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Sacramento County General Supervisory Unit Contract
Updated On: Mar 25, 2009

AGREEMENT

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

 

 

 

 

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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

 

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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

 

 

 

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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

 

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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.

 

 

 

 

 

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                    (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.

 

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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:

 

 

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          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).

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          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

 

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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:

 

 

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                    (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.

 

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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.

- 12 -

          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.

 

 

 

 

- 13 -

 

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,

- 14 -

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.

- 15 -

          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.

- 16 -

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.

- 17 -

                    (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.

 

 

- 19 -

                           (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.

 

- 21 -

                    (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.

- 23 -

          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 “5unless 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.

- 34 -

                    (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

 

- 40 -

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

 

- 41 -

(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.

- 42 -

          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

- 43 -

                           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.

- 53 -

                    (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.

- 59 -

          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

 

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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.

 

 

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                    (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.