HomeMy WebLinkAbout06. Adopt the side letters between the District and AFSCME Public Employees Uniion Local 1 and the Management Support/Confidential Group regarding establishing the Limited Duration Position Program (LDPP)Item 6.
BOARD OF DI RECTORS
POSIT ION PA PER
M E E T ING D AT E:F E B R UA RY 22, 2024
S UB J E C T: A D O P T T HE S I D E L E T T E R S B E T W E E N T HE D I S T R I C T A ND A F S C ME ,
P UB L I C E MP L O YE E S ' UNI O N, L O C A L #1 (L O C A L 1); A ND T HE
MA NA G E ME NT S UP P O RT /C O NF I D E NT I A L G R O UP (MS /C G); R E G A R D I NG
E S TA B L I S HI NG T HE L I MI T E D D UR AT I O N P O S I T I O N P R O G R A M (L D P P )
S UB M I T T E D B Y:
T E J I O'MA L L E Y, HUMA N R E S O UR C E S A ND
O R G A NI Z AT I O NA L D E V E L O P ME NT
MA NA G E R
I NI T I AT I NG D E PART M E NT:
O F F I C E O F T HE G E NE R A L MA NA G E R -
HUMA N R E S O UR C E S
R oger S . B ailey
General Manager
IS S UE
Board of Director’s approval is required to approve S ide L etter agreements with the Unions.
B AC K G RO UND
T he District met and conf erred on several occasions between August 2023 and J anuary 2024 with both
L ocal 1 and MS/C G f or the purpose of creating a L imited D uration Position Program. T he intent of this
program is to create positions that augment regular District staff to accomplish work but only that of a
limited and specific nature. W ith numerous, large projects coming up in the near future, specifically those
in Capital P rojects, the District will need additional staf f to perf orm the required work but on a limited term
basis. T he L D P P will allow the District to hire fully benef ited staff to work on these projects without adding
to the number of approved, permanent, regular D istrict employees. T he creation of this program will allow
the District to staf f the upcoming Capital P rojects as well as any projects that may arise in the future.
ALT E RNAT I V E S /C O NS I D E RAT IO NS
D o not approve the side letters establishing the L D P P. I f this action is not approved, the District will not be
able to hire limited duration positions f or long-term, temporary projects requiring additional staff and will
have to find other ways to augment staf f .
February 22, 2024 Special Board Meeting Agenda Packet - Page 39 of 128
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F I NANC IAL I M PAC T S
T he cost of this action will be variable as these positions will be budgeted every year. T he full cost will be
available during each f iscal year ’s budget adoption process.
C O M M I T T E E RE C O M M E ND AT IO N
T his item was not reviewed by a B oard C ommittee.
RE C O M M E ND E D B O ARD AC T I O N
Adopt the side letters between the D istrict and A F S C ME , P ublic E mployees' Union, L ocal #1; and the
Management S upport/C onfidential Group; regarding establishing the L imited Duration P osition P rogram.
Strategic Plan Tie-I n
G O A L TH R EE: Workforce Diversity and D evelopment
Strategy 3 - Retain skilled workers by investing in resources and opportunities for all employees to grow and thrive
AT TAC HM E NT S :
D escription
1. S ide L etter Agreement - L ocal 1
2. S ide L etter Agreement - MS C G
February 22, 2024 Special Board Meeting Agenda Packet - Page 40 of 128
Page 2 of 6
SIDE LETTER AGREEMENT
Between
Central Contra Costa County Sanitary District
And
AFSCME/Public Employees Union, Local #1
February 22, 2024
Central Contra Costa County Sanitary District (District) and AFSCME/Public Employees Union,
Local #1 (Local 1) met and conferred on several occasions between August 2023 and January
2024 with the purpose of creating a Limited Duration Position Program (LDPP). The intent of
this program is to create positions that augment regular District staff to accomplish work but
only that of a limited and specific nature.
The following parameters were agreed upon by the District and the Union:
•Incumbents filling these positions will have the option to be Local 1 members as
outlined in Article III, Section 1 – Union Membership and Dues Checkoff of the
Memorandum of Understanding (MOU).
•The incumbents will receive all benefits outlined in Article IV – Benefit Provisions of the
MOU with the exception of Section 1.4-Retiree Health and Welfare Benefits and Section
1.10-Registration Differential.
•The incumbents in these positions will receive the same merit increases as outlined in
Article II, Section 1.1-Merit Increases, and general increases as outlined in Article II,
Section 1.4-General Increases.
•The positions will have the same title as current District classifications with the
designation of “Limited Duration”. The positions will be reflected in this manner of the
District’s organizational chart.
•In the case of a layoff, these positions would be first in the order of layoffs.
•The District will articulate, in writing, the anticipated timeframe and scope of the work
for every position to the bargaining unit.
•Once an incumbent has completed one limited duration position, they will be required
to serve a 90-day cooling off period before they are eligible to be considered for another
limited duration position.
•No position shall exceed a five-year term.
Attachment 1
February 22, 2024 Special Board Meeting Agenda Packet - Page 41 of 128
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• The number of positions at any given time will be capped at no more than 5% of the
District’s full-time equivalent (FTE) count and no more than 10% of Local 1’s
membership count.
• Vacant permanent positions in the same classification as the requested limited duration
position within a workgroup must be filled by a regular, permanent employee before
the addition of a limited duration position will be approved.
• Incumbents in these positions may provide direction and assign work to employees if it
relates to their area of responsibility. However, they will not be the supervisor of record
for permanent staff and will not conduct performance evaluations or be responsible for
any disciplinary action.
• Regular, permanent staff may compete for a limited duration position via the District’s
recruitment process. If offered the position, the employee shall return to their
previously held regular, permanent position upon the completion of the limited
duration position with the same terms and conditions. If a Local #1 represented
employee fills a Local #1 designated limited duration position, all provisions of the Local
#1 MOU shall apply and seniority shall remain intact.
• Except for those provisions specifically mentioned in this side letter, no other provisions
of the MOU will apply to these positions or the incumbents filling these positions.
For the District: For AFSCME/PEU, Local #1:
______________________________ ______________________________
Teji O’Malley Winston Ingram
Human Resources and Union President
Organization Development Manager
February 22, 2024 Special Board Meeting Agenda Packet - Page 42 of 128
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SIDE LETTER AGREEMENT
Between
Central Contra Costa County Sanitary District
And
Management Support/Confidential Group
February 22, 2024
Central Contra Costa County Sanitary District (District) and the Management
Support/Confidential Group (MS/CG) met and conferred on several occasions between August
2023 and January 2024 with the purpose of creating a Limited Duration Position Program
(LDPP). The intent of this program is to create positions that augment regular District staff to
accomplish work but only that of a limited and specific nature.
The following parameters were agreed upon by the District and the Union:
•These positions will be represented by MS/CG and will be subject to all provisions of the
MS/CG Memorandum of Understanding (MOU) with the exception of Article V-Retiree
Benefits and Article VI-Lateral Transfers.
•The positions will have the same title as current District classifications with the
designation of “Limited Duration”. The positions will be reflected in this manner of the
District’s organizational chart.
•In the case of a layoff, these positions would be first in the order of layoffs.
•The District will articulate, in writing, the anticipated timeframe and scope of the work
for every position to the bargaining unit.
•Once an incumbent has completed one limited duration position, they will be required
to serve a 90-day cooling off period before they are eligible to be considered for another
limited duration position.
•No position shall exceed a five-year term.
•The number of positions at any given time will be capped at no more than 5% of the
District’s full-time equivalent (FTE) count and no more than 10% of MS/CG’s
membership count.
•Vacant permanent positions in the same classification as the requested limited duration
position within a workgroup must be filled by a regular, permanent employee before
the addition of a limited duration position will be approved.
Attachment 2
February 22, 2024 Special Board Meeting Agenda Packet - Page 43 of 128
Page 5 of 6
• Incumbents in these positions may provide direction and assign work to employees if it
relates to their area of responsibility. However, they will not be the supervisor of record
for permanent staff and will not conduct performance evaluations or be responsible for
any disciplinary action.
• Regular, permanent staff may compete for a limited duration position via the District’s
recruitment process. If offered the position, the employee shall return to their
previously held regular, permanent position upon the completion of the limited
duration position with the same terms and conditions. If an MS/CG represented
employee fills an MS/CG designated limited duration position, all provisions of the
MS/CG MOU shall apply and seniority shall remain intact. All others shall receive the
benefits outlined in this side letter.
For the District: For MS/CG:
______________________________ ______________________________
Teji O’Malley Chris Carpenter
Human Resources and Union President
Organization Development Manager
February 22, 2024 Special Board Meeting Agenda Packet - Page 44 of 128
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