HomeMy WebLinkAbout12.a. General Manager Written Announcements Page 1 of 113
Item 12.a.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
November 3, 2022
TO: HONORABLE BOARD OF DIRECTORS
FROM: ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: ANNOUNCEMENTS - NOVEMBER 3, 2022
Attached are the announcements for the above meeting.
ATTACHMENTS:
1. General Manager Written Announcements
2. MS/CG MOU (strike-out version)
3. MS/CG MOU (final version)
4. Energy Usage - September 2022
November 3, 2022 Regular Board Meeting Agenda Packet- Page 120 of 245
Page 2 of 113
Attachment 1
Board Meeting of November 3, 2022
General Manager Written Announcements
HUMAN RESOURCES
1) Central San Welcomes New Maintenance Crew Member Paul Barros
Paul Barros joined the Collection System Operations (CSO) group on October 17 as a
Maintenance Crew Member. He worked for the Hayward Unified School District for eight
years in the maintenance division. Paul was excited to have been selected to join
Central San as he considers the District to be an industry leader that provides great
opportunities for its staff. He also looks forward to building a long career with the District.
Paul resides locally in Martinez with his wife and four children.
2) Central San Welcomes New Vehicle and Equipment Mechanic Deion Gonsalves
On October 17, the CSO Division also welcomed Deion Gonsalves, as a Vehicle and
Equipment Mechanic for Fleet Services. Deion has over 18 years of experience as a fleet
mechanic in the water/wastewater industry. He came to Central San from Contra Costa
Water District and before that, he worked for the Contra Costa County Fleet Services.
Deion enjoys camping and is a collector of classic cars. He lives in Concord with his wife
and two kids. The Fleet Services team is excited to have Deion and believes he will be a
valuable asset to the team.
3) Central San Welcomes New Electrical Technician Christopher Coward
Christopher Coward joined the District on October 24 from the PBF Oil Refinery (formerly
Shell Oil) in Martinez where he a Senior Electrical Mechanic for the last eight years. His
duties included repairing and maintaining a vast array of industrial electrical equipment
throughout the facility. Prior to PBF, Chris worked as a journeyman inside wireman out of
the IBEW Local 302 in Martinez performing electrical installations at jobsites throughout
the county. The Electric Shop is pleased to have him as part of their crew and believes he
will be a great asset to Central San for many years to come.
4) Memorandum of Understanding Finalized for Management Support and
Confidential Group (MS/CG) Employees
At the October 7, 2021 meeting, the Board of Directors approved a tentative agreement with
MS/CG employees. Provided as Attachment 2, the Memorandum of Understanding (MOU)
has been finalized which incorporates the terms of the tentative agreement as well as other
outdated items or items that were no longer applicable, shown as a tracked-change version.
Attachment 3 provides the final MOU for the April 18, 2022 through April 17, 2027 agreement
period. This concludes the bargaining agreement process for this particular employee group.
November 3, 2022 Regular Board Meeting Agenda Packet- Page 121 of 245
Page 3 of 113
Written Announcements
November 3, 2022
Page 2 of 4
ENERGY CONSUMPTION
5) Third Quarter Update on Central San's Energy Usage
Central San actively tracks greenhouse (GHG) emissions to optimize the use of energy at
its facilities in the most cost-effective and environmentally responsible manner.
Attachment 4 provide an energy dashboard that contains a breakdown of Central San's
energy usage for the month of September 2022 along with a comparison of the energy
used during the third quarter of the calendar year. The chart shows the cost breakdown of
Pacific Gas and Electric (PG&E) and Marin Clean Energy (MCE) electricity.
PROJECT UPDATES
6) Update on Household Hazardous Waste (HHW) Program Grant Application for
Marine Flare Collection
On July 21, 2022, the Board of Directors adopted Resolution No. 2022-039 authorizing a
grant application to the California Department of Resource Recycling and Recovery
(Cal Recycle) enabling the HHW Program to collect marine flares through special
collection events. Unfortunately, funding for Grant Cycle HD-39 was oversubscribed,
causing Cal Recycle to hold a lottery selection process where Central San was not
selected. Central San may apply for the grant next year.
7) Public Bidding of Pump Station Upgrades, Phase 2113, District Project 100042
The Pump Station Upgrades, Phase 2B Project will replace major mechanical, electrical,
and instrumentation or controls equipment at the Martinez Pump Station. The Project is
aimed to address infrastructure needs, equipment and system reliability, and improve
electrical safety. Most of the work involves replacing the wet weather pumps and
electrical switchgear, including upgrading the PG&E service entrance for electrical safety
and maintenance accessibility.
This Project will be advertised on November 28 and December 5, 2022 with a bid opening
in January 2023. The Engineer's estimate for construction is $10 million. More information
will be presented when the Board is asked to consider the award of the construction
contract by March of 2023.
November 3, 2022 Regular Board Meeting Agenda Packet- Page 122 of 245
Page 4 of 113
Written Announcements
November 3, 2022
Page 3 of 4
OUT-OF-STATE CONFERENCES
8) Staff to Attend 36th International Maintenance Conference (IMC 2022) in
Marco Island, Florida - December 5-8, 2022
The IMC 2022 is a premier industry conference with reliability and asset management
professionals from the world's best-run companies. The IMC 2022 is co-located with the
Reliability 4.0 Digital Transformation Conference which allows attendees to learn about
the latest in technology, such as artificial intelligence, machine learning, and new digital
transformation approaches to reliability and asset management. The technical sessions
include topics such as:
■ Data governance and management
■ Asset condition monitoring
■ Predictive analytics
■ ISO 55000 Asset Management and ISO 31000 Risk Management
■ Root cause analysis
■ Maintenance, repair, and operations (MRO) spares management
■ Competency based learning
■ Reliability center maintenance and design
■ Digital twins
■ Failure modes and effects
Neil Meyer and Nitin Goel are speaking on Asset Management: Connecting Stakeholders
for Better Tomorrow. Mr. Meyer and his team will also be receiving the Uptime Award for
"Best Work Execution Management Program" from Uptime Magazine. Central San has
six complimentary registrations for the event; two for speaking at the event, two for
winning the Uptime Award, and two for members of the Reliability Leadership Institute
(RLI) community.
Attendees include:
• Neil Meyer, Plant Maintenance Division Manager
• Jon Nicolaus, Maintenance Superintendent
• Bernard Martinez, Lead Mechanic
• Kenny Rosenstiel, Lead Mechanic
• Clint Shima, Senior Engineer
• Nitin Goel, Senior Engineer
Staff participation at this conference is included in the Fiscal Year 2022-23 Technical
Training, Conferences, and Meetings budget.
November 3, 2022 Regular Board Meeting Agenda Packet- Page 123 of 245
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Written Announcements
November 3, 2022
Page 4 of 4
9) Staff to Attend Cityworks Innovate Conference in Salt Lake City, Utah -
December 6-9, 2022
Special Projects and Asset Management Group GIS Analyst, Ian Morales and
Engineering Assistant III, Mike Matthews will be attending the Cityworks Innovate
Conference in Salt Lake City, Utah from December 6 — 9, 2022. The District uses
Cityworks, a GIS-centric software for its Computerized Maintenance Management System
to manage service requests, work orders, inspections and maintenance programs. The
conference provides various insights into the latest trends of GIS and Asset Management,
such as Utility Network model and 3D mapping, providing real-world visualization and
ability for advanced analytics, to manage operations, improve customer service, make
informed decisions, and how these can be leveraged in Cityworks. Sessions will cover the
newer module of Respond and staff will be able to learn migration options, discuss gaps
and workflows and apply them to further the District's Asset Management journey.
Mr. Morales and Mr. Matthews' attendance at this conference is included in the Fiscal
Year 2022-23 Planning and Development Services Division Conference and Training
Budget.
November 3, 2022 Regular Board Meeting Agenda Packet- Page 124 of 245
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Attachment 2
MEMORANDUM
Of
UNDERSTANDING
6etzveen
t6ie
Central Contra Costa
Sanitary District
and-tie
Management Support/
Confidential Group
Ag!jLDeeeFnber 18, 202217
through
April 17, 202
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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
Meal Allowance......................................................................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 CALIPERS 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
LateralTransfers..................................................................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
iii
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Preamble
RECOGNITION AND COVERAGE
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 II-Pay
ARTICLE 11-PAY
GENERAL INCREASES
EffGGtive August 18, 2018 ernpleyees' wages shall be adj ustE h
3.751%. Effective April 18, 2022 , April 18, 20230, aPA-April 18,
20244, April 18, 2025, and April 18, 2026 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. Effective April 18, 2022, If the applicable CPI is less
than 2%, than the salary increase will be 2%. If the applicable CPI is
greater than 535%, than the salary increase will be 535%.
Effective April 18, 2023, April 18, 2024, April 18, 2025, and April 18,
2026, if the applicable CPI is less than 2%, then the salary increase
will be 2%. If the applicable CPI is greater than 3.75%, then the salary
increase will be 3.75%.
The payment of the first wage inGrease honk to August 18 2018 shall
only apply teemployees still a nleyed of the time the Board a
pprov
this MQ I and shall net im ast a Distrinf obligation with r est to
MnGentivepays, OPeFtm Gash_e�its 1, other types Gf GempeRsatien.
ether than wage already nyided by the Distrint n r tri Beard
appreval.
LONGEVITY COMPENSATION -
Longevity Pay
A two and one-half(2'/z%) 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.
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Article II—Pay
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
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
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Article II-Pay
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.
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee every
other Friday. en the last regular L �.iar District ,,long day of o nh r ntl
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
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Article II—Pay
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 $42.50
75.00 per pay periodmenth. The $42.50 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 $42.50 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 '/z%) 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.
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Article II—Pay
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.
UNIFORM PAY PERIODS
Employees shall be paid based on a biweekly pay period. frorn the
118th to 117th of oanh m nth
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Article III—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 WORK WEER
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 LEAVEIF
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 b the Distri^+ prior to
May vT, earn fifteendays r.:ri leaveyear.-Regular-v
prebationary employees hired by he-District-after May 1, 1-985, 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. PFeba+i^^^r., employees ^ eligible
to use earned soak leave as required.
SICK LEAVE ACCUMULATION
Unused sick leave accumulates from one year to the next. There is no
maximum limitation. All unused ^ hated SiGk leave at the time of
r^+ir^meRt is redited as longevity upen r^+ir^m^^+
OW
PAYMENT OF ACCUMULATED SICK LEAVE Cl/ 1!I GA\/G INCENTIVE QGhIGGIT
prior+^ May 1 85 District shall augment the Ilan k I
Pr'v'-cv-'� v`�, shall r'-aug'"�'acrra a'-".-rc'ga1u�uicr�-reams c
P014GY with an inGentive benefit using ^ formula ^regi+inn eighty five
(859%) ^ ent of the employee's yearly unused oink leave to an
aGGUmulating aGGOunt for that peFSOR. For regular or probationary
empleyees hired by the mstriGt after May 1, the following
schedule shall apply for any payment of accumulated sick leave:
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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, Aany cash out of sick leave accruals shall
be deducted from an employee's sick leave accrual bank at time of
retirement. Any remaining balance shall be reported to Contra Costa
County Employees' Retirement Association (CCCERA) as retirement
service credit.
The parties' intent in negotiating this provision in 2017 was
to eliminate the employees' ability to cash-out a portion of
their sick leave balance and also receive service credit for
these same hours.
Current Internal Revenue Service (IRS) regulations
regarding Cash or Deferred Arrangements (CODA) do not
allow an employee the option to choose between a cash-
out payment or apply all of their sick leave balances to
service credit. The MOU language as drafted above is
consistent with current IRS regulations to the extent
individual employees are not provided a choice of how
much sick leave would be subject to cash out.
However, the parties both believe that employees should
have the ability to choose how to use their sick leave
balances at the time of retirement, as long as it is
consistent with IRS CODA requirements and CCCERA
regulations and guidelines. Thus, should the IRS or
CCCERA regulations or guidelines change to allow for this
choice, the District agrees to meet and confer within 30
days of the changed law to discuss how to implement the
potential change(s).
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Article IV—Leaves
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. Currentregularor probatiORary employees 'hired the DTiStriC+
prior+o May 1985 + (10) hours ofya +ien p enth
privrcv�vra�r— vTeBiTrc@N,rvTrrvm��rvcrCt�
worked plus additional all., ante 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 30Days
10 Years16 Days32 :
— 15. -ars 17 Days 34Days
15 20 Years 20 Days 40Days
20 25 Years 25 Days 50 Days
25 30 Years 30Days60 naps
30 &Over 35 Days 70 Days
9—Regular or probationary employees hoped by the niS+riGt af+er
May 1, 1 , 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
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Article IV—Leaves
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.
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
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Article IV—Leaves
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
EMPLOYEE
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 effeGti e the first full n peried
will receive a District
contribution to the Section 401(a) plan in the amount of$400 per
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Article V—Benefits
month. 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 151h 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 ees hired b the
Dis+riGt shall hepyided with a sheiG of throe health plans These
plans a Kaiser Health Net HMO and Health Net DD(l The prerniurn
res+of the plans shall he kerne by the D'Strin+ Hewever, a pleyees
whe seleGt the PPO plan shall pay+hreu gh payroll rted Gtien the
differenGe in premiums between the PPO plan and the highest.west
Hoon 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 +.. P`A1 DCGC Wealth- ID,1ring the term .,f+his IN401 I the
DiStFiat will he+ransi+ieping +p (`AI DCDC Heal+hGare under the
I Ineq ualIPEIVICHA (P bliG Employees' MediGal and Hospital Care A-tl
t i �stong 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"-Effo,.+i„e UPE)R the imple en+a+ien .,f GaIPERS. 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
which provides a continued degree of responsibility to the employee
upon retirement and to the dependents of a deceased employee.
Twer 1
€fespleyeeshired by D+StriGt n r+„ May 1 1905 Shall beGeve
ro�
by mediGal dental, and red reed life insuranGe plans (ene_half of the
life insuranGe preyided at time of retirement fer empleyees hired
befere M11 1985)wheR theyretire#rem DiStFiGt empleymeR
provided that they meet the "R,ale f FG " nderthe "RLile f 65"
zrr�r-curt-or-v� uu--mgr-cu*c-vry �'-rnT
employee's age plus years of sep ire v.i+h the Dis+riGt at the time of
retirement must total 65 with a monimum reqUOMM8Rt that the
eTpiA}ve must he at I<ea:r uge 50 and have-?r+�least zten (1 0)years-of
continuous service with the District at the time of retirement. Eligible
employees' qualifieddefined dependents (as efined by the plan provider) r.ho
ywere Geverecd as rdepeR dents at the time of retirement aloe shall he
reverend by merdinad and dental plans
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Article V-Benefits
Tiler 11
Empleyees hied after May 1, 1985 but before April 19, 2003 shallbe
oeVered by rRedieal anrd 'den+al plans whop they retire from clic+rip+
e'''''prrprvy'n eRt provided provided +hoz' +arcrrc+heymeet the "R---Ip- ^vrf vy.' URdervcrthe "R-
of 65" a employee's a plus years of service with the District at the
time of retirement must total 65 with a minimum requirement that+ho
employee must be at least age 50 and have at least ten !10\years-of
reptipU G is serviGe with the District at the time of retirement
€fepleyeeshired--after April 18, 2003, •ihe have r ehed a eGia
have a minimum of tep (10)years of eeptiR UeUs seFViee with the
B-istFiGt at the time of retirement, shall he a reit by medical anrt
dental plans when they retire from Dis+rio+employment. The District
shall enly pay fer the f JI oust of an eligible retired employee's medical
and 'dental plan premiums .n+il the retired employee's 65th birthdayA+
age 65, the retired employee shall p the Elis+riot fifty (50%) PeFG en+
of the cost+o the 'lis+riot for the a pleyee's medical anrd ries+al
coverage. Eligible employees shall be provided with reduced lrife
ins e ($10,000)when they retire from District employment.
Eligible employees' qualified dependents !as 'defined by the plan
pre�iirterl whe were Gevered as dependents at the time of retirement
also shall hen reit by medical and dental plans with the a ptiep
that the District shall enly pay fer the full Gest of a eligible
depenrtept's medical anrt deptal plan PFeMiUMS .n+il the eligible
depenrtept's 65th birthday. Ata a 65, the eligible dependent shall pay
It
the is+riot fifty p s/en+ /Fnl of the es++e the Dis+riot for the eligible
depen'dent's mediGal anrd 'dental o
Tmer 11'
Employees hired after I e 30, Unna shall he covered b medical and
dental plans when they retire from District employment provided +ha+
they eet the Rule of�,70 Undae,the "Rule of 70 an employee's age
plus years of seFViee with the District at the time of retirement mus
tetal 70 with a minimum requirement that the a pleyee must he at
least age 55 and have at least ten !10\years of nento..
with the IlistriG+ at the time of retirement Cer these a pleyees hirer)
en oar after june 30 2000 the Itis+riGt shall enly pay fifty(50%) of+he
premu Um next fer the lewes+nest merdieal plan fer the retiree anrd
spouse Cer Tier III employees hirer) o er after April 152 7013, the
District shall only pay fifty /Fns/1 of the os+for the loves
Ens+'dental plan fer the retiree-aRa-spouse Eligible employees'
qualified alifierd dependents !as defined by the plan provider) other than the
employee's spouse who.nere coverecd as dependents at the time of
retirement also shall he covered by medical and dental plans with the
eXGeptien that the plea ee shall p the f UII nest of eev erage fpr
these dependents. Tier III retirees and dependents a ineligible fer life
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Page 33 of 113
Article V-Benefits
Miscellaneous
At the tomo of an eligible a pleyee's retirement all qualified
dependents /as defined by the plan pyider\wh., already were
depeRdents At tf}etime A-fTetiremeRt shall nnn+ins a to hon red by
the lustros+'o medical and .cental plans on accordanoe with the Tier I
�T--me II, Rd Tier III henefi+sas opted aheye Pependen+o of retirees�
nderTier III a n+n red by the lustros+'o rnedioal plane nless+he
o a
retiree oheeses to reimburse the Diotriot for the root ton r the
dependent The lustros+shall have p ehlioa+ion top y for GGyeraoe
form a +hap tWe_party /retiree plus e\ n e fora Rew and
d'#ereRt depeRdent added after the .tate of retirement a
The med'Gal o e fer eligible retirees after age 65 will he
0 ntegrated with Medinare fer all eligible retirees regardless of when
they were hirer) and eligible dependents U n their 65th birthday. If+he
retiree's/dependent's health plan requiFes rellment ata a 65 in
Medicare Part R the retiree and/or dependent shall heresponsible fer
paying for the Medicare premiums. For Tier 1 and Tier II
, upon
suhm'o of evidence of payment to Med'G a the District will
reimburse the retiree andlor dependent for the root of the Medioare
premiums. For Tier III the Diotriot shall not r mho arse any Medioare
premiums. For all tiers the Ilio+rip+will not heresponsible for a
penalties o inGreased Geoto in the Medinare premium oheuld the
empleyee and/er eligible dependent not a rell in Medioare d giro the
enrellmen+ p Gd o ndinn his/her 65th birthday
programThe fer dependentS G-f-A Qeceased empleyee shall p vide fer
health and rlen+al benefits for the length of that a pleyee's +etal
ser�i'e ni'+h the District /'n other than temporary status), n+'I such
e.time that the cs OF URtil o .t
oh time that the depenento
ne lenger qualifyfi+
fer heneo a stated by the Diotriot'o polioieo
RETIREE HEALTH AND WELFARE BENEFITS UPON TRANSITION
TO CALPERS--.
Retiree Benefits: Employees are eligible for retiree medical benefits
through CalPERS provided that they retire from the District within 120
days of separation from the District and begin receiving a retirement
allowance from the Contra Costa County Employee's Retirement
Association.
For employees who do not meet the eligibility requirements as outlined
in Tier II and Tier III Retiree Health Benefits Tier ' 11 and 111, the
District will only pay the minimum employer contribution that CalPERS
requires toward medical coverage upon retirement from the District.
The District will pay the CalPERS minimum required contribution
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Page 34 of 113
Article V-Benefits
amount toward a retiree's health care coverage directly to CalPERS in
accordance with CalPERS requirements.
For those employees that are eligible for Tier II or Tier III retiree health
r-I Tier ISI; 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 1: Employees hired by the Dfstriet PFieF#„ May 1, 1985 will be
severed by medical dental visien and red goer# life insuranGe plans
(one half of the life in proudder+ at tome of retorement) The
DistFiGt Will p more than the m ploy er oentrib utien that
GaID C s toward the c# f the 'f the
�r-E���g��� �C-6�r-o�TetlTee's-C�Ver3ge��
employee meets the Rule of 65 The Rule of 65 requires t� hat an
employee's age plus years of service with the District at the tome of
retirement total 65 with a Fninimum age of 50 and minimum of ten
Of ntini ion s oe If leaee is the Rule of 65
'�r-sJ-^vrFiArlcrrtcrvcrr•:re��v.�. prvy-cc-rrrccza--crrc-r-ccrtc-o-rv.T,
effestfive upon the ratfiffipation of the MO I and the implementation of
GaIPCPC the District agrees ton y the full monthly prerniurnost of
the .se-TD erma,nento-or-N Health Net Net CmartGare plan (the "Gere
Plans"fer active o pleyees) Eligible employees' qualified
dependents (as defined by the plan pyi der)who were Govered a
dependents at the time of retirement also shall he o red by Mediral
and .dental plans
Tier II Retiree Health Benefits: T+eF I1: 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 Retiree Health Benefits Tier 111: 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 CaIPERS
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 II and Tier III)Tief-1,
11,and 111) at age 65. For Tier II Tier 1 and 11 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 65th birthday. For Tier III Tier�It,
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 CaIPERS rules, regulations or
policies.
Health Reimbursement Account: For all active Tier III Tier Ilf
employees, elle^+i„e upon the+ransi+ien +e the GaIDCDC 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 lana a 1 2019, the District shall convene a Labor
Management Committee comprised of members of he+h Dis+ric
Management and representatives of Local f+1 and MS/CG to develop
and finalize the plan design and +e selen+ a vender 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.
=m7k�
The District shall provide a retirement program for all employees
covered under this Memorandum of Understanding which shall be
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Article V-Benefits
administered by Contra Costa County Employees Retirement
Association (CCCERA).
District employees w ho were members of the Retirement Associa+'o
en o prier to Marph 1 1973,- and whe have vested thirtyX30)y=ears
serViGe n the Retirement Plan a et required to make any f urther
rentrihu piens to the Retirement Plan.
These DistriGt a pleyees s alifyiRg shall he en+i+ler! to r
Gash supplement to their n sa+inn equivalent to and in lies i of
any District payment as may be granted and made as a portion of
employee retirement contributions+o 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 hirer! by the District
prior+o May 1 1985 the District shall provide a term life insurance
NT' ��
peliGy equal to fixe Ml times the e pleyee's annual salary at Step C +e
pf$75,000. Cer regular e ehatienary e pleyees hirer)
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Article V—Benefits
by«istrict after May 1, 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 • CLASSIFICATION
APPOINTMENT OF RELATIVES I MM
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 internal candidates on the eligible list. Should it become necessary,
external candidates on the eligible list will then be interviewed in
rank order until a selection is made among those
candidates interviewed.
A D'StriGt manageic r his/her desigRate.d r ntati. a will inter.le
all .andidatesain rank enter, on the eligible list and will make a
elestien arnengst these G ndidates
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
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Article VI—Recruitment and Classification
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
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
EMPLOYEEARTICLE VII— • RELATIONS
DISCIPLINARY PROCEDURE MW
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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 „ any ether
agreements excluding settlement agreements, that a of
6 ncorporated Onto or attached to this MOU are deemed expired upon
approval of thi6 MOI I by the -Ream! of rlirentern
SAVINGS
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 A ril 18 2022 DeGe;,per 18, 2017 through April 17, 20272.
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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Concluding Provisions
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 II ...................................................................................... 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 11................................................................................ 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
LateralTransfers............................................................................ 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
Pregnancy Disability......................................................................... 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 3
MEMORANDUM
Of
UNDERSTANDING
6etzveen
t6ie
Central Contra Costa
Sanitary District
and-tie
Management Support/
Confidential Group
April 18, 2022
through
April 17, 2027
/J"F
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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
Meal Allowance......................................................................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
Payment of Accumulated Sick Leave..................................14
Vacation...............................................................................15
Vacation Earnings.........................................................16
Use of Vacation Accumulation......................................16
Accrual Credit................................................................16
Termination ...................................................................16
Payment of Accumulated Vacation Time......................16
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
Benefits .........................................................................19
Vision Coverage............................................................20
Medicare........................................................................22
Survivor Benefits...........................................................22
Health Reimbursement Account...................................22
Mileage Reimbursement......................................................22
Retirement...........................................................................22
SafetyEquipment ................................................................23
Term Life Insurance Plan ....................................................23
Article VI — Recruitment and Classification...............................24
Appointment of Relatives.....................................................24
Filling of Vacant Positions ...................................................24
Lateral Transfers..................................................................25
Probationary Period.............................................................25
Reclassification Requests ...................................................25
Article VII — Employee/ Employer Relations............................27
Disciplinary Procedure.........................................................27
Disciplinary Action.........................................................27
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Dismissal of an Employee.............................................29
Fair and Impartial Hearing for Disciplinary Action and
Dismissal of Employees................................................31
Appeal...........................................................................32
Driver's License Requirements............................................33
Grievance Procedure...........................................................33
Matters Subject to Grievance........................................33
Matters Not Subject to Grievance.................................33
Procedure......................................................................34
Miscellaneous Provisions..............................................35
Group Grievances.........................................................36
Employee-Processed Grievance ..................................36
Grievance Witnesses ....................................................36
Grievance Processing During Regular
Working Hours........................................................36
Separate Grievance File ...............................................36
Layoff...................................................................................36
Personal and District Property.............................................37
Substance Abuse.................................................................37
Concluding Provisions............................................................38
Past Practices......................................................................38
SIDE AGREEMENTS....................................................38
Savings................................................................................38
Term ....................................................................................38
Signatures to Agreement.....................................................39
Index..........................................................................................40
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Preamble
RECOGNITION AND COVERAGE
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 II—Pay
ARTICLE 11—PAY
GENERAL INCREASES
Effective April 18, 2022, April 18, 2023, April 18, 2024, April 18, 2025,
and April 18, 2026, 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. Effective
April 18, 2022, if the applicable CPI is less than 2%, than the salary
increase will be 2%. If the applicable CPI is greater than 5%, than the
salary increase will be 5%. Effective April 18, 2023, April 18, 2024,
April 18, 2025, and April 18, 2026, if the applicable CPI is less than
2%, then the salary increase will be 2%. If the applicable CPI is
greater than 3.75%, then the salary increase will be 3.75%.
LONGEVITY COMPENSATION
Longevity Pay
A two and one-half(2'/z%) 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
includes cleanup time. Receipts will not be required for meal
allowances.
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Article II—Pay
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 II—Pay
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee every
other Friday. 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 DIFFERENTIA
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.
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Article II—Pay
Employees who are required and assigned by the District to hold a
Class A or Class B commercial driver's license will receive $42.50 per
pay period. The $42.50 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 $42.50 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 '/z%) 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
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Article II—Pay
unused accumulated sick leave at the time of retirement is credited as
longevity upon retirement.
UNIFORM PAY PERIODS
Employees shall be paid based on a biweekly pay period.
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Article III—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 WORK WEER
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 non-shift employees is eight(8)
hours per day. Although most employees are scheduled to work
Monday through Friday, some services and operations are currently
scheduled on a 24-hour basis, seven (7) days a week.
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Article IV—Leaves
ARTICLE IV—LEAVES
ADMINISTRATIVE LEAVEIF
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 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.
SICK LEAVE ACCUMULATION
Unused sick leave accumulates from one year to the next. There is no
maximum limitation.
PAYMENT OF ACCUMULATED SICK LEAVE
The following schedule shall apply for any payment of accumulated
sick leave:
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
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Article IV—Leaves
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.
Any cash out of sick leave accruals shall be deducted from an
employee's sick leave accrual bank at time of retirement. Any
remaining balance shall be reported to Contra Costa County
Employees' Retirement Association (CCCERA)as retirement service
credit.
The parties' intent in negotiating this provision in 2017 was to eliminate
the employees' ability to cash-out a portion of their sick leave balance
and also receive service credit for these same hours.
Current Internal Revenue Service (IRS) regulations regarding Cash or
Deferred Arrangements (CODA)do not allow an employee the option
to choose between a cash-out payment or apply all of their sick leave
balances to service credit. The MOU language as drafted above is
consistent with current IRS regulations to the extent individual
employees are not provided a choice of how much sick leave would be
subject to cash out.
However, the parties both believe that employees should have the
ability to choose how to use their sick leave balances at the time of
retirement, as long as it is consistent with IRS CODA requirements
and CCCERA regulations and guidelines. Thus, should the IRS or
CCCERA regulations or guidelines change to allow for this choice, the
District agrees to meet and confer within 30 days of the changed law
to discuss how to implement the potential change(s).
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
Regular or probationary employees, 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.
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
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Article IV—Leaves
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
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 COMP
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 PL90&��
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, will receive a District contribution to the
Section 401(a) plan in the amount of$400 per month. Continuation of
this program is subject to Health Plan carrier acceptance.
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Article V—Benefits
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 15th 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
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.
Current regular or probationary employees hired by the District shall
be provided with health care options through CalPERS.
"Core Plans"—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
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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.
Retiree Benefits: Employees are eligible for retiree medical benefits
through CalPERS provided that they retire from the District within 120
days of separation from the District and begin receiving a retirement
allowance from the Contra Costa County Employee's Retirement
Association.
For employees who do not meet the eligibility requirements as outlined
in Tier II and Tier III Retiree Health Benefits, the District will only pay
the minimum employer contribution that CalPERS requires toward
medical coverage upon retirement from the District. The District will
pay the CalPERS minimum required contribution amount toward a
retiree's health care coverage directly to CalPERS in accordance with
CalPERS requirements.
For those employees that are eligible for Tier II or Tier III retiree health
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 II Retiree Health Benefits: 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
CalPERS, the District agrees to pay the full monthly premium cost of
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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.
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 Retiree Health Benefits: 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
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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.
Medicare: The medical coverage for retirees and their eligible
dependents will be integrated with Medicare (Tier II and Tier III)at age
65. For Tier 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
65th 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,
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.
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 which shall be
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Article V—Benefits
administered by Contra Costa County Employees Retirement
Association (CCCERA).
Employees are responsible for paying the full share of the normal
costs associated with the employee share as calculated by 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
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 • CLASSIFICATION
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 internal candidates on the eligible list. Should it become necessary,
external candidates on the eligible list will then be interviewed in rank
order until a selection is made among those candidates interviewed.
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
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Article VI—Recruitment and Classification
shall evaluate the written request with the Department Director and
render an appropriate recommendation. If the recommendation is that
a reclassification is appropriate, then that recommendation shall be
submitted to the Board of Directors for consideration. 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
EMPLOYEEARTICLE VII— • RELATIONS
DISCIPLINARY PROCEDURE
W ad
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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.
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Article VII—Employee/Employer Relations
DRIVER'S LICENSE REQUIREMENTS
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
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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Article VII—Employee/Employer Relations
party, 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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Article VII—Employee/Employer Relations
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 PROVISIONS
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.
SAVINGS
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 April 18, 2022, through April 17, 2027.
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Concluding Provisions
SIGNATURES To AGREEMENT
Entered into this 18'" day of April, 2022, subject to the approval of the
respective parties.
CENTRALCONTRA COSTA SANITARY DISTRICT
Molly Kaban
P(a 1,1.tbtx
Phil Leiber
Teji O'Malley
CENTRALCONTRA COSTA SANITARY DISTRICT
MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
Jim Bickert
Tim Potter
Naan,r,�., Dtil.al�l�,u.
Nancy Molina
C`�rnrvvY �i�Bo�a2ry
Dennis Chebotarev
39
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Page 106 of 113
INDEX
Administrative Leave..................................................................... 10
Alternative Work Schedules............................................................... 9
Appointment of Relatives................................................................. 27
CafeteriaPlan................................................................................ 18
Class A/Class B Driver's License....................................................... 6
Court Appearances .......................................................................... 10
Deathin Family.............................................................................. 10
Deferred Compensation Plan........................................................... 18
DentalPlan....................................................................................... 18
Disciplinary Procedures ................................................................... 27
Disability Plan................................................................................... 18
Driver's License Requirements........................................................ 33
Dual Health Coverage...................................................................... 18
Dues................................................................................................... 3
Education-Tuition Refund Policy ................................................... 19
Employee Assistance Program........................................................ 19
EmployeeBenefits........................................................................... 18
• Cafeteria Plan......................................................................... 18
. Retiree Benefits...................................................................... 20
oTier II................................................................................ 20
oTier III............................................................................... 20
. 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 ........................................................ 22
• Professional Registration ......................................................... 6
. Retirement.............................................................................. 22
• Safety Equipment................................................................... 23
• Salary Continuance Plan........................................................ 13
• Term Life Insurance ............................................................... 23
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Page 107 of 113
Family and Medical Leave............................................................. 11
Filling of Vacant Positions................................................................ 24
General Increases........................................................................... 4
Grievance Procedure....................................................................... 33
• Employee-Processed Grievance............................................ 36
• Grievance Processing During Regular Work Hours............... 36
• Grievance Witnesses ............................................................. 36
• Group Grievances .................................................................. 36
• Matters Not Subject to Grievance .......................................... 33
• Matters Subject to Grievance................................................. 33
• Miscellaneous Provisions....................................................... 35
• Procedure............................................................................... 34
oStep One.......................................................................... 34
oStep Two.......................................................................... 34
oStep Three....................................................................... 34
oStep Four......................................................................... 35
• Separate Grievance File......................................................... 36
HealthPlans .................................................................................. 19
Holidays............................................................................................ 11
. Holiday Compensation ........................................................... 12
. Holiday Schedule ................................................................... 11
• Weekend-Designated Holidays.............................................. 11
JuryDuty........................................................................................ 12
Lateral Transfers............................................................................ 25
Layoff................................................................................................ 36
Leave of Absence Without Pay........................................................ 12
Leaves.............................................................................................. 10
• Administrative Leave.............................................................. 10
• Court Appearances ................................................................ 10
. Death in Family....................................................................... 10
• Family and Medical Leave...................................................... 11
• Jury Duty ................................................................................ 12
• Leave of Absence Without Pay.............................................. 12
. Military Leave ......................................................................... 13
. Pregnancy Disability............................................................... 13
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Page 108 of 113
• Salary Continuance Plan........................................................ 13
• Sick Leave.............................................................................. 14
• Sick leave Accumulation ........................................................ 14
• Payment of Accumulated Sick Leave..................................... 14
. Vacation.................................................................................. 15
Longevity Compensation.................................................................... 4
Matters Not Subject to Grievance................................................. 33
Matters Subject to Grievance........................................................... 33
MealAllowance.................................................................................. 4
Merit Increases................................................................................... 5
Miscellaneous Provisions................................................................. 35
Mileage Reimbursement.................................................................. 22
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................................................................................ 38
Pay..................................................................................................... 4
. Minimum Call Back Pay ........................................................... 5
• Out-of-Class Pay...................................................................... 5
. Paycheck Distribution............................................................... 6
. Terminal Compensation ........................................................... 7
• Uniform Pay Periods ................................................................ 8
• Pay upon promotion ................................................................. 6
Payroll Deduction of Dues.................................................................. 3
Personal and District Property......................................................... 37
Preamble............................................................................................ 1
Pregnancy Disability......................................................................... 13
Probationary Period Upon Reclassification...................................... 25
Procedure (Grievance)..................................................................... 34
• Step One ................................................................................ 34
• Step Two ................................................................................ 34
• Step Three.............................................................................. 34
• Step Four................................................................................ 35
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Page 109 of 113
Professional Registration ................................................................... 6
Reclassification.............................................................................. 25
• Reclassification Request........................................................ 25
• Probationary Period................................................................ 25
Recognition and Coverage................................................................. 1
Recruitment and Classification......................................................... 24
• Appointment of Relatives ....................................................... 24
• Filling of Vacant Positions...................................................... 24
• Lateral Transfers .................................................................... 25
ReducedWork Week......................................................................... 9
Registration or Certification Differential ............................................. 6
Relief Operator Differential................................................................. 7
Retirement........................................................................................ 22
Rights .............................................................................................. 1
SafetyEquipment .......................................................................... 23
Salary Continuance Plan.................................................................. 13
Savings ............................................................................................ 38
Shift Differentials................................................................................ 7
• Night Shift Differential............................................................... 7
• Swing Shift Differential ............................................................. 7
• Relief Operator Differential....................................................... 7
SickLeave........................................................................................ 14
Sick Leave Accumulation................................................................. 14
Signatures to Agreement ................................................................. 39
Substance Abuse............................................................................. 37
Swing Shift Differential....................................................................... 7
Term ............................................................................................ 38
Term Life Insurance Plan................................................................. 23
Vacant Positions, Filling of............................................................. 24
Vacation ........................................................................................... 15
• Accrual Credit......................................................................... 16
. Earnings ................................................................................. 16
• Payment of Accumulated Vacation Time............................... 16
• Termination............................................................................. 16
• Use of Vacation Accumulation ............................................... 16
Vision................................................................................................ 20
43
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Page 110 of 113
Weekend-Designated Holidays .................................................... 11
WorkHours ........................................................................................ 9
• Alternative Work Schedules..................................................... 9
. Reduced Work Week ............................................................... 9
• Work Week............................................................................... 9
WorkWeek......................................................................................... 9
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Page 111 of 113
Notes
November 3, 2022 Regular Board Meeting Agenda Packet- Page 230 of 245
Page 112 of 113
Notes
November 3, 2022 Regular Board Meeting Agenda Packet- Page 231 of 245
Page 113 of 113
CCCSD September 2022 Energy Usage 111achment4
Monthly Total Energy Cost: $556,424
HHWCF(Solar) Treatment Plant
HHWCF(Gasand $699 9Z%OfTOtal$POD Demand $6O1 /MGTreated
Electricity)$43 0% 0%
Misc(Gas and Charge(VICE) POD Electricity
Electricity)) $3,543 1% Import(MCE) 2,123 kWh/MG Treated
$1,472 $7,123 1%
0% PG&E Charges
P (trans.+dist.+etc.
Serv.Charge —_ minus Resew.& CSO Solar, CSO Tot Facility
(PG&E)$30,53 Sew.Charges) $4,801,60% 1%of Total$
lop
$8,091
2% CSO Electricity,
$1,451,18%
CSO Gas,
$1,062,13%
C50 Vehicle CSO Vehicle
Bay Electricity, Bay Gas,$16,
$719,9% 0%
., Gas
Pump Stations
OD Natural Gas Train mission 8%of Total$
$300,691 60% $111,733 San Ramon,$15,654, Moraga,$10,597,
35% 24%
Orinda Crossroads.S-TED
TBD%
12 Other Pump Lower Orinda,
Stations,51,856 4% $7,581,17%
Con cordlndustrial,
$1,661,4%
Fairview Lift Station,
$1,723,4%
Maltby,$1,990,4% Martinez,$3,592,8%
Operating Cost of CCCSD by Month TP Electricity Source in kWh TP MMBTU of Gas Consumed
$800,000 $782,101 2,500 50
$700,000 45
$600,000 $556,424 2.000 40
=
$5 1,010 $544,950 Y m 35
$500,000 c 1,500 30
$400,000 v
25
'o
$300,000 1,000 € 20
15
$200,000 Soo 10
$100,000 5
$0 0 0
Jun-22 Jul-22 Aug-22 Sep-22 Jun-22 Jul-22 Aug-22 SeP-22 Jun-22 Jul-22 Aug-22 Sep-22
■POD Natural Gas ■Natural Gas Delivery
■POD Landfill Gas ■Other Energy Charges ■Cogen ■Standby Power ■PG&E ■Natural Gas ■Landfill Gas
■MCE Demand Charge ■POD Resew.&Sew.Charges
■PG&E Charges
TP Electricity by Source in kWh TP MMBTU of Gas Consumed TP Energy by Source in kWh
30 600 100 2.0 2.82 1.69 1.70
90
25 500 80
�
70
1.18
20 400
� 60
3 15 0 300 50
40 —
10o 200 30 .58—29.10—28.26—26.12— —
20 — — — —20.48_
5 100
10
0 0 0
2018 2019 2020 2021 2022 2018 2019 2020 2021 2022 2018 2019 2020 2021 2022
Year Year
Year ■Aux Boilers WHB Steam ■Cogen Steam
■Cogen ■Standby Power ■PG&E ■Natural Gas ■Landfill Gas ■Cogen Electrical ■Standby Power ■PG&E
This month CCCSD produced and purchased electricity at an average rate of $0,186$ /kWh(including maintenance)
Anthropogenic GHG
Compared to $0.2570 /kWh if exclusively from PG&E
Emissions Landfill Gas
MT CO2e Renewable Energy 6,747 MMBtu
zs000 Profile la%
Generation breaks even with PG&E at $16,06/MMBTU
Recovered Waste Heat
20000 18,377 2,559 MMBtu
5% Natural gas was purchased at
15000 solar a rate of $7.55 /MMBTU
82 MMBtu eq.
881 10000 0.16%
Total Non-Renewable
39,984 MMBtu MCE Renewables Natural gas transmission cost $2,81 /MMBTU
5000 81% 144 MMBtu eq.
0.29%
0 CCCSD produces steam at
n erage rate of $0•0059 /Ib steam
November 3, 2022 Regular Board Meeting Agenda Packet- Page 232 of y45`