
conditions as are available to every other member of the
Union; or
c. (1)
Execute a written declaration that the
employee is a member
of a bona fide
religion, body, or sect which holds a conscientious objection to joining or financially
supporting any public employee organization
as a condition of employment; and
(2) Pay a sum equal to the agency fee described in Section 1.6-b. to a
non-religious,
non-labor charitable fund chosen by the employee
from those charities
listed within United Way
or CHAD.
The
employee shall furnish
written proof to the County and the Union that
this contribution
has been made.
d. Any
solicitations or representations made to employees for the purposes of the
Union membership or payment of fair share fees shall clearly state that such membership
or requirements for fair share fee relate solely to the Union
and to no other organization.
1.7
SEPARATION FROM UNIT EXCEPTION
The condition of employment specified
above shall not apply during periods of
separation from the
representation unit by any such employee but shall reapply to such
employee commencing
with the third full pay period following the return of the employee
to the representation
unit. The term separation includes transfer out of the unit, layoff,
and leaves of absence
with a duration of more than two (2) full pay periods. The
condition of
employment specified above shall not apply to newly-hired employees until
the beginning of the
third full pay period of employment.
1.8
FAIR SHARE SERVICE FEE DETERMINATION
AND DISCLOSURE
Only the costs of the following
activities shall be considered by the Union
when
making a
determination of the amount of the fair share service fee of non-members:
a. Expenditures
for labor contract negotiations on behalf of employees in the
unit (for example, the fees
and expenses of the Union representative and
staff support, including
research of and preparation for a negotiating
position).
- 4 -
b. Expenditures
for contract administration (for example, meetings and
discussions with
management concerning grievances under the contract,
meetings with
employees as part of grievance resolution, and costs of
representatives for
arbitration, shorthand reporters, or attorneys in enforcing
the Agreement and
staff support including research and preparation).
c. Other
expenditures allowable under the law.
1.9
EXPENDITURES NOT INCLUDEABLE IN
DETERMINATION OF THE
FAIR
SHARE FEE
a. Under
no circumstances shall expenditures for the following purposes and
activities be
included in any way in the calculation or determination of the fair share fee:
(1)
Lobbying or other political activity,
including support for
individual candidates or political
parties.
(2)
Organizing and recruiting activities
outside of the General
Supervisory Unit.
(3)
Payments to affiliates, except for
payments for activities
under Section 1.8 above.
(4)
Social activities.
(5)
Charitable and philanthropic activities.
(6)
Insurance and other benefit programs.
(7)
Any strike or concerted activity fund.
b. Costs
other than those described in Section 1.8 above shall not be
considered when
making a determination of the fair share service fee of non-members.
1.10
FAIR SHARE FEE EXPLANATION AND NOTICE OF
RIGHT TO
CHALLENGE
Within sixty (60) calendar days after
the end of its fiscal year, the Union shall
mail
to the County and to
each employee within the bargaining unit a "Fair Share Fee
Explanation and
Notice of Right to Challenge." Such notice shall also be given to all new
employees hired into
the unit prior to the solicitation or collection of any membership
dues or fair share
fees. Such notice shall include:
a. An
accounting prepared and signed by an auditor, who is a certified public
accountant for the
overall purpose of providing an itemization of the
expenditures of the Union in detail necessary for an employee to be able to
- 5 -
reasonably determine
what portion of regular membership dues would be
allocable to the cost
of negotiation and contract administration as defined in
Section 1.8 above.
(1) The accounting will utilize data from the prior fiscal year and
shall include the
following information:
(a) A breakdown of the Union’s
actual revenue by source.
(b) A breakdown of each major category within the Union’s
budget
and indicating the actual expenditures within each
category
including the portion of each category allocable to
the
costs of negotiation and contract administration as defined
in
Section 1.8.
(c) Where the Union expenditures are for employee
compensation,
the auditor shall determine what portion of the
employee's
salary is clearly allocated to the actual negotiation
and
contract administration as defined in Section 1.8.
(d) The auditor shall prepare a statement
itemizing which of the
Union
expenditures are clearly allocated to negotiation and
contract
administration as defined in Section 1.8 and which
expenditures
are not so allocated.
(e) The auditor shall then calculate the
proportion of dues which
are
clearly allocable to negotiation and contract administration
as
defined in Section 1.8, expressed as a percentage of
regular
membership dues.
(2) To enable the auditor to prepare the accounting, the Union shall
provide
the auditor access to all records reasonably necessary for
such
preparation including a record of the employee's activities in
sufficient
detail to enable the auditor to make the necessary
determination
in Subsection a. above. In the event that payments are
made
to any other organization, the auditor shall be provided access
to
such organizations' records when reasonably necessary to
prepare
the above accounting.
b. The
Amount of the Fair Share Service Fee: Such fee shall not exceed the
proportion of dues
calculated in Section 1.10-a.(1)(e) above.
c.
Instructions on filing a challenge to the amount of the fair share service fee
with the Union:
- 6 -
(1) Non-members who wish to challenge collection of the fair share fee
because
the amount identified contains expenditures for activities not
within
the definition of Section 1.8, or because the procedures set
forth
herein have not been complied with, must file "Fair Share Fee
Challenge
Petition" with the Union and with copy to
the County.
(2) The petition shall be signed by the challenger or the challenger’s
agent
under penalty of perjury and must state with specificity the
particular
expenditures or procedures being challenged. The petition
must
include the name, address, and social security number of the
challenger.
Such petition must be submitted no later than thirty (30)
days
after the postmark of the Fair Share Fee Explanation and
Notice
of Right to Challenge for such petition to be valid.
(3) During the pendency of the challenge, the amount of the fair share
fee
reasonably in dispute shall be placed in an escrow account
established
by the Union.
(4) The dispute described in the challenge petition shall be heard by
the
Union within thirty (30) calendar days after the closing of the
challenge
period referenced in this section. If the written response of
the
Union is not satisfactory to the employee,
such employee shall
have
the right to refer the matter to binding arbitration in accordance
with
procedures established by the Union.
(5) The arbitrator shall be selected in accordance with the procedures
of the American
Arbitration Association.
(6) The costs of the arbitration shall be borne by the Union.
(7) At the Union's sole discretion,
the hearing of all appropriately
submitted and valid
challenge petitions may be consolidated into one
(1) arbitration.
1.11
FAILURE TO PROVIDE FAIR SHARE FEE
EXPLANATION AND NOTICE
OF RIGHT TO CHALLENGE
Should the Union
fail to provide the information needed for the annual accounting
required by Section
1.10-a.(2), or fail to provide to each employee and to the County the
required annual Fair
Share Fee Explanation and Notice of Right to Challenge set forth
above within the
required sixty (60) days after the end of its fiscal year, the County shall
have the right to
give the Union two (2) pay periods notice to
provide the required notice.
If the Union fails to provide the required notice by the
expiration of the two (2) pay
periods, then the
County shall make no further payroll deductions of any kind on behalf of
the Union (dues, fair
share fees, insurance, et cetera) until such time as the Union
provides the required
notice.
- 7 -
1.12
LABOR ORGANIZATION ANNUAL REPORT
Annually, the Union
shall file with the Director of Labor Relations a fully completed
copy of the U.S.
Department of Labor LM-2 (Labor Organization Annual Report) which
shall serve as the
required financial disclosure pursuant to Government Code Section
3502.5 (d). If the Union has paid or distributed all or a portion of the
dues or fees
collected to any
other organization for the purpose of providing direct and ongoing
representation to
employees in the unit, the Union shall also be
required to submit fully
completed LM-2 forms
from those employee organizations at the same time the Union
submits its completed
LM-2. All LM-2's submitted pursuant to this section shall be signed
by a certified public
accountant and shall be made available to employees in the unit.
1.13
FAILURE TO FILE LABOR ORGANIZATION
ANNUAL REPORTS
The Union
shall submit the required LM-2('s) no later than sixty (60) calendar days
after the end of its
fiscal year. If the Union fails to provide the
County with the required
LM-2('s), then the
County shall have the right to give the Union two (2) pay periods notice
to provide the
required LM-2('s). If the Union fails to
provide the required LM-2('s) at the
expiration of the two
(2) pay periods, then the County shall make no further payroll
deductions of any
kind on behalf of the Union (dues, fair share
fees, insurance, et cetera)
until such time as
the Union provides the required LM-2('s).
1.14
JUST CAUSE FOR TERMINATION
The parties agree that any failure of
an obligated employee to pay a fair share
service fee shall
constitute reasonable and just cause for discharge.
1.15
PROCEDURE FOR FAIR SHARE TERMINATION
The procedure in cases of discharge for
violation of the obligation to pay a fair
share service fee
shall be as follows:
a. The
Union shall notify the employee (a copy to the
appointing authority) of
non-compliance by certified
mail, return receipt requested. Said notice
shall detail the
non-compliance by explaining that the employee is
delinquent in not tendering
a fair share service fee, specifying the amount
of the delinquency, and
warning the employee that unless such fees are tendered
within thirty (30) calendar days, the Union will request that the employee be terminated as
provided in this section.
b. If
the employee fails to comply, the Union shall
file with the appointing
authority,
in writing, proof of compliance with Subsection a., the specific
charges,
and a demand that the employee be terminated. The charges
shall
include:
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(1) A statement that it is proposed that the employee be discharged
from employment;
(2) A statement of the cause of the proposed discharge of the
employee;
(3) A statement in ordinary and concise language of all specified
facts or omissions
upon which the cause is based;
(4) A copy of the Union documents relevant to the proposed action or a
statement advising
the employee and his/her appointing authority of
the
time and place where they may have access to such documents.
c. In
the case of a regular employee, the appointing authority shall serve a
copy
of the written charges upon the employee either personally or by
certified
mail, return receipt requested. The appointing authority shall give
written
notice to the Union and the employee of the
scheduled date of a
hearing
by the appointing authority.
d.
In the case of a temporary employee,
the notice and copy of charges shall
constitute
a final termination notice. A hearing shall be held only if
requested
in writing within ten (10) days of the service or mailing of the
notice
and charges.
e. The parties to the hearing shall be the Union and the employee.
f.
The appointing authority shall
determine whether the Union has established
cause
to terminate the employee because of the violation of this section. If
the
appointing authority determines that there is cause for termination of the
employee,
the appointing authority shall terminate said employees within
ten
(10) days after making such determination. A permanent employee
may
appeal the order of termination through the discipline arbitration
procedure
(Article XIV of this Agreement).
g.
The Union
shall bear all costs of terminating the employee, including all
costs
of the County in defending any appeal of an employee from the
County's
termination of such employee for failure to pay a fair share service
fee.
Such reimbursed costs shall not include payment of the attorney
selected
by the County to prosecute and defend the termination action.
h.
This provision shall be controlling
for this section only. The hearing cost
provisions
in Sections 3.16 and 14.17 of this Agreement are exclusive to
their
respective articles.
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ARTICLE II
COUNTY RIGHTS
2.1
COUNTY RIGHTS
a. All
County rights and functions, except those which are expressly abridged
by this Agreement,
shall remain vested with the County.
b. The
rights of the County include, but are not limited to, the exclusive right to
determine the mission
of its constituent departments, commissions and boards; set
standards of service;
determine the procedures and standards of selection for
employment and
promotion; train, direct and assign its employees; take disciplinary
action; relieve its
employees from duty because of lack of work or for other legitimate
reasons; maintain the
efficiency of County operations; determine the methods, means
and personnel by
which County operations are to be conducted; determine the content of
job classifications;
take all necessary actions to carry out its mission in emergencies; and
exercise complete
control and discretion over its organization and the technology of
performing its work.
The County has the right to make reasonable rules and regulations
pertaining to employees
consistent with this Agreement.
c. This
Agreement is not intended to, nor may it be construed to, modify the
provisions of the
Charter relating to civil service or personnel administration. The Civil
Service Commission
shall continue to exercise authority over classification of jobs and
procedures and
standards of selection for employment and promotion.
d. This
Agreement is not intended to restrict consultation with the Union
regarding matters
within the right of the County to determine.
e. This
section is not subject to the Grievance Procedure set forth in Article III
of this Agreement.
ARTICLE III
GRIEVANCE AND ARBITRATION PROCEDURE
3.1
PURPOSE
a. This
grievance and arbitration procedure shall be used to process and
resolve grievances
arising under this Agreement.
b. The
purposes of this procedure are:
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(1) To resolve grievances informally at the lowest possible level;
(2) To provide an orderly procedure for reviewing and resolving
grievances promptly;
(3) To determine and correct if possible the cause of grievances;
(4) To encourage communication between employees and those in
higher authority.
3.2
DEFINITIONS
a. A
grievance is a complaint of one (1) or a group of employees, or a dispute
between the County
and the Union, involving the interpretation,
application, or
enforcement of the
express terms of the Agreement.
b. As
used in this procedure the term "immediate supervisor" means the
individual who
assigns, reviews and directs the work of an employee.
c. As
used in this procedure the term "party" means an employee, the Union
or the County.
d. As
used herein, representative or the Union representative, if an employee
of the County, refers
to an employee designated as such pursuant to Section 1.3.
e. As
used in this procedure, the term “workday” means a day of work for the
party appealing or
responding to the grievance.
3.3
TIME LIMITS
Each party involved in a grievance
shall act quickly so that the grievance may be
resolved promptly.
Every effort should be made to complete action within the time limits
contained in the
grievance procedure, but with the written consent of all parties the time
limitation for any
step may be extended.
3.4
PRESENTATION
An employee or the
Union representative, or both may present a grievance while
on duty. On group
grievances, the Union agrees to limit the
number of employees
participating on
behalf of the Union while on duty to a reasonable number. The County
agrees not to exclude
employees from grievance hearings for the purposes of
suppressing evidence
or exclusive testimony.
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3.5
EMPLOYEE RIGHTS
The employee retains all rights
conferred by Section 3500, et seq., of the
Government Code or
Chapter 2.79 of the Sacramento County Code.
3.6
APPLICATION
Grievances as defined in Section 3.2
shall be brought through this procedure.
3.7
INFORMAL DISCUSSION
The grievance initially shall be
discussed with the immediate supervisor. The
employee may be
represented by the Union representative. Within five (5) workdays, the
immediate supervisor
shall give his/her decision or response.
3.8
FORMAL GRIEVANCE - STEP l
a. If
an informal grievance is not resolved to the satisfaction of the grievant, or
if the grievant or
the Union believes there is reason to bypass
the informal step, a formal
grievance may be
initiated. A formal grievance may be initiated no later than:
(1) Ten (10) workdays after the event or circumstances occasioning the
grievance; or
(2) Within ten (10) workdays of the decision rendered in the informal
grievance procedure,
whichever is later.
b. However
if the informal grievance procedure is not initiated within the period
specified in
Subsection (1), the period in which to bring the grievance shall not be
extended by
Subsection (2).
c. A
formal grievance shall be initiated in writing on a form prescribed by the
County and shall be
filed with the persons designated by the appointing authority as the
first level of
appeal. The grievant may be represented by a Union representative.
d. Within
ten (10) workdays after the initiation of the formal grievance, the
designee of the
appointing authority at the first level of appeal shall hear and investigate
the grievance, and
give his/her decision in writing.
3.9
FORMAL GRIEVANCE - STEP 2
a. If
the grievant is not satisfied with the decision rendered pursuant to Step 1,
he/she may appeal the
decision within five (5) workdays to the appointing authority or
his/her designee. The
grievant may be represented by a Union representative. If the
appointing authority
or his/her designee is the first level of appeal, the grievant may
bypass Step 2.
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b. Within
five (5) workdays the appointing authority or his/her designee shall
either agree to
implement the proposed resolution, schedule a hearing, or advise the
grievant/Union, in
writing, to appeal the grievance to Step 3.
c. In
the event the appointing authority or his/her designee proceeds with a
Step 2 grievance
hearing, the appointing authority or his/her designee shall hear,
investigate, and
render a written response within fifteen (15) workdays of receipt of the
appeal from Step 1.
3.10
FORMAL GRIEVANCE - STEP 3
a. If
the grievant is not satisfied with the decision rendered pursuant to Step 2,
the grievant may appeal
the decision within ten (10) workdays. The grievant may be
represented by a
Union representative.
b. Hearing
and Response - Step 3: The County
Executive or his/her
designated
representative shall, within ten (10) workdays of receipt of the appeal,
schedule and conduct
a grievance hearing unless extended by mutual agreement of the
parties. The County Executive
or his/her representative shall render a written response
to the grievance
within twenty (20) workdays following the date of the grievance hearing
unless extended by
mutual agreement of the parties.
3.11
ARBITRATION - STEP 4
If the response of the County Executive
or his/her designated representative is not
satisfactory to the
Union, the Union shall have the right to refer
the matter to binding
arbitration. Such
referral shall be made by written demand submitted to the County
Executive or his/her
designated representative within ten (10) workdays of receipt of
his/her decision.
3.12
RESPONSE
If the County fails to respond to a
grievance within the time limits specified for that
step, the grievant or
the Union shall have the right to appeal to
the next step, except that
only the Union shall have the right to refer the matter to binding
arbitration.
3.13
COPY OF DECISION
At each step of the formal grievance
procedure, a copy of the decision shall be
sent to the Union at the same time as the decision is sent to the
Union representative of
record, if any, and
to the grievant.
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3.14
SELECTION OF ARBITRATOR
a. The
parties to the hearing and to the selection of the arbitrator shall be the
employee, who may be
represented by the Union or independent
counsel, and the
County.
b. In
the event the parties are unable to agree on the selection of an arbitrator,
the arbitrator shall be
selected from the following list.
Thomas
Angelo
Bonnie
Bogue
Boren
Chertkov
Alexander
Cohn
Kathleen
Kelly
This list may be
modified by mutual agreement of the parties.
3.15
DECISION
a. The
decision of the arbitrator shall be final and binding.
b. The
arbitrator shall have no authority to add to, delete or alter any provision
of this Agreement nor
shall the arbitrator substitute his/her discretion in any case where
the County is given
or retains such discretion. The arbitrator shall limit his/her decision to
the application and
interpretation of the provisions of this Agreement.
3.16
COSTS
a. The
fees and expenses of the arbitrator shall be shared equally by the
parties.
b. The
fees and expenses of a court reporter if required by the arbitrator and
agreed to by the
parties shall be shared equally by the parties.
3.17
WITNESSES
The County agrees that employees shall
not suffer loss of compensation for time
spent as a witness at
an arbitration hearing held pursuant to this Agreement. The Union
agrees that the
number of witnesses requested to attend and their scheduling shall be
reasonable. The
County shall cooperate in making witnesses available for the arbitration
hearing.
3.18
EXPEDITED ARBITRATION
At any step of the grievance procedure
at which the appropriate County
representative
declares he/she does not have authority to resolve a pending grievance,
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the Union
may proceed directly to the next step of the grievance procedure. The County
and the Union may, by mutual agreement, submit an issue directly
to Step 4 of the
grievance procedure.
ARTICLE IV
HOURS OF WORK AND OVERTIME
4.1
OVERTIME
a. Supervisors
will be compensated only for overtime ordered by designated
supervisory
personnel. Overtime shall be discouraged.
b. Except
as otherwise provided, supervisors required to work in excess of
eight (8) hours per
day or forty (40) hours per week shall be compensated for such
overtime with pay at
one and one-half times the hourly rate or by compensating time off
on the basis of one
and one-half hours off for each hour of overtime worked.
Compensation may be
paid in cash when overtime is required for the protection of
persons or property,
when the granting of time off would seriously disrupt the operations
of the department, or
in other cases of a unique nature warranting cash payment.
Compensating time off
shall be given in all other cases. Such compensating time off
shall be used within
one (1) year from the time the overtime was performed. If the
department is unable
to schedule and grant the time off within one (1) year, cash
payment shall be made
in lieu of compensating time.
c. All
paid leave except sick leave shall be counted as time worked. Time
worked in excess of
eight (8) hours in a day shall not be counted in determining whether
a supervisor has
worked in excess of forty (40) hours in a week.
d. Part-time
supervisors shall be compensated for overtime at their regular
hourly rate or one
(1) hour of compensating time off for each hour worked in excess of
their normal workday
or week; provided, however, for work performed in excess of eight
(8) hours per day or
forty (40) hours per week, they shall be compensated as provided in
Subsection b. above.
e. Supervisors
who work overtime shall promptly and accurately report such
time in the manner
prescribed by County.
f. Overtime
shall be distributed fairly among supervisors insofar as
circumstances permit.
g. Subsections
b., c., and d., shall not apply to supervisors designated
overtime Code 64 in
Exhibit "C" of this Agreement. Such supervisors shall accrue one
(1) hour of
compensating time off for each hour worked in excess of eight (8) hours per
day or forty (40)
hours per week. Such compensating time off shall be used within one
(1) year from the
time the overtime was performed. If not used, it is lost.
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h. Employees
in the classes of Wastewater Treatment Plant Operations
Supervisor at the
Sacramento Regional Wastewater Treatment Plant may be
compensated for
overtime at the County's option in time and one-half cash in lieu of time
and one-half
compensating time off (CTO) in recognition that the granting of
compensating time off
may compound the overtime work requirements within the
constant staffing
requirements of the Plant
Control Center.
i. The provisions on overtime shall continue
so long as the employees
covered by this
Agreement are exempt from the Fair Labor Standards Act. The County
and the Union agree that the Fair Labor Standards Act is
inapplicable to supervisors
covered by this
Agreement.
j. The
employee in the class of Water Quality Control Systems Supervisor at
the Sacramento
Wastewater Treatment Plant may be compensated for overtime at the
County's option in
straight time cash in lieu of straight time CTO during the new
construction expansion
period at the Plant and in recognition that the granting of
compensating time off
may compound the overtime work requirements during the major
construction period
at the Plant.
k. The
parties mutually agree that the appointing authority shall have the sole
authority to schedule
the use of accrued CTO. Such scheduling shall be at the discretion
of the division chief
for supervisors in the Municipal Services Agency. The appointing
authority, or
designee, will give supervisors five (5) calendar days’ notice prior to
scheduling CTO. The
Department of Regional Parks, Recreation and Open Space shall
be exempted from the
five (5) calendar days’ scheduling notice. Parks and Recreation
supervisors covered
by this Agreement who report for their regularly scheduled shift shall
be paid a minimum of
two (2) hours of straight time pay if sent home on CTO as outlined
in this section.
4.2
STANDBY ASSIGNMENTS AND CALL BACK
a. Any
supervisor who is required to remain on standby for emergency work
shall be compensated
the equivalent of two (2) hours straight time pay for each standby
shift, whether or not
the supervisor is called to work. A standby shift shall be eight (8)
hours or less.
Standby pay may only be earned once in each standby shift.
b. The
supervisor who performs emergency work on standby duty shall be
compensated therefor as overtime worked. A minimum of two (2) hours
overtime
compensation per
shift shall be paid to an employee who is called back, in addition to the
standby pay to which
such employee is entitled pursuant to Subsection a.
c. Any
supervisor called in to work shall be compensated a minimum of two
(2) hours pay.
d. A
supervisor on standby who in a County vehicle is en route to work a
regular shift and is
called upon to work shall not be eligible for the two-hour minimum.
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4.3
WORKWEEK
a. Supervisors
within a specific section, unit, division or department may work
a modified workweek
of less than five (5) days, but not less than forty (40) hours, subject
to approval of the County
and the Union.
b. Special
Work Schedule: Underground, Mechanical, and Water Quality
Control Systems
Supervisor classifications.
(1) Supervisors in the classifications of Underground Supervisor,
Mechanical
Supervisor and Water Quality Control Systems
Supervisor
shall work nine (9) hours per day Monday through
Thursday
and eight (8) hours per day every other Friday. The
normal
work schedule of a supervisor shall be eighty (80) hours per
biweekly
pay period, with one (1) workweek of thirty-six (36) hours
and
one (1) of forty-four (44) hours. The normal work schedule shall
provide
for each supervisor to be off every other Friday.
(2) Overtime
shall be earned when a supervisor works in excess of nine
(9)
hours per day on Monday through Thursday, eight (8) hours per
day
on a Friday a supervisor is scheduled to work on Friday, or
thirty-six
(36) hours per week a supervisor is scheduled to have
Friday
off.
(3) A supervisor shall be granted a holiday that falls on the
supervisor's
scheduled
workday, except that if the workday is a nine-hour day,
the
remaining hour must be taken off as leave without pay, from
accumulated
compensating time off, or accumulated vacation time.
If
a holiday falls on a supervisor's scheduled day off, the supervisor
shall
accrue eight (8) hours compensating time off.
(4) The County shall have the right to return to the normal eight-hour
day,
five-day week upon giving thirty (30) days' notice to the Union
and
to the supervisors involved.
c.
If during the term of this Agreement, employees in classes which are
subordinate to the
supervisors represented by this Union agree to
a change in their hours
of work, the County
agrees to reopen negotiations with this Union
for the express
purpose of
negotiating a like change in hours for the affected supervisors.
d. Part-Time
Employees: Regular employees employed part-time, either
voluntarily or as a
result of a reduction-in-hours in lieu of layoff shall be subject to the
following conditions:
(1) The salary of part-time regular employees shall be prorated based
on the number of
hours worked.
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(2) Vacation, sick leave and holiday benefits shall be prorated based
upon the number of
hours worked.
(3) Such regular employees who work forty (40) or more hours per pay
period
shall be eligible for group medical insurance and health
benefits,
dental benefits, and life insurance; and the County shall
make
contributions in the same amount as for full-time employees.
(4) It is understood that part-time employees are not eligible for
Social
Security withholding.
e. Supervisors
shall be given at least five (5) workdays' notice prior to a
change in their shift
or days off. If a supervisor's shift or days off are changed without the
above notification,
he shall be paid the overtime rate for all hours worked on the first day
of the new shift. The
notice requirement and overtime provision shall not apply to
emergency
assignments.
f. Special
Work Schedule -Traffic Signs and Signals:
(1) Supervisors in the classifications of Senior Traffic Signal
Supervisor,
Traffic
Signal Supervisor, Senior Traffic Signs Supervisor, and Traffic
Signs
Supervisor assigned to the Traffic Signs and Signals Section,
shall
work nine (9) hours per day Monday through Thursday and
eight
(8) hours per day every other Friday. The normal work
schedule
of a supervisor shall be eighty (80) hours per biweekly pay
period,
with one (1) workweek of thirty-six (36) hours and one (1) of
forty-four
(44) hours. The normal work schedule shall provide for
each
supervisor to be off every other Friday.
(2) Overtime shall be earned when a supervisor works in excess of nine
(9)
hours per day on Monday through Thursday, eight (8) hours per
day
on a Friday a supervisor is scheduled to work, forty-four (44)
hours
per week a supervisor is scheduled to work on Friday, or thirtysix
(36)
hours per week a supervisor is scheduled to have Friday off.
(3) A supervisor shall be granted a holiday that falls on the
supervisor's
scheduled
workday, except that if the workday is a nine-hour day,
the
remaining hour must be taken off as leave without pay, from
accumulated
compensating time off, or accumulated vacation time.
If
a holiday falls on a supervisor's scheduled day off, the supervisor
shall
accrue eight (8) hours compensating time off.
(4) The County shall have the right to return to the normal eight-hour
day,
five-day week upon giving thirty (30) days' notice to the Union
and
to the supervisor involved.
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g. Assessor's
Office Alternate Work Schedules:
(1) The Nine-Day, Eighty-Hour (9/80) Schedule:
(a) Supervisors in the classifications of
Supervising Auditor
Appraiser,
Supervising Real Property Appraiser, and
Supervising
Cadastral Drafting Technician may work a 9/80
work
schedule. Approval for supervisors to work the 9/80
work
schedule shall be within the sole discretion of the
Assessor.
(b) The normal work schedule of a supervisor on
the 9/80
schedule
shall be eighty (80) hours per biweekly pay period
with
one (1) workweek of thirty-six (36) hours (four [4] nine hour
workdays)
and one (1) of forty-four (44) hours (four [4]
nine-hour
workdays and one (1) eight-hour workday).
(c) Overtime for supervisors working a 9/80
schedule shall be
earned
when a supervisor works in excess of nine (9) hours
per
day on a normally scheduled nine-hour workday and in
excess
of eight (8) hours per day on the normally scheduled
eight-hour
workday. Overtime shall also be earned when a
supervisor
works in excess of the forty-four (44) hours per
week
when the supervisor is scheduled to work forty-four (44)
hours
per week, or when a supervisor works in excess of
thirty-six
(36) hours per week when the supervisor is
scheduled
to work four (4) days (thirty-six [36] hours) per
week.
(d) Supervisors working a 9/80 schedule shall
take an unpaid
meal period
generally in the middle of their work period.
(2) The Four-Day/Nine-Hour, One-Day/Four-Hour (4/9/4) Schedule:
(a) Supervisors in the classifications of
Supervising Assessor's
Aide, and
Clerical Supervisor II working at the Assessor's
Office may
work a 4/9/4 work
schedule. Approval for
supervisors
to work the 4/9/4
work schedule shall be within
the sole
discretion of the Assessor.
(b) The normal work schedule of a supervisor on the
4/9/4
schedule
shall be forty (40) hours per week with one (1)
workday of
four (4) hours and four (4) workdays of nine (9)
hours.
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(c) Overtime for supervisors working a 4/9/4 schedule shall be
earned
when a supervisor works in excess of nine (9) hours
per
day on the normally scheduled nine-hour workdays and in
excess
of four (4) hours per day on the scheduled four-hour
workday.
Overtime shall also accrue when a supervisor
works
in excess of forty (40) hours per week.
(d) Supervisors working a 4/9/4 modified work schedule shall
take an
unpaid meal period, generally in the middle of their
work period,
when working a nine-hour day.
(3) Holidays: A supervisor shall be granted a holiday that falls
on the
supervisor's
scheduled workday, except that if the workday is a nine hour day, the remaining
hour must be taken off as leave first from
accumulated
compensating time off, and second from accumulated
vacation
time; if there are no leave balances, then leave without pay.
If
a holiday falls on a supervisor's scheduled day off, the supervisor
shall
accrue eight (8) hours compensating time off. Supervisors on
the
4/9/4 schedule
whose four-hour workday falls on a holiday shall
receive
four (4) hours of CTO in addition to the four (4) hours of
holiday
time.
(4) Leave Usage: For both the 9/80 and 4/9/4 work schedules, full day
absences
on vacation, sick leave, CTO or HIL taken by supervisors
on
a scheduled nine-hour day shall result in the deduction of nine (9)
hours
accrued leave balance. A full day of leave taken on a
scheduled
eight-hour or a scheduled four-hour day shall result in the
deduction
of either eight (8) hours or four (4) hours leave
respectively.
(5) Return to Five-Day/Forty-Hour Schedule:
(a) The individual supervisors shall have the
right to return to the
normal
five-day/forty-hour work schedule at the beginning of a
pay
period solely upon giving five (5) workdays' written notice
to
the Assessor.
(b) The Assessor shall have the right to return
any individual
supervisor,
or any work section to the normal eight-hour day
and
five-day schedule solely upon giving five (5) workdays'
written
notice to the supervisors so affected.
(c) The County shall have the right to return to
the normal eight hour
day, five-day
per week schedule solely upon giving thirty
(30) calendar
days' notice to the Union.
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h. Consolidated
Utilities Billing Four-Day Workweek Schedule: Effective
April 1, 1991, at the option of the County and the Municipal Services
Agency, the
supervisors of the
Consolidated Utility Billing Section may be assigned to work ten (10)
hours per day, four
(4) days per week. Four-day workweek shall be subject to the
following policies:
(1) Employees shall earn overtime compensation in accordance with
Section
4.1, except that such overtime shall be earned when
employees
work in excess of ten (10) hours per day or forty (40)
hours
per week.
(2) Sick leave
with pay shall be accrued, accumulated, and taken in
accordance
with Section 8.3 of this Agreement.
(3) Vacation
leave with pay shall be accrued and used in accordance
with
Sections 8.1 and 8.2.
(4) Holidays:
Employees shall be granted the day off in accordance
with
Section 6.1 of the Agreement if a holiday falls on an employee's
scheduled
workday, except that the remaining two (2) hours must be
taken
off as leave without pay, or from accumulated compensating
time
off or accumulated vacation time. If a holiday falls on an
employee's
scheduled day off during the normal Monday through
Friday
workweek, the employee shall accrue eight (8) hours of
compensating
time off.
(5) All other
provisions of this Agreement shall apply to employees who
work
a ten-hour day/forty-hour workweek in the same manner as
such
provisions apply to employees who work a regular eight-hour/
forty-hour
workweek.
(6) Workweeks of ten (10) hours per day shall be authorized only when
approved in advance
by the County and the Union.
(7) The County shall have the right to discontinue the four-day work
schedule by giving
the Union ten days' notice.
4.4
9/80 WORK SCHEDULES
a. An
appointing authority, with the prior approval of the County Executive,
may approve requests
of employees covered by this Agreement in their department to
work a 9/80 work
schedule.
b. For
employees who do not receive time and one-half overtime pay, the
workweek will remain
from 12:00 a. m. on Sunday
to 12:00 a. m. the
following Sunday, a
period of seven (7)
consecutive twenty-four hour periods.
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(1) For these employees, the 9/80 work schedule is a schedule which
during
one (1) week of the biweekly pay period the employee is
scheduled
to work four (4) nine-hour workshifts for a total of
thirty-six
(36)
hours, and during the other week of the pay period is scheduled
to
work four (4) nine-hour workshifts and one (1)
eight-hour
workshift.
(2) For these employees working the 9/80 work schedule who are
eligible
to earn straight-time overtime, overtime shall be earned when
the
employee is required to work in excess of nine (9) hours when
normally
scheduled to work the nine-hour workshift, and in
excess of
eight
(8) hours when normally scheduled to work the eight-hour
workshift.
Overtime shall also be earned when an employee eligible
for
overtime is required to work in excess of thirty-six (36) hours
during
the week the employee is scheduled to work thirty-six (36)
hours,
or in excess of forty-four (44) hours during the week the
employee
is scheduled to work forty-four (44) hours.
c. For
employees who do receive time and one-half overtime pay, the
individual employee’s
workweek must be redesignated by the County so that
it
commences in the
middle of the eight-hour workshift as described in
Subsection b.(1)
above. This redesignated workweek must be in writing and specifically
state the day of
the week and time of
day that the workweek commences and the effective date of the
redesignated workweek. This must be completed and approved prior
to the employee
working the 9/80
schedule and be filed in the employee’s personnel file. This
redesignated workweek must be changed prior to the employee
altering the day of the
week or time of day
that the eight-hour workshift occurs; the redesignated workweek
must always commence
during the middle of the eight-hour workshift. This redesignated
workweek must also be
changed back to the standard Sunday through Saturday
workweek upon the
employee moving off of the 9/80 work schedule.
(1) For these employees, the 9/80 work schedule is a schedule in which
during
each redesignated workweek the employee works four
(4)
nine-hour
workshifts and one (1) four-hour workshift.
The two (2)
four-hour
workshifts are worked consecutively in a manner to
constitute
one (1) eight-hour work period, similar to the eight-hour
workshift
provided in Subsection b.(1) above.
(2) For these employees, overtime shall be earned when the employee
is
required to work in excess of nine (9) hours when normally
scheduled
to work the nine-hour workshift, and in excess of
forty (40)
hours
during the redesignated workweek. Additionally,
overtime will
be
earned when the employee is required to work more than four (4)
hours
when normally scheduled to work either of the four-hour
workshifts.
- 22 -
d. Employees
working a 9/80 schedule shall take an unpaid meal period in the
middle of their
nine-hour and eight-hour workshifts, or between the
two (2) four-hour
workshifts. Employees may receive one (1) rest period during
the first half of the
employee’s nine-hour
or eight-hour workshift. Employees who work two (2)
four-hour
workshifts may receive one (1) rest period during each
four-hour shift.
e. An
employee shall be granted a holiday that falls on the employee’s
scheduled eight-hour workshift. If the holiday falls on the scheduled nine-hour workshift,
the remaining hour
must be taken off as leave first from accumulated compensating time
off or holiday in
lieu, and second from accumulated vacation time; and, if there are no
leave balances, then
leave without pay. If the holiday falls when the employee is
scheduled to work the
two (2) four-hour workshifts, then both four-hour workshifts shall
be deemed the
holiday. If a holiday falls on an employee’s scheduled day off, the
employee shall accrue
eight (8) hours compensating time off.
f. Full
shift absences on vacation, sick leave, compensating time off, or
holiday in lieu taken
by employees on a scheduled nine-hour workshift shall
result in the
deduction of nine (9)
hours from the employee’s accrued leave balances. Full shift
absences on the
eight-hour workshift shall result in a deduction of
eight (8) hours from
the employee’s
accrued leave balances. Full shift absences from either four-hour
workshift shall result in the deduction of four (4) hours from
the employee’s accrued leave
balances.
g. Employees
may return to the standard five-day, forty-hour workweek upon
the approval of their
appointing authority.
h. The
appointing authority shall have the right to return employee(s) to the
standard five-day,
forty-hour workweek schedule after providing advance written notice of
two (2) full pay
periods to the affected employee(s).
4.5
FOUR-DAY, FORTY-HOUR WORKWEEK
An appointing authority, with the
prior approval of the County
Executive, may
assign employees
covered by this Agreement to work a work schedule consisting of four
(4) ten-hour workdays
per week, subject to the following conditions:
a. Overtime:
Employees shall earn overtime
compensation in accordance
with Section 4.1, except
that such overtime shall be earned when
employees work in excess of
ten (10) hours per day or forty (40) hours per
week.
b. Sick
Leave: Sick leave with pay shall be
accrued, accumulated, and taken
in accordance with Section
8.3 of this Agreement and Subsection d. below.
c. Vacation
Leave: Vacation leave with pay shall
be accrued and used in
accordance with Section 8.1
and 8.2 and Subsection d. below.
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d. Leave
Usage: Full shift absences on
vacation, sick leave, compensating
time off, or holiday in lieu
taken by employees on a scheduled ten-hour
workshift
shall result in the deduction of ten (10) hours from the employee's
accrued leave balance.
e. Holidays:
Employees shall be granted the day off
in accordance with
Section
6.1 of the Agreement if a holiday falls on an employee's scheduled
workday,
except that the remaining two (2) hours must be taken off as leave
first
from accumulated time off, and second from holiday in lieu or
accumulated
vacation time; and, if there are no leave balances, then leave
without
pay. If a holiday falls on an employee's scheduled day off during
the
normal Monday through Friday workweek, the employee shall accrue
eight
(8) hours of compensating time off.
f. Holiday
In Lieu: Employees who work in a unit for which the normal work
schedule
includes Saturdays, Sundays, and holidays shall accrue eight (8)
hours
holiday time every four (4) weeks in accordance with Section 6.1-c. of
this
Agreement, except that in-lieu days off shall be for a ten-hour workday.
g. Other
Provisions: All other provisions of this Agreement shall apply to
employees
who work a ten-hour day/forty-hour workweek in the same
manner
as such provisions apply to employees who work a regular eighthour/forty-hour
workweek.
h. Return
to Normal Five-Day Schedule: The County shall have the right to
discontinue
the four-day work schedule by giving the Union ten (10) days’
notice.
4.6
AIRCRAFT RESCUE AND FIRE FIGHTING
24-HOUR WORK SCHEDULE
At such time that the County decides
to implement a twenty-four hour work
schedule in Aircraft
Rescue and Fire Fighting (ARFF), the parties agree that such twenty-four hour
work schedule shall be administered in accordance with the following
provisions:
a. Hours
of Work:
(1) The article on hours of work and overtime of this Agreement shall
not apply to
employees assigned a twenty-four hour work schedule.
(2) All 24 twenty-four-hour employees shall be scheduled to work a
total
of nine (9) shifts
within a twenty-seven-day cycle, for a total of 2,912
hours
of work per year. Employees shall report for duty at 0800 and
go
off duty twenty-four (24) hours later, at 0800 the following
morning.
Designation of shifts and assignment of personnel shall be
at
the discretion of the County.
- 24 -
(3) Employees assigned a twenty-four hour work schedule shall be on
duty
at all times and prepared to perform airport emergency rescue
and
fire-fighting activities as required. Other duties such as general
maintenance,
equipment readiness, inspections, and related work
shall
normally be performed between 0800 and 1700 hours. Break
times
and meal periods shall be considered hours worked and will be
arranged
by the County as operations permit.
b. Salary:
(1) The sections on night shift pay and incentive pay for fire
operations
supervisors of this
Agreement shall not apply to employees assigned
on a twenty-four hour
work schedule.
(2) The straight time hourly rate of pay for employees on a twenty-four
hour
work schedule shall be determined by dividing the employee’s
annual
base salary by 2,912 hours. The annual base salary shall
include
Emergency Medical Technician (EMT) incentive pay and the
total
annual cost of night shift pay earned by employees pursuant to
this
Agreement but applied equally to all employees on a twenty-four
hour
work schedule.
(3) Whenever an employee is reassigned from a twenty-four hour work
schedule
(2,912 hours of work per year) to a forty-hour work
schedule
(2,080 hours of work per year), the employee’s straight
time
hourly rate shall be determined by dividing the employee’s
annual
salary by 2,080 hours. As long as employees remain in
ARFF
job classifications while working a forty-hour work schedule,
they
shall not be eligible for night shift pay.
(4) Employees will be paid on a biweekly pay schedule using fifty-six
(56)
hours per week or 112 hours per pay period as the standard
number
of hours for the biweekly salary, which is equivalent to 2,912
hours
per year.
c. Overtime:
(1) Overtime hours worked will be compensated at one and one-half
(1-½)
times an employee’s straight time hourly rate of pay. An
employee
shall be compensated at the overtime rate for all hours
worked
that are not part of the employee’s assigned work schedule
and
for those hours worked over 204 hours in the twenty-seven day
cycle.
Leave time taken by an employee shall not be counted as
time
worked for overtime purposes.
- 25 -
(2) The County has the right to require an employee to remain at work
and
perform work-related duties for the duration of the established
overtime
period.
d. Callback:
Callback shall be paid at 1-½ times the hourly rate of pay, for a
period of two (2) hours or
for hours actually worked, whichever is greater.
e. Leave
Time:
(1) Vacation, sick leave, holiday-in-lieu, parental leave and the four
(4)
hours
off work with pay on the last working day before Christmas or
New
Year’s provided for in this Agreement shall be accrued by
twenty-four
hour work schedule employees (2,912 hours of work per
year)
at the current accrual rates, times a conversion factor of 1.4.
For
example, forty-hour work schedule employees (2,080 hours of
work
per year) accrue sick leave at the rate of 4.6 hours biweekly.
Thus,
twenty-four-hour work schedule employees shall accrue 6.44
(4.6
X 1.4 = 6.44) hours of sick leave biweekly. Leave time accruals
shall
be decreased by the conversion factor of 1.4 whenever an
employee
is reassigned from a twenty-four-hour work schedule to a
forty-hour
work schedule.
(2) Leave time balances and “caps” (maximums) shall be increased by
the
conversion factor of 1.4 whenever an employee is reassigned
from
a forty-hour work schedule to a twenty-four-hour work schedule.
Leave
time balances and caps shall be decreased by the conversion
factor
of 1.4 whenever an employee is reassigned from a twentyfour-
hour
work schedule to a forty-hour work schedule.
(3) Vacation, sick, and other leave time provided for in this Agreement
shall
be taken by twenty-four-hour work schedule employees
pursuant
to existing provisions of this Agreement, except that leave
time
other than sick leave shall not be taken in blocks of less than
four
(4) hours, at the discretion of management.
(4) For the Wellness Incentive Program, the twelve (12) hours use of
sick
leave and the eight (8) hours off will be converted by a 1.4
factor.
f. General:
(1) If the above provisions conflict with other terms of this
Agreement,
the provisions of
this section shall prevail.
- 26 -
(2) Whenever a term of this Agreement references a forty-hour work
schedule,
such term shall be increased, if applicable, by a
conversion
factor of 1.4 when it is applied to employees assigned a
twenty-four-hour
work schedule.
g. Emergency
Medical Technician Training: If the Department implements the
above
twenty-four-hour work schedule, it will require the EMT Training and
provide such training
on County time.
h. Retirement:
Employees shall be credited with 2,080 hours of service credit
per year or eighty
(80) hours per pay period for retirement purposes.
i. Jury Duty:
(1) If jury duty occurs on the same day as a scheduled shift, the
employee
will inform his/her immediate supervisor in advance and
report
directly to the assigned jury duty location. Upon release from
jury
duty for the day, the employee will report for the remainder of the
shift.
(2) If an employee is required to report for jury duty on the day
following
a
duty shift, the employee shall be released from duty ten (10) hours
prior
to the end of the shift for the purpose of assuring rest and
alertness
in the performance of jury duty.
(3) When an employee is on jury duty for the entire day, is released
from
jury
duty by the court after 4:30 p.m.
and is scheduled to return to
jury
duty the following day, the employee shall not be required to
report
for the remainder of his/her assigned shift. If, however, the
employee
is released by the court prior to 4:30
p.m. the employee
shall
report for his/her assigned shift and shall thereafter be released
from
duty ten (10) hours prior to the end of the shift.
ARTICLE IV
SALARIES
5.1
SALARY INCREASES
a. 2006-07
Salaries: Effective June
25, 2006, salaries of employees in the
General Supervisory
Unit shall be increased by 3.0% as provided in Exhibit “A.” The
ranges stated refer
to the Salary Schedule which is Exhibit “B.”
b. 2007-08
Salaries: Effective June
24, 2007, salaries shall be increased
based on the average
percent of year-to-year change in the Consumer Price Index (U.S.
City Average, Urban
Wage Earners and Clerical Workers) reported for each of the twelve
- 27 -
(12) months ending
with the month of March 2007, rounded to the nearest one-tenth of
one percent (1/10%);
provided, however, such increase shall not be less than two
percent (2%) nor more
than five percent (5%).
c. 2008-09
Salaries: Effective June
22, 2008, salaries shall be increased
based on the average
percent of year-to-year change in the Consumer Price Index (U.S.
City Average, Urban
Wage Earners and Clerical Workers) reported for each of the twelve
(12) months ending
with the month of March 2008, rounded to the nearest one-tenth of
one percent (1/10%);
provided, however, such increase shall not be less than two
percent (2%) nor more
than five percent (5%).
d. 2009-10
Salaries: Effective June
21, 2009, salaries shall be increased
based on the average
percent of year-to-year change in the Consumer Price Index (U.S.
City Average, Urban
Wage Earners and Clerical Workers) reported for each of the twelve
(12) months ending
with the month of March 2009, rounded to the nearest one-tenth of
one percent (1/10%);
provided, however, such increase shall not be less than two
percent (2%) nor more
than five percent (5%).
e. 2010-11
Salaries: Effective June
20, 2010, salaries shall be increased
based on the average
percent of year-to-year change in the Consumer Price Index (U.S.
City Average, Urban
Wage Earners and Clerical Workers) reported for each of the twelve
(12) months ending
with the month of March 2010, rounded to the nearest one-tenth of
one percent (1/10%);
provided, however, such increase shall not be less than two
percent (2%) nor more
than five percent (5%).
f. During
the term of this Agreement, supervisors shall receive any change in
the following
benefits if such benefit change is made generally applicable to management
personnel: vacation
accrual rates, vacation accumulation, sick leave accrual rates,
disability leave,
family death leave, holidays, dental insurance, unemployment insurance,
tuition
reimbursement, and mileage reimbursement.
5.2
EQUITY ADJUSTMENTS
a. Equity
adjustments shall be paid to employees in the following classes
effective on the
dates specified:
Classification June 25, 2006 June 24, 2007 June 22, 2008 June 20, 2010
Building Construction Supervisor 14.3%
5.0%
Building Security Attendant Supervisor 5.0%
Chief Storekeeper Range A 5.0%
5.0%
Chief Storekeeper Range B 5.0%
5.0%
Clerical Supervisor I 5.4%
Clerical Supervisor II 5.2%
Data Entry Supervisor 5.0%
Election Supervisor 5.0%
Equipment Maintenance Supervisor 1.8%
Estate Property Officer 5.0%
- 28 -
Classification June 25, 2006 June 24, 2007 June 22, 2008 June 20, 2010
Facility Security Operations Supervisor 5.0%
General Service Supervisor 2 5.0%
Information Technology Supervisor 1.1%
Mechanical Maintenance Supervisor 5.0% 2.0%
Medical Records Supervisor 5.0%
Natural Resource Supervisor 5.0%
2.0%
Park Interpretive Supervisor 5.0%
5.0%
Recreation Supervisor 5.0%
5.0%
Recreation Supervisor Therapy 5.0%
5.0%
Senior Automotive Service Worker 0.1%
Senior Stationary Engineer 5.0%
2.0%
Sheriff Correctional Facility 10.0% 5.0% 5.0%
Recreation
Supervisor
Storekeeper 2 5.0%
5.0%
Supervising Building Inspector 11.4% 5.0%
Supervising Cadastral Drafting
Technician 5.0%
Supervising Construction Inspector 14.3% 5.0%
Supervising Coroner Technician 7.0% 5.0%
Supervising Custodian 1 5.0%
Supervising Custodian 2 5.0%
Supervising Deputy Public Guardian
Conservator 0.1%
Supervising Dietitian 4.1% 5.0%
Supervising Engineering Technician 14.0% 5.0%
Supervising Imaging Specialist 2.0%
Supervising Industrial Waste Inspector 0.2%
5.0%
Supervising Legal Secretary 5.0%
Supervising Map Checking 7.0% 5.0%
Supervising Permits Fees 7.0% 5.0%
Supervising Public Health
Microbiologist 5.0%
Supervising Radiologic Technologist 1.8% 5.0% 5.0%
Supervising Therapist 5.0% 5.0%
Traffic Signals and Lighting Supervisor 5.0%
5.0%
Traffic Signs Supervisor 5.0% 5.0%
Underground Construction &
Maintenance
Supervisor 5.0% 2.0%
Waste Management Operations
Supervisor 5.0%
Waste Water Treatment Plant
Operations
Supervisor 5.0%
2.0%
Water Quality Control Systems
Supervisor 5.0%
2.0% 5.0%
Water Quality Laboratory Supervisor 5.0% 2.0%
b. All
salary increases provided for by this Agreement shall be calculated at
Step "9".
- 29 -
5.3
INIMUM SALARY SPREAD
a. The
County agrees to maintain a ten percent (10%) spread between Step 9
of the supervisory
class in the General Supervisory unit and Step 9 of the highest paid
subordinate class.
This provision sunsets on June
30, 2011.
b.
The County agrees to maintain a twenty percent (20%) spread between
Step 9 of the class
of Wastewater Treatment Plant Operations Supervisor and Step 9 of
the class of Senior
Wastewater Treatment Plant Operator. This provision sunsets on
June 30, 2011.
5.4
SALARY ADMINISTRATION
a. Effective
December 3, 2000,
the entry step within the established range for
each class shall be
Step “5” unless specifically designated as Step - “6”, “7”, “8”, or “9”.
Except as otherwise
provided below, any person appointed to a class shall receive the
entry step of the
range of such class and shall accrue other benefits as a new employee.
(1) Transition of employees in salary steps “2,” “3,” and “4”:
(a) Effective December 3, 2000, employees in Salary Steps “2”
and
“3” will be moved to salary Step “5” with no change in
salary
step increase date.
(b) Effective December 3, 2000, employees in Salary Step “4”
will
be
moved to Salary Step “6” with a new salary step increase
date
of December 3, 2000.
b. Reemployment:
Any person appointed in accordance with the rule
governing
reemployment following layoff shall receive compensation and benefits as
though he or she had
been on leave without pay.
c. Reinstatement:
Any person appointed in accordance with the rule
governing
reinstatement following resignation in good standing shall be considered a new
supervisor. At the
discretion of the appointing authority, a reinstated supervisor may
receive a starting
salary higher than Step "5" but not exceeding the step that he or she
received at the time
of resignation.
d. Return
to Former Class: A supervisor who is returned to a former class
following promotion,
transfer, or demotion due to layoff, shall receive that step of the
range which he or she
would have received had he or she never left the former class.
e. Promotion:
Upon promotion, a supervisor shall receive in the new class the
lowest step which
provides an increase of at least 5%. Extra-help employees shall be
placed at the lowest
step in the new class. (Effective July 15, 1990)
- 30 -
f. Transfer:
Upon transfer, a supervisor shall receive the same step in the
new range as he or
she received in the former range. For purposes of this provision, a
transfer is a change
between classes where the maximum salary rate of the class to
which transfer is
made is less than 5% higher or is less than 5% lower than the maximum
salary rate of the
former class.
g. Demotion:
A demotion is a change to a class which has a maximum salary
rate which is at
least 5% lower than the maximum salary rate of the former class.
Whenever a supervisor
is demoted due to layoff, without cause or inability on his or her
part, his or her
salary shall be that step in the new range which provides an equal salary,
or in the absence
thereof, the nearest lower salary, to that received prior to the demotion.
In all cases of demotion
for cause, the supervisor shall receive the same step in the lower
range as he or she
received in the higher range. A supervisor with permanent status in a
class who, with the
approval of the appointing authority, voluntarily demotes to a lower
class shall receive
the step in the lower range which provides an equal salary or, in the
absence thereof, the
nearest lower salary to that which was received prior to demotion.
h. Return
from Leave Without Pay: Return following leave without pay is not
an appointment, but
is a continuation of service; however, salary and benefits, other than
employment status,
shall be based on actual service. This provision shall not apply to
supervisors returning
from military leave.
i. Y-rate: The Board of Supervisors
may adopt a Y-rate to apply to: (1) a
supervisor who would
suffer an actual decrease in salary as a result of action taken by
the County, without
fault or inability on the part of the supervisor or (2) a supervisor who
is changing from one
(1) class series to another, as a normal consequent of career
development through
the County's upward mobility program, and the salary of the class
the supervisor enters
in the new class series is less than the salary the supervisor was
receiving in the
former class. A Y-rate means a salary rate, for an individual supervisor,
which is greater than
the established range for the class.
j. Y-rate
Salary Increase: A supervisor for whom a Y-rate is established shall
not receive any
increase in salary until such time as his or her rate of compensation is
within the
established range for the class, at which time the supervisor shall receive the
highest step of the
range. The supervisor shall receive a proportionate decrease in
salary whenever a
lower range is established for the class in the Agreement.
k. Granting
of Status: Whenever the Civil Service Commission or other
appropriate authority
grants a supervisor direct status in another class, the supervisor
shall receive the
step determined in accordance with the provisions of this section.
l. Class Salary Range
Changes: When the salary range for a class is
changed in the
Agreement, supervisors in the class shall change to the new range but
shall remain at the
same step. When changes in a supervisor's class or salary, or both,
occur simultaneously
with salary range adjustments in the Agreement, the supervisor
changes shall precede
the Agreement adjustments in application.
- 31 -
m. Entry
Step Adjustments: When the entry step for a class is adjusted to
above Step
"5" in the Agreement, the salary step for each supervisor in the
class shall be
increased in
proportion to the change in entry step; provided, however, that no supervisor
shall advance beyond
Step "9".
n. Biweekly
Salaries: The pay period for all supervisors shall cover fourteen
(14) calendar days,
starting on a Sunday and ending with the second Saturday thereafter.
Salaries shall be
paid on the Friday following the end of the pay period; except that if
Friday falls on a
holiday, salaries shall be paid on Thursday. Salaries shall be computed
as provided in this
Agreement.
o. Salary
Computation: The regular salary for each supervisor shall be based
on the actual number
of days or hours worked in the pay period, including authorized
absences with pay,
multiplied by the supervisor's daily or hourly rate. Such payments
shall not exceed the
biweekly rate as determined by the supervisor's range and step.
p. Special
Pay: Special payment, including standby, overtime, premium and
other special
payments, shall be calculated in accordance with the applicable provisions
of this Agreement.
q. Payment
in Full: Compensation paid pursuant to this Agreement shall be
payment in full for
services rendered in a County position. No supervisor shall accept
any other
compensation for services performed in such position.
r. Salary:
Granted Status, Information Technology Classes Only. Effective
November 8, 1998, the following shall apply to Information Technology
Classes only:
(1) Whenever an employee has been granted status in a new higher
paying
class relating to information technology, the range for which is
at
least five (5) percent or the equivalent of one (1) step greater than
the
range of the employee’s former class, the employee shall receive
the
same step in the higher range in the new class as the step which
the
employee received in the former class if the justifications for the
new
class included the resolution, in whole or in part, of recruitment
and
retention problems.
5.5
SALARY STEP INCREASES
a. Increases
to steps above the entry step shall be based on performance and
length of service.
The employee must have earned the equivalent of at least twenty-six
(26) biweekly pay
period of full-time eligible service since his/her step increase date.
b. Except
as otherwise provided below, a supervisor's step increase date shall
be the first day of
the first full biweekly pay period in any class or the date of his or her
last step increase,
whichever is most recent.
- 32 -
c. A
supervisor's step increase may be deferred while he or she is in
provisional or
probationary status. Upon receipt of a deferred increase, the supervisor's
step increase date
shall be the same as it would have been had the increase not been
deferred; and
retroactive payment will be made.
d. Upon
change in class which results in a salary decrease, a supervisor shall
retain the same step
increase date.
e. Upon
promotion, a supervisor shall receive a new step increase date when
the salary increase
is 9.5% or higher.
f. A
supervisor in Step "9" shall have no step increase date, and service
in
Step "9"
shall not be considered as eligible service for future step increases.
g. Continuous
extra-help employment up to fifty-two (52) weeks of full-time
service, or the
equivalent, shall be considered as eligible service for a step increase for
supervisors who are
appointed to a regular position without a break in service; provided,
however, that credit
for extra-help employment shall be applied in the same manner as
regular service for
salary administration purposes only in respect to promotions,
demotions and
transfers during the extra-help employment period.
h. Overtime
work shall not be considered as eligible service.
i. A step increase may be denied only for
just cause.
5.6
SALARY LEVELS
a. The
salary level at which initial appointments are made to classes with
more than one (1)
salary level, and advancement from the lower to the higher salary level
of such classes (for
example, from Level I to Level II) are at the discretion of the
appointing authority
provided the minimum qualifications as stated in the class
specification as
adopted by the Civil Service Commission are met.
b. The
above sets forth the system for both current and new classes regarding
the determination of
the minimum qualifications for salary levels and neither the County,
the Union,
or the Civil Service Commission shall have the right or obligation to meet and
confer over such
matter during the term of this Agreement.
5.7
PAYROLL ERRORS
a. This
provision applies when the Director of Personnel Services determines
that an error has
been made in relation to the base salary, overtime cash payment or
paid leave accruals,
balances or usage. In such cases the County shall, for purposes of
future compensation,
adjust such compensation to the correct amount. The Director also
shall give written
notice to the supervisor.
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b. As
used in this section:
(1) "Base salary" means the biweekly rate of pay including
special pay
allowances and
differentials but excluding overtime cash payment.
(2) "Overtime cash payment" means authorized pay for working
in
excess of a
prescribed number of hours, usually eight (8) hours per
day or forty (40)
hours per week.
(3) "Paid leave" means vacation, sick leave, compensating
time off, and
all other types of
authorized leave with pay.
(4) "Overpayment" means any cash or leave (balance, usage or
accruals)
that has been overpaid or overcredited to a
supervisor
regardless
of the reason, including but not limited to, administrative,
clerical
or system errors.
(5) "Underpayment" means any cash or leave (balance, usage or
accruals)
that has been underpaid or undercredited to a
supervisor
regardless
of the reason, including but not limited to, administrative,
clerical
or system errors.
c. If
the error has resulted in an overpayment or underpayment,
reimbursement shall
be made to the County if the error was an overpayment, or by the
County if the error
was an underpayment, in the amount which has occurred within one
(1) year prior to the
date of the Director's initial written notice to the supervisor.
(1) In the case of overpayment, a reimbursement of the overpayment
shall be made through
one (1) or a combination of the following
methods:
(a) In cash payment(s) mutually agreed to by the
supervisor and
the
Department of Personnel Services.
(b) A one-time only leave adjustment to CTO or
vacation
equivalent
to the dollar amount of overpayment (sick leave
may
not be used unless the overpayment involved the use of
sick
leave). If the supervisor's balances are not sufficient to
cover
the overpayment, a portion of each subsequent leave
accrual
may be subtracted until the overpayment is satisfied.
(c) Installments through payroll deduction to
cover the same
number
of pay periods over which the error occurred. If the
installments
exceed 10% of the supervisor's base salary
(including
incentives, et cetera), lower deduction is at least
10%
of the supervisor's base salary including incentives, et
cetera.
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(2) In the case of an underpayment, the County will expedite
reimbursement
to the employee via an in lieu warrant, a gross pay
adjustment
or a leave balance adjustment, whichever applies and is
most
appropriate.
(3) A supervisor whose employment terminated prior to full
reimbursement
of an overpayment shall have withheld from any
salary
owing the supervisor upon termination an amount sufficient to
provide
full reimbursement. If that amount is not sufficient to provide
full
reimbursement, the County shall have the right to exercise other
legal
means to recover the additional amount owed.
(4) Any amount of overpayment or underpayment for any period earlier
than
one (1) year prior to the date of the Director's initial written
notice
to the supervisor, shall be deemed waived and not
reimbursable.
d. The
provisions of this section do not apply to grievance disputes which
contend that the
County has underpaid by misapplying or incorrectly interpreting the
terms of this or any
previous Agreement. The time limits for the filing and processing of
any grievance shall
not be deemed to be excused, extended or otherwise modified by the
provisions of this
section. Nor shall the relief available through the grievance procedure
be enlarged by or as
a result of the provisions of this section.
e. The
provisions of this section apply only to errors involving base salary or
overtime cash payment
and paid leave accruals, balances or usage. No provision of this
Agreement shall
preclude the correction or recovery by the County of past overpayments
or other losses which
result from errors involving other matters, such as insurance,
retirement, social
security and court-ordered payments.
ARTICLE VI
HOLIDAYS
6.1
HOLIDAYS
a. All
supervisors who are regular employees shall be entitled to such holidays
with pay as
enumerated herein. All holidays proclaimed by the Governor, other than
Thanksgiving Day,
shall not be deemed County holidays unless affirmatively made so by
resolution of the
Board of Supervisors.
(1) The holidays are: January 1, the third Monday in January,
February
12, the third Monday in February, the last Monday in May,
July
4, the first Monday in September, the second Monday in
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October,
November 11, Thanksgiving Day and the day after
Thanksgiving,
and December 25.
(2) When January 1, February 12, July 4, November 11 or December 25
holidays
fall on Sunday, supervisors who are regular employees who
work
in a unit for which the normal work schedule does not include
Saturday
and Sunday shall be entitled to the Monday following as a
holiday
with pay.
(3) When January 1, February 12, July 4, November 11, or
December
25 holidays fall on Saturday, supervisors who are regular
employees
who work in a unit for which the normal work schedule
does
not include Saturday and Sunday shall be entitled to the
preceding
Friday as a holiday with pay.
b.
It is the intent of the parties that County employees shall take off from work
the Fridays
enumerated herein except where the appointing authority requires otherwise.
c. Supervisors
who are regular employees who work in a unit for which the
normal work schedules
include Saturdays, Sundays and holidays shall be granted one
(1) day off every
four (4) weeks in lieu of prescribed holidays. Such time off shall be
designated in the
supervisor's regular work schedule. If not scheduled and taken every
four (4) weeks, such
time shall accrue at the rate of four (4) hours for each biweekly pay
period.
d. Except
as provided in Subsection a. and Subsection c., supervisors who
are regular employees
required to work on a holiday shall receive overtime compensation
in addition to
holiday pay.
6.2
CHRISTMAS EVE AND NEW YEAR'S EVE
Each supervisor shall be allowed four
(4) hours off work with pay on the last
working day before
Christmas or the last working day before New Year's. If the
supervisor is unable,
because of the needs of the service, to take such time off, he shall
be credited with four
(4) hours compensatory time off.
ARTICLE VII
GENERAL PROVISIONS
7.1
STRIKES AND LOCKOUTS
a. No
lockout of employees shall be instituted by the County during the term of
this Agreement.
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b. The
Union agrees that during the term of this
Agreement, neither it nor its
officers, employees
or members will engage in, encourage, sanction, support or suggest
any strikes, work
stoppages, boycotts, slow downs, mass resignations, mass
absenteeism,
picketing or any other similar actions which would involve suspension of, or
interference with,
the normal work of the County. In the event that members participate
in such activities in
violation of this provision, the Union shall
notify those members so
engaged to cease and
desist from such activities and shall instruct the members to return
to their normal
duties.
7.2
DISCRIMINATION
a. The
County shall not interfere with or discriminate against any employee by
reason of his/her
membership in the Union, or activity approved
by this Agreement, nor
will the County
discourage membership in the Union or
encourage membership in any
other employee
organization.
b. The
Union, in turn, recognizes its responsibility
as exclusive negotiating
agent and agrees to
represent all employees without discrimination, interference,
restraint or
coercion. The provisions of this Agreement shall be applied equally to all
employees, without
discrimination as to age, sex, marital status, handicap, religion, race,
color, creed,
national origin, or political or employee organization affiliation. The Union
shall share equally
with the County the responsibility for applying this provision of the
Agreement.
7.3
APPLICATION OF PERSONNEL ORDINANCE
a. The
Board of Supervisors shall maintain in the Personnel Ordinance
(Chapter 2.78,
Sacramento County Code) the following section:
2.78.020 APPLICATION
OF CHAPTER. This chapter shall not apply to any
employees in a
representation unit created pursuant to Chapter 2.79 to the
extent to which this
chapter is inconsistent with the terms of an agreement or
a memorandum of
understanding covering such employees.
b. The
statement of this modification shall not be construed to make any matter
not expressly covered
by the Agreement subject to a grievance procedure provided by
such agreement.
ARTICLE VIII
LEAVES
8.1
VACATION ACCRUAL
a. Supervisors
covered by this Agreement shall accrue vacation at the rates
shown in the
following schedule:
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Amount of Service Biweekly
Accrual Rate
Less than 3 years 4.0
hours
More than 3 but
less than 15 years 5.5
hours
More than 15 years 7.1 hours
b. Supervisors
may accumulate vacation to a maximum of 400 hours on any
accrual date.
c. All
employees hired on or after June
28, 1992, shall accrue vacation and
accumulate vacation
in accordance with the following schedule:
Approximate
Biweekly
Number
Accrual Annual
Years of Service Rate _ Days*__
During first 3 years 3.1 hours 10
After completion of 3 years 4.6 hours 15
After
completion of 6 years 5.5
hours 18
After
completion of 9 years 5.8
hours 19
After
completion of 10 years 6.2
hours 20
After
completion of 11 years 6.5
hours 21
After
completion of 12 years 6.8
hours 22
After
completion of 13 years 7.1
hours 23
After
completion of 14 years 7.4
hours 24
After
completion of 15 years 7.7
hours 25
*eight-hour day
d. For
employees hired prior to June
28, 1992, who have been on the vacation
schedule set forth in
Subsection a. above, such employees shall remain on that
schedule, except that
(1) employees with nine (9) or more years of service on June 28,
1992, shall be moved
to the appropriate level on the vacation schedule set forth in
Subsection c.; and
(2) employees who reach nine (9) years of service after June 28,
1992, shall be moved
at that time to the appropriate level on the vacation schedule set
forth in Subsection
c.
e. Employees
promoting into the General Supervisory Unit from another
bargaining unit who
would be disadvantaged by moving into this unit because of the
June 28, 1992, effective date above, shall retain their former
vacation accrual anniversary
date until such time
as movement to the appropriate level of the vacation schedule set
forth in Subsection
c. will not disadvantage that employee. It is understood that these
vacation accrual
adjustments to the employee's vacation balance must be made
manually due to
payroll system problems. The adjustments will be made semiannually
by the County. The
employee may also request one (1) additional manual adjustment to
be made at one (1)
more time per calendar year.
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8.2
VACATION USAGE
With advance approval by the immediate
supervisor, vacation may be used to
attend to emergency
personal business. If advance notice and approval is not possible,
approval may be given
by the immediate supervisor after the fact.
8.3
SICK LEAVE
a. Sick
leave credits shall be earned by supervisors based on the equivalent
of full-time service
from the date of appointment. Sick leave credit shall accrue to the
supervisor upon completion
of the regular work assignment on the last day of the
biweekly pay period
in which it is earned. Sick leave credit shall accrue on the basis of
four and six-tenths
(4.6) hours per biweekly pay period of service, and may be
accumulated without
limitation.
b. Sick
leave credits shall accrue at the rate stated above and may be used for
sick leave with pay
as provided below:
(1) A supervisor may use sick leave for personal purposes or family
purposes as provided
in this section.
(2) For personal purposes, a supervisor may use sick leave for:
(a) Absence from duty when quarantined because of
exposure to
a
contagious disease or when incapacitated from performing
duties
because of personal illness, injury, dental work or
pregnancy;
and
(b)
Absence from duty for examination or
treatment by medical
doctor
or dentist, under circumstances not involving
quarantine
or incapacity; provided, however, that such
absences
shall be scheduled at the discretion of the
appointing
authority.
(c)
Absence from duty to donate blood. Such
an absence shall
be
scheduled at the discretion of the appointing authority,
shall
cover the time needed to donate blood but shall not
exceed
four (4) hours in any instance, and shall be approved
only
upon submission to the appointing authority of an official
blood
bank receipt reflecting the donation.
(3) For family purposes, a regular supervisor may use leave credits
for:
(a) Attendance upon an eligible family member who
is
incapacitated
because of illness or injury and definitely
requires
personal care. The length of such absence shall be
limited
by the appointing authority to the time reasonably
- 39 -
required
to either provide care or to make other arrangements
for
such care. For the purposes of this Subsection (3) an
eligible
family member is the employee’s spouse, child,
parent,
grandparent, domestic partner (as defined by Section
297
of the California Family Code), or domestic partner’s
child.
Additionally, under this subsection, an eligible family
member
is any other close relative or child who resides with
the
employee.
(b) To transport an eligible family member to and
from a local
hospital for
medical treatment or operation, including
childbirth.
(c) To attend, at any location, during serious
medical treatment or
operation,
including childbirth, performed upon an eligible
family member.
(4) The appointing authority may require reasonable substantiation of
the need for, and use
of, sick leave.
8.4
WELLNESS INCENTIVE PROGRAM
a. Effective
with Pay Period #14, beginning June
27, 1993, the County shall
establish a wellness
incentive program. Eligible full-time regular employees who use
twelve (12) hours or
less of sick leave in Pay Periods #1 through #13 of any year shall
receive a Wellness
Certificate enabling them to take eight (8) hours off with pay during
the following
six-month period. Eligible full-time employees who use twelve (12) hours or
less of sick leave in
Pay Periods #14 through #26 of any year shall receive a certificate
enabling them to take
eight (8) hours off with pay during the following six-month period.
The certificate shall
have no monetary value. The approval for the use of the eight (8)
hours of paid time
off for employees who have earned a Wellness Certificate shall not be
arbitrarily or
capriciously denied.
b. Regular
employees must be continuously on the County payroll and eligible
to earn and use the
sick leave during the entire twenty-six-week period from Pay Periods
#1 through #13, and
from Pay Period #14 through #26. Any employee on an unpaid
leave of absence
during a portion of the designated twenty-six-week period is excluded
for that time period.
Any employee during the twenty-six-week period who receives pay
pursuant to Labor
Code Section 4850 or who receives SDI integration pursuant to
Section 9.8, or who
selects the disability leave option pursuant to Section 8.3, is excluded
from participation
for that time period. Any employee who was temporary and transferred
to a permanent
position during the designated twenty-six-week time period is excluded
for that time period.
c. Part-time
regular employees who work forty (40) or more hours per pay
period shall be
eligible to participate in the Wellness Incentive Program. The same
eligibility rules as
outlined in Subsection b. above shall apply. However, the maximum
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amount of sick leave
allowed for a part-time employee to use in Pay Periods #1 through
#13, or in Pay
Periods #14 through #26, shall be prorated. This means for a half-time
employee the maximum
sick leave that may be used is six (6) hours; for a four-fifths
employee, the maximum
would be 9.6 hours. The amount of time off received by the
qualifying part-time
employee shall also be prorated. This means a half-time employee
would receive a
certificate for four (4) hours time off, and a four-fifths employee would
receive a certificate
for 6.4 hours time off.
8.5
SICK LEAVE WHILE ON VACATION
A supervisor who while on vacation is
incapacitated for one (1) or more days due
to personal illness
or injury may charge such days to accrued sick leave. In such event,
the supervisor
promptly shall notify his department, and upon return to duty shall
substantiate the need
for, and use of, sick leave.
8.6
FAMILY DEATH LEAVE
a. The
County shall authorize family death leave with pay, for a regular
employee, when
needed, due to the death of his/her:
(1)
spouse
(2)
registered domestic partner
(3)
child
(4)
child of registered domestic partner
(5)
parent
(6)
grandparent
(7)
grandchild
(8)
brother
(9)
sister
(10)
brother-in-law; brother of registered domestic partner; registered
domestic partner of brother
(11)
sister-in-law; sister of registered domestic partner; registered
domestic partner of sister
(12)
mother-in-law; mother of registered domestic partner
(13)
father-in-law; father of registered domestic partner
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(14)
any child or close relative who resided with the employee at the time
of death.
b. The
employee shall give notice to his/her immediate supervisor prior to
taking such leave.
c. Such
absence for family death shall be limited to time which is definitely
required and shall
not exceed five (5) days for any one (1) death. Family death leave
benefits will be
prorated for part-time employees based upon the number of hours worked
(for example, a
half-time employee to a maximum of twenty [20] hours, four-fifths
employee to a maximum
of thirty-two [32] hours, a full-time employee to a maximum of
forty [40] hours).
d. The
intent of this benefit is that it be used within reasonable proximity of the
death of the relative
unless there are circumstances present which are clearly beyond the
control of the
employee.
8.7
MILITARY LEAVE
Supervisors shall be granted military
leave as required by statute.
8.8
ASSIGNMENT OF LEAVE FOR CATASTROPHIC
ILLNESS AND
OTHER PURPOSES
Regular employees shall be eligible to
participate in the County's program of
assignment of leave
for catastrophic illness and other purposes. The County will provide
the Union
a copy of the standardized County
Policies and Procedures
regarding the
implementation of
this program.
8.9
PARENTAL LEAVE
a. Each
regular County employee with at least one (1) year of continuous
service shall be
entitled to schedule paid parental leave upon the birth of the employee’s
child, the birth of
the employee’s registered domestic partner’s child or during the process
of an adoption of a
minor child by an employee. In the case of an adoption, the
entitlement shall
arise upon both: (1) the placement of the child in the employee’s home
and (2) the employee
initiating or having completed an adoptive home study for the
adoption of the
child. The purposes of parental leave are to facilitate parental bonding,
family adjustment,
and child care, and such leave shall be used consistent with these
purposes.
b. Parental
leave shall be approved by the employee's appointing authority,
except where the
granting of the parental leave request would unduly interfere with or
cause severe hardship
upon department operations. Wherever possible, departments
shall make reasonable
accommodations to permit parental leave, either on a full-time or
part-time basis.
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c. The
maximum paid parental leave for full-time regular employees shall be
160 hours. Parental
leave shall be prorated for part-time regular employees. Parental
leave shall not
extend beyond four (4) months from either: (1) the date of birth of the
employee's child, or
(2) in the case of adoption, the initial date of residence of such child
with the employee. The
maximum 160 hours shall apply to each birth or adoption,
regardless of the
number of children born (twins, triplets, et cetera) or adopted.
d. Parental
leave is separate and distinct from the use of sick leave for
pregnancy, since it
is not based upon disability. Parental leave is available to be
scheduled at the
conclusion of the use of sick leave for pregnancy.
e. Employees
must make a written request to use parental leave. The written
request shall be made
at least thirty (30) calendar days prior to the anticipated start of the
parental leave,
except in cases of an unanticipated early childbirth or adoption, in which
case the employee
shall make the written request with as much advance notice as
possible. The written
request shall also provide such information or substantiation as
may be required by
the Director of Personnel Services.
f. An
employee who while on parental leave is incapacitated for one (1) or
more days due to
personal illness or injury may charge such days to sick leave. In such
event, the employee
promptly shall notify their department, and shall submit
substantiation of the
need for and use of sick leave.
g. Use
of parental leave does not reduce or adversely affect the maximum one
year unpaid leave of
absence that an employee may request for child care or family
reasons following the
birth or adoption of a child.
8.10
COUNTY
EMPLOYEES AS
VOLUNTEER POLL WORKERS PROGRAM
a. Any
regular County employee, other than employees assigned to the
Division of Voter
Registration and Elections, may apply for paid leave from County
employment to serve
as a volunteer poll worker in a polling place in Sacramento County
through the County Employees
as Volunteer Poll Worker Program when the election day
and/or required poll
worker training fall within the employee’s regularly scheduled
workday.
b. Subject
to the sole discretion of his or her appointing authority to
grant or deny the
request based on the needs of the service, a regular employee is
qualified for
approval as follows:
(1) The employee has successfully applied for and has been selected
and
found qualified by the Sacramento County Registrar of Voters to
serve
as a volunteer poll worker;
(2) The employee has made a request in writing to his/her appointing
authority for an
absence from County employment as is necessary to
attend and complete
Poll Worker Training as directed by the
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Registrar and an
absence for the employee’s entire regularly
scheduled workday on
election day to serve as a volunteer poll
worker in Sacramento
County;
(3) On the day of the election the employee has fully executed his/her
responsibilities
as a poll worker and reported to his/her assigned
polling
place at the designated time, performed all duties appointed
by
the County elections official and as required by applicable state
and
federal elections laws, and remained on duty until the poll was
properly
closed and secured and until released by the County
elections
official. As a volunteer, the employee is entitled to receive
the
normal stipend paid by Voter Registration and Elections to all
volunteer
poll workers. The stipend shall not be counted in any
computation
of the total wages or compensation paid the employee
by
reason of his/her regular employment with the County.
c. Any
regular County employee who qualifies and is approved for the
County Employees as Volunteer Poll Workers Program will receive
his/her regular pay
while on paid leave
from County employment for one (1) regularly scheduled workday
that falls on the day
of the election and for such leave time prior to the election as is
necessary, including
travel, to attend the required Poll Worker Training during the
employee’s work
hours. No overtime or compensatory time shall be earned or
accumulated during
such paid leave.
ARTICLE IX
HEALTH AND WELFARE
9.1
GENERAL PROVISIONS
a. Eligibility:
All regular full-time employees of the unit shall be eligible to
participate in
County-sponsored insurance and benefit programs defined in this article.
Regular part-time employees
who work a minimum of forty (40) hours per biweekly pay
period shall also be
eligible to participate.
b. Dependent Eligibility: For
all programs covered in this article, eligible
dependents are an
employee’s lawful spouse or domestic partner (as defined by Section
297 of the California
Family Code), and unmarried children (natural, step, adopted, legal
guardianship, and/or
foster) of the employee or domestic partner, who are qualified IRS
dependents of the
employee or domestic partner, up to twenty-three (23) years of age.
Disabled dependents
may be able to continue coverage beyond the limiting age if the
disability occurred
while the dependent was covered under a County-sponsored medical
plan or prior to the
dependent’s 19th birthday, and is certified by a licensed physician.
- 44 -
c. Enrollment
In Benefits Plans:
(1) All new employees shall automatically be enrolled in the default
level
of
medical, dental, and basic life insurance coverage. Employees
shall
be charged the applicable level of employee contribution, if any,
for
each plan. During the first thirty (30) days of employment, an
employee
may waive coverage under the medical plan by providing
proof
satisfactory to the plan that the employee has other group
medical
insurance coverage. An employee may also change their
health
plan or coverage option under the plan (for example, from
employee
only coverage to an option that includes dependent
coverage)
during the first thirty (30) days of County employment.
Failure
to make any change within the thirty (30) day initial
enrollment
period shall be considered an irrevocable election for the
default
coverage.
(2) Employees subsequently desiring to make a coverage change may
do
so only under the following circumstances: (1) during any annual
enrollment
period for coverage effective on the first day of the
following
calendar year; (2) upon the occurrence of certain qualifying
events
as prescribed by the Health Insurance Portability and
Accountability
Act; or (3) upon the occurrence of certain specified
family
status change events as governed by Internal Revenue Code
Section
(IRC) 125 and authorized under the County’s Section 125
qualified
cafeteria benefits plan. Employees seeking to waive
coverage
shall show proof satisfactory to the plan that the employee
has
other group medical insurance coverage.
d. Taxes
on Benefits: Employee contributions for health insurance shall be
deducted from
employee pay on a pre-tax basis unless otherwise prohibited by the
Internal Revenue
Code. The employee will be responsible for any tax consequences
resulting from the
inclusion of a registered domestic partner and the child of registered
domestic partner
under the health and welfare benefits offered pursuant to this
Agreement.
9.2
MEDICAL INSURANCE AND HEALTH PLANS
The County shall pay a monthly
contribution for any of the medical insurance or
health plans made
available to employees pursuant to this Agreement. The County
contribution shall be
applicable to the coverage level selected by the employee. If the
cost of the coverage
exceeds the maximum County contribution, the employee shall pay
the additional cost.
a. Tier
A: Employees hired prior to January
1, 2007, will be placed in Tier A.
(1) Effective December 1, 2006, Tier A employees will be eligible for a
County contribution
of 80% of the 2006 Kaiser family rate ($743.04).
- 45 -
Employees hired on or
after February 1, 1998 but before January 1,
2007,
with catastrophic coverage, or who waive coverage beginning
January
1, 2008, and demonstrate evidence of other group coverage
at
the time of enrollment or waiver will receive a $150 month plan
selection
incentive.
(2) Tier A: Effective
January 1, 2007, employees in Tier A will receive a
maximum
County contribution of 80% of the Kaiser family rate for
2007.
Effective January 1, 2008, the County insurance contribution
shall
be frozen at the level in effect on December 31, 2007
($826.90).
Tier A employees who are eligible to receive cash back
will
continue to be eligible with the exception that the benefit, when
combined
with any premium costs and FICA reductions, shall not
exceed
$615 per month. Beginning January 1, 2008, the maximum
cash
back amount, when combined with any premium costs and
FICA
reductions, shall not exceed $535 per month. Employees in
Tier
A shall remain in this tier unless they voluntarily elect to move to
Tier
B. Such election by an employee to move to Tier B shall be
irrevocable
once made.
b. Tier
B: The County shall provide an insurance contribution, henceforth
known
as Tier B, for employees starting employment with the County on or
after
January 1, 2007, and employees who were in Tier A and have
voluntarily
elected to participate in Tier B. The County contribution shall be
reset
annually on January 1 of each year. The County contribution amount
shall
be 80% of the premium amount for the health plan and level of
coverage
selected provided, however, that the maximum amount of the
contribution
shall be 80% of the premium amount for the least expensive,
full
coverage HMO health plan option offered by the County, for the level of
coverage
selected by the employee. The employee shall pay through
payroll
deduction any additional premium not paid by the County
contribution
that is required for the plan option and level of coverage
selected
by the employee, or the default coverage if the employee did not
select
another plan or waive coverage as specified under the provisions of
this
Agreement.
c. Effective
January 1, 2008, or later, as determined by the County,
employees shall be provided
with at least the following:
(1) Medical Plan Options:
(a) A traditional Kaiser Foundation health
maintenance
organization
plan
(b) A traditional non-Kaiser Foundation health
maintenance
organization
plan
- 46 -
(c) Up to two (2) high deductible health plan
options, with a
voluntary
health savings account.
(2) Elimination of the Catastrophic health plan.
(3) Coverage Levels: Status quo shall continue for employees
desiring
coverage under the
County medical insurance plans. Employees
may elect coverage
under one (1) of the following levels:
(a) Employee only
(b) Family
Premiums for
insurance coverage shall be based on the
level of
coverage selected.
d. The
default medical plan enrollment shall be the County’s lowest premium
high deductible health plan,
employee only coverage. The employee shall
be responsible for paying
20% of the premium for this coverage on a pretax,
payroll deduction basis.
e. All
co-payments will remain at their respective 2006 levels for the duration
of the Agreement.
9.3
RETIREE HEALTH SAVINGS PLAN
Effective December 24, 2006, or as
soon as administratively possible, the County
shall establish a
retiree health savings plan (RHSP) by contributing an amount of $25.00
to the employee’s
RHSP each biweekly pay period.
9.4
DENTAL PLAN
Employees in the unit shall enroll in
the County’s dental insurance plan. The
County shall pay 100%
of the cost for dental coverage for employees and covered
dependents. The
default level of dental insurance coverage shall be employee only
coverage.
9.5
LIFE INSURANCE
a. Basic
Benefit: Effective January 1, 2008, the basic life insurance benefit
will be increased
from $15,000 to $18,000 for employees. This shall be the default level
of life insurance
coverage, which shall be provided at no cost to the employee.
b. Voluntary
Options: The County shall provide additional options to permit
employees to elect up
to three (3) times their annual salary to a maximum of $500,000 of
provided and
purchased life insurance. Premium rates for these supplemental options
- 47 -
shall be determined
by the County based on the quotation from the insurance carrier
selected by the
County to provide the life insurance.
c. Living
Benefit: The life insurance benefit includes a “living benefit” option.
To be eligible for
this “living benefit,” the claimant must be under the age of seventy (70);
be diagnosed
terminally ill (with life expectancy of twelve [12] months or less); not have
assigned his or her
employee life benefits; and not have a court order in force which
affects the payment
of life insurance benefits. The life insurance benefit will pay a benefit
of up to 50% of the
combined basic and any supplemental life amounts. The maximum
amount of the living
benefit is $250,000 and the minimum is $7,500. Should the
employee recover, the
amount paid under this provision would be subtracted from the
face amount of
his/her full benefit at the time of death.
d. Dependent
Benefit: A life insurance benefit of $5,000 ($0 from birth to
fourteen [14] days of
age; $200 from age fourteen [14] days to six [6] months) is provided
for each dependent in
addition to the basic life benefit provided to employees. No
enrollment of
dependents is generally required. Domestic partners and/or their
dependents must be
enrolled in the program as the dependents of an employee in order
to be eligible for
the dependent benefit. The dependent benefit will be reduced from
$5,000 to $2,000
effective January 1, 2008.
e. Conversion
of Coverage: The life insurance may be converted from group
coverage to private
coverage upon termination of employment, or a dependent’s loss of
eligibility for
coverage under the plan. It is the sole responsibility of the employee to
notify
the County within
thirty (30) days of a dependent’s loss of eligibility due to marriage or
reaching the limiting
age for coverage. Upon timely notification, a dependent losing
coverage will be
offered the opportunity to convert to an individual policy. Failure to notify
the County within
thirty (30) days of a dependent’s loss of eligibility shall result in loss of
conversion
privileges.
9.6
EMPLOYEE ASSISTANCE PROGRAM
a. The
County will make an employee assistance program (EAP) available to
each eligible
employee. The EAP will provide personal counseling for employees and/or
their dependents. The
counseling is intended to assist employees and eligible
dependents who are
experiencing personal problems such as family/marital problems,
personal/emotional
problems, substance abuse problems, and work-related problems.
b. The
County will pay the cost of short-term counseling, not to exceed six (6)
sessions of
approximately one (1) hour each per incident per calendar year for each
employee and each covered
dependent. Participation in the Employee Assistance
Program shall be
confidential unless written consent is given by the employee or family
member.
c. Enrollment
of dependents is generally automatic; no enrollment form shall
be required. Domestic
partners and/or their dependents must be enrolled as the
- 48 -
dependents of an
employee in order to be eligible for dependent benefits under this
program.
d. It
is understood that the County will provide EAP services through an
independent
contractor. The County may from time-to-time in its sole discretion change
contractors for this
service.
9.7
FLEXIBLE SPENDING ACCOUNTS
Employees in the unit shall have
access to the County’s flexible spending account
program, which
provides employees with the options of dependent care assistance
benefits with a
calendar year maximum of $5,000, and medical expense reimbursement
benefits with a
calendar year maximum of $2,400. The County shall maintain this plan in
compliance with IRC
§125. Employee premiums for flexible spending account benefits
shall be deducted on
a pre-tax basis from employee pay.
9.8
STATE DISABILITY INSURANCE
a. The
County shall maintain State Disability Insurance (SDI), at the employee
cost, for employees
in classes covered by the Agreement. This section shall not be valid
if the membership
elects to withdraw from SDI during the term of this Agreement and the
State has approved
withdrawal from SDI.
b. Employees
who are absent from duty because of illness or injury and have
been authorized to
use County-paid leave benefits, sick leave, vacation, compensating
time off, holidays
and holiday-in-lieu time, shall be eligible to integrate the payment of
State Disability
Insurance benefits with such County-paid leave benefits. No integration
of County-paid leave
benefits and State Disability Insurance shall occur unless the
appointing authority
has approved the use of the County-paid leave benefits by the
employee requesting
integration.
c. Integration
of County-paid leave benefits with State Disability Insurance will
require detailed
procedures which the County shall, in its sole discretion, implement to
ensure the equitable
application of the program consistent with this Agreement provision.
In accordance with
current County policy, integration of County-paid leave balances and
State Disability
Insurance shall not be paid in a retroactive manner.
d. Integration
of County-paid leave balances and State Disability Insurance
shall take place
subject to the following conditions:
(1) The intent of this program and contract provision is to insure that
those
employees who participate in the program comply with all
applicable
laws, policies, and procedures established to provide
integration
of County-paid leave balances and State Disability
Insurance
so as to provide a combined biweekly adjusted net income
equivalent
to 100% of regular net income - gross income less
required
deductions, such as taxes, retirement, State Disability
- 49 -
Insurance
premiums, and other mandatory deductions - as long as
such
eligible disability qualifies and available leave balances are
authorized
by the appointing authority. Other employee authorized
deductions
shall be deducted from the resultant net pay.
(2) Upon approval of the use of County-paid leave benefits by the
appointing
authority and the employee's established eligibility for
State
Disability Insurance, the County shall make leave accrual
payments
to the employee in the usual manner except that the net
pay,
including State Disability Insurance benefits and net County
pay,
shall not exceed 100% of the regular net pay. If State Disability
Insurance
benefits equal or exceed 100% of the regular net pay, no
County
payment shall be made. County-paid leave benefits shall be
used
in the following order: sick leave, vacation, compensating time
off,
and holiday-in-lieu time.
(3) Special pay allowances not of a permanent nature, such as overtime
compensation,
standby, night shift differential, call back or out-ofclass
pay,
shall not be counted in determining the employee's gross
or
net pay.
(4) Sick leave, vacation, and holiday-in-lieu shall not accrue during
any
pay
period in which the employee receives County-paid leave
benefits
integrated with State Disability Insurance payments, except
that
the employee shall accrue sick leave, vacation, and holiday-inlieu
for
any actual hours worked during a pay period in which
integration
occurs. Service credits toward seniority and step
increase
eligibility shall not be affected by any pay period during
which
an employee is on the integrated leave and State Disability
Insurance
program.
(5) When an employee exhausts all available County-paid leave
balances,
the employee shall either return to work or request an
unpaid
leave of absence from his/her appointing authority.
Regardless
of whether the employee continues to receive State
Disability
Insurance payments, once all County-paid leave balances
are
exhausted, County compensation shall cease unless the
employee
returns to work.
(6) The County shall continue its contributions towards the employee's
health,
dental, life and retirement contributions in accordance with
established
laws and practices during the pay periods which include
County
payment for integrated leave balances. The employee shall
be
responsible for payment of premiums required to maintain
insurance
coverage when County contributions cease.
- 50 -
(7) Eligible part-time employees shall be included in this program on a
prorated basis.
e. In
the event the County determines that legislative or judicial determinations
cause changes which
in any way restrict, reduce or prohibit this program operation, it
shall immediately and
automatically terminate without any further action by either party to
this Agreement.
9.9
JOINT LABOR-MANAGEMENT HEALTH AND
WELFARE COMMITTEE
The parties agree to work
cooperatively in an ongoing joint labor-management
health and welfare
committee forum to review and address health and welfare issues that
are of vital interest
to both parties. The parties acknowledge that the health insurance
marketplace is
constantly changing and it is imperative that they remain engaged in
ongoing dialogue and
discussions regarding benefits issues.
ARTICLE X
RETIREMENT PLAN
10.1
DISABILITY RETIREE-RETURN RIGHTS
a. This
section applies to any person who formerly held permanent status in a
civil service class
from which such person was placed on disability retirement, who is
subsequently
determined by the Retirement Board to not be incapacitated and who is
eligible for
reinstatement as provided in Government Code Section 31730.
b. When
such person is returned to County civil service, he or she shall have
permanent status in a
position comparable to that held at the time of retirement. The
returned person's
seniority and benefits shall be based on service as of the time of
retirement.
10.2
DISABILITY LEAVE
During any period of disability for
which payment is provided under Worker's
Compensation
Insurance the employee shall elect to either:
a. Retain
any Workers’ Compensation benefits received during the pay period
and
receive full pay. The employee shall use their accrued sick leave,
vacation
CTO and HIL on an hour-for-hour basis to cover all hours the
employee
is absent from duty due to the work-related disability during the
applicable
pay period; or,
b. Retain
any Workers’ Compensation benefits received during the pay period
and receive a partial
paycheck in an amount so that the partial pay and the
Workers’ Compensation
benefits added together are equivalent to the
- 51 -
employee's
full pay. The employee shall use their accrued sick leave,
vacation,
CTO, and HIL in an amount equal to one-half of the number of
hours
the employee was absent from work during the pay period due to the
work-related
disability. If, however, the amount of the Workers'
Compensation
benefits is subtracted from the employee's full pay for the
time
off due to the disability, and the remainder is less than one-half of the
amount
of such full pay, then only the number of leave balance hours
necessary
to equal that remainder shall be charged.
c. All
disability leave provisions of this section shall terminate when the
employee
uses all accrued sick leave, vacation, CTO or HIL balances, or
upon
the date of the employee's recovery from disability, receipt of
permanent
disability under Workers’ Compensation Insurance, retirement,
termination
from County employment or death.
10.3
RETIREMENT TIER 3
a. Effective
the pay period beginning June 27, 1993, the County shall
establish a new
retirement tier. This new retirement Tier 3 shall be the same as the
existing Tier 2,
except that Tier 3 shall have a 2% post-retirement cost-of-living
adjustment factor
pursuant to Government Code Section 31870, whereas Tier 2 has no
post-retirement
cost-of-living adjustment factor.
b. Employees
hired prior to June 27, 1993, who are members of Tier 2, shall
be given a one-time
opportunity to transfer to Tier 3. These employees who elect to
transfer to Tier 3
also transfer their prior service credit in Tier 2 to Tier 3 with no
additional employee
contributions being required for the transfer of this prior service.
c. Employees
hired on June 27, 1993, or after, shall upon hire be placed into
Tier 2, but
immediately thereafter shall also be given a one-time opportunity to transfer
to
Tier 3. For these
employees who elect to transfer to Tier 3, their brief service credit in
Tier 2 will be
transferred to Tier 3, and the necessary contributions will be required of
both the employee and
County.
d. All
of the above employees shall be given a period of sixty (60) calendar
days to submit in
writing to the County their election to transfer to Tier 3. The employee's
election to transfer
to Tier 3, or failure to elect to transfer to Tier 3 and remain in Tier 2,
shall be irrevocable
and shall apply to all periods of future service.
10.4
PARK RANGER II, SAFETY RETIREMENT TIER 2
a. Consistent
with the requirements of Assembly Bill 439, Chapter 482,
Statutes of 2000,
Sections 31470.2 and 31639.76 of the Government Code, which
provided that peace
officers in the Park Ranger class series, employed, as specified by
the County of Sacramento,
may, at the election of the Board of Supervisors, be eligible
for safety member
status and receive credit as a safety member for prior service
pursuant to the terms
of a memorandum of understanding between the employer and the
- 52 -
employee
representative, current employees in the class of Park Ranger II shall be
placed in Tier 2
Safety Retirement as provided below.
b. This
safety retirement tier, Tier 2, shall have a post-retirement cost-of-living
adjustment factor
pursuant to Government Code Section 31870 to a maximum annual
2% cost-of-living
adjustment and a final compensation calculated on the basis of three (3)
years pursuant to
Government Code Section 31462.
c. Employees
in regular positions of Park Ranger II shall be eligible for Safety
Retirement Tier 2 and
the following provisions shall apply:
(1) Current employees in regular positions of Park Ranger II shall be
eligible
for Safety Retirement, Tier 2, retroactive to June 25, 1995.
Any
Park Ranger service prior to June 25, 1995, is not convertible to
Safety
Retirement.
(2) With respect to retroactive conversion of service back to June 25,
1995,
each party shall pay their respective contributions plus
interest,
that is, the difference between contributions made by each
party
for the Miscellaneous Retirement Plan and Tier versus that
which
would have been made for Safety Tier 2, at the Sacramento
County Employees’ Retirement System contribution and interest
rates
applicable during these periods of service.
(3) Current employees in regular positions of Park Ranger II who elect
to
become
members of Tier 2 Safety shall retain the right to convert
prior
Miscellaneous Retirement System credit to Safety Tier 2 credit
as
indicated above.
(4) Employees hired into the class of Park Ranger II on or after the
pay
period
of approval of the total tentative agreement by the Board of
Supervisors,
shall be placed into Safety Retirement Tier 2.
Employees
who are members of the Sacramento County Employees’
Retirement
System and who are granted a non-service connected
disability
retirement shall have benefits for non-service connected
disability
computed as prescribed by Section 31727.7 of the County
Employees’
Retirement Law of 1937.
(5) Within sixty (60) calendar days after Government Code 31470.2 and
31639.76
are made applicable in Sacramento
County, employees
shall
have a one-time irrevocable option to elect to Safety Retirement
Tier
2. The election to transfer to Safety Retirement Tier 2, or failure
to
elect to transfer to Safety Retirement Tier 2 and remain in the
current
Miscellaneous Plan, shall be irrevocable and shall apply to all
periods
of Park Ranger service both future and retroactive service to
June
25, 1995.
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(6) All Park Ranger II’s
hired on or after January 1, 2001, shall be placed
into Safety Tier 2
Retirement.
10.5
DEFERRED COMPENSATION - TEMPORARY
EMPLOYEES
a. An
employee covered by this Agreement who is not a member of, or
currently earning
benefits under, the Sacramento County Employees' Retirement System
(SCERS) shall become
a participant in the Deferred Compensation Plan set forth in
County Code Sections 2.83.200 through 2.83.360.
b. The
employee shall contribute 3.75% of his or her compensation for any
period of service
performed for the County while a participant in this plan. The County
shall additionally
credit an amount equal to 3.75% of the employee's compensation to the
Investment Account
maintained for each participant.
c. The
Deferred Compensation Plan and participation by the County and
specified employees
described above is in lieu of each party paying FICA taxes as
permitted by IRC
Section 3121 (b) (7) (f).
10.6
SAFETY RETIREMENT TIERS
a. New
employees hired on or after November 4, 2001, into the General
Supervisory Unit and
into Safety Retirement classes shall be placed in Tier 2 Safety
Retirement.
b. Employees
promoting into the General Supervisory Unit from other County
bargaining units on
or after November 4, 2001, shall retain the retirement tier held prior to
the promotion into
the General Supervisory Unit, unless the promotion requires a move
from Miscellaneous to
Safety, in which case the employee shall be placed in Safety Tier
2.
c. Employees
represented by the Teamsters on November 3, 2001, who
accept appointment to
a Safety class and who have no previous SCERS Safety
membership, shall be
placed into Safety Tier 1. This Subsection (10.6-c.) does not apply
to the class of Park
Ranger II.
d. It
is recognized that certain employees who may have had, or still have,
membership in the
SCERS due to prior service, shall be afforded the opportunity to
reenter their former
plan / tier, in accordance with applicable law.
10.7
SAFETY RETIREMENT TIER 2
a. All
employees hired on or after November 4, 2001, into Safety Retirement
designated classes
shall be placed into Safety Retirement Tier 2. This new safety
retirement tier, Tier
2, shall have a post-retirement cost-of-living adjustment factor
pursuant to
Government Code Section 31870 to a maximum annual 2% cost-of-living
- 54 -
adjustment and a
final compensation calculated on the basis of three (3) years pursuant
to Government Code
Section 31462.
b. Employees
hired into the class of Park Ranger II on or after the pay period
of approval of the
total tentative agreement by the Board of Supervisors, shall be placed
into Safety
Retirement Tier 2. Employees who are members of the Sacramento County
Employees’ Retirement
System and who are granted a non-service connected disability
retirement shall have
benefits for non-service connected disability computed as
prescribed by Section
31727.7 of the County
Employees’ Retirement Law
of 1937.
ARTICLE XI
ALLOWANCES AND REIMBURSEMENT
11.1
TRANSIT PASS
Effective July 1, 2006, the transit
subsidy shall be increased to $65 per month.
11.2
SPECIAL 5:00 A. M. SHIFT DIFFERENTIAL
a. Employees
in the classification of Supervising Custodian I or Supervising
Custodian II in the
Department of General Services shall receive shift differential pay if
they are assigned to
the new shift of 5:00 a. m. to 1:00 p. m. as a result of their current
shift being
eliminated. This shift differential shall only apply to those employees who are
employed in the
classification of Supervising Custodian I or Supervising Custodian II with
the Department of
General Services as of September 15, 1992. It shall not apply to new
hires, employees who
voluntarily request transfer and those employees whose current
shifts are not being
eliminated or employees who transfer out of the 5:00 a. m. shift and
later request
reentry.
b. The
5:00 a.m. shift differential pay shall be 7.5% of the supervisor’s
standard daily or
biweekly salary rate.
11.3
PAY DIFFERENTIAL - GROUND CONTRACT
MONITORING
Effective September 22, 1991, a
Custodian Supervisor II who is assigned to
monitor contract
performance on landscaping/grounds contracts shall receive a 5%
differential.
11.4
MILEAGE REIMBURSEMENT
The County shall reimburse employees
who agree mutually with the County to
provide their private
cars for use on official business in lieu of using a County-owned car.
The reimbursement
shall be paid monthly on the filing of a claim therefor
by the
employee. The
employee shall be reimbursed for any mileage traveled at a rate based
- 55 -
upon the Internal
Revenue Service business mileage deduction rate, for the first 600
miles of
reimbursement. For over 600 miles, the reimbursement would be at the Internal
Revenue Service
business mileage deduction rate less $.15 per mile. This section is
effective on February
1, 1998.
11.5
NIGHT SHIFT PAY
a. Supervisors
in classes which characteristically work shifts shall receive
night shift
differential pay if one-half or more of their work period is before eight a.m.
or
after five p.m.
b. Supervisors
in classes which do not characteristically work shifts shall
receive night shift
differential pay if one-half or more of their work time during a biweekly
pay period is before
eight a.m. or after five p.m.
c. Night
shift differential pay shall be seven and one-half percent of the
supervisor's standard
daily or biweekly salary rate.
11.6
UNIFORM ALLOWANCE
Supervisors who are required to
furnish and wear uniforms prescribed by the
appointing authority
in the performance of their duties shall be reimbursed as listed
below, payable every
six months in arrears, the first biweekly pay periods in January and
July. Supervisors who
are eligible for a uniform allowance for less than the full six-month
period shall receive
a prorated payment. Reimbursement shall be included in the regular
salary payment.
a. Park
Ranger II: Effective January 1, 1998, $750 per year -- $375 on or
before
January 25 of each year and $375 on or before July 25 of each year.
Effective
July 2003, $800 annually, $400 on or before January 25 of each
year
and $400 on or before July 25 of each year.
b. Fire
Operations Supervisor: Effective July 1, 1999, $750 per year (covers
all
clothing, boots and jackets). Effective July 2003, $800 annually, $400 on
or
before January 25 of each year and $400 on or before July 25 of each
year.
After July 1, 2003, the employee will be required to provide proof of
purchase
of the uniform prior to reimbursement. The County will make a
reasonable
effort to reimburse employees no later than thirty (30) calendar
days
after the employee provides proof of purchase of the uniform. Any
amount
of purchase that exceeds the maximum annual amount shall be the
responsibility
of the employee and not eligible for reimbursement.
c. Recreation
Supervisor, Sheriff’s Department Only: Effective July 1, 1999,
$600
per year. Effective July 2003, $640 per year, $320 on or before
January
25 of each year and $320 on or before July 25 of each year.
- 56 -
d. All
Others: $235 per year. Effective July 2003, $250.
11.7
SAFETY SHOES OR PRESCRIBED WORK BOOT
a. When
it is determined by the County that the wearing of safety shoes or
prescribed work boots
will be required of certain supervisors, the County will provide a
reimbursement up to
$200.00 per year for the purchase and maintenance of the
prescribed shoe
(boot). The supervisor will be required to provide proof of purchase or
repair cost of the
safety shoes / boot prior to reimbursement. Any amount of purchase or
repair costs of the
safety shoes (boots) that exceeds $200.00 in the fiscal year shall be
the responsibility of
the employee and not eligible for reimbursement.
b. The
prescribed shoe must meet the American National Standards Institute
(ANSI) standard Z4l.l
Rating 75 and/or whatever local revisions the issuing division or
section may
prescribe.
c. Supervisors
receiving the reimbursement are required to wear the
prescribed shoe
(boot) whenever on duty.
11.8
HAZARD PAY
a. Emergency
Chlorine Leak Team: A supervisor assigned to the Emergency
Chlorine Leak team
shall receive a 7.5% differential, based on the supervisor’s normal
biweekly pay, each
time the employee responds to an actual chlorine or sulfur dioxide
leak (false alarms
excluded). In addition to the 7.5 % differential outlined above,
supervisors who have
been assigned in writing to the Emergency Chlorine Leak Team
shall receive a 2%
differential.
b. Confined
Space Team Hazard Pay: Effective June 25, 2006, employees
assigned to a
Confined Space Team in writing shall receive a 4% differential.
11.9
PAY DIFFERENTIAL FOR WORKING IN A VACANT
HIGHER
CLASSIFIED POSITION
a. The
purpose of this provision is to permit compensation of an employee
who is properly
assigned in writing to perform the significant duties of a higher classified
position for relief
necessitated by the temporary vacancy caused by the incumbent's
absence or pending
the filling of a vacant position.
b. The
differential applies only if the following conditions are met:
(1) The position to which the employee is temporarily assigned must be
vacant or the
incumbent must be absent from duty.
- 57 -
(2) The higher class to which the employee is assigned must have a
salary range at least
five percent (5%) higher than the salary range
of the employee's
class who is being temporarily assigned.
(3) The assignment shall be made by the appointing authority in writing
formally
specifying the period of the temporary assignment.
(4) The employee must satisfactorily perform the essential significant
duties
of the vacant position which justify that position's allocation to
a
higher classification.
c. The
five percent (5%) differential shall cease (1) when the absent
incumbent returns to
duty, (2) when the vacant position is filled, or (3) when the
assignment is
terminated by the appointing authority, whichever occurs first. However,
under no circumstance
may any temporary assignment continue nor is any compensation
authorized in excess
of five (5) months and twenty-nine (29) calendar days.
d. This
pay differential shall not be utilized to circumvent the civil service
appointment process.
11.10
CHIEF STOREKEEPER, RANGE B
a. Range
B for the class of Chief Storekeeper shall be administered pursuant
to Section 5.6-a. of
this Agreement, except that the Civil Service Commission shall have
no authority over the
criteria for advancement from Range A to Range B. Only those
employees in the
class of Chief Storekeeper whose responsibilities consist primarily of
services to all
County departments or who is the single Chief Storekeeper in a major
department under whom
all storekeeping activities fall shall be eligible for advancement
to Range B.
b. It
is mutually recognized by the Union and the County of Sacramento
that
this higher salary
range at this time applies only to the Chief Storekeeper positions in the
Department of General
Services and the Department of Human Assistance.
c. Effective
August 13, 1996, this section is amended to include two (2)
positions in the
Municipal Services Agency.
(1) One (1) position is in the Stores Section and performs the full
range
of
supervisory duties for six (6) positions and oversees two (2)
locations:
1) a central warehouse that sells approximately 1 to 1.5
million
of supplies to the County with a standing inventory of
$650,000;
and 2) a facility that processes orders, and receives
Herman
Miller products for the County.
(2) The second position is in the Equipment Division. This position
performs
the full range of supervisory duties for nine (9) positions
- 58 -
and
oversees four (4) locations (Bradshaw complex, North Transfer
Station,
Regional Treatment Plant, and Keifer Landfill) with a
combined
parts purchase of three (3) million annually. Each location
services
light and heavy equipment for the Municipal Services
Agency.
Additionally, the Bradshaw complex services light
equipment
for Probation; and heavy equipment for the Department of
Regional Parks, Recreation, and Open Space; Sheriff’s Department;
and
Department of Agricultural Commission of Weights and
Measures.
11.11
DIFFERENTIALS - PESTICIDE SPRAY APPLICATORS CERTIFICATION/
LICENSE AND AGRICULTURAL PEST CONTROL ADVISOR’S LICENSE
a. Supervisors
in the classes of Golf Course Superintendent, Highway
Maintenance Supervisor,
and Park Maintenance Supervisor who possess a State of
California Qualified
Applicators License or Qualified Applicators Certificate may be
assigned duties
consistent with the use of such license. In such case, the supervisor will
receive a 2% differential
for the license or 1.5% for the certificate when agreed to be used
by the Department.
The assignment of duties consistent with the license or differential
shall be made in
writing on an annual basis. The supervisor may not receive the
differential for both
the license and certificate.
b. In
addition to the differential for the license or certificate, the supervisor may
receive a .5% (one
half-percent) differential for each additional State of California
Qualified Applicators
License/Certificate category used in conjunction with the
supervisor’s
prescribed work assignments. Each department will designate the
categories which are
applicable to their respective department. The assignment of duties
consistent with the
certification shall be made in writing on an annual basis.
c. Supervisors
in the classes of Golf Course Superintendent, Highway
Maintenance
Supervisor, and Park Maintenance Supervisor who possess an Agricultural
Pest Control Advisors
License (PCA) may be assigned duties consistent with the use of
such license. In such
case, the supervisor will receive a 3% differential.
d. In
addition to the differential for the license, the supervisor may receive a
.5% (one-half
percent) differential for each additional State of California Agricultural Pest
Control Advisor’s
License category used in conjunction with the supervisor’s prescribed
work assignments.
Each department will designate the categories which are applicable
to their respective
department. The assignment of duties consistent with the license shall
be made in writing on
an annual basis.
11.12
HAZARDOUS DUTY PAY - SUPERVISING HELICOPTER MECHANIC
a. When
a Supervising Helicopter Mechanic is assigned in writing by the
appointing authority
the added responsibility to fly in helicopters, in order to diagnose and
remedy maintenance
problems, the employee shall receive a five (5) percent pay
differential while so
assigned.
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b. When
a Supervising Helicopter Mechanic is assigned in writing by the
appointing authority
the added responsibility of piloting a helicopter, the employee shall
receive a total of
ten (10) percent pay differential while so assigned. In determining the
ten (10) percent pay
differential, any differential received under Subsection a. of this
section shall be
included, if applicable, so that the total differential shall not exceed ten
(10) percent.
11.13
WATER AND WASTEWATER CERTIFICATION EXAMINATION
REIMBURSEMENT
a. The
County shall reimburse supervisors in the unit for the fee charged for
the State of California Water and
Wastewater Certification examinations. The
reimbursement will be
a one-time reimbursement made upon successful completion of
the examination. The
reimbursement will apply to those supervisors who take the
examination
subsequent to the effective date of this provision.
b. The
County shall reimburse Wastewater Treatment Plant Operations
Supervisors for the
fee charged by the California Water Environment Association
(CWEA) for the
examination fee for the CWEA Level I Maintenance Certificate.
c. Appropriate
verification of the successful completion of the examination is
required in order to
receive the reimbursement.
11.14
RENEWAL OF WATER AND WASTEWATER CERTIFICATIONS
REIMBURSEMENT
a. The
County shall reimburse supervisors in the unit for the fee charged by
the State of California to renew
their Water and Wastewater Certification. The
reimbursement will
apply only to those supervisors who are required to maintain the
certification as a
condition of their employment. The reimbursement will apply to those
supervisors who renew
their Water or Wastewater Certification subsequent to the
effective date of
this provision.
b. The
County shall reimburse Wastewater Treatment Plant Operations
Supervisors for the
fee charged by the California Water Environment Association
(CWEA) for the
renewal of the CWEA Level I Maintenance Certificate.
c. Verification
of the renewal of the supervisor’s Water or Wastewater
Certification is
required in order to receive the reimbursement.
11.15
AUTOMOTIVE STOCK DIFFERENTIAL
A supervisor of the employee assigned
the duties of Automotive Stock Clerk shall
receive a 5%
differential. Such assignment shall be made in writing.
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11.16
PROCESS TEAM COORDINATOR DIFFERENTIALS
Mechanical Maintenance Supervisors at
the SRWTP who are assigned in writing
to serve as Assistant
Process Team Coordinators shall receive a 10% differential.
11.17
SUPERVISING PROCESS SERVER
An employee in the class of Process
Server who has educational incentives as a
Process Server and
who promotes to the class of Supervising Process Server will retain
his/her educational
incentives upon becoming a supervisor.
11.18 COMPASS
DIFFERENTIAL
Supervisors in the classes of
Accounting Technician and Chief Storekeeper II,
Range B, who are
assigned in writing by their appointing authority to Countywide
COMPASS activities
and who perform those activities for 50% or more of their assigned
work shall receive a
5% pay differential.
11.19 EDUCATION
AND CERTIFICATION INCENTIVE PAY
a. Effective
upon adoption of this Agreement by the Board of Supervisors,
regular employees in
the job classes listed below will become eligible for education
and/or certification
incentives beginning the first biweekly pay period after submission of
evidence of eligibility
to the person designated by the appointing authority.
b. Employees
who submit evidence of eligibility for the period between the
date this Agreement
is adopted by the Board of Supervisors and the date the procedures
for eligibility
verification are established shall receive retroactive incentive pay.
(1) Education Incentive Pay: Additional salary shall be paid to
employees
with education credits. To qualify for such additional
salary,
employees must (1) have completed the following college
level
semester units1 from an accredited, recognized college or
university
as verified by the Department of Personnel Services; and
2) attain a minimum
grade of “satisfactory” on all course work:
(a) Thirty (30) to fifty-nine (59) undergraduate
semester units
above the
minimum qualifications for the employee’s job
classification.
Additional salary: 2.5% of base salary.
(b) Sixty (60) or more undergraduate semester
units above the
minimum
qualifications for the employee’s job classification.
Additional
salary: 2.5% of base salary.
______________________________________________
1One semester unit is the
equivalent of one and one-half quarter units.
- 61 -
(2) Certification Incentive Pay: Additional salary shall be paid
to
employees for
possession of certification(s). To qualify for additional
salary, such
certification(s) shall meet the following criteria:
(a) Certification is not required as part of the
minimum
qualifications
specified in the employee’s job classification.
(b) Recognized certificates include those offered
at the following
institutions:
California State University
system, University of
California system, and the Community College system. The
Union and the County shall meet to determine additional
recognized
certificates and the amount of assigned salary
differentials.
(3) Compensation:
(a) For purposes of this section, “base salary”
shall mean a
qualifying
employee’s straight time hourly rate of pay, and
shall
not include overtime, skill pay, or other salary
differential(s)
or pay.
(b) No employee who qualifies for both
certification and education
Incentive pay
shall receive additional salary of more than 5%.
(4) Dispute Resolution: The determination of approved accredited
recognized colleges
or universities and recognized certifications is
not subject to the
grievance/arbitration provisions of this Agreement.
(5) Eligible Classes: Changes to the following list of eligible classes
shall be made by
mutual agreement of the parties:
Accounting
Technician
Assessment
Supervisor
Clerical
Supervisor 1/2
Data
Entry Supervisor
Elections
Supervisor
Medical
Records Supervisor
Sheriff’s
Records Supervisor
Supervising
Communications/Operations Dispatcher
Supervising
Legal Secretary
Supervising
Utility Billing Services Supervisor
- 62 -
11.20
PAY DIFFERENTIAL FOR COMMUNICATION/OPERATIONS
SUPERVISOR
a. Effective
November 26, 2006, employees in the class of
Communication/Operations
Dispatcher Supervisor shall receive a five percent (5%)
differential. A
classification study shall be completed by March 31, 2007.
b. The
differential shall expire upon adoption of the class study by the Board
of Supervisors.
11.21
SPECIAL DUTY PAY – COMMERCIAL CLASS A LICENSE AND
ENDORSEMENTS
Employees who are required to maintain
a Class A License, Hazardous Material
Endorsement (H or X)
or Tanker Endorsement (N) as a condition of employment when
the class
specification does not make the same requirement for all of the positions in
the
classes of Mechanical
Maintenance Supervisor, Wastewater Treatment Plant Operations
Supervisor, and
Underground Construction and Maintenance Supervisor, will receive an
additional 1% of pay.
Eligibility will be determined upon submission of evidence of the
certification to the
appointing authority. For the special duty pay to continue, the
employee must
continuously maintain a valid certification. The appointing authority or
designee may assign
duties consistent with the use of the certification.
11.22
WASTEWATER INCENTIVE PAY (STATE WATER RESOURCES
CONTROL BOARD)
a. Employees
working in the classes listed in paragraph b. below are eligible
for an incentive pay
for obtaining the stated certifications from the designated
organization.
Eligibility will be determined upon submission of evidence of the
certification to the
appointing authority. For the incentive pay to continue, the employee
must continuously
maintain a valid certification. The appointing authority or designee
may assign duties
consistent with the use of the certification.
b. State
Water Resources Control Board: 2% incentive pay to employees in
the class of
Wastewater Treatment Plant Operations Supervisor who obtain a Treatment
Plant Operator Grade
V Certificate.
11.23
WASTEWATER INCENTIVE PAY (CALIFORNIA
WATER
ENVIRONMENT ASSOCIATION)
a. Employees
working in the Department of Water Quality in the classes listed
in paragraphs b.
through d. below are eligible for an incentive pay for obtaining the stated
certifications from
the designated organizations. Eligibility will be determined upon
submission of
evidence of the certification to the appointing authority. For the incentive
pay to continue, the
employee must continuously maintain a valid certification. The
- 63 -
appointing authority
or designee may assign duties consistent with the use of the
certification.
b. California
Water Environment Association (CWEA), Plant Maintenance
Series:
(1) Plant Maintenance Grade III Certificate: 2% differential to
employees
in the classes of Mechanical Maintenance Supervisor,
Underground
Construction and Maintenance Supervisor, and
Wastewater
Treatment Plant Operations Supervisor who obtain this
certificate.
(2) Plant Maintenance Grade IV Certificate: 4% differential to
employees
in the classes of Mechanical Maintenance Supervisor,
Underground
Construction and Maintenance Supervisor, and
Wastewater
Treatment Plant Operations Supervisor who obtain this
certificate.
(3) Plant Maintenance Electrical/Instrumentation Grade III
Certificate:
2%
differential to employees in the class of Water Quality Control
Systems
Supervisor who obtain this certificate.
(4) Plant Maintenance Grade IV Certificate: 4% differential to
employees
in the class of Water Quality Control Systems Supervisor
who
obtain this certificate.
The above certificates are
non-cumulative. Employees may only receive the incentive
pay for obtaining one of
the above certificates.
c. California
Water Environment Association, Collection Series:
(1) Collection Systems Grade III Certificate: 2% differential to
employees
in the Department of Water Quality in the classes of
Mechanical
Maintenance Supervisor and Underground Construction
and
Maintenance Supervisor who obtain this certificate.
(2) Collection Systems Grade IV Certificate: 4% differential to
employees
in the Department of Water Quality in the classes of
Mechanical
Maintenance Supervisor and Underground Construction
and
Maintenance Supervisor who obtain this certificate.
The above certificates are
non-cumulative. Employees may only receive the incentive
pay for obtaining one of
the above certificates.
d. California
Water Environment Association, Environmental Laboratory
Series:
- 64 -
(1) Laboratory Analyst III Certificate: 2% differential to employees in
the
class of Water
Quality Laboratory Supervisor.
(2) Laboratory Analyst IV Certificate: 4% differential to employees in
the
class of Water
Quality Laboratory Supervisor.
The above
certificates are non-cumulative. Employees may only receive the incentive
pay for obtaining one
of the above certificates.
11.24
WATER RESOURCES INCENTIVE PAY (CALIFORNIA
WATER
ENVIRONMENT ASSOCIATION)
a. Employees
working in the Department of Water Resources in the classes
listed in paragraph
b. below are eligible for an incentive pay for obtaining the stated
certifications from
the designated organizations. Eligibility will be determined upon
submission of
evidence of the certification to the appointing authority. For the incentive
pay to continue, the
employee must continuously maintain a valid certification. The
appointing authority
or designee may assign duties consistent with the use of the
certification.
b. California Water
Environment Association (CWEA), Plant Maintenance
Series:
(1) Plant Maintenance Grade III Certificate: 2% differential to
employees in the
class of Mechanical Maintenance Supervisor who
obtain this
certificate.
(2) Plant Maintenance Grade IV Certificate: 4% differential to
employees in the
class of Mechanical Maintenance Supervisor who
obtain this
certificate.
(3) Plant Maintenance Electrical/Instrumentation Grade III Certificate:
2% differential to
employees in the class of Water Quality Control
Systems Supervisor
who obtain this certificate.
(4) Plant Maintenance Grade IV Certificate: 4% differential to
employees in the
class of Water Quality Control Systems Supervisor
who obtain this
certificate.
The above
certificates are non-cumulative. Employees may only receive the incentive
pay for obtaining one
of the above certificates.
11.25
NATURAL RESOURCES INCENTIVE PAY
a. Employees
working in the classes listed in paragraph b. below are eligible
for an incentive pay
for obtaining the stated certifications from the designated
organization.
Eligibility will be determined upon submission of evidence of the
- 65 -
certification to the
appointing authority. For the incentive pay to continue, the employee
must continuously
maintain a valid certification. The appointing authority or designee
may assign duties
consistent with the use of the certification.
b. Wildlife Society:
2% incentive pay to employees in the classes of Natural
Resource Supervisor
who obtain the Wildlife Biologist Certification.
11.26
WATER TREATMENT AND WATER DISTRIBUTION INCENTIVE PAY
a. Employees
in the Department of Water Resources working in the classes
listed in paragraphs
b. and c. below are eligible for an incentive pay for obtaining the
stated certifications
from the designated organization. Eligibility will be determined upon
submission of
evidence of the certification to the appointing authority. For the incentive
pay to continue, the
employee must continuously maintain a valid certification. The
appointing authority
or designee may assign duties consistent with the use of the
certification.
b. California
Department of Health Services, Water Treatment:
(1) 2% incentive pay to employees in the class of Mechanical
Maintenance
Supervisor and Underground Construction and
Maintenance
Supervisor who obtain the T4 Certificate.
(2) 5% incentive pay to employees in the classes of Mechanical
Maintenance
Supervisor and Underground Construction and
Maintenance
Supervisor who obtain the Grade T5 Certificate
The
above certificates are non-cumulative. Employees may only receive the incentive
pay for obtaining one of the above certificates.
c. California
Department of Health Services, Water Distribution:
(1) 1% incentive pay to employees in the classes of Highway
Maintenance
Supervisor I and Highway Maintenance Supervisor II
who
obtain the Grade D3 Certificate.
(2) 2% incentive pay to employees in the classes of Mechanical
Maintenance
Supervisor and Underground Construction and
Maintenance
Supervisor who obtain the Grade D4 Certificate.
(3) 4% incentive pay to employees in the classes of Mechanical
Maintenance
Supervisor and Underground Construction and
Maintenance
Supervisor who obtain the Grade D5 Certificate.
The above
certificates are non-cumulative. Employees may only receive the incentive
pay for obtaining one
of the above certificates
- 66 -
ARTICLE XII
MISCELLANEOUS
12.1
INFORMATION SUPPLIED TO THE UNION
a. The
County agrees to provide at no charge to the Union:
(1) Minutes and agenda of the Board of Supervisors, Civil Service
Commission and
Retirement Board.
(2) Alphabetical and numeric salary range tables.
(3) Upon request, but no more than quarterly, a computer listing of
members in the
bargaining unit represented by the Union.
(4) Data regarding new persons entering the bargaining unit (date of
entrance into unit,
name, classification, department, and employment
code).
(5) Data regarding persons leaving the bargaining unit (date of exit,
name,
classification, department, and employment code). If the exit
is
due to a termination, the termination employment code will be
provided;
if the exit is due to movement into another bargaining unit,
the
active employment code will be provided.
b. The
County will make a good faith effort to deliver these items in a timely
fashion.
12.2
CLASSIFICATION STUDIES
The County agrees to give the Union, in respect to matters affecting supervisors in
classifications it
represents, copies of any studies or reports prepared by the Department
of Personnel Services
one (1) week in advance of presentation of such reports to the
Civil Service
Commission.
12.3
PERFORMANCE EVALUATIONS
Each supervisor shall be given an
opportunity to read and sign formal performance
evaluations prior to
the placement of such material in his personnel file. The supervisor
shall receive a copy
of the performance evaluation.
12.4
REPRIMANDS
a. Each
supervisor shall be given an opportunity to read and sign formal
letters of reprimand
prior to the placement of such material in his personnel file. The
- 67 -
supervisor shall
receive a copy of the letter of reprimand. A "letter of reprimand" is
a
written censure of a
supervisor. Letters of reprimand shall be given only for just cause.
b. Adverse
statements prepared by supervisors and management shall not be
included in a
supervisor's official departmental personnel file unless a copy is provided to
the supervisor.
12.5
AUTOMATIC RESIGNATION
a. If
an employee fails to report to his/her worksite, and has given no
notification to
his/her appointing authority or direct supervisor, the employee shall be
considered absent
without leave. If an employee is absent without leave for five (5)
consecutive workdays,
such employee shall be considered to have voluntarily resigned
from County service.
A notice of automatic resignation shall be sent by certified mail to
the employee's last
known address. The last known address shall be deemed to be that
address which is
within the personnel file of the employee within the department to which
he/she is assigned.
b. A
permanent employee may, within twenty-one (21) calendar days of the
effective date of
such separation, file a written request with the appointing authority for
reinstatement.
Reinstatement may be granted only:
(1) If the employee makes satisfactory explanation to the appointing
authority
as to the cause of the employee's absence or failure to
obtain
leave therefore; and
(2) The appointing authority determines that the employee is ready,
able,
and willing to resume the discharge of the duties of his/her
position;
or
(3) If the appointing authority consents to a leave of absence to
commence upon
reinstatement.
c. This
section does not preclude the employee from requesting reinstatement
under the provisions
of the Personnel Ordinance or any relevant sections of this
Agreement.
12.6
PROBATIONARY PERIOD
The probationary period for
supervisors shall be six (6) months, except in respect
to those positions
for which a longer period has been prescribed by the Civil Service
Commission pursuant
to the County Charter. The County agrees not to
recommend a
probationary period
longer than six (6) months respecting any positions in County service
within the unit
without first meeting and conferring with the Union.
- 68 -
12.7
PROMOTIONAL EXAMINATIONS
Supervisors shall be released from
duty without loss of compensation while
competing in County
promotional examinations that are scheduled during duty hours.
12.8
COPIES OF AGREEMENT
The County shall at its expense print
and provide 500 copies of this Agreement to
the Union.
12.9
BUSINESS CARDS
The County will provide business cards
to all supervisors who have contact
regularly with the
public. Printed on the card will be the supervisor's name and title, the
name of the
department and the County seal.
12.10
TRANSFER, REINSTATEMENT, MEDICAL EXAMINATION, AND
RESIGNATION
The parties agree that the personnel
rules governing transfer, reinstatement,
medical examinations,
leaves of absence, and resignation adopted by the Board of
Supervisors shall
apply to all supervisors in the General Supervisory Unit.
12.11
SUPERVISORY TRAINING
a. Two
(2) representatives of the Union may audit County supervisors training
programs and make
recommendations to the County's Training Officer and/or the
Director of Personnel
Services regarding proposed changes.
b. Elected
representatives, and/or group representatives, within their assigned
areas of
responsibility may also discuss training needs with departments.
12.12
ALTERNATIVES TO LAYOFF
a.
If it becomes necessary for the County to have a reduction in force, the
parties mutually
agree to discuss and consider alternatives to layoff.
b. Upon
notice from the Union of its intent to discuss
alternatives to layoff, the
parties upon
discussion will make every effort to reach agreement on an alternative to
layoff. However,
these discussions shall not in any way prevent or mitigate layoffs
pursuant to the
provisions of this Agreement unless and until the parties reach agreement
on the alternatives.
- 69 -
12.13 SAVING CLAUSE
If any provision of this Agreement
should be held invalid by operation of law or by
any tribunal of
competent jurisdictions, or if compliance with or enforcement of any such
provision shall be
restrained by such tribunal, the remainder of the Agreement shall not
be affected thereby.
ARTICLE XIII
SENIORITY, LAYOFFS AND REEMPLOYMENT
DIVISION A
APPLICATION-PURPOSES--RIGHTS
13.1 PURPOSE
a. This
article establishes layoff/reduction-in-hours in lieu of layoff procedures
and reemployment/return
rights. Following the implementation of a reduction-in-hours in
lieu of layoff
affecting a subordinate class in the series in a department, the provisions of
this article relative
to reduction-in-hours in lieu of layoff shall be so construed that the
County may, in its
sole and exclusive discretion, establish a four-fifths time position in lieu
of any deleted
full-time position, in order to implement a reduction-in-hours in lieu of
layoff
of supervisors
affected. This article also establishes reemployment rights and the order
of reemployment of
supervisors who are laid off and provides for the resolution of any
dispute which might
arise respecting the order of layoff or reemployment of those
supervisors who are
laid off.
b. For
the purposes of layoff/reduction-in-hours in lieu of layoff and
reemployment/return
of County supervisors assigned to the Sacramento Public Library
System, said System
shall be deemed to be a County department.
c. Due
to a unique organizational structure, the Sacramento Public Library
System is staffed
with supervisors of the County
of Sacramento and the
City of
Sacramento. Certain of these County supervisors have prior
service in or have attained
status in City
classifications which have a parallel in County classifications. City service
has been recognized
for promotional purposes and supervisors have moved from City
employment to accept
County employment in the Library System. Consequently, it is
appropriate to deem
prior City service in specific classifications within the Library System
to be County service
when applying the layoff and reemployment provisions of this article
to described County
supervisors in the System.
d. For
the purposes of layoff and reemployment of County supervisors
assigned to the
Sacramento Public Library System, the following shall apply
notwithstanding other
provisions of this Agreement.
- 70 -
(1) If the above-described supervisor is in a County classification
listed
in Subsection e.,
that supervisor shall be credited with prior
continuous service in
City classifications listed in Subsection e.
(2) If the above-described supervisor is in a County classification
listed
in Subsection e. and
has previously attained permanent status in a
City classification
listed in Subsection e., that supervisor shall be
granted status in the
parallel County class as reflected in
Subsection e.
e. City
Class Code Classification County Class
Code
3217 Librarian IV 1333
3119 Librarian III 1335
13.2 DEFINITIONS AND INTERPRETATIONS
Words and terms used in this article
shall have the same meaning as applies to
their use in Chapter
2.78, Sacramento County Code, unless otherwise defined below:
a. Demotion:
A change between classes where the
maximum salary of the
class to which the
supervisor is changed is any amount less than the
maximum salary of the
class from which the supervisor is changed. The
change is between
classes in which the supervisor holds permanent status.
b. Former
Class: A class in which a
supervisor previously has held permanent
status. A supervisor
may have one (1) or more former classes. However,
only those classes in
which the supervisor has held permanent status
during the current
period of continuous service are eligible former classes in
respect to a right to
demote.
c. Layoff:
The involuntary termination from a
class of a permanent or
probationary
supervisor without fault on the part of the supervisor, because
of lack of work, lack
of funds, or in the interest of economy.
d. Limited-Term
Supervisor: A person who accepts a
limited-term
appointment as
defined in Section 7.7(f) of the Civil Service Commission
Rules. A limited-term
supervisor is a temporary supervisor for purposes of
this article.
However, a permanent supervisor appointed to a limited-term
position shall have
return rights, within the same department, from the
limited-term position
to the permanent position.
e. Reduction-in-Hours
In Lieu of Layoff: The assignment of
an employee in a
full-time (forty [40]
hours per week) position to a four-fifths time (thirty-two
[32] hours per week)
position in lieu of layoff.
- 71 -
f. Return
to Full-Time Employment: The return
to a full-time position of a
supervisor in a
four-fifths time (thirty-two [32] hours per week) position who
formerly held a
full-time (forty [40] hours per week) position in that class.
g. Separation:
Release from employment of a temporary
supervisor or the
return of a regular
supervisor from a temporary upgrade to the immediate
former class in which
the supervisor held permanent status. Separation
does not constitute a
layoff.
h. Status:
The supervisor's current appointment,
such as permanent,
temporary,
provisional, or probationary. Temporary includes intermittent
and limited-term.
i. Temporary Supervisor: A person who has been appointed from a list of
eligibles, or provisionally in the absence of a list, to a
position which is other
than a permanent
position.
j. Voluntary
Reduction-in-Hours: The assignment of a supervisor in a full-time
(forty [40] hours per
week) position to a four-fifths time (thirty-two [32] hours
per week) position
upon the request of the supervisor.
13.3
LAYOFF
a. When
it becomes necessary due to lack of work, lack of funds, or in the
interest of economy,
to reduce the number of supervisors in a department, the order in
which supervisors
will be laid off within each class which is affected by the layoff shall be
based on seniority as
provided in Section 13.5.
b. Temporary
and provisional supervisors in the class involved in the layoff
shall be separated
prior to the layoff of any probationary or permanent supervisors.
c. Prior
to the layoff of any probationary or permanent supervisor, any
permanent supervisor
who currently is serving in a temporary position in that class shall
be separated and
returned to the class in which the person holds permanent status in
that department.
d.
Probationary and permanent supervisors shall be laid off in the inverse
order of their
seniority.
13.4
RIGHT TO DEMOTE
a. Any
supervisor who is scheduled for layoff shall have a right to demote
within the department
in which layoff will occur to a class in which the supervisor formerly
held permanent
status. If there is no authorized position in the department in the class to
which the supervisor
would otherwise have a right to demote, then this subsection shall
not apply. The right
to demote within the department to which the supervisor is assigned,
shall be implemented
as follows:
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(1) If there is only one (1) other lower salaried class within the
department
in which the supervisor formerly held permanent status,
the
supervisor shall be demoted to that class. If there is no vacancy
in
that class and the demoting supervisor has less seniority than all
other
supervisors within the department in that class, the demoting
supervisor
shall be laid off from that class and from employment.
(2) If there are two (2) or more lower salaried classes within the
department
in which the supervisor formerly held permanent status,
the
supervisor shall be demoted to that class in which the supervisor
formally
held permanent status which has the highest salary. If there
is
no vacancy in that class, and the demoting supervisor has less
seniority
than all other supervisors within the department in that
class,
the above process shall continue until the demoting supervisor
either
reaches a class within the department in which the supervisor
formerly
held permanent status in which there is a vacancy or in
which
the supervisor is not the least senior supervisor within the
department
in that class, or the supervisor is laid off from
employment.
(3) A supervisor who is least senior in a class in which there is no
vacancy
and to which a supervisor demotes from a higher class
within
the department shall be laid off from that class, and shall have
the
same right to demote as does any other supervisor who is laid
off.
(4) A supervisor demoted under this procedure shall be deemed to have
exercised
the supervisor's right to demote and to have accepted
each
demotion, subject to the supervisor's right to resign from
employment.
(5) A supervisor who is demoted from a class in which the supervisor
holds
permanent status shall be deemed for all purposes to have
been
laid off from each class from which the supervisor subsequently
demotes
or is displaced, including classes which the supervisor
passes
through because of the absence of a vacancy and insufficient
seniority
to occupy a position.
b. A
supervisor who is scheduled for layoff, shall be entitled to request a
demotion to another
class in which the supervisor formerly held permanent status which
is currently
authorized in another department. Except as provided in (3) below, the right
to request demotion
to another department applies to any class in which the supervisor
formerly held
permanent status which has a lower salary than the class from which the
supervisor was laid
off, which is authorized in any department other than the department
to which the
supervisor was assigned prior to layoff.
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(1) The appointing authority of the department to which the supervisor
requests
transfer may, in the appointing authority's discretion, grant
a
request to demote if there is (a) a vacancy in the class within the
department
or (b) the requesting supervisor would not be the least
senior
supervisor in the new department within the class to which the
request
is made.
(2) A supervisor whose request to demote to another department is
granted, shall be
deemed for all purposes to have been laid off from
the class from which
the supervisor demotes.
(3) Such right to request demotion shall not apply to a class to which
a
supervisor
is demoted within the same department. The purpose of
the
right to request a demotion to another department is to avoid
layoff
from employment.
13.5
SENIORITY
a. Seniority
shall be determined by the date of original appointment to the
class. For purposes
of this article, the "date of original appointment to the class" is
defined as the date
the supervisor first was appointed to the class, on or after the most
recent date of entry
into County service, regardless of type of appointment, including, but
not limited to,
provisional, limited term, temporary and exempt.
b. A
seniority list shall be prepared for each class for purposes of layoff and
shall include all
probationary and permanent supervisors in that class. Where seniority
dates in the class
are the same, ties shall be broken in the following sequence:
(1) Supervisors with the earliest date of entry into continuous County
service.
(2) Supervisors with the highest standing on the eligible list from
which
the appointments to
the applicable class were made.
c. The
seniority date for supervisors who terminate and subsequently return to
County service in
accordance with the military leave provisions of Section 2.78.785 of the
Sacramento County
Code shall be the date of original appointment to the class, prior to
the military
separation.
d. If
a supervisor's position is reallocated to a different class, and the former
class is no longer
authorized in the supervisor's department, the supervisor's date of
appointment to the
former class shall be the seniority date in the class to which the
position was
reallocated. In such cases the right to demote shall apply to the new class.
e. If
a supervisor is in a class which is retitled, the
seniority date in the retitled
class shall be the
date of appointment to the original class which has been retitled.
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f. If
a supervisor returns to a former class in which the supervisor previously
held permanent
status, the supervisor's seniority date in the former class shall be the
date of original
appointment to the former class.
13.6
REDUCTION-IN-HOURS IN LIEU OF LAYOFF
a. Notwithstanding
any other provision of this article or of this Agreement, the
County may, as an
alternative to or in conjunction with a layoff, implement this reductionin-
hours in lieu of
layoff provision by establishing a four-fifths (4/5) time position in lieu of
any deleted full-time
position and then assigning supervisors to such four-fifths time
positions in lieu of
the layoff of such supervisors in accordance with Section 13.1.
b. When
it becomes necessary due to a lack of work, lack of funds, or in the
interest of economy,
to implement a reduction-in-hours of supervisors in a department,
the order in which
supervisors within each class will be assigned to the four-fifths time
position in lieu of
layoff shall be based on seniority as provided in Section 13.5.
c. Implementation
of a reduction-in-hours in lieu of layoff shall not require the
separation of
temporary or provisional supervisors in the class involved. At the discretion
of the appointing
authority, temporary or provisional supervisors may be separated or
they may be assigned
to a four-fifths time position that has been established in lieu of a
full-time position.
Temporary and provisional supervisors in the class involved in the
reduction-in-hours in
lieu of layoff shall be reduced-in-hours or separated prior to the
reduction-in-hours in
lieu of layoff of any probationary or permanent supervisors.
d. Any
supervisor who is reduced-in-hours in lieu of layoff shall, in the
absence of a layoff
of said supervisor, have no right either pursuant to Section 13.4 or
otherwise, to demote
within the department or to request demotion to another
department.
e. A
supervisor reduced-in-hours in lieu of layoff under this procedure shall be
deemed to have
exercised the supervisor's right to the reduced-in-hours position and to
have accepted such
position, subject to the supervisor's right to resign from employment.
f. An
involuntary reduction-in-hours not to exceed six (6) months in a calendar
year shall only be
implemented to the extent that the number of accepted volunteers for
four-fifths positions
under Section 13.7 and the number of accepted volunteers for leaves
of absence under
Section 13.8 are insufficient to achieve that number of reductions as
determined by the
County.
13.7
VOLUNTARY REDUCTION-IN-HOURS
a. No
less than fourteen (14) calendar days prior to the date the reduced-in hours positions
are effective, notice of the County's decision to establish such four-fifths
time positions in
lieu of full-time positions shall be given, by posting on departmental
bulletin boards, to
supervisors in the affected class and department. No less than seven
(7) calendar days
prior to the date the reduced-in-hours positions are effective, full-time
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supervisors in the
class and department may request assignment to the four-fifths time
positions. Subject to
the provisions of Subsection b., supervisors in the class and
department, who so
volunteer in writing, shall be assigned to four-fifths time positions on
the basis of
seniority.
b. At
the discretion of the appointing authority, a certain number of volunteer
supervisors shall not
be entitled to assignment to a four-fifths time position on the basis of
seniority. The number
of volunteer supervisors in a classification which the appointing
authority may except
from a four-fifths assignment shall not exceed twenty percent (20%)
of the number of
volunteers initially accepted for the four-fifths positions (rounded to the
next highest number)
that have been established in lieu of full-time positions.
c. A
permanent supervisor who has been voluntarily reduced-in-hours in a
class and department
shall, within fourteen (14) calendar days of the supervisor's
request, be placed
(in order of seniority) on a return to full-time employment list for that
class and department.
Said request must be in writing and personally filed with the
appointing authority
and the Director of Personnel Services.
13.8
VOLUNTARY LEAVES OF ABSENCE FOR THE
PURPOSE OF
ACHIEVING REDUCTIONS
a. This
section shall have application only to "leaves of absence for the
purpose of achieving
reductions" and shall not have application to leaves of absence for
any other purpose.
b. When
notice is given under Section 13.7 of the County's decision to
establish
reduced-in-hours positions, regular supervisors in the class and department
may request a leave
of absence for the purpose of achieving reductions, if such request
is made no less than
seven (7) calendar days prior to the date the reduced-in-hours
positions are
effective. Subject to the provisions of Subsection b., supervisors in the
class and department,
who so volunteer in writing, shall be granted such leaves of
absence on the basis
of seniority.
c. At
the discretion of the appointing authority, a certain number of volunteer
supervisors shall not
be entitled to the above-described leaves of absence on the basis of
seniority. The number
of volunteer supervisors in a classification which the appointing
authority may except
from said leaves of absence shall not exceed twenty percent (20%)
of the number of
volunteers initially accepted for leaves of absence (rounded to the next
highest number) for
the purpose of achieving reductions. Said leaves of absence shall
be for not less than
a six-month period nor more than twelve months.
13.9
ACTION REGARDING VACANT POSITIONS WHEN A
DEPARTMENTAL
RETURNS TO FULL-TIME EMPLOYMENT LIST
EXISTS
When a position becomes vacant in a
class in a department for which a
departmental return
to full-time employment list exists, the County shall retain discretion
to take any of the
following actions:
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a. With
regard to a four-fifths time position which becomes vacant, the County
may:
(1) Delete the vacant position;
(2) Retain the position without returning any four-fifths time
supervisor to
full-time employment
and without making any appointment to that
position;
(3) Retain the position and make an appointment to that position in
compliance
with Section 13.31. If there are no eligible supervisors
available
on the reemployment lists described in Section 13.31, the
position
shall be filled in accordance with other personnel rules;
(4) Reestablish a full-time position in lieu of the vacant four-fifths
time
position
and make an assignment or appointment to that position in
compliance
with Section 13.31. If there are no eligible supervisors
available
on the return or reemployment lists described in Section
13.31,
the position shall be filled in accordance with other personnel
rules.
b. With
regard to a full-time position which becomes vacant, the County may:
(1) Delete the vacant position;
(2) Retain the position without returning any four-fifths time
supervisor to
full-time employment
and without making any appointment to that
position;
(3) Retain the position and make an assignment to that position from
the
return to full-time
employment list or as provided in Subsection
13.7-b.
13.10
JURISDICTION
If a supervisor in a class covered by
this article is laid off from that class and
demotes to a class
which is not covered by this article, then this article no longer applies
in respect to the
determination of the supervisor's seniority within the class to which
demotion occurs. In
such cases, the determination of seniority within the class to which
the supervisor is
demoted, shall be based on the agreement of the new representation
unit or the
Sacramento County Code, whichever applies.
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DIVISION B
LAYOFF
13.11 NOTICE OF LAYOFF/REDUCTION-IN-HOURS IN LIEU OF
LAYOFF
a. Each
supervisor subject to layoff/reduction-in-hours in lieu of layoff shall be
given written notice
of layoff/reduction-in-hours in lieu of layoff. The notice shall prescribe
the effective date of
layoff/reduction-in-hours in lieu of layoff. The written notice shall
either be personally
handed to the supervisor, delivered to his last known address, or
mailed to the last
known address if such address is a post office box number. The last
known address shall
be deemed to be that address which is within the personnel file of
the supervisor within
the department to which he is assigned. The notice shall be
deemed served on the
date it is personally handed to the supervisor, or on the date it is
left at his last
known address, or on the date it is mailed to his last known address, as the
case may be.
b. The
effective date of layoff/reduction-in-hours in lieu of layoff shall be not
earlier than the 14th
calendar day following the date of service of the notice of
layoff/reduction-in-hours
in lieu of layoff.
13.12 NOTICE TO UNION
Each time a layoff/reduction-in-hours
in lieu of layoff is ordered, the County shall
mail to the Union,
not later than the date of service of the last notice of layoff/reduction-in-hours
in lieu of layoff, each seniority list by class and department in which a
supervisor
covered by this
Agreement is to be laid off/reduced-in-hours in lieu of layoff. Each such
list shall identify
the supervisors to be laid off/reduced-in-hours in lieu of layoff and show
the date of service
of the notice of layoff/reduction-in-hours to each supervisor who is to
be laid
off/reduced-in-hours in lieu of layoff.
13.13 GRIEVANCE-ARBITRATION PROCEDURE
The grievance-arbitration procedure
set forth in Sections 13.14 through 13.24 shall
apply to grievances
concerning the validity or timeliness of service of notice of
layoff/reduction-in-hours
in lieu of layoff, the order of layoff/reduction-in-hours in lieu of
layoff, or the
identification of who is laid off/reduced-in-hours in lieu of layoff under the
order of
layoff/reduction-in-hours in lieu of layoff.
13.14 GRIEVANCE
A grievance is a complaint by one (1)
or a group of supervisors or the Union
involving the
interpretation, application or enforcement of the express terms of this
article,
and asserting that a
supervisor or supervisors have been not served with notice of
layoff/reduction-in-hours
in lieu of layoff; not timely served with notice of layoff/reduction-in-
hours in lieu of
layoff; misplaced within the order of layoff/reduction-in-hours in lieu of
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layoff; or
incorrectly identified for layoff under the order of layoff/reduction-in-hours
in-lieu
of layoff, in
violation of the terms of this article.
13.15 TIME, PLACE AND MANNER OF FILING
a. A
grievance shall be filed on a form prescribed by the County. Each
grievance shall state
for each named supervisor the factual basis for the claim and the
provision of the
article allegedly violated. Any grievance on this subject which is not
timely or does not
meet the criteria established in this section shall be deemed invalid,
null and void.
b. All
grievances on this subject shall be filed with the County's Director of
Labor Relations not
later than seven (7) calendar days following the alleged violation.
Any grievance which
is not received by the Director of Labor Relations within seven (7)
calendar days
following the alleged violation shall be deemed invalid, null and void and a
waiver of the right
of the supervisor to assert his claims.
13.16 DELIVERY TO THE UNION
The County shall deliver a copy of
each grievance filed by a supervisor or group of
supervisors to The
Union not later than eight (8) calendar days following the date of filing.
13.17 COMPLAINTS BY THE UNION
a. Not later than fifteen (15) calendar days
following the date of delivery of
copies of grievances
by supervisors pursuant to Section 13.16 or twenty-two (22)
calendar days after
the filing of a grievance by the Union, whichever is earlier, the Union
shall file a
consolidated complaint with respect to all such grievances. The complaint
shall name each
supervisor previously named in a grievance, who the Union
asserts has
been not validly
served with notice of layoff/reduction-in-hours in lieu of layoff, not served
in a timely manner,
misplaced within the order of layoff/reduction-in-hours in lieu of layoff,
or incorrectly
identified for layoff/ reduction-in-hours in lieu of layoff under the order of
layoff/reduction-in-hours
in lieu of layoff. Any supervisor named in a timely grievance
filed by the Union or a timely supervisor grievance, who is not so
named in the complaint,
shall be deemed to
have been validly and correctly identified for layoff/reduction-in-hours
in lieu of layoff
under the order of layoff/reduction-in-hours in lieu of layoff.
b. By filing the complaint or by not
filing a complaint, the Union shall have
authority to waive
the claims of supervisors which it elects not to assert.
c. The
complaint shall be filed with and received by the Director of Labor
Relations within
fifteen (15) calendar days following delivery to the Union
of the copies of
supervisor grievances
or twenty-two (22) calendar days following filing by the Union
of its
grievance, whichever
is earlier.
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13.18 ARBITRATION - SCHEDULING
Timely complaints shall be submitted
to and determined by an arbitrator. Each
arbitration proceeding
shall commence not earlier than ten (10) calendar days and not
later than thirty
(30) calendar days following the date of filing of the complaint.
13.19 CONSOLIDATION OF PROCEEDINGS
a. It
is understood that the County is entering into this type of agreement with
exclusive
representatives of other representation units of County employees. The
County Executive or his designee shall be authorized to order the
consolidation for
purposes of hearing
and decision of a complaint by the Union with
one (1) or more
complaints by
exclusive representatives of other representation units, except as to unit
representatives who
file their complaints on dates which preclude the scheduling of the
consolidated hearing.
b. Consolidation
shall be effected by written notice by the County Executive
to
all unit
representatives whose complaints are ordered consolidated. The written notice
shall designate the
arbitrator for the consolidated hearing from among those specified in
Section 13.20-a., or
in the event of their unavailability, the arbitrator selected pursuant to
Section 13.20-b.
c. The
Union shall be authorized to withdraw from the
consolidated
proceedings by
serving written notice of withdrawal upon the County's Director of Labor
Relations within five
(5) calendar days after service of the notice of consolidation.
d. In
the absence of agreement between the parties and the arbitrator, the
arbitrator shall
schedule the date, time and place of the hearing.
e. If
the Union withdraws from a consolidated
proceedings, the County shall
have a right to a
reasonable continuance of any hearing of the Union’s
complaint if
necessary in order to
avoid the hearing of more than one (1) complaint of a unit
representative on the
same day.
f. If
the Union withdraws from a consolidated
hearing, and subsequently an
arbitrator makes a
back-pay award under the Union’s complaint,
there shall be subtracted
from the amounts
owing any and all back-pay attributable to the period, between the date
of an arbitrator's
decision on the Union’s complaint and the date
of an arbitrator's
decision on the
complaint which is the first one decided among those ordered to be
consolidated.
13.20
APPOINTMENT OF ARBITRATOR
a. The
parties to the hearing and to the selection of the arbitrator shall be the
Union and the County.
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b. An
impartial arbitrator shall be selected jointly by the parties within ten (10)
workdays of receipt
of the written demand.
c. In
the event the parties are unable to agree on an arbitrator within the time
stated, the parties
shall solicit from the State of California
Mediation/Conciliation Service
a list of five (5)
arbitrators.
d. After
receipt of the list, the parties shall alternately strike arbitrator’s names
from the list until
one (1) arbitrator’s name remains.
e. If
an arbitrator selected declines appointment or is otherwise unavailable, a
new list shall be
requested as per Subsection b. above, and the selection shall be made
as in Subsection c.
above, unless an arbitrator can be mutually agreed upon.
13.21 HEARINGS
a. Except
as otherwise mutually agreed or otherwise provided herein, the
arbitration hearings
shall be conducted in accordance with rules of the American
Arbitration
Association.
b. In
the event complaints are consolidated for purposes of hearing and
decision, all unit
representatives shall present their complaints and evidence in support of
their cases in chief
before the County presents any rebuttal evidence and its case in chief
as to any individual
complaint or the complaints as a whole.
c. Whether
or not the proceedings shall be consolidated, the parties to the
proceedings shall be
deemed to be the County and the Union (and
other unit
representatives, if
any), and no supervisor or groups of supervisors shall be deemed to
be parties of the
proceedings.
13.22 QUESTIONS
In any arbitration proceedings on this
issue, the questions to be decided by the
arbitrator shall be
limited to the following:
a. Whether
or not the notice of layoff/reduction-in-hours in lieu of layoff was
served in a timely
manner in compliance with the provisions of this article;
b. Whether
the order of layoff/reduction-in-hours in lieu of layoff complied with
the terms of this
article;
c. Whether
the identification of particular supervisors for layoff/-reduction-in-hours in
lieu of layoff violated the terms of this article;
d. The
remedy, in the event it is determined that layoff/reduction-in-hours in
lieu of layoff did
not comply with the terms of this article; and,
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e. The
supervisor or supervisors who should have been identified for
layoff/reduction-in-hours
in lieu of layoff.
13.23 DECISION
The decision by the arbitrator shall
comply with the following requirements:
a. The
decision shall be issued not later than ten (10) calendar days after the
close
of the hearing or hearings. The decision shall be in writing, shall
specifically
state the interpretation of this article rendered by the arbitrator,
and
the remedies, if any. The decision need not state the reasons,
discussion
or contain reasoning, so long as the interpretation by the
arbitrator
is specifically stated.
b. The
arbitrator shall not have jurisdiction or authority to order reinstatement,
back
pay or any other relief for any supervisor who is identified for
layoff/reduction-in-hours
in lieu of layoff in violation of the terms of this
article,
unless the supervisor has been identified in both a timely grievance
and
a timely complaint.
c. The
arbitrator shall not have jurisdiction or authority to revise the order of
layoff/reduction-in-hours
in lieu of layoff as to any supervisor except to the
extent
necessary to grant relief to a supervisor determined to have been
assigned
an improper order of layoff/involuntary reduction-in-hours in lieu of
layoff
alleged in both a timely grievance and a timely complaint.
d. The
arbitrator shall have authority, in the event of a determination that a
supervisor
incorrectly identified for layoff/reduction-in-hours in lieu of layoff
in
a timely grievance and a timely complaint, to order the reinstatement of
such
supervisor with back pay. For each supervisor so reinstated, the
arbitrator
shall determine and designate the supervisor currently working for
the
County who should have been identified instead, and shall order the
layoff/reduction-in-hours
in lieu of layoff of each such supervisor. The order
of
layoff/reduction-in-hours in lieu of layoff shall become effective fourteen
(14)
calendar days following service of the notice of layoff/-reduction-in-hours
in
lieu of layoff which results therefrom pursuant to
Section 13.11.
e. Under
no circumstances shall an arbitrator have jurisdiction or authority to
order
any remedy which either directly or indirectly permits the
layoff/reduction-in-hours
in lieu of layoff of fewer personnel than ordered by
the
County or which otherwise impairs the discretion of the County to
determine
the number of personnel within each department who will be
employed.
f. The
arbitrator shall have no authority to add to, delete or alter any provision
of
this article, but shall limit his decision to the application and
interpretation
of
its express provisions.
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g. The
decision of any arbitrator shall be consistent with prior decisions of
other arbitrators, and
subsequent arbitrators shall be bound by those
interpretations.
h. The
decision of the arbitrator shall be final and binding as to all matters
within his jurisdiction.
13.24 COSTS
The fees and expenses of the
arbitrator and court reporter shall be shared equally
by the parties. In
the event of consolidated proceedings, the arbitrator shall prorate the
costs to individual
representation units, and the County and unit representatives shall
share such costs
equally.
DIVISION C
REEMPLOYMENT/RETURN
13.25 ENTITLEMENT
With respect to classes covered by
this article, reemployment/return to full-time
employment
entitlements shall be as follows:
a. A
person who held permanent status in the class from which the person
was
laid off, who remains employed by the County, shall during the threeyear
period
following the effective date of layoff, be entitled to be appointed
from
a departmental reemployment list to a vacancy authorized to be filled
in
that class within the department from which the person was laid off,
pursuant
and subject to the provision set forth in this division. A person
who
held permanent status in the class from which the person was laid off
who
is no longer employed by the County shall not be eligible for or entitled
to
appointment from a departmental reemployment list beyond two (2) years
from
the date of original layoff.
b. A
person who held permanent status in the class from which he or she was
laid
off, who remains employed by the County, shall also, during the three year period
following the effective date of layoff, be entitled to certification
from
a County-wide reemployment list for a vacancy in the class from which
the
person was laid off, which is authorized to be filled, pursuant and
subject
to the provisions set forth in this division. A person who held
permanent
status in the class from which he or she was laid off who is no
longer
employed by the County shall not be eligible for or entitled to
certification
from a County-wide reemployment list beyond two (2) years
from
the date of original layoff.
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c. A
supervisor who has permanent status in the class in which the supervisor
has
been reduced-in-hours in lieu of layoff shall be entitled to be returned
from
a departmental return to full-time employment list to a vacancy
authorized
to be filled in that class within the department in which the
supervisor
is currently assigned pursuant to and subject to the provisions in
this
division.
13.26 TYPE OF POSITION
The entitlement to appointment or
certification applies whether the position in
which the vacancy
occurs is regular, temporary or limited-term.
13.27 LIMITED-TERM
Personnel serving under limited-term
appointments shall not be entitled to
reemployment/return
rights or to placement on either a departmental or County-wide
reemployment list or
a departmental return to full-time employment list, whether or not
they held permanent
status as limited-term appointees in the class from which they were
separated or
reduced-in-hours in lieu of layoff.
13.28 DEPARTMENTAL LISTS FOR RETURN-TO-FULL-TIME
EMPLOYMENT
The County shall prepare a
departmental list for return to full-time employment for
each class in each
department in which supervisors have been reduced-in-hours in lieu
of layoff. All
supervisors with permanent status in a class in a department who have
been reduced-in-hours
in lieu of layoff shall be added to the list for the class and
department in which
the reduction-in-hours occurs. Supervisors who have voluntarily
been reduced-in-hours
shall be placed on the return to full-time employment list as
provided in Section
13.8. The order of supervisors on the departmental list for return to
full-time employment
shall be based upon seniority as provided in Section 13.5.
Supervisors who
acquire permanent status in the class subsequent to the effective date
of their reduction-in-hours
in lieu of layoff shall be added to the return to full-time
employment list on
the date they attain permanent status.
13.29 DEPARTMENTAL REEMPLOYMENT LISTS
a. The
County shall prepare a departmental reemployment list for each class
in each department in
which a supervisor with permanent status in that class is laid off.
As personnel are
separated from a class in which they hold permanent status, their
names shall be added
to this list for the class and department in which the layoff occurs.
The order of
personnel on each departmental reemployment list shall be based upon
seniority established
in the class to which the list refers, as determined under Division A.
b. Notwithstanding
any provision of this article to the contrary, the order of
names on departmental
reemployment lists shall be derived from (by inverting) the order
of layoff as
determined under Division A at the time of layoff, as the order of layoff may
be modified by
agreement between the parties or award under grievance-arbitration
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proceedings commenced
pursuant to layoff under Division B, above. The purpose of this
provision is to
insure that disputes concerning the order of layoff and of department
reemployment lists
are raised and settled at or near the time of layoff, and not at the time
reemployment is
sought.
13.30 COUNTY-WIDE REEMPLOYMENT LISTS
a. The
County shall prepare County-wide reemployment lists for each class
from which personnel
with permanent status in the class were laid off. Each list shall
constitute a merger
of persons who were laid off from the class and who held permanent
status therein.
b. The
order of personnel on each County-wide reemployment list shall be
based upon seniority
according to the date of original appointment to the class to which
the list refers, as
determined under Division A.
13.31 RETURN, APPOINTMENT AND CERTIFICATION
PRIORITIES
The following priorities shall apply
in relation to vacancies in classes to which the
entitlement to
return, appointment or certification is applicable.
a. A
vacancy in a full-time position in a class in a department shall be filled
from
the departmental return to full-time employment list for the class in
which
the vacancy exists and for the department in which the vacancy
exists.
Supervisors who have been reduced-in-hours in lieu of layoff shall
be
returned to vacancies in the order of the list. If the vacancy is not filled
as
provided in this subsection, then;
b. A
vacancy in a class shall be filled first from the Medical Center
transfer
eligible
lists prescribed in Section 7.7(d) of the Civil Service Rules, as that
section
existed prior to August 15, 1974. If the vacancy is not filled by
appointment
from the Medical Center transfer eligible list, then;
c. The
vacancy shall be filled from that departmental reemployment list for the
class
in which the vacancy exists and for the department in which the
vacancy
exists. Persons shall be appointed to vacancies in the order of the
list.
(1) One (1) person shall be offered an appointment for each vacancy in
accordance
with the order of the list. If that person declines
appointment,
the next person in order shall be offered appointment.
(2) A person to whom an appointment is intended to be offered may be
contacted
personally and may accept appointment orally. A person
shall
not be deemed to have declined appointment unless the person
has
done so in writing, or unless written notice of the offer of
appointment
has been transmitted by certified mail to the person's
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last
known address, and the person has failed to accept the
appointment
in writing within five (5) calendar days following the date
of
mailing of the notice.
d. No
persons shall be certified for appointment from a County-wide
reemployment
list to a vacancy in a class until there are no longer any
names
on that departmental reemployment list for the class within the
department
in which the vacancy exists or all persons on that departmental
reemployment
list have declined appointment to that vacancy. In such
event,
the names of three (3) persons shall be certified from the Countywide
reemployment
lists for the class in which the vacancy exists in
accordance
with the order of the list. The names shall be certified to the
appointing
authority for the class in which the vacancy exists, who shall
have
discretion to offer the appointment to one (1) of the three (3). If there
is
more than one (1) vacancy, an additional name shall be certified for each
vacancy
in excess of one (1).
(1) For each person who declines an offer of appointment, an additional
name shall be
certified.
(2) A person on the County-wide reemployment list shall be deemed to
have declined
appointment under the same circumstances and in
accordance with the
same procedure as is specified in Section 13.31
c.(2).
(3) If there are fewer than three (3) names on the County-wide
reemployment list, a
rank or ranks of additional names shall be
certified from
regular eligible lists so as to provide a total of not less
than three (3) persons
available for appointment.
13.32
REMOVAL FROM RETURN TO FULL-TIME EMPLOYMENT LIST
A supervisor shall remain on the
departmental return to full-time employment list
for a classification
only as long as the supervisor retains employment in the reduced-in hours position
for that classification. Additionally, a supervisor shall be retained on the
list, but not
certified, as long as the reduced-in-hours position is voluntarily held (that
is,
the supervisor
requests the reduced-in-hours position and is accepted pursuant to the
provisions of Section
13.7). Personnel shall not be deemed removed from such lists by
virtue of appointment
to any temporary or limited-term position in any class.
13.33 REMOVAL FROM DEPARTMENTAL REEMPLOYMENT LISTS
The names of persons shall be deemed
removed from departmental
reemployment lists
and their entitlement to appointment from such lists terminated, as
follows:
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a. Upon
the expiration of the time frames listed in Section 13.25-a following
the effective date of layoff
of each person.
b. As
a result of appointment to a regular position within County service in a
class
which is the same as the one for which the list exists or which, at the
time
of appointment, is equal to or higher than the one for which the list
exists
in salary when measured at the top step of the salary schedule.
(Personnel
shall not be deemed removed from such lists by virtue of
appointment
to any temporary or limited-term position in any class.)
c. Upon
declination of appointment from the list, under the same
circumstances
and in accordance with the same procedure as is specified
in
Subsection 13.31-c.(2) except in instances where the person states in
writing
that he temporarily is medically incapacitated.
d. In
the event a person states in writing that he does not desire appointment
from
the list, or fails to file a written statement expressing his desire for
appointment
within five (5) calendar days following certified mailing to the
person's
last known address.
13.34 REMOVAL FROM COUNTY-WIDE REEMPLOYMENT LISTS
The names of persons shall be deemed
removed from County-wide reemployment
lists and their
entitlement to certification from such lists terminated as follows:
a. Upon
the expiration of the time frames listed in Section 13.25-b. following
the effective date of layoff
of each person.
b. As
a result of appointment to a regular position within the County service in
a
class which is the same as the one for which the list exists or which, at
the
time of appointment, is equal to or higher than the one for which the list
exists
in salary when measured at the top step of the salary schedule.
(Personnel
shall not be deemed removed from such lists by virtue of
appointment
to any temporary or limited-term position in any class.)
c. In
the event a person states in writing that the person does not desire
appointment
from the list, or fails to file a written statement expressing the
person's
desire for appointment within five (5) calendar days following
certified
mailing, to the person's last known address.
d. Removal
from the departmental reemployment list. The removal shall be
from that County-wide
reemployment list for the class to which the
departmental reemployment
list applied.
e. Except
as provided in Paragraph c. of Section 13.33, a person shall be
authorized to decline
appointment to a class to which the person has been
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certified by submitting a
written statement which objects to the appointment
on the basis of the identity
of the department, geographical location of the
job,
or shift schedule of the job. Such a declination shall not result in
removal
of the person from the County-wide reemployment list. The person
shall
not thereafter be certified for appointment to a vacancy which falls
within
the description of the written objection.
13.35 EFFECT OF REEMPLOYMENT
When a person is reemployed from
either a department reemployment list or a
County-wide
reemployment list, the period of unemployment following the layoff shall not
be treated as an
interruption of service for purposes of reestablishing salary, benefits or
seniority. The period
of such unemployment shall be treated as County service for
seniority purposes.
However, with the exception of seniority, the period of unemployment
shall not be treated as
County service for any other purposes.
13.36 SERVICE OF REEMPLOYMENT LISTS
a. Not
later than January 1 of each year, the County shall serve by mail upon
the Union a set of
copies of all County-wide reemployment lists, all departmental
reemployment lists
and all departmental return to full-time employment lists for classes
covered by the
Agreement. Such service shall be made once, and shall include all such
lists prepared as a
result of all layoff/reduction-in-hours which have occurred between
July 1 and the date
of service.
b. Not
later than July 5 of each year, the County shall serve by mail upon the
Union a set of copies
of all County-wide reemployment lists, all departmental
reemployment lists
and all departmental return to full-time employment lists for classes
covered by this
article. Such service shall be made once, and shall include all such lists
prepared between the
date of service pursuant to paragraph a. and June 30, inclusive.
13.37 GRIEVANCE-ARBITRATION PROCEDURE
The grievance-arbitration procedure
set forth in Sections 13.38 through 13.42 shall
be applicable only to
disputes arising under Division C of this article.
13.38 EXISTENCE, ORDER AND CONTENTS OF REEMPLOYMENT
LISTS
a. Except
as provided in this section, no supervisor, person or other entity
shall be authorized
to grieve, dispute or otherwise challenge a reemployment list or return
to full-time
employment list established pursuant to this article.
b. No
later than twenty (20) calendar days following each service of
reemployment lists
upon the Union, the Union shall be authorized to file a grievance
asserting that the
County has failed to establish a reemployment list or return to full-time
employment list
required by this article, has established a reemployment list or return to
full-time employment
list prohibited by this article, the order of personnel contained on
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any one (1) or more
of the lists violates the provisions of Sections 13.25, 13.26, 13.27,
13.28, 13.29, or
13.30, that personnel have been placed on a list in violation of said
sections, or that
personnel have been omitted from the lists in violation of said sections.
c. The
grievance shall specifically identify:
(1) The list or lists to which the grievance refers;
(2) The nature of the alleged violation or violations, the facts on
which
the alleged
violations are based, and the section or sections of this
article violated.
(3) The names of any personnel alleged to have been erroneously
placed upon or
omitted from the list or lists; and
(4) The changes in lists alleged to be required in order to remedy the
alleged violations.
d. The
grievance shall be filed with the County's Director of Labor Relations,
and shall be received
by the Director not later than twenty (20) calendar days following
service of the lists
pursuant to Section 13.36.
e. The
failure of the Union to file a grievance within the time required herein
shall constitute a
waiver of the right to challenge the matters referred to in this section,
which is binding upon
the Union and all other persons.
13.39
OTHER MATTERS
a. Except
as to matters referred to in Section 13.38, the Union and any
persons laid off from
a class or reduced-in-hours in lieu of layoff in a class covered by this
article shall be
authorized to file a grievance alleging a violation of Sections 13.25 and
13.35.
b. Such
grievances shall be filed on forms prescribed by the County with the
County's Director of
Labor Relations not later than ten (10) working days after the event
or circumstance
occasioning the grievance. Any grievance not received by the Director
within said period
shall be deemed invalid, null and void.
c. Any
grievance filed pursuant to this section other than one filed by the
Union shall be
transmitted by mailed copy to the Union not later than five (5) calendar
days after is it
filed.
13.40 PRE-ARBITRATION HEARING
a. A
hearing shall be held by the County Executive or his designee on all
grievances filed
pursuant to the provisions of Sections 13.38 and 13.39, not later than ten
(10) working days
following the date of filing. The Union shall be given advance
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written notice of the
time, date and place of all such hearings, and shall be authorized to appear and
participate therein.
b. If
the County Executive or his designee determines that a grievance shows
a violation of this
article and is otherwise timely and within the scope of the grievance arbitration
provisions, he shall be authorized to take all actions necessary to grant
relief,
including the layoff of
any supervisors who have been employed in violation of the
provisions of this
division relating to reemployment or the reduction-in-hours in lieu of
layoff of any
supervisor returned to full-time status in violation of the provisions of this
division relating to
return to full-time employment.
c. The
County Executive or his designee shall issue a written decision not
later than five (5)
working days following the date of the hearing, and shall mail copies to
the grievant or grievants and the Union.
13.41 REQUEST FOR ARBITRATOR
If the Union is dissatisfied with the
decision of the County Executive or his
designee, it shall be
authorized to file a request for arbitration.
a. The
request for arbitration shall be in writing, and shall be filed with the
Director
of Labor Relations not later than seven (7) calendar days after
mailing
of the decision of the County Executive or his designee. If the
Union
fails to file a request for arbitration within the time required, the
decision
by the County Executive or his designee shall be deemed final,
binding
and conclusive upon all issues determined therein.
b. In
formulating and filing the request for arbitration or by not filing a request
for
arbitration, the Union shall have authority to waive the claims of persons
who
have filed grievances or others which it elects not to file. The failure to
assert
such claims shall be deemed to be a waiver of such claims and
rights
which is binding upon the Union, the persons who have filed
grievances,
and the personnel covered by this article.
13.42 ARBITRATION SCHEDULING
Timely requests for arbitration shall
be submitted to and determined by an
arbitrator. Each
arbitration proceeding shall commence not earlier than fifteen (15)
calendar days and not
later than forty-five (45) calendar days following the date of filing of
the request.
a. The
arbitrator shall be selected by mutual agreement of the parties. If the
parties are unable to agree,
the arbitrator shall be appointed by the
American Arbitration
Association.
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b. Except
as otherwise mutually agreed or otherwise provided herein, the
arbitration
hearings shall be conducted in accordance with the rules of the
American
Arbitration Association.
c. The
parties to the proceedings shall be deemed to be the County and the
Union,
and no supervisor, group of supervisors or other person shall be
deemed
to be parties to the proceedings.
13.43 DECISION
The decision of the arbitrator shall
comply with the following requirements:
a. The
decision shall be issued not later than ten (10) calendar days after the
close
of the hearing. The decision shall be in writing, shall specifically state
the
interpretation of this article rendered by the arbitrator, and the remedies,
if
any. The decision need not state reasons, discussion or contain
reasoning,
so long as the interpretation by the arbitrator is specifically
stated.
b. The
arbitrator shall not have jurisdiction or authority to revise the order of
either
a County-wide reemployment list or departmental reemployment list
or
a departmental return to full-time employment list as to any person on
such
a list who has not been alleged in a timely grievance to have been
placed
in incorrect order thereon, except to the extent necessary to grant
relief
to a person determined to have been placed in incorrect order who
was
so alleged in a timely grievance.
c. The
arbitrator shall not have jurisdiction or authority to invalidate the
employment
of any person who has been reemployed from either a Countywide reemployment list
or departmental reemployment list or to grant any relief to a person on such a
list who should have been so reemployed or
certified
for appointment, except as to persons named in a timely grievance.
d. The
arbitrator shall not have jurisdiction or authority to invalidate the return
to
full-time employment of a supervisor who has been returned from a
departmental
return to full-time employment list or to grant any relief to any
supervisor
on such a list who should have been returned to full-time
employment,
except as to supervisors named in a timely grievance.
e. The
arbitrator shall have no authority to add to, delete or alter any provision
of
this article, but shall limit his decision to the application and
interpretation
of
its express terms.
f. The
decision of any arbitrator shall be consistent with prior decisions of
other
arbitrators and subsequent arbitrators shall be bound by the
interpretations
by prior arbitrators of the terms of this article.
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g. The
decision of the arbitrator shall be final and binding as to all matters
within his jurisdiction.
13.44 COSTS
The fees and expenses of the
arbitrator and court reporter shall be shared
equally by the
parties.
DIVISION D
MISCELLANEOUS
13.45 WITNESSES
The County agrees that employees shall
not suffer loss of compensation for time
spent as a witness at
an arbitration hearing held pursuant to this article. The Union
agrees that the
number of witnesses requested to attend and their scheduling shall be
reasonable.
ARTICLE XIV
DISCIPLINE AND DISCHARGE
14.1 PURPOSE
It is the intent of the parties that
the provisions of this article, shall substitute for
any and all appeal
procedures provided by the Civil Service Commission relating to the
discipline, as
defined in Section 14.2 below, of employees in a class included in the
General Supervisory
Unit.
14.2 DEFINITION
a. As
used herein, "disciplinary action" means demotion, reduction in pay
step
in class, suspension
or discharge of an employee with permanent civil service status.
b. As
used herein, "parties" means the County and the Union.
14.3 PERSONS AUTHORIZED TO INITIATE DISCIPLINARY
ACTION
The employee's appointing authority or
the designated representative of the
appointing authority
may initiate disciplinary action against an employee.
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14.4 APPLICATION
a. This
article shall only apply to employees with permanent civil service
status.
b. Probationary
Status: This article shall not apply
to an employee in
probationary status
who shall have no right to grieve or arbitrate release from such
probationary
appointment.
c. Temporary
Employee: An employee in a temporary
position shall have no
right to grieve or
arbitrate release from such temporary appointment.
d. Temporary
Upgrade: An employee in a temporary
upgrade status shall
have no right to
grieve or arbitrate release from such temporary upgrade status.
e. Provisional
Appointment: An employee with
provisional status shall have
no right to grieve or
arbitrate release from such a provisional appointment.
14.5 CAUSE FOR DISCIPLINARY ACTION
No disciplinary action shall be taken
against a permanent employee without good
cause. "Good
cause" is defined as any facts which, based on relevant circumstances,
may be reasonably
relied on by the appointing authority in the exercise of reasonable
discretion as a basis
for disciplinary action. "Good cause" includes, but is not limited
to:
a. Fraud
in securing appointment.
b. Incompetency.
c. Inefficiency.
d. Inexcusable
neglect of duty.
e. Insubordination.
f. Dishonesty.
g. Drunkenness
on duty.
h.
Addiction to the use of narcotics or
habit-forming drugs.
i. Inexcusable absence without leave.
j.
Conviction of a felony or
conviction of a misdemeanor which is of such a
nature as to adversely
affect the employee's ability to perform the duties
and responsibilities of the
employee's position. A plea of guilty, or a
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conviction following a plea
of nolo contendere is
deemed to be a conviction
within the meaning of this
section.
k. Discourteous
treatment of the public or other employees.
l. Political
activity prohibited by state or federal law.
m. Willful
disobedience.
n. Violation
of any of the prohibitions set forth in Section 71 of the Sacramento
County Charter.
o. Refusal
to take and sign any oath or affirmation which is a federal, state or
County requirement.
p. Any
failure of good behavior either during or outside of duty hours which is
of such nature that it
causes discredit to the County or his/her employment.
q.
Failure to possess or keep in effect any license, certificate or other similar
requirement specified in the
employee's position specification.
r. Any
violation of Civil Service Commission Rule 6.6-a which prohibits the
solicitation of waivers.
s. Failure
to pay a service fee, or a contribution required in lieu of a service
fee, pursuant to an agency
shop provision in a labor agreement between
the County and a recognized
employee organization, where the disciplinary
action in question is
provided for in such agreement.
14.6 CAUSES FOR PERSONNEL ACTION DUE TO PHYSICAL
OR MENTAL
DISABILITY
For non-disciplinary reasons, a
permanent employee's employment may be
terminated or a
permanent employee may be reduced in rank because of physical or
mental disability
which disability precludes the employee from the proper performance of
the essential duties
of his or her job. Any such action shall be subject to the same
provisions of this
article as are applicable to actions taken pursuant to Section 14.5.
14.7 NOTICE REQUIREMENT AND EFFECTIVE DATE OF
ORDER
a. The
appointing authority or designee shall file a written proposed order and
final order of
disciplinary action with the Director of Labor Relations.
b.
A copy of the
proposed and final notice of disciplinary action shall be
Served upon the employee
either personally, or by registered or certified mail, return receipt requested,
to the last known address of the employee. The last known address shall be deemed
to be the address which is within the personnel file of the employee
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within the department to
which he or she is assigned. If notice is provided by mail, the employee should
be deemed to have received notice five (5) days after the date of mailing. At the same time, service shall be
made to the Union.
c. The
order shall be approved as to form by the Office of Labor Relations and
shall include:
(1) A statement of the nature of the disciplinary action;
(2) The effective date of the disciplinary action;
(3) A statement in ordinary and concise language of all specified facts
or
omissions upon which
the disciplinary action is based; and
(4) A statement advising the employee of the right to appeal the action
through
the arbitration procedure of this article, of the manner and
time
of which said appeal must be made, and the required content of
the
appeal.
d. The
disciplinary action shall be effective on the date and time specified in
the order of
disciplinary action filed with the Director, provided notice is served as
specified in this
action.
14.8 APPEAL
a. The
Union shall have the right to appeal on behalf of an employee who is
subject to the
disciplinary action, within fifteen (15) calendar days after receiving the
final
order of disciplinary
action, by filing a written notice of appeal with the Director of Labor
Relations. The notice
of appeal shall contain the name and address of the person to
whom all written
communication regarding this appeal shall be sent.
b. The
Director of Labor Relations shall promptly provide the appointing
authority with a copy
of the employee's notice of appeal.
c. An
employee for whom a notice of appeal is filed as provided herein shall
be entitled to a
hearing, as provided in this article.
d. An
appeal of a disciplinary action is a complaint of a permanent employee
with permanent civil
service status regarding whether there was good cause for the
disciplinary action
taken against that employee.
e. If
the Union fails to file a notice of appeal within the time specified in
Subsection a. of this
section, the disciplinary action shall become final without further
action.
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14.9 MEDIATION OF A DISCIPLINARY ACTION
a. Prior
to the arbitration hearing the Union may request mediation. Mediation
shall take place on
the first and third Tuesday of each calendar month. Subsequent days
for mediation will be
scheduled, if necessary. The parties agree to mutually select a
panel of mediators.
If the parties are unable to select a panel of mediators, they shall
utilize the State
Mediation and Conciliation Service.
b. Under
no case shall the adjustment of resolution of the discipline at this
level exceed forty
(40) working days from the date of their appeal, unless extended by
mutual agreement of
the parties.
c. Mediators
who have been selected by the parties to mediate disputes will
be scheduled on a
rotating and available basis.
d. The
parties agree to meet annually in May to review the mediators listed
above. The list of
mediators for the subsequent year shall be mutually agreed upon, but
should the parties be
unable to agree on a new list, the previous list will continue until
such time as a new
list is agreed to, or the State Mediation and Conciliation Services are
utilized.
e. All
costs of the mediator, if any, shall be borne equally by the parties. No
party shall purposely
withhold information at this level but shall disclose all information
relevant to the
appeal for consideration by the other party.
f. The
mediation procedure shall be entirely informal in nature. However,
copies of exhibits
upon which either party bases its case shall be shared with the other
party. The relevant
facts should be elicited in a narrative fashion to the extent possible,
rather than through
examination and cross-examination of witnesses. The rules of
evidence will not
apply and no record of the proceedings will be made. All persons
involved in the
events giving rise to the appeal should be encouraged to participate fully
in the proceedings,
both by stating their views and by asking questions of the other
participants at the
mediation hearing.
g. The
primary effort of the mediator shall be to assist the parties in settling
the stated appeal in
a mutually satisfactory fashion. In attempting to achieve a
settlement, the mediator
is free to use all the techniques customarily associated with the
mediation process,
including private conferences with only one (1) party. If settlement is
not possible, the
mediator shall provide the parties with an immediate bench opinion, as
to how the appeal
would be decided if it went to arbitration. That opinion would not be
final or binding, but
would be advisory. It would be delivered orally and would be
accompanied by a
statement of the reasons for the mediator’s opinion. The advisory
opinion may be used
as the basis for further settlement discussions or for withdrawal or
granting of the
appeal. If the appeal is not settled, granted or withdrawn, the parties are
free to arbitrate. If
they do, the mediator shall not serve as arbitrator, and no offers or
concessions made by
the parties or the mediator during mediation can be used against a
party during
arbitration.
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h. Neither
attorneys nor court reporters or any other type of note-taker shall be
allowed to be present
at the proceedings.
i. If the parties agree to be bound by a
mediator’s recommendation, the
subsequent agreement
shall be reduced to writing and signed by the parties.
j. If
the issue is not resolved during mediation, and in accordance with
established
timeliness the appeal shall move to arbitration.
14.10 ASSIGNMENT OF AN ARBITRATOR
a. The
parties to the hearing and to the selection of the arbitrator shall be the
employee, who may be
represented by the Union or independent counsel, and the
County.
b. In
the event the parties are unable to agree on the selection of an arbitrator,
the arbitrator shall
be selected from the following list.
Thomas Angelo
Bonnie Bogue
Boren Chertkov
Alexander Cohn
Kathleen Kelly
This list may be
modified by mutual agreement of the parties.
14.11 AMENDED OR SUPPLEMENTAL ORDER
At any time after a hearing has
commenced on a disciplinary action and prior to
the time the appeal
is submitted for decision, the appointing authority may, with the
consent of the
arbitrator, serve on the employee and file with the Director of Labor
Relations an amended
or supplemental order of disciplinary action. Consent is not
required for an
amended or supplemental order filed prior to commencement of the
hearing. If the
amended or supplemental order presents new causes or allegations, the
employee shall be
afforded a reasonable opportunity to prepare a defense thereto. Any
new causes or
allegations shall be deemed denied and any objections to the amended or
supplemental causes
or allegations may be made orally at the hearing.
14.12
DISCOVERY
a. Permissible
Discovery: Pursuant to the procedure set forth in Subsection c.
below, any party to
the arbitration hearing may obtain the following information in the
hands of or which may
reasonably be obtained by the responding party or the responding
party's
representative (As used herein, "responding party" shall mean the
person of
whom the information
is requested.):
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(1)
Those allegations in the order of
disciplinary action which are
admitted by the employee and those
allegations in the order of
disciplinary action which are denied by
the employee.
(2)
The name, address and telephone number
of each witness whom
the responding party intends to call to
testify at the hearing.
(3)
Copies of statements by any person whom
the responding party
intends to call as a witness.
(4)
All writing relevant to the issues
involved in the appeal including, but
not limited to, reports of mental,
physical and blood examinations
which the responding
party intends to introduce into evidence.
"Writing"
as used herein shall have the meaning defined in Evidence
Code Section 250
which states: "Writing" means handwriting,
typewriting,
printing, photostating, photographing, and every
other
means of recording
upon any tangible thing any form of
communication or
representation, including letters, words, pictures,
sounds or symbols, or
combinations thereof.
(5)
A statement specifically defining the
issues in dispute.
(6)
The foregoing does not apply to witnesses
or exhibits used for
impeachment or rebuttal.
b. Confidential
or Privileged Matter: If the responding party determines that
the writing or other
material requested is confidential or privileged, the response to the
discovery request shall
specifically so state, and shall set forth in detail the grounds upon
which confidentiality or
privilege is claimed. If the requesting party disputes the claim of
privilege or
confidentiality, the arbitrator shall resolve the claim. In resolving the
claim,
the arbitrator may order
that the writing or other material be deposited with the arbitrator
in a sealed container. In
ruling on such claims, the arbitrator may grant or deny the claim
of confidentiality or
privilege in whole or in part. The arbitrator shall have no authority to
resolve any claim
concerning material which by statute may only be released by court
order. If the arbitrator
determines that the material is confidential, but limited disclosure is
necessary, the arbitrator
may impose conditions upon the use or disclosure of the item by
the requesting party. If
the arbitrator determines that the material requested is subject to
an evidentiary privilege,
the decision regarding disclosure of the matter shall be strictly
governed by the provisions
of the Evidence Code.
c. Procedure
for Discovery:
(1) Personal Service: At any time after the hearing date has
been set
for an appeal, but in
no event later than thirty (30) calendar days
before the date set
for such hearing, any party may personally serve
a written request
upon the responding party, or representative of
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record, for any or
all of the information set forth in Subsection (a)
above.
(2) Service by Mail: At any time after the hearing date has been
set for
an
appeal, but in no event later than thirty-five (35) calendar days
before
the date set for such hearing, any party may serve, by firstclass
mail,
a written request upon the responding party, or
representative
of record, for any or all of the information set forth in
Subsection
a. above. The effective date of service shall be the date
of
the postmark.
(3) Response: Within twenty (20) calendar days of receiving the
request
mentioned
in (1) and (2) above, the responding party shall prepare
and
serve a response to the request. Such response shall be served
upon
the requesting party, or representative of record, by the same
means
as service of the request was made.
(4) Request to be Deemed Continuing Request: The discovery
request
is
a continuing request, which requires a continuous response.
Where
new or additional information becomes available to the
responding
party, such information shall forthwith be furnished to the
requesting
party, or representative of record.
(5) Negative Response: In the event the responding party does
not have
an
item of the information requested, the responding party shall give
a
written negative response as to that particular item within the time
specified
for response, but shall respond fully as to the information
which
the responding party does possess. The responding party
shall
comply with (4) above after such negative response.
(6) Disputes: Any dispute between parties regarding discovery
shall be
resolved by the
arbitrator.
(7) Penalties for Failure to Comply: The arbitrator shall impose
penalties
for failure to comply with this subsection. These penalties
shall
be based upon the seriousness of the failure to comply, the
good
or bad faith of the non-complying party, and the extent to which
the
non-compliance results in surprise to the requesting party and
handicaps
the requesting party in preparing the case. The following
penalties
may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation,
the arbitrator shall
determine the
issue against the noncomplying party.
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14.13 TIMING AND CONDUCT OF HEARING
a. The
arbitration hearing shall be held at the earliest administratively
convenient date,
taking into consideration the availability of the arbitrator and the
availability of
counsel and witnesses. The arbitration hearing may be a private or public
hearing as determined
by the employee.
b. The
employee shall be represented by the Union, and counsel chosen by
the Union.
c. The
employee shall be entitled to appear personally at the hearing and
produce evidence.
d. The
appointing authority may also be represented by counsel.
e. At
the hearing, the appointing authority shall have the burden of going
forward first with evidence
in support of the allegations contained in the order of
disciplinary action
and shall have the burden of establishing the facts by a preponderance
of the evidence. The
arbitrator may administer oaths and take official notice of facts as
authorized by law.
f. Oral
evidence shall be taken only on oath or affirmation.
g. A
court reporter shall take a transcript of the hearing.
h. The
arbitrator may consider the records or any relevant prior disciplinary
actions against the
employee which are final, and any records contained in the
employee's personnel
files if such records were introduced at the arbitration hearing.
i. Each Party Shall Have These Rights: To
call and examine witnesses; to
introduce exhibits;
to cross-examine opposing witnesses on any matter relevant to the
issues even though
that matter was not covered in the direct examination; to impeach
any witness; and to
rebut evidence. The appellant may be called and examined as if
under
cross-examination.
j. The
hearing need not be conducted according to technical rules relating to
evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence on which
responsible persons are accustomed to rely in the conduct of serious
affairs, regardless
of the existence of any common law or statutory rule which might
make improper the
admission of such evidence over objection in civil actions. Hearsay
evidence may be used
for the purpose of supplementing or explaining other evidence,
but shall not be
sufficient in itself to support a finding unless it would be admissible over
objection in civil
actions. The rules of privilege shall be effective to the extent that they
are otherwise
required by statute to be recognized at the hearing, and irrelevant and
unduly repetitious
evidence shall be excluded.
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14.14 SUBPOENAS
Before the hearing has commenced, or
during the hearing, the arbitrator shall
have the power to
issue subpoenas in accordance with Section 1282.6 of the Code of
Civil Procedure.
14.15 DECISION
a. Following
the hearing, the arbitrator shall promptly prepare and submit to
the parties to the
hearing a decision in the case. The decision shall contain and be
limited to specific
factual findings relating to the facts alleged in the disciplinary order and
any facts asserted by
the appellant for purposes of defense or mitigation; a determination
of legal issues, if
any; a determination of whether the facts found constitute good cause
for discipline; and
an order that affirms, modifies or sets aside the order of disciplinary
action imposed by the
appointing authority.
b. If
good cause for discipline is found, the arbitrator shall not modify the
action imposed by the
appointing authority unless the arbitrator determines that the
discipline imposed by
the appointing authority constitutes an abuse of discretion.
14.16 FINALITY OF DECISION
The decision of the arbitrator shall
be final and binding.
14.17 COSTS
The fees and expenses of the
arbitrator, the court reporter, and the transcript, if
any, shall be shared
equally by the Union and the County.
14.18 WITNESSES
The County agrees that employees shall
not suffer loss of compensation for time
spent as a witness at
an arbitration hearing held pursuant to this article. The employee
and the Union agree
that the number of witnesses requested to attend and their
scheduling shall be
reasonable.
ARTICLE XV
TERM
15.1 TERM
a. The
provisions of this Agreement shall be effective on July 1, 2006, except
as otherwise
specifically provided.
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b. This
Agreement shall remain in full force and effect from July 1, 2006, to
and including June
30, 2011.
DATED:
____________________
TEAMSTERS, LOCAL 228 COUNTY OF
SACRAMENTO
______________________________
______________________________
Steve Booth Steve
Lakich
Chief Negotiator Director
of Labor Relations
EXHIBIT “C”
County of Sacramento
General Supervisory Unit
Overtime Code
CLASS OVERTIME
CODE CLASS
TITLE CODE
27610
ACCOUNTING TECHNICIAN
68
27596
ASSESSMENT
SUPERVISOR 68
27565
AUTOMOTVE
MAINTENANCE SUPERVISOR 68
27631
BUILDING
CONSTRUCTION SUPERVISOR 64
27789
CHIEF STOREKEEPER
RANGE A 68
27790
CHIEF STOREKEEPER
RANGE B 68
27783
CLERICAL SUPERVISOR
1 68
27786
CLERICAL SUPERVISOR
2 68
28323
COLLECTION SERVICES
SUPERVISOR 68
27850
DATA ENTRY
SUPERVISOR 68
27951
ELECTION SUPERVISOR 68
27940
EQUIPMENT
MAINTENANCE SUPERVISOR 68
27947
ESTATE PROPERTY
OFFICER 68
29157
FIRE OPERATIONS
SUPERVISOR (24) 68
29161
FIRE OPERATIONS
SUPERVISOR (40) 68
28029
GENERAL SERVICE
SUPERVISOR 2 64
28027
GOLF COURSE
SUPERINTENDENT 64
28046
HIGHWAY MAINTENANCE
SUPERVISOR 1 68
28048
HIGHWAY MAINTENANCE
SUPERVISOR 2 68
28373
INFORMATION
TECHNOLOGY SUPERVISOR 64
28157
MECHANICAL
MAINTENANCE SUPERVISOR 68
28162
MEDICAL RECORDS
SUPERVISOR 64
28199
NATURAL RESOURCE
SUPERVISOR 64
28273
PARK INTERPRETIVE
SUPERVISOR 64
28284
PARK MAINTENANCE
SUPERVISOR 64
28297
PARK RANGER 2 (LPO) 64
28278
PARKING LOT
SUPERVISOR 68
28330
REAL ESTATE
SUPERVISOR 64
28346
RECREATION
SUPERVISOR 64
28352
RECREATION
SUPERVISOR THERAPY 64
27609
SENIOR AUTOMOTIVE
SERVICE WORKER 68
27936
SENIOR EQUIPMENT
MECHANIC 68
28374
SENIOR STATIONARY
ENGINEER 68
28370
SHERIFF’S
CORRECTIONAL FACILITIES REC SUPERVISOR 68
28469
STOREKEEPER 2 68
27530
SUPERVISING AUDITOR
APPRAISER 64
27635
SUPERVISING BUILDING
INSPECTOR 64
27701
SUPERVISING
CADASTRAL DRAFTING TECHNICIAN 68
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EXHIBIT “C”
County of Sacramento
General Supervisory Unit
Overtime Code
CLASS OVERTIME
CODE CLASS
TITLE CODE
27746 SUPERVISING
COMMUNICATIONS/OPERATIONS DISPATCHER 63
27749 SUPERVISING CONSTRUCTION
INSPECTOR 64
27804 SUPERVISING CUSTODIAN 1 68
27806 SUPERVISING CUSTODIAN 2 68
27874 SUPERVISING DEPUTY PUBLIC
GUARDIAN/CONSERVATOR 68
27859 SUPERVISING DIETITIAN 64
27959 SUPERVISING ENGINEERING
TECHNICIAN 68
28038 SUPERVISING HELICOPTER
MECHANIC 68
28079 SUPERVISING INDUSTRIAL
WASTE INSPECTOR 64
28108 SUPERVISING LEGAL
SECRETARY 68
28301 SUPERVISING PROCESS SERVER
68
28255 SUPERVISING PUBLIC HEALTH
MICROBIOLOGIST 64
28354 SUPERVISING RADIOLOGIC
TECHNICIAN 68
28341 SUPERVISING REAL PROPERTY
APPRAISER 64
28358 SUPERVISING SCALE
ATTENDANT 68
28500 SUPERVISING THERAPIST-PHC 64
28533 SUPERVISING UTILITIES
BILLING SERVICES REPRESENTATIVE 68
28137 SUPERVISOR MAP CHECKING 68
28246 SUPERVISOR PERMITS &
FEES 68
28508 TELECOMMUNICATIONS
SUPERVISOR 68
28517 TRAFFIC SIGNALS AND
LIGHTING SUPERVISOR 68
28525 TRAFFIC SIGNS SUPERVISOR 68
28511 TREE SUPERVISOR 1 68
28513 TREE SUPERVISOR 2 68
28536 UNDERGROUND CONSTRUCTION
& MAINTENANCE SUPV 68
28559 WASTE MANAGEMENT
OPERATIONS SUPERVISOR 68
28565 WATER QUALITY CONTROL
SYSTEM SUPERVISOR 64
28569 WATER QUALITY LABORATORY
SUPERVISOR 64
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