memo um of understanding - seiu 521 · 10/25/2004 · shop stewards does so with the purpose of...
TRANSCRIPT
SERVICE EMPLOYEESINTERNATIONAL UNION CTW-CLC
LOCAL 521
MEMO UM OF UNDERSTANDINGBa ' ' Unit 3~~
(MENTAL HEALTH PROFESSIONALS& SOCIAL WORKERS)
October 25, 2004 -October 30, 2011
THE COUNTY OF FRESNO
ARTICLE PAGE
37 ADMINISTRATIVE HEARINGS ................................................................................195 AGENCY SHOP .........................................................................................................117 ANNUAL LEAVE ........................................................................................................751 ANNUAL LEAVE MANDATORY USAGE-EMPLOYEES ON UNPAID LEAVES......2569 APPLICATIONS AND FORMS .................................................................................3264 BENCHMARK CLASSIFICATION SALARY SURVEY .............................................3036 BEREAVEMENT LEAVE ..........................................................................................1933 BILINGUAL SKILL PAY ............................................................................................1710 BULLETIN BOARDS ..................................................................................................531 CALL-BACK PAY .....................................................................................................1572 CHILD CARE FACILITY ...........................................................................................3248 CHILD PROTECTIVE SERVICES ASSIGNMENT DIFFERENTIAL .........................2550 CLASS SPECIFICATIONS .......................................................................................2540 COMPUTER PROGRAMMING MODIFICATIONS ...................................................2042 CONTINUITY OF OPERATIONS .............................................................................2227 COURT APPEARANCES .........................................................................................1221 DAMAGE TO PERSONAL PROPERTY OF EMPLOYEE ........................................1047 DIFFERENTIALS ......................................................................................................2445 DIRECT DEPOSIT OF PAYROLL CHECKS ............................................................2313 DISCIPLINARY ACTION ............................................................................................670 EMPLOYEE ASSISTANCE PROGRAM ...................................................................3214 EMPLOYEE BENEFITS .............................................................................................677 EMPLOYEE PERFORMANCE EVALUATIONS .......................................................3343 EVALUATION OF EMPLOYEES ..............................................................................2353 FLEXIBLE SPENDING ACCOUNT ...................................:......................................2638 FLEXIBLE WORK SCHEDULES ..............................................................................1961 FULL UNDERSTANDING ........................................................................................2971 HEPATITIS VACCINATIONS ...................................................................................3219 HOLIDAYS .................................................................................................................81 INTRODUCTION ........................................................................................................1
20 JOB SECURITY .........................................................................................................958 LEAD WORKER ALLOWANCE ...............................................................................2818 LEAVE OF ABSENCE ................................................................................................815 LIFE AND DISABILITY INSURANCE .........................................................................641 MANAGEMENT RIGHTS .........................................................................................2132 MANDATORY CONTINUING EDUCATION .............................................................1667 MEET AND CONFER REQUIREMENTS .................................................................3211 MEETING SPACE ......................................................................................................534 MEMORANDUM OF UNDERSTANDING-PRINTING AND DISTRIBUTING ...........1876 MOU NEGOTIATIONS .............................................................................................3378 MOU REOPENERS ..................................................................................................3456 NEW EMPLOYEE ORIENTATION ...........................................................................2749 NEW WORKSITES ..................................................................................................254 NON-DISCRIMINATORY POLICY .............................................................................1
ARTICLE PAGE
68 NOTICE OF PROMOTIONAL OPPORTUNITIES ....................................................3246 ON-THE-JOB INJURIES/HEALTH PLAN PREMIUMS .............................................2323 OPTIONAL USE OF COUNTY-OWNED VEHICLE ..................................................1129 OVERTIME (INCLUDES COMPENSATORY TIME OFF PROVISIONS) .................1325 PARKING .................................................................................................................1216 PART-TIME EMPLOYEE BENEFITS .........................................................................624 PRIVATE VEHICLE USAGE ....................................................................................112 PURPOSE ..................................................................................................................157 QUARTERLY UNION/MANAGEMENT MEETINGS .................................................283 RECOGNITION ..........................................................................................................16 RELEASE TIME .........................................................................................................326 REPRESENTATION IN COURT ..............................................................................127 REPRESENTATIVE ACCESS ...................................................................................375 REST PERIODS .......................................................................................................3335 SABBATICAL LEAVE ...............................................................................................1812 SAFETY AND HEALTH ..............................................................................................59 SALARIES ..................................................................................................................552 SAVINGS CLAUSE ..................................................................................................2660 SETTLEMENT AGREEMENT ..................................................................................2828 SHIFT DIFFERENTIAL .............................................................................................138 SHOP STEWARDS ....................................................................................................380 SIXTH STEP ADDED ...............................................................................................3522 SPECIAL SALARY UPGRADING .............................................................................1130 STANDBY PAY (ON CALL) ......................................................................................1559 SUPERVISORY DUTIES ALLOWANCE ..................................................................2879 TERM AND SALARY ADJUSTMENT .......................................................................3455 TWO-TIER RETIREMENT MANDATORY ...............................................................2754 TWO-TIER RETIREMENT VOLUNTARY ................................................................2662 UNINTERRUPTED PROCESS TIME (UPT) ............................................................2963 UNINTERRUPTED PROCESS TIME (UPT) -METRO DIVISION ...........................3066 UNION LABEL ..........................................................................................................3173 USE OF COUNTY MAIL SYSTEM .....................................•---..................................3374 USE OF PERSONAL VEHICLES .............................................................................3344 VOLUNTARY "JOB-SHARING" PROGRAMS ..........................................................2365 WEINGARTEN RIGHTS ..........................................................................................3139 WORK HOUR OPTIONS .........................................................................................20
ADDENDA/ATTACHMENTS
ADDENDUM NO. 1 -SALARIESADDENDUM - PUBLIC SERVICE RETIREMENT CREDITADDENDUM — EXTENSION OF PAID MILITARY LEAVEADDENDUM — ACCESS — FRESNO COUNTY PLAZA LOBBYADDENDUM NO. 7 —SHIFT DIFFERENTIALADDENDUM - EMPLOYEE GRIEVANCE RESOLUTION PROCEDUREADDENDUM — CALIFORNIA GOVERNMENT CODE, SECTION 3500-3511 (The Meyers-Milias-Brown Act)ADDENDUM — DISCIPLINARY ARBITRATIONADDENDUM — COUNTY POLLWORKER PROGRAMADDENDUM — HEALTH BENEFIT AGREEMENT — 2006
ARTICLE 1 -- INTRODUCTION
We, the Undersigned, duly appointed representative of the County of Fresno, hereinafterreferred to as "County" and the Service Employees International Union, Local 535, hereinafterreferred to as "Union" having met and conferred in good faith, do hereby jointly prepare andexecute the following written Memorandum of Understanding (MOU) for Representation Unit 3(Unit).
ARTICLE 2 -- PURPOSE
It is the purpose of the MOU to promote and provide for harmonious relations, cooperation,and understanding between management and the employees covered herein and to providean orderly and equitable means of resolving any misunderstandings or differences which mayarise under this MOU.
ARTICLE 3 -- RECOGNITION
Pursuant to the provisions of the Fresno County Employee Relations Ordinance, thecertification of the Fresno County Civil Service Commission, and appropriate state law, theCounty hereby recognizes the Union as the exclusive representative of all employees whoseclassifications have been certified for inclusion by the Fresno County Civil ServiceCommission in the Unit covered by this MOU, as well as such classifications as may be addedto such Unit hereafter by the Civil Service Commission or the Board of Supervisors.
ARTICLE 4 -- NON-DISCRIMINATORY POLICY
It is agreed that neither the Union nor the County shall unlawfully discriminate against anyemployee because of age, marital status, national origin, race, religion, sex, or lawful Unionmembership or activity or because of the lack of Union membership or activity.
ARTICLE 5 -- AGENCY SHOP
Agency Shop
Employees covered by this Memorandum of Understanding (MOU) shall, as a condition ofcontinuing employment, become and remain members of Service Employees InternationalUnion Local 535 (SEIU -Local 535) or shall pay to the Union a service fee in lieu ofmembership dues. Such dues or service fee are as set in accordance with the bylaws of theUnion.
Implementation of Agency Shop for Employees as of June 18, 2003
The County has provided employees of the County as of June 18, 2003, who occupied aposition subject to this MOU, a Notice of Agency Shop Provision advising the employee thatan election has resulted in an Agency Shop arrangement requiring that all employees inpositions subject to this MOU must either join the Union or pay a service fee in lieu ofmembership dues to the Union unless the employee claims a religious exemption asdescribed in paragraph 5.4 below. It is agreed that such employees shall have until August15, 2003 to fully execute the notice of Agency Shop Provision and return it to the County. In
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the event any such employee fails to properly complete and return the notice of Agency ShopProvision, the County shall deduct the service fee established by the Union for the pay periodof August 18, 2003 (current dues paying members will remain as dues paying members).Union membership may only be withdrawn the full month prior to the month in which thisAgreement expires.
Implementation of Agencv Shop for Employees Hired into Unit 3 After June 18, 2003
Any employee hired by the County in a position subject to this MOU shall be provided, by theCounty, with a Notice of Agency Shop Provision Form during their first pay period ofemployment (e.g. New Employee Orientation) advising the employee of the Agency Shopagreement with the Union and of the requirement that all employees subject to the MOU musteither join the Union or pay a service fee in lieu of membership dues to the Union unless theemployee claims a religious exemption as described in paragraph 5.4 below. The Countyshall automatically deduct the service fee established by the Union the first pay periodfollowing the date of hire, unless the employee has provided a dues deduction form electingmembership in the Union, or the employee has provided verification of the religiousexemption, as described in paragraph 5.4 below. If the employee has not properly completedthe authorization form of his/her choice and returned said form to the County within 30 days ofthe date of hire, the County shall continue to automatically deduct the service fee andthereafter until such time as the notice of Agency Shop Provision is properly completed andreturned to the County. Union membership may only be withdrawn the full month prior to themonth in which this Agreement expires.
Religious Exemption
Any employee of the County subject to this MOU who wishes to request religious exemption,consistent with State and Federal law, must file such request with the Union. In addition, theemployee will continue to have the deduction of an amount, equal to the monthly fair shareservice fee, to be paid to anon-religious, non-labor charitable fund selected as described inthe paragraph below. The Religious Exemption Form is available from the Union only.
For purposes of this section, charitable deduction means a contribution to any other non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) ofthe Internal Revenue Code of the employee's choice.
Financial Reports
SEIU —Local 535 shall submit copies of the financial report required pursuant to the Labor-Management Disclosure Act of 1959 to the Department of Personnel Services, LaborRelations Division once annually. Copies of such reports shall be available to employeessubject to the Agency Shop requirement of this MOU at the Union Office.
Payroll Deductions and Dues/Fees Remittance
The County shall deduct from the pay of each employee in a position subject to this MOUUnion dues or an amount equal to the service fee or other fees and insurance premiumsestablished by the Union or religious exemption fee, and shall mail all said deductions to theUnion no later than the end of the month after which said amounts were deducted.
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Indemnification
SEIU —Local 535 shall indemnify, defend and hold the County, its officers, agents andemployees harmless from and against any and all claims, demands, losses, defense costs, orliability of any kind or nature which may be imposed upon them relating to the County'scompliance with the agency fee obligation including claims relating to the Union's use of themonies collected under these provisions.
Waiver of Election for Newly Represented Employees and New Representation Units
The addition of classifications and/or employees to the bargaining unit in this MOU shall notrequire an election herein for the application of this agency shop provision to suchclassification and/or employees.
ARTICLE 6 -- RELEASE TIME
When the Union wishes to be represented by a County employee, rather than anon-employeerepresentative, at meetings within the scope of representation which affect the representationUnion, that employee: will have release time with prior department head approval forpresentations to County Boards, Committees, and Commissions; will have release time asapproved for meeting with management at the departmental and County-wide level. The UnionField Representative will submit a written request to the department head at least twenty-four (24)hours prior to the scheduled meeting unless waived by mutual agreement. Reasonable time offwill be approved if it does not interfere with the performance of County services as determined bythe department head.
ARTICLE 7 -- REPRESENTATIVE ACCESS
Authorized Union representatives will be granted access to work locations with the approval ofthe appropriate management representative for the purpose of conducting grievanceinvestigations and observing working conditions.
ARTICLE 8 -- SHOP STEWARDS
Purpose
The County recognizes the need and affirms the right of the Union to designate ShopStewards from among employees in the Unit. It is agreed that the Union in appointing suchShop Stewards does so with the purpose of promoting an effective relationship betweensupervisors and employees by helping to settle problems at the lowest level of supervision.
Role of Steward and Supervisor (Out-of-Unit
The Shop Steward recognizes the fact that the out-of-unit supervisor is the representative inthe department and, as such, is responsible to higher management for the quality of the work.As the out-of-unit supervisor is the representative for management, the Shop Steward is therepresentative for the Union. They must be willing to meet in good faith to settle grievances asthey arise. The Shop Steward understands that the Stewardship function does not relieve
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them from conforming to all rules of conduct and standard of performance established by law,regulation, County or department policy or this MOU.
Selection of Stewards
The Union shall reserve the right to designate the method of selection of the Shop Stewards.The Union shall provide, in writing, a list of all Shop Stewards and Unit Officers to the LaborRelations Manager and the appropriate department heads) in February of each year. Further,the Union shall notify the Labor Relations Manager and the appropriate department heads)each time there is a change of either Stewards or Unit Officers.
The County agrees the number of Shop Stewards for the Unit shall be a total of fifteen (15)Stewards, two (2) of which will be Chief Stewards.
If a Steward promotes, demotes, or otherwise leaves the work location, the Union shall havethe right to appoint a replacement.
Duties and Responsibilities of Stewards
The following functions are understood to constitute the duties and responsibilities of ShopStewards:
Upon request of the aggrieved employee, and when the grievance has been reduced to writingas specified in the grievance procedure, a Steward may investigate the grievance provided it isin the Steward's area of responsibility, as assigned by the Union, and assist in its presentation.Stewards shall be allowed a reasonable time for this purpose during their work shift withoutloss of pay, subject to prior notification and approval by their out-of-unit supervisor.Grievances will be handled by one (1) Steward, but the Union may assign not more than two(2) Stewards.
After obtaining out-of-unit supervisory permission, Shop Stewards will be permitted to leavetheir normal work area during on-duty time in order to assist in presentation of a grievance. Toobtain permission to investigate a grievance on on-duty time, the Steward shall advise the out-of-unit supervisor of the general nature of the grievance. The Shop Steward is permitted todiscuss the problem with all employees immediately concerned and if appropriate, to attemptto achieve settlement with the appropriate management representative involved. Agencies,wards, clients, detainees, and outside interested parties will not be contacted by Stewards aspart of the grievance process.
If, in the judgment of the out-of-unit supervisor because of the necessity of maintainingadequate level of service, permission cannot be granted immediately to the Shop Steward inorder to present or investigate a grievance during on-duty time, such permission shall begranted by the out-of-unit supervisor no later than the next working day from the date the ShopSteward was denied permission.
Shop Stewards may utilize the County E-mail system pursuant to his/her duties andresponsibilities as defined by this MOU.
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Limitations on Time Off
Stewards shall not be permitted time away from their work assignments for the purpose ofconducting general Union business, consistent with the Employee Relations Ordinance.
ARTICLE 9 -- SALARIES
Salaries for all classifications covered by this Unit shall be as specified on Addendum No. 1.
ARTICLE 10 -- BULLETIN BOARDS
County shall provide space for and permit the installation of Union bulletin boards (or providereasonable space on County bulletin boards) for official Union notices at each central worklocation. Such bulletin boards shall be maintained in accord with provisions of the CountyEmployee Relations Ordinance.
No such bulletin boards shall be located in areas frequented by the public doing business withthe County as determined by the County.
ARTICLE 11 -- MEETING SPACE
The County shall reasonably make available conference rooms and other meeting areas forthe purpose of holding Union meetings during off-duty time periods. The Union shall providetimely advance notice of such meetings. The Union also agrees to pay any additional costs ofsecurity, supervision, damage and cleanup, and shall comply with County regulations forassignment and use of such facilities.
ARTICLE 12 -- SAFETY AND HEALTH
Pursuant to Senate Bill 198, California Code Sections 10.6401.7, and Fresno CountyManagement Directive 1600, departments will maintain an effective injury and illnessprevention program relative to the departments' individual division/unit operations. It is theduty of management to make reasonable efforts to provide and maintain a safe and healthyplace of employment. The Union will cooperate by encouraging all employees to perform theirwork in a safe manner. It is the duty of all employees in the course of performing theirregularly assigned duties to be alert to unsafe and/or unhealthy practices, equipment, andconditions and to report any such unsafe and/or unhealthy practices or conditions to theirimmediate supervisor.
To further clarify management's and employee's commitment to providing and maintaining asafe and healthy work place, active participation in existing departmental worksite safety andsafety training committees is encouraged and familiarity with existing policies and proceduresis required. The Union is also encouraged to submit its viewpoints on safety and safetytraining issues to the appropriate department safety coordinator for consideration by theappropriate committee. Each worksite committee will include one (1) Union member who shallbe a department employee.
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Annual training may be provided to employees on personal safety, management of clients'assaultive behavior, and reduction of employees' stress, only if such training can be providedat no cost to the county.
ARTICLE 13 -- DISCIPLINARY ACTION
Employees facing disciplinary action as defined by the Fresno County Personnel Rulesimplementing either disciplinary suspension, administrative salary reduction, disciplinarydemotion or dismissal-may elect to be accompanied by a representative of their choosing atany administrative proceeding, conducted prior to the imposition of such discipline.
Appeals to any disciplinary action so imposed will be governed by applicable provisions of saidPersonnel Rules. Disciplinary action other than those defined above shall not be governed bythe provisions of this section.
ARTICLE 14 -- EMPLOYEE BENEFITS
The parties agree that employees covered by this MOU shall have made available to them thesame holidays, vacation, sick leave, health insurance, life insurance, dental insurance,bereavement leave, unemployment insurance, disability insurance, mileage reimbursement,and miscellaneous member retirement as are generally provided to the majority of otherbargaining Units.
ARTICLE 15 -- LIFE AND DISABILITY INSURANCE
The County agrees to offer term life insurance at the option of individual employees. Suchinsurance will be paid for by the employee opting to receive this insurance and shall be subjectto provisions as established by the County and the insurance carrier.
Employees of this Unit shall participate in the State Disability Insurance Program effective assoon as practicable. Such insurance shall be paid for by the employee and shall be subject toprovisions as established by the County and the State of California.
SEIU —Local 535 reserves the right to continue the current CIGNA disability plan for a periodnot to exceed six months after the established effective date of the State Disability InsuranceProgram.
ARTICLE 16 -- PART-TIME EMPLOYEE BENEFITS
Incumbents of part-time permanently allocated positions shall continue to receive all currentlyprorated benefits provided by the County. In addition, the County shall pay one-half ('/2) of theCounty health insurance benefit contribution for each such part-time employee who regularlyworks fifty percent (50%) or more of the hours required of full-time employees. The Countyshall continue to pay the full County health insurance contribution for employees who regularlywork eighty percent (80%) or more of the hours required of full-time employees.
Health insurance coverage shall be optional for part-time employees who regularly work fiftypercent (50%) or more of the hours required of full-time employees. When such employeeoptions for health insurance coverage, the County shall pay one-half ('/Z) of the County health
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insurance premium contribution and the employee shall be required to pay any remainingpremium rate. Eligible part-time employees may also enroll dependents on the same basis asfull-time employees.
Part-time employees who regularly work less than fifty percent (50%) of the hours required offull-time employees shall not be eligible for health insurance coverage.
ARTICLE 17 -- ANNUAL LEAVE
All existing employees covered by this MOU currently in the Vacation and Sick Leave Plan(established December 14, 1998) shall have any existing balances converted to the AnnualLeave II Plan.
All existing employees covered by this MOU currently in the Vacation and Sick Leave Plan(established December 14, 1998) and the Annual Leave II Plan shall be subject to theprovisions of Salary Resolution Section 600 Annual Leave II with the following exceptions:
1. Employees will be allowed to accrue Annual Leave II to a maximum of 550 hours. Thereshall be no accrual of Annual Leave II beyond 550 hours. (Effective October 20, 2008,employees will be allowed to accrue Annual Leave II to a maximum of 600 hours. Thereshall be no accrual of Annual Leave II beyond 600 hours.)
2. At the point of conversion, employees with Annual Leave II or combined Vacation and SickLeave hours in excess of 120.00 hours will have the option to designate those hours inexcess of 120.00 to be transferred to the Time Off Bank (TOB) upon implementation of thisarticle. This designation will be a one-time only election and will be irrevocable uponexecution. TOB hours will have no cash value, but may be used at anytime for eithervacation or sick leave purposes.
3. Upon termination of County employment, any remaining TOB will be converted toretirement service credit.
4. Annual Leave II hours will be paid at 100% of the current hourly rate upon separation.
5. Salary Resolution Section 610.7 is no longer available for employees covered by this MOU(including employees currently in the New Annual Leave Plan).
6. All applicable sections of the Salary Resolution and MOUs will be modified to delete theVacation and Sick Leave Program references and any other sections determined to nolonger be applicable.
7. All employees hired after the conversion will be eligible for the Annual Leave II plan.
8. This conversion requires modifications to existing computer programs of the County,therefore, the conversion shall not become effective until the beginning of the payrollperiod following the completion of such modifications.
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9. Upon ratification of the Memorandum of Understanding by both parties, SEIU Local 535shall cause that certain lawsuit known as ANN BENNETT; GERALD A. GALLAGHER;THOMAS GATTIE; DOLORES MEDINA; SERVICE EMPLOYEES INTERNATIONALUNION, LOCAL 535, AFL-CIO, FRESNO DEPUTY SHERIFF'S ASSOCIATION, Plaintiffsand Petitioners, v. COUNTY OF FRESNO; BOARD OF SUPERVISORS, COUNTY OFFRESNO; GARY PETERSON, AUDITOR/CONTROLLER, COUNTY OF FRESNO;SUPERIOR COURT, COUNTY OF FRESNO, Defendants and Respondents, FresnoCounty Superior Court Case No. 01 CE CG 01042, to be dismissed with prejudice in itsentirety as to plaintiff Service Employees International Union, Local 535, AFL-CIO.
Employees who are eligible for UPT as defined by this MOU who have received a satisfactoryperformance evaluation, shall not be denied vacation time off based solely upon completion ofhis/her caseload. Consequently, approval of vacation time off shall not be conditioned on therequesting employee obtaining "caseload" coverage. This section shall not be grievable.
Counseling Memorandums and Written Reprimands based solely on completion of case loadsmust be reviewed and approved by the Department of Personnel Services prior to be servedupon the employee.
ARTICLE 18 -- LEAVE OF ABSENCE
The County agrees to approve one (1) week unpaid administrative leave to each employee inthe unit each calendar year at the request of the individual employee. Such leave may only betaken at a time during the year approved by the head of the department.
In accordance with the Fresno County Personnel Rules, employees may request through theestablished procedure a personal leave of absence.
ARTICLE 19 -- HOLIDAYSHolidays
The dates listed below which fall within the normal workweek of Monday through Fridayshall be considered paid holidays and shall be observed subject to provisions containedin the Salary Resolution:
1. January 1 (New Year's Day)2. Third Monday in January (Martin Luther King Jr.'s Birthday)3. Third Monday in February (Washington-Lincoln Day)4. March 31 (Cesar Chavez' Birthday)5. Last Monday in May (Memorial Day)6. July 4 (Independence Day)7. First Monday in September (Labor Day)8. November 11 (Veteran's Day)9. Fourth Thursday in November (Thanksgiving Day)10. Day following Thanksgiving11. December 25 (Christmas)12. Every Monday following a Sunday, which falls on January 1, March 31, July 4,November 11, or December 25
13. Every Friday when such Friday immediately precedes January 1, March 31, July 4,November 11, or December 25
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Holiday Pay Eligibility
Employees are eligible for holiday pay only if they are at work or on an approved annualor sick leave on their last assigned shift immediately before or after the holiday.Employees claiming annual leave for illness purposes or sick leave on their last assignedshift immediately before or after a County holiday as set forth in Section 900 of theFresno County Salary Resolution may be required to provide a statement from aCalifornia licensed physician setting forth the specifics which necessitated theemployee's absence for illness or injury purposes in order to be eligible for holiday pay.
Compensation for Time Worked on a Holiday
When employees in permanent positions in classifications eligible for overtime arerequired to work on a holiday as defined herein, the time so worked shall becompensated at the rate of two and one-half (2'/2) times the employee's base hourly rateof pay for the first eight (8) hours worked and at time and one-half (1'/2) the employee'sbase hourly rate of pay for all subsequent hours worked on the holiday. Holidaycompensation shall include all consecutive shift hours worked when a major portion(greater than 50%) of the shift is worked on the holiday. Holiday compensation shall belimited to a single consecutive shift worked on the holiday. Holiday compensation is notincluded as Fair Labor Standards Act (hereinafter FLSA) overtime in the FLSA workperiod. Therefore, holiday compensation can be received in cash or compensatory timeoff.
In lieu of the two and one-half (2°/2) time holiday compensation mentioned herein, anemployee may receive holiday credit (straight time) equal to the number of hours workedon a holiday up to eight (8) hours. In addition, the employee would receive compensationof time and one-half (1'/2) for all hours worked on a holiday.
Holidays -Part-time Employees
Employees occupying permanently allocated positions who work eighty percent (80%) ormore of a full-time position shall be credited with eight (8) hours of holiday pay;employees occupying permanently allocated positions who work less than eighty percent(80%) of a full-time position shall be credited with four (4) hours of holiday pay.
ARTICLE 20 -- JOB SECURITY
When advance knowledge of the impact of pending changes in function, organization oroperating is available which will result in the abolition of positions, or when there is any majorreassignment of functions from one department to another or to another agency, within thescope of the Personnel Rules, management will make an intensive effort to either reassign ortransfer affected employees to other positions in order to retain their services.
Management agrees that training programs will not be established for the purpose of deprivingqualified employees of higher earnings.
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Further, that in the event the County enters into any agreement with another public employeror private entity which involves the transfer of functions now being performed by employees inthis Representation Unit or the taw provides for the transfer of functions now being performedby employees in this Unit to another public or private agency, the County will advise suchpublic or private entity of the existence and terms of this MOU, and will immediately advise theUnion of such agreement or law. It is mutually understood and agreed that such notification issimply for informational purposes and shall in no way be construed as obligating the newemployer to recognize the Union as a bargaining agent for its employees; and that the intent ofthis notification is not to require that the new employer abide by terms of this MOU, but ratheras an assistance in apprising the new employer of working conditions which have been ineffect with the County.
The County will meet and confer with the Union regarding the impact of management'sdecision to contract out services where those services are being performed by currentincumbents of affected Unit classifications and where layoffs may be contemplated because ofthe decision to contract out services.
ARTICLE 21 -- DAMAGE TO PERSONAL PROPERTY OF EMPLOYEE
County may provide payment
Pursuant to Government Code Section 53240, the County may provide for the payment of thecosts of replacement or repair of property or prosthesis of an employee, such as eyeglasses,hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by theemployee, when such items are lost or damaged in the line of duty without fault of theemployee.
Eligibility
Damage to items being claimed must occur without fault of the employee and while theemployee is on official County business. All claims must be verified and approved by theemployee's department head. Where the department head approval is denied, the departmenthead shall provide written reasons) to the employee of record for denial. The departmenthead shall be required to refer the damaged property reimbursement claim to the Auditor-Controller/Treasurer-Tax Collector for review. The employee may submit the claim directly tothe Auditor-Controller/Treasurer-Tax Collector if the department head fails to refer the claimwithin the required thirty (30) day period.
Procedure
All claims for reimbursement must be submitted to the Auditor-Controller/Treasurer-TaxCollector's Office within thirty (30) days after damage was incurred.
All receipts, invoices, and estimates of repair or value must be attached to claim whensubmitted.
Estimates of value or repair must be made by a dealer or authorized repairperson of the itemsbeing claimed and not by the employee.
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If the items are damaged beyond repair, or if the cost of repair exceeds the estimated value,reimbursement shall be made on the value of the items at the time the damage occurred.
If a claim is under $300, the Auditor-Controller/Treasurer-Tax Collector will review it, determineif reimbursement should be made, and the amount of reimbursement. If the claim is $300 ormore, the Auditor-Controller/Treasurer-Tax Collector will review the claim and present it to theBoard of Supervisors together with a recommendation on the amount to be reimbursed, if any.The claimant will be notified of the time and date the matter will be presented to the Board ofSupervisors. This notification will include the Auditor-Controller/Treasurer-Tax Collector'srecommendation to the Board. Decisions of Board are final.
ARTICLE 22 -- SPECIAL SALARY UPGRADING
Special Salary Upgrades shall be governed by the Fresno County Salary Resolution, Section413.9, with the exception that Special Salary Upgrading shall start no later than the beginningof the second pay period.
Nothing in this section shall be construed as limiting Managements authority to maketemporary assignments for the purpose of vacation relief or meeting emergencies as declaredby the Board of Supervisors; however, emergency assignments shall not extend beyond aperiod of such emergencies.
ARTICLE 23 -- OPTIONAL USE OF COUNTY-OWNED VEHICLE
Employees in this Unit are entitled to use County vehicles for County business.
As specified in the County Administrative Code, any employee in the Unit using a privatelyowned automobile on County business may be required to use a County vehicle when themiles driven are consistently high.
ARTICLE 24 -- PRIVATE VEHICLE USAGE
Departments may authorize their department employees to use their private vehicle to travelon business for the County provided that each such employee shall have first complied withCounty automobile insurance requirements.
In order to be authorized travel by private vehicle, the employee must possess an appropriatevalid California driver's license and required insurance with limits of not less than$100,000/$300,000 public liability and $25,000 property damage, or a combined single limit of$300,000.
Any employee authorized to travel on business for the County and who has been dulyauthorized to use and does use a privately owned automobile shall be allowed and paid astraveling expenses for the actual miles traveled during any calendar month at the rateauthorized by the Internal Revenue Service (IRS). This rate shall become effective on thedate approved by the Board of Supervisors authorizing the IRS rate on a County-wide basis,but in no event sooner than when the IRS and County rates become equalized. After theinitial approval by the Board of Supervisors of the IRS rate, subsequent changes of the rate
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shall become effective on the pay period following the County's receipt of the published IRSrate. Until the Board approves the IRS rate, employees shall be reimbursed at the prevailingCounty reimbursement rate per mile, except that said rate shall be increased or decreased inaccordance with the private auto mileage reimbursement agreement, which became effectiveJuly 1, 1988.
ARTICLE 25 -- PARKING
The County shall continue to make every reasonable effort to provide parking for Countyemployees. Priority will be given to employees who are authorised fo use their own vehicle forCounty business.
ARTICLE 26 -- REPRESENTATION IN COURT
Subject to all appropriate provisions of California Government Code Sections, the County will,upon request of an employee or former employee, defend against any claim or action for aninjury arising out of an act or omission occurring within the scope of employment as anemployee of the County and will pay any judgment based thereon or any compromise orsettlement of the claim or action to which the County has agreed.
ARTICLE 27 -- COURT APPEARANCES
All employees shall receive full compensation as though they were performing their regularduties during such time as they are required to appear as a witness before any Grand Jury orin any court as:
1. A juror;
2. Witness in a criminal case;
3. Witness in a civil case for the purpose of giving testimony as to facts related to or theknowledge of which they have received in the course of their County employment;
4. A party to an action arising out of the course of County employment.
The employee shall claim any jury, witness, or other fee to which the employee may beentitled by reason of such appearance and forthwith pay the same over to the Auditor-Controller/Treasurer-Tax Collector (hereinafter Auditor-Controller) to be deposited in theappropriate fund of the County. This reimbursement shall not apply to any meal allowance ortravel allowance, unless the employee is reimbursed by the County of Fresno.
Any employee who initiates an action against the County shall not receive paid time off for anycourt appearances.
Employees shall not be compensated for performing as a member of any Grand Jury.
Whenever practicable, as determined by management, employees called for jury duty will beassigned to a day shift schedule.
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ARTICLE 28 --SHIFT DIFFERENTIAL
The regular day shift will consist of eight (8) working hours between 7:00 a.m. and 5:00 p.m.as scheduled by the department head. No shift differential shall be paid when the entire eight(8) hour shift falls between these hours. In addition, any employee whose regular work hoursbegin and conclude between 7:00 a.m. and 5:00 p.m. shall not receive shift differential pay forany overtime worked. Finally, employees working a regular day shift flexible work schedulewhich extends into the above stated hours shall not be eligible for shift differential.
Whenever an employee who by assignment or by rotation works a regular shift, any portion ofwhich occurs between the hours of 5:00 p.m. and 7:00 a.m., the employee shall be paid, inaddition to the basic compensation, an eight percent (8%)differential for all work hours whichoccur after 5:00 p.m., and before 7:00 a.m. There shall be no shift differential paid duringperiods of Annual Leave, vacation/sick leave, holiday time off, and periods of temporaryreassignment to work hours excluded from shift differential payment.
Whenever an employee who is eligible for shift differential is required to perform overtime workbetween the hours of 5:00 p.m, and 7:00 a.m., such employee's basic compensation plus theshift differential will be used in determining any cash payment for overtime hours worked.
Psychiatric Health Facility &University Medical Center Emergency Department
Whenever an employee who by assignment or by rotation works a regular shift (excludingregular day shift employees) at the above-stated facilities, any portion of which occursbetween the hours of 5:00 p.m. and 7:00 a.m., the employee shall be paid, in addition to thebasic compensation, a twelve percent (12%) differential for all work hours which occur after5:00 p.m. and before 7:00 a.m.
Those employees who by assignment or by rotation work a regular shift where five (5) or morehours occur between midnight and 7:00 a.m., shall be paid, in addition to the basiccompensation, a fourteen percent (14%) differential for all work hours which occur after 5:00p.m. and before 7:00 a.m. There shall be no shift differential paid during periods of AnnualLeave, vacation/sick leave, holiday time off, and periods of temporary reassignment to workhours excluded from shift differential payment.
Whenever an employee who is eligible for shift differential is required to perform overtime workbetween the hours of 5:00 p.m. and 7:00 a.m., such employee's basic compensation plus theshift differential will be used in determining any cash payment for overtime hours worked.
ARTICLE 29 -- OVERTIME
All employees covered by this MOU shall be paid at the rate of time and one-half (1 %z) forovertime worked. In determining whether or not overtime hours have been worked, onlyproductive work hours (actual hours worked) shall apply. Time off for a holiday during the payperiod in which the holiday occurs shall be considered productive time. Overtime is authorizedwork performed by employees in excess of eight (8) hours a day or over forty (40) hours in a
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work week which will be paid at time and one-half (1'/2) of the employee's base rate of payunless the overtime meets the definition of overtime under the provisions of FLSA. In thelatter instance, overtime shall be calculated at the rate of one and one-half (1 %2) times theemployee's regular rate of pay, as defined by provisions of the FLSA.
Consistent with other provisions of this MOU and the Salary Resolution, overtime shall alsoinclude all authorized consecutive hours worked over eight (8) hours in a day and whichextend into a new day. This provision shall include hours worked before or at the end of anormal work schedule. However, overtime paid in this setting shall not be included in anyovertime/double-time overtime computation for regularly assigned work hours on the new day.
Due to the County's current economic constraints, the County and SEIU —Local 535 agree totemporarily encourage all employees covered by this MOU to accrue the maximum amount ofcompensatory time off (CTO) allowed.
Employees covered by this MOU in the Human Services System and the Sheriff's Departmentmay accrue CTO up to a maximum of sixty (60) hours (one hundred (100) hours foremployees designated as being employed in a "standby" capacity in the Human ServicesSystem). Employees may request to be paid in cash at anytime for accrued hours. Use ofCTO shall be at a time mutually agreed upon by the employee and department head or his/herrepresentative. CTO balances may be paid off annually in cash at a time selected by thedepartment head at his/her discretion.
The CTO accrual maximums referenced above will decrease to the following amountseffective the last pay period prior to the expiration of this MOU:
Forty-four (44) hours, and eighty (80) hours for employees designated as being employed in a"standby" capacity in the Human Services System. Those employees who have CTO balancesin excess of forty-four (44) hours, or eighty (80) hours for employees designated as beingemployed in a "standby" capacity in the Human Services System, shall not be eligible toaccrue additional hours until such time as his/her CTO balance falls below forty-four (44)hours or eighty (80) hours.
Should employees of this Unit be scheduled by mana~gement to work more than seven (7)consecutive work days, commencing on the eighth (8 )day, the employee will becompensated at two (2) times his/her base hourly rate for each hour worked until such time astwo (2) consecutive days off are received. This payment shall only apply when the employeehas been scheduled by management and ordered to work more than seven (7) consecutivework days, and does not apply when the work is as a result of the employee volunteering.
To clarify which employees are volunteers, each current employee shall be provided a formupon which to waive eighth (8"') day overtime eligibility. Employees may either complete theform, thereby indicating waiver or discard it. Employees who return the form shall not beentitled to double-time pay for the eighth (8"') consecutive day worked nor days thereafter.Employees may rescind such waiver in writing prior to their scheduled shift.
Within sixty (60) days of the approval of this MOU, the parties agree to meet and conferregarding pay provisions for employees who perform election duties as assigned by theCounty Clerk/Registrar of Voters.
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ARTICLE 30 -- STANDBY PAY (ON CALL)
Employees who are placed on standby shall be compensated for time on call at the rate offorty dollars ($40) for eight (8) hours, nine (9) hours, or ten (10) hours depending upon normalschedule. Employees who are actually called back to work shall be compensated pursuant tothe Call-Back Pay article.
When an employee is required to be on standby on a County holiday, as defined herein, theemployee receives holiday pay of eight (8) hours for that day and standby compensation.
When on standby, the employee shall inform the designated management or supervisoryperson of exactly where the employee may be reached or shall be available via a Countypager at any time, and shall be in a fit condition to report to work.
Employees who are placed on standby who receive work-related phone calls at home shall becompensated at time and one half (1'h) for time actually spent on the call. (Thiscompensation is irrespective of any nonproductive time which may have been worked on thatday or in that week.)
Standby teams within Child Protective Services and Adult Protective Services (HumanServices System) shall rotate annually, beginning the first pay-period in January.
If at any time after the first year of the team rotation schedule(s), Management determines thatit is not in the best interest of the departments) to continue the schedule(s), employees will benotified in writing two (2) pay periods prior to the discontinuance of the schedule(s).Management's decision to discontinue the schedules) shall not be grievable or appealable.At the request of the Union the County agrees to meet and confer regarding the impact of thedecision to discontinue the schedule(s).
ARTICLE 31 -- CALL-BACK PAY
An employee shall be eligible for call-back pay when all of the following conditions are met:
The employee is unexpectedly ordered to return to work and does, in fact, return to work.
2. The order to return is given to the employee following termination of the employee'snormal shift and his/her departure from his/her work location.
3. Such return to work occurs not less than two (2) hours prior to the established startingtime of the employee's next shift.
Compensation for call-backs during each eight (8) hour or standby assignment period shall bethe greater of:
1. Two (2) hours at the rate of time and one-half (1'/2); or
2. Time spent at the work location at the rate of time and one-half (1'/2).
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The rate of pay upon which the time and one-half (1'/2) payment shall be made shall be theemployee's base hourly rate of pay, unless the call-back time worked meets the definition ofovertime under provisions of the ~LSA; in the latter instance, overtime shall, as to non-exemptclassifications, be calculated at the rate of one and one-half (1 %2) times the employee's regularhourly rate of pay, as defined by provisions of the FLSA. The fact that the County may initiallycalculate overtime based on the regular rate of pay for all overtime hours worked does notobviate the County's future exclusive right to differentiate between overtime rates as set forthherein.
This compensation is irrespective of any nonproductive time which may have been worked onthat day or in that week.
Employees called back, and who meet the criteria for use of private vehicles, shall bereimbursed for mileage driven to and from home when called back at the currentreimbursement rate.
Compensatory time off may be elected subject to provisions set forth in this MOU and theSalary Resolution.
Time spent on acall-back assignment is not considered scheduled work time for purposes ofthe seven (7) consecutive work day provision in the Overtime article.
ARTICLE 32 -- MANDATORY CONTINUING EDUCATION
Employees will be granted time off to attend professional meetings, seminars, andconventions as long as it is in reasonable numbers consistent with staffing needs. Whenapproved by the department head, employees may be granted paid time off to attend trainingsessions.
In order to avoid favoritism, in-service seminars and workshops pertaining to skill developmentwill be granted as equitably as possible.
If employees are in an academic program which requires a field placement and the schoolaccepts their work as a field placement, the Chief of In-Service Training will approve it if itconforms with the established department policy, and only after consulting with the appropriateDeputy Director.
The County will consider, consistent with departmental operational needs, employee'srequests for time off (e.g., annual leave, vacation, CTO, dock time) to attend job relatedcollege courses which are only offered during the employee's regular work hour schedule. It isunderstood that any time off approved will be within established work hour schedules in orderto minimize any impact to the department. Decisions by department management are finaland are not appealable or grievable.
Employees of this Unit who, during the term of this Agreement, are required to attendcontinuing education courses, seminars, etc., as a requisite for retention of a license,certification or registration which is a condition of continuing County employment, shall begiven County-paid time off from their regular work schedule for said attendance.
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ARTICLE 33 -- BILINGUAL SKILL PAY
Effective no later than July 8, 2002, an employee occupying a position that is authorized bythe County Administrative Officer, or his/her designee, to receive Bilingual Skill Pay shall beeligible to receive such pay in the amount of $23.08 per pay period. Such employee shallreceive Bilingual Skill Pay after certification by the Department of Personnel Services.
Effective October 23, 2006 Bilingual Skill Pay will increase from a maximum of $23.08 per payperiod to $50.00 per pay period (approximately $108.00 per month).
Bilingual Skill Pay shall not be paid during periods of paid time off (e.g., annual leave, vacationor sick leave); instead, departments may assign these responsibilities to other employees whoare certified to receive this pay.
Position Designation/Eligibility
An employee may be eligible to receive Bilingual Skill Pay after being certified bythe Department of Personnel Services and when occupying a permanentlyallocated position that is designated, by the Department Head or designee, toutilize a bilingual skill(s). Furthermore, the need for the bilingual skills) must beidentified as crucial due to the nature of services provided. "Crucial due to thenature of services provided" shall be defined as any amount of time deemednecessary by the department in order to meet the needs of the public such as:• A direct public contact position;• An institutional or healthcare setting dealing with inmates or patients; or• A position needed to perform interpretation, translation or specialized
activities for the department and its clients.
2. In addition to 1, the position must also be authorized by the CountyAdministrative Officer, or his/her designee, for Bilingual Skill Pay.
3. Where organizationally feasible, departments should ensure that positionsclearly meet the standards by centralizing the bilingual responsibility in as fewpositions as possible.
Bilingual Proficiency Examinations and Certification Process
1. Bilingual proficiency examinations and certification will be administered by theDepartment of Personnel Services.
2. Bilingual proficiency exams will be conducted using an oral board panelconsisting of a minimum of two (2) persons. Panel members may be County ornon-County employees and/or members of the community. Panel membersshall not be in the same bargaining unit as the examinee. The Department ofPersonnel Services shall make a reasonable attempt to utilize panel membersnot in the same department as the examinee.
3. Departments may submit, to the Department of Personnel Services, languagesidentified for testing upon meeting the criteria in C.1. above. After initialimplementation of the exam and certification process, periodic bilingual
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proficiency exams will be scheduled.
4. Employees may submit Bilingual Certification Applications to be scheduled forbilingual proficiency exams directly to the Department of Personnel Services,Employment Services Division. Application deadlines shall not be appealable orgrievable.
5. Upon passing a bilingual proficiency exam, the employee shall be certified in thatlanguages) and will not be required to retest unless they have a break in Countyemployment.
6. Employees that have been certified as bilingual proficient by the Department ofPersonnel Services shall not be eligible to receive Bilingual Skill Pay unless therequirements of Section C above are met.
This shall also apply to those employees that have successfully passed abilingual proficiency exam administered by their department as a condition ofemployment. For an employee to qualify for a testing waiver and be certified,authorized department representatives shall submit to the Department ofPersonnel Services, an employee's name, languages) tested, and any otherinformation necessary for efficient administration of the program. Theseemployees shall not be required to retest through the bilingual proficiency examprocess established with this agreement, but shall be considered as alreadycertified.
7. Appeal Process:• 1St examination failure — employee may request to be re-tested by a new
panel. The employee must submit a written request to the Department ofPersonnel Services within 10 working days of the date of the notificationof failure. Personnel Services will have 30 working days, or longer ifmutually agreed, to schedule a re-test.
• Subsequent examination failure —upon an employee's second failure, theemployee must wait until the next regularly scheduled examination periodto apply for a bilingual proficiency exam.
ARTICLE 34 -- MEMORANDUM OF UNDERSTANDING-PRINTING AND DISTRIBUTING
Within four (4) weeks of adoption by the Board of Supervisors, the County shall provide theUnion fifteen (15) copies of this MOU.
ARTICLE 35 -- SABBATICAL LEAVE
Employees are eligible, after the completion of five (5) years of continuous service and everyfive (5) years thereafter, to submit an unpaid sabbatical leave proposal to their departmenthead for approval. This is provided that during that period, he/she was an employeeoccupying a permanently allocated full-time position. Sabbatical proposals will indicate thepurpose and anticipated results of the proposed sabbatical. The department head will havethe authority to approve, deny, or modify such requests.
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Following the return of the professional from the sabbatical, a report must be prepared todescribe the results accomplished during the sabbatical. This report will be submitted to thedepartment head.
Employees may use annual leave time and/or compensatory time in conjunction with a leave,but will not be required to do so.
ARTICLE 36 -- BEREAVEMENT LEAVE
Each employee occupying a permanent position shall be eligible for paid Bereavement Leaveup to a maximum of twenty-four (24) hours per bereavement for the death of a qualifyingrelative, defined as the employee's husband, wife, parent, brother, sister, child, grandparent,or grandchild, or these same relationships by affinity. Affinity shall be defined as relationshipby marriage, excluding relationships, which are excluded through final dissolution of marriage.Employees granted Bereavement Leave shall only be paid for any work hours regularlyscheduled, but not worked.
Employees may request use of annual leave when the employee desires time off in excess oftwenty-four (24) hours for bereavement-related purposes.
In determining the number of hours to be permitted for a bereavement, the department headwill, in addition to other factors, consider potential interruption of service.
Employees taking Bereavement Leave shall submit a statement under penalty of perjury on aform provided by the County stating the name of the deceased, place of death, relationship tothe employee, and circumstances showing that the time taken as Bereavement Leave wasreasonably necessary in order for the employee to attend to any necessary family obligations.
ARTICLE 37 -- ADMINISTRATIVE HEARINGS
Upon the approval of the department head or his/her designee, no more than two (2)employees shall receive compensation, as if they were working, for appearing as a witness forthe complainant in a Fresno County hearing related to an employee grievance, discriminationcomplaint, retirement or Civil Service Commission matter, or for an Employment DevelopmentDepartment (EDD) hearing. No overtime nor shift premium shall be paid.
ARTICLE 38 -- FLEXIBLE WORK SCHEDULES
At the request of either employees or the Union, the County agrees to meet and conferregarding flexible workweek arrangements. New flexible workweek schedules or modificationof existing schedules will be implemented upon mutual agreement of the Union, Managementand Labor Relations. The department shall retain the right to develop flexible work schedules.
Sideletter agreements between the County and Union shall supersede this article.
The County of Fresno and SEIU —Local 535 agree to hold an interest-based bargainingsession within sixty (60) days of the approval of the MOU. The purpose of the session will be
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to explore the mutual benefits of implementing flexible schedules for employees assigned toChild Protective Services, as well as employees in the Eligibility Worker and Appraiserclassification series.
ARTICLE 39 --WORK HOUR OPTIONS
This article only applies to Department of Social Service employees.
A joint County-Union (Units 3 and 4) task force shall be established effective two (2) monthsfrom Board of Supervisors approval of contract, to explore the feasibility of establishingadditional work hour options. The task force shall consist of three (3) managementrepresentatives selected by the Director of Social Services, and three (3) employees (fromUnits 3 and/or 4) selected by the Union.
The purpose of the task force will be to study possible work hour options and the appropriateuse of such options by staff and to make recommendations to the Director of Social Services.A copy of any recommendations shall be forwarded to the Union.
Upon receipt of such recommendations, the Director shall determine if such work hour optionsshould. be implemented. If the Director determines that such recommendations shall not beimplemented, such decision shall be final.
If the Director determines that such recommendations should be implemented, such flexiblework hour options shall be implemented pursuant to the following terms and conditions:
1. All MOU/salary resolution provisions regarding overtime, shift premium, and holidaylimitations when working flexible workweeks shall apply.
2. The Director reserves the right to discontinue any work hour option with a two (2) payperiod notice to the affected employee(s).
3. Prior to any discontinuation of any work hour options, a meeting between the County, theUnion and a mediator from the State of California Mediation and Conciliation Servicesshall be held during the two (2) pay period noticing period in an effort to resolve theconcerns.
ARTICLE 40 -- COMPUTER PROGRAMMING MODIFICATIONS
Notwithstanding any language in this Agreement to the contrary, the respective articles of thisMOU which will involve modifications to existing computer programs of the County shall notbecome effective until the beginning of the payroll period following the completion of suchmodifications. Furthermore, the provisions of this article shalt not be used to extend theeffective date of salary changes.
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ARTICLE 41 -- MANAGEMENT RIGHTS
A. All County rights, powers, functions, and authorities except as expressly abridged by thisAgreement shall remain vested in the County whether or not they have been exercised inthe past.
B. No portion of this County Management Rights Section shall be construed to obligate theCounty in any way.
C. All decisions made in accordance with County Management Rights which are establishedin this Section or are inherently existent shall not be subject to any aspect of thegrievance procedure or unfair employee relations practice charges.
D. This article is not intended to nor may it be construed- to modify the provisions of theCharter relating to Civil Seniice or personnel administration. The Civil ServiceCommission shall continue to exercise authority delegated to it.
E. This article is not intended to modify those rights which have been granted to employeesin this Agreement following procedures specified in Government Code Sections 3500 etseg.
F. In the exercise of its rights, the County shall not require an employee to perform an actoracts contrary to licensing law.
G. This article is not intended to restrict consultation with the Union at the request of thelatter regarding matters within the right of the County to determine.
H. The rights, powers, and authorities of the County include, but are not limited to, the soleand exclusive right to:
1. determine the mission of its constituent departments, commissions, boards, andcommittees;
2. set standards of services and evaluate the County's effectiveness in delivery of theseservices;
3. determine the procedures and standards for employee selection, promotion,demotion, transfer, reassignment and/or layoff;
4. select, train, direct, assign, demote, promote, layoff, dismiss its employees;
5. communicate fully and openly with its employees on any subject at any time orally, inwriting, both at work or through the U.S. mail;
6. take disciplinary actions;
7. relieve its employees from duty or reassign employees because of lack of work or forother reasons the County considers legitimate;
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8. evaluate and maintain the efficiency of County operations;
9. determine and change the method, means, personnel, and standards by whichCounty operations are to be conducted;
10. determine the content of job classifications;
11. take all necessary actions to carry out its mission in emergencies including thesuspension of portions or all of this Agreement for the period of emergency asdetermined by the County;
12. exercise complete control and discretion over its organization and the technology toperform its work;
13. make rules and regulations pertaining to employees consistent with this Agreement;
14. make all financial and budgetary decisions;
15. establish, allocate, schedule, assign, modify, change and discontinue work shifts andworking hours and workweeks;
16. contract, subcontract, establish, merge, continue or discontinue any function oroperation of the County;
17. engage consultants for any future or existing function or operation of the County;
18. order overtime.
ARTICLE 42 -- CONTINUITY OF OPERATIONS
Continuous and uninterrupted service to the citizens of the County, and orderlyemployee/employer relations between the County and its employees are essentialconsiderations of this agreement. Therefore, the Union agrees on behalf of itself and thoseCounty employees which it represents both individually and collectively that there shall not beany strikes, picketing, boycotting, work stoppages, sitdowns, sickouts, speed-ups, slow-downs,or secondary action such as refusal to cross picket lines or any other concerted refusal torender services or to obstruct the efficient operations of the County or refusal to work,including refusal to work overtime, or any other curtailment or restriction of work at any time.
In the event the County determines there to be a violation of this article by the Union and/orthe employees which it represents, the employer may, in addition to other remedies, disciplinesuch employees up to and including discharge.
The County shall not utilize clock-out technique in its employee/employer relationships.
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ARTICLE 43 -- EVALUATION OF EMPLOYEES
Where layoffs result in increased workloads, subsequent employee evaluations will take intoaccount, to the extent management deems appropriate, the fact that the employee has anincreased workload.
ARTICLE 44 -- VOLUNTARY "JOB-SHARING" PROG
If layoffs are to occur in any classification in this Unit, the County and the Union agree to meetand confer regarding voluntary departmental "job-sharing" and/or reduced work-weekprograms as an alternative to those layoffs.
ARTICLE 45 -- DIRECT DEPOSIT OF PAYROLL CHECKS
All paychecks of employees represented by this Unit shall be directly deposited by the Auditor-Controller in a financial institution of the employee's choice, which accepts direct-deposits anddoes not charge the County any fees) for such service.
In the event an employee declines or fails to designate a financial institution to receive depositof their paycheck, such employee's paycheck shall be deposited in an account established fortheir use at the Fresno County Employees' Federal Credit Union, and such deposit procedureshall continue unless and until another financial institution has been designated by theemployee on the appropriate form and forwarded to the Department of Personnel Services.
In the event that the financial institution designated by the employee to receive their paycheckcommences to charge a fee to the County of Fresno for such deposit service, the County shallnotify the employee of the effective date of such proposed fee, when such information isavailable to the County, and the employee shall decide to either: 1) continue the designationof that institution and pay the fee required by the financial institution; or 2) designate anotherinstitution which does not charge such fees to receive the employee's paycheck; or 3) makeno designation and have the paycheck processed in accordance with the provisions above.
Employees electing options 1 or 2 shall complete the appropriate designation form andforward it to the Department of Personnel Services one (1) week in advance of the effectivedate of such fees.
ARTICLE 46 -- ON-THE-JOB INJURIES/HEALTH PLAN PREMIUMS
Employees who are seriously injured; or who become ill; or who are exposed to toxicmaterials; any of which are as a result of one incident or exposure on the job which causesneed for medical treatment and who cannot return to work, as verified by a California LicensedPhysician's statement, on the day such incident occurs, shall receive their full normalcompensation for that day as though they had continued to work. There shall be no requireduse of annual or sick leave time for such day. Under conditions set forth below, the Countywill pay the full Health Benefit Plan premium for the employee only for up to fifteen (15) fullpay periods. The Health Benefit Plan employee-only premium will be paid when all of thefollowing conditions have been met:
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1. The employee is on an approved medical leave of absence under provisions of CountyPersonnel Rule 7.
2. The medical leave of absence is a result of a bona fide on-the job injury or illness.
3. The on-the-job injury or illness occurred on or after July 3, 1981.
4. The employee has exhausted all accrued paid time off, including, but not limited toAnnual Leave, sick leave and compensatory time off.
5. The employee has not been released by the attending physician to return to duty on a fullor part-time basis.
The employee will assume full responsibility for payment of Health Benefit Plan premiums forany continued dependent coverage, and will assume responsibility for payment of theemployee-only premium at the beginning of the sixteenth (16"') pay period of a medical leaveof absence due to an on-the-job injury or illness.
ARTICLE 47 -- DIFFERENTIALS
PHF, PACT & CCAIR Differential
Employees of this Unit who are assigned to the Psychiatric Health Facility (PHF) inpatientlocked facility, Psychiatric Assessment Center for Treatment (PACT), and the Children's CrisisAssessment Intervention and Resolution (CCAIR) Unit shall be paid Five and 00/100 Dollars($5.00) per day differential when four (4) or more hours are spent in the facility. Employeesassigned for less than four (4) hours per day shall be paid the above differential on a pro-ratedbasis at $.625 per hour.
The differential shall continue for employees permanently assigned to the facility duringperiods of, vacation, sickness, and temporary reassignments for the convenience ofmanagement, for training or other purposes.
When a permanent employee is temporarily reassigned for a period of one (1) month or moreno differential shall be paid.
Differential payments are not included in Annual Leave payoff.
The parties agree to meet and confer, at the request of the Union, regarding the applicability ofthis differential to new and similar mental health programs.
Emergency Room Differential
Employees of this Unit who are assigned to the Emergency Room shall be paid Five and00/100 Dollars ($5.00) per day differential when four (4) or more hours are spent in theEmergency Room. Employees assigned for less than four (4) hours per day shall be paid theabove differential on a pro-rated basis at $.625 per hour.
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The differential shall continue for employees during periods of vacation, sickness and duringholiday time off. Payment shall continue during temporary reassignment for the convenienceof management, for training or other purposes for periods of one (1) month or less.
Differential payments are not included in Annual Leave payoff.
Detention Facility Differential
Employees of this Unit who are assigned to a County detention facility shall be paid Five and00/100 Dollars ($5.00) per day differential when four (4) or more hours are spent in any ofthese facilities. Employees assigned for less than four (4) hours per day shall be paid theabove differential on a pro-rated basis at $.625 per hour.
The differential shall continue for employees permanently assigned to the facility duringperiods of, vacation, sickness, and temporary reassignments for the convenience ofmanagement, for training or other purposes for periods of one (1) month or less.
ARTICLE 48 -- CHILD PROTECTIVE SERVICES ASSIGMENT DIFFERENTIAL
Effective December 10, 2001, employees in the Social Worker classification series who areregularly assigned Child Protective Services (CPS) cases shall be paid, in addition to theirbase salary, a five percent (5%) differential. Employees who cease to be assigned CPS casesshall cease to receive this differential. This differential shall only be applied to base pay; itshall not apply to overtime/call-back unless the overtime/call-back time worked meets thedefinition of overtime under provisions of the FLSA.
ARTICLE 49 -- NEW WORKSITES
Upon request of the Union and by mutual agreement of parties, the County and the Unionshall meet to discuss major proposed new worksites.
ARTICLE 50 -- CLASS SPECIFICATIONS
In the event class specifications for classifications covered in this Unit are revised, the Countyagrees to provide the Union with copies of the revised specifications as soon as they arepromulgated. Such copies shall serve as notice to the Union relative to impact bargaining. Atthe Union's request, the County will meet and confer on the impact of changes to classspecifications for classifications covered by this Unit.
ARTICLE 51 -- ANNUAL LEAVE MANDATORY USAGE - EMPLOYEES ON UNPAID LEAVES
It remains the policy of the County that employees be permitted to take Annual Leave forvacation purposes to the maximum extent consistent with operational needs.
Minimum usage of Annual Leave hours for employees on approved leave of absence shall beas follows:
Those employees who have been on approved leave of absence from zero (0) to four (4) fullpay periods duration during the payroll year shall also be required to use the requisite one-
Unit 3 — MOU - 10/25/04 — 10/30/11 25
hundred twenty (120) hours of Annuai Leave for vacation, illness, or other purposes during thepayroll year. Employees who have been on an approved leave of absence from five (5) tonine (9) full pay periods duration during the payroll year shall be required to use a minimum ofeighty (80) hours of Annual Leave. Employees who have been on an approved leave ofabsence from ten (10) to twelve (12) full pay periods duration during the payroll year shall berequired to use a minimum of sixty (60) hours of Annual Leave. Employees who have been onan approved leave of absence longer than twelve (12) full pay periods duration during thepayroll year are not required to use Annual Leave hours.
ARTICLE 52 -- SAVINGS CLAUSE
The provisions of this Contract are declared to be severable and if any section, subsection,sentence, clause, or phrase of this Agreement shall for any reason be held to be invalid orunconstitutional, such decision shall not affect the validity of the remaining sections,sentences, clauses, and phrases of this Agreement, but they shall remain in effect, it being theintent of the parties that this Agreement shall stand notwithstanding the invalidity of any part.Should any portion of this Agreement be found invalid or unconstitutional, the parties will meetand confer to arrive at a mutually satisfactory replacement for the portion found to be invalid orunconstitutional.
ARTICLE 53 -- FLEXIBLE SPENDING ACCOUNT
During the term of this Agreement, the County will continue to offer employees of this Union a"Flexible Spending Account." The Flexible Spending Account is offered pursuant to provisionsof Section 125 of the Internal Revenue Code. This account is to permit employees to pay forcertain authorized expenses such as health insurance premiums, health insurance deductibleand child care services from pre-tax dollars. All cost associated with the administration of thisaccount will be paid by the County.
ARTICLE 54 -- TWO-TIER RETIREMENT — VOLUNTARY (SUNSETS JUNE 17. 2007)
Effective July 1, 2005, the County of Fresno and SEIU —Local 535 agree to extend toemployees in classifications covered by this MOU the voluntary option of utilizing a lowerretirement tier.
The lower retirement tier, if selected by the employee, shall be as follows:
1. General Members — 2% at 55 years of age. (GC 31676.16)2. The parties agree that the above alternative option shall sunset with the end of Fresno
County Fiscal Year 2008-2009.3. The parties agree that the Retirement Association shall provide retirement rate and
retirement benefit information to employees considering opting into a lower retirement tier.This information shall be on the form the employee signs to opt into a lower retirementbenefit tier.
Unit 3 — MOU - 10/25/04 — 10/30/11 26
ARTICLE 55 --TWO-TIER RETIREMENT — MANDATORY EFFECTIVE JUNE 18, 2007
Effective Fiscal Year 2007-2008, any employee hired into a permanent general/miscellaneousposition represented by SEIU —Local 535 shall be enrolled mandatorily under the following 1937Act retirement plan section:
General/Miscellaneous Employees — GC Section 31676.15
■ 2.6186% @age 60; 3.1336% @age 65■ 3 year average for final compensation
Any employee occupying a permanent position, who promotes, demotes or transfers into apermanent position, shall continue under the retirement plan section (e.g., Tier I, Tier II, etc.)which they were enrolled in immediately prior to their promotion, demotion or transfer.
Any employee who has deferred their retirement, pursuant to provisions of the 1937 Act, andsubsequently reactivates participation in the retirement plan shall be given the option to continueunder the retirement plan section (e.g., Tier I, Tier II, etc.) that they were enrolled in prior todeferral.
Effective Fiscal Year 2007/2008, any employee who opted to change their retirement benefitfrom Tier I (2.5% @age 55) to Section 31676.16 of the 1937 Act, shall be enrolled intoSection 31676.15 of the 1937 Act.
Effective with initiation of the mandatory two tier system, Article 54 shall be rendered null &void.
ARTICLE 56 --NEW EMPLOYEE ORIENTATION
The County agrees to maintain, within budget constraints, during the term of this agreement, aPersonnel sponsored employee orientation program. A total of fifteen (15) minutes will beprovided for presentations by the Union.Representatives of the Union may participate in these presentations at each Department ofPersonnel Services sponsored new employee orientation program, where new employees ofthis unit are in attendance. Reasonable time will also be allowed for questions and answers.The County will schedule each new employee for orientation within forty-five (45) working daysof hire.
It is understood that if the Union steward/officer wishes to make such presentations on behalfof the Union, the steward/officer shall be required to use his/her own annual leave for thepresentation if it falls within his/her normal workday. When reviewing such requests for annualleave, the department will adhere to County and departmental policies regarding the use ofannual leave.
It shall be the Union's responsibility to contact the County's Employee Benefits Office todetermine if employees in this bargaining unit will be in attendance.
Unit 3 — MOU - 10/25/04 — 10/30/11 27
ARTICLE 57 -- QUARTERLY UNION/MANAGEMENT MEETINGS
The parties recognize that timely resolution of operational/service issues is in the best interestof employees, the County and the customers we serve. Therefore, the parties agree thatemployees are required to follow their chain of command (beginning at the lowest levelsupervisor/manager as appropriate) to resolve operational issues that arise and to makerecommendations regarding such operationsJservices issues.
There shall be quarterly Union/Management meetings, at the request of the Union or thedepartment in the Human Services System to discuss issues that were not resolved throughthe normal chain of command and/or to make recommendations regarding operations/serviceissues between the Union representative, stewards and/or officers and the department heador his/her designee. If necessary, these meetings may increase in frequency at the request ofeither the Union or the Department, if mutually agreed upon by both parties. This article shallnot be grievable or appealable. However, any operational/service issues arising out of thesemeetings that are otherwise grievable may be pursued consistent with the EmployeeGrievance Resolution Procedure. Concerns regarding the administration of this article may beraised with the Director of Personnel Services.
ARTICLE 58 -- LEAD WORKER ALLOWANCE
Medical Social Workers I/II who are assigned by management to perform lead work involvingassigning, reviewing, and coordinating the work of employees shall receive an allowance offifty dollars ($50) per pay period, pro-rated for the actual number of hours worked, not toexceed eighty (80) hours per pay period. There shall be no allowance paid during periods ofannual leave, sick leave use, and during holiday time off.
Persons designated by the department head or designee to receive this allowance do so atthe pleasure of the department head or designee, and assignment decisions designating orremoving designation are not grievable, are not appealable to the Civil Service Commission, orsubject to challenge in a court of law.
ARTICLE 59 --SUPERVISORY DUTIES ALLOWANCE
Medical Social Workers I/I I/lll who are assigned by management to perform the full range ofsupervisory duties involving selecting, evaluating, and disciplining subordinate staff shallreceive an allowance of seventy-five dollars ($75) per pay period.
Persons designated by the department head or designee to receive this allowance do so atthe pleasure of the department head or designee, and assignment decisions designating orremoving designation are not grievable, are not appealable to the Civil Service Commission, orsubject to challenge in a court of law.
ARTICLE 60 -- SETTLEMENT AGREEMENT
Notwithstanding the County's position that striking employees were engaged in unprotectedactivity, the County agrees to treat striking employees as if they were engaging in protectedactivity within the meaning of M.M.B.A.
Unit 3 — MOU - 10/25/04 — 10/30/11 28
In addition, Local 535 and the County agree to dismiss any and all proceedings, includingadministrative as well as court matters, presently filed and to waive and release any claimseach may have against each other or the agents, officers, employees, members, orrepresentatives of the other arising directly or indirectly out of the strike.
ARTICLE 61 -- FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the parties regardingthe matters set forth herein, and any other previous understanding or agreements by theparties (with the exception of addendums and sideletter agreements), whether formal orinformal, regarding any such matters are hereby superseded and terminated in their entirety.With respect to addendums and sideletter agreements, all previously existing addendums andsideletter agreements that have not expired, and new addendums and sideletter agreementsentered into during the term of this MOU shall continue in force subject to the terms andconditions set forth within each. Further, neither party shall be bound by any promise orassurance that is not explicitly covered in this MOU, addendum, or sideletter agreementsigned by both parties.
This MOU shall govern in case of conflict with provisions of existing County ordinances, rulesand regulations pertaining to wages, hours, and other terms and conditions of employment,but otherwise such ordinances, rules and regulations shall be effective and the Board ofSupervisors and other County boards and commissions retain the power to legislate pertainingto such matters subject to compliance with the Meyers-Milias-Brown Act and other applicableprovisions of law provided such actions are not in conflict with the provisions of this MOU.
ARTICLE 62 -- UNINTERRUPTED PROCESS TIME
Social Worker I, II and III, and Social Work Practitioner classifications are permitted a two (2)hour period of time which they are free from routine public contact. During the worker'suninterrupted process time, all telephone calls and interview requests will be handled by otherstaff.
UPT plans developed by individual units must be approved by the appropriate programmanager to ensure coordination between such plans within the division and to assureadequate coverage.
If a worker is absent during all or part of the scheduled uninterrupted process time, theprocess time lost cannot be rescheduled, unless an exception is granted by the supervisorwith the approval of the program manager. Uninterrupted process time for those who workpart-time will be the amount of time which corresponds to their work schedule. For example, ahalf-time worker would have an hour (half of two hours) of the workday designated asuninterrupted process time.
Depending on organizational needs, the department head may discontinue or modify UPT inany or all work areas when it is determined by the department head that to do so would be inthe best interest of the department. In the event that it is necessary, the department headagrees to discuss any changes to the above with Union Representation prior toimplementation of changes.
Unit 3 — MOU - 10/25/04 — 10/30/11 29
ARTICLE 63 -- UNINTERRUPTED PROCESS TIME (UPT) —METRO DIVISION
The County and SEIU 535 agree to an Uninterrupted Process Time Trial Program for thefollowing Classifications covered by this M.O.U. assigned to the Metro Division in theDepartment of Adult Services:
Licensed Mental Health CliniciansSenior Licensed Mental Health CliniciansUnlicensed Mental Health Clinicians
This trial program shall commence upon the effective date of this M.O.U. for a minimum periodof twelve (12) months. The purpose of this trial program will be to determine if UPTsignificantly increases employee-billing time for client services.
Employees in the above referenced classifications shall be permitted a one (1) hour period oftime, up to finro (2) hours as determined by management, which they are free from routinepublic contact each work day at his/her requests. During the worker's uninterrupted processtime, all telephone calls and interview requests wilt be handled by other staff.
If a worker is absent during all or part of the scheduled uninterrupted process time, theprocess time lost cannot be rescheduled, unless an exception is granted by the supervisorwith the approval of the program manager.
Uninterrupted process time for those who work part-time will be the amount of time whichcorresponds to their work schedule. For example, ahalf-time worker would have an '/2 hour(half of one hour) of the workday designated as uninterrupted process time.
The County and SEIU 535 during their monthly labor/management meetings agree to discussthe employee billing for client services and collaboratively work to improve this issue.
At the end of the trial period, the department head may discontinue or modify UPT in any or allwork areas when it is determined by the department head that to do so would be in the bestinterest of the department. In the event that it is necessary, the County will notify SEIU 535and offer them the opportunity to meet and confer over the impact of this decision prior toimplementation of changes.
ARTICLE 64— BENCHMARK CLASSIFICATION SALARY SURVEY
The County agrees to conduct a 13 County (listed below) Salary Survey of all benchmarkexperienced level classifications represented by SEIU —Local 535, excluding bargaining Unit36, Supervisory classifications. The survey shall also include the City of Fresno and the Stateof California. (With respect to Unit 36, the County will include those supervisory classificationswhose benchmark classifications are not represented by SEIU —Local 535.)
The parties agree to meet and confer over equity adjustments upon completion of the Surveybut no later than March 31, 2008. The parties further agree to meet and confer on an
Unit 3 — MOU - 10/25/04 — 10/30/11 30
individual bargaining unit basis (no coalition bargaining). Any salary equity adjustmentsagreed to would become effective with the 2008/2009 Fiscal Year. In no event shall anyequity adjustments agreed to become effective retroactively.
The parties agree to meet just prior to the commencement of the survey to discussmethodology, specific concerns and perspectives.
The following 13 Counties shall be included in the Salary Survey:
• Contra Costa• Kern• Kings• Madera• Merced• Riverside• Sacramento• San Joaquin• San Mateo• Santa Barbara• Stanislaus• Tulare• Ventura
* Traditional Eight (8) County survey.
ARTICLE 65-- WEINGARTEN RIGHTS
The County and SEIU 535 agree that it is in the best interest of both parties and the bestinterest of the County employees that all employees be informed of these rights.
The County agrees that every employee who is subject to an administrative investigatoryinterview by management will be given a copy of their Weingarten Rights and a form toindicate if he/she wishes to invoke his/her Weingarten Rights. The employee will be giventime to read the form and mark if he/she wishes to have a representative in the meeting. Theemployee will then sign the form and be given a copy of the signed form.
SEIU 535 and the County to mutually agree on the form.
This article shall not be grievable or appealable, expect for the employee's right to appeal iftheir Weingarten Rights are violated.
ARTICLE 66 --UNION LABEL
The County agrees that any employee covered by this MOU will have the right to wear on theirperson and/or display in their workstation their Union affiliation. This includes buttons, lapelpins and pens, unless doing so is contrary to the Fresno County Employee RelationsOrdinance or a department policy/procedure.
Unit 3 — MOU - 10/25/04 — 10/30/11 31
ARTICLE 67 -- MEET AND CONFER REQUIREMENTS
California Government Code, Section 3500 (The Meyers-Milias-Brown Act), is attached as anaddendum to this MOU.
ARTICLE 68 -- NOTICE OF PROMOTIONAL OPPORTUNITIES
Employees who have authorized access to the Fresno County e-mail system will be sent bi-weekly updates regarding pending promotional opportunities from the Department ofPersonnel Services. The opportunities wi01 be limited to open, departmental promotional andgeneral promotional recruitments. All departmental internal suspension of competitionrecruitments will continue to be conducted pursuant to Personnel Rule 4310.6.
ARTICLE 69 -- APPLICATIONS AND FORMS
Fresno County applications and forms related to employment opportunities will be madeavailable through the County Intranet System. Employees may submit application materials tothe Department of Personnel Services via the Fresno County e-mail system. The employeewill be allowed to show e-mail documentation that the application materials were sent by thefinal filing date and time.
This Article does not apply to internal, departmental suspension of competition recruitments,which will be conducted pursuant to Personnel Rule 4310.6.
This Article shall not be grievable.
ARTICLE 70 -- EMPLOYEE ASSISTANCE PROGRAM
The County and SEIU —Local 535 agree that within 30 days of the adoption of the MOU,representatives of the County and SEIU —Local 535 agree to meet to discuss Fresno County'sEmployee Assistance Program.
ARTICLE 71 -- HEPATITIS VACCINATIONS
The County Health Officer shall review the classifications covered by this MOU and make arecommendation as to the benefit of having hepatitis vaccinations provided to employeeswithin designated classifications.
This review and recommendation shall be completed within six (6) months from the approvalof this MOU. A copy of the recommendation will be provided to SEIU —Local 535.
ARTICLE 72 -- CHILD CARE FACILITY
The County agrees to continue exploring the possibility of creating a child care facility for useby County employees.
Unit 3 — MOU - 10/25/04 — 10/30/11 32
ARTICLE 73 --USE OF COUNTY MAIL SYSTEM
SEIU —Local 535 may request that informational material be distributed to employees coveredby this MOU via the County Inter-Office Mail system. All such requests must be submitted twoweeks in advance of the proposed distribution date to the Personnel Services Manager -Labor Relations in writing with the informational material attached. If the Personnel ServicesManager -Labor Relations authorizes the distribution of the information via the County Inter-Office Mail system, the Union will be notified and required to provide the appropriate numberof copies, in addressed envelopes to the County Reprographics Manager for distribution.
ARTICLE 74 -- USE OF PERSONAL VEHICLES
The County of Fresno agrees to review the current process of assigning/allocating Countyvehicles to employees who conduct field work associated with their assignments in variousdepartments/programs within the Human Services System. The findings of the review will bereported during the next quarterly Union/Management meeting in June 2004.
ARTICLE 75 -- REST PERIODS
Employees shall generally be entitled to two (2) rest periods each work day, not including thenormal lunch or dinner break. Rest periods are County-paid time; only during periods ofextremely heavy workload and/or staffing shortages as determined by management, restperiods may not be possible.
ARTICLE 76 -- MOU NEGOTIATIONS
Employees authorized to participate in MOU negotiations whose classifications require them tocarry a caseload, shall not be assigned any new cases on days they have participated in theMOU negotiation process.
ARTICLE 77 -- EMPLOYEE PERFORMANCE EVALUATIONS
Remedy For Employee Dissatisfied With Evaluation: An employee dissatisfied with his or herperformance evaluation and wishing to supplement the evaluation with written comments maydo so. The written comments must be signed, dated and submitted to the employee'ssupervisor within ten (10) working days of the employee's receipt of the evaluation. Inaddition, the written comments must identify the areas of disagreement and include a requestto meet with the reviewer. The reviewer shall hold a meeting with the employee to discuss theemployee's concerns within ten (10) working days from receipt of the written comments. Boththe employee's written comments and the reviewer's written response become a part of theemployee evaluation document and a permanent part of the employee's personnel record.There shall be no appeal or other remedy available to the employee.
Unit 3 — MOU - 10/25/04 — 10/30/11 33
ARTICLE 78 - MOU REOPENERS
The County of Fresno and SEIU —Local 535 agree to meet and confer, by bargaining unit,over the following non-economic issues:
1. Contracting Out —Both parties agree to develop factors the Board of Supervisors has toconsider prior to contracting out.
2. Employee Evaluations —The parties agree to meet with department heads regardingadministration of current MOU performance evaluation language and reopen on this issuein December of 2006.
3. Shop Stewards Workload —The parties agree to reopen on this issue in December of2006.
In addition, the parties agree that this Unit shall be allowed two (2) non-economic reopenerseffective in December of 2006.
The parties agree that this Unit will be allowed two (2) non-economic MOU reopeners effectivein October 2009. The County agrees to allow the Unit to share these two (2) MOU reopenersthat are effective October 2009 with other SEIU-Local 535 bargaining units.
ARTICLE 79 —TERM AND SALARY ADJUSTMENT
Term
October 25, 2004 through October 30, 2011.
Salary Adjustment
2.50% Effective December 20, 2004.2.75% Effective December 19, 2005.3.50% Effective December 18, 2006.2.00% Effective July 2, 2007.3.50% Effective December 17, 2007.3.00°/a Effective December 15, 2008.3.00% Effective December 14, 2009.3.00% Effective December 13, 2010.
Unit 3 — MOU - 10/25/04 — 10/30/11 34
ARTICLE 80 —SIXTH STEP ADDED
Effective June 18, 2007, one (1) additional salary range step (Step 6) shall be added to aliclassifications. Salary Resolution Section 411 shall continue to govern advancement to Step6, with the exception that any incumbent employee advanced to Step 6 shall maintain theiranniversary date.
By
By -
By -
Dated ~~~~~~~~
SEIU -LOCAL 535, UNIT 3
By
By
Dated ~ r ~~~ d ~
Unit 3 — MOU - 10/25/04 — 10/30/11 35
ADDENDUM NO. 1
TO MEMORANDUM OF UNDERSTANDING FOR
MENTAL HEALTH PROFESSIONALS &SOCIAL WORKERS -UNIT 3
(MOU Term: Oct
ober
25, 2004 through Oct
ober
30,
2011)
SALARIES
RECOMMENDED SALARY RANGE AND EFFECTIVE DATES
Curr
ent
Clas
sifi
cati
ons
Range
Lice
nsed
Men
tal He
alth
1821
Clin
icia
nLi
cens
ed Psy
chol
ogist
2052
Medi
cal So
cial
Worker I
1407
Medi
cal So
cial
Worker II
1664
Medical So
cial
Worker II
I1733
Seni
or Licensed Me
ntal
Hea
lth
1956
Clin
icia
nSe
nior
Licensed Ps
ycho
logi
st2178
Soci
al Work Practitioner
1600
Soci
al Worker I
1184
Social Worker II
1304
Soci
al Worker II
I1466
Unli
cens
ed Men
tal Health
1514
Clin
icia
nUnlicensed Psy
chologist
1791
Effe
ctiv
e Ef
fect
ive
Effe
ctiv
e Effective
Effe
ctiv
e Ef
fect
ive
Effe
ctiv
e Ef
fect
ive
12/2
0/04
12
/19/
05 12/18/06
7/2/
07
12/1
7/07
12
/15/
08 12
/14/
09 12/13/10
1867
1918
1985
2025
2096
2159
2224
2291
2103
2161
2237
2282
2362
2433
2506
2581
1442
1482
1534
1565
1620
1669
1719
1771
1706
1753
1814
1850
1915
1972
2031
2092
1776
1825
1889
1927
1994
2054
2116
2179
2005
2060
2132
2175
2251
2319
2389
2461
2232
2293
2373
2420
2505
2580
2657
2737
1640
1685
1744
1779
1841
1896
1953
2012
1214
1247
1291
1317
1363
1404
1446
1489
1337
1374
1422
1450
1501
1546
1592
1640
1503
1544
1598
1630
1687
1738
1790
1844
1552
1595
1651
1684
1743
1795
1849
1904
1836
1886
1952
1991
2061
2123
2187
2253
Unit
3 —Addendum 1 —
Salaries - 10/
25/0
4 —
10/3
0/11
ADDENDUMTO MEMORANDUM OF UNDERSTANDING FOR
SEIU —LOCAL 535, UNITS 2, 3, 4,11,12, 22, 31 & 36(MOU Term: October 25, 2004 through October 30, 2011)
PUBLIC SERVICE RETIREMENT CREDIT
The parties acknowledge that the Fresno County Board of Supervisors desires to adopt,through Resolution, provisions of the County Employees Retirement Law of 1937 (1937 Act)effective April 1, 2001, allowing employees who are members of the retirement system topurchase prior public service for retirement credit purposes. Consequently, SEIU —Local 535agrees to the following terms and conditions which will be incorporated into the Board'sResolution:
1. Those employees who are members of the Fresno County Retirement System as ofApril 1, 2001, will have until June 30, 2001, to request the purchase of prior publicservice credit; requests received after June 30, 2001, for this group of employees, willnot be processed.
2. Those employees who become members of the Fresno County Retirement Systemafter April 1, 2001, will have athree-month period after they become members torequest the purchase of prior public service credit; requests received after the three-month period will not be processed.
3. Employees may purchase up to a maximum of four (4) years of qualifying public servicecredit.
4. Employees' contributions associated with the purchase of public service credit shall bemade by lump sum payment or by installment payments, consistent with Section31641.2, (a) and (b).
5. Consistent with Section 31641.95, the Board of Supervisors may at anytime discontinuethis option through Resolution.
Unit 3 — Addendum — Public Service Retirement Credit
ADDENDUMTO MEMORANDUM OF UNDERSTANDING FOR
SEIU -LOCAL 535, UNITS 2, 3, 4, 11, 12, 22, 31 & 36(MOU Term: October 25, 2004 through October 30, 2011)
EXTENSION OF PAID MILITARY LEAVE
The parties acknowledge that the Fresno County Board of Supervisors desires to adopt,through Resolution, provisions that would grant additional military benefits to bargaining unitmembers pursuant to California Military and Veterans Code Section 395.03.
The parties agree to the following:
Bargaining unit members shall have the same options available to them as weregranted to management and unrepresented employees under the Board's Resolutionadopted on October 16, 2001 (attached).
2. Bargaining unit members, for military leave purposes, may receive voluntary AnnualLeave or Vacation Leave donations from County employees on a pay period by payperiod basis, based on employee need. This provision is temporary in nature andmade under the following conditions:
A) Bargaining unit members must be permanent County employees called to activeduty from the California National Guard or United States Military Reserve insupport of Operation Enduring Freedom.
B) The employee must have exhausted or is about to exhaust all of his/her AnnualLeave or Vacation Leave.
3. This Addendum sunsets on April 14, 2002, unless extended by the County of Fresno.
Unit 3 -Addendum -Extension of Paid Military Leave
ADDENDUMTO MEMORANDA OF UNDERSTANDING FOR
SEIU —LOCAL 535, UNITS 2, 3, 4, 11, 12, 22, 31 & 36(MOU Term: October 25, 2004 through October 30, 2011)
ACCESS — FRESNO COUNTY PLAZA LOBBY
The parties agree that the Fresno County Plaza Lobby will be available subject to all termsand conditions set forth in Memoranda of Understanding, the Fresno County EmployeeRelations Ordinance and/or Fresno County Management Directives.
The parties further agree that the Fresno County Plaza Lobby shall be available, as identifiedon the attachment, provided space can be made available without interfering with Countybusiness and meetings are held outside affected employees' regularly scheduled workinghours.
Unit 3 — Addendum — Access — Fresno County Plaza
ADDENDUM NO. 7TO MEMORANDUM OF UNDERSTANDING
FOR SEIU —LOCAL 535, UNIT 3{MOU Term: October 25, 2004 through October 30, 2011)
SHIFT DIFFERENTIAL
Having met and conferred, the parties agree that employees of this bargaining unit working inthe Psychiatric Assessment Center for Treatment (PACT), the Children's Crisis AssessmentIntervention and Resolution (CAIR) Unit, or County detention facilities shall receive the sameshift differential as those employees in like classifications working in the Psychiatric HealthFacility (PHF) and Emergency Psychiatric Services (formerly University Medical Center —Emergency Department).
Unit 3 — Addendum —Shift Differential
ADDENDUMTO MEMORANDUM OF UNDERSTANDING
FOR SEIU —LOCAL 535 —UNITS 2, 3, 4, 11, 12, 22, 31 & 36(MOU Term: October 25, 2004 through October 30, 2011)EMPLOYEE GRIEVANCE RESOLUTION PROCEDURE
The parties agree to the attached Addendum — "Employee Grievance Resolution Procedure"dated August 21, 2003, to existing Memoranda of Understanding for SEIU —Local 535,Representation Units 2, 3, 4, 11, 12, 22, 31 & 36.
This Addendum supersedes the following Addenda in the Memoranda of Understanding:
1) Unit 2 - Addendum #22) Unit 3 - Addendum #23) Unit 4 - Addendum #24) Unit 11 - Addendum #25) Unit 12 - Addendum #26) Unit 22 - Addendum #27) Unit 31 - Addendum #28) Unit 36 - Addendum #3
Unit 3 — Addendum — Grievance Resolution Procedure 1
ADDENDUMTO MEMORANDUM OF UNDERSTANDING
FOR SEIU —LOCAL 535 —UNITS 2, 3, 4, 11, 12, 22, 31 & 36(MOU Term: October 25, 2004 through October 30, 2011)EMPLOYEE GRIEVANCE RESOLUTION PROCEDURE
Before filing a grievance, be certain to read this entire procedure, including the definitions.
PURPOSE
It is a mutual obligation on the part of administrative, supervisory and non-supervisoryemployees of the County of Fresno to provide efficient and continuous services to the public.Employee morale is an important factor in maintaining a high level of public service, andadministration has a responsibility to provide an orderly and expeditious method for resolvingproblems, which may arise from working relationships and conditions.
GENERAL
This procedure is intended to provide an orderly method for processing grievances in theinterest of obtaining a fair and equitable solution. The parties so involved must act in goodfaith and strive for objectivity, while endeavoring to reach a solution at the earliest date and atthe lowest step in the process. The processing of a grievance shall be considered as Countybusiness, and the employee and his/her representative shall have reasonable time andfacilities allocated. The use of County time shall not be excessive, nor shall this privilege beabused. The aggrieved employees) shall have the assurance that filing of a grievance will notresult in reprisal of any nature.
Time lines are designed to quickly resolve a grievance. It is realized, however, that onoccasions the parties concerned may be unable to comply with the established time lines. Insuch instances, the time lines may be extended upon the mutual agreement of all partiesconcerned. However, aone-time only ten (10) day waiver shall be granted at the request ofthe employee or his/her representative at any step in the grievance resolution process. Anysubsequent requests for waivers must be mutually agreed upon. If there is no mutualagreement to extend a time line, and the stated time has elapsed, then the grievance shallautomatically proceed to the next step. There shall be no automatic rulings or abandonmentof the grievance. However, the employee or his/her representative may withdraw thegrievance at any time.
Any dispute among the parties concerning procedural matters (e.g. timelines, jurisdiction,grievability) shall be discussed as early in the procedure as possible. Such matters shall notstop the processing of the grievance consistent with this procedure. If the procedural mattersare not resolved prior to Step 3, the Grievance Committee shall hear any procedural matters.
Standard Grievance Forms shall be available to employees through the individualdepartments, the Labor Relations Division, and SEIU —Local 535. The Form shall include, inaddition to the standard sections, acheck-off box identifying the grievance as a GroupGrievance.
Unit 3 — Addendum — Grievance Resolution Procedure 2
INFORMAL RESOLUTION (EMPLOYEE OPTION)
When an employee becomes aware that a problem exists, the employee is encouraged todiscuss the matter by following their normal department chain of command. However, theemployee may proceed to Step 1 without following the Informal Resolution process.
An employee has fifteen (15) working days from the date that a problem occurs or isdiscovered to pursue both the Informal Resolution process and file a grievance at Step 1. Ifthe problem is not resolved within this time frame, the employee is encouraged to proceed toStep 1.
STEP 1 — DEPARTMENT LIAISON REVIEW
The intent of Step 1 is to identify why the employee feels there is a grievance and facilitatecommunication and resolution. The goal is to clearly identify issues and areas ofagreement/disagreement and to have the parties present whatever available information/documentation necessary to fully attempt to resolve the grievance. Therefore, furtherclarification of the problem may be necessary and a clear and concise statement of the issueshall be developed.
Within fifteen (15) working days of the date that a problem occurs or is discovered, theemployee or their representative shall submit to the designated department liaison (seeattached list) a clear and concise statement of the grievance and desired resolution in writingon the appropriate grievance form signed by the employee(s). A Group Grievance shall besigned by a minimum of two (2) employees affected by the grievance. The employee or theirrepresentative shall also send a copy of the grievance form to the Labor Relations Division.
The department liaison has five (5) working days to get back to the employee or theirrepresentative with a response. A conference, if needed, will be held within ten (10) workingdays of the response from the department liaison or when mutually agreed upon. Allprocessing of the grievance at Step 1, including a written decision from the department liaison,shall be completed within this fifteen (15) working day period, unless mutually waived.
The process that may be followed at Step 1 is dependent on the nature of the grievance andmay include, but is not limited to, the following: referring the grievance to Step 2 if thegrievance is outside of department head's authority, as determined by the department liaisonin consultation with Labor Relations Division staff; setting up a conference/meeting withinvolved parties to discuss the grievance, including Labor Relations staff if necessary; referralof the employee or their representative to another department manager/supervisor.
If not resolved at Step 1, the grievance goes automatically to Step 2 —Labor RelationsReview. If Labor Relations has been involved at Step 1, the grievance goes automatically toMediation. The department liaison shall write a decision to the grievance on the originalgrievance form and will send the form to the employee or their representative (as indicated onthe grievance form). The department liaison shall also send a copy of the form to the LaborRelations Division. The written decision shall include a clear and concise statement includingthe reasons) for the decision.
Unit 3 — Addendum — Grievance Resolution Procedure 3
STEP 2 —LABOR RELATIONS REVIEW
Grievances unresolved at Step 1, involving matters outside the department head's authority, orinvolving employees working in separate departments shall be submitted to the LaborRelations Division for resolution. If the grievance has been reviewed at Step 1, LaborRelations will attempt to mediate the grievance. If it has been referred directly to the LaborRelations Division without having gone through Step 1, Labor Relations will hear the matter,write a response to the grievance on the grievance form, and send the form to the employeeor their representative (as indicated on the grievance form). In the latter instance, the intent,consistent with Step 1, is to identify issues and areas of agreement/disagreement and to havethe parties present whatever available information/documentation necessary to fully attempt toresolve the grievance. Therefore, further clarification of the problem may be necessary and aclear statement of the issue shall be developed.
All processing of the grievance at Step 2 shall be completed within fifteen (15) working days ofthe department liaison's written decision, unless mutually waived.
MEDIATION
Grievances unresolved at Step 2 or at Step 1 if Labor Relations has been involved, shall besubmitted to Mediation. The parties shall obtain the services of a mediator from the StateMediation and Conciliation Services in an effort to mediate grievance resolution before Step 3is pursued. The parties shall not divulge in any form the offers made in mediation.
STEP 3 — GRIEVANCE COMMITTEE REVIEW
If a grievance is not resolved through mediation, the Union shall contact State Mediation andConciliation Services within fifteen (15) working days following mediation, to obtain a list ofpersons willing to serve as Grievance Committee chairperson, with a copy to the LaborRelations Division. The Grievance Committee shall meet to hear the grievance at the earliestpossible date.
A pre-hearing conference with the Grievance Committee and the parties shall be set on theday of the hearing immediately preceding the hearing. The purpose of the conference is toidentify issues to be resolved and remedy(ies); stipulate to uncontested facts and documents;to review the process and conduct of the hearing; and to identify any potential problems.
During the hearing, the Committee shall first hear any procedural matters (e.g., timeliness,jurisdiction, or grievability) which may be raised by either party. In addition, the Committeeshall decide whether the decision will be precedent setting, and to whom it would apply withinthe bargaining unit. The Committee shall state in writing its factual findings and reasons for itsdecision within thirty (30) calendar days of the hearing.
The responsibilities of the chairperson shall include, in addition to normal and customaryduties, the following:
Writing findings, decision, and dissenting opinion.
Unit 3 — Addendum — Grievance Resolution Procedure 4
2. Obtaining the signatures of the Committee members.
3. Preparing five (5) originals of the decision and distributing to the employee and theirrepresentative, department head, Labor Relations and State Mediation and ConciliationServices.
The chairperson will be compensated at the rate of One Thousand —Five Hundred Dollars($1,500) for chairing the hearing, which shall be borne equally by the employee or theirrepresentative and the County.
IMPLEMENTATION
If the decision of the Grievance Committee can be implemented by the Department Headwithout Board of Supervisors' action, the recommendation shall be implemented by theDepartment Head. If the decision of the Grievance Committee cannot be implemented by theDepartment Head but requires Board of Supervisor's action, the recommendation will besubmitted for consideration by the Board of Supervisors at their next regularly scheduledpublic meeting. The action of the Board of Supervisors shall be final and binding.
APPEALS
If the decision of the Grievance Committee can be implemented by the Department Head andwithout Board of Supervisors' action, the County or the employee may seek relief in a court oflaw. A party desiring to reserve the right to appeal the Grievance Committee's decision in acourt of law pursuant to these rules has the burden of preserving the record of the hearing. Aparty who plans to use a court reporter shall inform the other party within three (3) calendardays of the hearing to avoid duplication of costs. Appeal from decisions by the GrievanceCommittee shall be on the record of the Grievance Committee's hearing by administrativemandamus under California Code of Civil Procedure Section 1094.5, which appeal shall befiled within thirty (30) calendar days after the Grievance Committee's decision.
DEFINITIONS
Chain of Command —This is the normal chain of supervision in a department foraddressing/resolving operational concerns/problems. This normally would begin with the first-line supervisor through the Department Head/Administration.
Department Head —The administrative head or acting head of the department .involved, or adesignated representative.
Department Liaison — Individual identified within a department to coordinate the grievanceresolution process at Step 1. See attached list. The Labor Relations Division is responsiblefor updating the list on an annual basis/as needed. Each department shall keep the LaborRelations Division apprised of any changes of the designated department liaison.
Employee — An individual occupying a position permanently allocated by the Board ofSupervisors as a part of the regular staffing of the department.
Unit 3 — Addendum — Grievance Resolution Procedure 5
Grievance — A grievance is a complaint relating to any phase of an employee's employment orworking conditions which the employee believes has been adversely affected because of amisapplication of: A Memorandum of Understanding, Ordinance, Resolution, written policy,administrative order, management directive, or a clearly established lawful past practice;provided, however, that such complaint shall not include an action subject to the jurisdiction ofthe Civil Service Commission or any other matters which are otherwise reviewable pursuant toanother administrative remedy.
Grievance Committee —This committee shall be composed of the following three (3)members:
The grievant shall select one (1) member who shall serve voluntarily withoutcompensation, unless that member is a County employee. In that case, the employeeshall receive normal compensation when serving during regular working hours. Noovertime shall be paid when part or all of the process outside regular working hours.This member shall not be a party of interest (i.e., same department and/or same jobclassification) to the grievance.
2. The County representative, who shall not be an employee of the same department asthe grievant.
3. An individual selected by the employee or their representative and Labor Relations froma panel of five (5) candidates submitted by the California Department of IndustrialRelations State Mediation and Conciliation Service. Said member so selected shallserve as Chairperson.
Group Grievance — A common grievance involving two (2) or more employees.
Parties — Reference to parties in this procedure include the employee or their representative(as indicated on the Grievance Form), department management, and Labor Relations staff,depending on the context of the particular reference.
Representative —The person identified by the employee on the Grievance Form to appearalong with the employee in the presentation of a grievance, beginning at the Step 1 level.
Work Dav —The time period for grievance purposes begins on the first day following the daythe grievance is filed or submitted to the next step. The work day to be utilized will be theemployee's work day if the burden is on the employee to respond, or will be the supervisormanager/department liaison's/Labor Relations staff work day if the burden is on them torespond.
Unit 3 — Addendum — Grievance Resolution Procedure 6
ADDENDUMEMPLOYEE GRIEVANCE RESOLUTION FORM
FOR SEIU —LOCAL 535 —UNITS 2, 3, 4, 11, 12, 22, 31 & 36
Please be sure to read the entire attached procedure, including the definitions, beforecompleting this form.
Employee Names)
Departments)
Mailing Address
Classifications)
Bargaining Unit
Work Phones)
❑ Check box if this is a group grievance (two signatures required on page 2)
DESCRIPTION OF GRIEVANCE
1. List the date the alleged grievance occurred or was discovered:
2. I feel I have been adversely affected by the misapplication of:
❑ Memorandum of Understanding (Title and Article):
❑ Ordinance (Section):
❑ Resolution (Number and Date):
❑ Written Policy (Attach a Copy)
❑ Management Directive (Attach a Copy)
❑ Administrative Order (Attach a Copy)
0 Clearly established lawful past practice. (Documentation that this is a past practiceshould be attached.)
3. State as clearly and concisely as possible the specifics of your alleged grievance. Useadditional paper is necessary.
Unit 3 — Employee Grievance Resolution Form 1
4. Was this problem discussed through the normal chain of command? (optional) ❑Yes ❑No
If yes, please identify persons) you spoke with:
5. List your desired solutions) to this problem:
6. Name/phone number of representative, if any:
7. Should all communication be directed to your representative? ❑Yes ❑No
Employee Signature Print Name Date
Employee Signature Print Name Date
Note: A copy of this grievance form must be sent to the Labor Relations Division,Fresno County Plaza, 2220 Tulare Street, 14th Floor, Fresno, California, 93721
(Stop #188 through County Messenger Service — 488-3048)
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STEP 1 — DEPARTMENT LIAISON REVIEW
1. Department liaison:
2. Date grievance submitted to department liaison:
3. Date of initial department liaison response:
4. Date of department liaison conference (if applicable):
Unit 3 — Employee Grievance Resolution Form 2
5. Department liaison decision:
Department Liaison Signature Date
NOTE: Department liaison must return original grievance form to the employee ortheir representative (if identified on this form) and send a copy to the
Labor Relations Division —Stop #188 (488-3048)
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STEP 2 —LABOR RELATIONS REVIEW
1. Date grievance form received by Labor Relations:
2. Labor Relations staff assigned to this grievance:
3. Date of Labor Relations Division conference (if necessary):
4. Labor Relations response:
Labor Relations Staff Signature Date
NOTE: Labor Relations staff must return a copy of the grievance form to the employee
or their representative (if identified on this form) and send a copy to department liaison.
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Unit 3 — Employee Grievance Resolution Form 3
MEDIATION
1. Name of State Mediator:
2. Date of Mediation Conference:
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GRIEVANCE RESOLUTION —CHECK APPROPRIATE BOXES
❑ Grievance withdrawn — problem resolved at: ❑Step 1 ❑Step 2 ❑Mediation
❑ Problem not resolved — request review by a grievance committee (Step 3)
Employee or Representative Signature Date
Note: A copy of this grievance form must be forwarded to the Labor RelationsDivision, Fresno County Plaza, 2224 Tulare Street, 14th Floor, Fresno, California, 93721
(Stop #188 through County Messenger Service — 488-3048)
Unit 3 — Employee Grievance Resolution Form 4
ADDENDUMTO MEMORANDUM OF UNDERSTANDING FOR
MENTAL HEALTH PROFESSIONALS &SOCIAL WORKERS -UNIT 3(MOU Term: October 25, 2004 through October 30, 2011)CALIFORNIA GOVERNMENT CODE, SECTION 3500-3511
(The Meyers-Milias-Brown Act)
3500. (a) It is the purpose of this chapter to promote full communication between public employersand their employees by providing a reasonable method of resolving disputes regardingwages, hours, and other terms and conditions of employment between public employers andpublic employee organizations. It is also the purpose of this chapter to promote theimprovement of personnel management and employer-employee relations within the variouspublic agencies in the State of California by providing a uniform basis for recognizing the rightof public employees to join organizations of their own choice and be represented by thoseorganizations in their employment relationships with public agencies. Nothing containedherein shall be deemed to supersede the provisions of existing state law and the charters,ordinances, and rules of local public agencies that establish and regulate a merit or civilservice system or which provide for other methods of administering employer-employeerelations nor is it intended that this chapterbe binding upon those public agencies thatprovide procedures for the administration of employer-employee relations in accordance withthe provisions of this chapter. This chapter is intended, instead, to strengthen merit, civilservice and other methods of administering employer-employee relations through theestablishment of uniform and orderly methods of communication between employees and thepublic agencies by which they are employed.
(b) The Legislature finds and declares that the duties and responsibilities of local agencyemployer representatives under this chapter are substantially similar to the duties andresponsibilities required under existing collective bargaining enforcement procedures andtherefore the costs incurred by the local agency employer representatives in performing thoseduties and responsibilities under this chapter are not reimbursable as state-mandated costs.
3500.5. This chapter shall be known and maybe cited as the "Meyers-Milias-Brown Act."
3501. As used in this chapter.
(a) "Employee organization" means any organization which includes employees of a publicagency and which has as one of its primary purposes representing those employees in theirrelations with that public agency.
(b) "Recognized employee organization" means an employee organization which has beenformally acknowledged by the public agency as an employee organization that representsemployees of the public agency.
(c) Except as otherwise provided in this subdivision, "public agency' means everygovernmental subdivision, every district, every public and quasi-public corporation, everypublic agency and public service corporation and every town, city, county, city and county andmunicipal corporation, whether incorporated or not and whether chartered or not. As used inthis chapter, "public agency' does not mean a school district or a county board of education ora county superintendent of schools or a personnel commission in a school district having amerit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and
Unit 3 — Addendum — Meyers-Milias-Brown Act 1
Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State ofCalifornia.
(d) "Public employee" means any person employed by any public agency, includingemployees of the fire departments and fire services of counties, cities, cities and counties,districts, and other political subdivisions of the state, excepting those persons elected bypopular vote or appointed to office by the Governor of this state.
(e) "Mediation" means effort by an impartial third party to assist in reconciling a disputeregarding wages, hours and other terms and conditions of employment betweenrepresentatives of the public agency and the recognized employee organization or recognizedemployee organizations through interpretation, suggestion and advice.
(fib "Board" means the Public Employment Relations Board established pursuant to Section3541.
3501.5. As used in this chapter, "public agency" does not mean a superior court.
3502. Except as otherwise provided by the Legislature, public employees shall have the right toform, join, and participate in the activities of employee organizations of their own choosing forthe purpose of representation on all matters of employer-employee relations. Publicemployees also shall have the right to refuse to join or participate in the activities of employeeorganizations and shall have the right to represent themselves individually in their employmentrelations with the public agency.
3502.1. No public employee shall be subject to punitive action or denied promotion, or threatened withany such treatment, for the exercise of lawful action as an elected, appointed, or recognizedrepresentative of any employee bargaining unit.
3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other provision of this chapter, or anyother law, rule, or regulation, an agency shop agreement maybe negotiated between a publicagency and a recognized public employee organization which has been recognized as theexclusive or majority bargaining agent pursuant to reasonable rules and regulations,ordinances, and enactments, in accordance with this chapter. As used in this chapter,"agency shop" means an arrangement that requires an employee, as a condition of continuedemployment, either to join the recognized employee organization, or to pay the organization aservice fee in an amount not to exceed the standard initiation fee, periodic dues, and generalassessments of the organization.
(b) In addition to the procedure prescribed in subdivision (a), an agency shop arrangementbetween the public agency and a recognized employee organization that has been recognizedas the exclusive or majority bargaining agent shall be placed in effect, without a negotiatedagreement, upon (1) a signed petition of 30 percent of the employees in the applicablebargaining unit requesting an agency shop agreement and an election to implement anagency fee arrangement, and (2) the approval of a majority of employees who cast ballots andvote in a secret ballot election in favor of the agency shop agreement. The petition may onlybe filed after the recognized employee organization has requested the public agency tonegotiate on an agency shop arrangement and, beginning seven working days after the publicagency received this request, the two parties have had 30 calendar days to attempt good faithnegotiations in an effort to reach agreement. An election that may not be held more frequentlythan once a year shall be conducted by the Division of Conciliation of the Department ofIndustrial Relations in the event that the public agencyand the recognized employeeorganization cannot agree within 10 days from the filing of the petition to select jointlyaneutral person or entity to conduct the election. In the event of an agency fee arrangement
Unit 3 — Addendum — Meyers-Milias-Brown Act 2
outside of an agreement that is in effect, the recognized employee organization shallindemnify and hold the public agency harmless against any liability arising from any claims,demands, or other action relating to the public agencys compliance with the agency feeobligation.
(c) Any employee who is a member of a bona fide religion, body, or sect that has historicallyheld conscientious objections to joining or financially supporting public employeeorganizations shall not be required to join or financially support any public employeeorganization as a condition of employment. The employee may be required, in lieu of periodicdues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, oragency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation underSection 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at leastthree of these funds, designated in a memorandum of understanding befinreen the publicagency and the public employe organization, or if the memorandum of understanding fails todesignate the funds, then to any such fund chosen by the employee. Proof of the paymentsshall be made on a monthly basis to the public agency as a condition of continued exemptionfrom the requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that is in effect mayberescinded by a majority vote of all the employees in the unit covered by the memorandum ofunderstanding, provided that: (1) a request for such a vote is supported by a petitioncontaining the signatures of at least 30 percent of the employees in the unit; (2) the vote is bysecret ballot; (3) the vote maybe taken at any time during the term of the memorandum ofunderstanding, but in no event shall there be more than one vote taken during that term.Notwithstanding the above, the public agency and the recognized employee organization maynegotiate, and by mutual agreement provide for, an alternative procedure or proceduresregarding a vote on an agency shop agreement. The procedures in this subdivision are alsoapplicable to an agency shop agreement placed in effect pursuant to subdivision (b).
(e) An agency shop arrangement shall not apply to management, confidential, or supervisoryemployees.
(fl Every recognized employee organization that has agreed to an agency shop provision oris a party to an agency shop arrangement shall keep an adequate itemi~d record of itsfinancial transactions and shall make available annually, to the public agency with which theagency shop provision was negotiated, and to the employees who are members of theorganization, within 60 days after the end of its fiscal year, a detailed written financial reportthereof in the form of a balance sheet and an operating statement, certified as to accuracy byits president and treasurer or corresponding principal officer, or by a certified publicaccountant. An employee organization required to file financial reports under the federalLabor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) covering employeesgoverned by this chapter, or required to file financial reports under Section 3546.5, may satisfythe financial reporting requirement of this section by providing the public agency with a copy ofthe financial reports.
3503. Recognized employee organizations shall have the right to represent their members in theiremployment relations with public agencies. Employee organizations may establishreasonable restrictions regarding who may join and may make reasonable provisions for thedismissal of individuals from membership. Nothing in this section shall prohibit any employeefrom appearing in his own behalf in his employment relations with the public agency.
3504. The scope of representation shall include all matters relating to employment conditions andemployer-employee relations, including, but not limited to, v~ages, hours, and other terms andconditions of employment, except, however, that the scope of representation shall not include
Unit 3 — Addendum — Meyers-Milias-Brown Act 3
consideration of the merits, necessity, or organization of any service or activity provided bylawor executive order.
3504.5. (a) Except in cases of emergency as provided in this section, the governing body of a publicagency, and boards and commissions designated bylaw or by the governing body of a publicagency, shall give reasonable written notice to each recognized employee organizationaffected of any ordinance, rule, resolution, or regulation directly relating to matters within thescope of representation proposed to be adopted by the governing body or the designatedboards and commissions and shall give the recognized employee organization the opportunityto meet with the governing body or the boards and commissions.
(b) In cases of emergency when the governing body or the designated boards andcommissions determine that an orciinance, rule, resolution, or regulation must be adoptedimmediately without prior notice or meeting with a recognized employee organization, thegoverning body or the boards and commissions shall provide notice and opportunity to meetat the earliest practicable time following the adoption of the ordinance, rule, resolution, orregulation.
(c) The governing body of a public agency with a population in excess of 4,000,000, or theboards and commissions designated by the governing body of such a public agency shall notdiscriminate against employees by removing or disqualifying them from a health benefit plan,or otherwise restricting their ability to participate in a health benefit plan, on the basis that theemployees have selected or supported a recognized employee organization. Nothing in thissection shall be construed to prohibit the governing body of a public agency or the board orcommission of a public agency and a recognized employee organization from agreeing tohealth benefit plan enrollment criteria or eligibility limitations.
3505. The governing body of a public agency, or such boards, commissions, administrative officersor other representatives as maybe properly designated bylaw or by such governing body,shall meet and confer in good faith regarding wages, hours, and other terms and conditions ofemployment with representatives of such recognized employee organizations, as defined insubdivision (b) of Section 3501, and shall considerfully such presentations as are made bythe employee organization on behalf of its members prior to arriving at a determination ofpolicy or course of action. "Meet and confer in good faith" means that a public agency, or suchrepresentatives as it may designate, and representatives of recognized employeeorganizations, shall have the mutual obligation personally to meet and confer promptly uponrequest by either party and continue for a reasonable period of time in order to exchangefreely information, opinions, and proposals, and to endeavor to reach agreement on matterswithin the scope of representation prior to the adoption by the public agency of its final budgetfor the ensuing year. The process should include adequate time fir the resolution ofimpasses where specific procedures for such resolution are contained in local rule, regulation,or ordinance, or when such procedures are utilized by mutual consent.
3505.1. If agreement is reached by the representatives of the public agency and a recognizedemployee organization or recognized employee organizations, they shall jointly prepare awritten memorandum of such understanding, which shall not be binding, and present it to thegoverning body or its statutory representative for determination.
3505.2. If after a reasonable period of time, representatives of the public agency and the recognizedemployee organization fail to reach agreement, the public agency and the recognizedemployee organization or recognized employee organizations together may agree upon theappointment of a mediator mutually agreeable to the parties. Costs of mediation shall bedivided one-half to the public agency and one-half to the recognized employee organization orrecognized employee organizations.
Unit 3 — Addendum — Meyers-Milias-Brown Act 4
3505.3. Public agencies shall allow a reasonable number of public agency employee representativesof recognized employee organizations reasonable time off without loss of compensation orother benefits when formally meeting and conferring with representatives of the public agencyon matters within the scope of representation.
3505.4. If after meeting and conferring in good faith, an impasse has been reached between thepublic agency and the recognized employee organization, and impasse procedures, whereapplicable, have been exhausted, a public agency that is not required to proceed to interestarbitration may implement its last, best, and anal offer, but shall not implement amemorandum of understanding. The unilateral implementation of a public agency's last, best,and final offer shall not deprive a recognized employee organization of the right each year tomeet and confer on matters within the scope of representation, whether or not those mattersare included in the unilateral implementation, prior to the adoption by the public agency of itsannual budget, or as otherwise required by law.
3506. Public agencies and employee organizations shall not interfere with, intimidate, restrain,coerce or discriminate against public employees because of their exercise of their rights underSection 3502.
3507. A public agency may adopt reasonable rules and regulations after consultation in good faithwith representatives of an employee organization or organizations for the administration ofemployer-employee relations under this chapter (commencing with Section 3500). Such rulesand regulations may include provisions for (a) verifying that an organization does in factrepresent employees of the public agency (b) verifying the official status of employeeorganization officers and representatives (c) recognition of employee organizations (d)exclusive recognition of~employee organizations formally recognized pursuant to a vote of theemployees of the agency or an appropriate unit thereof, subject to the right of an employee torepresent himself as provided in Section 3502 (e) additional procedures for the resolution ofdisputes involving wages, hours and other terms and conditions of employment (~ access ofemployee organization officers and representatives to work locations (g) use of official bulletinboards and other means of communication by employee organizations (h) furnishingnonconfidential information pertaining to employment relations to employee organizations (i)such other matters as are necessary to carry out the purposes of this chapter. Exclusiverecognition of employee organizations formally recognized as majority representativespursuant to a vote of the employees may be revoked by a majority vote of the employees onlyafter a period of not less than 12 months fallowing the date of such recognition. No publicagency shall unreasonably withhold recognition of employee organizations.
3507.1. (a) Unit determinations and representation elections shall be determined and processed inaccordance with rules adopted by a public agency in accordance with this chapter. In arepresentation election, a majority of the votes cast by the employees in the appropriatebargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a public agency pursuant toSection 3507, a bargaining unit in effect as of the effective date of this section shall continuein effect unless changed under the rules adopted by a public agency pursuant to Section3507.
(c) A public agency shall grant exclusive or majority recognition to an employee organizationbased on signed petition, authorization cards, or union membership cards showing that amajority of the employees in an appropriate bargaining unit desire the representation, unlessanother labor organization has previously been lawfully recognized as exclusive or majorityrepresentative of all or part of the same unit. Exclusive or majority representation shall be
Unit 3 — Addendum — Meyers-Milias-Brown Act 5
determined by a neutral third party selected by the public agency and the employeeorganization who shall review the signed petition, authorization cards, or union membershipcards to verify the exclusive or majority status of the employee organization. In the event thepublic agency and the employee organization cannot agree on a neutral third party, theDivision of Conciliation of the Department of Industrial Relations shall be the neutral third partyand shall verify the exclusive or majority status of the employee organization. In the event thatthe neutral third party determines, based on a signed petition, authorization cards, or unionmembership cards, that a second labor organization has the support of at least 30 percent ofthe employees in the unit in which recognition is sought, the neutral third party shall order anelection to establish which labor organization, if any, has majority status.
3507.3. Professional employees shall not be denied the right to be represented separately fromnonprofessional employees by a professional employee organization consisting of suchprofessional employees. In the event of a dispute on the appropriateness of a unit ofrepresentation for professional employees, upon request of any of the parties, the disputeshall be submitted to the Division of Conciliation of the Department of Industrial Relations formediation or for recommendation for resolving the dispute. 'Professional employees," forthe purposes of this section, means employees engaged in work requiring specializedknowledge and skills attained through completion of a recognized course of instruction,including, but not limited to, attorneys, physicians, registered nurses, engineers, architects,teachers, and the various types of physical, chemical, and biological scientists.
3507.5. In addition to those rules and regulations a public agency may adopt pursuant to and in thesame manner as in Section 3507, any such agency may adopt reasonable rules andregulations providing for designation of the management and confidential employees of thepublic agency and restricting such employees from representing any employee organization,which represents other employees of the public agency, on matters within the scope ofrepresentation. Except as specifically provided otherwise in this chapter, this section does nototherwise limit the right of employees to be members of and to hold office in an employeeorganization.
3508. (a) The governing body of a public agency may, in accordance with reasonable standards,designate positions or classes of positions which have duties consisting primarily of theenforcement of state laws or local ordinances, and may by resolution or ordinance adoptedafter a public hearing, limit or prohibit the right of employees in these positions or classes ofpositions to form, join, or participate in employee organizations where it is in the public interestto do so. However, the governing body may not prohibit the right of its employees who arefull-time "peace officers," as that term is defined in Chapter 4.5 (commencing with Section830) of Title 3 of Part 2 of the Penal Code, to join or participate in employee organizationswhich are composed solely of those peace officers, which concern themselves solely andexclusively with the wages, hours, working conditions, welfare programs, and advancement ofthe academic and vocational training in furtherance of the police profession, and which arenot subordinate to any other organization.
(b) (1) This subdivision shall apply only to a county of the seventh class.
(2) For the purposes of this section, no distinction shall be made betv~een a positiondesignated as a peace officer position by Chapter 4.5 (commencing with Section 830) ofTitle 3 of Part 2 of the Penal Code at the time ofthe enactment of the 1971 amendmentsto this section, and a welfare fraud investigator or inspector position designated as apeace officer position by any amendment to that Chapter4.5 at any time after theenactment of the 1971 amendments to this section.
Unit 3 — Addendum — Meyers-Milias-Brown Act 6
(3) It is the intent of this subdivision to overrule San Bernardino County Sheriff s Etc.Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, with respect to SanBernardino County designating a welfare fraud investigator or inspector as a peaceofficer under this section.
(c) (1) This subdivision shall apply only to a county of the seventh class and shall notbecome operative until it is approved by the county board of supervisors by ordinance orresolution.
(2) For the purposes of this section, no distinction shall be made betv~een a positiondesignated as a peace officer position by Chapter 4.5 (commencing with Section 830) ofTitle 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendmentsto this section, and a probation corrections officer position designated as a peace officerposition by any amendment to that Chapter4.5 at any time after the enactment of the1971 amendments to this section.
(3) It is the intent of this subdivision to overrule San Bernardino County Sheriffs Etc.Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, to the event that it holdsthat this section prohibits the County of San Bernardino from designating theclassifications of Probation Corrections Officers and Supervising Probation CorrectionsOfficers as peace officers. Those officers shall not be designated as peace officers forpurposes of this section unless that action is approved by the county board ofsupervisors by ordinance or resolution.
(4) Upon approval by the Board of Supervisors of San Bernardino County, thissubdivision shall apply to petitions filed in May 2001 by Probation Corrections Officersand Supervising Probation Corrections Officers.
(d) The right of employees to form, join and participate in the activities of employeeorganizations shall not be restricted by a public agency on any grounds other than those setforth in this section.
3508.1. For the purposes of this section, the term "police employee" includes the civilian employees ofthe police department of any city. Police employee does not include any public safety officerwithin the meaning of Section 3301.
(a) With respect to any police employee, except as provided in this subdivision andsubdivision (d), no punitive action, nor denial of promotion on grounds other than merit, shallbe undertaken for any act, omission, or other allegation of misconduct if the investigation ofthe allegation is not completed within one year of the public agencys discovery by a personauthorized to initiate an investigation of the allegation of an act, omission, or othermisconduct. This one-year limitation period shall apply only if the act, omission, orothermisconduct occurred on or after January 1, 2002. In the e~nt that the public agencydetermines that discipline maybe taken, it shall complete its investigation and notify thepolice employee of its proposed disciplinary action within that year, except in any of thefollowing circumstances:
(1) If the act, omission, or other allegation of misconduct is also the subject of acriminal investigation or criminal prosecution, the time during which the criminalinvestigation or criminal prosecution is pending shall toll the one~rear time period.
(2) If the police employee waives the one-year time period in writing, the time periodshall be tolled for the period of time specified in the written waiver.
Unit 3 — Addendum — Meyers-Milias-Brown Act 7
(3) If the investigation is a multijurisdictional investigation that requires a reasonableextension for coordination of the involved agencies.
(4) If the investigation involves more than one employee and requires a reasonableextension.
(5) If the investigation involves an employee who is incapacitated or otherwiseunavailable, the time during which the person is incapacitated or unavailable shall toll theone-year period.
(6) If the investigation involves a matter in civil litigation in which the police employeeis named as a party defendant, the one-year time period shall be tolled while the civilaction is pending.
(7) If the investigation involves a matter in criminal litigation in which the complainantis a criminal defendant, the one year time period shall be tolled during the period of thatdefendant's criminal investigation and prosecution.
(8) If the investigation involves an allegation of workers' compensation fraud on thepart of the police employee.
(b) When a predisciplinary response or grievance procedure is required or utilized, the timefor this response or procedure shall not be governed or limited by this chapter.
(c) If, after investigation and predisciplinary response or procedure, the public agencydecides to impose discipline, the public agencyshall notify the police employee in writing of itsdecision to impose discipline, including the date that the discipline wll be imposed, within 30days of its decision, except if the police employee is unavailable for discipline.
(d) Notwithstanding the one-year time period specified in subdivision (a), an investigationmay be reopened against a police employee if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcomeof the investigation.
(2) One of the following conditions exists:
(A) The evidence could not reasonably have been discovered in the normalcourse of investigation without resorting to extraordinary measures by the agency.
(B) The evidence resulted from the police employee's predisciplinary responseor procedure.
3508.5. (a) Nothing in this chapter shall affect the right of a public employee to authorize a dues orservice fees deduction from his or her salary or wages pursuant to Section 1157.1, 1157.2,1157.3, 1157.4, 1157.5, or 1157.7.
(b) A public employer shall deduct the payment of dues or service fees to a recognizedemployee organization as required by an agency shop arrangement between the recognizedemployee organization and the public employer.
(c) Agency fee obligations, including, but not limited to, dues oragency fee deductions onbehalf of a recognized employee organization, shall continue in effect as long as theemployee organization is the recognized bargaining representative, notwithstanding the
Unit 3 — Addendum — Meyers-Milias-Brown Act 8
expiration of any agreement between the public employer and the recognized employeeorganization.
3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, asappropriate, to this chapterand shall include the authority as set forth in subdivisions (b) and(c).
(b) A complaint alleging any violation of this chapter or of any rules and regulations adoptedby a public agency pursuant to Section 3507 shall be processed as an unfair practice chargeby the board. The initial determination as to whether the charge of unfair practice is justifiedand, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shallbe a matterwithin the exclusive jurisdiction of the board. The board shall apply and interpretunfair labor practices consistent with existing judicial interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public agency concerning unitdeterminations, representation, recognition, and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissionsestablished by, and in effect for, the County of Los Angeles and the City of Los Angelespursuant to Section 3507 shall have the power and responsibility to take actions onrecognition, unit determinations, elections, and all unfair practices, and to issuedeterminations and orders as the employee relations commissions deem necessary,consistent with and pursuant to the policies of this chapter.
(e) This section shall not apply to employees designated as management employees underSection 3507.5.
(~ The board shall not find it an unfair practice for an employee organization to violate a ruleor regulation adopted by a public agency if that rule or regulation is itself in violation of thischapter. This subdivision shall not be construed to restrict or expand the board's jurisdictionor authority as set forth in subdivisions (a) to (c), inclusive.
3509.5. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of theboard in an unfair practice case, except a decision of the board not to issue a complaint insuch a case, and any party to a final decision or order of the board in a unit determination,representation, recognition, or election matter that is not brought as an unfair practice case,may petition for a writ of extraordinary relief from that decision or order. Aboard orderdirecting an election may not be stayed pending judicial review.
(b) A petition for a writ of extraordinary relief shall be filed in the district court of appealhaving jurisdiction over the county where the events giving rise to the decision or orderoccurred. The petition shall be filed within 30 days from the date of the issuance of theboard's final decision or order, or order denying reconsideration, as applicable. Upon the filingof the petition, the court shall cause notice to be served upon the board and thereafter shallhave jurisdiction of the proceeding. The board shall file in the court the record of theproceeding, certified by the board, within 10 days after the clerk's notice unless that time isextended by the court for good cause shown. The court shall have jurisdiction to grant anytemporary relief or restraining order it deems just and proper, and in like manner to make andenter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or inpart the decision or order of the board. The findings of the board with respect to questions offact, including ultimate facts, if supported by substantial evidence on the record considered asa whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code ofCivil Procedure relating to writs shall, except where specifically superseded by this section,apply to proceedings pursuant to this section.
Unit 3 — Addendum — Meyers-Milias-Brown Act 9
(c) If the time to petition for extraordinary relief from a board decision or order has expired,the board may seek enforcement of any final decision or order in a district court of appeal orsuperior court having jurisdiction over the county where the events giving rise to the decisionor order occurred. The board shall respond within 10 days to any inquiry from a party to theaction as to why the board has not sought court enforcement of the final decision or order. Ifthe response does not indicate that there has been compliance with the board's final decisionor order, the board shall seek enforcement of the final decision or order upon the request ofthe party. The board shall file in the court the record of the proceeding, certified by the board,and appropriate evidence disclosing the failure to comply with the decision or order. If, afterhearing, the court determines that the order was issued pursuant to the proceduresestablished by the board and that the person or entity refuses to comply with the order, thecourt shall enforce the order by writ of mandamus or other proper process. The court may notreview the merits of the order.
3510. (a) The provisions of this chapter shall be interpreted and applied by the board in a mannerconsistent with and in accordance with judicial interpretations of this chapter.
(b) The enactment of this chapter shall not be construed as making the provisions of Section923 of the Labor Code applicable to public employees.
3511. The changes made to Sections 3501, 3507.1, and 3509 ofthe Government Code bylegislation enacted during the 1999-2000 Regular Session of the Legislature shall not apply topersons who are peace officers as defined in Section 830.1 of the Penal Code.
Unit 3 — Addendum — Meyers-Milias-Brown Act 10
ADDENDUMTO MEMORANDUM OF UNDERSTANDING
FOR SEIU -LOCAL 535, UNITS 2, 3, 4, 12, 22 and 36(MOU Term: October 25, 2004 through October 30, 2011)
DISCIPLINARY ARBITRATION
REQUEST FOR ARBITRATION
If the Department Head agrees to arbitration he/she shall indicate so on the Order ofDisciplinary Action and the Order shall advise the employee of his/her right to either:
1) Appeal the action to the Fresno County Civil Service Commission within fifteen (15)working days of service of the Order by a signed statement asking for a hearing; or
2) Submit to the Director of Personnel Services a request in writing within fifteen (15)working days of service of the Order, that the matter be submitted to arbitration. A copyof the Order will be filed with the Union by the acting department.
Under no circumstances can the employee submit an appeal of the disciplinary action to boththe Fresno County Civil Service Commission and to arbitration.
if the employee requests to submit the matter to arbitration (rather than to the Fresno CountyCivil Service Commission), the provisions of this Article supersede Sections 10120 through10190 of Fresno County Personnel Rule 10 -Disciplinary Actions.
Failure by the employee to file an appeal within the above-referenced time frames will result inthe employee waiving his/her right to appeal the Order and the action of the departmentbecoming final.
WRITTEN RESPONSE TO THE ORDER OF DISCIPLINARY ACTION
Twenty (20) working days prior to the scheduled arbitration hearing, the employee will submit awritten response to the Order of Disciplinary Action, which includes his/her reason fordisagreeing with the Order.
SELECTION OF ARBITRATOR
The County and the Union agree to utilize a panel of five (5) mutually agreed upon arbitrators.Arbitrators will be issued a number of one (1) through five (5) and will be scheduled to heararbitrators in that order (e.g.) arbitrator #1 will hear the first requested appeal, arbitrator #2 willhear the second requested appeal, etc. Once the sixth requested appeal is received the cyclewill start over (e.g.) arbitrator #1 will hear the sixth requested appeal, arbitrator #2 will hear theseventh requested appeal, and so on.
Unit 3 -Addendum -Disciplinary Arbitration
The Director of Personnel Services or his/her designee will contact the agreed upon arbitratorto coordinate with the parties involved to schedule a hearing as soon as possible.
ARBITRATION COSTS
The arbitrator shall be compensated up to a rate of Fifteen Hundred Dollars ($1,500). Thecost of the arbitrator shall be paid by the County. Costs of the court reporter, if any, shall bepaid by the County.
SCOPE OF ARBITRATOR'S AUTHORITY
The arbitrator shall have no power to alter, amend, add to or subtract from the provisions ofthis Article, any other terms of this Agreement or to Fresno County Personnel Rule 10 —Disciplinary Actions. If the arbitrator finds that none of the charges contained in the Order ofDisciplinary Action are true, then he/she shall set aside the action taken by the appointingauthority. If the arbitrator finds that one or all of the charges are true, then he/she shall makea decision confirming or modifying the action of the appointing authority provided, however,that his/her authority to modify the appointing authority's action is limited to those disciplinaryactions described in Section 10030 —Types of Disciplinary, of Fresno County Personnel Rule10 — Disciplinary Actions. The arbitrator shall have no authority to increase the disciplineimposed by the appointing authority.
Nothing shall preclude the arbitrator from ordering the reinstatement of an employee with orwithout back pay.
The decision of the arbitrator shall be final and binding, with the exception that the decisionshall be subject to judicial review upon petition by the employee or the department head underthe terms and conditions provided by law as set out in Civil Code of Procedure 1094.6.
PROCEEDINGS
The arbitrator, attorney or other representative of a party may issue subpoenas.
A pre-hearing conference with the arbitrator and the parties shall be set on the day of thehearing immediately preceding the hearing. The purpose of the conference is to stipulate touncontested facts and documents; to review the process and conduct of the hearing; and toidentify any potential problems.
Except as provided in Fresno County Ordinance 3.12.070, the parties have the right to berepresented by the person of their choice.
The parties shall have the right to: call and examine witnesses; introduce exhibits; cross-examine opposing witnesses; impeach any witness; and to rebut the evidence against them.If either party does not testify in her/her own behalf, he/she may be called and examined as ifunder cross-examination.
Oral evidence shall only be taken on oath or affirmation.
Unit 3 — Addendum — Disciplinary Arbitration 2
REPORT OF HEARING
The arbitrator shall render his/her report to the parties in writing, including reasons for thedecision, within thirty (30) calendar days of the completion of the hearing. Failure to complywith this provision shall result in the automatic waiver of the arbitration fee.
ARBITRABILITY
If either the County or the Union claim before the arbitrator that a particular request forarbitration fails to meet time limits, or is in some other manner defective, and thereby, fails tomeet the tests of arbitrability, the arbitrator shall proceed to decide such issue before hearingthe case upon its merits.
REMOVAL OF ARBITRATOR FROM PANEL
An arbitrator may be removed from the panel upon mutual agreement between the County ofFresno and SEIU —Local 535. If an arbitrator is removed from the panel, a replacement willbe added to the panel upon mutual agreement of the parties.
Unit 3 — Addendum — Disciplinary Arbitration 3
ADDENDUMTO MEMORANDUM OF UNDERSTANDING FORSEIU —LOCAL 535, UNITS 3, 4, 12, 22 & 36
(MOU Term: October 25, 2004 through October 30, 2011)COUNTY POLLWORKER PROGRAM
The County of Fresno and SEIU —Local 535, having met and conferred, agree to the followingAddendum in regards to the establishment of a County Poliworker Program:
I. Purpose
The County Pollworker Program would permit County employees to volunteer fordeployment from their regular County Department to the County Clerk/Registrar ofVoter's Office on Election Day. This program will not only provide County employeesan opportunity to support our communities, but will also help alleviate critical pollworkershortages. Additionally, no employee may be coerced or pressured to volunteer underany circumstances. The decision to volunteer as a Precinct Officer is expressly areserved right of the employee.
II. Program Specifics
A. County employees who volunteer their service as Precinct Officers on ElectionDay, must meet the following conditions:
1. Be a County of Fresno employee in a permanently allocated position;2. Be a registered voter; and3. Have the approval of his/her department head.
B. County employees will not be required to use their accumulated leave balances;however, they will be paid their normal salary, including differentials and anyother compensation they would have received as if they were reporting for aregular workday. Such duty will be alternatively served in the CountyClerk/Registrar of Voter's Office.
C. In addition to receiving their normal salary/benefits as described above, Countyemployees will receive the same stipend as other community volunteer PrecinctOfficers in lieu of:
Overtime as defined in fihe Overtime Articles of the above referencedMemorandum of Understanding; and
2. Shift Differential/Shift Premium as defined in the Shift DifferentiallShiftPremium Articles of the above referenced Memorandum of Understandingfor employees who do not receive this differential as part of their regularlyscheduled work shift.
Unit 3 — Addendum — County Pollworker Program 1
D. Prior to volunteer service as a Precinct Officer, County employees will berequired to attend a mandatory training session conducted by the CountyClerk/Registrar of Vote's Office. The training session is approximately two (2)hours long and will be scheduled at a time determined by the CountyClerk/Registrar of Voter's Office.
E. County employees will receive their Election Day stipend at the same time as it isprocessed for other community volunteers (generally within 4-6 weeks of theElection Day).
F. All in-force Memorandum of Understanding provisions not modified by thisagreement shalt remain in effect.
Unit 3 — Addendum — County Pollworker Program 2
ADDENDUMTO MEMORANDA OF UNDERSTANDING
SEIU —LOCAL 535, UNITS 2, 3, 4, 12, 22, 31 & 36HEALTH BENEFIT AGREEMENT
The parties have met and conferred regarding the County's health premium contribution for
Plan Year 2006. Having met and conferred, the parties agree to the following:
1. The term of this agreement shall be December 19, 2005 through December 17, 2006.
The parties agree to reopen negotiations in August 2006.
2. A minimum of three (3) health benefit plans, two (2) dental benefit plans and one (1)
vision benefit plan will be available to employees and their dependents during Plan
Year 2006. If, during the term of this agreement, any of the health benefit plans, vision
benefit plan or the dental benefit plan is unable to fulfill its contractual obligation, the
parties agree that the County, upon consultation with the Health Benefits Advisory
Council, if necessary, will secure a suitable replacement.
3. During Plan Year 2006, the County will contribute, on behalf of each employee; up to
208.06 per pay period based on the employee's plan selection (employees will not
receive any excess contribution).
The County will further contribute on behalf of employees who have dependents
enrolled in the County's health benefits program, a total of 90.00 per pay period.
4. Any individual participating in the County's Health Benefit program must enroll in one of
the plans servicing their area, if one is available. If a plan is not available, they shall
enroll in the plan designated for out-of-area coverage.
5. Following a written request by the employee to the County's Employee Benefits Office
and subject to the approval of the health plan providers, in the event an employee's
doctor moves to a physician network that can only be accessed through another County
offered health plan, the employee may re-enroll into that health plan. The change will
become effective the first day of the pay period following approval by the health plans.
6. If during the term of this agreement the State, Federal government, or any other taxing
authority imposes a tax or other charges (excluding a tax on or measured by net
income) upon any group provider orhealth/dental plan or upon any activity of any of
them, or if any such tax or charges are increased causing agreement befinreen the
County and health/dental plans to be opened for renegotiations, either the County or
the employee organization may request the other party to meet and confer regarding
the terms and conditions set forth herein.
Unit 3 — Addendum — Health Benefit Agreement - 2006 (BOS Approval 12/6/05) 1
7. If during the term of this agreement the State or Federal government legislates
mandatory benefit levels in excess of those covered by agreement between the County
and health/dental plans which results in increased premiums, either the County or the
employee organization may request the other party to meet and confer regarding the
terms and conditions set forth herein.
8. During the term of this agreement, if the County agrees to a higher employer
contribution with any other bargaining unit, the same higher contribution shall be offered
to employees covered by this agreement with the same terms and conditions, subject to
approval by the Board of Supervisors.
9. The parties agree to continue to meet and discuss the design of the County's health
benefit program in anticipation of soliciting health plan proposals from vendors for Plan
Year 2007.
10. The parties agree to explore the viability of allowing employees with other non-County
health coverage to opt out of the County health insurance program as part of the Plan
Year 2007 Request for Proposal process.
Unit 3 — Addendum — Health Benefit Agreement - 2006 (BOS Approval 12/6/05) 2
ADDENDUMTO MEMORANDA OF UNDERSTANDING
SEIU —LOCAL 535, UNITS 2, 3, 4, 12, 22, 31 & 36HEALTH BENEFIT AGREEMENT
The parties have met and conferred regarding the County's health premium contribution forPlan Year 2007. Having met and conferred, the parties agree to the following:
The term of this agreement shall be December 18, 2006 through December 16,2007. The parties agree to reopen negotiations in August 2007.
2. A minimum of three (3) health benefit plans, two (2) dental benefit plans and one (1)vision benefit plan will be available to employees and their dependents during PlanYear 2007. If, during the term of this agreement, any of the health benefit plans,vision benefit plan or the dental benefit plans is unable to fulfill its contractualobligation, the parties agree that the County, upon consultation with the HealthBenefits Advisory Council, if necessary, will secure a suitable replacement.
3. During Plan Year 2007, the County will contribute, on behalf of each employee; up to$ 208.06 per pay period based on the employee's plan selection (employees will notreceive any excess contribution).
The County will further contribute on behalf of employees who have dependentsenrolled in the County's health benefits program the following contribution per payperiod:
■ Employee plus Child(ren): $ 95.00 per pay period.■ Employee plus Spouse: $ 95.00 per pay period.■ Employee plus Family: $ 100.00 per pay period.
4. Any individual participating in the County's Health Benefit program must enroll in oneof the plans servicing their area, if one is available. If a plan is not available, theyshall enroll in the plan designated for out-of-area coverage.
5. Following a written request by the employee to the County's Employee BenefitsOffice and subject to the approval of the health plan providers, in the event anemployee's doctor moves to a physician network that can only be accessed throughanother County offered health plan, the employee may re-enroll into that health plan.The change will become effective the first day of the pay period following approvalby the health plans.
SEIU —LOCAL 535 —Units 2, 3, 4, 12, 22, 31 & 36 — Addendum Health Benefit Agreement — 2007
6. If during the term of this agreement the State, Federal government, or any othertaxing authority imposes a tax or other charges (excluding a tax on or measured bynet income) upon any group provider or health/dental plan or upon any activity ofany of them, or if any such tax or charges are increased causing agreementbetween the County and health/dental plans to be opened for renegotiations, eitherthe County or the employee organization may request the other party to meet andconfer regarding the terms and conditions set forth herein.
7. If during the term of this agreement the State or Federal government legislatesmandatory benefit levels in excess of those covered by agreement between theCounty and health/dental plans which results in increased premiums, either theCounty or the employee organization may request the other party to meet and conferregarding the terms and conditions set forth herein.
8. The parties agree to continue to meet and discuss the design of the County's healthbenefit program in anticipation of soliciting health plan proposals from vendors forPtan Year 2008.
9. During the term of this agreement, if the County agrees to a higher employercontribution with any other bargaining unit, the same higher contribution shall beoffered to employees covered by this agreement with the same terms andconditions, subject to approval by the Board of Supervisors.
10. The parties agree to explore the viability of allowing employees with other non-County health coverage to opt out of the County health insurance program as part ofthe Plan Year 2008 Request for Proposal process.
I~ ~oZ- 0~Date
S E I U —LOCAL 535Units 2, 3, 4, 12, 22, 31 & 36
~ ~ Z -- ~ODate
SEIU —LOCAL 535 —Units 2, 3, 4, 12, 22, 31 & 36 — Addendum Health Benefit Agreement — 20072
SIDELETTER AGREEMENTSEN-LOCAL 535
Health Benefits for Title IV-E Stipend Program
1. The County of Fresno and SEIU Loca1535 agree to the following conditions as it pertains to
continuing Health Benefits for employees who take a leave to pursue education opportunities through
the Title IV-E Stipend Program.
2. The County of Fresno agrees to continue to maintain all employees who take a leave through the Title
IV-E Stipend Program on the County Health Benefits as if they were working full time.
3. The County of Fresno agrees to continue their contributions to these employees Health Benefits as
they do for all other employees.
4. This a~em~t shall become effective the full pay period following the signing of this sideletter
of Fresno
C2-ti~-oeDate
SEN - Loca1535
AddendumTo Memorandum of Understanding for
SEIU Local 521 Units 2, 3, 4, 12, 22, 31 & 36June 14, 2007
The County of Fresno and SEIU Local 521 have met and conferred over theimpact of the delay in the passage of AB 1255 (Tier III). Consistent with theBoard of Supervisors approved agenda item of September 26, 2006, theparties agree that newly hired employees shall be enrolled in a lower tierretirement. Therefore, effective June 18, 2007, employees shall be enrolled inTier II (GC Sections 31676.16, 31621.4, 31462.1) until such time as AB 1255becomes law, is subsequently adopted by the Board of Supervisors viaresolution, and associated computer program modifications are completed.
Furthermore, the parties agree that any employee, who is enrolled in the TierII retirement plan, whether voluntarily or mandatorily, shall be enrolled in theTier III retirement plan as soon as computer program modifications arecompleted.
The County and SEIU Local 521 agree that if AB 1255 is not enacted into lawthis calendar year, both parties will return to the table to meet and confer overtheir September 26, 2006 agreement. Both parties agree to support andaggressively pursue the enactment of AB1255.
~~
County of Fresno
~ f ~ ̀~Date
SEIU Local 521
ADDENDUMTO MEMORANDUM OF UNDERSTANDING FOR
SEIU —LOCAL 521, UNITS 3 & 12August 2, 2007
JAIL PSYCHIATRIC SERVICES
The parties have agreed to the following terms and conditions as it applies to Unit 3 and 12members assigned to Jail Psychiatric Services within the Department of Community Health. Thisagreement shall take effect on August 27, 2007.
Increase Differential:The County agrees to increase the Detention Facility Differential for employees assignedto the Jail Psychiatric Services from a maximum of $50.00 per pay period to a maximumof $75.00 per pay period effective August 27, 2007. The pro-rated amount shall alsoincrease from $.6250 to $.9375 per hour. All other terms and conditions of the DetentionFacility Differential shall remain the same.
2. Employee Exit Questionnaire:Upon termination of employment, the department shall mail an "Employee ExitQuestionnaire" along with a cover memorandum from the Labor Relations Division of theDepartment of Personnel Services, to the last known address of the former employee.The purpose of the employee exit questionnaire is to gather general information from theemployee regarding his/her work experience with the County of Fresno.
Employee Exit Questionnaires are to be returned to the Labor Relations Division. Allinformation received in this process is considered confidential, with the exception of astatistical report of the information. A copy of this report shall be provided to SEIU —Local 521 and the Department of Community Health on a quarterly basis.
3. Continuing Education Credits:The Department of Community Health agrees to facilitate relevant training opportunities,when available, for employees assigned to Jail Psychiatric Services. The Departmentalso agrees, with prior approval and based upon operational needs, to authorizeemployees assigned to Jail Psychiatric Services to attend relevant training offered by theCounty of Fresno that qualifies for Continuing Education Credits on paid County time.
All terms and conditions of Article 32 (Mandatory Continuing Education) in the Unit 3Memorandum of Understanding shall remain in full force and effect.
All terms and conditions of the Continuing Education Article in the Unit 12 Memorandumof Understanding shall remain in full force and effect.
~~-e_~~,.~County of Fresno SEIU —Local 521
Units 3 & 12
~Iz1~~Date
SIDE LETTER AGREEMENTSEIU LOCAL — 521 UNIT 3
(ALTERNATIVE WORK SCHEDULES)
The County of Fresno and SEIU —Local 521 agree to the following conditionsas it pertains to Alternative Work Schedules for Unit 3 employees assigned tothe Department of Children and Family Services (DCFS).
IVlanagement shall have the sole discretion to determine the suitability ofAlternative Work Schedules for each employee.
Alternative Work Schedules (AWS) shall consist of four (4) ten (10) hourdays per work week.
2. DCFS shall submit a memo to the Department of Personnel Serviceswith the specifics of the Schedule (e.g. start and end time, days on) foreach employee accepted for an AWS. Once reviewed and approved, theDepartment of Personnel Services shall execute an AWS agreementwith SEIU —Local 521.
3. It is understood that employees working an AWS shall receive eight (8)hours holiday pay. Therefore employees on AWS shall adhere to thefollowing for pay periods that contain a holiday:
A. When a holiday falls on a regular day off, the employee shalltemporarily resume a normal work schedule which consists of five(5) eight (8) hour days for the holiday week of the pay period.
B. When a holiday falls on a regular work day, with supervisorapproval, employees can select one of the following options:
Supplement the 9t" and 10t" hours with paid leave or docktime.
ii. Temporarily resume a normal work schedule whichconsists of five (5) eight (8) hour days for the weekcontaining the holiday.
iii. Whenever possible the employee shall notify theirsupervisor at least two weeks in advance as to whichoption they will be choosing.
C. In any week that has two (2) or more holidays (e.g. Thanksgiving),staff shall resume a normal work schedule which consists of five(5) eight (8) hour days for the week containing the holidays.
SEIU —Local 521- Unit 3 Alternative Work Schedules - DCFS
4. AWS shall be governed by Salary resolution Sections 518.5 (ShiftDifferentials), 813.2 (Exemptions — Overtime), & 914 (Holiday Accrual —Flexible Workweek).
5. Management reserves the right to discontinue this AWS at any time. Atwo (2) week notice, if possible, shall be given to the affected employees.Such discontinuance shall not be appealable or grievable.
6. Management reserves the right to temporarily discontinue AWS foroperational needs (e.g., mandatory training, conferences, etc.) A two (2)week notice, if possible, shall be given to the affected employees. Suchdiscontinuance shall not be appealable or grievable.
7. This agreement shall become effective the pay period commencingDecember 31, 2007.
ll aate
ti
SEIU —Local 521
SEIU —Local 521- Unit 3 Alternative Work Schedules - DCFS 2
ADDENDUMTO MEMORANDA OF UNDERSTANDING
SEIU —LOCAL 521, UNITS 2, 3, 4, 12, 22, 31 & 36HEALTH BENEFIT AGREEMENT
The parties have met and conferred regarding the County's health premium contribution forPlan Year 2008. Having met and conferred, the parties agree to the following:
1. The term of this agreement shall be December 17, 2007 through December 14,2008. The parties agree to reopen negotiations in September 2008.
2. A minimum of three (3) health benefit plans, two (2) dental benefit plans, one (1)vision benefit plan and one (1) pharmacy benefit plan will be available to employeesand their dependents during Plan Year 2008. If, during the term of this agreement,any of the health benefit plans, dental benefit plans, vision benefit plan, or thepharmacy benefit plan is unable to fulfill its contractual obligation, the parties agreethat the County, upon consultation with the Health Benefits Advisory Council(HBAC), if necessary, will secure a suitable replacement.
3. During Plan Year 2008, the County will contribute, on behalf of each employee; up to$ 208.06 per pay period based on the employee's plan selection (employees will notreceive any excess contribution).
The County will further contribute on behalf of employees who have dependentsenrolled in the County's health benefits program the following contribution per payperiod:
■ Employee plus Child(ren): $ 95.00 per pay period.■ Employee plus Spouse: $ 95.00 per pay period.■ Employee plus Family: $ 100.00 per pay period.
4. Any individual participating in the County's Health Benefit program must enroll in oneof the plans servicing their area, if one is available. If a plan is not available, theyshall enroll in the plan designated for out-of-area coverage.
5. Following a written request by the employee to the County's Employee BenefitsOffice and subject to the approval of the health plan providers, in the event anemployee's doctor moves to a physician network that can only be accessed throughanother County offered health plan, the employee may re-enroll into that health plan.The change will become effective the first day of the pay period following approvalby the health plans.
SEIU —LOCAL 521 —Units 2, 3, 4, 12, 22, 31 & 36 — Addendum Health Benefit Agreement — 2008
6. If during the term of this agreement the State, Federal government, or any othertaxing authority imposes a tax or other charges (excluding a tax on or measured bynet income) upon any group provider or health/dental plan or upon any activity ofany of them, or if any such tax or charges are increased causing agreementbetween the County and health/dental plans to be opened for renegotiations, eitherthe County or the employee organization may request the other party to meet andconfer regarding the terms and conditions set forth herein.
7. If during the term of this agreement the State or Federal government legislatesmandatory benefit levels in excess of those covered by agreement between theCounty and health/dental plans which results in increased premiums, either theCounty or the employee organization may request the other party to meet and conferregarding the terms and conditions set forth herein.
8. The parties agree to continue to meet and discuss via the HBAC the design of theCounty's health benefit program in anticipation of soliciting health plan proposalsfrom vendors for Plan Year 2009.
9. Via the HBAC, the parties agree to explore the viability of allowing employees withother non-County health coverage to opt out of the County health insurance programas part of the Plan Year 2009 Request for Proposal process.
10. During the term of this agreement, if the County agrees to a higher employercontribution with any other bargaining unit, the same higher contribution shall beoffered to employees covered by this agreement with the same terms andconditions, subject to approval by the Board of Supervisors.
D to
SEIU —LOCAL 521Units 2, 3, 4, 12, 22, 31 & 36
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SEIU —LOCAL 521 —Units 2, 3, 4, 12, 22, 31 & 36 — Addendum Health Benefit Agreement — 20082
ADDENDUMTO MEMORANDUM OF UNDERSTANDING
SEIU -LOCAL 521, UNITS 2, 3, 4, 12, 22, 31 & 36
BENCHMARK CLASSIFICATION SALARY SURVEY
The County of Fresno and SEIU — Loca1521 have met and conferred and
have agreed that the Benchmark Classification Salary Survey, as delineated
in the MOU, shall not be performed by March 31, 2008. The parties further
agree that the Benchmark Classification Salary Survey shall be performed
by March 31, 2009 or any other mutually acceptable date to be determined
by the parties in January of 2009.
All other terms and conditions of the Benchmark Classification Salary
Survey article shall remain unchanged.
ounty of Fresno
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SEIU — Loca1521
ADDENDUMTO MEMQRANDUM 4F UNDERSTANDING FORSEIU —LOCAL 521, UNITS 2, 3, 4, 12, 22, 31 & 36
CONTRIBUTIONS TO COMMITTEE ON POLITICAL EDUCATION (COPE)
The County of Fresno and SEIU —Local 521 have met and conferred regardingvoluntary employee contributions to Committee on Political Education (COPE). Having
met and conferred, the parties agree to the following terms and conditions:
1. Contributions to COPE are voluntary and no employee shall be required tocon#ribute.
2. Employees opting to participate shall complete an authorization form authorizing apayroll deduction to be remitted to SEIU —Local 521 for COPE. Deductions shall
commence as soon as practicable once completed authorization forms are receivedand processed by the Auditor-ControllerlTreasurer-Tax Collector's office.
3. Employees may revoke their COPE authorization at any time by submitting arequest in writing to the Auditor-Controller/Treasurer-Tax Collector's office.Deductions shall cease as soon as pracficabie once a written request revokingauthorization is received and processed by the Auditor-Contraller/Treasurer-T~x
Collector's office.
4. Once processed by the Auditor-Controller/Treasurer-Tax Collector the County shalldeduct, once each pay period, the amount set forth on the authorization formsubmitted to the Auditor-Controller/Treasurer-Tax Collector's office.
5. Withheld deductions shall be forwarded promptly to SEIU —Local 521.
6, A deduction register lis#ing employee name and amount deducted shall beforwarded promptly to SEIU —Local 521.
7. Subject to all provisions of the County of Fresno Employee Relations Ordinar~c~, theCounty agrees to continue deducting COPE contributions from employee's pay untilsuch time as the employee revokes said authorization.
8. Furthermore, upon the request of the County, the parties agree to meet and canerregardi~he terms and conditions of this agreement.
9. T e Union~grees to indemnify and hold the County harmless from any and allim de ands, suits, or any other action arising from this addendum.
of Fresno ~ SEIU —Local 521
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ADDENDUMTO MEMORANDUM OF UNDERSTANDING FOR
SEIU —LOCAL 521, UNIT 3DIRECT DEPOSIT OF PAYROLL CHECKS
The County of Fresno and SEIU —Local 521 have met and conferred regardingpaycheck options for employees. Having met and conferred, the parties agree tothe following change in terms and conditions:
All paychecks of employees represented by this Unit shall be directly deposited bythe Auditor-Controller/Treasurer-Tax Collector (hereinafter Auditor-Controller) in afinancial institution of the employee's choice, which accepts direct-deposits anddoes not charge the County any fees) for such service.
In the event an employee declines or fails to designate a financial institution toreceive deposit of their paycheck, such employee shall receive payment via otherelectronic means, e.g. a debit card, until such time as a financial institution hasbeen designated by the employee on the appropriate form and forwarded to theAuditor-Controller's Payroll Section for processing. The employee shall beresponsible for any user fees associated with payment via other electronic means.
In the event that the financial institution designated by the employee to receivetheir paycheck commences to charge a fee to the County of Fresno for suchdeposit service, the County shall notify the employee of the effective date of suchproposed fee, when such information is available to the County, and the employeeshall decide to either: 1) continue the designation of that institution and pay the feerequired by the financial institution; or 2) designate another institution which doesnot charge such fees to receive the employee's paycheck; or 3) make nodesignation and have the paycheck processed in accordance with the provisionsabove.
Employees electing options 1 or 2 shall complete the appropriate designation formand forward it to the Auditor-Controller, Payroll Section, one (1) week in advanceof the effecti e d to of such fees.
This adde dum eplaces Article 45 — Direct Deposit of Payroll Checks in the MOU.
5~11~ %~----nty of Fresno SEIU —Local 521, Unit 3
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MOU ADDENDUMBetween SEIU 521 and the County of Fresno
Mandatory Furlough/Temporary Office ClosureSEIU —Local 521
Units 2, 3, 4, 12, 22, 31 & 36
In recognition of the County's fiscal environment, the parties have met and conferredregarding Mandatory Furlough. Having met and conferred, the parties agree to the followingterms and conditions:
Temporary Office Closure (TOC)
It is the intent of the parties that there should be no additional overtime required simply as aresult of this agreement. In addition, it is also the intent of the parties that no additional timeoff shall be requested solely as a result of this agreement. The regularly scheduled vacationtime shall not be increased due to the requirement to take unpaid time off. Having met andconferred, the parties agree to the following terms and conditions:
1. Effective upon adoption of this agreement, employees subject to this agreement(excluding employees regularly working part-time work schedule) will take 40 hours ofTOC (unpaid time ofd in Fiscal Year 2009/2010, to be taken between June 15, 2009and June 13, 2010, however their pay will be adjusted over the remaining pay periodsin the fiscal year (e.g. approximately 1.54 hours per pay period over 26 pay periods,approximately 1.60 hours per pay period over 25 pay periods, etc.) so that the financialimpact of the unpaid time off hours is minimized as much as possible.
2. Employees engaged in permanent regular continuous part-time service, as specified inthe Salary Resolution, upon a definite work schedule, shall take TOC in directproportion as such part-time service bears to regular full-time service (e.g., employeeswith standard hours equal to 50% of full time hours would be required to take 20 hoursof TOC (approximately 0.77 hours per pay period if spread out over 26 pay periods)).
3. Department heads shall authorize the use of TOC
a. At times mutually acceptable for 24/7 operations or other operations which mustremain open to the public and/or;
b. Office closure. Should a department head, in consultation with the CountyAdministrative Officer and consistent with County ordinances and the SalaryResolution, select office closure, the following terms and conditions apply.
Unless specifically scheduled by management to work on the specified officeclosure day, County employees normally scheduled will not report to work onthose days.
Mandatory Furlough/TOC Addendum —Units 2, 3, 4, 12, 22, 31 & 36
Individuals who are scheduled by management to work hours/days during officeclosure will be required to schedule themselves with the approval of theirdepartment management for the equivalent number of hours/days off during therelated fiscal year period. All county employees, regardless of whether theyreport to work or not during a specified office closure day will have anadjustment from their pay for the specified pay periods. It is the employee'sresponsibility to ensure that required TOC hours are taken within the specifiedperiod. TOC hours do not carry over from one fiscal year to the next. Ifemployees do not use all of their required TOC hours and/or do not makereasonable requests for TOC hours, no adjustments will be made except asidentified in Number 13.
iii. Employees whose normally scheduled day off occurs during an office closureday will be required to schedule an equivalent day off. Management will makeevery effort to accommodate employees request for equivalent office closuretime off.
iv. Management agrees that, wherever possible, employees will be notified at least48 hours in advance of the office closure if they will be required to work duringthe office closure day. Employees working an office closure day, shall treat theday as a regularly scheduled work day and schedule themselves for a laterequivalent TOC day off.
v. Where it is known in advance that coverage will be required, management willoffer the opportunity to work during the office closure days to full and part-timeCounty employees prior to utilizing any extra help for coverage. Employees soscheduled will be required to schedule equivalent TOC days off. Nothing in'thisprovision precludes management from requiring an employee to work duringoffice closure days.
vi. Employees who are scheduled to work during office closure but who are unableto do so due to unanticipated circumstances will treat the day as unpaid time off(TOC or MVFL). No annual leave, sick leave or other paid time off will beauthorized for the absence, unless all unpaid time off has already been used.
vii. Annual Leave, Prior Sick Leave, Compensatory Time Off, Accrued HolidayTime or any other paid leave will not be authorized during the office closuredays under any circumstances, except for the following: employees who haveexhausted unpaid furlough, employees whose normally scheduled shift is morethan eight hours may elect to use annual leave for each day of office closure tothe extent required to ensure that they do not experience an inequitable amountof unpaid time. Those employees who are on an accepted On-the-job Injury orState Disability Integration and who are integrating annual leave with otherbenefits are excepted.
4. For the first pay period during which TOC is in effect, employees will have theirearnings reduced in proportion to the number of hours of TOC spread out over theremaining pay periods in Fiscal Year 2009/2010.
a. For Fiscal Year 2009/2010, full-time employees will be required to use 40 hours ofTOC. The adjustment amount will be approximately 1.54 hours per pay period (ifspread over 26 pay periods). Part-time employees will be required to use a
Mandatory Furlough/TOC Addendum —Units 2, 3, 4, 12, 22, 31 & 36 2
prorated number of hours in direct proportion as such part-time service bears toregular full-time service (e.g. employees with standard hours equal to 50% of fulltime would be required to take 20 hours of TOC; their adjustment amount will beapproximately 0.77 hours per pay period if spread over 26 pay periods).
5. TOC will be considered productive time for the following purposes: computing annualleave accrual pursuant to Salary Resolution Section 600; computing overtime pursuantto Salary Resolution section 800 (excluding FLSA overtime and double-time overtimeeligibility); provisions of in-force Memoranda of Understanding (excluding FLSAovertime and double-time overtime eligibility); holiday pay pursuant to SalaryResolution Section 900; completion of probationary period pursuant to Personnel Rule5; promotion eligibility pursuant to Personnel Rule 11; computing seniority pursuant toPersonnel Rule 12; step increase eligibility; and computing service time for Countyretirement (the employer and employee continue to pay their respective retirementcontributions based on the employee's regular base salary irrespective of TOCusage/payback). TOC is not considered productive time for other forms ofcompensation, including FLSA overtime and double-time overtime eligibility.
6. Employees participating in TOC are not terminated from County service, and thisreduction in work hours is not considered a break in County service and will not affectCounty benefits.
7. Any uncompensated time off for dock time, disciplinary time off or leave of absenceprior to June 15, 2009 will not be credited to an employee's TOC. Disciplinary time off,regardless of when it occurs, will not be counted as TOC.
8. Employees either hired or returning from a leave of absence on or after June 15, 2009but before June 13, 2010 shall participate in TOC on a prorated basis of 1.54 hoursper pay period (e.g. a full-time employee hired with 13 pay periods remaining musttake 20 hours before June 13, 2010; apart-time employee hired with 13 pay periodsremaining with standard hours equal to 50% of full time hours must take 10 hoursbefore June 13, 2010).
9. Employees, who promote, demote or transfer into a classification subject to TOCduring a TOC period, shall participate in TOC on a prorated basis of 1.54 hours perpay period for full-time employees (Part-time employees shall participate in directproportion as such part-time service bears to regular full-time service).
10. Employees, who promote, demote or transfer into a classification not subject to TOCduring a TOC period, will have their paycheck adjusted to correct any overage orunderage associated with TOC advancements and adjustments.
11. Employees who experience a change in pay rate during the TOC period or during theadjustment period shall have their pay adjusted for the equivalent number of hours oftheir current rate of pay without regard to the rate of pay that was in effect at the timeof the TOC (e.g. 80 hour full-time employees shall have pay adjusted at the rate of1.54 hours per pay period).
12. Where shift work is involved, the day is defined as the day on which more than fiftypercent (50%) of the shift is worked.
Mandatory Furlough/TOC Addendum —Units 2, 3, 4, 12, 22, 31 & 36 3
13. The July 9, 2010 paycheck of any County employee who has made a reasonablerequest(s), pursuant to department requirements and is not granted TOC in the periodbeginning June 15, 2009 and ending June 13, 2010 will be adjusted to correct for theoverage withheld.
14. If an employee returns from leave of absence and still owes TOC payback from a priorfiscal year, prior year payback will be deducted first at a maximum of five hours perpay period until all prior year payback has been paid in full instead of a paybackdeduction prior to their return to work. The employee is also subject to current yearpayback. There is no maximum TOC payback adjustment for current fiscal year.
15. The final paycheck for County employees who terminate employment on or after June15, 2009 but prior to June 13, 2010 will be adjusted to correct any overage orunderage associated with TOC advancements and adjustments.
Modified Voluntary Furlough Leave
16.The County agrees to offer the Modified Voluntary Furlough Leave (MVFL) programfor Fiscal Year 2009/2010. Employees may request up to 80 hours of MVFL inaddition to 40 hours of TOC, subject to management approval consistent withoperational considerations.
Substituting Unpaid Time Off for Regularly Scheduled Vacation Time Off
17. It is the intent of the parties that there should be no additional overtime required simplyas a result of this agreement.
18. It is also the intent of the parties that no additional time off shall be requested solely asa result of this agreement. The regularly scheduled vacation time shall not beincreased due to the requirement to take unpaid time off.
19. Employees shall substitute unpaid time off (TOC and/or MVFL) for vacation timealready scheduled in Calendar Year 2009; For Calendar Year 2010, unpaid time off(TOC and/or MVFL) shall be utilized first prior to paid time off for scheduled vacationtime up to the amount of unpaid time off required for Fiscal Year 2009/2010.
Waiver of 120 hour Annual Leave Usage
20.The County agrees to waive the 120 hour minimum Annual Leave usage requirementprovision in the Salary Resolution in Calendar Years 2009 and 2010.
Time Off Bank
21. For those employees subject to this agreement who are enrolled in the ModifiedAnnual Leave II plan and are still employed with the County at the end of Fiscal Year2009/2010 (pay period ending June 13, 2010), the County agrees, during a limitedelection period, at the employees request, to transfer 40 hours of annual leave intotheir Time Off Bank on or after June 13, 2010 (e.g. Annual Leave balance is 160hours, Time Off Bank balance is 200 hours; after transfer Annual Leave balance is 120hours, Time Off Bank balance is 240 hours). Failure to request a transfer during thelimited election period will result in no change to the employee's Annual Leave andTime Off Bank balance.
Mandatory Furlough/TOC Addendum —Units 2, 3, 4, 12, 22, 31 & 36 4
Mandatory Furlough
22. The County agrees not to impose Mandatory Furlough pursuant to Personnel Rule 12during Fiscal Year 2009/2010.
Term of Agreement
23.This,~gre~ment shall expire June 13, 2010.
\✓of Fresno SEIU —Local 521
Units 2, 3, 4, 12, 22131 & 36
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Date
Mandatory Furlough/TOC Addendum —Units 2, 3, 4, 12, 22, 31 & 36 5
SIDELETTER AGREEMENTSEIU Local 521
Bargaining Units 2, 3, 4, 12, 22 and 36Union-Sponsored Voluntary Term Life Insurance
The County of Fresno ("County") and SEIU Local 521 ("Union") acknowledge and agree to thefollowing conditions as it pertains to Union-sponsored voluntary term life insurance forbargaining units 2, 3, 4, 12, 22, and 36:
1. The County agrees to deduct from SEIU bargaining unit members' biweekly paycheckspremiums for Union-sponsored voluntary term life insurance, and to remit such fundsdirectly to the term life insurance provider selected by the Union (currently Mutual ofOmaha), pursuant to paragraph 5 below.
2. The parties agree that the one-time startup costs (based on receiving a biweeklyelectronic file) shalt be billed based on actual County staff time incurred at correspondinghourly rates per the Fresno County Master Schedule of Fees ("MSF"), not to exceed$3,220. Startup costs shall be defined as the hourly labor costs which are necessarilyincurred for set up of new deductions and testing through the end of the first deduction.The County shall provide the Union an itemized invoice of startup costs incurred. TheUnion agrees to submit payment to County within thirty (30) days of invoice date.
3. The Union agrees that ongoing costs (based on receiving a biweekly electronic file) shallbe billed based on actual County staff time incurred at the corresponding MSF hourlyrates on a quarterly basis, Ongoing costs shall be defined as the hourly labor costswhich are necessarily incurred in adding or deleting the voluntary term life insurancededuction from members' payroll. The County shall provide the Union an itemizedinvoice of ongoing costs incurred. The Union agrees to submit payment to County withinthirty (30) days of invoice date.
4. Upon request by the Union, the County shall provide the most current MSF, which issubject to change (i.e., rates could increase or decrease) at least once per year based onBoard of Supervisor's approval.
5. The County agrees to accept biweekly electronic files in a mutually agreed upon formatfrom the administrator of the life insurance provider, and take deductions from theparticipating employees' paychecks as reflected by the administrator. The Union agreesthat the administrator is responsible for the accuracy of all deductions submitted. Anyincorrect deductions or refunds will be handled by the administrator.
6. The County agrees that deductions shall begin and end based on the file sent by theadministrator of the life insurance provider, provided there is enough net compensation inthe employee's check to accommodate the deduction.
7. County agrees to provide to employees the same information regarding this plan as itdoes with regard to all other non-County-sponsored voluntary pans.
8. This agreement shall become effective no later than March 5, 2012 (pay date March 30,2012), and consistent with the Computer Programming Modifications article in therespective MOUs.
9. The parties agree that any future payroll deductions for Union-sponsored optionalbenefits for its members shall require mutual agreement by both parties.
10.As it relates to the Agency Shop provision in the respective MOUs, the parties agree thatthe language: "and insurance premiums" shall be null and void. Furthermore, as it relatesto the Dues Deduction provision in the Unit 36 MOU, the parties agree that the language"other monies" shall be null and void. Nothing in this sideletter of agreement is intendedto affect or impact the voluntary long-term disability program.
11. The parties agree that the continuation of the Union sponsored voluntary fife insuranceprogram for Bargaining Units 2, 3, 4, 12, 22 and 36 may be negotiated with eachsuccessor MOU beginning no sooner than December 9, 2015.
12.The Union agrees to indemnify and hold the County harmless for any and all claims,demands, suits or other action arising from this sideletter.
13. Alleged violations of this sideletter shall be adjudicated under the Employee GrievanceResolution Procedure contained in the MOUs.
14.The parties agree to split equally the cost of the arbitrator's fee, which arises out of thearbitration that was scheduled for February 8, 2012.
uate
SEIU —Local 521Unit 2, 3, 4, 12, 22 and 36
Internal Worksite Organizer:
Union Steward:
Phone•
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SEIU Local 5215228 E. Pine Ave.Fresno, CA 93727559-447-2560FAX: 559-261-9308www.sei~s521.or,~