HomeMy WebLinkAbout4.c. Review draft Position Paper to adopt the construction receipt amendment to Management Support/Confidential Group (MS/CG) Memorandum of Understanding Page 1 of 112
Item 4.c.
CENTRAL SAN BOARD OF DIRECTORS
. , , .
POSITION PAPER
. ,
DRAFT
MEETINGDATE: AUGUST3, 2021
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT THE CONSTRUCTION
RECEIPT AMENDMENT TO MANAGEMENT SUPPORT/CONFIDENTIAL
GROUP (MS/CG) MEMORANDUM OF UNDERSTANDING
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O-MALLEY, HUMAN RESOURCES AND OFFICE OF THE GENERAL MANAGER -
ORGANIZATIONAL DEVELOPMENT HUMAN RESOURCES
MANAGER
ISSUE
Board approval is required to adopt any changes to a Memorandum of Understanding (MOU).
BACKGROUND
The District has completed the meet and confer process with representatives of the three bargaining units
to discuss the current accrued leave cash-out practices being subject to the constructive receipt
doctrine pursuant to the Internal Revenue Code (I RC), which could result in tax implications
and/or penalties for both the employees and the District.
Currently, the District taxes employees on the amount of leave they have cashed out, not the total amount
they have available to cash out. This manner in which the leave cash-out provision is currently structured
may lead the Internal Revenue Service (IRS)to determine that:
1. All accrued leave that an employee has the option to convert into cash each year is constructively
received and, therefore, taxable in the year made available.
2. The cash-outs could be considered an ineligible deferred compensation arrangement and, therefore,
taxable in the year made available (I RC Section 457(f)).
I n order to update the current practices so they are no longer subject to the constructive receipt doctrine
pursuant to the I RC, and after consulting with legal counsel, the District presented the bargaining units and
unrepresented employees with five options summarized below:
1. Require Emplo-yees to Irrevocabl-y Elect an Accrued Leave Cash-Out in Advance:The District
could require that employees irrevocably elect a cash-out of all or a portion of their accrued leave
prior to the taxable year in which any leave that is subject to the cash-out is earned.
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2. Make a Certain Level ofAccrued Leave Cash-Outs Mandatory: The District could require that
accrued leave over a designated maximum accrual would be automatically cashed out each year for
all District employees.
3. Aaaly a "Haircut"to Accrued Leave Cash-Out Payments:The District could reduce the value of
the amount received for the accrued leave when the employee receives the payment.
4. Provide Cash-Out Option through a Code Section 125 Cafeteria Plan:The District could amend
its cafeteria plan to allow District employees to cash-out accrued leave through the cafeteria plan.
5. Eliminate the Option to Cash-OutAccrued Leave:The District could eliminate the option to cash-
out accrued leave.
Consensus with all three bargaining units has been reached on how to resolve the issue. The Management
Group, Management Support/Confidential Group and Public Employees Union, Local #1 have all agreed
to implement Option#1 as detailed above. This change to the current MOU provision will require
employees to irrevocably elect a cash-out of all or a portion of their accrued leave prior to the taxable year
in which any leave that is subject to the cash-out is earned.
The attached proposed MOU provision (Attachment 1) has been reviewed and approved by MS/CG. The
amendment of this provision is reflected in the attached MOU (Attachment 2), which has been marked to
show tracked changes.
ALTERNATIVES/CONSIDERATIONS
Do not approve the amendment to the MOU and leave the current accrued leave cash-out practice as-is
for MS/CG. This is not recommended as the current practice is subject to the constructive receipt doctrine
pursuant to the I RC. If this change does not occur, the employees and the District could be subject
to tax implications and/or penalties.
FINANCIAL IMPACTS
None by this action. The proposed revisions only change the timing of the election to receive a payment of
accrued leave time and limit it to the amount that has already been earned and accrued.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter at its August 3, 2021 meeting and recommended
RECOMMENDED BOARD ACTION
Adopt the Constructive Receipt Amendment to the MOU for MS/CG as proposed.
Strategic Plan Tie-In
GOAL THREE: Fiscal Responsibility
Strategy 2—Ensure integrity and transparency in financial management
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ATTACHMENTS:
1. Proposed Amended MS/CG MOU
2. Red-lined Amended MS/CG MOU
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Attachment 1
MEMORANDUM
Of
UNDERSTANDING
6e[Twen
hie
Central Contra Costa
Sanitary District
and-Me
Management Support/
Confidential Group
December 18, 2017
through
April 17, 2022
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MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Preamble.....................................................................................1
Recognition and Coverage....................................................1
Rights.....................................................................................1
Nondiscrimination ..................................................................2
ArticleI — Dues............................................................................3
ArticleII— Pay.............................................................................4
General Increases .................................................................4
Longevity Compensation.......................................................4
MealAllowance......................................................................4
MeritIncreases......................................................................5
Minimum Call Back Pay.........................................................5
Out-of-Class Pay ...................................................................5
Overtime Accumulation..........................................................5
Paycheck Distribution ............................................................6
Professional Registration.......................................................6
Registration or Certification Differential.................................6
Pay Upon Promotion..............................................................6
Class A/Class B Driver's License .........................................6
Shift Differentials....................................................................7
Night Shift Differential .....................................................7
Swing Shift Differential....................................................7
Relief Operator Differential..............................................7
Terminal Compensation ........................................................7
Uniform Pay Periods..............................................................8
Article III—Work Hours...............................................................9
Alternative Work Schedules ..................................................9
Reduced Work Week.............................................................9
WorkWeek............................................................................9
Article IV—Leaves....................................................................10
Administrative Leave ...........................................................10
Court Appearances..............................................................10
Deathin Family....................................................................10
Family and Medical Leave...................................................11
Holidays...............................................................................11
Holiday Schedule ..........................................................11
Weekend-Designated Holidays.....................................11
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Holiday Compensation..................................................12
JuryDuty..............................................................................12
Leave of Absence Without Pay ...........................................12
MilitaryLeave.......................................................................13
Pregnancy Disability............................................................13
Salary Continuance Plan.....................................................13
SickLeave...........................................................................14
Sick Leave Accumulation ....................................................14
Sick Leave Incentive Benefit ...............................................15
Vacation...............................................................................15
Vacation Earnings.........................................................16
Use of Vacation Accumulation......................................16
Accrual Credit................................................................16
Termination ...................................................................17
Payment of Accumulated Vacation Time......................17
Article V— Employee Benefits...................................................18
401(a) Money Purchase Plan..............................................18
CafeteriaPlan......................................................................18
Deferred Compensation ......................................................18
DentalPlan ..........................................................................18
Disability Plan ......................................................................18
Dual Health Coverage .........................................................18
Education-Tuition Refund Policy .........................................19
Employee Assistance Program ...........................................19
HealthPlans ........................................................................19
HealthPlans..................................................................19
Benefits .........................................................................19
Transition to CALPERS Health.....................................19
Vision Coverage............................................................20
Continuance of Benefit Plan..........................................20
Miscellaneous ...............................................................22
RETIREE HEALTH AND WELFARE BENEFITS
UPON TRANSITION TO CALPERS.............................22
Medicare.................................................................25
Survivor Benefits.....................................................25
Health Reimbursement Account.............................25
Mileage Reimbursement......................................................25
Retirement...........................................................................25
SafetyEquipment ................................................................26
Term Life Insurance Plan ....................................................26
Article VI — Recruitment and Classification...............................27
Appointment of Relatives.....................................................27
Filling of Vacant Positions ...................................................27
Lateral Transfers..................................................................28
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Probationary Period.............................................................28
Reclassification Request.....................................................28
Article VII — Employee/ Employer Relations............................30
Disciplinary Procedure.........................................................30
Dismissal of an Employee...................................................32
Fair and Impartial Hearing for Disciplinary Action and
Dismissal of Employee..................................................34
Appeal..................................................................................35
Driver's License Requirements............................................36
Grievance Procedure...........................................................36
Matters Subject to Grievance........................................36
Matters Not Subject to Grievance.................................36
Procedure......................................................................37
Miscellaneous Provisions..............................................38
Group Grievances.........................................................39
Employee-Processed Grievance ..................................39
Grievance Witnesses....................................................39
Grievance Processing During Regular
Working Hours........................................................39
Separate Grievance File ...............................................39
Layoff...................................................................................39
Personal and District Property.............................................40
SubstanceAbuse.................................................................40
Concluding Provisions............................................................41
PastPractices......................................................................41
SIDE AGREEMENTS....................................................41
Savings................................................................................41
Term.....................................................................................41
Signatures to Agreement.....................................................42
Index..........................................................................................43
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Preamble
PREAMBLE
RECOGNITION AND COVERAGE Pr
The Management Support/Confidential Group, hereafter known as the
MS/CG, is the formally recognized exclusive employee representative
for all employees other than General Employees, Management
Employees, and Executive Management Employees. The MS/CG shall
represent all regular employees currently designated by Resolution of
the Board of Directors.
The determination for new and reclassified positions shall be in
accordance with the District's Employer/Employee Relations
Ordinance.
RIGHTS
The Board of Directors' representatives and duly appointed
representatives of the MS/CG will meet and confer in good faith. The
Board of Directors, or any agent thereof, agrees that there will be no
interference, restraint, or coercion against the MS/CG or against any
employee because of his/her group membership or group activity.
It is the intent and purpose of the parties hereto to promote
harmonious, economic, and industrial relationships between the
District and MS/CG and to affect the best possible service at the most
effective cost to the customers of the District. The District and MS/CG
jointly agree to perform faithfully the obligations imposed by this
Memorandum of Understanding, and furthermore, agree that the
provisions contained herein shall be recognized as the sole statement
of contractual rights and obligations between the two parties, except
however, that all rights, privileges, and benefits secured prior to this
agreement shall remain in full force and effect, except as may be
provided herein.
The District has the sole and exclusive right to determine the
consideration of the merits, necessity, or organization of any service or
activity provided by law or Executive Order. Additionally, 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; require overtime, when necessary, for operations of the
District; take disciplinary action; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain the
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Preamble
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.
NONDISCRIMINATION
There will be no discrimination by the MS/CG 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, medical condition or political beliefs, consistent with
applicable state and federal law.
Discourteous treatment of the public or fellow employees including
discrimination and/or harassment that is detrimental to the function of
the District will not be tolerated. The offender(s) shall be subject to
disciplinary action as considered appropriate by the Department
Director.
Management Support/Confidential Group 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 Management
Support/Confidential Group prior to any accommodation, which might
require an exemption from the Memorandum of Understanding. Any
specific accommodation by the Americans with Disabilities Act shall
not establish a past practice, nor shall it be cited as evidence of a past
practice in the grievance procedure.
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Article I—Dues
ARTICLE I—DUES
The District shall provide payroll deduction of dues for the MS/CG
employees, provided however, that a signed payroll deduction form is
executed by the employee specifying the amount to be deducted and
is in the Accounting Office by the fifteenth of the month prior to its
effective date. The monies withheld shall be turned over to the
treasurer of the MS/CG by the fifteenth of the following month.
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Article I I—Pay
ARTICLE 11—PAY
GENERALINCREASES
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%.
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
other than wage already provided by the District prior to Board
approval.
LONGEVITY COMPENSATION
Longevity Pay
A two and one-half(2'/2%) percent career service pay increase will be
granted to employees after ten (10)years of 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.
MEAL ALLOWANCE
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 worked. In addition, they will receive a $12.00 meal
allowance. Operations personnel will receive the meal allowance, but
not the paid meal break.
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$12.00. Operations personnel
will receive the meal allowance, but not the paid meal break. Meal
periods and meal allowances will be paid only for overtime hours and
will not be paid for scheduled working hours. The paid meal period
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Article I I—Pay
includes cleanup time. Receipts will not be required for meal
allowances.
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 an unacceptable overall
evaluation rating as noted in an Employee Performance Appraisal
Form. During the term of this Memorandum of Understanding, the
District shall use the Employee Performance Appraisal Form.
MINIMUM CALL BACK PAY
An employee not on Standby but who is called back to work shall be
compensated at time and one-half for a three (3) hours' minimum for
each call, time and one-half for the actual time worked, whichever is
greater. The allowance for travel time shall be thirty (30) minutes each
way and shall be added to actual time worked.
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.
OVERTIME 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. Earned Overtime in
excess of forty (40) hours will be paid out in cash. There will be a limit
of eighty (80) hours of 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.
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Article I I—Pay
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee 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 wire transfer from the Federal Reserve Bank.
PROFESSIONAL REGISTRATION
The District shall pay the registration and renewal fees for professional
registered engineers, licensed land surveyors, and those employees
who hold a current California Wastewater Treatment Plant Operator's
Certificate where the registration and/or certificate is a requirement of
the employee's classification.
REGISTRATION OR CERTIFICATION DIFFERENTIAL
The District shall grant a one-step salary increase to full-time, regular
employees while employed at the District as a Professional Engineer,
Land Surveyor, Certified Public Accountant or Certified Management
Accountant who have achieved their registration or a license in
positions where the registration or license is not required. Such an
increase shall be limited to one registration or certification per
employee and be subject to the employee's demonstrated ability to
assist in the accomplishment of District activities requiring a level of
skills and importance normally expected from a person with such
registration or license.
PAY UPON PROMOTION
A promotion shall result in pay at least one full step greater than
received prior to the promotion, taking into account any registration or
certification differentials received prior to promotion.
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 $75.00 per
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Article I I—Pay
month. The $75.00 is not included in the employee's base pay. It will
be paid only for time when the employee is in active status and not on
a leave of absence. The $75.00 will not be paid for any time in which
the employee is unable to drive a District vehicle that requires a Class
A or Class B commercial driver's license, such as when the license
has been revoked, suspended, restricted, the employee is on a leave
of absence, etc.
SHIFT DIFFERENTIALS
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 'h%) percent.
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.
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.
TERMINAL COMPENSATION
The employee's terminal compensation will be contributed by the
District to the 401(a) plan at termination, retirement or resignation at
100% of total compensation, as defined in the 401(a) Plan Document
under Section 5.03 (b), or the Internal Revenue Service maximum
contribution limit, whichever is lower.
In no case will the total 401(a) contribution be in excess of Internal
Revenue Code mandated limits in force at the time of termination,
retirement or resignation.
Any other outstanding vacation or sick leave and 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. All
unused accumulated sick leave at the time of retirement is credited as
longevity upon retirement.
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Article I I—Pay
UNIFORM PAY PERIODS
Employees shall be paid based on a pay period from the 18th to 17th
of each month.
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Article I II—Work Hours
ARTICLE III—WORK HOURS
ALTERNATIVE WORK SCHEDULES
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 request and forward such request to the
appropriate Department Director or Division Manager with a
recommendation. Department Director approval is required to
implement an alternative work schedule. The decision of the
Department Director is final and not subject to the grievance
procedure.
REDUCED WORKWEEK
An individual may submit a written request for a reduced workweek of
up to thirty-two (32) hours to his/her supervisor, who will give the
request full, prompt, and responsible consideration. The request may
be for a period not to exceed three months and such request will be
forwarded by the supervisor to the appropriate Department Director or
Division Manager with a recommendation. Department Director
approval is required to implement a reduced workweek. The decision
of the Department Director is final and not subject to the grievance
procedure. Should the individual wish to extend the three-month
period, he/she must submit an additional request(s). All benefits will
remain in effect with the exception that pay and vacation and sick
leave accumulations will be prorated according to the amount of time
worked.
WORK WEEK
The normal workweek for full-time nonshift 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 (7)days a week.
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Article IV—Leaves
ARTICLE IV—LEAVES
ADMINISTRATIVE LEAVE
Administrative leave shall be granted for all employees covered under
this Agreement at three (3) days per year effective April 18 of each
year. Administrative leave must be used by April 17 of each year or it
will be forfeited.
COURT 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 MOU.
2. Responding to a subpoena or notice of deposition except as
noted below in section B.
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.
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
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Article IV—Leaves
sick leave account. Accrued vacation time may be used if additional
time is required. Death in the family leave must be taken within thirty
days of the occurrence of the death. "Immediate Family" consists of
the following persons: mother, father, husband, wife, brother, sister,
son, daughter, in-laws, or grandparents. Verification may be required.
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 and Medical Leave.
HOLIDAYS
Holiday Schedule
There are thirteen (13) paid holidays.
New Year's Day Veteran's 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)
Weekend-Designated Holidays
If a designated holiday falls on a Saturday, the preceding workday not
a holiday shall be deemed to be the holiday, and if the holiday falls on
a Sunday, the following workday not a holiday shall be deemed to be
that holiday.
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Article IV—Leaves
Holiday Compensation
All 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 Day,
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.
In those instances where Christmas (December 25th) and New Year's
Day (January 1st)fall on a Saturday or Sunday, those days will be paid
at the double time rate in addition to the normal monthly pay. The
observed District holiday shall be paid at time and one half in addition
to their normal monthly pay.
Employees who earn holiday compensatory time 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
will be automatically paid for any additional hours earned in excess of
the maximum. 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.
JURY DUTY
If an employee reports for jury duty, he/she may take the time off with
pay and may not receive juror pay from the court. Mileage allowances
and meal expense reimbursements shall be kept by the employee
under any circumstances.
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.
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Article IV—Leaves
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.).
PREGNANCY DISABILIT
For the purposes of the State Disability Insurance, Pregnancy
Disability Leave is effective the first date the employee is disabled.
The District will require verification from the employee's physician.
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 combination of time off for approved Pregnancy Disability Leave
and Family Medical Leave may not total more than seven months per
occasion. This requires approval of the Department Director.
SALARY CONTINUANCE PLAN
It shall be the general policy of the District to continue pay to an
employee under the Salary Continuance Plan when an employee
incurs a work-related injury or illness. This plan commences if the
employee qualifies for temporary disability payments from Worker's
Compensation for the disability and, if in the opinion of the District, the
disability is work-related. If the injury or illness is determined
legitimate, all of the employee's regular benefits will continue during
the time this plan is in effect.
The salary continuance will be equivalent to seventy (70%) percent of
gross compensation less any Worker's Compensation payments.
The maximum period for which this plan could be used by an
employee will be six (6) months or until a stable level of disability is
reached, whichever occurs first.
The District's policy for charging sick leave for work-incurred injuries or
illnesses 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 the 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
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Article IV—Leaves
leave account. Employees shall be allowed paid release time of up to
three (3) hours for work-related injury doctor and/or physical therapy
appointments which shall include thirty (30) minutes of drive time to
and from the appointment.
The first day of the three-day waiting period required by the State
Compensation Insurance Fund begins the day following the date on
which the injury or illness occurred. District Salary Continuance Plan
benefits shall begin on the same day as State Compensation benefits
commence. 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 waiting period.
SICK LEAVE
Current regular or probationary employees hired by the District prior to
May 1, 1985, earn fifteen (15) days sick leave per year. Regular or
probationary employees hired by the District after May 1, 1985, earn
twelve (12) days sick leave per year. Sick leave is to be used only in
case of real sickness, disability, medical, or dental care for the
employee, or up to ten (10) days annually may be used to attend to
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.
SICK LEAVE ACCUMULATION
Unused sick leave accumulates from one year to the next. There is no
maximum limitation. All unused accumulated sick leave at the time of
retirement is credited as longevity upon retirement.
SICK LEAVE INCENTIVE BENEFIT
For current regular or probationary employees hired by the District
prior to May 1, 1985, the District shall augment the regular sick leave
policy with an incentive benefit using a formula crediting eighty-five
(85%) percent of the employee's yearly-unused sick leave to an
accumulating account for that person. For regular or probationary
employees hired by the District after May 1, 1985, the following
schedule shall apply:
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Article IV—Leaves
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 & 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 of 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.
VACATION
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 appropriate supervisor, 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 are shown in the following tables:
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Article IV—Leaves
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
Use of Vacation Accumulation
All employees shall be afforded (1) one calendar year from the
anniversary date to use such extra vacation days to or below the
permitted maximum limits.
Accrual Credit
The extra days accrued due to service of over five (5) years are
credited to each employee's account on his/her anniversary date.
Employees are notified as they reach the maximum accrual limit.
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Article IV—Leaves
Termination
If an employee leaves the District for any reason, he/she will be paid
for any earned vacation time not used.
Payment of Accumulated Vacation Time
An employee may request a payment of the cash equivalent of
vacation accruals subject to the following:
A. Employee must make an irrevocable election before the end of
each calendar year to either(a) receive payment in the following
calendar year of the cash equivalent of all or a portion of the
vacation hours that will accrue during the following calendar year,
or(b)to accrue those vacation hours as paid vacation during the
following calendar year. Elections must be made every year and
will not carry over from one calendar year to the next. If an
employee fails to make an election, the employee will be deemed
to have irrevocably elected to accrue all of the vacation hours
earned in the following calendar year as paid time off.
B. The election must designate the number of vacation hours being
requested for payment. The payment cannot exceed the value of
the maximum vacation accruals based on the employee's years of
service in the year of payment up to a maximum of one hundred
sixty (160) hours. An employee may request cash payment of the
value of vacation hours the employee elected to convert to cash
compensation before the end of the previous calendar year at any
time during the current calendar year; provided, however, that no
cash payment for the value of vacation hours will be made unless
and until the vacation hours have been earned and accrued as
detailed in the above accrual schedule.
C. Vacation hours an employee elects to convert to cash
compensation in the following calendar year as described above
will be converted to cash compensation based on the employee's
hourly rate of pay in effect at the time of the payment request.
D. Note the following exception to the 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.
The above policies do not apply to termination of employment or
retirement.
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Article V—Benefits
ARTICLE V—EMPLOYEE BENEFITS
401 (A)MONEY PURCHASE PLAN
The District contributes to each employee's 401(a) Money Purchase
Plan an amount equal to that which the District would otherwise
contribute to the Social Security system, but not including the
employee's contribution to Medicare or FICA. If, during the term of this
Memorandum of Understanding, the District is required by law to
participate in the Social Security system, the District will stop
contributing to the 401(a) Money Purchase Plan and will meet and
confer on the change.
CAFETERIA PLAN
The District shall contribute $220 per month for each employee to the
Cafeteria Plan. The employee may elect to take the full contribution in
cash.
DEFERRED COMPENSATION
The District offers a Deferred Compensation Plan to employees, who
may defer up to the amount allowed by law. Employee participation in
the Deferred Compensation Plan is voluntary.
DENTAL PLAN
The District shall provide a dental care program for all employees
covered under this Memorandum of Understanding. Delta Dental shall
be the dental plan provider.
DISABILITY PLA
The District shall provide a Long Term Disability program for all
employees covered under this Memorandum of Understanding. There
shall be a ninety-day waiting period.
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.
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Article V—Benefits
Continuation of this program is subject to Health Plan carrier
acceptance.
EDUCATION-TUITION REFUND POLICY
The District will reimburse employees (with the exception of those on a
Leave of Absence)desiring to further their education for the purpose
of improving their on-the-job performance. Approval will be given only
for courses within the scope of the employee's employment field and
District job responsibilities. 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 $2000 per Fiscal Year.
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. Failure to
request by March 15t" shall not preclude approval of an appropriate
request subject to acceptable budget.
EMPLOYEE ASSISTANCE PROGRAM
An Employee Assistance Program shall be provided MS/CG at District
cost.
HEALTH PLANS
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.
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.
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
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Article V—Benefits
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
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 vision benefits for all
employees and qualified eligible dependents.
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.
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Article V—Benefits
Tier II
Employees hired after May 1, 1985 but before April 19, 2003 shall 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.
Employees hired after April 18, 2003, who have reached age 55 and
have a minimum of ten (10)years of continuous service with the
District at the time of retirement, shall be covered by medical and
dental plans when they retire from District employment. 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 (50%) percent
of the cost to the District for the employee's medical and dental
coverage. Eligible employees shall be provided with reduced life
insurance ($10,000)when they retire from District employment.
Eligible employees' qualified dependents (as defined by the plan
provider)who were covered as dependents at the time of retirement
also shall be covered by medical and dental plans with the exception
that the District shall only pay for the full cost of an eligible
dependent's medical and dental plan premiums until the eligible
dependent's 65th birthday. At age 65, the eligible dependent shall pay
the District fifty percent(50%) of the cost to the District for the eligible
dependent's medical and dental coverage.
Tier III
Employees hired after June 30, 2009 shall be covered by 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%)of the
premium cost for the lowest cost medical plan for the retiree and
spouse. For Tier III employees hired on or after April 18, 2013, the
District shall only pay fifty (50%)of the premium cost for the lowest
cost dental plan for the retiree and spouse. Eligible employees'
qualified dependents (as defined by the plan provider) other than the
employee's spouse 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 coverage for
those dependents. Tier III retirees and dependents are ineligible for life
insurance.
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Article V—Benefits
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,
Tier II, and Tier III benefits as stated above. Dependents of retirees
under Tier III are not covered by the District's medical plan, unless the
retiree chooses to reimburse the District for the cost to cover the
dependent. 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.
The medical coverage for eligible retirees after age 65 will be
integrated with Medicare for all eligible retirees regardless of when
they were hired and eligible dependents upon their 65th birthday. If the
retiree's/dependent's health plan requires enrollment at age 65 in
Medicare Part B, the retiree and/or dependent shall be responsible for
paying for the Medicare premiums. For Tier I and Tier II, upon
submission of evidence of payment to Medicare, the District will
reimburse the retiree and/or dependent for the cost of the Medicare
premiums. For Tier III, the District shall not reimburse any Medicare
premiums. For all tiers, 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.
The program for dependents of a deceased employee shall provide for
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 HEALTH AND WELFARE BENEFITS UPON TRANSITION
TO CALPERS:
Retiree Benefits: Employees are eligible for retiree medical benefits
through CaIPERS 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 CaIPERS 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
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Article V—Benefits
coverage directly to CalPERS in accordance with CalPERS
requirements.
For those employees that are eligible for Tier I, ll, 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
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
CaIPERS, 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). 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 ll: Employees hired after May 1, 1985 but before April 19, 2003
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, effective upon the ratification of the
MOU and the implementation of CaIPERS, 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).
Employees hired after April 18, 2003 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 they have reached a minimum age of 55 and have a
minimum of ten (10)years of continuous service.
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Article V—Benefits
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. At age 65, the District
will pay 50% of a retiree's eligible dependent's core medical, dental
and vision plan premiums. Eligible employees' qualified dependents
(as defined by the plan provider)who were covered as dependents at
the time of retirement also shall be covered by medical and dental
plans with the exception that the District shall only pay for the full cost
of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent
shall pay the District fifty percent(50%)of the cost to the District for
the eligible dependent's medical and dental coverage.
Tier III: Employees hired after June 30, 2009 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. 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. The District will also pay
50% of the core medical plan 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. 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.
"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. If the selected plan is less than
either of the core plans, employees shall not be reimbursed the
difference.
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Article V—Benefits
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
65t" 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.
Prior to January 1, 2019, the District shall convene a Labor
Management Committee comprised of members of both District
Management and representatives of Local#1 and MS/CG to develop
and finalize the plan design and to select a vendor to administer the
HRA.
MILEAGE REIMBURSEMENT
The District-wide mileage allowance for the use of personal vehicles
on District business shall be paid as allowed by the IRS without tax
consequences.
RETIREMENT
The District shall provide a retirement program for all employees
covered under this Memorandum of Understanding.
District employees who were members of the Retirement Association
on or prior to March 1, 1973, and who have vested thirty (30)years
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Article V—Benefits
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).
SAFETY EQUIPMENT
The District will provide safety glasses from a District-designated
supplier for those employees required to wear them.
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 (1) 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.
Safety shoes requiring replacement shall be turned in to the
employee's immediate supervisor who makes the appropriate
determination as to their replacement and notifies the respective
Division Manager and then the employee on how to proceed with shoe
replacement.
TERM LIFE INSURANCE PLAN
For current regular or probationary employees hired by the District
prior to May 1, 1985, the District shall provide a term life insurance
policy equal to two (2)times the employee's annual salary at Step E to
a maximum of$75,000. For regular or probationary employees hired
by the District after May 1, 1985, the District shall provide a term life
insurance policy equal to one (1)times the employee's annual salary
at Step E to a maximum of$75,000.
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Article VI—Recruitment and Classification
ARTICLE VI—RECRUITMENT AND •
APPOINTMENT OF RELATIVES
Members of the immediate family of elected or appointed officials shall
not be appointed to District employment.
Members of the immediate family of employees other than spouses
and registered domestic partners shall not be appointed to the same
division, nor shall be transferred, promoted, or demoted into the same
division, or be placed in a position as to evaluate a relative or be in the
same line of supervision.
Spouses and registered domestic partners shall not be appointed,
transferred, promoted or demoted into a position in which there would
be either(a) a direct supervisory relationship between the couple or
(b)where there would exist a significant and likely potential for
creating an adverse impact on supervision, safety, security, morale or
efficiency. If an existing District employee marries or enters into a
registered domestic partnership with another existing District
employee that would cause either(a)or(b). Under either of these
circumstances, the General Manager or designee shall either(1)
redefine the duties of the employees involved to avoid a supervisory
relationship or eliminate the significant and likely potential for creating
an adverse impact on supervision, safety, security, morale or
efficiency or(2)transfer one spouse/domestic partner to a similar
position. The District will provide notice to MS/CG and the opportunity
to comment prior to taking either of these two actions.
Immediate family members are defined as mother, father, brother,
sister, son, daughter, spouse, registered domestic partner, in-laws by
marriage or registered domestic partnership, and grandparents.
This provision shall apply to all types of employment status including
temporary employees.
FILLING OF VACANT POSITIONS
When an opening occurs for a position that is not included in the
Personnel Advancement Policy, employees may compete on an
open/promotional basis. Employees must meet the minimum
qualifications to proceed through the recruitment and testing process.
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Article VI—Recruitment and Classification
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. A District manager or his/her designated representative
will interview all candidates, in rank order, on the eligible 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
Management Support/Confidential Group of this occurrence, and the
parties agree to meet and confer.
LATERAL TRANSFERS
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 his/her
designated representatives when a vacancy exists and will be
considered prior to any other recruitment activity.
PROBATIONARY PERIOD
The probationary period for members of Management
Support/Confidential Group who are reclassified for any reason is six
months.
RECLASSIFICATION REQUESTS
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. If an employee has
reason to believe that his/her 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. Upon receipt of the request, 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
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submitted to the Board of Directors for consideration. However, if the
recommendation is that further information is needed or the
reclassification is not clearly justified, the Human Resources Manager
will set up a three to five member panel comprised of management
team members to consider the reclassification request. The employee
shall be able to make a written and verbal justification to the panel. A
consultant, specializing in classification studies shall be retained to
evaluate the reclassification request and advise the panel. The panel
shall be overseen by the Human Resources Manager. If the
determination of the panel is that reclassification is inappropriate, that
determination shall be final and not subject to grievance. If the
recommendation of the panel is that reclassification is appropriate,
then that recommendation shall be submitted to the Board of Directors
for consideration.
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EMPLOYEE • RELATIONS
DISCIPLINARY PROCEDURE
The District and MS/CG agree to follow the disciplinary procedures as
stated in the Local One Memorandum of Understanding unless the
parties agree to other procedures as determined on a case-by-case
basis.
A.1. Disciplinary Action:
a. General
The District's disciplinary procedure is intended to advise the
employee of less than satisfactory behavior or actions on the
job, and it is intended to be used as a corrective measure for
improvement. The District shall use progressive steps in the
disciplinary procedure as follows: verbal warnings with
discussion records, written reprimands, suspension, and
reduction in rank and/or pay. Notwithstanding the above, the
disciplinary measures shall be commensurate with the offense
or the continuation of offenses, 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. See Article VII, Substance Abuse.
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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
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 VII.
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 in writing within thirty
(30)days of the discovery of the incident that discipline may
result due to the incident. The parties may agree to extend the
time to provide such notice.
All records of discipline shall remain a part of the employee's
personnel file for a period of three years, assuming no
continuation of a similar offense. All disciplinary records which
are removed from the employee's personnel file after three
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years shall be maintained in a separate file by the District
Human Resources Manager to be used only in matters
involving discrimination, litigation complaints or charges, and
grievances alleging disparate treatment.
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 (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.
A.2. Dismissal of an Employee
a. General
During his/her probationary period, an employee may be
dismissed without cause by the Board, the General Manager,
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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 VII,
Section A.1.b. (1-14), or continued behavior as specified in
Article VII, after an evaluation or corrective action plan has
failed to produce an improvement in the workers'
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 VII.
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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 five (5)working days prior to the effective
date. This notice shall be prepared by the employee's
Department Director after consultation with the Human
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 exchange 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 VII, Section A.1.c.,
Written Notice.
4. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
A.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 such decision, and then the General Manager shall
schedule a fair and impartial hearing. The General Manager
shall appoint the Director of Finance and Administration to act
as the Hearing Officer or, if it has been determined that a
conflict of interest exists, or in his absence, another
Department Director may be appointed. In either case, said
hearing shall be scheduled within thirty (30)working days. At
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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.
A.4.Appeal
a. General
An employee, except at provided in Sections 4-410, 4-411, 4-
412, and 4-415 in Chapter Four of the District 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 A Representative to Hear Appeal
The Board shall employ a neutral third party to hear the
appeal and to recommend action to the Board. Except in
cases where MS/CG is not involved in the appeal, the cost of
the hearing shall be shared equally between the District and
MS/CG, including the fees of the neutral third party and a
court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
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.Driver's License Requirements
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Employees required by their classification to possess a valid Class A,
B, or C driver's license must report the suspension or revocation of the
driver's license to Human Resources within 24 hours of a conviction or
the next working day.
In positions where possession of a valid California driver's license is
mandatory, the revocation or suspension of that employee's license
may result in disciplinary action up to and including suspension,
demotion, or termination.
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. Parking
tickets are excepted.
GRIEVANCE PROCEDURE
It shall be the policy of the District and the MS/CG 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.
The grievant may elect, in writing, to represent himself/herself rather
than have the MS/CG provide representation. If the grievant elects to
represent himself/herself at this step, or at any later step, the MS/CG
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.
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.
Matters Not Subject to Grievance
The District's policies, rules, and regulations as such; a rating as given
in an Employee Performance Appraisal; the Disciplinary and
Termination Actions as outlined in the District's Discipline Policy and
Procedures; classification; and contractual changes in health plans
initiated by and at the sole discretion of the health plan providers.
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Procedure
Step One: The grievant shall, within fifteen (15)working days,
from when the employee knew 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 representatives 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 and
when it was allegedly violated and (c)the requested remedy.
A grievance meeting will not be denied solely based on the
remedy requested. A meeting shall be arranged by the
Department Director within five (5)working days of receipt of
the written grievance. The grievance shall be discussed with
the grievant and pertinent facts brought to light. The
Department Director shall respond, in writing, within fifteen
(15)working days after the final meeting rendering the
decision.
Failure of the grievant to take further action within five (5)
working days after receipt of the decision will constitute
withdrawal of the grievance.
Step Three: In the event such differences are not settled at
Step Two and the grievant desires the grievance to be
considered further, it shall be presented, in writing, within five
(5)working days to the General Manager or his designated
representative who will discuss the grievance with the
grievant, his representative or representatives, and with other
appropriate persons within ten (10) 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
concerning the grievance. A record may be maintained of
information presented. The General Manager shall render a
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decision, in writing, to the grievant within twenty (20)working
days after hearing the grievance.
Failure of the grievant to take further action within ten (10)
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 Board
within five (5)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 may employ a neutral third party to hear the matter
and recommend action to the Board. 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.
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 decision 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 agreements, in writing.
The cost of the grievance arbitration shall be shared equally between
the District and the MS/CG, including the fees of the neutral third
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party,
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a court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
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.
Employee-Processed Grievance
An employee covered by this Agreement may present a grievance
directly and have such grievance adjusted without intervention of the
MS/CG as long as the adjustment is not inconsistent with the terms of
this Agreement.
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
MS/CG, 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.
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.
Separate Grievance File
All materials concerning an employee's grievance shall be kept in a file
separate from the employee's personnel file, which file 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.
LAYOFF
If the Board of Directors deems layoffs to be necessary, they will be
done in accordance with the layoff provisions in the District Ordinance
Code, Chapter 4. The District agrees to meet and confer with the
Management Support/Confidential Group on the effects of such layoff.
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PERSONAL AND DISTRICT PROPERTY
The District discourages the use or display of personal property not
required to perform an employee's job by an employee at work.
The storage, carrying, or use of firearms or other lethal weapons on
District property is strictly prohibited.
Most employees required to wear uniforms during working hours are
provided lockers by the District. Lockers are District property and may
be searched by management at any time without advance notice. If a
locker is to be inspected, and the employee is on the job-site, the
employee will be allowed to be present when the locker is inspected.
The District will be responsible for replacing damaged locks.
Any and all electronically-produced documents, including faxes, e-mail
or other forms of electronic communication, which are maintained,
kept, received or transmitted on District property are not confidential,
and are subject to disclosure and review at any time. Any matters
generated or received on District computers, and any documents
duplicated on District copiers or other equipment, also are subject to
search at any time whenever there is a reasonable justification for
search.
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 or
work-related problems. In cases where an employee's alcohol or
controlled substances leads to disciplinary or work-related problems,
the District agrees to discuss and, in its sole discretion, consider
holding proposed disciplinary action in abeyance and referring the
employee to appropriate counseling or treatment. The District further
agrees that the employee will not be dismissed for the conduct that led
to his or her referral to treatment or counseling while actively and
successfully participating in such treatment or counseling programs,
subject to his/her compliance with District and departmental rules and
maintenance of acceptable job performance. However, an employee
who fails to successfully complete treatment or counseling or who
subsequently suffers a relapse shall be subject to disciplinary action.
An employee may have proposed disciplinary action held in abeyance
to participate in treatment or counseling only once during his or her
employment.
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Concluding Provisions
CONCLUDING -• •
PAST PRACTICES dN
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 is not a part of this Agreement, the District
agrees to meet and confer before taking such action.
SIDE AGREEMENTS
Except as otherwise specifically provided herein, this MOU fully and
completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein, provided that
nothing herein shall prohibit the parties from changing the terms of this
MOU by mutual agreement. Any past side letters or any other
agreements, excluding settlement agreements, that are not
incorporated into or attached to this MOU are deemed expired upon
approval of this MOU by the Board of Directors.
SAVINGS UIL.
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.
TERM
This Memorandum of Understanding shall remain in full force and
effect from December 18, 2017 throu h A ril 17, 2022.
SIGNATURES TO AGREEMENT
Entered into this 1st day of November, 2018, subject to the approval of
the respective parties.
CENTRALCONTRA COSTA SANITARY DISTRICT
Bruce Heid
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Ann Sasaki
Phil Leiber
Teji O'Malley
CENTRALCONTRA COSTA SANITARY DISTRICT
MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
Jim Bickert
Tim Potter
Paul Kelly
Roy Manes
Nancy Molina
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INDEX
Administrative Leave..................................................................... 10
Alternative Work Schedules............................................................... 9
Appointment of Relatives................................................................. 27
CafeteriaPlan................................................................................ 18
Class A/Class B Drivers License........................................................ 6
Continuance of Benefit Plan............................................................. 20
. Miscellaneous......................................................................... 22
• Tier I ....................................................................................... 20
• Tier 11 ...................................................................................... 21
. Tier III ..................................................................................... 21
Court Appearances .......................................................................... 10
Deathin Family.............................................................................. 10
Deferred Compensation Plan........................................................... 18
DentalPlan....................................................................................... 18
Disciplinary Procedures ................................................................... 30
Disability Plan................................................................................... 18
Driver's License Requirements........................................................ 36
Dual Health Coverage...................................................................... 18
Dues................................................................................................... 3
Education-Tuition Refund Policy.................................................... 19
Employee Assistance Program........................................................ 19
EmployeeBenefits ........................................................................... 18
• Cafeteria Plan......................................................................... 18
• Continuance of Benefit Plan................................................... 20
oTier I................................................................................. 20
oTier II................................................................................ 21
oTier III............................................................................... 21
• Dental Plan............................................................................. 18
• Disability Plan......................................................................... 18
. Dual Health Coverage............................................................ 18
• Education-Tuition Refund Policy............................................ 19
• 401(A) Money Purchase Plan ................................................ 18
• Deferred Compensation Plan................................................. 18
. Health Plans........................................................................... 19
• Mileage Reimbursement ........................................................ 25
• Professional Registration ......................................................... 6
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. Retirement.............................................................................. 25
• Safety Equipment................................................................... 26
• Salary Continuance Plan........................................................ 13
• Term Life Insurance ............................................................... 26
• Transition to CALPERS Health ............................................. 19
Family and Medical Leave............................................................. 11
Filling of Vacant Positions................................................................ 27
General Increases........................................................................... 4
Grievance Procedure ....................................................................... 36
• Employee-Processed Grievance............................................ 39
• Grievance Processing During Regular Work Hours............... 39
. Grievance Witnesses ............................................................. 39
• Group Grievances .................................................................. 39
• Matters Not Subject to Grievance .......................................... 36
• Matters Subject to Grievance................................................. 36
• Miscellaneous Provisions....................................................... 38
• Procedure............................................................................... 37
oStep One.......................................................................... 37
oStep Two.......................................................................... 37
oStep Three....................................................................... 37
oStep Four......................................................................... 38
• Separate Grievance File......................................................... 39
HealthPlans .................................................................................. 19
Holidays............................................................................................ 11
. Holiday Compensation ........................................................... 12
. Holiday Schedule.................................................................... 11
• Weekend-Designated Holidays.............................................. 11
JuryDuty........................................................................................ 12
Lateral Transfers............................................................................ 28
Layoff................................................................................................ 39
Leave of Absence Without Pay........................................................ 12
Leaves.............................................................................................. 10
• Administrative Leave.............................................................. 10
. Court Appearances ................................................................ 10
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. Death in Family....................................................................... 10
• Family and Medical Leave...................................................... 11
. Jury Duty ................................................................................ 12
• Leave of Absence Without Pay.............................................. 12
• Military Leave ......................................................................... 13
. Pregnancy Disability............................................................... 13
• Salary Continuance Plan........................................................ 13
• Sick Leave.............................................................................. 14
• Sick leave Accumulation ........................................................ 14
• Sick Leave Incentive .............................................................. 15
• Vacation.................................................................................. 15
Longevity Compensation.................................................................... 4
Matters Not Subject to Grievance................................................. 36
Matters Subject to Grievance........................................................... 36
MealAllowance.................................................................................. 4
Merit Increases................................................................................... 5
Miscellaneous Provisions................................................................. 38
Mileage Reimbursement.................................................................. 25
MilitaryLeave................................................................................... 13
Minimum Call Back Pay..................................................................... 5
Money Purchase Plan 401(a)........................................................... 18
Night Shift Differential...................................................................... 7
Nondiscrimination............................................................................... 2
Out-of-Class Pay............................................................................. 5
Overtime Accumulation...................................................................... 5
PastPractices................................................................................ 41
Pay..................................................................................................... 4
. Minimum Call Back Pay ........................................................... 5
. Out-of-Class Pay...................................................................... 5
. Paycheck Distribution............................................................... 6
. Terminal Compensation ........................................................... 7
. Uniform Pay Periods ................................................................ 8
. Upon promotion........................................................................ 6
Payroll Deduction of Dues.................................................................. 3
Personal and District Property.........................................................40
Preamble............................................................................................ 1
PregnancyDisability......................................................................... 13
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Probationary Period Upon Reclassification...................................... 28
Procedure (Grievance)..................................................................... 37
• Step One ................................................................................ 37
• Step Two ................................................................................ 37
• Step Three.............................................................................. 37
• Step Four................................................................................ 38
Professional Registration ................................................................... 6
Reclassification.............................................................................. 28
• Reclassification Request........................................................ 28
• Probationary Period................................................................ 28
Recognition and Coverage................................................................. 1
Recruitment and Classification......................................................... 27
• Appointment of Relatives ....................................................... 27
• Filling of Vacant Positions ...................................................... 27
• Lateral Transfers .................................................................... 28
ReducedWork Week......................................................................... 9
Registration or Certification Differential ............................................. 6
Relief Operator Differential................................................................. 7
Retirement........................................................................................ 25
Rights .............................................................................................. 1
SafetyEquipment .......................................................................... 26
Salary Continuance Plan.................................................................. 13
Savings ............................................................................................ 41
Shift Differentials................................................................................ 7
• Night Shift Differential............................................................... 7
• Swing Shift Differential ............................................................. 7
• Relief Operator Differential....................................................... 7
SickLeave........................................................................................ 14
Sick Leave Accumulation................................................................. 14
Sick Leave Incentive ........................................................................ 15
Signatures to Agreement ................................................................. 42
Substance Abuse............................................................................. 40
Swing Shift Differential....................................................................... 7
Term ............................................................................................ 41
Term Life Insurance Plan................................................................. 26
Vacant Positions, Filling of............................................................. 27
Vacation ........................................................................................... 15
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. Accrual Credit......................................................................... 16
. Earnings ................................................................................. 16
• Payment of Accumulated Vacation Time ............................... 17
• Termination............................................................................. 17
• Use of Vacation Accumulation ............................................... 16
Vision................................................................................................ 20
Weekend Designated Holidays..................................................... 11
WorkHours ........................................................................................ 9
• Alternative Work Schedules..................................................... 9
. Reduced Work Week ............................................................... 9
. Work Week............................................................................... 9
WorkWeek......................................................................................... 9
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Notes
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Notes
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Attachment 2
MEMORANDUM
Of
UNDERSTANDING
6e[Twen
hie
Central Contra Costa
Sanitary District
and-Me
Management Support/
Confidential Group
December 18, 2017
through
April 17, 2022
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MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Preamble.....................................................................................1
Recognition and Coverage....................................................1
Rights.....................................................................................1
Nondiscrimination ..................................................................2
ArticleI — Dues............................................................................3
ArticleII— Pay.............................................................................4
General Increases .................................................................4
Longevity Compensation.......................................................4
MealAllowance......................................................................4
MeritIncreases......................................................................5
Minimum Call Back Pay.........................................................5
Out-of-Class Pay ...................................................................5
Overtime Accumulation..........................................................5
Paycheck Distribution ............................................................6
Professional Registration.......................................................6
Registration or Certification Differential.................................6
Pay Upon Promotion..............................................................6
Class A/Class B Driver's License .........................................6
Shift Differentials....................................................................7
Night Shift Differential .....................................................7
Swing Shift Differential....................................................7
Relief Operator Differential..............................................7
Terminal Compensation ........................................................7
Uniform Pay Periods..............................................................8
Article III—Work Hours...............................................................9
Alternative Work Schedules ..................................................9
Reduced Work Week.............................................................9
WorkWeek............................................................................9
Article IV—Leaves....................................................................10
Administrative Leave ...........................................................10
Court Appearances..............................................................10
Deathin Family....................................................................10
Family and Medical Leave...................................................11
Holidays...............................................................................11
Holiday Schedule ..........................................................11
Weekend-Designated Holidays.....................................11
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Holiday Compensation..................................................12
JuryDuty..............................................................................12
Leave of Absence Without Pay ...........................................12
MilitaryLeave.......................................................................13
Pregnancy Disability............................................................13
Salary Continuance Plan.....................................................13
SickLeave...........................................................................14
Sick Leave Accumulation ....................................................14
Sick Leave Incentive Benefit ...............................................15
Vacation...............................................................................15
Vacation Earnings.........................................................16
Use of Vacation Accumulation......................................16
Accrual Credit................................................................16
Termination ...................................................................17
Payment of Accumulated Vacation Time......................17
Article V— Employee Benefits...................................................18
401(a) Money Purchase Plan..............................................18
CafeteriaPlan......................................................................18
Deferred Compensation ......................................................18
DentalPlan ..........................................................................18
Disability Plan ......................................................................18
Dual Health Coverage .........................................................18
Education-Tuition Refund Policy .........................................19
Employee Assistance Program ...........................................19
HealthPlans ........................................................................19
HealthPlans..................................................................19
Benefits .........................................................................19
Transition to CALPERS Health.....................................19
Vision Coverage............................................................20
Continuance of Benefit Plan..........................................20
Miscellaneous ...............................................................22
RETIREE HEALTH AND WELFARE BENEFITS
UPON TRANSITION TO CALPERS.............................22
Medicare.................................................................25
Survivor Benefits.....................................................25
Health Reimbursement Account.............................25
Mileage Reimbursement......................................................25
Retirement...........................................................................25
SafetyEquipment ................................................................26
Term Life Insurance Plan ....................................................26
Article VI — Recruitment and Classification...............................27
Appointment of Relatives.....................................................27
Filling of Vacant Positions ...................................................27
Lateral Transfers..................................................................28
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Probationary Period.............................................................28
Reclassification Request.....................................................28
Article VII — Employee/ Employer Relations............................30
Disciplinary Procedure.........................................................30
Dismissal of an Employee ...................................................32
Fair and Impartial Hearing for Disciplinary Action and
Dismissal of Employee..................................................34
Appeal..................................................................................35
Driver's License Requirements............................................36
Grievance Procedure...........................................................36
Matters Subject to Grievance........................................36
Matters Not Subject to Grievance.................................36
Procedure......................................................................37
Miscellaneous Provisions..............................................38
Group Grievances.........................................................39
Employee-Processed Grievance ..................................39
Grievance Witnesses....................................................39
Grievance Processing During Regular
Working Hours........................................................39
Separate Grievance File ...............................................39
Layoff...................................................................................39
Personal and District Property.............................................40
Substance Abuse.................................................................40
Concluding Provisions............................................................41
Past Practices......................................................................41
SIDE AGREEMENTS....................................................41
Savings................................................................................41
Term.....................................................................................41
Signatures to Agreement.....................................................42
Index..........................................................................................43
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Preamble
PREAMBLE
RECOGNITION AND COVERAGE Pr
The Management Support/Confidential Group, hereafter known as the
MS/CG, is the formally recognized exclusive employee representative
for all employees other than General Employees, Management
Employees, and Executive Management Employees. The MS/CG shall
represent all regular employees currently designated by Resolution of
the Board of Directors.
The determination for new and reclassified positions shall be in
accordance with the District's Employer/Employee Relations
Ordinance.
RIGHTS
The Board of Directors' representatives and duly appointed
representatives of the MS/CG will meet and confer in good faith. The
Board of Directors, or any agent thereof, agrees that there will be no
interference, restraint, or coercion against the MS/CG or against any
employee because of his/her group membership or group activity.
It is the intent and purpose of the parties hereto to promote
harmonious, economic, and industrial relationships between the
District and MS/CG and to affect the best possible service at the most
effective cost to the customers of the District. The District and MS/CG
jointly agree to perform faithfully the obligations imposed by this
Memorandum of Understanding, and furthermore, agree that the
provisions contained herein shall be recognized as the sole statement
of contractual rights and obligations between the two parties, except
however, that all rights, privileges, and benefits secured prior to this
agreement shall remain in full force and effect, except as may be
provided herein.
The District has the sole and exclusive right to determine the
consideration of the merits, necessity, or organization of any service or
activity provided by law or Executive Order. Additionally, 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; require overtime, when necessary, for operations of the
District; take disciplinary action; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain the
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Preamble
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.
NONDISCRIMINATION
There will be no discrimination by the MS/CG 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, medical condition or political beliefs, consistent with
applicable state and federal law.
Discourteous treatment of the public or fellow employees including
discrimination and/or harassment that is detrimental to the function of
the District will not be tolerated. The offender(s) shall be subject to
disciplinary action as considered appropriate by the Department
Director.
Management Support/Confidential Group 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 Management
Support/Confidential Group prior to any accommodation, which might
require an exemption from the Memorandum of Understanding. Any
specific accommodation by the Americans with Disabilities Act shall
not establish a past practice, nor shall it be cited as evidence of a past
practice in the grievance procedure.
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Article I—Dues
ARTICLE I—DUES
The District shall provide payroll deduction of dues for the MS/CG
employees, provided however, that a signed payroll deduction form is
executed by the employee specifying the amount to be deducted and
is in the Accounting Office by the fifteenth of the month prior to its
effective date. The monies withheld shall be turned over to the
treasurer of the MS/CG by the fifteenth of the following month.
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Article I I—Pay
ARTICLE 11—PAY
GENERALINCREASES
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%.
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
other than wage already provided by the District prior to Board
approval.
LONGEVITY COMPENSATION
Longevity Pay
A two and one-half(2'/2%) percent career service pay increase will be
granted to employees after ten (10)years of 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.
MEAL ALLOWANCE
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 worked. In addition, they will receive a $12.00 meal
allowance. Operations personnel will receive the meal allowance, but
not the paid meal break.
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$12.00. Operations personnel
will receive the meal allowance, but not the paid meal break. Meal
periods and meal allowances will be paid only for overtime hours and
will not be paid for scheduled working hours. The paid meal period
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Article I I—Pay
includes cleanup time. Receipts will not be required for meal
allowances.
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 an unacceptable overall
evaluation rating as noted in an Employee Performance Appraisal
Form. During the term of this Memorandum of Understanding, the
District shall use the Employee Performance Appraisal Form.
MINIMUM CALL BACK PAY
An employee not on Standby but who is called back to work shall be
compensated at time and one-half for a three (3) hours' minimum for
each call, time and one-half for the actual time worked, whichever is
greater. The allowance for travel time shall be thirty (30) minutes each
way and shall be added to actual time worked.
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.
OVERTIME 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. Earned Overtime in
excess of forty (40) hours will be paid out in cash. There will be a limit
of eighty (80) hours of 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.
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Article I I—Pay
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee 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 wire transfer from the Federal Reserve Bank.
PROFESSIONAL REGISTRATION
The District shall pay the registration and renewal fees for professional
registered engineers, licensed land surveyors, and those employees
who hold a current California Wastewater Treatment Plant Operator's
Certificate where the registration and/or certificate is a requirement of
the employee's classification.
REGISTRATION OR CERTIFICATION DIFFERENTIAL
The District shall grant a one-step salary increase to full-time, regular
employees while employed at the District as a Professional Engineer,
Land Surveyor, Certified Public Accountant or Certified Management
Accountant who have achieved their registration or a license in
positions where the registration or license is not required. Such an
increase shall be limited to one registration or certification per
employee and be subject to the employee's demonstrated ability to
assist in the accomplishment of District activities requiring a level of
skills and importance normally expected from a person with such
registration or license.
PAY UPON PROMOTION
A promotion shall result in pay at least one full step greater than
received prior to the promotion, taking into account any registration or
certification differentials received prior to promotion.
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 $75.00 per
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Article I I—Pay
month. The $75.00 is not included in the employee's base pay. It will
be paid only for time when the employee is in active status and not on
a leave of absence. The $75.00 will not be paid for any time in which
the employee is unable to drive a District vehicle that requires a Class
A or Class B commercial driver's license, such as when the license
has been revoked, suspended, restricted, the employee is on a leave
of absence, etc.
SHIFT DIFFERENTIALS
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 'h%) percent.
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.
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.
TERMINAL COMPENSATION
The employee's terminal compensation will be contributed by the
District to the 401(a) plan at termination, retirement or resignation at
100% of total compensation, as defined in the 401(a) Plan Document
under Section 5.03 (b), or the Internal Revenue Service maximum
contribution limit, whichever is lower.
In no case will the total 401(a) contribution be in excess of Internal
Revenue Code mandated limits in force at the time of termination,
retirement or resignation.
Any other outstanding vacation or sick leave and 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. All
unused accumulated sick leave at the time of retirement is credited as
longevity upon retirement.
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Article I I—Pay
UNIFORM PAY PERIODS
Employees shall be paid based on a pay period from the 18th to 17th
of each month.
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Article I II—Work Hours
ARTICLE III—WORK HOURS
ALTERNATIVE WORK SCHEDULES
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 request and forward such request to the
appropriate Department Director or Division Manager with a
recommendation. Department Director approval is required to
implement an alternative work schedule. The decision of the
Department Director is final and not subject to the grievance
procedure.
REDUCED WORKWEEK
An individual may submit a written request for a reduced workweek of
up to thirty-two (32) hours to his/her supervisor, who will give the
request full, prompt, and responsible consideration. The request may
be for a period not to exceed three months and such request will be
forwarded by the supervisor to the appropriate Department Director or
Division Manager with a recommendation. Department Director
approval is required to implement a reduced workweek. The decision
of the Department Director is final and not subject to the grievance
procedure. Should the individual wish to extend the three-month
period, he/she must submit an additional request(s). All benefits will
remain in effect with the exception that pay and vacation and sick
leave accumulations will be prorated according to the amount of time
worked.
WORK WEEK
The normal workweek for full-time nonshift 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 (7)days a week.
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Article IV—Leaves
ARTICLE IV—LEAVES
ADMINISTRATIVE LEAVE
Administrative leave shall be granted for all employees covered under
this Agreement at three (3) days per year effective April 18 of each
year. Administrative leave must be used by April 17 of each year or it
will be forfeited.
COURT 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 MOU.
2. Responding to a subpoena or notice of deposition except as
noted below in section B.
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.
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
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Article IV—Leaves
sick leave account. Accrued vacation time may be used if additional
time is required. Death in the family leave must be taken within thirty
days of the occurrence of the death. "Immediate Family" consists of
the following persons: mother, father, husband, wife, brother, sister,
son, daughter, in-laws, or grandparents. Verification may be required.
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 and Medical Leave.
HOLIDAYS
Holiday Schedule
There are thirteen (13) paid holidays.
New Year's Day Veteran's 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)
Weekend-Designated Holidays
If a designated holiday falls on a Saturday, the preceding workday not
a holiday shall be deemed to be the holiday, and if the holiday falls on
a Sunday, the following workday not a holiday shall be deemed to be
that holiday.
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Article IV—Leaves
Holiday Compensation
All 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 Day,
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.
In those instances where Christmas (December 25th) and New Year's
Day (January 1st)fall on a Saturday or Sunday, those days will be paid
at the double time rate in addition to the normal monthly pay. The
observed District holiday shall be paid at time and one half in addition
to their normal monthly pay.
Employees who earn holiday compensatory time 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
will be automatically paid for any additional hours earned in excess of
the maximum. 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.
JURY DUTY
If an employee reports for jury duty, he/she may take the time off with
pay and may not receive juror pay from the court. Mileage allowances
and meal expense reimbursements shall be kept by the employee
under any circumstances.
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.
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Article IV—Leaves
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.).
PREGNANCY DISABILIT
For the purposes of the State Disability Insurance, Pregnancy
Disability Leave is effective the first date the employee is disabled.
The District will require verification from the employee's physician.
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 combination of time off for approved Pregnancy Disability Leave
and Family Medical Leave may not total more than seven months per
occasion. This requires approval of the Department Director.
SALARY CONTINUANCE PLAN
It shall be the general policy of the District to continue pay to an
employee under the Salary Continuance Plan when an employee
incurs a work-related injury or illness. This plan commences if the
employee qualifies for temporary disability payments from Worker's
Compensation for the disability and, if in the opinion of the District, the
disability is work-related. If the injury or illness is determined
legitimate, all of the employee's regular benefits will continue during
the time this plan is in effect.
The salary continuance will be equivalent to seventy (70%) percent of
gross compensation less any Worker's Compensation payments.
The maximum period for which this plan could be used by an
employee will be six (6) months or until a stable level of disability is
reached, whichever occurs first.
The District's policy for charging sick leave for work-incurred injuries or
illnesses 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 the 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
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Article IV—Leaves
leave account. Employees shall be allowed paid release time of up to
three (3) hours for work-related injury doctor and/or physical therapy
appointments which shall include thirty (30) minutes of drive time to
and from the appointment.
The first day of the three-day waiting period required by the State
Compensation Insurance Fund begins the day following the date on
which the injury or illness occurred. District Salary Continuance Plan
benefits shall begin on the same day as State Compensation benefits
commence. 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 waiting period.
SICK LEAVE
Current regular or probationary employees hired by the District prior to
May 1, 1985, earn fifteen (15) days sick leave per year. Regular or
probationary employees hired by the District after May 1, 1985, earn
twelve (12) days sick leave per year. Sick leave is to be used only in
case of real sickness, disability, medical, or dental care for the
employee, or up to ten (10) days annually may be used to attend to
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.
SICK LEAVE ACCUMULATION
Unused sick leave accumulates from one year to the next. There is no
maximum limitation. All unused accumulated sick leave at the time of
retirement is credited as longevity upon retirement.
SICK LEAVE INCENTIVE BENEFIT
For current regular or probationary employees hired by the District
prior to May 1, 1985, the District shall augment the regular sick leave
policy with an incentive benefit using a formula crediting eighty-five
(85%) percent of the employee's yearly-unused sick leave to an
accumulating account for that person. For regular or probationary
employees hired by the District after May 1, 1985, the following
schedule shall apply:
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Article IV—Leaves
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 & 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 of 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.
VACATION
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 appropriate supervisor, 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 are shown in the following tables:
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Article IV—Leaves
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
Use of Vacation Accumulation
All employees shall be afforded (1) one calendar year from the
anniversary date to use such extra vacation days to or below the
permitted maximum limits.
Accrual Credit
The extra days accrued due to service of over five (5) years are
credited to each employee's account on his/her anniversary date.
Employees are notified as they reach the maximum accrual limit.
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Article IV—Leaves
Termination
If an employee leaves the District for any reason, he/she will be paid
for any earned vacation time not used.
Payment of Accumulated Vacation Time
An employee may request a payment of the cash equivalent of
vacation accruals subject to the following:
A. Employee must make an irrevocable election before the end of
each calendar year to either(a) receive payment in the following
calendar year of the cash equivalent of all or a portion of the
vacation hours that will accrue during the following calendar year,
or(b)to accrue those vacation hours as paid vacation during the
following calendar year. Elections must be made every year and
will not carry over from one calendar year to the next. If an
employee fails to make an election, the employee will be deemed
to have irrevocably elected to accrue all of the vacation hours
earned in the following calendar year as paid time off.
B. The election must designate the number of vacation hours being
requested for payment. The payment cannot exceed the value of
the maximum vacation accruals based on the employee's years of
service in the year of payment up to a maximum of one hundred
sixty (160) hours. An employee may request cash payment of the
value of vacation hours the employee elected to convert to cash
compensation before the end of the previous calendar year at any
time during the current calendar year; provided, however, that no
cash payment for the value of vacation hours will be made unless
and until the vacation hours have been earned and accrued as
detailed in the above accrual schedule.
C. Vacation hours an employee elects to convert to cash
compensation in the following calendar year as described above
will be converted to cash compensation based on the employee's
hourly rate of pay in effect at the time of the payment request.
D. Note the following exception to the 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.
A. Cmp!Gy000 m Fequest payoff.,f v GatiE)R +imo
rc
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Article IV-Leaves
B. Employees must have either token ten (10) days of yaca+ien time
0thin the oalendar year of annlica+ien or have a red sUfficient
cation time+e take a nda+ery+en (10)days of yaca+ion +ime
off yNithin the calendar year of annlicatien
G. The Maximum number of dais which will he considered for
Payment in any one calendar year shall he twenty (20) days
D. The employee shall submit a letter of request fer payneRt of
accumulated vacation to his/her Department Director, which shall
incl ude the number of days nazi requested. The request will then
he submitted to the General Manager. If all of the conditions
specified abode are satisfied the request will he considered
E. Note the fr,l,�c-rv"GW'Rg-eXeepten to the aiabove—payment ee
aGGUrmulated ca+ien time above the m murnannual a al
shall OGGLIr automa+iGally en the a ry date o which the
time would he lest n sided that a nleyee has used at least
ten (10)vacation days during the last twelve (12) menths
The above policies do not apply to termination of employment or
retirement.
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Article V—Benefits
ARTICLE V—EMPLOYEE BENEFITS
401 (A)MONEY PURCHASE PLAN
The District contributes to each employee's 401(a) Money Purchase
Plan an amount equal to that which the District would otherwise
contribute to the Social Security system, but not including the
employee's contribution to Medicare or FICA. If, during the term of this
Memorandum of Understanding, the District is required by law to
participate in the Social Security system, the District will stop
contributing to the 401(a) Money Purchase Plan and will meet and
confer on the change.
CAFETERIA PLAN
The District shall contribute $220 per month for each employee to the
Cafeteria Plan. The employee may elect to take the full contribution in
cash.
DEFERRED COMPENSATION
The District offers a Deferred Compensation Plan to employees, who
may defer up to the amount allowed by law. Employee participation in
the Deferred Compensation Plan is voluntary.
DENTAL PLAN
The District shall provide a dental care program for all employees
covered under this Memorandum of Understanding. Delta Dental shall
be the dental plan provider.
DISABILITY PLA
The District shall provide a Long Term Disability program for all
employees covered under this Memorandum of Understanding. There
shall be a ninety-day waiting period.
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.
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Article V—Benefits
Continuation of this program is subject to Health Plan carrier
acceptance.
EDUCATION-TUITION REFUND POLICY
The District will reimburse employees (with the exception of those on a
Leave of Absence)desiring to further their education for the purpose
of improving their on-the-job performance. Approval will be given only
for courses within the scope of the employee's employment field and
District job responsibilities. 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 $2000 per Fiscal Year.
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. Failure to
request by March 15t" shall not preclude approval of an appropriate
request subject to acceptable budget.
EMPLOYEE ASSISTANCE PROGRAM
An Employee Assistance Program shall be provided MS/CG at District
cost.
HEALTH PLANS
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.
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.
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
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Article V—Benefits
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
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 vision benefits for all
employees and qualified eligible dependents.
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.
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Article V—Benefits
Tier II
Employees hired after May 1, 1985 but before April 19, 2003 shall 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.
Employees hired after April 18, 2003, who have reached age 55 and
have a minimum of ten (10)years of continuous service with the
District at the time of retirement, shall be covered by medical and
dental plans when they retire from District employment. 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 (50%) percent
of the cost to the District for the employee's medical and dental
coverage. Eligible employees shall be provided with reduced life
insurance ($10,000)when they retire from District employment.
Eligible employees' qualified dependents (as defined by the plan
provider)who were covered as dependents at the time of retirement
also shall be covered by medical and dental plans with the exception
that the District shall only pay for the full cost of an eligible
dependent's medical and dental plan premiums until the eligible
dependent's 65th birthday. At age 65, the eligible dependent shall pay
the District fifty percent(50%) of the cost to the District for the eligible
dependent's medical and dental coverage.
Tier III
Employees hired after June 30, 2009 shall be covered by 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%)of the
premium cost for the lowest cost medical plan for the retiree and
spouse. For Tier III employees hired on or after April 18, 2013, the
District shall only pay fifty (50%)of the premium cost for the lowest
cost dental plan for the retiree and spouse. Eligible employees'
qualified dependents (as defined by the plan provider) other than the
employee's spouse 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 coverage for
those dependents. Tier III retirees and dependents are ineligible for life
insurance.
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Article V—Benefits
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,
Tier II, and Tier III benefits as stated above. Dependents of retirees
under Tier III are not covered by the District's medical plan, unless the
retiree chooses to reimburse the District for the cost to cover the
dependent. 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.
The medical coverage for eligible retirees after age 65 will be
integrated with Medicare for all eligible retirees regardless of when
they were hired and eligible dependents upon their 65th birthday. If the
retiree's/dependent's health plan requires enrollment at age 65 in
Medicare Part B, the retiree and/or dependent shall be responsible for
paying for the Medicare premiums. For Tier I and Tier II, upon
submission of evidence of payment to Medicare, the District will
reimburse the retiree and/or dependent for the cost of the Medicare
premiums. For Tier III, the District shall not reimburse any Medicare
premiums. For all tiers, 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.
The program for dependents of a deceased employee shall provide for
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 HEALTH AND WELFARE BENEFITS UPON TRANSITION
TO CALPERS:
Retiree Benefits: Employees are eligible for retiree medical benefits
through CaIPERS 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 CaIPERS 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
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Article V—Benefits
coverage directly to CalPERS in accordance with CalPERS
requirements.
For those employees that are eligible for Tier I, ll, 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
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
CaIPERS, 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). 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 but before April 19, 2003
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, effective upon the ratification of the
MOU and the implementation of CaIPERS, 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).
Employees hired after April 18, 2003 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 they have reached a minimum age of 55 and have a
minimum of ten (10)years of continuous service.
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Article V—Benefits
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. At age 65, the District
will pay 50% of a retiree's eligible dependent's core medical, dental
and vision plan premiums. Eligible employees' qualified dependents
(as defined by the plan provider)who were covered as dependents at
the time of retirement also shall be covered by medical and dental
plans with the exception that the District shall only pay for the full cost
of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent
shall pay the District fifty percent(50%)of the cost to the District for
the eligible dependent's medical and dental coverage.
Tier III: Employees hired after June 30, 2009 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. 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. The District will also pay
50% of the core medical plan 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. 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.
"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. If the selected plan is less than
either of the core plans, employees shall not be reimbursed the
difference.
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Article V—Benefits
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
65t" 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.
Prior to January 1, 2019, the District shall convene a Labor
Management Committee comprised of members of both District
Management and representatives of Local#1 and MS/CG to develop
and finalize the plan design and to select a vendor to administer the
HRA.
MILEAGE REIMBURSEMENT
The District-wide mileage allowance for the use of personal vehicles
on District business shall be paid as allowed by the IRS without tax
consequences.
RETIREMENT
The District shall provide a retirement program for all employees
covered under this Memorandum of Understanding.
District employees who were members of the Retirement Association
on or prior to March 1, 1973, and who have vested thirty (30)years
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Article V—Benefits
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).
SAFETY EQUIPMENT
The District will provide safety glasses from a District-designated
supplier for those employees required to wear them.
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 (1) 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.
Safety shoes requiring replacement shall be turned in to the
employee's immediate supervisor who makes the appropriate
determination as to their replacement and notifies the respective
Division Manager and then the employee on how to proceed with shoe
replacement.
TERM LIFE INSURANCE PLAN
For current regular or probationary employees hired by the District
prior to May 1, 1985, the District shall provide a term life insurance
policy equal to two (2)times the employee's annual salary at Step E to
a maximum of$75,000. For regular or probationary employees hired
by the District after May 1, 1985, the District shall provide a term life
insurance policy equal to one (1)times the employee's annual salary
at Step E to a maximum of$75,000.
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Article VI—Recruitment and Classification
ARTICLE VI—RECRUITMENT AND •
APPOINTMENT OF RELATIVES
Members of the immediate family of elected or appointed officials shall
not be appointed to District employment.
Members of the immediate family of employees other than spouses
and registered domestic partners shall not be appointed to the same
division, nor shall be transferred, promoted, or demoted into the same
division, or be placed in a position as to evaluate a relative or be in the
same line of supervision.
Spouses and registered domestic partners shall not be appointed,
transferred, promoted or demoted into a position in which there would
be either(a) a direct supervisory relationship between the couple or
(b)where there would exist a significant and likely potential for
creating an adverse impact on supervision, safety, security, morale or
efficiency. If an existing District employee marries or enters into a
registered domestic partnership with another existing District
employee that would cause either(a)or(b). Under either of these
circumstances, the General Manager or designee shall either(1)
redefine the duties of the employees involved to avoid a supervisory
relationship or eliminate the significant and likely potential for creating
an adverse impact on supervision, safety, security, morale or
efficiency or(2)transfer one spouse/domestic partner to a similar
position. The District will provide notice to MS/CG and the opportunity
to comment prior to taking either of these two actions.
Immediate family members are defined as mother, father, brother,
sister, son, daughter, spouse, registered domestic partner, in-laws by
marriage or registered domestic partnership, and grandparents.
This provision shall apply to all types of employment status including
temporary employees.
FILLING OF VACANT POSITIONS
When an opening occurs for a position that is not included in the
Personnel Advancement Policy, employees may compete on an
open/promotional basis. Employees must meet the minimum
qualifications to proceed through the recruitment and testing process.
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Article VI—Recruitment and Classification
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. A District manager or his/her designated representative
will interview all candidates, in rank order, on the eligible 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
Management Support/Confidential Group of this occurrence, and the
parties agree to meet and confer.
LATERAL TRANSFERS
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 his/her
designated representatives when a vacancy exists and will be
considered prior to any other recruitment activity.
PROBATIONARY PERIOD
The probationary period for members of Management
Support/Confidential Group who are reclassified for any reason is six
months.
RECLASSIFICATION REQUESTS
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. If an employee has
reason to believe that his/her 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. Upon receipt of the request, 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
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Article VI—Recruitment and Classification
submitted to the Board of Directors for consideration. However, if the
recommendation is that further information is needed or the
reclassification is not clearly justified, the Human Resources Manager
will set up a three to five member panel comprised of management
team members to consider the reclassification request. The employee
shall be able to make a written and verbal justification to the panel. A
consultant, specializing in classification studies shall be retained to
evaluate the reclassification request and advise the panel. The panel
shall be overseen by the Human Resources Manager. If the
determination of the panel is that reclassification is inappropriate, that
determination shall be final and not subject to grievance. If the
recommendation of the panel is that reclassification is appropriate,
then that recommendation shall be submitted to the Board of Directors
for consideration.
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Article VII—Employee/Employer Relations
EMPLOYEE • RELATIONS
DISCIPLINARY PROCEDURE
The District and MS/CG agree to follow the disciplinary procedures as
stated in the Local One Memorandum of Understanding unless the
parties agree to other procedures as determined on a case-by-case
basis.
A.1. Disciplinary Action:
a. General
The District's disciplinary procedure is intended to advise the
employee of less than satisfactory behavior or actions on the
job, and it is intended to be used as a corrective measure for
improvement. The District shall use progressive steps in the
disciplinary procedure as follows: verbal warnings with
discussion records, written reprimands, suspension, and
reduction in rank and/or pay. Notwithstanding the above, the
disciplinary measures shall be commensurate with the offense
or the continuation of offenses, 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. See Article VII, Substance Abuse.
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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
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 VII.
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 in writing within thirty
(30)days of the discovery of the incident that discipline may
result due to the incident. The parties may agree to extend the
time to provide such notice.
All records of discipline shall remain a part of the employee's
personnel file for a period of three years, assuming no
continuation of a similar offense. All disciplinary records which
are removed from the employee's personnel file after three
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years shall be maintained in a separate file by the District
Human Resources Manager to be used only in matters
involving discrimination, litigation complaints or charges, and
grievances alleging disparate treatment.
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 (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.
A.2. Dismissal of an Employee
a. General
During his/her probationary period, an employee may be
dismissed without cause by the Board, the General Manager,
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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 VII,
Section A.1.b. (1-14), or continued behavior as specified in
Article VII, after an evaluation or corrective action plan has
failed to produce an improvement in the workers'
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 VII.
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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 five (5)working days prior to the effective
date. This notice shall be prepared by the employee's
Department Director after consultation with the Human
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 exchange 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 VI I, Section A.1.c.,
Written Notice.
4. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
A.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 such decision, and then the General Manager shall
schedule a fair and impartial hearing. The General Manager
shall appoint the Director of Finance and Administration to act
as the Hearing Officer or, if it has been determined that a
conflict of interest exists, or in his absence, another
Department Director may be appointed. In either case, said
hearing shall be scheduled within thirty(30)working days. At
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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.
A.4.Appeal
a. General
An employee, except at provided in Sections 4-410, 4-411, 4-
412, and 4-415 in Chapter Four of the District 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 A Representative to Hear Appeal
The Board shall employ a neutral third party to hear the
appeal and to recommend action to the Board. Except in
cases where MS/CG is not involved in the appeal, the cost of
the hearing shall be shared equally between the District and
MS/CG, including the fees of the neutral third party and a
court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
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.Driver's License Requirements
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Employees required by their classification to possess a valid Class A,
B, or C driver's license must report the suspension or revocation of the
driver's license to Human Resources within 24 hours of a conviction or
the next working day.
In positions where possession of a valid California driver's license is
mandatory, the revocation or suspension of that employee's license
may result in disciplinary action up to and including suspension,
demotion, or termination.
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. Parking
tickets are excepted.
GRIEVANCE PROCEDURE
It shall be the policy of the District and the MS/CG 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.
The grievant may elect, in writing, to represent himself/herself rather
than have the MS/CG provide representation. If the grievant elects to
represent himself/herself at this step, or at any later step, the MS/CG
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.
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.
Matters Not Subject to Grievance
The District's policies, rules, and regulations as such; a rating as given
in an Employee Performance Appraisal; the Disciplinary and
Termination Actions as outlined in the District's Discipline Policy and
Procedures; classification; and contractual changes in health plans
initiated by and at the sole discretion of the health plan providers.
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Procedure
Step One: The grievant shall, within fifteen (15)working days,
from when the employee knew 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 representatives 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 and
when it was allegedly violated and (c)the requested remedy.
A grievance meeting will not be denied solely based on the
remedy requested. A meeting shall be arranged by the
Department Director within five (5)working days of receipt of
the written grievance. The grievance shall be discussed with
the grievant and pertinent facts brought to light. The
Department Director shall respond, in writing, within fifteen
(15)working days after the final meeting rendering the
decision.
Failure of the grievant to take further action within five (5)
working days after receipt of the decision will constitute
withdrawal of the grievance.
Step Three: In the event such differences are not settled at
Step Two and the grievant desires the grievance to be
considered further, it shall be presented, in writing, within five
(5)working days to the General Manager or his designated
representative who will discuss the grievance with the
grievant, his representative or representatives, and with other
appropriate persons within ten (10) 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
concerning the grievance. A record may be maintained of
information presented. The General Manager shall render a
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decision, in writing, to the grievant within twenty (20)working
days after hearing the grievance.
Failure of the grievant to take further action within ten (10)
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 Board
within five (5)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 may employ a neutral third party to hear the matter
and recommend action to the Board. 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.
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 decision 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 agreements, in writing.
The cost of the grievance arbitration shall be shared equally between
the District and the MS/CG, including the fees of the neutral third
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party,
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a court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
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.
Employee-Processed Grievance
An employee covered by this Agreement may present a grievance
directly and have such grievance adjusted without intervention of the
MS/CG as long as the adjustment is not inconsistent with the terms of
this Agreement.
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
MS/CG, 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.
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.
Separate Grievance File
All materials concerning an employee's grievance shall be kept in a file
separate from the employee's personnel file, which file 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.
LAYOFF
If the Board of Directors deems layoffs to be necessary, they will be
done in accordance with the layoff provisions in the District Ordinance
Code, Chapter 4. The District agrees to meet and confer with the
Management Support/Confidential Group on the effects of such layoff.
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PERSONAL AND DISTRICT PROPERTY
The District discourages the use or display of personal property not
required to perform an employee's job by an employee at work.
The storage, carrying, or use of firearms or other lethal weapons on
District property is strictly prohibited.
Most employees required to wear uniforms during working hours are
provided lockers by the District. Lockers are District property and may
be searched by management at any time without advance notice. If a
locker is to be inspected, and the employee is on the job-site, the
employee will be allowed to be present when the locker is inspected.
The District will be responsible for replacing damaged locks.
Any and all electronically-produced documents, including faxes, e-mail
or other forms of electronic communication, which are maintained,
kept, received or transmitted on District property are not confidential,
and are subject to disclosure and review at any time. Any matters
generated or received on District computers, and any documents
duplicated on District copiers or other equipment, also are subject to
search at any time whenever there is a reasonable justification for
search.
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 or
work-related problems. In cases where an employee's alcohol or
controlled substances leads to disciplinary or work-related problems,
the District agrees to discuss and, in its sole discretion, consider
holding proposed disciplinary action in abeyance and referring the
employee to appropriate counseling or treatment. The District further
agrees that the employee will not be dismissed for the conduct that led
to his or her referral to treatment or counseling while actively and
successfully participating in such treatment or counseling programs,
subject to his/her compliance with District and departmental rules and
maintenance of acceptable job performance. However, an employee
who fails to successfully complete treatment or counseling or who
subsequently suffers a relapse shall be subject to disciplinary action.
An employee may have proposed disciplinary action held in abeyance
to participate in treatment or counseling only once during his or her
employment.
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Concluding Provisions
CONCLUDING -• •
PAST 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 is not a part of this Agreement, the District
agrees to meet and confer before taking such action.
SIDE AGREEMENTS
Except as otherwise specifically provided herein, this MOU fully and
completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein, provided that
nothing herein shall prohibit the parties from changing the terms of this
MOU by mutual agreement. Any past side letters or any other
agreements, excluding settlement agreements, that are not
incorporated into or attached to this MOU are deemed expired upon
approval of this MOU by the Board of Directors.
SAVINGS UIL.
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.
TERM
This Memorandum of Understanding shall remain in full force and
effect from December 18, 2017 throu h A ril 17, 2022.
SIGNATURES TO AGREEMENT
Entered into this 1st day of November, 2018, subject to the approval of
the respective parties.
CENTRALCONTRA COSTA SANITARY DISTRICT
Bruce Heid
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Ann Sasaki
Phil Leiber
Teji O'Malley
CENTRALCONTRA COSTA SANITARY DISTRICT
MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
Jim Bickert
Tim Potter
Paul Kelly
Roy Manes
Nancy Molina
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INDEX
Administrative Leave..................................................................... 10
Alternative Work Schedules............................................................... 9
Appointment of Relatives................................................................. 27
CafeteriaPlan................................................................................ 18
Class A/Class B Drivers License........................................................ 6
Continuance of Benefit Plan............................................................. 20
. Miscellaneous......................................................................... 22
• Tier I ....................................................................................... 20
• Tier 11 ...................................................................................... 21
. Tier III ..................................................................................... 21
Court Appearances .......................................................................... 10
Deathin Family.............................................................................. 10
Deferred Compensation Plan........................................................... 18
DentalPlan....................................................................................... 18
Disciplinary Procedures ................................................................... 30
Disability Plan................................................................................... 18
Driver's License Requirements........................................................ 36
Dual Health Coverage...................................................................... 18
Dues................................................................................................... 3
Education-Tuition Refund Policy.................................................... 19
Employee Assistance Program........................................................ 19
EmployeeBenefits ........................................................................... 18
• Cafeteria Plan......................................................................... 18
• Continuance of Benefit Plan................................................... 20
oTier I................................................................................. 20
oTier II................................................................................ 21
oTier III............................................................................... 21
• Dental Plan............................................................................. 18
• Disability Plan......................................................................... 18
. Dual Health Coverage............................................................ 18
• Education-Tuition Refund Policy............................................ 19
• 401(A) Money Purchase Plan ................................................ 18
• Deferred Compensation Plan................................................. 18
. Health Plans........................................................................... 19
• Mileage Reimbursement ........................................................ 25
• Professional Registration ......................................................... 6
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. Retirement.............................................................................. 25
• Safety Equipment................................................................... 26
• Salary Continuance Plan........................................................ 13
• Term Life Insurance ............................................................... 26
• Transition to CALPERS Health ............................................. 19
Family and Medical Leave............................................................. 11
Filling of Vacant Positions................................................................ 27
General Increases........................................................................... 4
Grievance Procedure ....................................................................... 36
• Employee-Processed Grievance............................................ 39
• Grievance Processing During Regular Work Hours............... 39
. Grievance Witnesses ............................................................. 39
• Group Grievances .................................................................. 39
• Matters Not Subject to Grievance .......................................... 36
• Matters Subject to Grievance................................................. 36
• Miscellaneous Provisions....................................................... 38
• Procedure............................................................................... 37
oStep One.......................................................................... 37
oStep Two.......................................................................... 37
oStep Three....................................................................... 37
oStep Four......................................................................... 38
• Separate Grievance File......................................................... 39
HealthPlans .................................................................................. 19
Holidays............................................................................................ 11
. Holiday Compensation ........................................................... 12
. Holiday Schedule.................................................................... 11
• Weekend-Designated Holidays.............................................. 11
JuryDuty........................................................................................ 12
Lateral Transfers............................................................................ 28
Layoff................................................................................................ 39
Leave of Absence Without Pay........................................................ 12
Leaves.............................................................................................. 10
• Administrative Leave.............................................................. 10
. Court Appearances ................................................................ 10
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. Death in Family....................................................................... 10
• Family and Medical Leave...................................................... 11
. Jury Duty ................................................................................ 12
• Leave of Absence Without Pay.............................................. 12
• Military Leave ......................................................................... 13
. Pregnancy Disability............................................................... 13
• Salary Continuance Plan........................................................ 13
• Sick Leave.............................................................................. 14
• Sick leave Accumulation ........................................................ 14
• Sick Leave Incentive .............................................................. 15
• Vacation.................................................................................. 15
Longevity Compensation.................................................................... 4
Matters Not Subject to Grievance................................................. 36
Matters Subject to Grievance........................................................... 36
MealAllowance.................................................................................. 4
Merit Increases................................................................................... 5
Miscellaneous Provisions................................................................. 38
Mileage Reimbursement.................................................................. 25
MilitaryLeave................................................................................... 13
Minimum Call Back Pay..................................................................... 5
Money Purchase Plan 401(a)........................................................... 18
Night Shift Differential...................................................................... 7
Nondiscrimination............................................................................... 2
Out-of-Class Pay............................................................................. 5
Overtime Accumulation...................................................................... 5
PastPractices................................................................................ 41
Pay..................................................................................................... 4
. Minimum Call Back Pay ........................................................... 5
. Out-of-Class Pay...................................................................... 5
. Paycheck Distribution............................................................... 6
. Terminal Compensation ........................................................... 7
. Uniform Pay Periods ................................................................ 8
. Upon promotion........................................................................ 6
Payroll Deduction of Dues.................................................................. 3
Personal and District Property.........................................................40
Preamble............................................................................................ 1
PregnancyDisability......................................................................... 13
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Probationary Period Upon Reclassification...................................... 28
Procedure (Grievance)..................................................................... 37
• Step One ................................................................................ 37
• Step Two ................................................................................ 37
• Step Three.............................................................................. 37
• Step Four................................................................................ 38
Professional Registration ................................................................... 6
Reclassification.............................................................................. 28
• Reclassification Request........................................................ 28
• Probationary Period................................................................ 28
Recognition and Coverage................................................................. 1
Recruitment and Classification......................................................... 27
• Appointment of Relatives ....................................................... 27
• Filling of Vacant Positions ...................................................... 27
• Lateral Transfers .................................................................... 28
ReducedWork Week......................................................................... 9
Registration or Certification Differential ............................................. 6
Relief Operator Differential................................................................. 7
Retirement........................................................................................ 25
Rights .............................................................................................. 1
SafetyEquipment .......................................................................... 26
Salary Continuance Plan.................................................................. 13
Savings ............................................................................................ 41
Shift Differentials................................................................................ 7
• Night Shift Differential............................................................... 7
• Swing Shift Differential ............................................................. 7
• Relief Operator Differential....................................................... 7
SickLeave........................................................................................ 14
Sick Leave Accumulation................................................................. 14
Sick Leave Incentive ........................................................................ 15
Signatures to Agreement ................................................................. 42
Substance Abuse............................................................................. 40
Swing Shift Differential....................................................................... 7
Term ............................................................................................ 41
Term Life Insurance Plan................................................................. 26
Vacant Positions, Filling of............................................................. 27
Vacation ........................................................................................... 15
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. Accrual Credit......................................................................... 16
. Earnings ................................................................................. 16
• Payment of Accumulated Vacation Time ............................... 17
• Termination............................................................................. 17
• Use of Vacation Accumulation ............................................... 16
Vision................................................................................................ 20
Weekend Designated Holidays..................................................... 11
WorkHours ........................................................................................ 9
• Alternative Work Schedules..................................................... 9
. Reduced Work Week ............................................................... 9
. Work Week............................................................................... 9
WorkWeek......................................................................................... 9
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Notes
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Notes
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