Full Contract Attached
Mar 27, 2020

Attached to this post is the entirity of the Tentative Agreement Contract for your Review.

MEMORANDUM OF AGREEMENT

BETWEEN

COUNTY OF SANTA CLARA

 

 

AND

COUNTY EMPLOYEES MANAGEMENT ASSOCIATION

AFFILIATED WITH OPERATING ENGINEERS 

LOCAL UNION NO. 3 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS AFL-CIO

April 6, 2020 THROUGH JUNE 23, 2024

 

TABLE OF CONTENTS

                                                         

ARTICLE 1 – RECOGNITION

Section 1.1 – Exclusive Bargaining Representative

Section 1.2 – Workload

ARTICLE 2 – SALARIES and OTHER COMPENSATION

Section 2.1 – Basic Wage

Section 2.2 – Evening/Night Shift for Certain Nurse Classifications and Computer 
 Operations Shift Supervisor

Section 2.3 – Pest Advisory Differential

Section 2.4 – Bilingual Differential

Section 2.5 – Nurse Longevity Pay

Section 2.6 – Nurse Realignments

Section 2.7 –Classification Study

Section 2.8 – Automatic Check Deposit

Section 2.9 - 24 Hour Differential for Special Duties 

Section 2.10 - Notary Public Differential

Section 2.11 - Career Incentive Program

Section 2.12 - Lump Sum Payments

Section 2.13 Realignments

ARTICLE 3 – RETIREMENT

ARTICLE 4 – SHIFT ROTATION

ARTICLE 5 – INSURANCE PREMIUMS

Section 5.1 – Medical Insurance

Section 5.2 – Dental Insurance

Section 5.3 – Life Insurance

Section 5.4 – Vision Care Plan

Section 5.5 – County-wide Benefits

Section 5.6 – Medical Benefits for Retirees

ARTICLE 6 – DOMESTIC PARTNERS

ARTICLE 7 – STATE DISABILITY INSURANCE (SDI)

ARTICLE 8 – PROFESSIONAL DEVELOPMENT ALLOWANCE AND
                       EDUCATIONAL LEAVE

Section 8.1 – Tuition Reimbursement Program

Section 8.2 – Professional Development Program

ARTICLE 9 – TRAINING FUND

ARTICLE 10 – UNIFORM ALLOWANCE

ARTICLE 11 – STATE MANDATED LICENSURE/CERTIFICATION FUND

Section 11.1 – General Provisions

Section 11.2 – State Mandated License and Certification Fee Reimbursement

Section 11.3 – Reasons for Denial

Section 11.4 – Eligible Classifications

ARTICLE 12 – WORK OUT OF CLASSIFICATION (WOOC)

ARTICLE 13 – LATERAL TRANSFER

ARTICLE 14 –LEAVES

Section 14.1 – Scheduled Time Off

Section 14.2 – Sick Leave Bank Accrual

Section 14.3 - Administrative Leave

Section 14.4 - Administrative Time Off

ARTICLE 15 – LAYOFF PROCEDURES

Section 15.1 – Seniority Defined

Section 15.2 – Transfer of Prior Agency Service

Section 15.3 – Changes to Classes

Section 15.4 – Order of Layoff

Section 15.5 – Notice of Layoff

Section 15.6 – Reassignment in Lieu of Layoff

Section 15.7 – Layoff

Section 15.8 – Inplacement

Section 15.9 – Re-employment List

Section 15.10 – Temporary Work for Laid Off Employees

Section 15.11 – Names Dropped from Re-employment List

Section 15.12 – Rights Restored

ARTICLE 16 – GRIEVANCE PROCEDURE

Section 16.1 – Grievance Defined

Section 16.2 – Grievance Presentation

Section 16.3 – Pre-Arbitration

Section 16.4 – Arbitration Panel

Section 16.5 – Arbitration Release Time

ARTICLE 17 – LETTER OF REPRIMAND

ARTICLE 18 – PERFORMANCE APPRAISAL AND DEVELOPMENT PROCESS

ARTICLE 19 – ALTERNATE WORK SCHEDULES AND TELEWORKING

ARTICLE 20 – SAFETY SHOES

ARTICLE 21 – PROBATIONARY PERIOD

ARTICLE 22 – FAIR LABOR STANDARDS ACT

ARTICLE 23 – LABOR MANAGEMENT COLLABORATION

ARTICLE 24 – CONTRACTING OUT

Section 24.1 – Notice to the Union

Section 24.2 – Response to Notice

Section 24.3 – Meeting

ARTICLE 25 - STRIKES AND LOCKOUTS

ARTICLE 26 – FULL AGREEMENT

ARTICLE 27 – SAVINGS CLAUSE

ARTICLE 28 – TERM OF AGREEMENT

SIDELETTER OF AGREEMENT – Cross Departmental Opportunity Pilot Program

APPENDIX A – Classifications Eligible for License Reimbursement

APPENDIX B – Salary Schedule

 

MEMORANDUM OF UNDERSTANDING 

This is a Memorandum of Understanding between the County of Santa Clara (County) and the County Employees Management Association (CEMA) a California Corporation, which is affiliated with Operating Engineers, Local Union #3, AFL-CIO.

This Memorandum is the result of both parties meeting and conferring in good faith. The parties agree that the rates of pay contained herein comply with Section 709 of the Charter of the County of Santa Clara for the full term of this Agreement, which is April 6, 2020  through June 23, 2024.  

 

ARTICLE 1 – RECOGNITION

Section 1.1 – Exclusive Bargaining Representative

The County recognizes County Employees Management Association (CEMA) as exclusive bargaining representative for all classified and unclassified employees in coded classifications within the Supervisory-Administrative bargaining unit.

For the purposes of this Agreement, an employee shall be defined as a person employed in a coded classification in the bargaining unit covered by this Agreement.

These employees are considered management employees and are expected to perform the duties and responsibilities required to accomplish their job. Premium pay and other special compensation are inapplicable to CEMA represented employees (except for cash overtime or compensatory time off for those classifications designated by the County as non-exempt under the Fair Labor Standards Act, and except for bilingual pay, uniform allowance, night shift differential, pest advisory differential and vacation add-back as provided in this Agreement).

Employees who are designated as exempt under FLSA in this Unit are considered salaried. The rates of pay shown in the Appendices reflect the appropriate salary which is due to the level of responsibility and the inapplicability of the various forms of premium pay and special compensations. 

The County has designated the following classifications to be non-exempt under the provisions of the Fair Labor Standards Act:

B1T     Associate Management Analyst A

B1R     Associate Management Analyst B

J30      Credentials Specialist

B9C     Health Care Financial Analyst Associate

B5Y    Health Care Program Analyst I

B5Z     Health Care Program Analyst Associate

B18     Human Relations Coordinator I

B95     Liability Claims Adjuster I

B1W    Management Aide

X20     Supervising Probation Counselor

T29      Park Ranger Supervisor

Employees in the above classifications shall receive overtime pay in accordance with FLSA.

For non-exempt employees who do not meet the FLSA criteria for different work periods, overtime is defined as time worked beyond forty (40) hours in any seven (7) consecutive day work period or eight (8) hours in any one day (twenty-four hours) period. Non-exempt employees assigned under FLSA to work periods other than seven (7) or fourteen (14) consecutive day work periods, shall have work periods and daily overtime defined accordingly.

As allowed by the 7k exemption for law enforcement employees, the County has designated a fourteen day work period. Overtime is defined as time worked beyond eighty (80) hours in a fourteen consecutive day work period or a regular scheduled shift duration in any workday.

Time for which pay is received but not worked, such as holiday, STO, sick leave, and authorized compensatory time off, is counted towards the base period. Employees shall not be assigned irregular work hours to avoid the payment of overtime. The County Executive shall determine by administrative order those classes and positions which shall be eligible for overtime work and for cash payment.

When overtime work is assigned and is authorized by an appointing authority to be worked, compensation for such time worked by non-exempt employees shall be time off with pay computed at the rate of one and one-half (1 1/2) hours off for every hour of overtime worked, except that such overtime work shall be paid in cash at the rate of one and one-half (1 1/2) times the regular hourly rate when specifically authorized by administrative order of the County Executive. Compensatory time off accruals/balance shall be limited to a maximum of two hundred and forty (240) hours. 

All compensatory time off must be taken within twelve (12) months of the date the overtime was worked. Any balance remaining after twelve (12) months shall be paid in cash at the regular rate. Compensatory time balances shall be paid in cash on separation. An employee may elect in advance to receive compensatory time off credit in lieu of cash compensation for overtime where compensatory time off is allowed, if the appointing authority agrees.

Section 1.2 – Workload

Most employees in CEMA represented classifications are salaried employees who work the necessary hours to fulfill the duties of the position without overtime pay.  Depending on the circumstances employees may work more or less than 40 hours in a particular work week. The County acknowledges that consistently working excess hours beyond a 40 hour work week may not be in the interest of employees or the County. If an employee thinks they are working excessive hours on a regular basis, they can request that CEMA and the County evaluate the impact of the workload on the employee.

The County and CEMA agree to jointly develop and offer to employees in CEMA represented classifications and Executive Managers training that would facilitate workload evaluation discussions including the following components:

  1. Communication skills between employee and employer,
  2. Reaffirmation and identification of priorities,
  3. Time management and its impact on workload,
  4. How to rebalance workload,
  5. Other issues as applicable. 

Section 1.3 Documents Sent Electronically via E-Mail

The parties agree that documents sent electronically via e-mail are an acceptable form of communication and proof of service for timeline requirements and is allowed specifically in place of Certified U.S. Mail, wherever required in the labor contract.  The “timestamp” of the e-mail by the receiving party is controlling.  If there is a dispute, the sending party’s e-mail record may be used to assist in resolving any timeline requirements.  Still unresolved timeline requirements may be items of further dispute relative to the subject matter at hand.  Items sent by Certified U.S. mail will still be acceptable, but not required.  

The parties may designate which type of document will go to a specific e-mail address.  Each party will give the other party the name or names of persons and their e-mail address as official recipient of such documents.  Evidence of “full” mailboxes resulting in non-acceptance by the receiving party, or evidence or receiving party e-mail system malfunction experienced by the sending party automatically extends the timeline by one full County business day.

Section 1.4

The County shall send CEMA a courtesy copy of all Recommended Disciplinary Actions and Final Disciplinary Actions issued to CEMA represented employees.  The form of delivery shall be via electronic mail.  The courtesy copy shall be sent to CEMA’s designated point-of-contact within one (1) business day of issuing the Recommended Disciplinary Action or Final Disciplinary Action to the employee.  For purposes of appeal, it shall be the employee’s responsibility to adhere contractual timelines.  CEMA agrees to indemnify the County for any claims alleging breach of privacy resulting from CEMA receiving courtesy  copies of the Recommended Disciplinary Actions and Final Disciplinary Actions for CEMA represented employees who are not CEMA members.

Employees subject to the Public Safety Officers Procedural Bill of Rights Act (“POBAR”) of 1974 are excluded from this section.

 

ARTICLE 2 – SALARIES AND OTHER COMPENSATION

Section 2.1 – Basic Wage

Salaries for the term of the agreement for represented classifications are contained in Appendix B. 

General Wage Increases:

Effective May 4, 2020 the County shall provide a 3% general wage increase for all employees in the bargaining unit, except for those employees in the classifications listed in Section 2.6 below, who shall not receive the 3% general wage increase.  

Effective Pay Period 20/14, June 15, 2020, the County will provide a 3% wage increase for all employees in the bargaining unit, except for those employees in the classifications listed in Section 2.6 below, who shall not receive the 3% general wage increase.  

Effective Pay Period 21/14, June 28, 2021, the County will provide a 3.0% general wage increase for all employees in the bargaining unit,   except for those employees in the classifications listed in Section 2.6 below, who shall not receive the 3.0% general wage increase. 

Effective Pay Period 22/14, June 27, 2022, the County will provide a 3.0% general wage increase for all classifications in the bargaining unit, except for those employees in those classifications listed in Section 2.6 below, who shall not receive the 3.0% general wage increase.

Effective Pay Period 23/14, June 26, 2023, the County will provide a 3.0% general wage increase for all classifications in the bargaining unit, except for those employees in those classifications listed in Section 2.6 below, who shall not receive the 3.0% general wage increase.

Section 2.2 – Evening/Night Shift for Certain Nurse Classifications and Computer Operations Shift Supervisor

a)   The following classifications, when assigned to work evening shifts on a regular, ongoing basis, shall receive an additional $320.00 biweekly. Evening shift shall be defined as any scheduled shift of at least eight hours beginning on or after 2:00 p.m. and ending on or before 2:00 a.m.

S80 Admin Nurse II

S12 Utilization Review Coordinator

b)   The following classifications, when assigned to work night shifts on a regular, ongoing basis, shall receive an additional $580.00 biweekly. Night shift shall be defined as any scheduled shift of at least eight hours beginning on or after 10:00 p.m. and ending on or before 10:00 a.m.

S80 Admin Nurse II

S12 Utilization Review Coordinator

c)   Effective May 4, 2020, the following classifications, when assigned and approved by an executive manager to work evening shifts on a regular, ongoing basis shall receive an additional $250.00biweekly. Evening shift shall be defined as any scheduled shift of at least eight hours beginning on or after 2:00 pm and ending on or before 2:00 a.m.

G24 Computer Operations Shift Supervisor position

D41 Law Enforcement Records Supervisor positions

G70 Custody Support Assistance Supervisor positions 

G91 Supervising Communications Dispatcher position

 H12 Janitor Supervisor positions

U9D Supervising Protective Services Officer position

C84 Health Care Program Manager position

Y32 Social Services Program Manager I DFCS position 

M21 Fleet Maintenance Supervisor position

During the term of this agreement, the County may authorize additional classification(s) to be included in this section which may be assigned to an evening shift.  If such an assignment is made, the evening shift differential will be $250.00 paid bi-weekly.  

Should an FLSA non-exempt CEMA represented classification be added to this section, the evening shift differential shall be $3.12 per hour.  The evening shift differential shall be paid for each hour worked during the qualifying hours stated in this section. 

d)   Effective May 4, 2020 the following classifications, when assigned and approved by an executive manager to work night shifts on a regular, ongoing basis shall receive an additional $300.00biweekly. Night shift shall be defined as any scheduled shift of at least eight hours beginning on or after 10:00 p.m. and ending on or before 10:00 a.m.

Computer Operations Shift Supervisor position

D41 Law Enforcement Records Supervisor position

) G91 Supervising Communications Dispatcher position

H12 Janitor Supervisor positions

U9D Supervising Protective Services Officer positions

During the term of this agreement, the County may authorize additional classification(s) to be included in this section which may be assigned to a night shift.  If such an assignment is made, the evening shift differential will be $300.00 paid bi-weekly.

Should an FLSA non-exempt CEMA represented classification be added to this section, the night shift differential shall be $3.75 per hour.  The night shift differential shall be paid for each hour worked during the qualifying hours stated in this section. 

e)   Effective May 4, 2020 the midnight shift differential shall be $3.75 per hour for Supervising Probation Counselors assigned to a Modified 12 Plan.  The midnight shift differential shall be payable to Supervising Probation Counselors for each hour worked after 6:00pm and before 6:00am or after 10:00pm and before 6:00am when the Supervising Probation Counselor is regularly assigned to a Modified 12 Plan.

Section 2.3 – Pest Advisory Differential

A Park Field Support Manager who obtains and maintains a valid Agricultural Pest Control Advisor License issued by the State of California and is assigned to perform pest control advisory functions shall be compensated at a range approximately seven and a half percent (7.5%) higher than that specified for regular positions in this classification. This differential shall be limited to one position in Parks.

Section 2.4 – Bilingual Differential  

CEMA represented employees who meet the requirements set forth in Section 52: Special Compensation F. Language Translations Differential of the Salary Ordinance shall continue to be eligible for bilingual pay.  Effective May 4, 2020, such bilingual pay shall be two hundred dollars ($200) per month.

Section 2.5 – Nurse Longevity Pay

  1. Incumbents in these nursing-related classifications and any new or successor classifications, as determined by ESA/HR that are related to a nursing classification and allocated to CEMA shall be eligible for salary step six after accumulation of thirty-six (36) months of competent service at the fifth step of the current classification.  

Incumbents in these nursing-related classifications shall be eligible for compensation at a rate five percent (5%) higher than Step 5 after accumulation of thirty-six (36) months of competent service at the fifth step of the current classification. 

S80

Administrative Nurse II

B56

Clinical Risk Prevention Program Manager

S90

Dir Nursing Acute Psych Svcs

H55

Dir Q&U Amb & Comm Hlth/Mng Cr

N56

Dir Valley Speciality Center

N5A

Dir of Care Management

B05

Dir of Cardiovascular Services

N54

Dir of Nursing Professional Practice

B5B

Manager of Care Management

B6F

Mgr Adult Custody M H

S66

Nurse Mgr Artificial Kidney Unit

S43

Nurse Mgr Burn Center

S31

Nurse Mgr Cld Shlt Cstdy Health

S42

Nurse Mgr Critical Care

S53

Nurse Mgr Emergency Department

S65

Nurse Mgr Labr Del Pernl Evl Prd

S63

Nurse Mgr Medical Surgical Nursing

S84

Nurse Mgr Mental Health Nursing

S64

Nurse Mgr Mother Infant Care Ctr

S81

Nurse Mgr Neonatal ICU

S55

Nurse Mgr Operating Room Services

S67

Nurse Mgr Pediatrics-ICU

S61

Nurse Mgr Post Anesthesia Cr Unt

S62

Nurse Mgr Rehabilitation

S18

Patient Services Case Coord

C87

Q I Coord – SCVMC

S20

Q I Mgr - A&D Serv

S07

Q I Mgr - Ambulatory CHS

S01

Q I Mgr – Hospital

S71

Trauma Program Coordinator

S12

Utilization Review Coordinator

S19

Utilization Review Coord-VHP

S10

Utilization Review Supervisor

  1. Incumbents in these nursing-related classifications shall be eligible for up to an additional 5% pay above the established maximum in the broad range after accumulation of thirty-six (36) months of competent service at the top of the salary range in the current classification. 

S72

Q I Mgr - Acute Psych Svcs

S69

Q I Mgr - Inpatient Nursing

S13

Q I Mgr - MH Outpt Progs

 

Section 2.6 – Nurse Realignments

a) The following classifications and any new or successor classifications, as determined by ESA/HR that are related to a nursing classification and allocated to CEMA, during the term of this Agreement, shall be aligned with the appropriate classes in RNPA:

S80 Administrative Nurse II

B56 Clinical Risk Prevention Prog Mgr

B05 Director of Cardiovascular Svs

S03 Infection Control Nurse Supervisor

S56 Infection Control Nurse Manager

B6F Manager, Adult Custody Mental Health Services

S66 Nurse Manager Artificial Kidney Unit

S43 Nurse Manager Burn Center

S31 Nurse Manager Children Shelter Custody Health

S42 Nurse Manager Critical Care

S53 Nurse Manager Emergency Department

S65 Nurse Manager Labor Del Pernl Evl Prd

S63 Nurse Manager Medical Surgical Nursing

S84 Nurse Manager Mental Health Nursing

S64 Nurse Manager Mother Infant Care Center

S81 Nurse Manager Neonatal ICU

S55 Nurse Manager Operating Room Services

S67 Nurse Manager Pediatrics-ICU

S61 Nurse Manager Post Anesthesia Care Unit

S62 Nurse Manager Rehabilitation

P70 Nursing Info Systems Mgr

S18 Patient Services Case Coord

C70 Public Health Nurse Manager I

C69 Public Health Nurse Manager II

C87 Quality Improvement Coordinator - SCVMC

S20 Quality Improvement Manager - Alc & Drug Srv

S07 Quality Improvement Manager - AMB CHS

S01 Quality Improvement Manager - Hospital

S69 Quality Improvement Manager Inpt Nursing

S13 Quality Improvement Manager - MH Ops

S72 Quality Improvement Manager - A P SV

P62 Specialty Programs Nurse Coordinator

S71 Trauma Program Coordinator

B12 Utilization Management QA Mgr

S12 Utilization Review Coordinator

S19 Utilization Review Coordinator - VHP

S10 Utilization Review Supervisor

H55 DIR Q&U Amb & Comm Hlth/Mng Cr

S90 DIR Nursing Acute Psych Svcs

N56 DIR Valley Specialty Center

N5A DIR of Care Management

N54 DIR of Nursing Professional Practice

B5B Mgr of Care Management

Section 2.7 – Classification Study

With the exception of calendar year 2020, workers may request a classification study during the month of March, or such time as designated by the Director of Personnel, but in any event no less than one (1) month per calendar year. Requests shall be submitted to ESA-Human Resources (ESA-HR) on the authorized online request form. 

A Committee, made up of representatives from ESA-HR and the Union, will meet annually one (1) month after the close of the window, to determine which submitted requests will be accepted for study, which requests will be placed in a deferred status, and which requests will be denied. The Committee will base their consideration on a number of factors, which may include classification levels, compaction, recruitment or retention difficulties, fiscal impact, and new responsibilities assigned but not covered on existing job specifications. The Committee will finalize the list and the scope of each study (I.e. full classification study, job specification revision, salary review, etc.) within three (3) months after the first meeting. The maximum number of requests accepted by the committee for study shall be capped at thirty (30) per year, but upon completion of the accepted studies, ESA-HR may continue to work studies in the deferred status. Requests in the deferred status not initiated for study by ESA-HR before the next window may be considered by the committee without requiring a new request, however, an updated PCQ and job application may be requested.

If the request is incomplete, ESA-HR will notify the worker to complete the request, along with a due date for completing the request. 

ESA-HR will notify workers of the status of their request (i.e. accepted, deferred, or denied) and the scope where appropriate.

Workers who are under study shall not be permitted to submit a request. Workers whose classification study was denied shall not be permitted to request another classification study until one additional window has passed.

If the study is denied, the worker may appeal to the Director of Personnel. The appeal shall be submitted in writing within ten (10) working days of the receipt of the denial. The Director of Personnel shall determine the procedure of the appeal.  The Director shall provide the Union with the list of the appeal decisions.

The Director will provide a list of accepted studies, including those accepted on appeal, and the expected completion date.

If ESA-HR determines some assigned duties fall outside of the worker’s classification, ESA-HR will notify the appointing authority to remove such duties within ten (10) working days of that determination. 

Any duties performed at a higher-level while receiving work-out-of-class pay will not be considered.

If a study is accepted or approved on appeal, the completed study shall be posted to the Union no later than 12 months after the date of acceptance or favorable appeal determination, unless otherwise agreed to by both parties.

If it is recommended that the worker be reclassified, all Merit System Rules that apply to regular classification studies, such as test requirements, meeting the employment standards, serving a new probation period, etc. shall apply.

Section 2.8 – Automatic Check Deposit

All employees hired after the effective date of this agreement shall be paid by automatic check deposit. By January 2007 all employees hired prior to the effective date of this agreement shall be paid by automatic check deposit.

Section 2.9-24-hour Differential for Special Duties

24 hour differential for Certain Exempt Employee

  1. Employees in the Supervisory-Administrative bargaining unit who are exempt from FLSA overtime are, and shall continue to be, expected to perform required duties without additional compensation regardless of the number of hours worked. There may be a limited number of unique, exempt positions that have been authorized in advance by the County Executive or his/her designee where an employee may be required to perform duties or to remain available to perform duties at any time over a continuous 24 hour period. No employee shall receive this differential for work in a position that has not been authorized in advance to receive this differential, or for performing duties or remaining available to perform duties for less than 24 continuous hours. No employee who is eligible for overtime pay, either under the FLSA or by the terms of the Memorandum of Agreement (MOA) between County of Santa Clara and County Employees Management Association, shall be eligible for this differential. Employees who are on an approved Voluntary Reduced Work Hour (VRWH) agreement shall not be eligible for this differential. CEMA may recommend positions for the County Executive to consider authorizing for this differential, but the decision on eligible positions will be made solely by the County Executive or his/her designee, in writing.

The purpose of this section is to establish a differential for employees in authorized positions who are required in writing, by an Executive Manager, to be available for a continuous 24 hours of duty. The 24 hours may or may not include some of the employee's regular core hours. It is the sole discretion of the County to determine the need for or to assign an individual employee to these 24 hour assignments.

Assignments eligible for compensation shall be for one or more days, and an employee who is assigned pursuant to this section shall receive four hundred and forty eight dollars ($448) when assigned for a full pay period. Such assignments shall be solely at the discretion of the County Executive or his/her designee. Employees assigned for less than a full pay period shall receive thirty-two dollars ($32) for each assigned day, up to a maximum of four hundred and forty eight dollars ($448) per pay period. Assignments to authorized positions may be made to one employee, or rotated among two or more employees, at the Executive Manager's sole discretion. Assignments are based on specific individual responsibilities and business need, and therefore duties may be added, at management's discretion. Duties required while assigned to a 24-hour special assignment covered by this section shall be limited to duties within the scope of the job specification of the employee assigned.

Employees assigned to a qualifying assignment on a continuous and on-going basis shall be authorized to receive the 24-hour Differential for Special Duties prior to commencing the assignment.  Employees assigned to a qualifying assignment on an intermittent or short term basis are excluded from this section.

  1. Employees exempt from FLSA overtime eligibility may continue to be required to work beyond 40 hours in a workweek with no additional compensation, except as specifically provided in this section. The County will continue to expect-and may require-exempt employees, whether directed in writing or not, to perform tasks outside of the employee's regular core hours, without additional compensation.

  1. When assigned to 24-hour Special Duties, the employee must remain reachable by phone and email, and cannot engage in any conduct that could impair the employee's ability to perform his/her job duties, including physically returning to a work site, decision making or completing required job tasks.

  1. Employees in positions assigned to work Special Duties as described in this section, may request not to be assigned for any reason. The Executive Manager shall consider the request for either temporary or permanent exemption from assignment to 24-hour duties covered by this section, but the decision to grant the request shall be within the County's sole discretion and shall not be subject to the grievance procedure.

e)          An employee exempt from FLSA overtime eligibility who has been assigned 24-hour duty on a continuous basisfor six months or more may request not to be assigned 24-hour duty for a four month period. Approved paid orunpaid absences of one pay period or less shall not be considered a break in a continuous assignment of 24-hour duty. The employee's request must be in writing and must be provided to the employee's Executive Manager atleast thirty (30) calendar days before the time requested for relief from 24-hour duty. The Executive Managershall grant the request when possible. If the employee's request is not, the rate of compensation for 24-hour dutyfor that employee shall be increased beginning with the date that the requested relief would have begun, to forty-eight dollars ($48) for each assigned day, up to a maximum of six hundred and seventy two dollars ($672) per payperiod; and this increased rate will continue for each 24-hour duty period the employee is assigned to work, untilthe employee has not been assigned 24-hour duty for at least four consecutive pay periods.

f)             Only the provisions of this section related to determinations of "continuous basis of an assignment," "relieffrom 24-hour duty," or "correct payment of differential pay" may be grieved; and such grievances shall be inaccordance with the provisions of Section 16.2 Grievance Presentation a) Informal Resolution, and b) FormalGrievance 1) Step One, and shall not be subject to arbitration or the arbitration process in the MOA, or to anyother appeals. No other provisions of this section may be grieved.

g ) The Department shall request from ESA authorization for 24 Hour Differential qualifying assignment(s) based on operational needs.  Once ESA authorizes the request, the Department, at its sole discretion, shall assign and/or unassign the 24 Hour Differential assignment(s) to specific employee(s).  The Department shall notify payroll of specific employee(s) who have been assigned and/or unassigned the 24 Hour Differential.  ESA may conduct an annual review of the 24 Hour Differential qualifying assignments allocated to each department and renew or modify the number of assignments allocated to a specific department.

Section 2.10-Notary Public Differential

Effective May 4, 2020, Notary Public differential of $60 per biweekly pay period shall be paid to CEMA represented employees who are duly authorized Notary Publics and are assigned by an executive manager to perform the function of a Notary Public on behalf of the County.

Section 2.11 Career Incentive Program

Effective May 4, 2020, employees in the classification of Supervising Public Defender Investigator (V96) who meet the Public Defender Investigation Career Incentive Program requirements shall be paid a biweekly rate as follows:

Basic: 2.5% of base salary;

Intermediate: 5% of base salary;

Advanced: 7.5% of base salary.

Section 2.12 Lump Sum Payments

Effective May 4, 2020 current employees at time of signing of the successor contract who are in CEMA-represented classifications shall receive a one-time, non-PERSable, lump-sum contract signing bonus prorated for code status. 

CEMA-represented employees will be categorized into three tiers based on their base salary falling between the minimum and maximum amount of the tier.  CEMA-represented employees will receive the one-time, non-PERSable, lump sum bonus based on the tier that corresponds to their hourly rate.  The three tiers will be as follows:

Tier                             Minimum Maximum              Bonus

                                    Hourly Rate

Tier One                      $29.40-$66.68                            $2,575

Tier Two                     $66.69-$103.98                          $4,300

Tier Three                   $103.99-$141.27                        $6,180

The one-time, non-PERSable, lump sum bonus will be subject to the customary withholdings and deductions and will be paid in compliance with the Public Employees Pension Reform Act of 2013.

Section 2.13 Realignments

Effective May 4, 2020 the following classifications shall receive the corresponding salary realignment:

G63

Election Process Supv II

5.50%

R2N

Clinical Nutrtition Svcs Mgr

7.50%

H30

Health Center Manager

1.00%

X44

Probation Division Manager

1.00%

C70

Public Health Nurse Mgr I

5.00%

C69

Public Health Nurse Mgr II

5.00%

P9C

Chief Psychologist

5.00%

R33

Dir of Therapy Services

5.00%

V4S

Latent Fingerprint Exam Supv

3.00%

V90

Fingerprint Identification Dir

3.00%

R31

Therapy Services Program Mgr

5.00%

K40

Mapping &  I. D. Supervisor

5.00%

R83

Supv Diagnostic Imag Tech

4.50%

J33

Sterile Processing Manager

4.50%

B2L

Admin Services Mgr I

1.00%

B2J

Admin Services Mgr II

1.00%

P14

Mental Health Prog Spec II

4.00%

B3H

Program Manager III

1.00%

B3P

Program Mgr I

1.00%

B3N

Program Mgr II

1.00%

Q07

Program Mgr II-U

1.00%

Q03

Program Mgr I-U

1.00%

D08

Supv Health Services Rep II

3.50%

B2R

Admin Support Officer I

1.50%

B2P

Admin Support Officer Ii

1.50%

B2N

Admin Support Officer III

1.50%

B01

Health Planning Spec III

3.00%

D34

Supv Clerk

3.00%

D44

Supv Patient Business Sv Clk

3.00%

D86

Supv Assessment Clerk

3.00%

D94

Supv Account Clerk II

3.00%

D95

Supv Account Clerk I

3.00%

E2D

Telecomm/Facilities Mgr-SCVHHS

3.00%

M2M

Fleet Operations Manager

3.00%

B1P

Mgmt Analyst

1.00%

W1P

Mgmt Analyst-U

1.00%

M07

Fleet Mgr

3.00%

N60

Road Operations Superintendent

3.00%

B1N

Sr Mgmt Analyst

1.00%

S54

Chief Radiation Therapist

3.00%

W1N

Sr Mgmt Analyst-U

1.00%

X20

Supv Probation Counselor

1.00%

Y30

Social Services Prg Mgr III

1.25%

Y31

Social Services Prg Mgr II

1.25%

Y32

Social Services Prg Mgr I

1.50%

D56

Supv, Hlth Info Mgmt Svcs

2.00%

M21

Fleet Maintenance Supervisor

3.00%

G87

Chief Communications Disp

2.00%

G91

Supv Communications Dispatcher

2.00%

R17

Supv Respiratory Care Practnr

2.00%

U9D

Supv Protective Svcs Officer

2.00%

V14

Supv Environmental Health Spec

1.00%

H12          

Janitor Supervisor

2.00%

H1E 

Janitor Supervisor-U

2.00%

C4C

Asst Chief of Assessment Standards

2.00%

C46

Asst. Chief Appraiser

2.00%

C56

Asst Chief Auditor-Appraiser

2.00%

 

ARTICLE 3 – RETIREMENT

Effective June 22, 1992, (pay period 92/14), employees in the California Pension Retirement System (CalPERS or PERS) miscellaneous retirement system were eligible for the 2% at 55 Retirement Plan. The County of Santa Clara's increased contribution to PERS as a result of implementation of the 2% at 55 Retirement Plan, as well as existing Employer Paid Employee PERS contribution (“EPMC”) was reflected as part of the effective wages.

The County will maintain the lump sum death benefit to $5,000 and will continue to implement the pre-retirement optional settlement 2 death benefits.

Effective December 17, 2007, the County amended its contract with PERS for a 2.5% at 55 Plan for Miscellaneous employees. In consideration for this amendment,  the  County and CEMA agreed for that each employee covered under this enhanced benefit plan, the employee would to contribute to PERS, through payroll deduction effective December 17, 2007, an amount equal to 2.931% of PERS reportable wages towards the employer’s PERS share. The County and CEMA further agreed to eliminate all of the EPMC.

Classic miscellaneous employees shall refer to those employees who are eligible for and are placed in the 2.5% at age 55 retirement tier. Classic safety employees shall refer to those employees who are eligible for and are placed in the 3% at age 50 retirement tier.   Public Employee Pension Reform Act (PEPRA) miscellaneous employees shall refer to those employees who are eligible for and placed in the 2% at age 62 retirement plan.  PEPRA safety employees shall refer to those employees who are eligible for and are placed in the 2.7% at age 57 retirement tier.

PERS Contribution Amounts

Classic Miscellaneous:

Effective May 4, 2020, Classic Miscellaneous employees shall receive a 3% reduction to their PERS contribution rate, from 16.011% to 13.011%.  The employee shall pay the13.011% PERS contribution rate.  This rate is based on the following: 8.0% employee share, 2.931% employer share for the 2.5% at 55 enhancement to the Retirement Plan, and 2.08% employer share for the self-funded wage increase.  

Effective Pay Period 20/14 (June 15, 2020), Classic Miscellaneous employees shall receive a 2% reduction to their PERS contribution rate, from 13.011% to 11.011%.  This 11.011% PERS contribution rate represents the following: 8.0% employee share, 2.931% employer share for the 2.5 at 55 enhancement to the Retirement Plan, and 0.08% employer share for the self-funded wage increase.  Effective June 15, 2020 the employee shall pay 3.011% of PERS reportable wages to the employer’s PERS share and shall continue to pay the required 8.0% of PERS reportable wages to the employee’s PERS share for a combined total of 11.011% of PERS reportable wages paid to PERS.

During the remainder of the term of the MOA, Classic Miscellaneous employees shall continue to contribute 11.011%.

Classic Safety Probation:

Effective May 4, 2020, Classic Safety employees in the classifications of Probation Division Manager (X44) and Supervising Probation Counselor (X20) shall receive a 3% reduction to their PERS contribution rate, from 14.08% to 11.08%.  This 11.08% PERS contribution rate represents the following: 9.0% employee share and 2.08% employer share for the self-funded wage increase.  Effective May 4, 2020 the employee shall pay 2.08% of PERS reportable wages to the employer’s PERS share and shall continue to pay the required 9.0% of PERS reportable wages to the employee’s PERS share for a combined total of 11.08% of PERS reportable wages paid to PERS.

Effective Pay Period 20/14 (June 15, 2020), Classic Safety employees in the classifications of Probation Division Manager (X44) and Supervising Probation Counselor (X20) shall receive a 2% reduction to their PERS contribution rate, from 11.08% to 9.08%. This 9.08% PERS contribution rate represents the following: 9.0% to employee share and 0.08% employer share for the self-funded wage increase.  Effective June 15, 2020 the employee shall pay 0.08% of PERS reportable wages to the employer’s PERS share and shall continue to pay the required 9.0% of PERS reportable wages to the employee’s PERS share for a combined total of 9.08% of PERS reportable wages paid to PERS.

During the remainder of the term of the MOA, Classic Safety Probation employees shall continue to contribute 9.08%.

Classic Safety Parks:

Effective May 4, 2020, Classic Safety employees in the classifications of Manager of Park Ranger Operations (B6K) and Park Ranger Supervisor (T29) shall receive a 3% reduction to their PERS contribution rate, from 19.08% to 16.08%.  This 16.08% PERS contribution rate represents the following: 9.0% employee share and 7.08% employer share for the self-funded wage increase).  Effective may 4, 2020 the employee shall pay 7.08% of PERS reportable wages to the employer’s PERS share and shall continue to pay the required 9.0% of PERS reportable wages to the employee’s PERS share for a combined total of 16.08% of PERS reportable wages paid to PERS.

Effective Pay Period 20/14 (June 15, 2020), Classic Safety employees in the classifications of Manager of Park Ranger Operations (B6K) and Park Ranger Supervisor (T29) shall receive a 2% reduction to their PERS contribution rate, from 16.08% to 14.08%. This 14.08% PERS contribution rate represents the following: 9.0% employee share and 5.08% employer share for the self-funded wage increase.  Effective June 15, 2020 the employee shall pay 5.08% of PERS reportable wages to the employer’s PERS share and shall continue to pay the required 9.0% of PERS reportable wages to the employee’s PERS share for a combined total of 14.08% of PERS reportable wages paid to PERS.

During the remainder of the term of the MOA, Classic Safety Parks employees shall continue to contribute 14.08%.

PEPRA Miscellaneous:

Effective May 4, 2020, PEPRA Miscellaneous employees shall receive a 3% reduction to the portion of their PERS contribution rate that represents earlier self-funded wage increases, from 9.511% to 6.511%.  This 6.511% is a fixed amount which will not fluctuate. The remainder and additional amount of the PERS contribution rate to be paid by PEPRA Miscellaneous employees will be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.  Currently this rate, the “half the normal rate,” is 6.75%, which would be a total employee contribution rate of 13.261%.  This combined percentage amount may fluctuate based only on the “half the normal rate,” as set forth immediately above.  

Effective Pay Period 20/14 (June 15, 2020), PEPRA Miscellaneous employees shall receive a 2.25% reduction to the portion of their PERS contribution rate that represents earlier self-funded wage increases, from 6.511% to 4.261%.  This 4.261% is a fixed amount which will not fluctuate. The remainder and additional amount of the PERS contribution rate to be paid by PEPRA Miscellaneous employees will be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.  Currently this rate, the “half the normal rate,” is 6.75%.  This percentage amount may fluctuate as set forth immediately above.  

During the remainder of the term of the MOA, PEPRA Miscellaneous employees shall continue to contribute 4.261% to this portion of the PERS contribution rate that represents earlier self-funded wage increases.  The remainder of their PERS contribution rate for PEPRA Miscellaneous employees shall be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.

PEPRA Safety:

Effective May 4, 2020, PEPRA Safety employees shall receive a 3% reduction to the portion of their PERS contribution rate that represents earlier self-funded wage increases, from 8.330% to 5.330%.  This 5.330% is a fixed amount which will not fluctuate. The remainder and additional amount of the PERS contribution rate to be paid by PEPRA Miscellaneous employees will be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.  Currently this rate, the “half the normal rate,” is 11.250%.  This percentage amount may fluctuate as set forth immediately above.

Effective Pay Period 20/14 (June 15, 2020), PEPRA Safety employees shall receive a 2.25% reduction to the portion of their PERS contribution rate that represents earlier self-funded wage increases, from 5.330% to 3.08%.  This 3.08% is a fixed amount which will not fluctuate. The remainder and additional amount of the PERS contribution rate to be paid by PEPRA Miscellaneous employees will be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.  Currently this rate, the “half the normal rate,” is 11.250%.  This percentage amount may fluctuate as set forth immediately above.  

During the remainder of the term of the MOA, PEPRA Safety employees shall continue to contribute 3.08% to this portion of the PERS contribution rate that represents earlier self-funded wage increases.  The remainder of their PERS contribution rate for PEPRA Safety employees shall be determined by CalPERS actuaries each fiscal year pursuant to the Public Employees’ Pension Reform Act of 2013.

 

ARTICLE 4 – SHIFT ROTATION

For employees in this unit, who are assigned shift work, the matter of shift rotation is a proper subject for discussion with their manager. If the manner in which shifts are assigned is not agreeable to a majority of the employees, or if CEMA requests, a meeting shall be held with an executive level manager of that area. If, following this meeting, issues still remain for discussion, upon request, CEMA may meet with the appropriate department/agency head and the Department of Labor Relations. The department/agency head will make the final decision on all unresolved issues.

ARTICLE 5 – INSURANCE PREMIUMS

Section 5.1 – Medical Insurance

The County and covered employees shall share in the cost of medical plan premiums. The County, in order to provide one health plan where there is not premium sharing, shall continue to offer Valley Health Plan without premium sharing.

The employee share per pay period shall be as follows:

Valley Health Plan (VHP) $0 Employee only, $0 Employee and Adult; $0 Employee and child(ren), $0 Family

HMO (currently Kaiser) plan $6.73 of the cost of the medical plan premium for  Employee only, $12.12 of the cost of the medical plan premium for Employee and child(ren), $14.14 of the cost of the medical plan premium for Employee and Adult, $19.52 of the cost of the medical plan premium for Family

Point of Service (currently HealthNet) Plan $12.85 of the cost of the medical plan premium for Single, $27.21 of the cost of the medical plan premium for Family.

For County employees occupying permanent part-time positions who work a minimum of 40 hours per pay period, the County will pay a prorated portion of the medical plan premiums described above based upon the covered worker’s standard hours.  

The HMO plan design shall be:

$10 co-payment for office visits, 

$35 co-payment for emergency room visits, 

$5-$10 co-payment for prescriptions (30-day supply)

$10-$20 co-payment for prescriptions (100-day supply) 

$100 co-payment for hospital admission

The Point of Service Plan design shall be:

$15/$20/30% (Tiers 1/2/3) co-payment for office visits 

$50/$75/30% co-payment for emergency room visits 

$5/$15/$30 (generic/brand/formulary) co-payment for prescription (30-day supply)

$10/$30/$60 co-payment for prescription (90-day supply).

Hearing aid coverage shall be continued in all health plans.

Effective June 23, 2014, the County will pay the total premium for the employee-only premium while on medical, maternity or industrial injury leave of absence up to thirteen (13) pay periods.

Upon request, the parties agree to meet to discuss the possibility of modifying VHP into two separate plan designs. No change to the plan designs listed above may occur except by mutual agreement of the parties.

High Deductible Health Plan (HDHP)

The parties agree to investigate the feasibility of adding by mutual agreement a High Deductible Health Plan (HDHP) with or without Health Savings Account (HSA) or Health Reimbursement Account (HRA) as and an option to current health plans.

Section 5.2 – Dental Insurance

The County agrees to contribute the amount of the current monthly insurance premium for dental coverage to cover the employee and full dependent contribution. The existing Delta Dental Plan coverage will be continued in accordance with the following schedule:

Basic and Prosthodontics: 75-25 - no deductible. $2,000 maximum per patient per calendar year.

Orthodontics:  60-40 - no deductible. $2,000 lifetime maximum per patient (no age limit).

The County will pick up inflationary costs for the term of the agreement.

The County will continue to provide an alternative dental plan. The current alternative dental plan is Liberty Dental. The County will contribute up to the same dollar amount to this alternative dental plan premium as is paid to the Delta Dental Plan.

Section 5.3 – Life Insurance

The County agrees to provide the same Basic Group Life Insurance Plan for the term of the Agreement as is provided under agreements with other bargaining units. The present policy is $50,000 per employee.  

Section 5.4 – Vision Care Plan

The County agrees to provide a Vision Care Plan for all employees and dependents. The Plan will be the Vision Service Plan - Plan A with benefits at 12/12/24 month intervals with twenty dollar ($20.00) deductible for examinations and twenty dollar ($20.00) deductible for materials. The County will fully pay the monthly premium for employee and dependents and pick up inflationary costs during the term of this agreement.

Section 5.5 – County-wide Benefits

The parties agree that, during the term of this Agreement, County-wide changes in benefits, such as medical, dental, life insurance, vacation, sick leave, holidays, or retirement, shall be applied to employees in this unit.

Section 5.6 – Medical Benefits for Retirees

a)   For employees hired on or after August 12, 1996.

The County shall contribute an amount equal to the cost of Kaiser retiree-only medical plan premium to the cost of the medical plan of employees who have completed eight (8) years of service (2088 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or domestic partner (as defined in the Domestic Partner section of this Agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree.

b)   For employees hired on or after June 19, 2006.

The County shall contribute an amount equal to the cost of Kaiser retiree-only medical plan premium to the cost of the medical plan of employees who have completed ten (10) years of service (2610 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or domestic partner (as defined in the Domestic Partner section of this Agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree.

c)   For employees hired on or after August 19, 2013.

The County shall contribute an amount equal to the cost of Kaiser retiree-only medical plan premium to the cost of the medical plan of employees who have completed fifteen (15) years of service (3,915 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or domestic partner (as defined in the Domestic Partner section of this agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree.

  1. Such years of service expressed in a), b) and c) above must be continuous service with the County and shall have been completed immediately preceding retirement directly on PERS from the County.

  1. Employee Contribution Toward Retiree Medical Obligation Unfunded Liability.

All coded employees shall contribute on a biweekly basis an amount of $15.00.  Such contributions are to be made on an after-tax basis and employees shall have no vested right to the contributions made by the employees. Such contributions shall be used by the County exclusively to offset a portion of the County’s annual required contribution amount to the California Employers Retirement Benefit Trust established for the express purpose of meeting the County’s other post employment benefits (OPEB) obligations and shall not be used for any other purpose. 

Section 5.7 Retiree Health Reimbursement Account Reopener

During the month of July 2022 (Year 3 of the contract), Union and the County agree to open discussions on a Retiree Health Reimbursement Account or equivalent.  The County and Union agree that no implementation of a Retiree Health Reimbursement Account or equivalent shall occur except upon mutual agreement.

During the month of July 2022, the County and Union further agree to identify certain items, if any, that will only be reopened by written mutual agreement. The items to be considered for reopening will not include salary, benefit contribution and pension contributions.  The County and Union will meet and confer if an item is reopened by mutual agreement.

This section is only valid during the term of this agreement.

 

ARTICLE 6 – DOMESTIC PARTNERS


Registered Domestic Partners
County employees who have filed a Declaration of Registered Domestic Partnership in accordance with the provisions of Family Code 297-297.5 shall have the same rights, and shall be subject to the same responsibilities, obligations as are granted to and imposed upon spouses. The terms spouse in this contract shall apply to Registered Domestic Partners.

Tax Liability 
Employees are solely responsible for paying any tax liability resulting from benefits provided as a result of their domestic partnership. 
 

ARTICLE 7 – STATE DISABILITY INSURANCE (SDI)

The County and CEMA agree as follows regarding coverage of the Supervisory-Administrative Unit by the State Disability Insurance plan (SDI):

a)   The County will continue registration of the Supervisory- Administrative Unit with the director of Employment Development Department for the purposes of SDI coverage for represented employees.

b)   The Controller's Office shall withhold wage earner contributions each pay period at the rate set pursuant to the Unemployment Insurance Code and forward the funds to the State Disability Fund.

c)   Within one week of being disabled from work, the employee or his/her representative must contact the office designated by the County to provide information on the following:

1.   The date the disability/illness commenced;

2.   The estimated duration of the disability

3.   A phone number where the employee can be reached;

4.   The election of sick leave/scheduled time off usage during the first week of disability;

5.   Whether or not the employee is planning to file for SDI;

6.   The election to integrate sick leave and scheduled time off pay with SDI benefits.

d)   An employee who is determined to be eligible to receive SDI benefits and who has made timely election to integrate shall be paid a biweekly amount (sick leave/scheduled time off) which, when added to SDI benefits, shall approximately equal his/her normal biweekly net pay after taxes. Such warrants will be issued on normal County paydays.

If notification is not received, no integration of sick leave or scheduled time off will be effected. However, one time only, the employee may elect integration and it shall be implemented at the start of the next pay period. In such case, integration payments shall be made prospective only.

The employee will have the responsibility to notify the office designated by the County of any change in status (either health or length of disability) that may affect his/her return to County employment.

 

ARTICLE 8 – PROFESSIONAL DEVELOPMENT ALLOWANCE AND                           EDUCATIONAL LEAVE

Effective May 4, 2020, the County will fund a Tuition Reimbursement Program and a Professional Development Program. The maximum County expenditures for these programs shall not exceed three hundred fifty thousand dollars ($350,000) per fiscal year during the term of this Agreement. The amount will be rolled over from year to year during the term of the agreement.  The County shall provide an accounting of funds on a quarterly basis. 

Employees in CEMA represented classifications shall not be required to utilize professional development or tuition reimbursement for County mandated training.

Section 8.1 – Tuition Reimbursement Program

The training undertaken must be related to the employee's occupational area or have demonstrated value to the County. Total reimbursement shall be limited to three thousand dollars ($3,000) during fiscal year 2015. If authorized courses are only available during working hours the employee must make up 25% of the time away from the job. All requests regardless of their status (approved/denied by the supervisor) shall be forwarded within ten business days to Learning and Employee Development for review. The County will notify CEMA of the denied requests. Specifics of the program will be set by the CEMA/County committee listed in Section 8.2. 

Below are additional expenses eligible for reimbursement under this section which must be professionally related in the employee’s occupational area: 

  • Online courses 
  • Digital media courses and materials
  • Digital or Print Professional journals, magazine subscriptions and/or books

Section 8.2 – Professional Development Program

This fund shall cover group and individual programs and one annual individual professional membership or professional forum on a matching basis. The matching expenses shall be on a 50/50 basis for individual programs and 25/75 CEMA/County basis for group programs. The maximum draw per employee per fiscal year is limited to three thousand dollars ($3,000).  All requests regardless of their status (approved/denied by the supervisor) shall be forwarded within ten business days to Learning and Employee Development for review. The County will notify CEMA of the denied requests. Individual and group programs are subject to approval by a County/CEMA committee which administers the programs, including the selection of group programs and approval of programs selected by individuals.

 

ARTICLE 9 – TRAINING FUND

The County has established a Manager/Supervisor Program for the purpose of training all managerial and administrative professional staff. All CEMA represented employees will have an opportunity to attend the Manager/Supervisor Program courses. 

The County has set aside eighty five thousand dollars ($85,000) per fiscal year during the term of this Agreement to conduct this training program for all CEMA represented employees. The County shall maintain control of program design, and funds not expended shall be rolled over from year to year during the term of the Agreement. Specifics of any program beyond the Manager/Supervisor Program will be set by the CEMA/County committee listed in section 8.2 - Professional Development Program.  

The County shall provide an accounting of the funds on a semi-annual basis to CEMA. The County agrees to meet no less than quarterly with the CEMA Professional Development Committee to discuss input to the training program.

 

ARTICLE 10 – UNIFORM ALLOWANCE

Effective May 4, 2020, a yearly uniform allowance of Five Hundred and Fifty Dollars ($550) shall be payable to the following eligible employees: Park Maintenance Supervisor, Supervising Custody Support Assistant, Supervising Protective Services Officer, Emergency Medical Services Specialist, Law Enforcement Records Manager and Law Enforcement Records Supervisor. The following safety employees shall receive Eight Hundred Fifty dollars ($850) annually:  Manager of Park Ranger Operations and Park Ranger Supervisor.  Said uniform allowances shall be payable as follows during the term of the Memorandum of Agreement.

The uniform allowance ($550 or $850) shall be divided by the number of pay periods in the payroll calendar year (26 or 27 pay periods depending on payroll calendar year) and the quotient shall be paid to the employee each pay period.  

The uniform allowance shall not be paid for any pay periods in which the employee is in an unpaid status for the complete pay period.  The uniform allowance shall be prorated for code status (full time employee or part time employee).

Newly hired employees shall receive the uniform allowance beginning on their pay period of hire.  Newly hired employees shall not be paid the uniform allowance retroactively to the first pay period of the payroll calendar year.

Effective May 4, 2020, Supervising Probation Counselors shall receive an annual uniform allowance in the form of a Five Hundred and Fifty Dollar ($550) voucher.

During the term of this agreement, the County may designate specific classification(s) which may be required to wear a standardized uniform or standardized uniform items for business purposes.  If such a designation is made, the union shall be afforded an opportunity to meet and confer with the County over the amount of the annual uniform allowance, which will not exceed Eight Hundred Fifty Dollars ($850) annually.  The meet and confer process shall not be subject to impasse procedures or fact finding.

 

ARTICLE 11 – FEDERAL, STATE and/or COUNTY MANDATED LICENSURE/CERTIFICATION FUND

Effective May 4, 2020, the County shall provide up to one hundred percent (100%) reimbursement to all CEMA represented employees for the cost of Federal, State and/or County mandated license(s) and/or certificate(s) (excluding driver licenses) that are required pursuant to the employment standards stated in the job specifications. 

Section 11.1 – General Provisions

a)   

b)   Employees shall not lose any rights to this reimbursement due to reclassification or retitling of a classification provided that the new classification  continues to require Federal, State or County mandated license(s) and/or certificate(s) pursuant to the job specification employment standards.

c)   During the term of this Agreement, should Federal, State and/or County Legislation be passed mandating licensure for additional classifications represented by CEMA, or modifying existing mandated licensure for any of the classes represented by CEMA, the County and CEMA shall meet and confer over their inclusions in this provision.

d)   This reimbursement shall apply to all employees in classifications represented by CEMA effective May 4, 2020, who are required by the Federal, State or County to pay required licensure/certification fees which are required pursuant to the employment standards stated in the job specification. Eligible employees may only apply for license/certification reimbursement once per annum during the term of this Agreement.

e)   Total reimbursement for each eligible employee will not exceed one hundred percent (100%).

Section 11.2 – Federal, State and/or County Mandated License and Certification Fee Reimbursement

a)   During the term of this Agreement, all eligible employees whose Federal, State and/or County mandated license/certificate expires during the term of this Agreement, must present a receipt showing proof of payment and/or the renewed license/certificate within thirty (30) working days after the expiration of the license/certificate to receive reimbursement.

b)   Requests for reimbursement are to be submitted on the form provided by the County.

 

ARTICLE 12 – Work Out Of Classification (WOOC)_

Employees within the bargaining unit will receive compensation for additional higher level duties assigned and performed during the temporary absence of an incumbent in a higher classification. The temporary absence may be the result of the higher level employee being absent from duty or as a result of the higher level employee being temporarily re-assigned to perform a special assignment.  Such payment will be made consistent with the promotional pay procedures under the Merit System Rules and will only apply where the assignment is made for a period of one (1) working day or more.  Employees on an approved vacation are excluded from receiving WOOC pay.  When such pay for higher-level duties is appropriate under these terms and conditions, it will commence on the first day of the assignment and continue throughout the duration thereof. Application of WOOC as a result of the higher classification’s incumbent’s reassignment requires the approval of the County Executive.  It shall be the responsibility of the appointing authority to ensure that there are sufficient appropriations for the WOOC assignment.  No WOOC assignment may be made to a position for longer than twenty-six pay periods. 

Application of WOOC may be extended to vacancies only upon the approval of the County Executive.  The provisions described above are also applicable to WOOC coverage for vacant positions.  An employee assigned WOOC to a fill a vacant must meet the minimum qualifications for the higher-level position.

 

ARTICLE 13 – LATERAL TRANSFER

When making a lateral transfer or demotion to another class, an application review by the Personnel Director shall be deemed an appropriate qualifying examination for CEMA employees in instances where a qualifying examination is required. If otherwise qualified under this provision and the only prohibition to lateral transfer is the salary of the new class, it shall be deemed to be a lateral transfer if the move from one classification to another does not exceed fifteen percent (15%) upward range movement.

 

ARTICLE 14 – STO AND SICK LEAVE

Section 14.1 – Scheduled Time Off

The parties have agreed to a Scheduled Time Off (STO) program which covers all former paid leave.

a)STO Bank Accrual

Each employee shall be entitled to annual Scheduled Time Off. Scheduled time off is earned on an hourly basis. For purposes of this section, a day is defined as eight (8) work hours. Effective the first pay period following Labor Day, September 4, 2006 holidays shall be separated from STO and paid as they are observed. If an employee is required to or assigned to work a holiday, he/she shall have the option of taking an alternate day off at a time mutually agreed upon by the appropriate supervisor or receiving an STO add-back of one day. The accrual schedule shall be as follows:

Total Service Years & Work Day Equivalent

Yearly Accrual in Work Days

Accrual Factor Per Hour

Accrual Factor Per PP

Maximum* Allowable Balance

1st year

19

.073075

5.846

57 work days

1st through 261 days

(456 hours)

2nd through 4th year

21

.080769

6.461

63 work days

262 through 1044 days

(504 hours)

5th through 9th year

25

.096153

7.692

75 work days

1045 through 2349 days

(600 hours)

10th through 14th year

27

.103846

8.307

81 work days

2350 through 3654 days

(648 hours)

15th through 19th year

29

.111538

8.923

87 work days

3655 through 4959 days

(696 hours)

20th and thereafter

31

.119230

9.538

93 work days

4960 days

(744 hours)

*Base (includes one additional day).

  1. Separate STO Bank

Any STO hours that exceed the cap when it is lowered, will be placed into a separate leave bank and the hours will be available to be used as STO.  The separate leave bank will have a “sunset” date in twenty (20) years (from June 25, 2012); however, unused hours in the bank cannot be lost.  Excess hours and a few additional hours will be moved into the separate leave bank so that employees who are very near, but not over, the reduced cap will not immediately be at the cap in the first pay period.

c)   Pre-Scheduled Usage

Scheduled Time Off may be used for any lawful purpose by the employee; the time requested shall require the approval of management with due consideration of employee convenience and administrative requirements.

d)   Scheduled Time Off Bank Carry Over

In the event the employee does not take all the scheduled time off to which entitled in the succeeding twenty-six (26) pay periods, the employee shall be allowed to carry over the unused portion, provided that the employee may not accumulate more than three (3) years' earnings except:

1.   When absent on full salary due to work-related compensation injury which prevents the employee reducing credits to the maximum allowable amount, or

2.   In the case of inability to take paid time off because of extreme emergency, such as fire, flood or other similar disaster, an additional accumulation may be approved by the County Executive.

If the appointing authority does not provide vacation for an employee sufficient to reduce accumulated STO balance to the maximum allowable balance permitted, the employee may take vacation as a matter of right immediately before the end of the pay period in which the STO would be lost.

e)   Scheduled Time Off Bank Pay-Off

Upon termination of employment an employee shall be paid the monetary value of the earned Scheduled Time Off balance as of the actual date of termination of employment.

Section 14.2 – Sick Leave Bank Accrual

a)   Sick leave Bank Accrual

Each employee shall be entitled to an annual sick leave bank accrual. Sick leave is accrued on an hourly basis and computed at the rate of sixty-four (64) hours per year and may be accrued without limitation. The accrual factor per hour is .030769 and the accrual factor per full pay period is 2.462.

b)   Prior Contract History

Four days (32 hours) of sick leave were converted into the STO accrual leaving employees to accrue 8 days (64 hours) of sick leave instead of 12 days (96 hours).  These additional four days of STO were integrated into the STO yearly accrual rate (Section 14.1 a). 

c)   Family Care Usage

An employee is entitled to use one-half (1/2) of his/her annual accrued leave in order to care for a sick or injured member of the employee's immediate family requiring care. "Immediate family" shall mean the mother, father, grandmother, grandfather of the employee or of the spouse or of the domestic partner of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, the employee’s brother or sister, or any other person living in the immediate household of the employee.

d)   Doctor's Notes

Request for sick leave with pay in excess of three (3) working days must be supported by a statement from an accredited physician. Management may require such a supporting statement for absences less than three (3) days.

e)   Bereavement Leave

Leaves of absence with pay shall be granted employees in order that they may discharge the customary obligations arising from the death of a member of their immediate family. "Immediate family" shall mean the mother, father, grandmother, grandfather of the employee or of the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother, sister, brother-in-law, sister-in-law, or grandchild of the employee or any person living in the immediate household of the employee. Up to five (5) days with pay shall be granted. The first two (2) days shall not be charged to any employee bank. If necessary, the third, fourth and fifth days shall be charged to the sick leave bank. Up to an additional three days, two of which are chargeable to sick leave and the third day not charged to any accumulated balance, is authorized if out-of-state travel is required.

f)   Sick Leave Bank Pay Off

Upon death, retirement or resignation in good standing, an employee shall be paid for any balance in the sick leave bank at the following rate.

                         Days of Service                     % Paid at

                        0 through 2610                        0%

                        2611 " 2871                           20%

                        2872 " 3132                           22%

3133 " 3393                           24%

3394 " 3654                            26%

3655 " 3915                           28%

3916 " 4176                           30%

4177 " 4437                           32%

4438 " 4698                           34%

4699 " 4959                           36%

4960 " 5220                           38%

5221 " 5481                            40%

5482 " 5742                           42%

5743 " 6003                           44%

6004 " 6264                           46%

6265 " 6525                           48%

6526 " accumulation               50%

g)   Reinstatement Pay Back

Employees receiving a sick leave bank payoff in accordance with Section f) may, if reinstated within one (1) year, repay the full amount of sick leave bank payoff received and have the former sick leave bank balance restored. Repayment in full must be made prior to reinstatement.

h)  STO Cash Out

Employees who use no more than 24 hours of sick leave for a period of one year beginning pay period 19/01 December 17, 2018 through pay period 19/26 December 15, 2019, and each December to December period thereafter during the term of this agreement, May 4, 2020 through June 23, 2024, shall be allowed to cash out forty (40) or eighty (80) hours of STO (for no more than a total of 80 hours).  Eligible employees shall submit their request to ESA Human Resources during the month of January and payment shall be made during the month of February.

Sick leave charged for any purpose (i.e., bereavement leave) is used to determine STO cash out eligibility.   

Section 14.3 – Administrative Leave

a)The County will supply the Union with a list of represented employees who are on administrative leave on a monthly basis.  The list will include the type of administrative leave and current status.  The list will be supplied via e-mail to cemanotifications@sccema.org.

b) The County will make reasonable efforts to limit the length of time that employees are placed on paid administrative leave to twenty-six (26) pay periods or less. The County and the Union recognize that there may be circumstances warranting paid administrative leave for a period of time greater than 26 pay periods.  Such circumstances include, but are not limited to, Equal Opportunity Department investigation, Fitness for Duty, law enforcement investigation, adjudication of Civil or Criminal trials or investigations involving outside agencies such as EEOC or DFEH.  The Appointing Authority (or designee) may use an extra help assignment or a WOOC assignment to perform the work of the employee(s) placed on paid administrative leave.  If such an assignment is made, it shall be made in compliance with MOA Article 12 or Ordinance Section A25-188.

Employees subject to the Public Safety Officers Procedural Bill of Rights Act (“POBAR”) of 1974 are excluded from this section.

Section 14.4 – Administrative Time Off (ATO) and FLSA – Exempt Employees

Most CEMA represented employees are designated by the County as “exempt” employees under the Fair Labor Standards Act (FSLA). Employees who are designated as “exempt” are salaried employees who are expected to work the number of hours necessary to fulfill the duties of the position without overtime pay.  Depending on the circumstances, employees may work more or less than forty (40) hours in any particular week. 

a) ATO Defined 

Recognizing the above, FLSA-exempt employees may be granted ATO without charge to any leave bank. ATO may be granted regardless of hours worked from their regular schedule. 

b) ATO Requests 

An employee may request ATO for any purpose without the necessity to state a reason. 

Employees shall request ATO in advance when possible.  ATO is typically in increments of less than one day.  For a full day’s absence under ATO an executive manager’s approval is required. The County should not deny an individual request for ATO absent a legitimate business reason. 

The County may temporarily issue a blanket ATO usage denial for a legitimate business reason. 

ARTICLE 15 – LAYOFF PROCEDURES

When the County determines that a layoff is imminent within the bargaining unit, it shall give the Union such advance notice as is reasonable under the circumstances.  Such notice shall describe the general areas which may be affected and the circumstances requiring the layoff.  Upon request, the Union shall be afforded the opportunity to meet with the County to discuss these matters and any proposed alternatives. 

Section 15.1 – Seniority Defined

Except as otherwise provided in Section 15.2, seniority is defined as days of accrued service within any coded classification with the County. For layoff purposes all time on Worker's Compensation and Military Leave shall be added to this computation.

Section 15.2 – Transfer of Prior Agency Service

If a function of another agency is transferred to the County, the seniority of employees who transfer with the function shall be computed based upon application of the definition of Section 15.1, to each employee's prior service with the other agency.

Section 15.3 – Changes to Classes

To the extent possible, employees should not lose their rights under this article because classes have been revised, established, abolished or retitled.

Section 15.4 – Order of Layoff

  1. Bilingual Designation - The department shall at least annually determine the number of positions in each classification that require a specific skill paid for through a differential. The number of such positions must be approved by the Director of Personnel. In all cases the employees in the department certified in that skill shall be retained in order of seniority until the requisite number of skill-positions are filled.  The parties agree that the term "skill" as used in this section relates to bilingual skills.

  1. Special Skills – Before each layoff, the department may identify one or more position(s) that require one or more special skills, abilities or knowledge areas (for simplicity “skills”) that it believes must be retained. The list of criteria below is not an exhaustive list, and management may provide other criteria if it can demonstrate the operational need for the particular skills(s).

  1. Cannot perform the work without the special skill as determined by an outside entity (e.g., legal, regulatory, certification).

  1. The skill is tied to grant funding. 

  1. The skill is required and/or was recruited for as part of selective certification or the recruitment process when the position was last filled. 

  1. The position has previously been designated as requiring a special skill and the underlying conditions remain the same.  

ESA will review the request to retain the position that requires the special skill(s) and send the recommendation to retain the position to CEMA.  CEMA will have ten (10) County business days to review the recommendation and request to meet and confer.  If there is no agreement, the employee shall remain in seniority order for the purposes of the layoff.

If the parties agree that the skill(s) required to perform the duties of the position are to be retained, there shall be a determination of which employees within the classification possess the required skills.   This may result in an employee, with the skill(s), being retained out of seniority order. 

If there is more than one employee within the classification who possesses the skill(s), and is subject to layoff, then seniority as defined under section 15.1 and order of layoff outlined in section 15.4 c) will determine the lay off between the employees who possess the skills.  

If a less-senior employee’s layoff notice is rescinded, and the less-senior employee is recalled due to the special skill and in that process the employee with more seniority is bypassed and laid off from the classification, then the more-senior affected employee will be placed on the re-employment list. 

In addition, the more senior affected employee shall be eligible for additional consideration in the layoff and re-employment process:

  1. Inplacement – The employee can elect to be considered for in-placement instead of returning to former class.
  2. Second-Inplacement – The employee may be considered for another inplacement if the first inplacement was not a good fit as determined by ESA and CEMA.
  3. Probationary Period – The parties may mutually agree to extend the probationary period for the inplacement.
  4. Re-employment List – The affected employee will remain on the re-employment list until re-employed, provided the employee has not declined two offers of re-employment within the same classification or equivalent classification. Refusal to accept one of the two offers of re-employment shall cause the name of the person to be dropped from the re-employment list.
  5. Training – ESA will make every effort to work with the Department to develop a training plan to assist the employee in the new inplacement position.

  1. Except as set forth earlier, in this section regarding special skills and bilingual designation, when one (1) or more employees performing in the same class in a County department/agency are to be laid off, the order of layoff in the affected department/agency shall be as follows:

1.            Provisional employees in inverse order of seniority.

2.            Probationary employees in inverse order of seniority.

3.            Permanent employees in inverse order of seniority.

Section 15.5 – Notice of Layoff

Employees subject to the provisions of this article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The procedures listed below shall be applied prior to the effective date of the layoff.

Section 15.6 – Reassignment in Lieu of Layoff

a)   Vacant Code in County

In the event of notice of layoff, any employee so affected will be allowed to transfer to a vacant position the County has determined to be filled in the same classification in any County department/agency.

b)   Former Classification

In the event there are no vacancies as listed in a) above, an employee will be offered a vacant position in any classification at the same level in which permanent status had formerly been held, first in the affected department/agency and then County-wide.

c)   Displacement

In the event there are no vacancies as listed in a) or b) above, the employee shall have the right, upon request, to be returned to any classification in the department/agency at the same level in which permanent status had formerly been held and the regular layoff procedure in that same level shall apply.

d)   Lower Level Classifications

In the event that an employee does not have enough seniority to claim a position under b) or c) above, those sections shall be applied to each subsequent lower level classification in which permanent status had formerly been held.

Section 15.7 – Layoff

In the event that an employee is not reassigned in lieu of layoff as in Section 15.6 above, the employee shall be laid off. If an employee elects not to exercise the rights in Section 15.6(c) he/she may be deemed to have been offered and to have declined such work.

Section 15.8 – Inplacement

If an employee has been issued a layoff notice pursuant to Section 15.5, Notice of Layoff, and has no reassignment in lieu of layoff rights pursuant to Section 15.6 or 15.7 then that employee shall be considered for inplacement.

Inplacement is an offer of transfer (within specific wage bands) or demotion to an employee with a layoff notice to a vacant position which the County intends to fill during the layoff notice period.

The following conditions apply to the inplacement process:

  1. An employee must be qualified to transfer or demote. The Personnel Director shall determine qualifications

  1. Testing requirements will be the same as if the employee had been reclassified.

  1. In determining qualifications and possible positions, transfers and demotions to both related and non-related classes may be considered.

  1. Transfer will be deemed a "lateral transfer" if movement from one class to another does not exceed an upward salary change of fifteen percent (15%).

  1. Normal transfer (ordinance code) rules apply (i.e.: the employee can be taken on a permanent or probationary basis at the discretion of the appointing authority). If an employee has underlying permanent status the probationary period following the transfer shall be considered a subsequent probation. Consistent with this status, the employee on a subsequent probation with underlying permanent status, has Personnel Board appeal rights.

  1. The employee may express a preference for certain occupational fields, appointments or departments. However, the employee has no right to claim any position nor is the County required to offer inplacement.

  1. The position shall not be considered "vacant" for inplacement purposes if the position has been identified as claimable under Section 15.6(a), or (c) by another employee who has been issued a layoff notice under Section 15.5, Notice of Layoff, or by an employee on a re-employment list established pursuant to Section 15.9., Re-employment List.

  1. An employee who is placed under this inplacement section or laid off under Section 15.7 shall have his/her name placed on all re-employment lists pursuant to the appropriate classification

  1. In determining placement offers, CEMA and the County, on a case by case basis, may by mutual agreement include as part of the placement offer:

1.         basic skill competency training and/or;

2.         literacy training and/or;

  1. other methods (other than transfer or demotion) of filling vacant positions that do not violate Merit System principles or County Ordinance Code provisions.

  1. All inplacement offers must be made and accepted or rejected prior to the effective date of the layoff notice. Time permitting, the Personnel Department may assist employees on the re-employment list in addition to those workers with layoff notices. Such employees shall be entitled to all provisions of this Agreement.

  1. If an employee is not placed by the effective date of the layoff notice, he/she shall be laid off under the provisions of the layoff notice.

Section 15.9 – Re-employment List

  1. The names of such probationary and permanent employees reassigned or laid off in accordance with Section 15.6(b), (c), or Section 15.7 of this article shall be entered upon a re-employment list in inverse order as specified under Section 15.4. Upon certification of the re-employment list to the appointing authority, the person standing highest on a re-employment list for a particular classification when a vacancy exists in that classification in any department/agency shall be offered the appointment. Employees on re-employment lists shall retain the right to take promotional exams and/or receive promotional preference on exams. The re- employment lists shall take precedence over all other methods of appointment.

  1. When required by the needs of the department and approved by the Director of Personnel, selective certification may be utilized to re-employ employees with particular skills as listed in Section 15.4.

Section 15.10 – Temporary Work for Laid Off Employees

Interested employees who are placed upon the re-employment list due to layoff and who elect to be available for temporary work shall be given preference for such work in their former department/agency in the classification from which they were laid off. The election to be available for temporary work must be made at the time of layoff. Employees may decline to be available for temporary work or may decline such work itself without affecting any rights under this article.

Section 15.11 – Names Dropped from Re-employment List

No name shall be carried on a re-employment list for a period longer than two (2) years, and the names of persons re-employed in a permanent position within the same classification shall, upon re-employment, be dropped from the list. Refusal to accept the one of two offers of re-employment within the same classification, shall cause the name of the person to be dropped from the re-employment list.

Section 15.12 – Rights Restored

Upon re-employment of an employee from a re-employment list, all rights acquired by an employee prior to his/her placement on such list shall be restored.

 

ARTICLE 16 – GRIEVANCE PROCEDURE

Section 16.1 – Grievance Defined

a)   Definition

A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Agreement, Merit System Rules, or other County ordinances, except as excluded under b) below.

b)   Matters Excluded From Consideration Under the Grievance Procedure

  1. Performance Evaluations/Management Planning and Appraisal Report
  2. Probationary release of employees
  3. Position Classification
  4. Caseload
  5. Merit System Examinations
  6. Items requiring capital expenditures
  1. Items within the scope of representation and subject to the meet and confer process
  2. Disciplinary Actions taken under Section 708 of the Charter
  3. Denials of Alternate Work Schedules and Telework
  4. Compaction Review Process and Outcomes
  5. Workload

Section 16.2 – Grievance Presentation

a)   Informal Resolution

The employee(s) shall discuss the grievance with his/her immediate supervisor within ten (l0) working days of the occurrence or discovery of an alleged grievance. Within ten (l0) working days, the supervisor shall give his/her decision to the employee. A group grievance shall proceed in the same manner.

b)   Formal Grievance

1)  Step One - Within ten (l0) working days if the employee is not satisfied with the response from the supervisor or the employee has not received a response within the ten (l0) working day limit, the employee or CEMA may present the grievance in writing to the Office of Labor Relations.   The grievance form shall contain information which:

  1. Identifies the aggrieved;

  1. The specific nature of the grievance;

  1. The time or place of its occurrence;

  1. The section of the MOU or other sections identified in Section 16.1 alleged to have been violated, improperly interpreted, applied or misapplied;

  1. The consideration given or steps taken to secure informal resolution;

  1.  The corrective action desired; and,

  1. The name of any person or representative chosen by the employee to file the grievance on his/her behalf.

2)   Step One - Decision

  1. A decision shall be made by Labor Relations in writing within twenty (20) working days of receipt of the grievance.  A copy shall be sent to CEMA and this copy shall dictate the time limits.

  1. At the request of either party, a meeting will be held within twenty (20) working days of receiving the grievance, for the purpose of a mutual exchange of information.  If such a meeting is requested, the decision shall be due twenty (20) working days from the date of the meeting.

  1. Existing grievances shall not be amended to include additional alleged violations.

3)   Step Two - If the aggrieved continues to be dissatisfied, CEMA may, within twenty  (20) working days after receipt of the Step One Decision, request that the grievance be referred  to an impartial arbitrator mutually agreed upon or jointly selected from a panel provided in section 16.4.  The arbitrator's compensation and expenses shall be borne equally by the Union and the County.

            The decision made by the arbitrator shall be final and binding.

Section 16.3 – Pre-Arbitration

All parties will attempt to stipulate or agree on the issue(s)/question(s) to be submitted to an arbitrator.

The Arbitrator shall be advised of and agree to the following provisions:

1.Within twenty (20) working days of receipt of the grievance at Step Two, one (1) arbitrator shall be selected from the panel and the parties shall use their best efforts to schedule a hearing within thirty (30) calendar days.  At this time the parties will stipulate whether to provide pre-hearing briefs.

2.If the selected arbitrator cannot be scheduled within one hundred twenty (120) calendar days, the parties will mutually agree to either another arbitrator or extend the time limits for the hearing.

3.Arbitration proceedings shall be recorded but not transcribed except at the request of either party or the arbitrator. If a transcript is prepared, the parties shall share equally in the cost.  Upon mutual agreement, the County and the Union may submit written briefs to the arbitrator for decision in lieu of the hearing. The parties may submit pre- and or post-hearing briefs to the arbitrator and provide copies to the parties.   Pre-hearing briefs shall be submitted thirty (30) calendar days in advance of the hearing.

4.No issue that was not specified in the grievance may be raised in the arbitration.  This memorandum of agreement shall be submitted as a joint exhibit.  Nothing in the agreement shall be construed to empower any arbitrator to change, modify or amend any of its provisions.

Section 16.4 – Arbitration Panel

Unless mutually agreed, for the term of this agreement the County and the CEMA shall use the following panel:

Paul D. Roose

John Kagel                                          Christopher Burdick

Norman Brand                                    Alexander Cohn

Catherine Harris                                 Carol Vendrillo

The parties may also mutually agree to choose another arbitrator not on the above list.

Section 16.5 – Arbitration Release Time

The following statement on employee participation in grievance arbitration hearings is agreed to:

a)   The employee on whose behalf the grievance has been filed will be granted release time for the entire hearing.  Release time to serve as a witness will be granted on a scheduled basis, i.e., when the employee is scheduled to appear.  In the case of a group grievance, release time will be granted for the designated spokesperson for the entire hearing.

  1. Other requests for leave for the purpose of defending   the grievance in the arbitration hearing will also be granted provided the absence does not unduly interfere with the performance of service.
 

ARTICLE 17 – LETTER OF REPRIMAND

A letter of reprimand shall be retained in an employee’s personnel file for a period of two (2) years from the date of issue. At the end of the two (2) year period, it shall be removed from the personnel file provided that no related disciplinary action or letter of reprimand has been issued during the intervening period.

 

ARTICLE 18 – PERFORMANCE APPRAISAL AND DEVELOPMENT PROCESS

Performance appraisals shall be completed annually by the employee’s immediate Supervisor /Manager on ESA-approved forms.  A copy of the completed appraisal shall be retained in the employee’s personnel file.

An employee who is dissatisfied with his/her appraisal may request and receive a review from the next highest level manager.  This request must be received in writing within twenty (20) working days of the receipt of the completed of the appraisal.  If still dissatisfied, the employee may request a further review from the Department/Agency Head.  If the employee reports directly to the Department Head, the employee may request a further review from the next highest level person.  Changes made as a result of the review process will be included in the appraisal document.

The performance appraisal document may be used by either party in the transfer and promotion process but may not be used in the disciplinary process, the oral board process or in a probationary release.

Only the mutually agreed upon employee evaluation process may be used which is listed on the County Website.  The County and CEMA agree to meet and discuss no earlier than 12 months after May 4, 2020 in order to meet and discuss modifying the employee evaluation process.   Modifications, if any, to the employee evaluation process must be mutually agreed upon in writing.  The County and CEMA agree that the meet and discussions will conclude within six months of commencing the meet and discussions.  If no mutual agreement is reached, the employee evaluation process listed on the County Website shall be the operative process.  These discussions are excluded from the grievance procedure.

 

ARTICLE 19 – ALTERNATE WORK SCHEDULES AND TELEWORKING

The County of Santa Clara recognizes that flexible work arrangements and reduced commutes can benefit the employee, the department and the public by making the most efficient use of staff time.

The County shall provide alternate work schedules and telework opportunities to CEMA represented classifications. Eligibility for these opportunities shall be in accordance with the County of Santa Clara Alternate Work Schedule Policy or Teleworking Policy for CEMA represented classifications.     


This section is not subject to the grievance procedure.

 

ARTICLE 20 – SAFETY SHOES

County Employees Management Association (CEMA) represented employees shall be eligible for County approved safety shoes, as authorized and approved by the County Executive, in accordance with the Protective Footwear Policy and Safety Shoes Reimbursement Program. Classification eligibility shall be determined by review/approval of the Agency/Department Head, Employee Services Agency (ESA) Insurance Division and the Office of Labor Relations. Employees may appeal denials through the County-wide Safety Committee. The decision of the Committee is final.

Supervising Probation Counselors shall receive an annual safety shoe allowance in the form of a Two Hundred Fifty Dollar ($250) voucher.

 

ARTICLE 21 – PROBATIONARY PERIOD

1.Original probationary period for employees shall be nine (9) months to be counted by pay periods. The ending date shall be counted as nine (9) calendar months moved to the beginning of the next pay period.

  1. Subsequent probationary period for employees shall be six (6) months, to be counted by pay periods. The ending date shall be counted as six (6) calendar months moved to the beginning of the next pay period.

 

ARTICLE 22 – FAIR LABOR STANDARDS ACT

The County and Union will comply with FLSA provisions with regards to discipline for FLSA exempt employees.

The County and Union will meet to develop the guidelines to implement the exceptions of disciplining for less than one work week.

 

ARTICLE 23 – LABOR MANAGEMENT COLLABORATION

The County and CEMA agree to establish regular labor-management meetings as often as necessary to address needs in a timely way, but no less than twice a year. The purpose of the meetings between CEMA business representatives, including liaisons, and County department management is to proactively address mutually agreed upon agenda items, which may include:

  1. Strategic Planning,
  2. Initiatives,
  3. Budget,
  4. External legislative regulatory updates,
  5. Staffing issues and trends,
  6. Discussion of classifications/individuals consistently working excess hours beyond a 40 hour work week,
  7. Other items.

CEMA business representatives and liaisons shall be invited to meetings that any other bargaining groups are invited to when the outcome could impact CEMA represented employees.

 

ARTICLE 24 – CONTRACTING OUT

Section 24.1 – Notice to the Union

The County shall give the Union prior written notice of all new proposed contracts valued at

$100,000 or more per fiscal year between the County and private third parties for work currently being done by classifications represented by the bargaining unit.

Section 24.2 – Response to Notice

Notice from County as described in Section24.1 is to be given to the Union by electronic mail.  To request a meeting regarding the impact to the bargaining unit, the Union shall respond by electronic mail within five (5) working days from date of receipt of the County’s notice, with a request to meet on the impact to the bargaining unit.

Section 24.3 – Meeting

The County and the Union shall meet on the impact for not more than twenty (20) working days from receipt of written request from the Union.  If concerns are not alleviated or agreement is not reached, the County may proceed.

The Board of Supervisors may proceed without giving prior written notice if it determines circumstances exist or will exist that justify urgency action.  Reasonable advance written notice of intention to proceed on such a basis shall be provided the Union prior to the Board meeting to accept and/or approve the County’s contract with the third party; but nothing herein shall hamper the Board's lawful exercise of authority under state law in emergency situations.

 

ARTICLE 25 – STRIKES AND LOCKOUTS

During the term of this Agreement the County will not lock out the employees who are covered by this Agreement. The Association and Association-represented employees, both individually and collectively, shall not organize, carryout, cause, encourage, or condone any job actions, such as strikes, work stoppages, slowdowns, blue flu, sickouts, work-to-rule, sit-ins/sit-downs, intermittent strikes, partial strikes, sympathy strikes, or secondary actions such as refusing to cross picket lines or any other individual or concerted refusal to render services (including refusal to work overtime or any other curtailment or restriction of work at any time) or to obstruct efficient operations of the County, collectively (“Strike Activity”) by Association-represented employees during the term of this Agreement. 

If the Association learns that bargaining unit employees intend to engage in Strike Activity, either through notice from the County or through other means, the Association will send a notice to all bargaining unit employees, with a copy to the Labor Relations Director, indicating: (1) the Strike Activity is not authorized or supported by the Association; and (2) Strike Activity may violate County or Departmental rules and result in disciplinary action.  The Association shall take all other steps reasonably necessary to induce employees to cease any and all Strike Activity. 

ARTICLE 26 – FULL AGREEMENT

It is understood this Agreement represents a complete and final understanding on all negotiable issues between the County and its Departments and CEMA. This Agreement supersedes all previous memoranda of understanding or memoranda of agreement between the County and its Departments and CEMA except as specifically referred to in this Agreement. All ordinances or rules covering any practice, subject or matter not specifically referred to in this Agreement shall not be superseded, modified or repealed by implication or otherwise by the provisions hereof. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the County, CEMA shall be afforded all possible notice and shall have the right to meet and confer upon request. In the absence of agreement on such a proposed action, the County reserves the right to take necessary action by Management direction.

 

ARTICLE 27 – SAVINGS CLAUSE

If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

If the State of California notifies the County of Santa Clara that legislation has been implemented which assesses monetary penalties to local governments which settle wages and/or benefits with increases in excess of certain limits (such legislation currently pending is titled AB 1040), those benefits and/or wages shall not be implemented or continue to be paid. The parties shall immediately enter into negotiations for the sole purpose of arriving at a mutually agreed upon alternative.

The County reserves the right to cease payment or seek repayment of wages and/or benefits upon which the State of California is basing the monetary penalty. The County Employees Management Association reserves the right to contest the legality of the payment cessation or repayment.

It is understood that the purpose of this Section is to ensure that the County does not incur any liability or penalties on either the original agreement provisions, or the negotiated alternate provisions.

 

ARTICLE 28 – TERM OF AGREEMENT

This Agreement shall become effective only upon ratification by CEMA and approval by the Board of Supervisors and shall remain in full force and effect to and including  April 6, 2020, through June 23, 2024 and from year to year thereafter; provided, however, that either party may serve written notice on the other at least sixty (60) days prior to June 23, 2024 or any subsequent June 23rd of its desire to terminate this Agreement or amend any provision thereof.

Upon request of either party, the parties shall commence negotiations for the successor agreement no later than 120 days prior to the expiration of this agreement.

County of Santa Clara                                    CEMA, Affiliated with Operating

                                                                        Engineers, Local Union # 3, AFL-CIO

 

 

 

 

SIDELETTER OF AGREEMENT – Cross Departmental Opportunity Pilot Program

between

County of Santa Clara

and

County employees management Association (CEMA)

The County is offering selected employees in CEMA represented classifications an opportunity to gain valuable experience by working on a limited basis on an activity or project outside the employees’ current job.  Each selected employee would spend no more than 10% of working time (not to exceed 6 months) in another department within the Agency or across the County for a specified period of time as agreed upon by the employee’s supervisor and the receiving supervisor. The employee would remain in the employee’s current classification. This side letter is not grievable.

The goal is to maximize the interest and experiences of selected employees in CEMA represented classifications by providing opportunities to work on short-term projects in departments across the County and to leverage and/or develop the talent and expertise of represented employees for effective County operations. 

The Employee Services Agency (ESA) shall oversee this pilot program and collaborate with CEMA to evaluate it.

Participation in this pilot program requires management approval before applying. The experience gained by this opportunity can be included on future job applications and resumes. Work Out of Classification (WOOC) does not apply to those who participate in this pilot program.

The estimated duration and time commitment for an activity or project opportunity shall be discussed with all impacted departments and shall be agreed upon by the employee and the sending and receiving departments before the start of the project. Estimated duties or time commitment may be changed by agreement by the employee and the sending and receiving departments.  Opportunities can be initiated by employees and/or departments.  The department receiving the employee shall be responsible for training, supervising, developing a work plan, and providing feedback to the employee. Duties of the activity or project opportunity are generally within the selected employee’s current classification.  It is recommended that the employee have an assigned work location in the receiving office.  The selected employee may be allowed and encouraged to participate in regular functions of the receiving department such as staff meetings, within the 10% assignment as needed. 

The selected employee and the work unit would work out details including the following.

Receiving Site

Employee Responsibility

Orient employee to the organization and project

Commit to specific time period

Include employee in office activities

No TARD

Develop a work plan and expectations

Not grievable

Provide supervision and feedback

A team of CEMA and ESA representatives will jointly develop guidelines, an application, and evaluation before implementation of the pilot program by January 1, 2014.  


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