HomeMy WebLinkAbout10. Adopt MOU with Public Employees Union, Local One, effective 12-18-17 Page 1 of 125
Item 10.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 1, 2018
SUBJECT: ADOPT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
DISTRICTAND THE PUBLIC EMPLOYEES UNION, LOCAL ONE,
EFFECTIVE DECEMBER 18, 2017 THROUGH APRIL 17, 2022
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O'MALLEY, HUMAN RESOURCES OPERATIONS - POD - HUMAN RESOURCES
MANAGER
REVIEWED BY: ANN SASAKI, DEPUTY GENERAL MANAGER
Deputy General Mgr.Ann Sasaki
for General Manager Roger S. Bailey
ISSUE
The Public Employees Union, Local One, ratified a successor Memorandum of Understanding (MOU)
with the District on August 22, 2018 and formal adoption by the Board of Directors is required.
BACKGROUND
Representatives of the Board and the Public Employees Union, Local One bargaining team met
numerous times since April 2017 in negotiations for a successor MOU to the existing MOU which expired
on December 17, 2017. As part of a mediated settlement, the parties reached a tentative agreement that
balances the needs of the District and the employees. On August 28, 2018, the Board approved the
terms of the successor MOU and directed staff to work with the Union to draft the language for the final
MOU.
Agreement was reached on the following items which have a financial impact:
November 1, 2018 Regular Board Meeting Agenda Packet- Page 146 of 499
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• Transition to CALPERS Healthcare: The District will contract with CALPERS to provide
employee healthcare. The District will adopt the PEMCHA minimum vesting schedule for active and
retiree healthcare. For active employees, the premium costs of the core plans, defined as Kaiser
and HealthNet SmartCare, shall be borne by the District. The retiree health benefits shall remain the
same as the current Tiers in the existing MOU.
• Healthcare Reimbursement Account: Effective with the implementation of CALPERS
Healthcare, the District shall contribute 1.5% of base salary to a Healthcare Reimbursement Account
(HRA)for Tier I I I bargaining unit members.
• Wage Increase: Effective August 18, 2018, employees'wages shall be increased by 3.75%. On
April 18, 2019,April 18, 2020 and April 18, 2021, employees'wages shall be adjusted by the
change in the Consumer Price I ndex(CPI)for all Urban Consumers (San Francisco/Oakland/San
Jose) during the most recently completed February to February time period, with a minimum of 2%
and a maximum of 3.75%.
• Sick Leave Incentive: Beginning April 17, 2022, any cash-out of sick leave accruals shall be
deducted from an employee's sick leave accrual bank at time of retirement. Any remaining balance
shall be reported to Contra Costa County Employees' Retirement Association (CCCERA) as
retirement service credit.
• Bilingual Pay: Within 120 days of the effective date of the MOU, the District, in consultation with
Public Employees Union, Local One, shall evaluate existing levels of bilingual demand. Employees
whose bilingual skills provide the District a benefit in providing District services shall be designated
by the Department Director and approved by Human Resources to receive a bilingual allowance. An
employee designated for a bilingual allowance shall receive a differential $75.00 per month.
• Class A/Class B Driver's License: Employees who are required and assigned by the District to
hold a Class A or Class B commercial driver's license shall see an increase in their differential from
$75.00 per month to $85.00 per month.
• Crane and Boom Truck Assignment Pay: Employees who are assigned Crane and Boom Truck
duties and who are required to obtain and maintain the proper certification to operate this equipment
shall receive a differential of$85 per month. Employees who maintain both a Class A or B license
and Crane and Boom Truck Certification may receive no more than a total of$85.00 per month.
• Safety Shoes: Employees who are either required or advised to wear safety shoes shall be
provided one pair of safety shoes and accessories with the limit per pair increasing from $200 to
$230.
• Meal Allowance: The meal allowance shall increase from $12.00 to $15.00. Effective January 1,
2019, the rate for meal allowances shall increase to $16.00, on January 1, 2020, it shall increase to
$17.00 and on January 1, 2021, it shall increase to $18.00.
• Holiday Pay: Employees required to work on either December 24th or December 31st or on the
days the District observes those holidays shall be paid at a rate of time and one-half.
Attached are both a marked-up version and clean copy of the final draft of the MOU between the District
and the Public Employees Union, Local One.
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ALTERNATIVES/CONSIDERATIONS
None.
FINANCIAL IMPACTS
Taking into consideration the projected savings from switching to CalPERS Healthcare, the proposed net
cost impact over the proposed term of the contract(if CPI reaches the maximum cap of 3.75%) is a
savings of approximately$56,000 over the term of the contract.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Committee.
RECOMMENDED BOARD ACTION
Adopt the Memorandum of Understanding (MOU) between the District and the Public Employees Union,
Local One, effective December 18, 2017 through April 17, 2022.
Strategic Plan Tie-In
GOAL FOUR: Develop and retain a highly trained and innovative workforce
Strategy 2- Enhance relationships with employees and bargaining units
ATTACHMENTS:
1. MOU - Local #1 (Strikeout)
2. MOU - Local #1 (Clean)
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Article I—Introductory Provisions
MEMORANDUM
Of
UNDERSTANDING
between
hie
Central Contra Costa
Sanitary District
.4nditFie
t4p corp
79
o �
Employees' Association,
Public Employees Union, Local #1
April 2 December 18, 2017
through
DeeemberZ2917April 17, 2022
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Article I—Introductory Provisions
M. .a a
Mq"
SECTION 1 —RECOGNITION AND COVERAGE
1.1 Exclusive Representation: The Central Contra Costa Sanitary
District Employees'Association, Public Employees Union, Local#1,
an affiliate of the American Federation of State, County and Municipal
Employees (AFSCME), AFL--CIO 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.
JkECTION 2—MANAGEMENT AND UNION RIGHTS
2.1 Union Rights: The Union Central Geentra Gesta— SanitaFy n,S+r,„+
Empleyees'AsSE)Giat'GR, PubliG EFRP'ey8eS Un,„n LOGal # is the
exclusive recognized representative of all employees of the District
except Management-and Management Support/Confidential and
temporary employees.
It is also recognized that the District and duly appointed
representatives of the Union 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 the Union Local-# . Upon the Union's Local #T-written
request, the District will provide this information to the Union LOGal#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 the Union
LeGal 1 sRGe twice per calendar year.
The Union shall have the right and opportunity to hold an orientation
session with all newly hired employees. This orientation session shall
be for the purpose of explaining the new employee's contractual rights
and introducing him/her to the Union. The orientation will be held
within fifteen days of the employee's hire date and shall be during
working hours at a time agreed to by the employee's immediate
supervisor, not to exceed thirty (30) minutes in duration.
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Article I—Introductory Provisions
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 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 raGe, GGIGT
Greed notienal erigin, v disability, religien n nlitinol belia9c
race, religion, color, national origin, ancestry, marital status, age,
gender, sexual orientation, physical or mental disability, or medical
condition, consistent with applicable state and federal law.
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.
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Article II—Salary Provisions
ARTICLE 11—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 August 18, 2018, employees' wages
shall be adjusted by 3.75%. 1 '��Effective April 18, 20193,
April 18, 2020 , and April 18, 202145, Ar,rl 192016, and o„rVl �Q
, employees'wages shall be adjusted 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. If the
applicable CPI is less than 2%, than the salary increase will be 2%. If
the applicable CPI is greater than 3.75%, than the salary increase will
be 3.75%. ; ° ° wage
increase will be added to the CPI adjustment for the term of the MOU.
The payment of the first wage increase back to August 18, 2018 April
19�=shall only apply to employees still employed at the time the
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Article II—Salary Provisions
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 approval.
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%;
• 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.
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.
1.7 BILINGUAL PAY
Within 120 days of the effective date of this agreement, the District,
in consultation with Lesaf"the Union, ma^at.�Faementshall evaluate
existing levels of bilingual demand. Employees whose bilingual
skills provide the District a benefit in providing District services
shall be designated by the Ddepartment Director and approved by
Human Resources-to receive a bilingual allowance. An employee
designated for a bilingual allowance shall receive an additional
$754W per pay period menth. The allowance will only be paid
when the employee is in an active pay status, and not on a leave
of absence without pay.
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Article II—Salary Provisions
SECTION 2—LONGEVITY COMPENSATION
2.1 Longevity Career ServiGe Pay: A two and one-half(2.5%) percent
career service pay increase will be granted to employees after ten (10)
years of continuous employment with the District.
For current employees as of the Board's approval of An
additional two and one-half percent (2.5%)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 yea,G,gevity'RGrease shall be applied retreaGtiye tri AprH 9R
2012 to r. alifyiRg o .,levees whe still o pleyed of the time this
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.
3.4 Relief Operator Differential: Relief Operator Differential applies
only to employees who are regularly scheduled to work the position of
Relief Operator. The rate of pay for the Relief Operator Differential is
determined by increasing the basic hourly salary for the iob by seven
and one-half(7.5%) 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.
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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). 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-pers�an
employee terminates employment with the District before having used
up his/her Holiday Compensatory Time, he/she shall be paid for it.
Effective on after january 1 201-3 eEmployees 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 Division.
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,
circumstances may arise where advance notice is not possible.
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Article II-Salary Provisions
5.2 Stand-By Pay: Employees, other than Pumping Stations
Operators and designated IT staff, 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 and IT staff who have the ability to
remotely resolve issues 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 each way 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 which, includes
+req travel time. 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: Emple„ees inaRY GlassifiGatien FeqHiFiRg ertifiGatien
registration, l+eeRs8 must ebtaiR said "G8nse, r istrati„r
promotion,certification within one year of hire date or date of
nor be
subject to termination or demotion at the end of one year,
An employee shall be granted paid release time to take job
classification required certification, registration, and/or licensing tests
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Article 11—Salary Provisions
only if administered during the employee's regularly scheduled work
hours. To be eligible, it must be a requirement of the employee's
current job classification or be within the same mob classification series
as defined in Section 9.2
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
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 $7585.00
per month. The $ 85.00 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 $7585.00 will be prorated and the
employee 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.
6.3-Crane and Boom Truck Assignment Pay: -Employees who are
assigned Crane and Boom Truck duties and who are required to
obtain and maintain the proper certification to operate this equipment
shall receive an additional $85.00 per month. It will be paid only for
time when the employee is in an active status, and not on a leave of
absence. The$85.00 will not be paid for any time in which the
employee is unable to operate District equipment, such as when the
certification has not been renewed or has been revoked.
Employees who maintain both a Class A or B license and Crane and
Boom Truck Certification may receive no more than a total of$85.00
per month.
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Article III-Miscellaneous Provisions
MISCELLANEOUSARTICLE III- -• •
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 L Gar#Tthe Union
as ^fie 15,1982, or any employee who joins LeGal#Ithe Union
during the life of this M.O.U. shall maintain such membership or, in lieu
thereof, pay to LOGal #!the Union an agency fee equal to the monthly
dues for the duration of this agreement. Any new employee who is
hired eraer afier 1, 1982and subject to the provisions of this
M.O.U., shall as a condition of continued employment either become a
member of LocaWWhe Union and pay the initiation fee and dues or
assessments uniformly required for acquiring and maintaining
membership in Local#!the Union or, in lieu thereof, pay to Letal
#1-the Union 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 the
Union'' eGal #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: LGGar#!The Union 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. LGGal #!The Union agrees to refund to the
District any amount paid to it in error.
1.4 Method Of Payment: The Dist rir t s to ded Gt on a r,n+hl.,
basin the n edir+ rnmhorohin.Juvo assesGmeRtS ., .,foot
from the n yGheGk of each employee who voluntarily o Gutes and
delivers to the rlio+rin+ o olid dues nheGk off authorization form
approved by the Dio+riGt and the Union. The rlio+r!Gt further agrees to
remit S Unh I I
m s to the nien net later than +ho fifFoon+h day of oonh
tF enth. The District agrees to honor all lawful authorizations for payroll
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Article III—Miscellaneous Provisions
deduction of payments to the Union and to remit such payments
promptly to the Union pursuant to such authorization. Authorized
deductions shall be revocable in accordance with the lawful terms
under which an employee voluntarily authorized said deductions.
Any employee who is required, as a condition of continued
employment, to either join LeGal #Tthe Union 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
LGGal !the Union.
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.
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Article III—Miscellaneous Provisions
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.
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. The written
grievance shall set forth (a)the MOU section, rule, regulation, policy or
procedure allegedly violated, (b) a brief summary of how it was
allegedly violated and (c)the requested remedy. A meeting shall be
arranged by the Department Director or his/her designated
representative 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 or his/her
designated representative 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
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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.
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 party. 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
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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.
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
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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.
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
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8. 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
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 diSG gooier, r girds shall remainpart of the a r leyee's
peroer,r,el filo fer a n ied of throe (3) years
GeRtin„atie„ of similar effense 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 eval„r tier,sAll records of discipline 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
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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.
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 ten we(10 )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
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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.
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 3.1.13 (1-14), or continued behavior as specified in
Article III, Section 3.1.13 (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.
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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 the Human Resources
Manager, all regular employees shall be provided with a notice
of dismissal at least ten five(10 t )working days prior to the
effective date. This notice shall be prepared by the employee's
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
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 party 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.
4. 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
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Article III—Miscellaneous Provisions
hearing. The General Manager shall appoint a Department
Director the . for of � n-..,,. afiu-P& stratie+a 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 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
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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
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.
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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.
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, except seasonal summer
ECTION 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 7.2-Employee Reclassifications:
In the event the District reclassifies an employee from their current iob
classification to either an existing iob classification or to a new District
classification it shall notify the union within 15 days of its decision.
If the reclassification results in an employee being placed in a
classification with a lower salary range, the employee's salary
placement shall be at the closest step in the new salary range that
shall not result in a salary increase.
If the maximum step of the new salary range is lower than their current
salary step, the employee's salary shall be y-rated until the top step of
the salary range of the new classification equals or exceeds the
employee's current salary.
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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—PERSONNEL ADVANCEMENTS
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 any
registration or certification differentials received prior to the promotion.
This provision provides employees in positions within designated iob
families, as listed in Section 9.2, the opportunity to promote to a higher
class, without normal recruitment, upon meeting specified
performance and testing criteria.
9.2 Eligible Classifications: For the following classifications, an
employee may progress to the second level in the series as long as
they meet specified performance and testing criteria and to the third
level in the series if a vacancy occurs at that level.
• Accounting Technician I to II to III
• Buyer to Senior Buyer(non-supervisory)
• Engineering Assistant I to II to III
• Engineering Technician I to II to III
• Environmental Compliance Inspector I to II
• Materials Coordinator to Senior Materials Coordinator
• Pumping Stations Operator I to II to III
• Maintenance Technician I to II to Maintenance Technician III,
Mechanical
For the following classifications, an employee may progress in the
series as long as they meet specified performance and testing criteria
and may only progress to the highest level in the series if a vacancy
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Article III—Miscellaneous Provisions
occurs at that level.
• Construction Equipment Operator to Maintenance Crew Leader
• Household Hazardous Waste Tech. I to II to Senior Household
Hazardous Waste Tech.
• Maintenance Crew Member I to 11 to Maintenance Crew Leader
• Maintenance Technician I to II to Machinist
• Plant Operator I to 11 to III to Senior Plant Operator
• Utility Worker to Maintenance Crew Leader(Building and
Grounds only)
Any employee who is in the classification of Plant Operator Trainee, 1,
11, and III as of December 18, 2017 shall be eligible to advance to the
Senior Plant Operator classification upon meeting the minimum
qualifications, successfully completing the required training, and upon
recommendation of their supervisor. A Senior Plant Operator vacancy
is not necessary for advancement.
Employees hired into the Trainee, I, 11, or III classifications on or after
December 18, 2017 shall be subject to the provisions outlined in
Section 9.7 with the condition that the employee must have been in
the Plant Operator III with the District for a minimum of 36 months.
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
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
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Article III—Miscellaneous Provisions
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 Second Level in the Series: Employees may
be advanced to the 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. Up to six (6) months of time spent as
a Provisional Employee shall count towards the 18 month
minimum.
B. The employee has met the qualifications of the second level
position by means of on-the-lob 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 Third Level in the Series: Employees may
advance to the third level if the following conditions exist:
A. The employee has been in a second level position for a
minimum of 12 months.
B. The employee has met the qualifications of the third level
position by means of on-the-iob training, experience,
continuing education, and/or organizational certification.
C. 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.
D. 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 Advancement to Fourth Level in the Series: Employees may
advance to the fourth level if the following conditions exist:
A. The employee has been in a third level position for a minimum
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Article III-Miscellaneous Provisions
of 36 months.
B. The employee has met the qualifications of the fourth level
Position by means of on-the-mob training, experience,
continuing education, and/or organizational certification.
C. 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.
D. Employees who advance to the fourth level position shall be
given a minimum of a one-step salary increase and will be on
probation for a 12-month period.
9.9 Absence of Qualified Employees: If there are no employees at a
lower level who qualify for an opening at the highest level in the series,
then the District shall institute open and promotional recruiting.
9.1 General; Opportunity for ad„angement is important+e the
employee. For this reason promotions and personnel advancements
shall he made from v.fi+hin theyVelck forge wherever prat+igahle
A promotion shall result in a -ani '--,ease of at least one full step
greater than received pFier to prornotion, taking into account any
registration or certification differentials received prior to the promotion.
The Dwstftt's Personnel Advancement Delirw and Procedure n vides
employees in positions within designated job families the opportunity
+e p e+e+e a higher.lass withoUt n al r .i+men+ eet ng
speGified performance and testing criteria The pelicY p vides flexihh
stanedpesftiensffA-.rn the "I" level +e the "II" level In Seme Gases
where the "III" level pesitien within a job family is non_supe Nisory this
program provides efy nleyee who meet the spenified perfermance and
testing criteria to advance to the specified third level if a- anon'-g
occurs at that level
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9.2 Eligible Classifications; Desi+ions inGl ded in the Dersopnel
Arlyenoernen+ Delioy and PrOGed ire are:
A000un+ing Tenhninian 1 to II to III
Buyer to Senior BuyeF(non supervisory)
Gensfrun+'on Equipment Operator to Maintenance Grew Leader
Cpgineering Assist-ant I +e 11 to III
Engineering Teohnioion 1 to 11 to III (non supervisory)
Environmental Complionoe Inspeo+or I t"
(_rophios Teohnioion 1 to 11 to III
Heuseheld Hazardeus Waste Teoh 1 +e I I +e Qenier Heyseheld
H azaiwvc Write Tech.
• Main+enenne (`re,ei Member 1 to II to Main+enenne Grew Leader
• Maintenance Techn'nion 1 to 11 to Clectrinal Tenhnirion
{nen-supe+cisory}
• Ma'n+ep a Teohnioion 1 to 11 to instrument Teohnioion
(nsupep4s�
• Maon+enanoe Tenhninian 1 +o Main+enanoe Tenhninian II
M aGhinist to MaGhinis+ (non_supewisoni) '
• Ma'n+ep a Teohnioion 1 to 11 to III Meohoniool
(non supepvi,�,
• Materials Ceerdono+er+e Senior onoterials Geerrlino+er
in superv ,n
• Plant OpeFator 1 to 11 to 144
• Pumping Stations Operator 1 to 11 to 114
Utility Worker to Main+enonoe Grew 1 eorler
9.3 Failure to Dass Examination- If thin a pleyee foils +o pass the
perfermanoe test for adv-anGemen+ suggestions for im n+shall
be made tG the a rr�ee, The employee is eligible to re-test of+er
three (Z) months �Y�"7
O A Recommendation for Advancement: The recommendation for
Tt .«�o....,,�„aa�.o.. o. a.a„��men� ���emm�
advancement shell he requested from the supervisor by the employee
or initiated by the employee's supervisor iisor baser) on the supervisor's
evaluation that the o pleyee's perfermanoe is Gomple+ely sa+isfao+ops
in the present position and the employee qualifies for adyansernen+to
the higher position. This r epda+ien must he a .ed by the
Department Dire,.+or and the General Manager.
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Article III-Miscellaneous Provisions
A. Thehesupervisor mustf�le a written reGeMmendatien,
B When a employee requests a recommepda+inn from his/her
SuPcn�rserIit shall be f�tispOrTs.. .... ,of the supervisor to
respond to the request. "Y"
93 Salary InGrease: €mplepees whhve 'ac`+r�c"ainc-.p+n thQ s;prpntj le.,el
PPOSIti'n will be given a minimum of a o _step alar„ in and
he o probation for six to twelve months
9.6 AdyanGement to 11 Level.rel• Cntry level employees may he
advanced +e the io " level p si+ien (secend level p si+ion) if the
following requirements are met:
D. The employee has been in the entry_level n sitien for a
A.
A ini m..m of 18 mop+hs
B.—
C. employee e ployeee as met the q uaalifications-of+i-ti the second level
position by means of on_the_job+raininn o
continuing ed�Hca+ion nd/or organizational nercatien a
yelled out in the class description and department standards
D—
E. Thee pleyee has s ssf lly passed a erfermanne test for
advancement a ed by the department director and the
Human Rese mases Manager,
G—. Q-.7A—. diranGement toIII lei Secend level empleyees may
adyapce+e the third le.,el if the fnlln..,ipn cnpdi+inns a is+•
44—. -
i. A. The position-ts-noted under-ll-above-(Section-9.6).
K. B. The employee has in a second level position fer
of 12 menths
CE!.R Thee ple"ee has met the n alifisa+ions of the third level
pass itinn by means of An-the_eb traininn experience
cnntinuo edUca+inn apd/n erganizatiopal certifina+jinn
D. The employee mast pass a standardized wFitten 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 a a means of
measurement of knowl skills and ability.
,
E. There must exist an epenpes+tie On the third levek
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1. ACS-empl^ey'ee On the fhiFd level „aGafi�the�siti or
7 The Board of rlirecters authorizing a new n Sidon at the third
level.
F. Emnleaeeo i.yhn Ad..ance to the third level n sition shall he
� e murnof a o _sten salary inGrease and .,ill he e
nrobatien fer a 17_menth n ed
9.8 AbsenGe of Qualified Employees; If there alre Ine employees at
the II level who qualify fora GPeRiRg at the III level then the district
shall institute open and prometional recr-W i
SECTION 10—EXAMINATION PROCEDURES
10.1 Open/Promotional Opportunities: When an opening occurs for
a position which is no.covered under Section 9.2-Personnel
Advancement in,l„ded in the Persennel Ad„aneement Per,..,
employees may compete on an open/promotional basis. Employees
must meet the minimum qualifications of the „nen esitien to proceed
through the recruitment and testing process. aply.
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. If there are no internal applicants on the eligible list a A
District manager or his/her designated representative will interview
candidates, in rank order, on the eligible list and will make a selection
amongst those candidates. and select from the candidates on the
eligibility list in the fellewing manner: the fe,it highest ranking regular
district employees shall he interviewed and any outside candidates
who place a g the ten feur candidates en the eligibility lost shall he
i nteryoewed
mzcrvicvcccr
If there are any internal candidates on the eligible list, a District
manager or his/her designated representative will interview the top six
(6) candidates and all internal candidates on the list and will make a
selection amongst those candidates.
The successful candidate, either internal or external, may be
appointed at any step of the salary range of the classification. If
placement is above Step A, justification for advanced placement must
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Article III—Miscellaneous Provisions
be approved by the respective Department Director and Human
Resources.
The top feur(A) internal applicants shall be final selec+ion
i nteniiew. No external applicant shall he interviewed for final selection
unless he/she scores in the ten 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.
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 1/11, and
Maintenance Crew Member 1/I1. 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.
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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
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 1/11 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
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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.
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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 their first year of n,S+.;Gt o.,,r leymeRt and who
submit applications to the Human Resources Office will be
interviewed by the Department Director or designee 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 l "Ma Reger approvezhe tra R fer.
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 to Section 10 of this
MOU.
_w,onth DmaiStFiGt QrdinanGe ( ede Chapter^ if o p . etiepa
exaMiRatienr is deemed apprepriate, the o atiGR posting
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Article III—Miscellaneous Provisions
eeried will be red Ener! see
that the total tomo n ied for the 000fino of the lateral and
SECTION 13—SAFE
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 counseling programs. As a condition of holding proposed
disciplinary action in abeyance and allowing the employee to
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Article III—Miscellaneous Provisions
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
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Article III—Miscellaneous Provisions
private business.
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 $2230 per pair
of safety shoes, plus replacement if shoes become unusable while
performing District business. The safety shoe allowance will also
cover the cost of safety shoe accessories such as laces, boot oil, etc.,
as needed.
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 respective Division
Manager and then 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.
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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.
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 YAH-may
consider reasonable accommodation options when practical for the
duration of the employee's inability to perform duties, but not to
exceed twelve (12) months. ^sed u ll� T
reasonable annnmmc)datinn 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.
Section 18-People Deductio)
The District agrees to deduct voluntary contributions to the American
Federation of State, County and Municipal Employee's International
Union's Public Employees Organized to Promote Legislative Equality
(PEOPLE) Committee from the pay of an employee, upon receipt
from the Union of an individual written authorization card, voluntarily
executed by the employee.
The contribution amount will be certified to the District by the Union.
Monies deducted shall be remitted to the Union within (10) days of
the date they are deducted.
Payments shall be made to the Treasurer of PEOPLE and
transmitted to:
AFSCME, AFL-CIO
P.O. Box 65334
Washington, D.C. 20035
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The payment shall be accompanied by an alphabetical list of the
names of those employees for whom a deduction was made and the
amount of each deduction. This list must be separate and apart from
the list of employees who had fair share fees deducted.
An employee shall have the right to revoke such authorization at any
time by giving written notice to the District and the Union. The
District's obligation to make deductions shall terminate automatically
upon receipt of revocation of authorization or upon termination of
employment or transfer to a mob classification outside the bargaining
unit.
-All People contributions shall be made as a deduction separate from
the dues and Fair Share Fee deductions.
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Article IV-Benefit Provisions
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.
july 1, 2009AIgrol 17, 2018. Tthose plans are Kaiser, Health Net HMO,
and Health Net PPO. The premium cost of the plans shall be borne by
the District. However, 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.
€ffeGtiyl I�, 2 3 all employees who Seim++he Pon plan shun
pati+hre gh payroll Jordi GtiG-.n the rlifforopno in s between +ho
PPO plan aR d the higheSt Gest H 10 play
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 in the amount
of$400.00. 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 Transition to CALPERS Health: During the term of this MOU the
District will be transitioning to CALPERS Healthcare under the
Unequal/PEMCHA (Public Employees' Medical and Hospital Care Act)
minimum vesting schedule. Current regular or probationary
employees hired by the District shall be provided with health care
options through CalPERS.
Core Plans"— Effective upon the implementation of CalPERS. The
District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees).
The District will pay the CalPERS minimum required contribution
amount toward the employee's health care coverage directly to
CalPERS in accordance with CalPERS requirements. The District will
make a contribution for the remaining amount(that portion of the
District's contribution that exceeds the CalPERS minimum required
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Article IV—Benefit Provisions
contribution)to the District's Code Section 125 cafeteria plan for
employees to allocate toward the cost of their health care benefits. If
an employee selects any other plan that is offered by CalPERS that
exceeds the cost of either of the Core Plans, the employee must pay
the difference in premiums between the highest cost Core Plan and
the plan he or she selects. If the selected plan is less than either of
the core plans, employees shall not be reimbursed the difference.
If CalPERS no longer offers the Core Plans that the District has
designated above, the parties agree to meet and confer to determine
which plans will be designated as Core Plans.
^��.�Vision Coverage: District shall provide fully paid de^+tea
vision benefits for all employees and qualified eligible dependents..
1.5 RETIREE HEALTH AND WELFARE BENEFITS
1,5.14044 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 b) 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
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Article IV—Benefit Provisions
the District for the employee's medical and dental coverage. Eligible
employees shall be provided with reduced life insurance ($10.0001
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 651h birthday. At age 65,
the eligible dependent shall pay the District fifty percent(50%l 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
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).
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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 elan
requires enrollment at age 65 in Medicare Part B. the retiree and/or
dependent shall be responsible for paving 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
birthday. For Tier I11. 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 aualifv for benefits as stated by the
District's policies.-
Retiree Benefits Upon Transition to CalPERS: Employees are eligible
for retiree medical benefits through CalPERS provided that they retire
from the District within 120 days of separation from the District and
begin receiving a retirement allowance from the Contra Costa County
Employee's Retirement Association.
For employees who do not meet the eligibility requirements as outlined
in Tiers I, 11, and III, the District will only pay the minimum employer
contribution that CalPERS requires toward medical coverage upon
retirement from the District. The District will pay the CalPERS
minimum required contribution amount toward a retiree's health care
coverage directly to CalPERS in accordance with CalPERS
requirements.
For those employees that are eligible for Tier I, 11, or III benefits, the
District will pay the CalPERS minimum required contribution amount
toward the employee's health care coverage directly to CalPERS in
accordance with CalPERS requirements. The District will contribute
any amount that exceeds the CalPERS minimum required
contribution, in accordance with the employees' Tier, to a retiree-only
Health Reimbursement Account.
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Tier I: Employees hired by the District prior to May 1, 1985 will be
covered by medical, dental, vision and reduced life insurance plans
(one-half of the life insurance provided at time of retirement). The
District will pay more than the minimum employer contribution that
CaIPERS requires toward the cost of the retiree's coverage, if the
employee meets the "Rule of 65". The Rule of 65 requires that an
employee's age plus years of service with the District at the time of
retirement total 65 with a minimum age of 50 and minimum of ten
years of continuous service. If an employee meets the Rule of 65,
effective upon the ratification of the MOU and the implementation of
CaIPERS, the District shall pay the full monthly premium cost of the
Kaiser Permanente or Health Net SmartCare plan (the "Core Plans"
for active employees). 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, vision and dental
Ip ans.
Tier II: Employees hired after May 1, 1985 will be covered by medical,
dental, vision and reduced life insurance plans ($10,000). The District
will pay more than the minimum employer contribution that CalPERS
requires, if the employees meets the"Rule of 65". The Rule of 65
requires that an employee's age plus years of service with the District
at the time of retirement total 65 with a minimum age of 50 and
minimum of ten years of continuous service.
If an employee meets the Rule of 65, the District shall pay the full
monthly premium cost of the Kaiser Permanente or Health Net
SmartCare plan (the "Core Plans"for active employees) until they and
their eligible dependents reach the age of 65.
At age 65, the District will pay 50% of the retiree's chosen Core Plan
premium, or the minimum employer contribution that CalPERS
requires, whichever is greater. The District will also pay 50% of the
cost of the retiree's dental and vision coverage. 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, vision and dental plans with the exception that the District
will only pay for the full cost of an eligible dependent's medical, vison
and dental plan premiums until the eligible dependent's 65th birthday.
At age 65, the District will pay 50% of a retiree's eligible dependent's
core medical, vision and dental premiums.
Tier III: Employees hired after June 30, 2009 will be covered by
medical, dental, and vision plans. The District will pay more than the
minimum employer contribution that CalPERS requires toward the cost
of the retiree's coverage, if the employee meets the "Rule of 70". The
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Rule of 70 requires that an employee's age plus years of service with
the District at the time of retirement total 70 with a minimum age of 55
and minimum of ten years of continuous service.
If an employee meets the Rule of 70, the District will pay 50% of the
monthly premium cost of the retiree's chosen Core Plan, or the
minimum employer contribution that CalPERS requires, whichever is
greater and 50% of their vision premium. The District will also pay
50% of the core medical plan premium and vision premium for the
retiree's spouse or domestic partner. The District will not pay for any
coverage for other dependents of the retiree.
The District will pay 100% of the premium cost for dental for the retiree
and spouse or domestic partner until they each reach the age of 65.
At age 65, the District will pay 50% of the cost for dental coverage for
the retiree and the spouse or domestic partner. 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,
vision and dental plans with the exception that the employee shall pay
for the full cost of an eligible dependent's medical and vision coverage
and the District shall only pay the full cost of dental. At age 65, eligible
dependents (spouse or domestic partner) shall pay the District 50% of
the cost to the District for dental coverage. For Tier III employees hired
on or after April 18, 2013, the District will pay 50% of the premium cost
for dental coverage for the retiree and spouse or domestic partner
upon retirement. Tier III retirees and dependents are ineligible for life
insurance.
"Core Plans"for those retirees under the age of 65 are Kaiser
Permanente and Health Net SmartCare. For those retirees age 65 and
older, the Core Plans are Kaiser Senior Advantage and United
Healthcare. If a retiree selects any other plan offered by CalPERS that
exceeds the cost of any of the Core Plans, the retiree must reimburse
the District the difference in premiums between the highest cost Core
Plan and the plan he or she selects.
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).
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Article IV-Benefit Provisions
Medicare: The medical coverage for retirees and their eligible
dependents will be integrated with Medicare (Tier I, II, and III) at age
65. 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 (Part A and/or B) 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
651h birthday. For Tier III, the District will not reimburse any Medicare
premiums.
The District will make a contribution to a Health Reimbursement
Account(HRA) equal to the cost of the Medicare reimbursement
based on the eligible Tier.
Survivor Benefits: Qualified dependents of a deceased
employee/retiree will be eligible for the continuance of health and
dental benefits at the same level as the retiree unless the dependents
are no longer eligible under District or CalPERS rules, regulations or
policies.
Health Reimbursement Account: For all active Tier III employees,
effective upon the transition to the CalPERS health, the District shall
contribute 1.5% of base salary to a Health Reimbursement Account
(HRA)to be utilized by employees to pay for eligible medical expenses
post-retirement.
The District shall convene a Labor Management Committee comprised
of members of both District Management and representatives of Local
#4-the Union to develop and finalize the plan design and to select a
vendor to administer the HRA.
4,41_6 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.
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Article IV—Benefit Provisions
Employees are responsible for paying the full share of the normal
costs associated with the employee share as calculated by Contra
Costa County Employees Retirement Association (CCCERA).
Employees Will continue to contribute to the a pdeyee Gest of liVipo
(COL)shore of the retirement s istem a required by the Contra Gos+a
County Employees Retirement Association /CCCCDA\ In ad ditien
e#ectiveA p�29�empleyees shall Gen+rib„+e 1.251% of
penSieRable-Gempensa+ien teward the emplleeyee peRSieR rate. Trrhie
payment of the first 1.25% of pensienable c satien tewarrd the
employee centribu Mien rate of their pension back to April 18, 2012 shall
apply only to employees still empdeyerd at the time the Beard a eves
this MO I and shell not apply to any district payments with respect to
4 ncentive_pays,_overtime, cash outs, or other types of pay or
compensation other than wage already p virderd by the district p r to
Y7 .
Effective April 18, 201 �a
pleyees shall centribte a additional
1.259% /for a totaof 2.50%)\ of pensionable cempensatien toward the
empleyee pension rate
Effective April 18 2015, employees �a
shall contribte a additional
1.25% (fer a total of 5%) of ne able compensation toward the
employee pension ate
Effective April 18, 201 R �a
empleyees shall centribte an additional1.25% /for a totaof 5.00%) of pensionable compensation toward the
empleyee pension rate
Effective April 18 2017 employees shall pay the en+ire employee
pension rate tewarrd their pension baser! en their a at time of hire a
calclJated and determined by GG CDA unless a prier year
centribU tion eblioa+inn already brei ght a pdeyee to the full a pdey—
shaFe.
1.5-7 Dental Plan: The District shall provide a dental care program for
all employees covered under this M.O.U.
1.6-LEye Care Plan: The district health plans each n v irde a
visien/optical plan for their enrellees The pregrams vary depending-en
the health plan Employees whe waive health plan ceyeraoe also
�nroive�i n/o ntical nrnierane
1.7-8 Disability Plan: The District shall provide a disability program for
all employees covered under this M.O.U.
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Article IV—Benefit Provisions
1.8-9Term 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.
491.10 Deferred Compensation: The District shall offer a Deferred
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.
Tier 1: Employees hired b! trict prior to May 1,
and reduced We insurance plans (one half
A9 DoStFaet Ong I—mant
led that they the "Rule E)f 66." Undo. the "Rula 65" an
eflqpwyea's age plus yeaFs of SOF..-- -8
l8t tE)tal 65, With ma mm
emp— cit lanct age GO and ha.
ampleyeas' qualified dependents (as defined by the PlaR PIFE)VOCIGIF)
as dependents - he time misn chni, ho
and dental plans when the, . Ofn S406t Offipk)�'111811., PFOVI---
that they Fne-,
must total 65, with a mono... it that the empleyea must b
at least age 5-0- and- have at least top (10)years of eenti-i-1--i-Is --a-1--foan
kvmth the Dost-iet --t the time _W. The Dostroet -_ @11 E)Aly Pa�'fEW
cost of an eligible retired employee s medical and
H day. At age 65-1 the
retired employee shall pay the District i1tY percen \500
qualified dependents (as plan previdein)
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Article IV—Benefit Provisions
by n9admeal and dental Plans 10.9ith the ex-Option that th@4!Di&We��
E)Al�l Pay fOF thQ_ fi111 6-A-St Of an eligible dependent's madie-a-1 and- dental
the eligible dependent shall pay the Distriet fifty percent o
O_ndl -ental plans when they FGtiFG_ fFA-..M DiStFiet Omn"fMont
led that they of 70." Wi9de. the "Rule
st total 70, with a minim-am requirement that ...
employee must b e at least age 55 and have at 'past ten (110)years
employees hi. or-,,. shall only pay
fifty 0
plan fer the Fatirea and spouse, and one0
POFOOR. -DiStFietfifty PeFeen. 15-1-1 _.
0
(as defined by the plan pinevider) ethw th, 60's spouse Of
_e e-vared by medie___ Plans with thas
that the employee shall pay the full cost of medical coverage
for those dependents- and the District sh 11 only pay th
dental. At ag ..... d ependents (spouse or domestic partner)
0
t..0 Striet shall Pay Only fifty POFOE)At 15- E). t. 6t0
6=afl"ependlants we for life ips
anic of t, Shall OBAtinli
Tior I ..., ..+..+...J ..6....... TL... rla..+-......
added
.e me ica,coverage or .1.. e retilreees after age 65%vill ho
ntegrated with Medicare for all eligible retirees regar s-s- o- A
alth plan
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Article IV—Benefit Provisions
shall b--- responsible for paying the Madmeare pro
status), or until Such time- that the spouse remarries, or--intol such to.—
District's polic.es
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
Accountant 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
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Article IV-Benefit Provisions
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
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 $ 100 per month for each employee. The
employee may elect to take the full contribution in cash. EfcffeGtive
January 1, 2004 the Distrint shall Gentribute a addifienal $50 p
menfh to the Cafeteria Plan fpr oanh Prnpleyee nyided that this
additional area int must be used to reimburse eligible Gafeferia plan
expenses The Gash epfion may not he Chosen fn-.r this additional $50
per month.
FSECTION 2—VACATION
2.1 General: All employees, `"'th fho exnenfnn of Temnnrara status
earn paid vacation time from the first month of
employment. Howe„era new employee without rlisfriGt tenure may
not i any aGGUrnu later! Gation time until after Gompletion of six /6)
mopfhs serer- There�pffor A_-ccumulated 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.
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Article IV—Benefit Provisions
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.
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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
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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.
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Article IV—Benefit Provisions
SECTION 3—HOLIDAYS
3.1 Holiday Schedule: There are thirteen (13) paid holidays.
• New Year's Day • Veterans Day
(January 1) (November 11)
• Martin Luther King, Jr.'s Birthday • Thanksgiving Day
(Third Monday in January) (Fourth Thursday in
November)
• Lincoln's Birthday • Day after Thanksgiving
(February 12)
• Washington's Birthday • December 24
(Third Monday in February)
• Memorial Day • December 25
(Last Monday in May)
• Independence Day • December 31
(July 4)
• Labor Day
(First Monday in September)
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.
Employees who are required or authorized to work on December 24 or
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Article IV-Benefit Provisions
December 31 shall be paid at the rate of time and one-half.
Employees who are required or authorized to work on the District
observed holiday for December 24 and December 31 shall be paid at
the rate of time and one-half.
SECTION 4—LEAVES
4.1 Sick Leave: GuFFeRt Rfegular or probationary employees hiFed-by
the Di.7trivtPri^r+„ May 1, 1-995, ea,;;fifteeR (, days sie cleave per
year. Regular or probationary ernployees hired by the Distrk;t of+or
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
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Article IV-Benefit Provisions
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
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.
Beginning on April 17, 2022, any cash out of sick leave accruals shall
be deducted from an employee's sick leave accrual bank at time of
retirement. Any remaining balance shall be reported to Contra Costa
County Employees' Retirement Association (CCCERA) as retirement
service credit.
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. Employees shall be allowed paid release time for work-
related injury doctor and/or physical therapy appointments which shall
include thirty(30) minutes of drive time, each way, to and from the
appointment-
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
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Article IV—Benefit Provisions
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.
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 reports 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
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Article IV-Benefit Provisions
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.
I Igen +ermina+ien of the disability, (generally sox weeks fellewing a
regular deliv follow a Caesarean Qen+inn or the
iepgth Aaf�v�rtcvrSahilifii ee Wilke longer be able to use S'G
leave but will he allewed +e uany 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 may be
approved by the Department Director and the General Manager.
L6ng@leave shall require the approval of the RgorrJ of r)ireg+ers anr!
Any request for a leave of absence without pay in excess of thirty (30)
days 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 4.13.13;
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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
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 at/or 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 at/or after four(4) hours' overtime work. In
addition, they will receive a $ 15.00 meal allowance. Operations
personnel will receive the meal allowance, but not the paid meal
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Article IV—Benefit Provisions
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 $4-215.00 meal allowance at/or 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
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 a meal
allowance of$4-215.00. 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.
5.6 Allocation for Meal Allowance: Effective January 1, 2019 the
rate for Meal Allowances as specified in Sections 5.2, 5.3 and 5.5
shall increase to $16.00. Future Meal Allowance increases shall be as
follows: January 1, 2020 -$17.00: January 1, 2021 -$18.00.
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
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Article IV—Benefit Provisions
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.
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Article V-Concluding Provisions
CONCLUDING -• •
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.
[ECTION 3-TERM 11111111111011111
3.1 Length of Agreement: This Memorandum of Understanding shall
remain in full force and effect from December 18, 2017 through April
17, 2022. April 18, 2012 through December 17, 2047-.
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.
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Article V—Concluding Provisions
SECTION 5—SIGNATUR�AGREEMEN
5.1 Signatures: Signed and entered into this 2W1 day of mer,
2012,subject to the approval of the respective parties.
For Central Contra Costa Sanitary District:
Bruce Heid
Teji O'Malley
Ann Sasaki
Phil Leiber
For Employee's Association, Public Employees Union,
Local One:
Chris Fox
Winston Ingram
Dulce Petagara
Chris Hesse
Leszek Schmidt
Keith Brauch
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SIDE LETTER AGREEMENT
Between
Contra Costa County Sanitary District
And
Employees'Association, Public Employees Union, Local#1
October 24, 2018
SECTION 4.S Sick Leave Incentive Benefits
The parties agreed to interpret Section 4.5 of the MOU dated December 18, 2017 through April
17, 2022 in a manner consistent with this Side Letter Agreement.
"Section 4.5 Beginning on April 17,2022, any cash out of sick leave accruals shall be deducted
from an employee's sick leave accrual bank at time of retirement. Any remaining balance
shall be reported to Contra Costa County Employees'Retirement Association (CCCERA)as
retirement service credit".
The parties' intent in negotiating this revision of Section 4.5 was to eliminate an employee's
receiving a cash-out payment for a portion of their sick leave balance, and also receive service
credit for these same hours.
Current Internal Revenue Service (IRS) regulations regarding Cash or Deferred Arrangements
(CODA)do not allow an employee the option to choose between a cash-out payment or apply
all of their sick leave balances to service credit. The MOU language as drafted is consistent with
current IRS regulations to the extent individual employees are not provided a choice of how
much sick leave would be subject to cash out.
The parties have a shared interest in allowing employees flexibility in application of sick leave
balances at the time of retirement, if these options are consistent with IRS CODA requirements
and CCCERA regulations and guidelines. To that end, and noting that Section 4.5 becomes
effective April 17, 2022,the parties agree to meet no later than November 1, 2021 to evaluate
alternatives that would allow for greater employee flexibility with regard to sick-leave cash out
at retirement consistent with IRS CODA requirements.
For the District: For the Union:
w
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Article I—Introductory Provisions
MEMORANDUM
Of
UNDERSTANDING
between
hie
Central Contra Costa
Sanitary District
.4nditFie
t4p corp
79
o �
Employees' Association,
Public Employees Union, Local #1
December 18, 2017
through
April 17, 2022
1
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Article I—Introductory Provisions
INTRODUCTORY -• •
SECTION 1 —RECOGNITION AND COVERAGE
1.1 Exclusive Representation: The Central Contra Costa Sanitary
District Employees'Association, Public Employees Union, Local#1,
an affiliate of the American Federation of State, County and Municipal
Employees (AFSCME), AFL-CIO 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.
JkECTION 2—MANAGEMENT AND UNION RIGHTS
2.1 Union Rights: The Union is the exclusive recognized
representative of all employees of the District except Management,
Management Support/Confidential and temporary employees.
It is also recognized that the District and duly appointed
representatives of the Union 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 the Union. Upon the Union's written request, the District
will provide this information to the Union for any employee who has
given his or her authorization to do so. The District only shall be
required to release this information the Union twice per calendar year.
The Union shall have the right and opportunity to hold an orientation
session with all newly hired employees. This orientation session shall
be for the purpose of explaining the new employee's contractual rights
and introducing him/her to the Union. The orientation will be held
within fifteen days of the employee's hire date and shall be during
working hours at a time agreed to by the employee's immediate
supervisor, not to exceed thirty (30) minutes in duration.
2.2 District Rights: The rights of the District include, but are not
limited to, the exclusive right to determine the missions of its
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Article I—Introductory Provisions
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 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, religion,
color, national origin, ancestry, marital status, age, gender, sexual
orientation, physical or mental disability, or medical condition,
consistent with applicable state and federal law.
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.
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Article II—Salary Provisions
ARTICLE 11—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 August 18, 2018, employees' wages
shall be adjusted by 3.75%. Effective April 18, 2019, April 18, 2020,
and April 18, 2021 employees' wages shall be adjusted 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. If the
applicable CPI is less than 2%, than the salary increase will be 2%. If
the applicable CPI is greater than 3.75%, than the salary increase will
be 3.75°/x.
The payment of the first wage increase back to August 18, 2018 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
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Article II—Salary Provisions
other than wage already provided by the District prior to Board
approval.
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%;
• 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.
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.
1.7 BILINGUAL PAY
Within 120 days of the effective date of this agreement, the District,
in consultation with the Union, shall evaluate existing levels of
bilingual demand. Employees whose bilingual skills provide the
District a benefit in providing District services shall be designated
by the Department Director and approved by Human Resources to
receive a bilingual allowance. An employee designated for a
bilingual allowance shall receive an additional $75 per pay period .
The allowance will only be paid when the employee is in an active
pay status, and not on a leave of absence without pay.
SECTION 2—LONGEVITY COMPENSATION
2.1 Longevity Pay: A two and one-half(2.5%) percent career service
pay increase will be granted to employees after ten (10)years of
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Article II—Salary Provisions
continuous employment with the District.
An additional two and one-half percent (2.5%) career service pay
increase (for a total of 5%)will be granted to employees after twenty
(20)years of continuous employment with the District.
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.
3.4 Relief Operator Differential: Relief Operator Differential applies
only to employees who are regularly scheduled to work the position of
Relief Operator. The rate of pay for the Relief Operator Differential is
determined by increasing the basic hourly salary for the job by seven
and one-half(7.5%) 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.
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
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Article II—Salary Provisions
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). 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 an employee
terminates employment with the District before having used up his/her
Holiday Compensatory Time, he/she shall be paid for it. 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 Division.
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,
circumstances may arise where advance notice is not possible.
5.2 Stand-By Pay: Employees, other than Pumping Stations
Operators and designated IT staff, 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 and IT staff who have the ability to
remotely resolve issues 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.)
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Article II—Salary Provisions
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 each way 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 which includes
travel time. 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:
An employee shall be granted paid release time to take job
classification required certification, registration, and/or licensing tests
only if administered during the employee's regularly scheduled work
hours. To be eligible, it must be a requirement of the employee's
current job classification or be within the same job classification series
as defined in Section 9.2
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
Class A/B California Driver's License. The District shall provide a
vehicle to take the examination for the Class A or B License.
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Article II—Salary Provisions
Employees who are required and assigned by the District to hold a
Class A or Class B commercial driver's license will receive$85.00 per
month. The $85.00 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 $85.00 will be prorated and the employee 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.
6.3 Crane and Boom Truck Assignment Pay: Employees who are
assigned Crane and Boom Truck duties and who are required to
obtain and maintain the proper certification to operate this equipment
shall receive an additional $85.00 per month. It will be paid only for
time when the employee is in an active status, and not on a leave of
absence. The$85.00 will not be paid for any time in which the
employee is unable to operate District equipment, such as when the
certification has not been renewed or has been revoked.
Employees who maintain both a Class A or B license and Crane and
Boom Truck Certification may receive no more than a total of$85.00
per month.
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Article III—Miscellaneous Provisions
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 the Union or any
employee who joins the Union during the life of this M.O.U. shall
maintain such membership or, in lieu thereof, pay to the Union an
agency fee equal to the monthly dues for the duration of this
agreement. Any new employee who is hired and subject to the
provisions of this M.O.U., shall as a condition of continued
employment either become a member of the Union and pay the
initiation fee and dues or assessments uniformly required for acquiring
and maintaining membership in the Union or, in lieu thereof, pay to the
Union 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 the
Union. 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: The Union 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. The Union agrees to refund to the District any
amount paid to it in error.
1.4 Method Of Payment: The District agrees to honor all lawful
authorizations for payroll deduction of payments to the Union and to
remit such payments promptly to the Union pursuant to such
authorization. Authorized deductions shall be revocable in accordance
with the lawful terms under which an employee voluntarily authorized
said deductions.
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Article I II—Miscellaneous Provisions
Any employee who is required, as a condition of continued
employment, to either join the Union 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 the
Union.
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.
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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. The written
grievance shall set forth (a)the MOU section, rule, regulation, policy or
procedure allegedly violated, (b) a brief summary of how it was
allegedly violated and (c)the requested remedy. A meeting shall be
arranged by the Department Director or his/her designated
representative 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 or his/her
designated representative 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.
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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.
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 party. 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.
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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.
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
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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.
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
8. Dishonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
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11. Misconduct
12. Storage, carrying or use of firearms or other items
traditionally considered lethal weapons on District property
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 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. All records of discipline 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
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ensure conformity with rules and procedures.
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 ten (10 )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
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Department Director for cause with the approval of the
General Manager as stated herein.
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 3.1.13 (1-14), or continued behavior as specified in
Article III, Section 3.1.13 (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 the Human Resources
Manager, all regular employees shall be provided with a notice
of dismissal at least ten (10 )working days prior to the
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effective date. This notice shall be prepared by the employee's
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
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 party 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.
4. 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 a Department
Director 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
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(20)working days of the hearing. The Hearing Officer may,
based upon the evidence presented at the hearing, concur
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
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30-minute lunch break and including two (2) paid 15-minute breaks.
The Operations Department and Engineering Department require
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.
FSECTION 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.
6.3 Definition: Immediate family members are defined as mother,
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father, brother, sister, son, daughter, in-laws, or grandparents.
6.4 Application: This provision shall apply to all types of employment
status, except seasonal summer help.
SECTION 7-EMPLOYEE RECLASSIFICATION RF"in
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 7.2-Employee Reclassifications:
In the event the District reclassifies an employee from their current job
classification to either an existing job classification or to a new District
classification it shall notify the union within 15 days of its decision.
If the reclassification results in an employee being placed in a
classification with a lower salary range, the employee's salary
placement shall be at the closest step in the new salary range that
shall not result in a salary increase.
If the maximum step of the new salary range is lower than their current
salary step, the employee's salary shall be y-rated until the top step of
the salary range of the new classification equals or exceeds the
employee's current salary.
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—PERSONNEL ADVANCEMENTS
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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 any
registration or certification differentials received prior to the promotion.
This provision provides employees in positions within designated job
families, as listed in Section 9.2, the opportunity to promote to a higher
class, without normal recruitment, upon meeting specified
performance and testing criteria.
9.2 Eligible Classifications: For the following classifications, an
employee may progress to the second level in the series as long as
they meet specified performance and testing criteria and to the third
level in the series if a vacancy occurs at that level.
• Accounting Technician I to II to III
• Buyer to Senior Buyer(non-supervisory)
• Engineering Assistant I to II to III
• Engineering Technician I to II to III
• Environmental Compliance Inspector I to II
• Materials Coordinator to Senior Materials Coordinator
• Pumping Stations Operator I to II to III
• Maintenance Technician I to II to Maintenance Technician III,
Mechanical
For the following classifications, an employee may progress in the
series as long as they meet specified performance and testing criteria
and may only progress to the highest level in the series if a vacancy
occurs at that level.
• Construction Equipment Operator to Maintenance Crew Leader
• 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 Machinist
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• Plant Operator I to II to III to Senior Plant Operator
• Utility Worker to Maintenance Crew Leader(Building and
Grounds only)
Any employee who is in the classification of Plant Operator Trainee, I,
ll, and III as of December 18, 2017 shall be eligible to advance to the
Senior Plant Operator classification upon meeting the minimum
qualifications, successfully completing the required training, and upon
recommendation of their supervisor. A Senior Plant Operator vacancy
is not necessary for advancement.
Employees hired into the Trainee, 1, 11, or III classifications on or after
December 18, 2017 shall be subject to the provisions outlined in
Section 9.7 with the condition that the employee must have been in
the Plant Operator III with the District for a minimum of 36 months.
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
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 Second Level in the Series: Employees may
be advanced to the 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. Up to six (6) months of time spent as
a Provisional Employee shall count towards the 18 month
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minimum.
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 Third Level in the Series: Employees may
advance to the third level if the following conditions exist:
A. The employee has been in a second level position for a
minimum of 12 months.
B. The employee has met the qualifications of the third level
position by means of on-the-job training, experience,
continuing education, and/or organizational certification.
C. 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.
D. 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 Advancement to Fourth Level in the Series: Employees may
advance to the fourth level if the following conditions exist:
A. The employee has been in a third level position for a minimum
of 36 months.
B. The employee has met the qualifications of the fourth level
position by means of on-the-job training, experience,
continuing education, and/or organizational certification.
C. 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
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determine the method of evaluation as a means of
measurement of knowledge, skills, and ability.
D. Employees who advance to the fourth level position shall be
given a minimum of a one-step salary increase and will be on
probation for a 12-month period.
9.9 Absence of Qualified Employees: If there are no employees at a
lower level who qualify for an opening at the highest level in the series,
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 no covered under Section 9.2-Personnel
Advancement, employees may compete on an open/promotional
basis. Employees must meet the minimum qualifications to proceed
through the recruitment and testing process.
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. If there are no internal applicants on the eligible list a
District manager or his/her designated representative will interview
candidates, in rank order, on the eligible list and will make a selection
amongst those candidates.
If there are any internal candidates on the eligible list, a District
manager or his/her designated representative will interview the top six
(6)candidates and all internal candidates on the list and will make a
selection amongst those candidates.
The successful candidate, either internal or external, may be
appointed at any step of the salary range of the classification. If
placement is above Step A,justification for advanced placement must
be approved by the respective Department Director and Human
Resources.
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.
SECTION 11 —TRAINEE PROGRAM
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11.1 Eligible Classifications: The District shall establish and
maintain a Trainee Program for the classifications of Maintenance
Technician 1/II, Pumping Stations Operator 1/II, Plant Operator 1/II, and
Maintenance Crew Member 1/II. 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/II 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
appropriate 1/II classification. If, during the first one-hundred and eighty
(180) days of the training period, the supervisor and Department
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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/II 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.
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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, and who submit applications to the Human
Resources Office will be interviewed by the Department
Director or designee 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.
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 to Section 10 of this
MOU.
SECTION 13—SAFETY
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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 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.
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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.
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
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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 $230 per pair of
safety shoes, plus replacement if shoes become unusable while
performing District business. The safety shoe allowance will also
cover the cost of safety shoe accessories such as laces, boot oil, etc.,
as needed.
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 respective Division
Manager and then 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
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privileges.
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 may
consider reasonable accommodation options when practical for the
duration of the employee's inability to perform duties, but not to
exceed twelve (12) months.
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.
Section 18-People Deduction
The District agrees to deduct voluntary contributions to the American
Federation of State, County and Municipal Employee's International
Union's Public Employees Organized to Promote Legislative Equality
(PEOPLE) Committee from the pay of an employee, upon receipt
from the Union of an individual written authorization card, voluntarily
executed by the employee.
The contribution amount will be certified to the District by the Union.
Monies deducted shall be remitted to the Union within (10) days of
the date they are deducted.
Payments shall be made to the Treasurer of PEOPLE and
transmitted to:
AFSCME, AFL-CIO
P.O. Box 65334
Washington, D.C. 20035
The payment shall be accompanied by an alphabetical list of the
names of those employees for whom a deduction was made and the
amount of each deduction. This list must be separate and apart from
the list of employees who had fair share fees deducted.
An employee shall have the right to revoke such authorization at any
time by giving written notice to the District and the Union. The
District's obligation to make deductions shall terminate automatically
upon receipt of revocation of authorization or upon termination of
employment or transfer to a job classification outside the bargaining
unit.
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All People contributions shall be made as a deduction separate from
the dues and Fair Share Fee deductions.
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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..
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 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 in the amount
of$400.00. 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 Transition to CALPERS Health: During the term of this MOU the
District will be transitioning to CALPERS Healthcare under the
Unequal/PEMCHA (Public Employees' Medical and Hospital Care Act)
minimum vesting schedule. Current regular or probationary
employees hired by the District shall be provided with health care
options through CaIPERS.
Core Plans"— Effective upon the implementation of CalPERS. The
District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees).
The District will pay the CalPERS minimum required contribution
amount toward the employee's health care coverage directly to
CalPERS in accordance with CalPERS requirements. The District will
make a contribution for the remaining amount(that portion of the
District's contribution that exceeds the CalPERS minimum required
contribution)to the District's Code Section 125 cafeteria plan for
employees to allocate toward the cost of their health care benefits. If
an employee selects any other plan that is offered by CalPERS that
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exceeds the cost of either of the Core Plans, the employee must pay
the difference in premiums between the highest cost Core Plan and
the plan he or she selects. If the selected plan is less than either of
the core plans, employees shall not be reimbursed the difference.
If CaIPERS no longer offers the Core Plans that the District has
designated above, the parties agree to meet and confer to determine
which plans will be designated as Core Plans.
Vision Coverage: District shall provide fully paid vision benefits for all
employees and qualified eligible dependents.
1.5 RETIREE HEALTH AND WELFARE BENEFITS
1.5.1 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 651h 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
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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
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 651h 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 II I 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
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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
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
Retiree Benefits Upon Transition to CaIPERS: Employees are eligible
for retiree medical benefits through CalPERS provided that they retire
from the District within 120 days of separation from the District and
begin receiving a retirement allowance from the Contra Costa County
Employee's Retirement Association.
For employees who do not meet the eligibility requirements as outlined
in Tiers I, II, and III, the District will only pay the minimum employer
contribution that CalPERS requires toward medical coverage upon
retirement from the District. The District will pay the CalPERS
minimum required contribution amount toward a retiree's health care
coverage directly to CalPERS in accordance with CalPERS
requirements.
For those employees that are eligible for Tier I, II, or III benefits, the
District will pay the CalPERS minimum required contribution amount
toward the employee's health care coverage directly to CalPERS in
accordance with CalPERS requirements. The District will contribute
any amount that exceeds the CalPERS minimum required
contribution, in accordance with the employees' Tier, to a retiree-only
Health Reimbursement Account.
Tier I: Employees hired by the District prior to May 1, 1985 will be
covered by medical, dental, vision and reduced life insurance plans
(one-half of the life insurance provided at time of retirement). The
District will pay more than the minimum employer contribution that
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CalPERS requires toward the cost of the retiree's coverage, if the
employee meets the "Rule of 65". The Rule of 65 requires that an
employee's age plus years of service with the District at the time of
retirement total 65 with a minimum age of 50 and minimum of ten
years of continuous service. If an employee meets the Rule of 65,
effective upon the ratification of the MOU and the implementation of
CalPERS, the District shall pay the full monthly premium cost of the
Kaiser Permanente or Health Net SmartCare plan (the "Core Plans"
for active employees). 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, vision and dental
plans.
Tier Il: Employees hired after May 1, 1985 will be covered by medical,
dental, vision and reduced life insurance plans ($10,000). The District
will pay more than the minimum employer contribution that CalPERS
requires, if the employees meets the"Rule of 65". The Rule of 65
requires that an employee's age plus years of service with the District
at the time of retirement total 65 with a minimum age of 50 and
minimum of ten years of continuous service.
If an employee meets the Rule of 65, the District shall pay the full
monthly premium cost of the Kaiser Permanente or Health Net
SmartCare plan (the "Core Plans"for active employees) until they and
their eligible dependents reach the age of 65.
At age 65, the District will pay 50% of the retiree's chosen Core Plan
premium, or the minimum employer contribution that CalPERS
requires, whichever is greater. The District will also pay 50% of the
cost of the retiree's dental and vision coverage. 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, vision and dental plans with the exception that the District
will only pay for the full cost of an eligible dependent's medical, vison
and dental plan premiums until the eligible dependent's 65th birthday.
At age 65, the District will pay 50% of a retiree's eligible dependent's
core medical, vision and dental premiums.
Tier III: Employees hired after June 30, 2009 will be covered by
medical, dental, and vision plans. The District will pay more than the
minimum employer contribution that CalPERS requires toward the cost
of the retiree's coverage, if the employee meets the "Rule of 70". The
Rule of 70 requires that an employee's age plus years of service with
the District at the time of retirement total 70 with a minimum age of 55
and minimum of ten years of continuous service.
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If an employee meets the Rule of 70, the District will pay 50% of the
monthly premium cost of the retiree's chosen Core Plan, or the
minimum employer contribution that CalPERS requires, whichever is
greater and 50% of their vision premium. The District will also pay
50% of the core medical plan premium and vision premium for the
retiree's spouse or domestic partner. The District will not pay for any
coverage for other dependents of the retiree.
The District will pay 100% of the premium cost for dental for the retiree
and spouse or domestic partner until they each reach the age of 65.
At age 65, the District will pay 50% of the cost for dental coverage for
the retiree and the spouse or domestic partner. 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,
vision and dental plans with the exception that the employee shall pay
for the full cost of an eligible dependent's medical and vision coverage
and the District shall only pay the full cost of dental. At age 65, eligible
dependents (spouse or domestic partner) shall pay the District 50% of
the cost to the District for dental coverage. For Tier I II employees hired
on or after April 18, 2013, the District will pay 50% of the premium cost
for dental coverage for the retiree and spouse or domestic partner
upon retirement. Tier III retirees and dependents are ineligible for life
insurance.
"Core Plans"for those retirees under the age of 65 are Kaiser
Permanente and Health Net SmartCare. For those retirees age 65 and
older, the Core Plans are Kaiser Senior Advantage and United
Healthcare. If a retiree selects any other plan offered by CalPERS that
exceeds the cost of any of the Core Plans, the retiree must reimburse
the District the difference in premiums between the highest cost Core
Plan and the plan he or she selects.
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).
Medicare: The medical coverage for retirees and their eligible
dependents will be integrated with Medicare (Tier I, II, and III)at age
65. For Tier I and II retirees, upon submission of evidence of payment
to Medicare, the District will reimburse the retiree and/or dependent for
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the cost of the Medicare (Part A and/or B) 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
651h birthday. For Tier III, the District will not reimburse any Medicare
premiums.
The District will make a contribution to a Health Reimbursement
Account(HRA) equal to the cost of the Medicare reimbursement
based on the eligible Tier.
Survivor Benefits: Qualified dependents of a deceased
employee/retiree will be eligible for the continuance of health and
dental benefits at the same level as the retiree unless the dependents
are no longer eligible under District or CalPERS rules, regulations or
policies.
Health Reimbursement Account: For all active Tier III employees,
effective upon the transition to the CalPERS health, the District shall
contribute 1.5% of base salary to a Health Reimbursement Account
(HRA)to be utilized by employees to pay for eligible medical expenses
post-retirement.
The District shall convene a Labor Management Committee comprised
of members of both District Management and representatives of the
Union to develop and finalize the plan design and to select a vendor to
administer the HRA.
1.6 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 are responsible for paying the full share of the normal
costs associated with the employee share as calculated by Contra
Costa County Employees Retirement Association (CCCERA).
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1.7 Dental Plan: The District shall provide a dental care program for
all employees covered under this M.O.U.
1.8 Disability Plan: The District shall provide a disability program for
all employees covered under this M.O.U.
1.9Term 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.
1.10 Deferred Compensation: The District shall offer a Deferred
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.
1.11 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
Accountant 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
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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
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 $100 per month for each employee. The
employee may elect to take the full contribution in cash.
SECTION 2—VACATION
2.1 General: All employees, earn paid vacation time from the first
month of employment. 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.
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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
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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.
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SECTION 3—HOLIDAYS
3.1 Holiday Schedule: There are thirteen (13) paid holidays.
• New Year's Day • Veterans Day
(January 1) (November 11)
• Martin Luther King, Jr.'s Birthday • Thanksgiving Day
(Third Monday in January) (Fourth Thursday in
November)
• Lincoln's Birthday • Day after Thanksgiving
(February 12)
• Washington's Birthday • December 24
(Third Monday in February)
• Memorial Day • December 25
(Last Monday in May)
• Independence Day • December 31
(July 4)
• Labor Day
(First Monday in September)
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.
Employees who are required or authorized to work on December 24 or
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December 31 shall be paid at the rate of time and one-half.
Employees who are required or authorized to work on the District
observed holiday for December 24 and December 31 shall be paid at
the rate of time and one-half.
SECTION 4—LEAVES
4.1 Sick Leave: Regular or probationary employees 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
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formula crediting eighty five (85%) percent of the employee's yearly
unused sick leave to an accumulating account for that person. For
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.
Beginning on April 17, 2022, any cash out of sick leave accruals shall
be deducted from an employee's sick leave accrual bank at time of
retirement. Any remaining balance shall be reported to Contra Costa
County Employees' Retirement Association (CCCERA) as retirement
service credit.
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. Employees shall be allowed paid release time for work-
related injury doctor and/or physical therapy appointments which shall
include thirty(30) minutes of drive time, each way, to and from the
appointment
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
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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.
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 reports 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.).
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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.
. 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 may be approved by the Department Director
and the General Manager. Any request for a leave of absence without
pay in excess of thirty(30) days 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 4.13.13;
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;
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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
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 aUor 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 at/or after four(4) hours' overtime work. In
addition, they will receive a$15.00 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 $15.00 meal allowance at/or 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
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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
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 a meal
allowance of$15.00. 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.
5.6 Allocation for Meal Allowance: Effective January 1, 2019 the
rate for Meal Allowances as specified in Sections 5.2, 5.3 and 5.5 shall
increase to $16.00. Future Meal Allowance increases shall be as
follows: January 1, 2020-$17.00; January 1, 2021 -$18.00.
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
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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.
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Article V—Concluding Provisions
CONCLUDING -• •
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.
[ECTION 3—TERM 11111111111011111
3.1 Length of Agreement: This Memorandum of Understanding shall
remain in full force and effect from December 18, 2017 through April
17, 2022.
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.
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SECTION 5—SIGNATURES TO AGREEMENT
5.1 Signatures: Signed and entered into this day of subject to the
approval of the respective parties.
For Central Contra Costa Sanitary District:
Bruce Heid
Teji O'Malley
Ann Sasaki
Phil Leiber
For Employee's Association, Public Employees Union,
Local One:
Chris Fox
Winston Ingram
Dulce Petagara
Chris Hesse
Leszek Schmidt
Keith Brauch
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SIDE LETTER AGREEMENT
Between
Contra Costa County Sanitary District
And
Employees'Association, Public Employees Union, Local#1
October 24, 2018
SECTION 4.S Sick Leave Incentive Benefits
The parties agreed to interpret Section 4.5 of the MOU dated December 18, 2017 through April
17, 2022 in a manner consistent with this Side Letter Agreement.
"Section 4.5 Beginning on April 17,2022, any cash out of sick leave accruals shall be deducted
from an employee's sick leave accrual bank at time of retirement. Any remaining balance
shall be reported to Contra Costa County Employees'Retirement Association (CCCERA)as
retirement service credit".
The parties' intent in negotiating this revision of Section 4.5 was to eliminate an employee's
receiving a cash-out payment for a portion of their sick leave balance, and also receive service
credit for these same hours.
Current Internal Revenue Service (IRS) regulations regarding Cash or Deferred Arrangements
(CODA)do not allow an employee the option to choose between a cash-out payment or apply
all of their sick leave balances to service credit. The MOU language as drafted is consistent with
current IRS regulations to the extent individual employees are not provided a choice of how
much sick leave would be subject to cash out.
The parties have a shared interest in allowing employees flexibility in application of sick leave
balances at the time of retirement, if these options are consistent with IRS CODA requirements
and CCCERA regulations and guidelines. To that end, and noting that Section 4.5 becomes
effective April 17, 2022,the parties agree to meet no later than November 1, 2021 to evaluate
alternatives that would allow for greater employee flexibility with regard to sick-leave cash out
at retirement consistent with IRS CODA requirements.
For the District: For the Union:
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