HomeMy WebLinkAbout05. Consideration of adopting a Memorandum of Understanding (MOU) between the District and Public Employees Union Local One effective April 18, 2012 through December 17, 2017 (Handout)Central Contra Costa Sanitary District -rir 15
' BOARD OF DIRECTORS
POSITION Nandourt�
ON PAPER
Board Meeting Date: December 20, 2012
subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE PUBLIC EMPLOYEES UNION, LOCAL ONE, EFFECTIVE APRIL 18,
2012 THROUGH DECEMBER 17, 2017.
Submitted By: Ann Farrell Initiating Dept/Div.: Administration
General Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
eji O'Malley Edward L. Kreisberg
HR Manager Lead Negotiator Ann Farrell
General Manager
ISSUE: The Public Employees Union, Local One ratified a successor Memorandum of
Understanding (MOU) with the District on December 19, 2012 and formal adoption by
the Board of Directors is required.
RECOMMENDATION: Adopt the MOU with the Public Employees Union, Local One
effective April 18, 2012 through December 17, 2017.
FINANCIAL IMPACTS: The primary cost associated with the negotiated changes in
the first year of the MOU is approximately $384,655 which includes the four percent
(4 %) salary wage increase, the employee contribution of one and one quarter percent
(1.25 %) of pensionable compensation toward the employee pension rate, as well as
takes into account any costs associated with the longevity pay. Other costs associated
with this agreement are small in comparison as not all employees are eligible for all
negotiated benefits.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Board representatives and the Public Employees Union, Local 1
bargaining team have concluded meeting and conferring on the changes to the MOU.
The parties worked to achieve a tentative agreement that balanced the needs of the
District and the employees and agreement was reached on the following items:
• Pension Contributions by Employees to Employee Share: Effective April 18,
2012, employees contribute 1.25 %; an additional 1.25% in April 2014; an
additional 1.25% in April 2015; an additional 1.25% in April 2016; and employees
pay the full employee share starting in April 2017 (unless a prior year
contribution obligation already brought employee to the full employee share).
• Salary Increases: Effective April 18, 2012, and in each subsequent April for the
term of the MOU, employees will receive a CPI adjustment based on change in
CPI from February to February, with a maximum of 5% each year. An additional
1 % wage increase will be added to each CPI adjustment each year for the term
of the MOU.
POSITION PAPER
Board Meeting Date: December 20, 2012
subject ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE PUBLIC EMPLOYEES UNION, LOCAL ONE, EFFECTIVE APRIL 18,
2012 THROUGH DECEMBER 17, 2017.
Longevity Pay: For current employees as of the Board's approval of the new
MOU, an additional two and one -half percent (2.5 %) career service pay (for a
total of 5 %) will be granted to employees after twenty (20) years of continuous
employment with the District. The 20 -year longevity increase shall be applied
retroactive to April 18, 2012 to employees still employed at the time the Board
approves this new MOU.
• Dual Health Contribution: The District's contribution to those who show health
coverage and waive District coverage will increase from $200 to $400 per month
with entire amount contributed to the Section 401(a) plan.
• Employee Contribution to Health Care PPO Premium: Effective July 1, 2013,
all employees who are enrolled in the PPO plan shall pay the difference in
premiums between the PPO plan and the highest cost HMO plan.
• Retiree Dental: For Tier III employees hired on or after April 18, 2013, the
District shall pay only fifty percent (50 %) of the premium cost for the lowest cost
dental plan for the retiree and spouse.
• Orthodontic Coverage: The District will increase the orthodontic coverage
lifetime limit from $2,500 to $3,000.
• Holiday Comp: Effective January 1, 2013, employees may only cash -out holiday
comp at the time of separation /retirement.
• Pay Upon Promotion: A promotion shall result in pay at least one full step
greater than received prior to the promotion, taking into account any registration
or certification differentials received prior to the promotion.
• Use of Sick Leave for Medical Appointments to Treat Work Related Injuries:
Employees shall be allowed paid release time for work - related -injury doctor and
physical therapy appointments. Use of employees' sick leave is no longer
required.
Attached is the draft Memorandum of Understanding between the District and the
Public Employees Union, Local One. Any additions are denoted in blue and any
deletions are denoted by red strikeouts.
POSITION PAPER
Board Meeting Date: December 20, 2012
subject. ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE PUBLIC EMPLOYEES UNION, LOCAL ONE, EFFECTIVE APRIL 18,
2012 THROUGH DECEMBER 17, 2017.
RECOMMENDED BOARD ACTION: Adopt the MOU with the Public Employees
Union, Local One effective April 18, 2012 through December 17, 2017.
CCCSD / LOCAL ONE — 2012 MOU NEGOTIATIONS
DISTRICT'S REVISED LAST, BEST AND FINAL PROPOSAL
FOR AN MOU THROUGH DECEMBER 17, 2017
Term: April 18, 2012 through December 17, 2017
Holiday Comp: Effective 1/1/13, employees may only cash -out holiday comp at the time of
separation /retirement.
Pension Contributions by Employees to Employee Share: Effective 4/18/12, employees
contribute 1.25 %; add'I 1.25% in 4/14; add'I 1.25% in 4/15; add'I 1.25% in 4/16; employees pay
full employee share starting in 4/17 (unless a prior year contribution obligation already brought
employee to the full employee share).
Salary Increases: Effective 4/18/12, and in each subsequent April for the term of the MOU, CPI
adjustment based on change in CPI from February to February, with a maximum of 5% each
year. An additional 1 % wage increase will be added to each CPI adjustment for the term of the
MOU.
Dual Health Contribution: Increase District's contribution to those who show health coverage
from $200 to $400 per month with entire amount contributed to Section 401(a) plan.
Longevity Pay: For current employees as of the Board's approval of the new MOU, an
additional two and one -half percent (2.5 %) career service pay (for a total of 5 %) will be granted
to employees after twenty (20) years of continuous employment with the District. The 20 -year
longevity increase shall be applied retroactive to April 18, 2012 to employees still employed at
the time the Board approves this new MOU.
Employee Contribution to Health Care PPO Premium: Effective July 1. 2013, employees
who select the PPO plan shall pay through payroll deduction the difference in premiums
between the PPO plan and the highest cost HMO plan
Orthodontic Coverage: The District will increase orthodontic coverage to $3.000.
Pay Upon Promotion: A promotion shall result in pay at least one full step greater than
received prior to the promotion, taking into account any registration or certification differentials
received prior to the promotion.
Use of Sick Leave for Medical Appointments to Treat Work Related Injuries: Employees
shall be allowed paid release time for work - related -injury doctor and physical therapy
appointments. Use of employees' sick leave is no longer required
Retiree Dental: Modify language for Tier III to state, "The District shall only pay fifty percent
(50 %) of the premium cost of the lowest cost medical plan for the retiree and spouse. For Tier
III employees hired on or after April 18, 2013, the District shall pay only fifty percent (50 %) of the
premium cost for the lowest cost dental plan for the retiree and spouse."
Incorporate written tentative agreement to (1) add Engineering Assistant III to the list of
classifications covered by the Personnel Advancement Policy and Procedure and (2) following
meet and confer with MS /CG and the Management Group, change the meeting time described
in Title IV, Section 4.24.110.D from 4 p.m. to 3 p.m.
Under this package proposal, all other District/Local One proposals would be withdrawn.
MEMORANDUM
0:'
UNDERSTANDING
between
the
Central Contra Costa
Sanitary District
and the
�4p cost
ooh 9
Y�0
Employees' Association,
Public Employees Union, Local #1
April 18, 2012 r' -1--T
through
December 17, 2017 Apr+ 17, 201-2
Employees' Association,
Public Employees Union, Local #1
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I — INTRODUCTORY PROVISIONS ...........................1
SECTION 1 — RECOGNITION AND COVERAGE .................1
1.1 Exclusive Representation ........ ..............................1
SECTION 2 — MANAGEMENT AND UNION RIGHTS ..........1
2.1 Union Rights ............................ ..............................1
2.2 District Rights .......................... ..............................1
2.3 Title IV of District Code ............ ..............................2
SECTION 3 — NONDISCRIMINATION .... ..............................2
3.1 Nondiscrimination .................... ..............................2
3.2 Compliance with the Americans with Disabilities
Act(ADA) ................................ ............................... 2
3.3 Lactation Accommodation ....... ..............................2
ARTICLE II — SALARY PROVISIONS ............ ..............................3
SECTION 1 —SALARY ............................ ..............................3
1.1
Merit Increases ........................ ..............................3
1.2
Certification .............................. ..............................3
1.3
Paycheck Distribution .............. ..............................3
1.4
General Increases ................... ..............................3
1.5
Out -Of -Class Pay .................... ..............................4
1.6
Terminal Compensation .......... ..............................4
SECTION
2 — LONGEVITY COMPENSATION .....................4
2.1
Career Service Pay .................. ..............................4
SECTION
3 —SHIFT DIFFERENTIALS ... ..............................5
3.1
Work Week .............................. ..............................5
3.2
Night Shift Differential .............. ..............................5
3.3
Swing Shift Differential ............ ..............................5
SECTION
4 —OVERTIME ....................... ..............................5
4.1
Rate ......................................... ..............................5
4.2
Accumulation ........................... ..............................5
4.3
Holiday Compensatory Time ... ..............................5
SECTION 5 — STAND -BY AND CALL- OUT TIME ................6
5.1 General .................................... ..............................6
5.2 Stand -By Pay ........................... ..............................6
5.3 Call -Out Period ........................ ..............................6
5.4 Call -Out Pay ............................ ..............................6
5.5 Consecutive Call- Outs ............. ..............................7
5.6 Conversion of Stand -By Pay .... ..............................7
SECTION 6— CLASSIFICATION REQUIRING
CERTIFICATION, REGISTRATION,
OR LICENSE .................... ..............................7
6.1 General .................................... ..............................7
6.2 Class A/Class B Driver's License ..........................7
ARTICLE III — MISCELLANEOUS PROVISIONS ........................8
SECTION 1 — MAINTENANCE OF MEMBERSHIP,
AGENCY SHOP, DUES CHECKOFF .............8
1.1 Application ............................... ..............................8
1.2 Exclusions ............................... ..............................8
1.3 Union Responsibility ................ ..............................8
1.4 Method Of Payment ................. ..............................8
1.5 Failure to Comply ..................... ..............................9
1.6 District Responsibility ............... ..............................9
SECTION 2 — GRIEVANCE PROCEDURE ...........................9
2.1
General ................................... ..............................9
2.2
Self Representation ................. ..............................9
2.3
Matters Subject To Grievance . ..............................9
2.4
Matters Not Subject To Grievance ........................9
2.5
Procedure .............................. .............................10
2.6
Miscellaneous Provisions ...... .............................11
2.7
Group Grievances ................. .............................11
2.8
Employee- Processed Grievance ........................12
2.9
Grievance Witnesses ........... .............................12
2.10
Grievance Processing During Regular
Working Hours ........................ .............................12
2.11
Separate Grievance File ......... .............................12
SECTION 3 — DISCIPLINARY PROCEDURE .....................12
3.1 Disciplinary Action .................. .............................12
3.2 Dismissal of an Employee ...... .............................15
3.3 Fair and Impartial Hearing for Disciplinary
Action and Dismissal of Employees ....................17
3.4 Appeal ..................................... .............................18
SECTION 4 —HOURS OF WORK .......... .............................18
4.1 Regular Work Week ............... .............................18
4.2 Alternative Work Schedules ... .............................19
SECTION 5 — TEMPORARY EMPLOYEES ........................19
5.1 Appointment Limitation ........... .............................19
General ................................... .............................20
SECTION 6 — APPOINTMENT OF RELATIVES .................19
9.2
6.1 Officials ................................... .............................19
6.2 Restrictions ............................. .............................19
Failure to Pass Examination ... .............................21
6.3 Definition ................................. .............................20
9.4
6.4 Application .............................. .............................20
21
SECTION 7 — EMPLOYEE RECLASSIFICATION
Salary Increase ....................... .............................22
REQUESTS ..................... .............................20
9.6
7.1 Procedure ............................... .............................20
SECTION 8 — LAYOFF ........................... .............................20
8.1 Provisions ............................... .............................20
SECTION 9 — PROMOTIONAL OPPORTUNITIES .............20
9.1
General ................................... .............................20
9.2
Eligible Classifications ............ .............................21
9.3
Failure to Pass Examination ... .............................21
9.4
Recommendation for Advancement ....................
21
9.5
Salary Increase ....................... .............................22
9.6
Advancement to II Level ......... .............................22
9.7
Advancement to III Level ........ .............................22
9.8
Absence of Qualified Employees .........................23
SECTION 10 — EXAMINATION PROCEDURES .................23
10.1 Open /Promotional Opportunities .........................23
SECTION 11 — TRAINEE PROGRAM .... .............................23
11.1 Eligible Classifications ............ .............................23
District Safety Committee Membership ...............27
11.2 Pre - Qualifications ................... .............................24
13.2
11.3 Selection ................................. .............................24
11.4 Promotion ............................... .............................24
Purpose .................................. .............................27
11.5 Salary ...................................... .............................25
13.4
SECTION 12 — LATERAL TRANSFERS . .............................25
12.1 Definition ................................... .............................25
Substance Abuse ................... .............................27
12.2 Conditions ................................. .............................26
SECTION 14 —TOOLS AND EQUIPMENT .........................28
12.3 Procedure ................................. .............................26
14.1
SECTION 13 — SAFETY .......................... .............................27
13.1
District Safety Committee Membership ...............27
13.2
Responsibility .......................... .............................27
13.3
Purpose .................................. .............................27
13.4
Cooperation ............................ .............................27
13.5
Substance Abuse ................... .............................27
SECTION 14 —TOOLS AND EQUIPMENT .........................28
Eye Care Plan ......................... .............................31
14.1
Uniforms ................................. .............................28
14.2
Lockers ................................... .............................28
14.3
Cars On District Business ....... .............................28
14.4
Safety Shoes .......................... .............................29
SECTION 15 — PROPERTY DAMAGE ... .............................29
15.1
Consideration For Replacement ..........................29
SECTION 16 — MILEAGE ........................ .............................29
16.1
Allowance ............................... .............................29
SECTION 17 — DRIVER'S LICENSE ....... .............................29
ARTICLE IV — BENEFIT PROVISIONS ........ .............................31
SECTION 1 — EMPLOYEE BENEFITS ... .............................31
1.1
Health Plans ........................... .............................31
1.2
Dual Health Coverage ............ .............................31
1.3
Benefits ................................... .............................31
1.4
Retirement .............................. .............................31
1.5
Dental Plan ............................. .............................31
1.6
Eye Care Plan ......................... .............................31
1.7
Disability Plan ......................... .............................32
1.8
Term Life Insurance Plan ....... .............................32
1.9
Deferred Compensation ......... .............................32
1.10
Continuance of Benefit Plan ... .............................32
iv
SECTION 2 - VACATION ....................... .............................35
Tier1 ................................... .............................32
2.1
General ................................... .............................35
Tier11 .................................. .............................32
2.2
Vacation Earnings .................. .............................36
TierIII ................................. .............................33
2.3
Use of Vacation Accumulation .............................36
Miscellaneous .................... .............................33
2.4
1.11
Registration Differential .......... .............................34
2.5
1.12
Employee Assistance Program (E.A.P.) ..............35
2.6
1.13
401(a) Money Purchase Plan . .............................35
2.7
1.14
Cafeteria Plan ......................... .............................35
SECTION 3 - HOLIDAYS ....................... .............................38
SECTION 2 - VACATION ....................... .............................35
2.1
General ................................... .............................35
2.2
Vacation Earnings .................. .............................36
2.3
Use of Vacation Accumulation .............................36
2.4
Accrual Credit ......................... .............................36
2.5
Termination ............................. .............................37
2.6
Payment of Accumulated Vacation Time ............37
2.7
Integration Of Volunteer Pay .. .............................37
SECTION 3 - HOLIDAYS ....................... .............................38
3.1
Holiday Schedule .................... .............................38
3.2
Weekend- Designated Holidays ...........................38
3.3
Holiday Compensation ............ .............................38
SECTION 4 - LEAVES ........................... .............................39
4.1
Sick Leave .............................. .............................39
4.2
Doctor's Release .................... .............................39
4.3
Notification .............................. .............................39
4.4
Sick Leave Accumulation ....... .............................39
4.5
Sick Leave Incentive Benefit .. ...... ........................39
4.6
Work- Incurred Injuries ............ .............................40
4.7
Salary Continuance Plan ........ .............................40
4.8
Death In Family ....................... .............................41
4.9
Jury Duty ................................. .............................41
4.10
Military Leave .......................... .............................41
4.11
Pregnancy Disability ............... .............................41
4.12
Leave of Absence Without Pay ...........................42
4.13
Court/Witness Appearances ... .............................42
4.14
Family And Medical Leave ...... .............................42
4.15
Birthday Leave ........................ .............................43
SECTION 5 - MEAL ALLOWANCE ........ .............................43
5.1
Stand- By ................................. .............................43
5.2
Call -In Not On Stand- By ......... .............................43
5.3
Unscheduled Hold- Over ......... .............................43
5.4 Scheduled Overtime ............... .............................43
5.5 Common To All ....................... .............................43
SECTION 6 — TRAINING ........................ .............................44
6.1 Training And Development Policy ........................ 44
6.2 Education - Tuition Refund Policy ..........................44
ARTICLE V —CONCLUDING PROVISIONS .............................45
SECTION 1 — SAVINGS ......................... .............................45
1.1 Invalidation .............................. .............................45
SECTION 2 — APPLICATION ................. .............................45
2.1 Waiver .................................... .............................45
2.2 Practices ................................. .............................45
SECTION 3 —TERM ............................... .............................45
3.1 Length of Agreement .............. .............................45
SECTION 4 — DISTRIBUTION OF AGREEMENT ...............45
4.1 Shared Cost ............................ .............................45
SECTION 5 —SIGNATURES TO AGREEMENT .................46
5.1 Signatures .............................. .............................46
Side i after
Plant OpeF Shills ........................ .............................47
IGM/1 Pre6entatl6n ........................... .............................47
Vi
Article I — Introductory Provisions
SECTION 1 — RECOGNITION AND COVERAGE
1.1 Exclusive Representation: The Central Contra Costa Sanitary
District Employees' Association, Public Employees Union, Local #1,
hereafter known as the Union, is the formally recognized exclusive
employee representative for all General employees. The Union shall
represent all regular and permanent- intermittent General employees.
SECTION 2 — MANAGEMENT AND UNION RIGHTS
2.1 Union Rights: The Central Contra Costa Sanitary District
Employees' Association, Public Employees Union, Local #1 is the
exclusive recognized representative of all employees of the District
except Management and Management Support/Confidential
employees.
It is also recognized that the District and duly appointed
representatives of the Association will meet and confer in good faith.
The District, or any agent thereof, agrees that there will be no
interference, restraint, or coercion against the Union or against any
employee because of Union membership or Union activity.
Information Request: Within thirty (30) days of ratification of a new
Memorandum of Understanding, the District will distribute a
memorandum to all bargaining unit employees asking for written
authorization to release their current addresses and telephone
numbers to Local #1. Upon Local #1's written request, the District will
provide this information to Local #1 for any employee who has given
his or her authorization to do so. The District only shall be required to
release this information to Local #1 once per calendar year.
2.2 District Rights: The rights of the District include, but are not
limited to, the exclusive right to determine the missions of its
constituent departments and divisions; set standards of services;
determine the procedures and standards of selection for employment
and promotion; direct, classify, and assign its employees; take
disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of District
operations, including, but not limited to the contracting or
subcontracting of production, service, maintenance, or other type of
work performed by the District; determine the methods, means, and
personnel by which District operations are to be conducted; determine
the content of job classifications; take all necessary actions to carry out
Article I Introductory Provisions
its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its
work; provided, however, that the exercise of such District rights shall
not conflict with the express provisions of this Memorandum.
2.3 Title IV of District Code: The District will meet and confer with the
Union over any changes to Title IV of the District Code.
SECTION 3 — NONDISCRIMINATION
3.1 Nondiscrimination: There will be no discrimination by the Union
or the District or any agent of either of them because of race, color,
creed, national origin, sex, disability, religion, or political beliefs.
3.2 Compliance with the Americans with Disabilities Act (ADA):
The Union and the District agree to comply with all provisions of the
Americans with Disabilities Act including reasonable accommodations
for individuals protected under the Act. The District shall meet and
confer with the Union prior to any accommodation which might require
an exemption from the Memorandum of Understanding. Any
accommodation provided to an individual protected by the ADA shall
not establish a past practice, nor shall it be cited as evidence of a past
practice in the grievance procedure.
3.3 Lactation Accommodation: If an employee desires to express
breast milk for her infant child, the District will make reasonable efforts
to provide the employee with the use of a room or other location, other
than a toilet stall, for the employee to express milk in private.
Article II - Salary Provisions
SECTION 1 — SALARY
1.1 Merit Increases: Employees normally receive a salary range
increase upon satisfactory completion of their probationary period and
a merit increase of one salary step every twelve (12) months from the
date they achieve permanent status until they reach the top of their
range. This merit increase shall only be withheld based upon a below
average overall evaluation rating as noted in an Employee
Performance Appraisal form. During the term of this Memorandum of
Understanding (M.O.U.), the District shall use the Employee
Performance Appraisal Form. When an employee receives notification
that he /she will be given a performance evaluation, the employee may
request a delay of up to three days between the time of the notification
and the time of the performance evaluation meeting to prepare for the
meeting.
1.2 Certification: Employees may be required to successfully
complete certification requirements prior to receiving their salary
increases, where required by law or job classification in their currently
held position.
1.3 Paycheck Distribution: Employees shall be paid based on a pay
period from the 18th to the 17th of each month. The District shall
distribute paychecks on the last regular District working day of each
month. However, if the employee so elects, distribution may take place
at the employee's written request by direct deposit to any financial
institution accepting electronic transfer from the Federal Reserve
Bank.
1.4 General Increases:- Effective April 18, 2012, April 18, 2013, April
18, 2014, April 18, 2015, April 18, 2016, and April 18, 2017,
employees' wages shall be adiusted by the change in the Consumer
Price Index (CPI) for all Urban Consumers (San
Francisco /Oakland /San Jose) during the most recently completed
February to February time period prior to the applicable April, with a
maximum of 5 %. An additional 1 % wage increase will be added to the
CPI adjustment for the term of the MOU.
The payment of the first wage increase back to April 18, 2012 shall
only apply to employees still employed at the time the Board approves
this MOU and shall not impact any District obligation with respect to
incentive pays, overtime, cash -outs or other types of compensation
other than wage already provided by the District prior to Board
Article II Salary Provisions
approval. EffeGtive July 8, 2003,
6
0
May 19, 2°°�
i3fwaFy ate
i-
adjustmeRt shall be at lea6t two PeFGeRt 0
peFG ).
GeYeFed by the Shall -he baroed GR
adjustment 6hall be at least twe °
peFGee
1.5 Out -Of -Class Pay: Employees assigned to work in a higher
classification in the absence of their supervisor shall receive a
minimum of one salary step after one continuous week in the higher
classification. When a supervisor is absent for one or more continuous
weeks and where more than one employee is assigned the
supervisor's responsibilities at different times during the absence which
may be less than one week per employee, then those employees shall
receive a minimum of one salary step for the actual hours worked in
the higher classification.
1.6 Terminal Compensation: A mandatory portion of the employee's
terminal compensation shall be contributed by the District to the 401(a)
plan at termination, retirement, or resignation as follows:
• If terminal compensation is more than $10,000, 50 %;
• If terminal compensation is between $5,000 and $10,000, 25 00;
• If terminal compensation is less than $5,000, 0 %.
In no case will the total 401(a) contribution be in excess of Internal
Revenue Code mandated limits in force at the time of retirement.
4
Article II Salary Provisions
Any outstanding Vacation, Sick Leave, and /or Earned Overtime due
the employee at the time of termination, retirement, or resignation will
be calculated and issued to the employee with the final paycheck.
SECTION 2 — LONGEVITY COMPENSATION
2.1 Career Service Pay: A two and one -half (2.5 %) percent career
service pay increase will be granted to employees after ten (10) years
of employment with the District.
For current employees as of the Board's approval of this MOU, an
additional two and one -half percent (2 1/2 %) career service pay
increase (for a total of 5 %) will be granted to employees after twenty
(20) years of continuous employment with the District.
The 20 year longevity increase shall be applied retroactive to April 18,
2012 to qualifying employees who still are employed at the time this
MOU is approved.
SECTION 3 — SHIFT DIFFERENTIALS
3.1 Work Week: The normal work week for full -time non -shift
employees is eight (8) hours per day. Although most employees are
scheduled to work Monday through Friday, some services and
operations are currently scheduled on a 24 -hour basis, seven days a
week.
3.2 Night Shift Differential: Night Shift Differential applies only to
employees who are regularly scheduled to work night shift. The rate of
pay for the Night Shift Differential is determined by increasing the basic
hourly salary for the job by seven and one -half (7.5 %) percent.
3.3 Swing Shift Differential: Swing Shift Differential applies only to
employees who are regularly scheduled to work Swing Shift. The rate
of pay for the Swing Shift Differential is determined by increasing the
basic hourly salary for the job by five (5 %) percent.
SECTION 4 — OVERTIME
4.1 Rate: Employees covered by this Memorandum of Understanding
who work more than their regularly scheduled days are compensated
at time and one -half of the regular basic pay. All employees must
receive supervisory approval before working any overtime.
Article II Salary Provisions
4.2 Accumulation : Compensation for overtime work shall be paid at
the next pay period, or the time and one -half hours may be
accumulated as "Earned Overtime," to a maximum of forty (40) hours
with an eighty (80) hour limit on Earned Overtime taken off per year.
Exceptions to this limit for bona fide family emergencies shall be
considered by the District on a case -by -case basis. When required to
maintain the operations of the District, the District may require
overtime.
Personnel in the Plant Operations Division who normally work a ten -
day shift shall be granted an additional sixteen (16) hour limit on
earned overtime taken off per calendar year.
4.3 Holiday Compensatory Time: An individual earns Holiday
Compensatory Time when his /her regular day off falls on a holiday.
Holiday Compensatory Time is recorded in the Accounting Office.
Holiday Compensatory Time is earned at the rate of straight time and
the time off is given at the rate of straight time. Employees may
accumulate a maximum of what can be earned in a one -year period
(currently 104 hours).
Heliday GGMPeRsateFy Time aGGWFnH1ated as ef April 17, 2000 may
keep-these re HeWay
1his/her satery
Those employees that have the
maximum accrual of 104 hours in holiday comp will be automatically
paid for any additional hours earned in excess of the maximum. If a
person terminates employment with the District before having used up
his /her Holiday Compensatory Time, he /she shall be paid for it.
Effective on or after January 1, 2013, employees may cash -out Holiday
Compensation at the time of separation or retirement but may not
cash -out Holiday Compensation prior to separation or retirement.
SECTION 5 — STAND -BY AND CALL- OUT TIME
5.1 General: Employees are required to be on Stand -By in order to
provide customer service after normal working hours or to be able to
respond quickly to emergency situations. Employees will be assigned
to Stand -By according to the procedures established in their
department.
Stand -By assignments take effect from the end of an employee's
regular work schedule until the beginning of the next regular work
schedule. Employees in a Stand -By status must be capable of being
notified that the District has a need for customer /emergency service
and of responding immediately. The District will make every effort to
notify employees in advance of their Stand -By status; however,
Article II — Salary Provisions
circumstances may arise where advance notice is not possible.
5.2 Stand -By Pay: Employees, other than Pumping Stations
Operators, on Stand -By will be paid at the rate of one (1) hour of
overtime pay for each weekday and three (3) hours of overtime pay for
each weekend day or paid District holiday. Pumping Stations
Operators will be paid at the rate of one (1) hour of overtime pay for
each weekday and four and one -half (4.5) hours of overtime pay for
each weekend day or paid District holiday. (Overtime pay is calculated
at one and one -half times the basic rate of pay.) Stand -By pay is
intended to compensate employees for inconvenience, disruption of
their personal life, and for reasonable time spent solving customer
service /emergency problems that are amenable to resolution from a
remote location.
5.3 Call -Out Period: The Call -Out period begins at the time the
employee starts his /her travel to the work site and ends thirty (30)
minutes after the employee departs from the work site. The thirty -
minute (30) period is an allowance for travel.
5.4 Call -Out Pay: Employees who are called out will be compensated
with a minimum of three (3) hours at the overtime rate. If the Call -Out
requires over three (3) hours, then the employee shall receive overtime
pay for the actual duration of the Call -Out.
5.5 Consecutive Call -Outs: Any Call -Out received by the employee
prior to the end of their current Call -Out period is a consecutive Call -
Out. Consecutive Call -Outs will be a continuation in hours worked and
will be included in the initial Call -Out period.
5.6 Conversion of Stand -By Pay: Stand -By pay will be paid at the
overtime rate. Employees may elect to have their Stand -By pay
credited as Earned Time Off. Limits to the accumulation and use of
earned time off as specified elsewhere in this M.O.U. apply.
SECTION 6 — CLASSIFICATION REQUIRING CERTIFICATION, REGISTRATION,
OR LICENSE
6.1 General: Employees in any classification requiring certification,
registration, or license must obtain said license, registration, or
certification within one year of hire date or date of promotion or be
subject to termination or demotion at the end of one year.
6.2 Class A/Class B Driver's License: The District shall pay the
difference in cost between Class C Driver's License and Class A/B
Driver's License for an employee who must renew or obtain his /her
Article II Salary Provisions
Class A/B California Driver's License. The District shall provide a
vehicle to take the examination for the Class A or B License.
Employees who are required and assigned by the District to hold a
Class A or Class B commercial driver's license will receive $75.00 per
month. The $75.00 is not included in the employee's base pay. It will
be paid only for time when the employee is in active status and not on
leave of absence. The $75.00 will not be paid for any time in which the
employee is unable to drive a District vehicle that requires a Class A or
Class B commercial driver's license, such as when the license has
been revoked, suspended, restricted, the employee is on leave of
absence, etc.
Article III Miscellaneous Provisions
SECTION 1 — MAINTENANCE OF MEMBERSHIP, AGENCY SHOP, DUES
CHECKOFF
1.1 Application: Any current employee who is subject to the
provisions of this M.O.U. and who is a member of Local #1 as of June
15, 1982, or any employee who joins Local #1 during the life of this
M.O.U. shall maintain such membership or, in lieu thereof, pay to Local
#1 an agency fee equal to the monthly dues for the duration of this
agreement. Any new employee who is hired on or after July 1, 1982,
and subject to the provisions of this M.O.U., shall as a condition of
continued employment either become a member of Local #1 and pay
the initiation fee and dues or assessments uniformly required for
acquiring and maintaining membership in Local #1 or, in lieu thereof,
pay to Local #1 an agency fee in the amount of the initiation fee and
dues as specified above. This obligation shall not commence until after
the employee has completed thirty (30) days of employment.
1.2 Exclusions: Any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objection to joining or financially supporting a public employee
organization shall not be required to join or financially support Local #1.
Those employees may, in lieu of dues, initiation fees, assessments or
agency fees, pay sums equal to such dues, initiation fees,
assessments or agency fees to a non - religious non -labor charitable
fund exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code. The employee shall be required to verify to the Union
such payments on a regular basis.
1.3 Union Responsibility: Local #1 shall indemnify and save the
District harmless from any cost or liability resulting from any and all
claims, demands, suits, or any other action arising from the operation
of this provision, including the costs of defending against any such
actions or claims. Local #1 agrees to refund to the District any amount
paid to it in error.
1.4 Method Of Payment: The District agrees to deduct, on a monthly
basis, the periodic membership dues, assessments or agency fees
from the paycheck of each employee who voluntarily executes and
delivers to the District a valid dues check -off authorization form
approved by the District and the Union. The District further agrees to
remit such monies to the Union not later than the fifteenth day of each
month.
Any employee who is required, as a condition of continued
Article III - Miscellaneous Provisions
employment, to either join Local #1 or pay the agency fee, and who
elects not to have such amounts paid by payroll deduction shall
individually be responsible for remitting such sums directly to Local #1.
1.5 Failure to Comply: After thirty (30) days of employment and upon
written notice from the Union of an individual's failure to comply with
the requirements of this provision, such individual shall be notified by
the District that his /her employment will be terminated within thirty (30)
days of such notification if, by the end of the thirty (30) day period, the
Union notifies the District that the requirement has not been met.
1.6 District Responsibility: All new employees shall be advised of
their obligation under this provision upon their employment by the
District and the District shall at that time provide payroll deduction
authorization forms for the deduction of an initiation fee, dues, or
agency fee equivalent pursuant to this Section.
SECTION 2 — GRIEVANCE PROCEDURE
2.1 General: It shall be the policy of the District and the Union to
develop and practice reasonable and effective means of resolving
difficulties which may arise among employees, to reduce potential
problems, and to establish channels of communication.
2.2 Self Representation: The grievant may elect, in writing, to
represent himself /herself rather than have the Union provide
representation. If the grievant elects to represent himself /herself at this
step, or at any later step, the Union shall be relieved of any further
obligation of representation and shall be relieved of any obligation to
share in any further expense of the grievance procedure. No resolution
shall be inconsistent with the terms of this Agreement.
2.3 Matters Subject To Grievance: Any complaint an employee has
concerning the interpretation or application of rules, regulations,
policies, or procedures governing personnel practices, working
conditions, wages, hours, and other terms and conditions of
employment.
2.4 Matters Not Subject To Grievance: (1) The District policies,
rules, and regulations as such; (2) a rating as given in an Employee
Performance Appraisal; (3) Disciplinary and Termination Actions as
outlined in Section 3; and (4) Use of Birthday Leave.
10
Article III Miscellaneous Provisions
2.5 Procedure:
Step One
The grievant shall, within fifteen (15) working days from when the
employee knew or should have known of the occurrence, present and
discuss any difference or grievance with his /her immediate supervisor.
Both the grievant and his /her supervisor shall make a bona fide effort
to amicably settle such differences. The supervisor shall respond
within fifteen (15) working days after the final meeting with the grievant.
If, after this response, the grievant does not believe the problem has
been satisfactorily resolved, then the grievant shall have the right to
proceed to Step Two of this procedure within five (5) working days
after receipt of the supervisor's written response.
Step Two
In the event such differences are not settled and the grievant desires
the grievance to be considered further, it shall be presented, in writing,
within five (5) working days by the employee involved, and /or his /her
representative(s) to the grievant's Department Director. A meeting
shall be arranged by the Department Director within five (5) working
days of receipt of the written grievance. The grievance shall be
discussed with the grievant and pertinent facts brought to light. The
Department Director shall respond, in writing, within fifteen (15)
working days after the final meeting rendering the decision.
Failure of the grievant to take further action within five (5) working days
after receipt of the decision will constitute withdrawal of the grievance.
Step Three
In the event such differences are not settled at Step Two and the
grievant desires the grievance to be considered further, it shall be
presented, in writing, within ten (10) working days to the General
Manager or his /her designated representative who will discuss the
grievance with the grievant, his representative or representatives, and
with other appropriate persons within ten (10) working days of receipt
of the grievance. The General Manager may designate a person not in
the grievant's normal line of supervision to advise him /her concerning
the grievance. A record may be maintained of information presented.
The General Manager shall render a decision, in writing, to the grievant
within twenty (20) working days after hearing the grievance.
Failure of the grievant to take further action within five (5) working days
after receipt of the General Manager's decision will constitute
withdrawal of the grievance.
iri
Article III Miscellaneous Provisions
Step Four
In the event such differences are not settled and the grievant desires
the grievance to be considered further, it shall be presented, in writing,
to the Secretary of the District within five (5) working days of receipt of
the General Manager's decision. The Secretary shall calendar the
agenda item at the next regularly scheduled Board Meeting in keeping
with established guidelines for calendaring an agenda item.
The Board shall employ a neutral third party to hear the matter and
recommend action to the Board. The District and the Union shall
equally share the cost. If the parties cannot agree on a neutral third
party, then a list of five (5) neutral individuals shall be requested from
the State Conciliation Service and the parties shall use the alternate
elimination method to determine who shall conduct the hearing. The
Board may adopt, reject, or modify the recommendation of the
appointed neutral third parry. The decision of the Board is the final
action of the District.
2.6 Miscellaneous Provisions: No grievant shall, at any stage of the
grievance procedure, be required to meet regarding the grievance with
any supervisor or manager without organizational representation, nor
shall any supervisor or manager be required to meet with the grievant
regarding the grievance without benefit of counsel or representation.
No waiver of time lines must be granted either party due to the lack of
available counsel.
In certain grievances, the first and /or second steps may be deleted if
the grievance arises out of an action by an authority above the level of
the grievant's supervisor. However, such grievances will begin at a
level no higher than Step 3 of this grievance procedure.
Failure at any step of this procedure to communicate the decision on a
grievance within the specified time limits shall permit the lodging of an
appeal at the next step of the procedure within the time allotted, had
the decisions been given. Failure to appeal a decision within the
specified time limits shall be deemed a withdrawal of the grievance.
The time limits specified in this procedure may be extended, in any
specific instance, by mutual agreement, in writing.
2.7 Group Grievances: If the grievance involves employees with
different immediate supervisors, the grievance may be filed at the
appropriate step of the grievance procedure. However, such grievance
will begin no higher than Step 3 of this grievance procedure.
12
Article III Miscellaneous Provisions
2.8 Employee- Processed Grievance: An employee covered by this
Agreement may present a grievance directly and have such grievance
adjusted without intervention of the Union as long as the adjustment is
not inconsistent with the terms of this Agreement.
2.9 Grievance Witnesses: The District shall endeavor to make
available for testimony in connection with the grievance procedure
reasonable requests for District employees to appear when requested
by the grievant, the Union, or the District. Any employee witnesses
required to appear in connection with this article shall suffer no loss of
normal pay, but will not receive any form of overtime compensation in
connection with his /her appearance. Such employee witnesses are
responsible for informing their immediate supervisor forty -eight (48)
hours in advance or as soon as reasonably possible.
2.10 Grievance Processing During Regular Working Hours: The
grievant and his /her representative(s) shall normally be entitled
reasonable time to process a grievance during normal working hours
with no loss of pay or benefits, provided the grievant has the
permission of his /her supervisor. Such permission shall not be
unreasonably withheld.
2.11 Separate Grievance File: All materials concerning an
employee's grievance shall be kept in a file separate from the
employee's personnel file which shall be available for inspection only
by the grievant; his /her representative with approval by the grievant;
and management, supervisory, and confidential employees who can
demonstrate a need to review the file.
SECTION 3 — DISCIPLINARY PROCEDURE
3.1 Disciplinary Action:
A. General
The District's disciplinary procedure is intended to advise the
employee of less than satisfactory behavior or actions on the
job, and it is intended to be used as a corrective measure for
improvement. The District shall use progressive steps in the
disciplinary procedure as follows: verbal warnings with
discussion records, written reprimands, suspension, reduction
in rank and /or pay. Notwithstanding the above, the disciplinary
measures shall be commensurate with the offense or the
continuation of offenses with which the employee is charged.
13
Article III Miscellaneous Provisions
B. Grounds for Discipline
1. Discourteous treatment of the public or fellow employee
including discrimination and harassment that is detrimental
to the function of the District
2. Drinking of intoxicating beverages or use or possession of
illegal or unprescribed drugs on the job; or arriving on the
job under the influence of such beverages or drugs; or
providing or soliciting intoxicating beverages or illegal or
unprescribed drugs to or from others while on District
premises or on the job; or failure to successfully complete
a treatment program as agreed to by the District and the
employee in lieu of disciplinary action; or failure to comply
with the terms of any return -to -work agreement between
the District and the employee. An employee who fails to
successfully complete treatment or counseling shall be
subject to the previously proposed disciplinary action. If
the employee successfully completes the program, the
previously proposed disciplinary action shall not be
imposed.
3. Habitual absence or tardiness
4. Abuse of sick leave
5. Disorderly conduct
6. Incompetency or inefficiency
7. Violation of any lawful or reasonable regulation or order
made and given by an employee's supervisor;
insubordination
B. Dishonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
11. Misconduct
12. Storage, carrying or use of firearms or other items
traditionally considered lethal weapons on District property
14
Article III Miscellaneous Provisions
13. Loss of required valid California Driver's License in
accordance with Article III, Section 17
14. Driving a District vehicle without a valid California Driver's
License
C. Written Notice
All acts of discipline will be documented by a written notice to
the employee stating the reasons and grounds for such
discipline. The employee must acknowledge receipt of the
warning by signing the same at the time of presentation; this
signature signifies only receipt of the document, not
necessarily agreement to the contents thereof. If employee
refuses to sign, such will be noted on the form. The District
shall notify the employee and the Union of its intent to issue
discipline within thirty (30) days of the incident giving rise to the
District's decision to take disciplinary action. The parties may
agree to extend the time to provide notice of intent to issue
discipline.
All discussion records shall remain a part of the employee's
personnel file for a period of three (3) years assuming no
continuation of similar offense. All records of discipline shall
remain a part of the employee's personnel file for a period of
three (3) years, assuming no continuation of a similar offense.
Negative evaluations which are removed from the employee's
personnel file after three years shall be maintained in a
separate file by the District's Human Resources Manager to be
used only in matters involving discrimination, litigation
complaints or charges, and grievances alleging disparate
treatment. An employee or his /her Union representative, with
written authorization of the employee, shall have the right, at
any reasonable time, to examine and /or obtain copies of any
material from the employee's personnel file in the Human
Resources Office. It is the employee's responsibility to
request removal of the above documentation from his/her
personnel file by contacting the Human Resources Office.
D. Human Resources Manager
Any offense warranting disciplinary action, with the exception
of suspension with pay, is to be cleared through the Human
Resources Manager prior to any action being taken in order to
ensure conformity with rules and procedures.
15
Article III — Miscellaneous Provisions
E. Content of Notice
After review and discussion with the Human Resources
Manager, any disciplinary action which may result in
suspension without pay shall be set forth, in writing, to the
employee at least five (5) working days before the proposed
effective date or dates. All notices of proposed action shall be
personally served or be mailed by certified mail, return receipt
requested, to the last known address of the employee(s). This
notice shall be prepared by the Department Director after
consultation with the Human Resources Manager and shall
contain the following:
1. A description of the proposed action and its effective date
or dates, and the ordinance, regulation, or rule violated.
2. A statement of the acts or omissions upon which the
action is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be made available at least ten (10)
working days before the date of appeal to the Board.
4. A statement advising the employee of the right to seek
representation and to request a hearing as provided
herein.
3.2 Dismissal of an Employee
A. General
During his /her probationary period, an employee may be
dismissed without cause by either the Board, the General
Manager, or his /her Department Director with the approval of
the General Manager. This discharge is at the sole discretion
of the District with no recourse under the grievance or appeals
provision.
A regular employee may be dismissed at any time by the
Board of Directors, the General Manager, or his /her
Department Director for cause with the approval of the
General Manager as stated herein.
1s
Article III — Miscellaneous Provisions
If a promoted, regular employee is found to be unable to
adequately perform under the increased responsibility of the
new position during the probationary period, the employee
shall be demoted back to the previously held position. No other
employee in a permanent position shall be displaced by this
action.
B. Sufficient Cause for Dismissal
1. Conviction of a felony. (The District will consider the felony
conviction in light of the employee's job duties performed.)
2. Fraud or misstatement of qualifications in securing
employment.
3. Misappropriation of District funds or property.
4. Intentional or gross misconduct.
5. Failure to respond or improve as specified in Article III,
Section 3.1.6 (1 -14), or continued behavior as specified in
Article III, Section 3.1.B (1 -14), after an evaluation or
corrective action plan has failed to produce an
improvement in the worker's performance.
6. Incapacity due to mental or permanent physical disability.
7. Gross violation of District safety rules and regulations.
8. Three consecutive days' absence without notice to the
District shall be deemed sufficient cause for dismissal
providing the employee fails to show satisfactory cause for
such action.
9. Loss of required valid California Driver's License in
accordance with Article III, Section 17.
C. Notice of Dismissal
After review and discussion with Human Resources Manager,
all regular employees shall be provided with a notice of
dismissal at least five (5) working days prior to the effective
date. This notice shall be prepared by the employee's
Department Director after consultation with the Human
17
Article III Miscellaneous Provisions
Resources Manager and shall contain the following:
1. A description of the proposed action and its effective date
and the ordinance(s), regulation(s), or rule(s) violated.
2. A statement of the acts or omissions upon which the
action is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either parry from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be exchanged between the parties
at least ten (10) working days before the date of appeal to
the Board. Furthermore, no material shall be based upon
hearsay; it must be directly related to the original charges
and it shall not be based on events more than three (3)
years old, in accordance with Article III, Section 3.1.C,
Written Notice.
3. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
3.3 Fair and Impartial Hearing for Disciplinary Action and
Dismissal of Employees
A. Procedure
A regular employee upon receipt of a notice of dismissal,
demotion, or suspension may appeal, in writing, to the General
Manager within ten (10) working days of the date of the
notification. The General Manager may overturn, affirm, or
modify the Department Director's decision. Should the General
Manager elect to affirm or modify such decision, then the
General Manager shall schedule a fair and impartial hearing.
The General Manager shall appoint the Director of
Administration to act as the Hearing Officer or, if it has been
determined that a conflict of interest exists, or in his /her
absence, another Department Director may be appointed. In
either case, said hearing shall be scheduled within thirty (30)
working days. At this hearing the employee may answer the
charges against him /her, present any mitigating evidence, or
otherwise respond to the Notice of Dismissal. The Hearing
Officer shall issue his /her opinion and decision within twenty
(20) working days of the hearing. The Hearing Officer may,
based upon the evidence presented at the hearing, concur
18
Article III Miscellaneous Provisions
with the Department Director's action, recommend a less
severe
disciplinary action, or order the employee reinstated with full
back pay and benefits.
B. Appeal to Board of Directors
Regular employees dissatisfied with the Hearing Officer's
decision, only in matters relating to suspension, reduction in
rank or pay or dismissal, may appeal to the Board of Directors
pursuant to the procedures set forth herein.
3.4 Appeal
A. General
An employee, except as provided in Sections 4 -410, 4 -411,
4 -412, and 4 -415 in Chapter 4 of the District Ordinance Code,
may appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary
of the District within ten (10) working days of receipt of the
Hearing Officer's decision. The Secretary shall calendar the
matter at the next regularly scheduled Board Meeting in
keeping with established guidelines for calendaring an agenda
item.
B. Board Shall Designate Representative to Hear Appeal
The Board shall employ a neutral third party to hear the appeal
and to recommend action to the Board. The District and the
Union shall share the cost of the neutral third party and the
court reporter and transcript fees and costs.
C. Adopt or Modify Recommendation
The Board may adopt, reject, or modify the recommendation of
the Board - appointed neutral third party. The decision of the
Board is the final action of the District.
SECTION 4 — HOURS OF WORK
4.1 Regular Work Week: The District's regular work week consists of
forty (40) hours per week; eight (8) hours per day excluding a
30- minute lunch break and including two (2) paid 15- minute breaks.
The Operations Department and Engineering Department require
19
Article III Miscellaneous Provisions
special working schedules to meet the service demands of the public
as well as maintain efficiency.
4.2 Alternative Work Schedules: The District establishes working
hours which are consistent with the operating requirements and
responsibilities of the various divisions and /or departments of the
District. With the approval of the appropriate Supervisor, Division
Manager, Department Director, and the General Manager, the District
will adjust or readjust the beginning and ending work day hours and /or
work week based on a determination that the work or the operation of
the unit or other functions of the District will not be impaired by such
adjustment.
An individual or group of employees within a work unit may request the
District to adopt an alternative work schedule, with a written request to
their supervisor, who will give full, prompt, and responsible
consideration to such requests and forward such requests to the
appropriate Department Director or Division Manager with a
recommendation.
The decision of the District in regard to granting or refusing to grant
such requests for work schedule changes is subject to periodic review
and /or revision by the District. If during a review of this policy the
determination of the District is that modification is necessary, that shall
be subject to meet and confer with the Central Contra Costa Sanitary
District Employees' Association, Public Employees Union, Local #1.
SECTION 5 — TEMPORARY EMPLOYEES
5.1 Appointment Limitation: A temporary appointment is limited to
2080 hours or twelve (12) months from the first date of hire, whichever
occurs first. The District shall provide the Union with a copy of the
quarterly Temporary Appointment report.
SECTION 6 — APPOINTMENT OF RELATIVES
6.1 Officials: Members of immediate family of elected or appointed
officials shall not be appointed to District employment.
6.2 Restrictions: Members of the immediate family of employees shall
not be employed by the District. TheGe Felatives appeinted befeFe 4u4y
!;Re ef- sapew+sisa.
20
Article III - Miscellaneous Provisions
6.3 Definition: Immediate family members are defined as mother,
father, brother, sister, son, daughter, in -laws, or grandparents.
6.4 Application: This provision shall apply to all types of employment
status including temporary employees.
SECTION 7 — EMPLOYEE RECLASSIFICATION REQUESTS
7.1 Procedure: The District is responsible for determining the
methods, means, and personnel by which District operations are
conducted including, but not limited to, classifying and reclassifying
personnel. However, if an employee has reason to believe that duties
and responsibilities are being performed outside of the employee's
class description so as to justify a reclassification, the employee may
submit that evidence, in writing, through his /her Department Director to
the Human Resources Manager. The Human Resources Manager
shall evaluate the written request with the Department Director and
render an appropriate recommendation. If the recommendation is that
a reclassification is appropriate, then that recommendation shall be
submitted to the Board of Directors for consideration.
SECTION 8 — LAYOFF
8.1 Provisions: If layoffs are deemed necessary by the Board of
Directors, they will be done in accordance with the layoff provisions as
specified in the District Ordinance Code, Chapter 4. The District
agrees to meet and confer with the Union on the effects of such layoff.
SECTION 9 — PROMOTIONAL OPPORTUNITIES
9.1 General: Opportunity for advancement is important to the
employee. For this reason, promotions and personnel advancements
shall be made from within the work force wherever practicable.
A_promotion shall result in a pay increase of at least one full step
greater than received prior to promotion, taking into account an
registration or certification differentials received prior to the promotion.
The District's Personnel Advancement Policy and Procedure provides
employees in positions within designated job families the opportunity to
promote to a higher class, without normal recruitment, upon meeting
specified performance and testing criteria. The Policy provides flexibly
staffed positions from "I" level to the "ll" level. In some cases where the
"III" level position within a job family is non - supervisory, this program
provides employees who meet the specified performance and testing
21
Article III Miscellaneous Provisions
criteria to advance to the specified third level if an opening occurs at
that level.
9.2 Eligible Classifications: Positions included in the Personnel
Advancement Policy and Procedure are:
• Accounting Technician I to II to III
• Buyer to Senior Buyer (non - supervisory)
• Construction Equipment Operator to Maintenance Crew Leader
• Engineering Assistant I to II to III
• Engineering Technician I to II to III (non - supervisory)
• Environmental Compliance Inspector I to II
• Graphics Technician I to II to III
• Household Hazardous Waste Tech. I to II to Senior Household
Hazardous Waste Tech.
• Maintenance Crew Member I to II to Maintenance Crew Leader
• Maintenance Technician I to II to Electrical Technician
(non - supervisory)
• Maintenance Technician I to II to Instrument Technician
(non - supervisory)
• Maintenance Technician I to Maintenance Technician II,
Machinist to Machinist (non - supervisory)
• Maintenance Technician I to II to III, Mechanical
(non - supervisory)
• Materials Coordinator to Senior Materials Coordinator
(non - supervisory)
• Plant Operator I to II to III
• Pumping Stations Operator I to II to III
• Utility Worker to Maintenance Crew Leader
9.3 Failure to Pass Examination: If the employee fails to pass the
performance test for advancement, suggestions for improvement shall
be made to the employee. The employee is eligible to re -test after
22
Article III Miscellaneous Provisions
three (3) months.
9.4 Recommendation for Advancement: The recommendation for
advancement shall be requested from the supervisor by the employee
or initiated by the employee's supervisor based on the supervisor's
evaluation that the employee's performance is completely satisfactory
in the present position and the employee qualifies for advancement to
the higher position. This recommendation must be approved by the
Department Director and the General Manager.
A. The supervisor must file a written recommendation.
B. When an employee requests a recommendation from his /her
supervisor, it shall be the responsibility of the supervisor to
respond to the request.
9.5 Salary Increase: Employees who advance to the second level
position will be given a minimum of a one -step salary increase and will
be on probation for six to twelve months.
9.6 Advancement to II Level: Entry level employees may be
advanced to the journey level position (second level position) if the
following requirements are met:
A. The employee has been in the entry-level position for a
minimum of 18 months.
B. The employee has met the qualifications of the second level
position by means of on- the -job training, experience,
continuing education, and /or organizational certification as
spelled out in the class description and department standards.
C. The employee has successfully passed a performance test for
advancement approved by the Department Director and the
Human Resources Manager.
9.7 Advancement to III Level: Second level employees may advance
to the third level if the following conditions exist:
A. The position is noted under II above (Section 9.6).
B. The employee has been in a second level position for a
minimum of 12 months.
C. The employee has met the qualifications of the third level
position by means of on- the -job training, experience,
23
Article III Miscellaneous Provisions
continuing education, and /or organizational certification.
D. The employee must pass a standardized written and /or oral
examination approved by the Department Director and the
Human Resources Manager with specific emphasis on the
duties and skills required for the position. The District shall
determine the method of evaluation as a means of
measurement of knowledge, skills, and ability.
E. There must exist an open position in the third level:
1. An employee in the third level vacating the position, or
2. The Board of Directors authorizing a new position at the
third level.
F. Employees who advance to the third level position shall be
given a minimum of a one -step salary increase and will be on
probation for a 12 -month period.
9.8 Absence of Qualified Employees: If there are no employees at
the II level who qualify for an opening at the III level, then the District
shall institute open and promotional recruiting.
SECTION 10 — EXAMINATION PROCEDURES
10.1 Open /Promotional Opportunities: When an opening occurs for
a position which is not included in the Personnel Advancement Policy,
employees may compete on an open /promotional basis. Employees
must meet the minimum qualifications of the open position to apply.
At the conclusion of the recruitment and testing process, an eligibility
list of candidates will be prepared. A District manager or his /her
designated representative will interview and select from the candidates
on the eligibility list in the following manner: the four highest ranking
regular District employees shall be interviewed and any outside
candidates who place among the top four candidates on the eligibility
list shall be interviewed.
The top four (4) internal applicants shall be invited to final selection
interview. No external applicant shall be interviewed for final selection
unless he /she scores in the top four of all applicants.
In the event that a vacancy occurs or exists and the possibility of
layoffs exists due to the elimination of a position or positions,
management may limit recruitment. The District agrees to notify the
Union of this occurrence, and the parties agree to meet and confer.
24
Article III Miscellaneous Provisions
SECTION 11 — TRAINEE PROGRAM
11.1 Eligible Classifications: The District shall establish and maintain
a Trainee Program for the classifications of Maintenance Technician
1 /11, Pumping Stations Operator 1 /11, Plant Operator 1 /II, and
Maintenance Crew Member 1 /11. The purpose of this program is to
provide advancement opportunities for District employees interested in
the aforementioned positions.
11.2 Pre - Qualifications:
• Valid California Driver's License
• Completion of the twelfth grade or equivalent
• Must be willing to work shifts on weekends and holidays if
required by the position
• Successful completion of a physical examination related to the
type of work
• Successful completion of related educational courses
• Current regular employee of the Central Contra Costa Sanitary
District
11.3 Selection: Selection of employees to be transferred to the
Trainee Program will occur by the following procedural sequence:
A. Position opening posted on bulletin boards for one week.
B. Employee applies for transfer to Trainee Program opening.
C. Applicants are interviewed by a panel of one employee who is
a member of a legally protected class, one supervisor, and one
manager from the department where the Trainee position is
open. Work performance and seniority shall be among the
factors for selection considered by the panel.
D. Interview panel recommends selection.
E. Department Director makes final selection. Employees not
selected may receive the reasons in writing upon request.
11.4 Promotion: The Trainee Program is intended to provide a period
of preparation and training for promotion into the 1 /11 series of
Maintenance Technician, Pumping Stations Operator, Plant Operator,
and Maintenance Crew Member. The training period will be for one
year. At the conclusion of the one -year period and upon successful
completion of the training course, the trainee will advance to the
25
Article III Miscellaneous Provisions
appropriate 1 /11 classification. If, during the first one - hundred and eighty
(180) days of the training period, the supervisor and Department
Director determine the employee's performance is unsatisfactory and
after attempts to correct any deficiencies it is apparent to them that the
employee will not successfully complete the training period, the
employee will be transferred back to his /her formerly held position.
Also, if the employee determines during the first one - hundred and
eighty (180) days of the training period that he /she wishes to
discontinue the program, he /she shall be transferred back to his /her
formerly held position. A written evaluation will be completed every two
months.
Notwithstanding any other provision of the Memorandum of
Understanding, an employee hired to replace a trainee may, at the
discretion of management, fill the position until the recruitment is
completed and vacancy filled.
The posting for a trainee position will only occur in the event of a
vacant regular position. There will only be one trainee per
classification. If applications for an open trainee position are not
received by the filing deadline, recruitment will be advertised as open
and promotional at the 1 /11 level.
Employees in the trainee program will be eligible to apply for openings
in any position within the job family at the 1 /II level during the one -year
period of training.
11.5 Salary: Trainees will be compensated at the rate of pay in their
most recent regular position unless such rate is higher than the I
classification of the job for which they are training; in that case, the
salary during training would be reduced to the I level. Normal step
raises and seniority will not be affected by the transfer to the Trainee
Program. If the trainee's Performance Appraisal for a step raise is
scheduled within the first ninety days of program participation, the
evaluation will be completed by the immediate past supervisor. If the
Performance Appraisal for a step raise is scheduled later during the
training period, the evaluation will be completed by the supervisor the
trainee reports to in the program.
SECTION 12 — LATERAL TRANSFERS
12.1 Definition: The movement of a regular status employee from a
position within a department, or from a department to a regular position
in another department in the same classification, is considered a
lateral transfer.
26
Article III — Miscellaneous Provisions
12.2 Conditions: The following conditions must exist:
A. An authorized position must be vacant and the Department
Director has determined that the vacancy within his /her
department must be filled.
B. All individuals eligible (in the same classification), who are not
on probation in their first year of District employment, and who
submit applications to the Human Resources Office will be
interviewed by the Department Director when a vacancy exists
and will be considered prior to any other recruitment activity.
C. Factors to be considered regarding a transfer will include, but
not be limited to, related experience, job performance, and
seniority with the District. If all other factors are substantially
equal, seniority will prevail in the selection of the transferee.
D. The General Manager approves the transfer.
12.3 Procedure: Whenever a District - authorized position becomes
vacant and another position exists in the same classification, then the
District shall:
A. Post a lateral transfer job announcement for a period of five (5)
working days, prior to any other notice to recruit and include
the following information:
1. Class description, positional duties, if appropriate.
2. Job location.
3. Department and division, supervisor, and hours at the time
of position opening.
4. Final filing date.
B. The District shall notify an applicant within ten (10) working
days after the final filing date regarding acceptance or denial of
the transfer.
C. When a lateral transfer opportunity is posted and not filled, the
position shall be filled in accordance with District Ordinance
27
Article III Miscellaneous Provisions
Code, Chapter 4. If a promotional examination is deemed
appropriate, the examination posting period will be reduced so
that the total time period for the posting of the lateral and
promotional examination shall not exceed three (3) weeks.
SECTION 13 — SAFETY
13.1 District Safety Committee Membership: The District Safety
Committee shall include four (4) members appointed by the Union.
One appointee shall be from Operations /Plant Maintenance, the
second appointee shall be from Operations /Plant Operations, the third
appointee shall be from Operations /Collection System Operations, and
the fourth appointee shall be either from the Engineering or
Administrative Department.
13.2 Responsibility: Those employees represented by the
Employees' Association, Local #1 and the District shall work towards
maintaining a safe working environment in all the District's divisions
and departments.
The District will continue to make reasonable provisions for the safety
and health of its employees during the hours of their employment and
maintain a strong safety program whose aim is to prevent accidents
and injuries.
13.3 Purpose: The District's ongoing safety program is directed at
preparing employees to recognize unsafe conditions and to avoid them
and how to work safely in the vicinity of potentially hazardous
conditions when it is necessary.
13.4 Cooperation: The employee shall cooperate towards this
common goal by participating in the various safety programs
developed by the District.
13.5 Substance Abuse: Employees who have dependency on alcohol
or other controlled substances are encouraged to voluntarily request
counseling or rehabilitation before their substance abuse leads to
disciplinary action or work - related problems. In cases where an
employee's use of- alcohol or drugs -that leads to disciplinary action or
interferes with regular work duties, subject to the paragraph below, the
District may offer the employee the option to hold in abeyance
proposed disciplinary action and refer the employee for appropriate
counseling or treatment. The District further agrees that an employee
will not be dismissed for the conduct that led to his or her referral to
treatment or counseling while actively participating in such treatment or
28
Article III Miscellaneous Provisions
counseling programs. As a condition of holding proposed disciplinary
action in abeyance and allowing the employee to participate in
counseling or treatment, the employee shall enter into an agreement
with the District regarding the terms of the employee's participation and
authorizing the professional treatment provider to release information
to the District about the employee's status and participation.
The District shall provide an employee with the option to hold
disciplinary action in abeyance and enter counseling or treatment only
once during a ten year period. The ten (10) year period is measured
from the date the employee signs an agreement with the District
regarding participation in treatment or counseling. If, however, the
District has reason to believe that the employee presents a clear and
present danger to himself /herself, other workers, or the public, then the
District need not provide the option to enter counseling or treatment
even if the employee has not previously been offered that option in a
ten (10) year period. The employee may use all available leaves,
including vacation, sick leave and compensatory time, in order to allow
the employee to participate in the program. In addition, the employee
shall have the right to access Article IV, Section 2.6 of the M.O.U.
towards the cost of any program.
SECTION 14 —TOOLS AND EQUIPMENT
14.1 Uniforms: The District furnishes work uniforms and laundering of
them for certain operational personnel.
14.2 Lockers: The District shall provide two (2) lockers for most of
those employees required to wear uniforms during his /her working
hours. Lockers are District property and may be searched by
management at any time without advance notice. If the locker is to be
inspected and the employee is on the jobsite, the employee will be
allowed to be present, and shall have the right to have Union
representation when the locker is inspected. The District will be
responsible for replacing damaged locks.
It is the employee's responsibility to secure his /her valuables. The
District assumes no liability in the case of loss or theft.
14.3 Cars On District Business: When an employee is on District
business requiring transportation, a District vehicle shall be used when
practicable, with prior approval of the employee's supervisor. If a
District vehicle is not available and the employee has the approval of
his/her supervisor, he /she may use a privately owned vehicle and be
compensated on a mileage basis. District cars are not to be used on
private business.
2s
Article III Miscellaneous Provisions
Some employees whose work requires considerable driving and
frequent call outs are assigned a District vehicle at the discretion of the
General Manager. Employees who do not have personally assigned
vehicles shall utilize the District vehicle pool or a privately owned
vehicle.
Each employee who drives his /her personal vehicle to conduct District
business must maintain automobile insurance. Each employee is held
responsible for any traffic citations received.
14.4 Safety Shoes: Employees regularly exposed to foot injuries are
required to wear safety shoes. Employees who are periodically
exposed to foot injuries are advised to wear safety shoes. Employees
will be informed by their immediate supervisor whether or not they are
required to wear safety shoes.
Employees who are either required or advised to wear safety shoes
shall be provided one pair of safety shoes by the District from a
District - designated supplier at a cost not to exceed $200 per pair of
safety shoes, plus replacement if shoes become unusable while
performing District business.
Safety shoes requiring replacement shall be turned in to the
employee's immediate supervisor who makes the appropriate
determination as to their replacement and notifies the employee on
how to proceed with shoe replacement.
SECTION 15 — PROPERTY DAMAGE
15.1 Consideration For Replacement: The District discourages the
use or display of personal property not required for the job by the
employee at work. The District shall consider the replacement of
damaged personal property on a case -by -case basis.
SECTION 16 — MILEAGE
16.1 Allowance: The District -wide mileage allowance for the use of
personal vehicles on District business shall be paid as allowed by the
Internal Revenue Service without tax consequences.
SECTION 17 — DRIVER'S LICENSE
Employees required by their classification to possess a valid Class A,
B, or C Driver's license must report any suspension or revocation of
their driver's license to Human Resources within 24 hours or the next
regular work day of a conviction or loss of driver's license or driving
privileges.
30
Article III Miscellaneous Provisions
In positions where possession of a valid California Driver's License is
mandatory and an employee has his /her license revoked or
suspended, the District may impose disciplinary action up to and
including suspension, demotion, or termination. The District will
consider reasonable accommodation options when practical for the
duration of the employee's inability to perform duties, but not to exceed
twelve (12) months. Discipline may be imposed only if reasonable
accommodation options have been exhausted.
Employees must report all citations received in a District vehicle before
the end of the workday or at the start of the following workday for
citations received outside of the District's regular work hours.
W
Article IV Benefit Provisions
SECTION 1 — EMPLOYEE BENEFITS
1.1 Health Plans: Current regular or probationary employees hired by
the District shall be provided with a choice of three health plans. As of
July 1, 2009 those plans are Kaiser, Health Net HMO, and Health Net
PPO. The premium cost of the plans shall be borne by the District.
However, employees hired after June 30, 2009 who select the PPO
plan shall pay through payroll deduction the difference in premiums
between the PPO plan and the highest cost HMO plan. Effective Julv
1. 2013, all employees who select the PPO plan shall pay through
payroll deduction the difference in premiums between the PPO plan
and the highest cost HMO plan.
1.2 Dual Health Coverage: Those employees having dual coverage
under a health insurance program may withdraw from the District's
health insurance coverage and, in lieu of such coverage, and effective
the first full Pay period following Board approval of this MOU will
receive a District contribution to the Section 401(a) plan additieaaa
in the amount of $4200.00. Continuation of this
program is subject to health plan carrier acceptance.
1.3 Benefits: The parties agree that in the event that federal health
care reform legislation becomes effective during the term of this
Agreement which calls for health and other benefits different, or under
different terms than those provided for in the Agreement, they will
immediately meet and confer for appropriate modifications.
1.4 Retirement: The District shall provide a retirement program for all
employees covered under this M.O.U. District employees who were
members of the Retirement Association on or prior to March 1, 1973,
and who have vested thirty (30) years service in the Retirement Plan
are not required to make any further contributions to the Retirement
Plan.
Those District employees so qualifying shall be entitled to receive a
cash supplement to their compensation equivalent to and in lieu of any
District payment as may be granted and made as a portion of
employee retirement contributions to the retirement program.
Employees will continue to contribute to the employee cost -of- living
(COL) share of the retirement system as required by the Contra Costa
32
Article IV Benefit Provisions
County Employees Retirement Association (CCCERA). In addition,
effective April 18, 2012, employees shall contribute 1.25% of
pensionable compensation toward the employee pension rate. The
payment of the first 1.25% of pensionable compensation toward the
employee contribution rate of their pension back to April 18, 2012 shall
apply only to employees still employed at the time the Board approves
this MOU and shall not apply to any District payments with respect to
incentive pays, overtime, cash -outs, or other types of pay or
compensation other than wage already provided by the District prior to
Board approval.
Effective April 18, 2014, employees shall contribute an additional
1.25% (for a total of 2.5 %) of pensionable compensation toward the
employee pension rate.
Effective April 18, 2015, employees shall contribute an additional
1.25% (for a total of 3.75 90) of pensionable compensation toward the
employee pension rate.
Effective April 18, 2016, employees shall contribute an additional
1.25 0,10 (for a total of 5.0 %) of pensionable compensation toward the
employee pension rate.
Effective April 18, 2017, employees shall pay the entire employee
pension rate toward their pension based on their age at time of hire as
calculated and determined by CCCERA unless a prior year contribution
obligation already brought employee to the full employee share.
1.5 Dental Plan: The District shall provide a dental care program for
all employees covered under this M.O.U.
1.6 Eye Care Plan: The District health plans each provide a
vision /optical plan for their enrollees. The programs vary depending on
the health plan. Employees who waive health plan coverage also waive
vision /optical coverage.
1.7 Disability Plan: The District shall provide a disability program for
all employees covered under this M.O.U.
1.8 Term Life Insurance Plan: The District shall provide a term life
insurance policy equal to two times the employee's annual salary at
Step E to a maximum of $50,000 for all employees covered under this
MOU.
1.9 Deferred Compensation: The District shall offer a Deferred
33
Article IV — Benefit Provisions
Compensation Plan which affords employees the opportunity to defer
receipt of a portion of their salary for savings purposes, thus taking
advantage of deferring payment of income tax until withdrawal. To
participate, the employee may defer up to the amount allowed by law.
Employee participation in the Deferred Compensation plan is voluntary.
1.10 Continuance of Benefit Plan: The District shall have a program
which provides a continued degree of responsibility to the employee
upon retirement and to the dependents of a deceased employee.
Tier I: Employees hired by the District prior to May 1, 1985 shall be
covered by medical, dental, and reduced life insurance plans (one -half
of the life insurance provided at time of retirement for employees hired
before May 1, 1985 ) when they retire from District employment
provided that they meet the "Rule of 65." Under the "Rule of 65" an
employee's age plus years of service with the District at the time of
retirement must total 65, with a minimum requirement that the
employee must be at least age 50 and have at least ten (10) years of
continuous service with the District at the time of retirement. Eligible
employees' qualified dependents (as defined by the plan provider) who
were covered as dependents at the time of retirement also shall be
covered by medical and dental plans.
Tier II: Employees hired after May 1, 1985 will be covered by medical
and dental plans when they retire from District employment, provided
that they meet the "Rule of 65." Under the "Rule of 65" an employee's
age plus years of service with the District at the time of retirement must
total 65, with a minimum requirement that the employee must be at
least age 50 and have at least ten (10) years of continuous service with
the District at the time of retirement. The District shall only pay for the
full cost of an eligible retired employee's medical and dental plan
premiums until the retired employee's 65th birthday. At age 65, the
retired employee shall pay the District fifty percent (50 %) of the cost to
the District for the employee's medical and dental coverage. Eligible
employees shall be provided with reduced life insurance ($10,000)
when they retire from District employment. Eligible employees'
qualified dependents (as defined by the plan provider) who were
covered as dependents at the time of retirement also shall be covered
by medical and dental plans with the exception that the District shall
only pay for the full cost of an eligible dependent's medical and dental
plan premiums until the eligible dependent's 65th birthday. At age 65,
the eligible dependent shall pay the District fifty percent (50 %) of the
cost to the District for the eligible dependent's medical and dental
coverage.
Tier III: Employees hired after June 30, 2009 shall be covered by
34
Article IV Benefit Provisions
medical and dental plans when they retire from District employment
provided that they meet the "Rule of 70." Under the "Rule of 70," an
employee's age plus years of service with the District at the time of
retirement must total 70, with a minimum requirement that the
employee must be at least age 55 and have at least ten (10) years of
continuous service with the District at the time of retirement. For those
employees hired on or after June 30, 2009, the District shall only pay
fifty (50 %) percent of the premium cost for the lowest cost medical plan
for the retiree and spouse, and one - hundred (100 %) percent of the
premium cost for dental for the retiree and spouse until the employee's
65th birthday. At age 65, the retired employee shall pay the District fifty
percent (50 %) of the cost to the District for the retired employee's
dental coverage. Eligible employees' qualified dependents (as defined
by the plan provider) other than the employee's spouse or domestic
partner who were covered as dependents at the time of retirement also
shall be covered by medical and dental plans with the exception that
the employee shall pay the full cost of medical coverage for those
dependents and the District shall only pay the full cost of dental. At age
65, eligible dependents (spouse or domestic partner) shall pay the
District fifty percent (50 %) of the cost to the District for dental
coverage. For Tier III employees hired on or after April 18, 2013, the
District shall pay only fifty percent (50 %) of the premium cost for the
lowest cost dental plan for the retiree and spouse. Tier III retirees and
dependents are ineligible for life insurance.
Miscellaneous: At the time of an eligible employee's retirement, all
qualified dependents (as defined by the plan provider) who already
were dependents at the time of retirement, shall continue to be
covered by the District's medical and dental plans in accordance with
the Tier I and Tier II benefits as stated above. The District shall have
no obligation to pay for coverage for more than two -party (retiree plus
one) coverage for any new and different dependent added after the
date of retirement age (50 years).
The medical coverage for eligible retirees after age 65 will be
integrated with Medicare for all eligible retirees regardless of whether
they were hired before or after May 1, 1985 and eligible dependents
upon their 65th birthday. If the retiree's /dependent's health plan
requires enrollment at age 65 in Medicare Part B, the retiree and /or
dependent shall be responsible for paying the Medicare premiums. For
Tier I and II retirees, upon submission of evidence of payment to
Medicare, the District will reimburse the retiree and /or dependent for
the cost of the Medicare premiums. However, the District will not be
responsible for any penalties or increased costs in the Medicare
premium should the employee and /or eligible dependent not enroll in
Medicare during the enrollment period surrounding his /her 65th
35
Article IV — Benefit Provisions
birthday. For Tier III, the District shall not reimburse any Medicare
premiums.
The program for dependents of a deceased employee shall provide for
the continuance of health and dental benefits for the length of that
employee's total service with the District (in other than temporary
status), or until such time that the spouse remarries, or until such time
that the dependents no longer qualify for benefits as stated by the
District's policies.
1.11 Registration Differential: The Central Contra Costa Sanitary
District shall grant salary merit increases to regular employees who
achieve registration or license as Professional Engineer, Land
Surveyor, Certified Management Accountant, or Certified Public in a
position not requiring such registration or license. Such merit increase
shall be subject to the employee's demonstration of ability to assist in
the accomplishment of District activities requiring a level of skills and
importance normally expected from a person with such certification.
The salary merit increase shall be in the amount of a one step increase
of the employee's basic salary. Employees shall be responsible for
producing the evidence of qualification for such merit increase to their
respective supervisors for consideration under this policy. The
Supervisor shall, upon receipt of the employee's evidence of
qualifications, review such evidence and if found to be affirmative, give
written recommendation for a merit increase to the Department
Director.
Upon review and concurrence by the Department Director, the
recommendation shall be forwarded to the General Manager for his
approval. If approved by the General Manager, the matter shall be
presented to the Board of Directors for consideration.
The District Board of Directors shall consider each recommendation of
the merit increase, and, if granted, it shall become initially effective on
the date that the employee makes written application to the Board
indicating receipt of notification of the registration and /or license and
will continue while that employee occupies a position not requiring
such registration and /or license.
1.12 Employee Assistance Program (E.A.P.): The District will
provide an Employee Assistance Program for all employees covered
by this M.O.U.
1.13 401(a) Money Purchase Plan: In lieu of paying Social Security,
the District will contribute to the 401(a) Money Purchase Plan an
36
Article IV — Benefit Provisions
amount equal to that which would have been contributed to Social
Security on behalf of employees. If, during the term of this
Memorandum of Understanding, the District is required by law to
participate in Social Security, the District will cease contributing to the
401(a) Money Purchase Plan and will meet and confer on the change.
1.14 Cafeteria Plan: The District's Cafeteria Plan shall be available to
all employees covered by this Memorandum of Understanding. The
District shall contribute $50 per month for each employee. Effective
January 1, 2004, the District shall contribute an additional $50 per
month to the Cafeteria Plan for each employee provided that this
additional amount must be used to reimburse eligible cafeteria plan
expenses. The cash option may not be chosen for this additional $50
per month.
SECTION 2 — VACATION
2.1 General: All employees, with the exception of Temporary status
employees, earn paid vacation time from the first month of
employment. However, a new employee without District tenure may not
use any accumulated vacation time until after completion of six (6)
months service. Thereafter, accumulated vacation time may generally
be used as desired, subject to the approval of the Department Director
subject to two (2) weeks notice in advance. The schedule of vacation
days and the maximum number of vacation days which may be
accumulated and deferred is shown in the following tables.
Once vacation leave or earned compensatory time is granted by the
District, the leave may only be denied under emergency situations as
determined by the Department Director.
If leave or earned compensatory time is requested to take place within
thirty (30) calendar days of the request, the District shall grant or deny
the leave within five (5) working days.
37
Article IV — Benefit Provisions
2.2 Vacation Earnings:
A. Current regular or probationary employees hired by the District
prior to May 1, 1985, earn ten (10) hours of vacation per month
worked plus additional allowance for longevity after five (5)
years.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can be Accumulated
Service Allowance and Deferred
0 - 5 Years
15 Days
30 Days
5 -10 Years
16 Days
32 Days
10 -15 Years
17 Days
34 Days
15 -20 Years
20 Days
40 Days
20 -25 Years
25 Days
50 Days
25 -30 Years
30 Days
60 Days
30 & Over
35 Days
70 Days
B. Regular or probationary employees hired by the District after
May 1, 1985, earn 6.67 hours of vacation per month worked
0 -3 years; and ten (10) hours of vacation per month worked
3 -5 years; plus additional allowance for longevity after five (5)
years worked.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can be Accumulated
Service Allowance and Deferred
0 - 3 Years
10 Days
20 Days
3 - 5 Years
15 Days
30 Days
5 -10 Years
16 Days
32 Days
10 -15 Years
17 Days
34 Days
15 -20 Years
20 Days
40 Days
20 -25 Years
25 Days
50 Days
25 & Over
30 Days
60 Days
2.3 Use of Vacation Accumulation: All employees shall be afforded
one calendar year from the anniversary date to use such extra
vacation days to or below the permitted maximum limits.
2.4 Accrual Credit: The extra days accrued due to service of over five
(5) years are credited to each employee's account on his /her
38
Article IV — Benefit Provisions
anniversary date. Employees are notified as they reach the maximum
accrual limit.
2.5 Termination: If an employee leaves the District for any reason,
he /she will be paid for any earned vacation time not used.
2.6 Payment of Accumulated Vacation Time:
A. Employees may request payoff of accumulated vacation time.
B. Employees must have either taken 10 days of vacation time
within the calendar year of application or have accrued
sufficient vacation time to take a mandatory ten days of
vacation time off within the calendar year of application.
C. The maximum number of days which will be considered for
payment in any one calendar year shall be twenty (20) days.
D. The employee shall submit a letter of request for payment of
accumulated vacation to his /her Department Director which
shall include the number of days pay requested. The request
will then be submitted to the General Manager. If all of the
conditions specified above are satisfied, the request will be
considered.
E. Note the following exception to Section 2.6.D. above: payment
of accumulated vacation time above the maximum annual
accrual shall occur automatically on the anniversary date on
which the time would be lost provided that the conditions of
paragraphs B. and C. above are met.
The above policies do not apply to termination of employment or
retirement.
2.7 Integration Of Volunteer Pay: District employees who are
volunteer police or fire fighters shall be allowed to integrate vacation
pay with police or fire fighter pay for the period of time they are called
to serve in a civil or state emergency.
39
Article IV Benefit Provisions
SECTION 3 — HOLIDAYS
3.1 Holiday Schedule: There are thirteen (13) paid holidays.
• New Year's Day
(January 1)
• Martin Luther King, Jr.'s Birthday
(Third Monday in January)
• Lincoln's Birthday
(February 12)
• Washington's Birthday
(Third Monday in February)
• Memorial Day
(Last Monday in May)
• Independence Day
(July 4)
• Labor Day
(First Monday in September)
• Veterans Day
(November 11)
• Thanksgiving Day
(Fourth Thursday in
November)
• Day after Thanksgiving
• December 24
• December 25
• December 31
3.2 Weekend- Designated Holidays: If a designated holiday falls on a
Saturday, the preceding work day not a holiday shall be deemed to be
the holiday and if the holiday falls on a Sunday, the following work day
not a holiday shall be deemed to be that holiday.
3.3 Holiday Compensation: All employees, with the exception of
Temporary status employees, who are required or authorized to work
on a holiday listed above, will be paid at the rate of time and one -half
the normal regularly assigned basic pay rate in addition to the normal
monthly pay except for New Year's Day, Thanksgiving Day, and
Christmas which will be paid at a double -time rate in addition to the
normal monthly pay.
Employees required to work on a Friday immediately preceding a
holiday or Monday immediately following will receive pay at time and
one -half the normal basic pay rate or receive time and one -half off at a
later date.
40
Article IV — Benefit Provisions
SECTION 4 — LEAVES
4.1 Sick Leave: Current regular or probationary employees hired by
the District prior to May 1, 1985, earn fifteen (15) days sick leave per
year. Regular or probationary employees hired by the District after May
1, 1985, earn twelve (12) days sick leave per year. Sick leave is to be
used only in case of real sickness, disability, medical or dental care for
the employee, or up to ten (10) days annually may be used to attend to
the health needs of an immediate family member. If all accumulated
sick leave is used, earned vacation time may be used as sick leave in
order to receive full regular pay. Probationary employees are eligible to
use earned sick leave as required.
4.2 Doctor's Release: If absence due to illness or injury exceeds five
(5) working days, the District may, through the Human Resources
Office, require a doctor's release upon the employee's return to work.
However, the District may, after consultation with the employee and
with advance written notice, require a doctor's release to return to work
for any sick leave time taken. In cases where the District has cause to
believe it would be in the employee's best interest, for reasons of
health and safety, the District may require a Functional Capabilities
Evaluation signed by the employee's treating physician or the District's
Occupational Health Physician before the employee is allowed to
resume full duties after an illness or injury. In the event the employee is
not able to have the Functional Capabilities Evaluation form completed
immediately, the District will accept a less complete release signed by
a medical doctor for a period of five (5) days to allow for the return of
the Functional Capabilities Evaluation form.
4.3 Notification: An employee must notify the immediate supervisor if
calling in sick at the beginning of the employee's assigned work hours;
if the immediate supervisor is unavailable, then the notification shall
follow the chain of command.
4.4 Sick Leave Accumulation: Unused sick leave accumulates from
one year to the next. There is no maximum limitation. The balance of
unused accumulated sick leave is credited as longevity upon
retirement.
4.5 Sick Leave Incentive Benefit: For current regular or probationary
employees hired by the District prior to May 1, 1985, the District shall
augment the regular sick leave policy with an incentive benefit using a
formula crediting eighty five (85 %) percent of the employee's yearly
unused sick leave to an accumulating account for that person. For
41
Article IV Benefit Provisions
regular or probationary employees hired by the District after May 1,
1985, the following schedule shall apply:
Years of Pay -off Credit Pay -off Credit
Service at Termination at Retirement
0 - 5 Years 0 Percent 0 Percent
5 - 10 Years 25 Percent 25 Percent
10 - 25 Years 25 Percent 35 Percent
25 and Over 25 Percent 40 Percent
Payment for all credited sick leave will be made upon retirement or
termination of employment only if the employee provides the District
with a minimum two (2) weeks' notice.
4.6 Work - Incurred Injuries: The District's policy for charging sick
leave for work - incurred injuries or illness shall be as follows:
An employee requiring medical attention for a work- incurred injury or
illness will not be required to charge the portion of time spent on the
day of injury receiving medical care to his /her sick leave record. After
the doctor has released the employee from his office, any additional
time off on that day will be charged to the employee's sick leave
account. Emplovees shall be allowed paid release time for work-
related iniury doctor and /or physical therapy appointments.
The day the injury or illness occurred is considered to be the first day
of the three -day waiting period required by State Compensation and
the District Salary Continuance Plan.
4.7 Salary Continuance Plan: It shall be the general policy of the
District to continue pay to an employee under the Salary Continuance
Plan when an employee incurs a work - related injury or illness. This
plan commences if the employee qualifies for temporary disability
payments from Worker's Compensation for the disability and, if in the
opinion of the District, the disability is work - related. If the injury or
illness is determined legitimate, all of the employee's regular benefits
will continue during the time this plan is in effect.
The salary continuance will be equivalent to seventy (70 %) percent of
gross compensation less any Worker's Compensation payments.
The maximum period for which this plan could be used by an
employee will be six (6) months or until a stable level of disability is
reached, whichever occurs first.
Article IV — Benefit Provisions
The Salary Continuance Plan will commence on the fourth day after
the disabled employee leaves work as a result of the injury or illness
after a three -day waiting period. However, if the injury or illness causes
disability of more than fourteen (14) days or necessitates
hospitalization, the Salary Continuance Plan will become effective from
the first day the injured employee leaves work as a result of the injury
or illness.
The employee may use vacation or sick leave accrual or earned
overtime during this three -day waiting period.
4.8 Death In Family: In the event of a death in the immediate family of
an employee, the employee may, after notifying his /her supervisor, be
absent up to a maximum of ten (10) days and have the time off
charged to his /her sick leave account. Accrued vacation time may be
used if additional time is required. If the employee does not have
sufficient vacation time or earned overtime available, he /she may use
up to three days of leave without pay, with Department Director
approval. For purposes of this section, "Immediate Family" consists of
the following persons; mother, father, husband, wife, brother, sister,
son, daughter, in -laws, grandparents, or registered domestic partners.
Verification may be required.
4.9 Jury Duty: If an employee is called for jury duty, he /she may take
the time off with pay and not take any monies from the court (not
including mileage allowance or meal expense). Mileage allowances
shall be kept by the employee under any circumstances. Shift workers
summoned for jury duty shall be rescheduled to avoid serving on jury
duty during the day and working at night on the same day.
4.10 Military Leave: Employees who are assigned to military duty are
entitled to military leave in accordance with the provisions of applicable
state laws (California Military and Veterans Code, Section 395 et seq.).
4.11 Pregnancy Disability: For the purposes of State Disability
Insurance, Pregnancy Disability Leave is effective the first date the
employee is disabled, e.g., if an employee's last day of work is 9/1, and
the baby is delivered on 10/1, then the effective date of Pregnancy
Disability Leave will be 9/1. The District will require verification from the
employee's physician.
Upon termination of the disability, (generally six weeks following a
regular delivery, eight weeks following a Caesarean Section, or the
43
Article IV Benefit Provisions
length of the disability), the employee will no longer be able to use sick
leave, but will be allowed to use any accrued vacation, earned overtime
or leave without pay. The combination of time off for approved
Pregnancy Disability Leave and Family Medical Leave may not total
more than seven months per occasion. This requires the approval of
the Department Director.
4.12 Leave of Absence Without Pay: Employees may request a
leave of absence without pay through his /her supervisor. A leave of
absence without pay for up to thirty (30) working days may be
approved by the Department Director and the General Manager.
Longer leave shall require the approval of the Board of Directors and
may be made if there is a compelling reason and the employee's work
unit will not be unduly affected by the employee's absence. During an
extended leave, the employee's employment status and seniority will
remain unchanged. Health plan insurance benefits will be continued for
only medically - related leaves. However, all other rights, privileges, and
benefits of employment are suspended until the employee's return to
active employment.
4.13 Court/Witness Appearances: All employees who need time off
work to attend legal proceedings must give advance notice of the need
for such time off.
A. The District will compensate an employee as if the employee
was at work for time spent attending legal proceedings under
the following circumstances:
1. Attendance at arbitrations held pursuant to this M.O.U.;
2. Responding to a subpoena or notice of deposition except
as noted below in Section 4.13.8;
3. Attendance at a legal proceeding at the instruction of
District management.
B. The District will not compensate an employee as if the
employee was at work for attending a legal proceeding under
the following circumstances:
1. If the employee is an expert witness;
2. If the legal proceeding is against the District and the
employee is a plaintiff in that action;
3. If the employee participates in a legal proceeding and the
44
Article IV Benefit Provisions
proceeding does not involve the District.
Such employee must apply for vacation leave, earned overtime, or
leave of absence without pay.
4.14 Family And Medical Leave: The District will comply with the
provisions of the Family and Medical Leave Act and the California
Family Rights Act. The District will require an employee to exhaust
his /her sick leave prior to considering a leave of absence without pay
for the purposes of family or medical leave.
4.15 Birthday Leave: Each employee covered by this agreement shall
receive a paid leave day for their birthday. This day shall be taken
during the same calendar month of, or the next calendar month after,
the employee's birthday on a date mutually agreed upon by the
employee and the supervisor. If this day is not used during the month
of or the month after the employee's birthday, it is lost. Under no
circumstances will the employee receive any premium, holiday pay, or
additional compensation for working on their birthday. Nothing
involving the date selected or the method of selection shall be subject
to the grievance provisions of the Memorandum of Understanding.
SECTION 5 — MEAL ALLOWANCE
5.1 Stand -By: Employees other than Operations personnel who are on
paid stand -by and called in will receive a 60- minute paid meal break
after four (4) hours' overtime work, but not meal allowance.
5.2 Call -In Not On Stand -By: Those called in who are not on
stand -by, other than Operations personnel, will receive a paid
60- minute meal break after four (4) hours' overtime work. In addition,
they will receive a $12.00 meal allowance. Operations personnel will
receive the meal allowance, but not the paid meal break.
5.3 Unscheduled Hold -Over: Employees other than Operations
personnel who are held over on shift will receive a paid 60- minute meal
period plus a $12.00 meal allowance after four (4) hours' overtime
work. Operations personnel will receive the meal allowance, but not the
paid meal break.
5.4 Scheduled Overtime: Employees who are on scheduled Overtime
who are not hold -overs will receive neither a meal allowance nor a paid
meal period. A minimum of twenty -four hours' notice to work overtime
shall constitute scheduled overtime.
5.5 Common To All: All employees other than Operations personnel
45
Article IV Benefit Provisions
who work in excess of four (4) hours after completion of the first meal
period will be entitled to a second meal period and payment of $12.00.
Operations personnel will receive the meal allowance, but not the paid
meal break. Meal periods and meal allowances will be paid only for
overtime hours and will not be paid for scheduled working hours. The
paid meal period includes cleanup time. Receipts will not be required
for meal allowances.
SECTION 6 —TRAINING
6.1 Training And Development Policy: It is the goal of the Central
Contra Costa Sanitary District to carry out its responsibilities with the
best possible balance of effectiveness and economy. This goal can
best be accomplished by helping its employees develop the skills,
knowledge, and understanding to perform essential tasks.
The development of the skills, knowledge, and understanding is the
responsibility of each employee and will be supported by the District
through a flexible program of employee training and development.
This program will include, but not be limited to, education tuition
reimbursement, seminars, conferences, training sessions, and
on- the -job training.
6.2 Education - Tuition Refund Policy: The District will reimburse
employees (with the exception of those in a temporary status or on a
L.O.A.) desiring to further their education for the purpose of improving
their on- the - job - performance. Approval will be given for courses within
the scope of the employee's employment field and District job
responsibilities, and for training for higher positions within the job
family. Class and study time must be outside of the employee's
working hours, and the completion of the course must result in at least
a C grade or its equivalent. The maximum tuition refund to an eligible
employee shall not exceed $2,000. An employee may elect to apply
part of the tuition refund toward the purchase of course - required
textbook(s), which will then be retained by the District at the completion
of the course. Requests for the budgeting of education tuition refunds
must be submitted to the employee's Department Director by March 15
of each year. The District will notify employees in February of each
year of the March 15 deadline.
46
Article V Concluding Provisions
SECTION 1 — SAVINGS
1.1 Invalidation: If any provision of this Memorandum of
Understanding should be held invalid or outside the scope of
bargaining by operation of law or by the final judgment of any court of
competent jurisdiction, the remainder of this Memorandum of
Understanding shall not be affected thereby.
In the event of invalidation of any section of this Memorandum of
Understanding, the parties agree to meet and confer within thirty (30)
days after such determination for the purpose of arriving at a mutually
satisfactory replacement for such section.
SECTION 2 — APPLICATION
2.1 Waiver: This Memorandum of Understanding states all
agreements between the District and those employees represented by
the Union and constitutes a clear and unequivocal waiver of any
benefit or privilege not specifically stated in this Memorandum of
Understanding.
2.2 Practices: Should the District take action to change its practices in
subjects within the scope of meet and confer as specified in
Government Code Section 3500 et seq. which are not a part of this
Agreement, the District agrees to meet and confer before taking such
action.
SECTION 3 — TERM
3.1 Length of Agreement: This Memorandum of Understanding shall
remain in full force and effect from April 18. 2012'u'009 through
December 17, 2017.ApFil 17, 20122.
SECTION 4 — DISTRIBUTION OF AGREEMENT
4.1 Shared Cost: Following ratification of this Agreement by both
parties herein, said parties shall share equally the cost of preparing
and distributing a sufficient number of copies to all members of the
bargaining units and designated management personnel. Additionally,
the District shall distribute a copy of this Agreement to all new
employees covered by the Memorandum of Understanding.
47
Article V Concluding Provisions
SECTION 5 — SIGNATURES TO AGREEMENT
5.1 Signatures: Signed and entered into this 20th day of December,
201208, subject to the approval of the respective parties.
48
Side Letter
Ruble E-rwMaleyees - Up49�- L- esat - #1
■
. ............ .... .
AgFeement, the P*GtFmGt shall listeR
te-a pFesea
Aese es and will net
49
INDEX
Accrual Credit; Vacation ............................. .............................36
Accumulation; Overtime ................................. ..............................5
Advancement to Level II ................................ .............................22
Advancement to Level III ............................... .............................22
Alternative Work Schedules .......................... .............................19
Application; Waiver, Practices ....................... .............................45
Appointment of Relatives ............................... .............................19
• Application ..................................... .............................20
• Definition ........................................ .............................20
• Officials .......................................... .............................19
• Restrictions .................................... .............................19
Benefit Provisions ....................................... .............................31
BirthdayLeave ............................................... .............................43
CafeteriaPlan ............................................. .............................35
Career Service Pay ......................................... ..............................4
Cars on District Business .............................. .............................28
Classification Requiring Certification, Registration, or License ....7
• Class A/Class B Driver's License ... ..............................7
• General ........................................... ..............................7
Compliance With The Americans With Disabilities Act (ADA) .....2
Continuance of Benefit Plan .......................... .............................32
• Tier I .................................................... .............................32
• Tier 11 ................................................... .............................32
• Tier III .................................................. .............................33
• Miscellaneous ..................................... .............................33
Court/Witness Appearances .......................... .............................42
Deathin Family ........................................... .............................41
Deferred Compensation ................................ .............................32
DentalPlan .................................................... .............................31
DisabilityPlan ................................................ .............................32
Disciplinary Procedure ................................... .............................12
• Appeal ............................................ .............................18
• Disciplinary Action .......................... .............................12
• Dismissal of an Employee ............. .............................15
• Fair and Impartial Hearing for Disciplinary
Action and Dismissal of Employees ...........................17
Distribution of Agreement; Shared Cost ........ .............................45
DistrictRights ................................................. ..............................1
Doctor's Release ........................................... .............................39
Driver's License ............................................. .............................29
Dual Health Coverage ................................... .............................31
Education; Tuition Refund Policy ................ .............................44
Eligible Classifications (Promotions) ............. .............................21
Employee Assistance Program ( EAP) ........... .............................35
Employee Benefits ......................................... .............................31
• 401(A) Money Purchase Plan ........ .............................35
• Benefits .......................................... .............................31
• Cafeteria Plan ................................ .............................35
• Continuance of Benefit Plan .......... .............................32
• Dental Plan .................................... .............................31
• Deferred Compensation ................. .............................32
• Disability Plan ................................. .............................32
• Dual Health Coverage .................... .............................31
• Employee Assistance Program (E.A.P.) .....................35
• Eye Care Plan ................................ .............................31
• Health Plans ................................... .............................31
• Registration Differential .................. .............................34
• Retirement ..................................... .............................31
• Term Life Insurance Plan ............... .............................32
Employee Reclassification Requests; Procedure .......................20
Examination Procedures; Open /Promotional
Opportunities................................................. .............................23
Exclusive Representation ............................... ..............................1
Failure to Pass Examination ........................ .............................21
Fair and Impartial Hearing for Disciplinary Action and
Dismissal of Employees ................................ .............................17
Family and Medical Leave Act ....................... .............................42
General Increases ....................................... ..............................3
Grievance Procedure ...................................... ..............................9
• Employee- Processed Grievance ... .............................12
• General ........................................... ..............................9
• Grievance Processing During Regular
Working Hours .............................. .............................12
• Grievance Witnesses ..................... .............................12
Conditions ........................................... .............................26
• Group Grievances .......................... .............................11
•
• Matters Not Subject to Grievance ... ..............................9
• Matters Subject to Grievance ......... ..............................9
Procedure ............................................ .............................26
• Miscellaneous Provisions ............... .............................11
Layoff; Provisions .......................................... .............................20
• Procedure ...................................... .............................10
Leaves........................................................... .............................39
• Self Representation ........................ ..............................9
•
• Separate Grievance File ................ .............................12
HealthPlans ................................................ .............................31
Holidays......................................................... .............................38
• Holiday Compensation ................... .............................38
• Holiday Schedule ........................... .............................38
• Weekend- Designated Holidays ..... .............................38
Holiday Compensatory Time ......................... .............................38
Hoursof Work ............................................... .............................18
• Alternative Work Schedules ........... .............................19
• Regular Work Week ...................... .............................18
JuryDuty ..................................................... .............................41
Lactation Accommodation ............................ ..............................2
LateralTransfers ........................................... .............................25
•
Conditions ........................................... .............................26
•
Definition ............................................. .............................25
•
Procedure ............................................ .............................26
Layoff; Provisions .......................................... .............................20
Leaves........................................................... .............................39
•
Birthday Leave .................................... .............................43
•
Court/Witness Appearances ............... .............................42
•
Death in Family ................................... .............................41
•
Doctor's Release ................................. .............................39
•
Family And Medical Leave .................. .............................42
•
Jury Duty ............................................. .............................41
•
Leave of Absence Without Pay ........... .............................42
•
Military Leave ...................................... .............................41
•
Notification .......................................... .............................39
•
Pregnancy Disability ............................ .............................41
•
Salary Continuance Plan ..................... .............................40
• Sick Leave ........................................... .............................39
• Sick Leave Accumulation .................... .............................39
• Sick Leave Incentive Benefit ............... .............................39
• Work- Incurred Injuries ........................ .............................40
License Requirement ...................................... ..............................7
Lockers....................................................... .............................28
Longevity Compensation; Career Service Pay .............................4
Maintenance Of Membership, Agency Shop, Dues Checkoff ...8
• Application ............................................ ..............................8
• District Responsibility ........................... ..............................9
• Exclusions ............................................ ..............................8
• Failure to Comply ................................. ..............................9
• Method of Payment .............................. ..............................8
• Union Responsibility ............................. ..............................8
Management And Union Rights ...................... ..............................1
• District Rights ....................................... ..............................1
• Title IV of District Code ........................ ..............................2
• Union Rights ......................................... ..............................1
MealAllowance .............................................. .............................43
• Call -In Not on Stand- By ....................... .............................43
• Common to All .................................... .............................43
• Scheduled Overtime ............................ .............................43
• Stand- By .............................................. .............................43
• Unscheduled Hold- Over ...................... .............................43
Merit Increases ............................................... ..............................3
Mileage; Allowance ........................................ .............................29
MilitaryLeave ................................................. .............................41
Money Purchase Plan — 401(a) ..................... .............................35
Night Shift Differential .................................. ..............................5
Nondiscrimination ........................................... ..............................2
• Compliance With The Americans With
Disabilities Act ( ADA) ............................ ..............................2
• Lactation Accommodation .................... ..............................2
Notification; Leaves ....................................... .............................39
Open /Promotional Opportunities; Examination Procedures.... 23
Outof Class Pay ............................................. ..............................4
Overtime......................................................... ..............................5
• Accumulation ........................................ ..............................5
• Holiday Compensatory Time ................ ..............................5
• Rate ...................................................... ..............................5
Paycheck Distribution ................................... ..............................3
Payment of Accumulated Vacation Time ...... .............................37
Pregnancy Disability Leave ........................... .............................41
Promotional Opportunities ............................. .............................20
• Absence of Qualified Employees ........ .............................23
• Advancement To II Level .................... .............................22
• Advancement To III Level ................... .............................22
• Eligible Classifications ......................... .............................21
• Failure To Pass Examination .............. .............................21
• General ............................................... .............................20
• Recommendation For Advancement .. .............................21
• Salary Increase ................................... .............................22
Property Damage; Consideration For Replacement ..................29
Reclassification Requests, Employee ......... .............................20
Recognition And Coverage ............................. ..............................1
Recommendation For Advancement ............. .............................21
Regular Work Week ...................................... .............................18
Registration Differential ................................. .............................34
Registration Requirement ............................... ..............................7
Retirement..................................................... .............................31
Rights; Union .................................................. ..............................1
Safety........................................................ ............................... 27
• Cooperation ......................................... .............................27
• District Safety Committee Membership ............................27
• Purpose ............................................... .............................27
• Responsibility ...................................... .............................27
• Substance Abuse ................................ .............................27
SafetyShoes ................................................. .............................29
Salary.............................................................. ..............................3
• Certification .......................................... ..............................3
• General Increases ................................ ..............................3
• Merit Increases ..................................... ..............................3
• Out -of -Class Pay .................................. ..............................4
• Paycheck Distribution ........................... ..............................3
• Terminal Compensation ....................... ..............................4
Salary Continuance Plan ............................... .............................40
Salary Increases; Promotional Opportunities .............................22
Savings; Invalidation ...................................... .............................45
Scheduled Overtime; Meal Allowance ........... .............................43
Shift Differentials ............................................ ..............................5
• Night Shift Differential .......................... ..............................5
• Swing Shift Differential ......................... ..............................5
• WorkWeek .......................................... ..............................5
Sick Leave ..................................................... .............................39
Sick Leave Accumulation .............................. .............................39
Sick Leave Incentive Benefit ......................... .............................39
Sick Leave Notification .................................. .............................39
Signatures to Agreement ............................... .............................46
Stand -By; Meal Allowance ............................. .............................43
Stand -By And Call Back - Time ........................ ..............................6
• Call -Out Period ..................................... ..............................6
• Eligible Classifications ......................... .............................23
• Call -Out Pay ......................................... ..............................6
• Pre - Qualifications ................................ .............................24
• Consecutive Call -Outs ......................... ..............................7
• Promotion ............................................ .............................24
• Conversion of Stand -By Pay ................ ..............................7
• Salary .................................................. .............................25
• General ................................................ ..............................6
• Selection ............................................. .............................24
• Stand -By Pay ....................................... ..............................6
Training and Development Policy .................. .............................44
Substance Abuse .......................................... .............................27
Swing Shift Differential ................................... ..............................5
Temporary Employees; Appointment Limitation .......................19
Term; Length of Agreement .......................... .............................45
Term Life Insurance Plan .............................. .............................32
Terminal Compensation ................................. ..............................4
Termination; Vacation .................................... .............................37
Tools and Equipment ..................................... .............................28
• Cars on District Business .................... .............................28
• Lockers ............................................... .............................28
• Safety Shoes ....................................... .............................29
• Uniforms .............................................. .............................28
TraineeProgram ........................................... .............................23
• Eligible Classifications ......................... .............................23
• Pre - Qualifications ................................ .............................24
• Promotion ............................................ .............................24
• Salary .................................................. .............................25
• Selection ............................................. .............................24
Training and Development Policy .................. .............................44
Uniforms..................................................... .............................28
UnionMembership ......................................... ..............................8
• Application ............................................ ..............................8
• District Responsibility ........................... ..............................9
• District Rights ....................................... ..............................1
• Exclusions ............................................ ..............................8
• Failure to Comply ................................. ..............................9
• Method of Payment .............................. ..............................8
• Union Responsibility ............................. ..............................8
• Union Rights ......................................... ..............................1
Unscheduled Hold -Over; Meal Allowance ..... .............................43
Use of Vacation Accumulation ...................... .............................36
Vacation...................................................... .............................35
• Accrual Credit ...................................... .............................36
• General ............................................... .............................35
• Integration of Volunteer Pay ................ .............................37
• Payment of Accumulated Vacation Time .........................37
• Termination ......................................... .............................37
• Use of Vacation Accumulation ............ .............................36
• Vacation Earnings ............................... .............................36
Weekend- Designated Holidays .................. .............................38
Work- Incurred Injuries; Leaves ..................... .............................40
Work Week; Shift Differentials ....................... ..............................5