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Pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et seq., of the California Government Code and Chapter II of the Butte County Personnel Rules and Regulations, representatives of the County of Butte, hereafter called "County," and the Butte County Employees' Association, hereafter called "Association," have "met and conferred" concerning the subject of wages, hours and working conditions for employees in the General Unit of representation. This memorandum represents the good faith effort of both the County and the Association representatives to reach agreement on matters of wages, hours and conditions of employment. It is understood that this agreement is not binding upon the County until such time as it is ratified by the Butte County Board of Supervisors and the membership of the Association. 1.00 RECOGNITION The County recognizes the Butte County Employees' Association as the representative for employees in classifications designated for inclusion in the General Unit of County employees pursuant to Section 3501(b) of the California Government Code and the County Employer/Employee Relations Policy set forth in Chapter 11 of the Butte County Personnel Rules. Such designation classifications are attached hereto as Appendix "A". 2.00 MANAGEMENT RIGHTS The County reserves all rights with respect to matters of general legislative and managerial policy including, among others, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees of duties because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. These rights shall be limited only as specified in this agreement. 3.00 ASSOCIATION SECURITY 3.01 General Provisions The Association shall be provided payroll deduction for membership dues and a second deduction for other authorized and legitimate Association activities. The Association shall provide the County Auditor with a written authorization on a form approved by the County, signed by the unit member authorizing the payroll deduction and setting forth the full amount to be deducted each month. The County shall, through the Auditor's Office, forward in a timely manner payroll deductions withheld from employees within the unit. The Association shall immediately notify the Auditor of any cancellation or changes in the deduction authorization. The County shall not be liable to the Association, employees or any other party by reason of this section for the remittance or payment of any sum other than the actual deductions made from the employees paycheck. The Association shall save the County harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the employer under this section. 3.02 Maintenance of Membership a) Association membership is not a mandatory condition of employment for any employee covered by this agreement. However, any employee covered by this agreement who is an Association member, or becomes an Association member, shall continue to pay to the Association those dues or fees regularly charged members of the Association in good standing for the life of this agreement. Any new employee covered by this Agreement who, after completing thirty (30) calendar days of employment voluntarily joins the Association, shall be subject to the same terms of continued membership as employees above. b) Every employee who is a member of the Association shall have the right to withdraw from membership during the last twenty (20) days of this Agreement. An employee who has properly withdrawn membership as provided herein shall not be subject to the provisions of this section. c) Enforcement of this section shall be the responsibility of the Association, utilizing appropriate civil procedures. The Association shall indemnify and hold the County harmless from any and all claims, demands or suits, or any other action arising from this section. 3.03 Agency Shop This section shall become effective upon the majority vote of all affected non-supervisory bargaining unit members. It is the expressed intention of the parties that the provisions of this article respectfully balance the rights of individual employees and the right of the parties to enter into a "fair share service fee" agreement. However, membership in the Association shall be the personal choice of each employee in the bargaining unit. This Section provides for membership dues or fair share service fee collection. The termination/expiration of this Agreement shall not constitute a basis for the cessation of the implementation of this Section. There shall be no charge to the Association for such dues/fair share service fee deductions. The vote shall be by secret ballot in a method mutually acceptable to the Association and County. 3.04 Dues/Service Fees No later than thirty (30) days following the implementation of this Section the County shall begin deducting membership dues for members and fair share service fees for non-members from the wages of bargaining unit members and shall thereafter continue to do so on a monthly basis. All employees in the unit who have not authorized an Association dues/fair share deduction under this agreement shall execute an authorization for the payroll deduction. a. For purposes of this Section, "employee" shall mean any person entering into the bargaining unit or subsequently modified bargaining unit as mutually agreed upon by the Association and the County. b. If through error, the full amount due to be deducted is not deducted and remitted to the Association, the County will, upon written request from the Association and notice to the affected employee, provide subsequent deductions until the shortage is corrected. For its part, the Association shall promptly refund to the employee any deductions erroneously withheld from the employee's wages by the County and remitted to the Association. 3.05 County Responsibilities No later than thirty (30) days following the date of implementation of this Section the County agrees to provide the Association with a list of the names, social security numbers, and department for each employee in the bargaining unit. Subsequently, the County shall provide the Association the name, social security number, and department for each new employee hired into the bargaining unit as soon as practicable, but no later than thirty (30) days after the date of hire. a. With respect to all sums deducted by the County pursuant to this MOU, whether for membership dues or fair share service fees, initiation fees or special assessments as per Government Code Section 3502.5, the County agrees to promptly remit such monies to the Association each month together with an alphabetical list of unit members, categorized as to member or non-member of the Association, for whom such deductions have been taken, including social security number, gross monthly pay, department, and the amount of dues/fees deducted. The County shall also indicate any changes in personnel from the list previously furnished. 3.06 Religious Beliefs An employee who is a verified member of a religious body within the meaning of Section 3546.3 of the Government Code shall not be required to financially support the Association as a condition of employment. Such employee, in lieu thereof, shall file a detailed written objection with the Association and the County, establishing the basis for the religious xemption and a request that the Association pay a sum equal to his/her fair share service fee to one of three (below) non-religious, non-labor, charities exempt from taxation under Section 501 (c)(3) of Title 26 of the Internal Revenue Code, designated and mutually agreed upon by the Association and the County. The Association agrees to forward such amounts to one of the designated charities: · ARC of Butte/Glenn Counties · Catalyst Program · Red Cross 3.07 Association Responsibilites The Association will provide to the County the formula for calculating membership dues for members and fair share service fees for non-members. Such formula must be comparable with the County payroll system. Any changes in the amount of dues/fees will be certified to the County by the Association, and shall become effective no later than thirty (30) days following the date that the County receives such certification from the Association. Additionally, the Association agrees to furnish any information needed by the County to fulfill the provisions of this Section. The Association shall comply with all applicable statutory and case law in administering this section. a. The Association shall be responsible for enforcing the provisions of this section using appropriate civil procedures. If an employee fails to authorize Association dues/fair share deductions the Association may seek enforcement through the courts. 3.08 Indemnification and Hold Harmless It is specifically agreed that the County assumes no obligation with respect to the Association dues and fair share service fees other than those specified in this Section. The Association agrees that it will hold the County harmless from any claims, actions, or proceedings by any bargaining unit member, arising from deductions made by the County pursuant to this Section. 4.00 ASSOCIATION RIGHTS 4.01 Access to Employees With prior notice to the facility manager, the Association or its officially designated representative shall have access to County employees during off-duty time in the non-work areas of County facilities for the purpose of Association business. With prior notice to the facility manager, the paid staff of the Association shall be allowed reasonable access to employee members during the work period and at the work location to investigate and/or represent employees within the unit in formal grievance or appeal matters. 4.02 Bulletin Boards The Association shall be provided reasonable designated space on County bulletin boards, which does not interfere with the County's official use of the bulletin board. With the prior approval of the County, the Association may install and maintain separate bulletin boards in the employee rest areas. 4.03 Use of County Facilities and Resources With the approval of the Chief Administrative Officer or other County authorized official, the Association may use certain County facilities, resources and supplies, including the County courier and e-mail systems, as long as the County is reimbursed for the cost of any supplies or materials provided to the Association and that such use or supply does not interfere with the efficiency, safety and security of County operations. The County shall provide a list of other officials authorized to permit Association usage of County facilities, resources and supplies. The Association agrees to pay the County upon demand from the Auditor, costs of such benefits or supplies received from the County, included but not limited to services of County-owned or leased Xerox or other copying machines, print shop reproduction facilities, and central services purchases for expendable office supplies for Association use. 4.04 Internal Communications The County agrees to provide the Association annually during the month of January a complete updated listing of the name, classification and department of assignment of all employees designated in the unit. The County also agrees to provide on a monthly basis the name, classification, date of appointment and department assigned of all new employees hired into the unit. In the event the Human Resources Department produces periodic lists of demotions and/or transfers during the term of this agreement, copies of such lists shall be made available to the Association. In the event of a layoff in classes represented by the Association, the Association shall be provided with a copy of the resulting reinstatement list(s). 4.05 New Classifications The County shall give notice to the Association of any new classification proposed to be included in this memorandum. Upon request, the County shall have at least two meet and confer sessions with the Association for the purpose of negotiating wages for such classification. When meeting and conferring pursuant to this section, the Association representatives shall be limited to paid staff of the Association and one unit representative designated by the Association for each classification proposed to be added. 4.06 New Employee Orientation The County will conduct an orientation program for new employees. As a part of this program, the County shall distribute material supplied by the Association, subject to the County's right to approve the material. 5.00 ASSOCIATION REPRESENTATIVES 5.01 Negotiators The Association shall be allowed to designate up to seven (7) employees within the unit to serve as representatives to negotiate with the County. The Association shall provide the Director of Human Resources with the name, classification and department assigned of each of the negotiators. Should any changes or alternate be appointed after the original list is established, the Association shall advise the Director of Human Resources immediately. Employees designated as unit negotiators shall, as authorized by the Director of Human Resources, be granted a reasonable release time from scheduled duties without loss of pay to meet with the County representative during negotiations of matters of wages, hours and conditions of employment. The County shall not be responsible for any travel, overtime or miscellaneous cost resulting from the Association exercising this right. 5.02 Shop Stewards The Association shall have the right to establish shop stewards for the General Unit according to the following conditions. a) The Association agrees to notify the County Director of Human Resources the names, classifications and departments of their stewards, which shall not exceed twenty-five (25) in number, including one chief steward. The Association shall immediately inform the Director of Human Resources of any changes in the original list and provide an update by name, department and classification. b) A reasonable amount of time will be granted the worker and the steward to handle initial grievance and appeal procedures. The parties agree that in handling grievances, the worker and the steward will use only the amount of time actually necessary. The County is not responsible for any travel, overtime or other miscellaneous cost resulting from the exercise of this right. c) If a worker wishes to discuss a grievance or appeal on County time with a designated steward, the worker shall be allowed an opportunity within a reasonable amount of time to verify if the designated steward is available to be seen. If the steward is present and available, the worker shall complete a "grievance release form" and submit it to the immediate supervisor prior to meeting with the steward. Such release form shall only contain the worker's name, classification title, steward's name and work location of steward, time left, date, and upon return, the worker shall note the time returned on the form. The supervisor shall maintain a record of such request. The supervisor shall determine if the employee can, because of work activity, be released at the time requested. If the employee is not released, the supervisor shall set an alternative time as soon as practical. d) Upon authorization of the immediate supervisor, a steward shall be released to perform the duties specified in this section. A steward shall sign in and out of the work area stating the time and date of leaving and returning and where the steward may be reached. In the event the steward is unable to be released by the immediate supervisor at the time requested, the supervisor shall arrange a release time as soon as practical thereafter. e) With prior approval by the Director of Human Resources, the Association may use the Human Resources Training Room for Shop Steward Training. The Association shall submit the training agenda to the Director of Human Resources for approval. Shop stewards attending such training shall have available an aggregate pool of eighty (80) hours paid time to attend training. Training time shall not exceed four (4) hours per session and the County shall not be responsible for any overtime hours or travel related to such training. f) The County and the Association have agreed on a steward release form including release procedures. A copy of the form is attached hereto as Appendix B. g) The Association will equally distribute steward workload amongst stewards so as to avoid overburdening any one steward(s). Stewards are responsible for the full and timely completion of their County work assignment. 6.00 NON-DISCRIMINATION 6.01 Affirmative Action The County and the Association support the concept of affirmative action and equal opportunity in the public service as consistent with merit system principles. Neither the County nor the Association shall discriminate with regard to race, color, national origin, politics, religion, age, sex, disability, marital status, actual or perceived sexual orientation, or other non-merit factors. 6.02 Individual Rights Neither the County nor the Association shall interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise of rights to engage in or refrain from Association activity pursuant to Section 3502 of the California Government Code. 7.00 PERSONNEL FILES The County shall maintain one official personnel file for each County employee. The employee or his/her representative authorized in writing shall have the right to review and obtain copies of the contents of the employee's personnel files at reasonable intervals without loss of pay during normal business hours. Access to an employee's records shall be restricted to the employee and his/her representative, the County Human Resource Department, the County Counsel's Office and management/supervisory personnel having a business necessity to do so. No material regarding the employee's performance or conduct shall be included in the employee's personnel file without prior notice to the employee. Employees shall have thirty (30) days to submit a reasonable amount of rebuttal material for permanent attachment to any negative materials entered into their files. No prior event which might have led to demotion, suspension, or termination of the employee which has not otherwise been included in the employee's official personnel file shall be used against the employee in a current disciplinary action. Employees may request that derogatory materials be removed from their files. Requests shall be made to the County Director of Human Resources who shall determine whether or not the request shall be granted. The decision of the Director of Human Resources shall be made in his/her sole discretion and shall be final. 8.00 HOURS OF WORK, WORK SCHEDULES, SALARY SCHEDULES AND RESTRICTIONS 8.01 Work Schedules Except as provided below, the normal work schedule shall be 8:00 a.m. to 5:00 p.m. each day of the year except Saturdays, Sundays and holidays. The normal work schedule shall be eighty (80) hours per biweekly pay period for a full-time employee. Except for overtime, callback and standby assignments, departments which necessitate a different operational schedule shall maintain and post an employee assignment schedule. No employee, except in case of emergency, shall be required to work a different work schedule than assigned unless the employee has been notified at least ten (10) days in advance of the change in work schedule. 8.02 Alternate Schedules Upon the recommendation of a department head, alternate, flex-time, job-sharing and voluntary reduced work hours programs may be established, after consultation with the Director of Human Resources and the Association. Any job-sharing program will require that the benefits be pro-rated or as otherwise mutually agreed upon in writing by both parties. Requests for special schedules by employees shall be seriously considered. Employees shall be advised of the decision, pro or con, made on their requests for a special schedule. Alternate work schedules may include 9/80 schedules, 4/10 schedules, and/or other alternative scheduling patterns. Prior to establishing an entirely new alternate schedule (for example: a 4/10 schedule if one had never existed before), the County shall give notice to the Association and afford the opportunity to meet and confer. Individuals assigned to such schedules shall accrue leaves and holidays on the same basis as employees working the standard 5/8 work schedule; that is, 8 hours per day. Employees shall be charged time off based on the number of hours in the work day missed. In determining which employees are entitled to alternative schedules, the Appointing Authority shall take into account job classification and required skills. In the event all other things are equal; seniority shall be the determining factor. Determination as to the quality of skills shall be made in the sole discretion of the Appointing Authority. 8.03 Meal Periods In general, employees shall be entitled to an unpaid lunch period of not less than thirty (30) minutes nor more than one (1) hour. Departments/Divisions shall have the option of determining the appropriate lunch period length. Employees required to work during or through the lunch period shall be compensated for actual time worked. Employees may be required to work a continuous eight (8) hour shift. Employees, so scheduled, shall be allowed to eat their meal during the shift. In addition, any employee required to work overtime shall be permitted a one-half (1/2) hour paid meal break each four (4) hours of such overtime. 8.04 Rest Periods Employees shall be allowed a duty-free rest break of fifteen (15) minutes during the mid-portion of the first and second shift. Rest periods shall be scheduled in accordance with the requirements of the department but in no case shall rest periods be added to the beginning or the ending of a work shift or lunch period. The appointing authority may designate the time and location at which rest periods may be taken. Rest periods shall be considered hours worked, and employees may be required to perform duties if necessary. The appointing authority shall make a reasonable effort to insure that employees are permitted rest breaks. 9.00 OVERTIME 9.01 Eligible Positions All positions in classifications designated in the General Unit. 9.02 Overtime Defined Overtime is any work of at least twelve (12) minutes time worked in excess of the regularly scheduled work day or in excess of the forty (40) hours per week. For employees whose normally assigned work day is in excess of eight (8) hours, overtime shall be work of at least twelve (12) minutes beyond the normally assigned hours. For the purposes of calculating overtime, all paid time off with the exception of sick leave shall be considered hours worked. 9.03 Deleted 9.04 Overtime Authorization Employees shall be required to work overtime when assigned by the appointing authority or designated representative. No employee shall work overtime without prior approval of the appointing authority or designated representative. 9.05 Overtime Compensation Employees shall be compensated for overtime at one and one-half (1 1/2) times their regular rate of pay. Overtime compensation may, at the discretion of the appointing authority, be paid with regular wages in the pay period in which it was earned or be credited as Compensatory Time Off (CTO) to a maximum of 240 hours. 9.06 Accumulated Compensatory Time Off An employee who has requested use of accumulated CTO shall be permitted by the appointing authority to use such time within a reasonable period unless the request unduly disrupts departmental operations. Once the employee has reached the cap of 240 hours of CTO, the appointing authority may require the employee to take off any excess hours during the work week in which it is earned. Any CTO accumulation in excess of the 240 hour cap which is not taken in the work week in which it is earned, shall be paid with regular wages in the pay period in which it is earned. An employee who has accumulated CTO shall, upon termination from County employment, be paid for the CTO with the termination pay settlement. Compensatory Time Off accruals shall appear on the employee's biweekly earnings statement. 9.07 Fringe Benefits Not Affected By Overtime Overtime work shall not be a basis of increasing vacation, sick leave, or other benefits, nor shall it be the basis for advancing completion of the required period for probation or salary step advancement. 9.08 Assignment of Overtime Assuming similar qualifications, regular County employees shall be offered the opportunity to work overtime hours prior to an offer of overtime hours being made to extra help employees. The preference for regular employees shall not be granted in special circumstances; for example, excessive overtime being worked by regular work employees, sick leave being taken during the pay period, etc. 10.00 VACATION LEAVE 10.01 Accrual Each regular, full-time employee, including those employees as defined in Section 16.01(b) covered by this Memorandum of Understanding shall accrue vacation leave as follows: a) 3.077 hours of vacation [eighty (80) hours per year] for each biweekly pay period in paid status until completion of five (5) years of continuous service. b) 4.615 hours of vacation [one hundred twenty (120) hours per year], for each biweekly pay period in paid status after completion of five (5) years of continuous service and until completion of ten (10) years of continuous service. c) 6.154 hours of vacation [one hundred sixty (160) hours per year] for each biweekly pay period in paid status after completion of ten (10) years of continuous service and until completion of twenty (20) years of continuous service. d) 6.769 hours of vacation [one hundred seventy six (176) hours per year] for each biweekly pay period in paid status after completion of twenty (20) years of continuous service. The maximum vacation accrued on December 31 of any year shall be two (2) times the earning rate. 10.02 Special Vacation Entitlement Effective January 1 of any year, all current employees shall be credited with thirty-two (32) hours of vacation. Employees hired between January 1 and April 30 shall be credited with twenty-four (24) hours of vacation. Employees hired between May and August 31 shall be credited with sixteen (16) hours of vacation. Employees hired between September and December shall be credited with eight (8) hours of vacation. These days shall be added to the employee's regular vacation earnings and the accrual limits increased accordingly. (The special vacation entitlement is in lieu of the personal holidays in Section 13.5(b) of the Personnel Rules.) 10.03 Vacation Eligibility a) An employee who has less than six (6) months of uninterrupted service shall not be entitled to take vacation leave. Such employee shall be entitled to a payout of accrued vacation upon separation. b) Extra-help employees shall not earn vacation. 10.04 Vacation Carryover When a unit employee is unable to take scheduled vacation during a calendar year due to unusual and extenuating departmental needs which result in the employee's annual vacation accrual to exceed the maximum limits authorized, the department head shall advise the Auditor that the employee will exceed the annual vacation accrual limits and shall schedule the excess accrual vacation days to be taken off between the period January 1 and March 31 of the new calendar year. Should the employee voluntarily choose not to take the scheduled vacation during the extension period, the excess accrual days shall be forfeited. Should a department head, as a result of emergency needs of the County, be unable to schedule the excess accrual vacation days off during the extension period, the employee shall be paid for the excess accrual of vacation days following the end of the extension period. 10.05 Vacation Payout Upon termination, an employee shall be compensated for all unused vacation accrual and entitlement. 10.06 Vacation Scheduling Vacations shall be scheduled at the request of the employee and with the approval of the department. A departmental vacation schedule shall be arranged with time preference given to employees on the basis of seniority. 10.07 Vacation Buy-Back Employees taking at least forty (40) hours of vacation time shall, concurrently, have the option of requesting pay in lieu of time off for an additional forty (40) hours of accrued vacation time once per fiscal year. Approval of this request shall be in the sole discretion of the County. Vacation buy-back shall be subject of funds. In addition to vacation buy-back pursuant to 9.02(a) above, employees shall have the option of requesting an aditional 104 hours of vacation time each year, during each contract increments of eight (8) hours. Such requests are subject to the approval of the department head and the availability of funds. 11.00 SICK LEAVE 11.01 Sick Leave Accrual Employees shall earn sick leave with pay at a rate of 3.692 hours per biweekly pay period [ninety six (96) hours per year]. Sick leave may be accumulated without limit during a period of continuous employment. 11.02 Sick Leave Eligibility Extra-help employees shall not earn sick leave. 11.03 Uses of Sick Leave Sick leave shall be granted only for the following: a) The employee's illness or disability; b) The employee's routine medical or dental appointments; c) Illness in the family. Whenever a regular employee believes it necessary to be absent from duty because of the illness of an immediate family member, the employee may request permission of the appointing authority or designated representative to be absent for not more than cumulative sixty (60) hours per calendar year, with pay; unless otherwise provided for by the County's Family Care and Medical Leave Policy (Exhibit III)...Such time off shall be charged against sick leave. 11.04 Reporting Requirement Except in emergency, in order to receive sick leave compensation while absent, the employee shall notify the appointing authority or designated representative prior to or within four (4) hours after the time set for the beginning of the employee's work shift. 11.05 Medical Reports In cases involving absences of three (3) consecutive work days or more, the employee shall, upon request, file a physician's certificate with the appointing authority stating the absence was medically necessary and the employee's physical ability to return to work on a full or limited duty basis. In general, the employer shall notify employees at the time they are reporting their absence due to illness that a doctor's certificate will be required. Exceptions can be made in cases of suspected sick leave abuse. 11.06 Payment of Sick Leave Sick leave time shall be charged to the employee's accrual and paid at the employee's current rate of pay. Employees who exhaust sick leave with pay may request to use any accrued vacation or compensatory time off. 11.07 Sick Leave Buy-Back Option Upon retirement or termination in good standing, an employee who has on accrual more than two hundred and forty (240) hours of sick leave may be compensated for that portion over two hundred and forty (240) hours at one-half (1/2) the normal rate of pay for the employee up to a maximum of three thousand dollars ($3,000). 11.08 Donation of Paid Time The donation of paid time program agreed to by the Association and the County shall continue for the term of this agreement. The Catastrophic Leave Pool Agreement is appended hereto as Appendix C. 12.00 LEAVES OF ABSENCE 12.01 Bereavement Leave Whenever a regular employee believes it is necessary to be absent from duty because of the death of a member of the employee's immediate family, the employee may request permission of the appointing authority or designated representative to be absent for not more than three (3) working days with pay for each occasion. Any time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave. For purposes of this section, "immediate family" means spouse; natural, step or legal child, daughter or son in-law, parent, brother or sister; grandchild; grandparent; mother-in-law and father-in-law, brother-in-law and sister-in-law. In addition to the bereavement leave benefit set forth in Section 12.3 of the Butte Count Personnel Rules, a regular employee who believes it necessary to be absent from duty because of the death of a member of the employee's immediate family who resided out of the State of California, or over 400 miles one way from his/her home, may have an additional two (2) working days of bereavement leave to be charged to sick leave. The County shall amend Section 12.3 of the Butte County Personnel Rules to allow use of bereavement leave in the case of the death of individuals, other than those already listed, living in an employee's household as a family member. Approval shall be on a case by case basis by the Director of Human Resources in his/her sole discretion. 12.02 Industrial Disability Leave With Pay Each regular employee not covered by Labor Code Section 4850, shall be granted an industrial disability leave in accordance with the following rules: a) Employees shall be required to use any accrued leave benefits in order to receive paid leave. b) Employees' earnings will be adjusted to the differential between amount paid and any industrial disability benefits received during the period of paid leave. c) Employees shall have leave benefits reinstated in the equivalent value of the disability benefits. d) During the period of the paid industrial disability leave, employees will continue to accrue full benefits for vacation, sick leave and holidays. Benefits for retirement and social security will be accrued on the salary differential representing the adjusted leave benefits. 12.03 Industrial Disability Leave Without Pay Each regular employee who is injured or contracts an industrial illness on duty shall be granted an unpaid disability leave by the appointing authority from the time accrued leave benefits are exhausted until the employee is released to return to work or the employee is declared permanent and stationary or a compromise and release is signed, whichever occurs first. Employees shall accrue no benefits while in this status except as provided by the Personnel Rules. The appointing authority shall notify the Director of Human Resources of such leave. 12.04 Military Leave Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of such military regulations to determine when such leave shall be taken and shall provide the appointing authority with a copy of the military orders. 12.05 Family Leave a) Employees shall be granted a leave of absence as provided for in the County's Family Care and Medical Leave Policy attached hereto as Exhibit III. b) Non-compensated leave under this section shall not be permissible until the emloyee has exhausted sick leave, except for fifteen (15) days or ten (10%) percent of the employee's balance, whichever is greater. 12.06 Jury and Witness Leaves Employees shall notify their appointing authority immediately upon receiving notice of jury duty or call as a witness. Regular employees who serve on a jury or are served with a subpoena which compels their presence as a witness, unless they are a party to the court action or an expert witness, shall be granted a leave of absence with pay in the amount of the difference between the employee's regular earnings and the amount received for such appearances. Employees called for such court appearances may retain the court paid mileage fees provided they did not use a County vehicle or claim County mileage for such appearance. If called to jury or witness service, a regular employee may elect to: a) Receive the jury or witness fee and also full salary payments chargeable to vacation or compensatory time off. b) Receive the jury or witness fee and authorize the County Auditor to deduct the fees from their salary or wages and receive the paid leave. Regular employees called to jury duty or as a witness during normal working hours are in each instance required to collect fees for such service to the extent authorized by the Court and to advise their appointing authority. 12.07 Voluntary Furlough Program A. Purpose - The purpose of the voluntary furlough program is a joint labor- management effort to assist the County in times of economic hardship. It is a cost containment program designed to reduce operating expenditures, preserve public services, and reduce the need for layoffs of permanent staff. This program shall remain in effect until October 1, 2004. B. Conditions - A department head or designee, at their sole discretion, may grant a permanent, regular help, probationary, or part-time employee voluntary, unpaid time off subject to the following conditions. 1. Unpaid leave may be taken in increments of one (1) full hour. 2. Unpaid leave may be granted by the department head or designee for all scheduled work periods. 3. Credit towards, sick leave, vacation leave, and holiday eligibility, and medical insurance shall accrue as though the employee were on paid status. Additionally, credit shall accrue for merit advancement, completion of probation, and seniority for purpose of layoff. Credit for retirement shall accrue as though the employee were on paid status except when the employee's PERS-reportable hours falls below 1,730 in the calendar year. C. Procedure - The following procedure will be used in the management of the voluntary time off program: 1. Each department head or designee shall distribute to eligible employees a "Voluntary Time Off Request Form". 2. An employee requesting voluntary time off without pay shall complete the form indicating the number of hours (or day or days) and date(s) of the leave, and return the form to the department head or designee. 3. The department head or designee shall review the requested time off dates and times and resolve any scheduling conflicts. Seniority shall be used to resolve scheduling conflicts if the number of requests for the same time off is excessive. The department head or designee shall notify the employee of approval of the request. 4. The department head or designee shall forward all approved request forms to the Auditor- Controller. 5. The department head or designee shall post a schedule with all approved voluntary unpaid time off requests. 6. Upon mutual agreement between the employee and department head or designee, unpaid time off may be scheduled at any time prior to the termination date October 1, 2004. D. Incentive - As an incentive for employees to use the voluntary time off program, additional vacation credits shall be granted to the employee's vacation accrual as follows: Number of Unpaid Hours-- Vacation Hours Credited Taken by 10/1/99: 10 hours-- One (1) 20 hours-- Two (2) 30 hours-- Three (3) 40 hours-- Four (4) 50 hours-- Five (5) 12.08 Paid Administrative Leave An appointing authority or designated representative, in his/her sole discretion, may, when extraordinary circumstances exist and necessary for the operation of the department, place an employee on paid administrative leave subject to call. Paid administrative leave may not exceed 45 calendar days without notification, in writing, to the Director of Human Resources. Paid administrative leave may not exceed ninety (90) calendar days without the express, written approval of the Director of Human Resources. 13.00 HOLIDAYS 13.01 Holidays Defined The following shall be celebrated as paid holidays: 1) New Year's Day-- January 1 2) Martin Luther King's Birthday-- Third Monday in January 3) Washington's Birthday-- Third Monday in February 4) Cesar Chavez Day-- March 31 5) Memorial Day--Last Monday in May 6) Independence Day--July 4 7) Labor Day--First Monday in September 8) Veteran's Day--November 11 9) Thanksgiving Day--Designated Thursday in November 10) Post-Thanksgiving Day-- Friday following Thanksgiving Day 11) Christmas Day-- December 25 12) Every day appointed by the President or Governor and the Board for a public fast, thanksgiving or holiday, when the day is celebrated as a State or Federal holiday. Days declared as Federal holidays shall be observed as County holidays. Should either the State of California or the Federal Government designate a new, on-gong holiday, the County upon request of the Association, agrees to reopen negotiations on possible County implementation of the holiday. When a designated holiday falls on Sunday, the following Monday shall be observed. When a designated holiday falls on a Saturday, the preceding Friday shall be observed. Each regular employee in a compensated employment status on the assigned work day immediately preceding and the assigned work day immediately following the employee's birthday, shall be entitled to a birthday holiday. An appointing authority may require an employee to provide fourteen (14) days notice in advance of the birthday holiday. Birthday holidays shall be considered as a designated holiday pursuant to Section 13.5 of the Personnel Rules. 13.02 Eligibility for Holiday Pay Each regular employee in a compensated employment status on the assigned work day immediately preceding and the assigned work day immediately following a designated holiday shall be entitled to compensation for the designated holiday. Extra-help employees shall not be entitled to paid holidays or compensated time off for holidays worked. 13.03 Holiday Compensation a. Regular employees required to work on a designated holiday or whose regular scheduled day off falls on a designated holiday shall, at the discretion of the appointing authority, be entitled to equivalent compensated time off scheduled either the day preceding the designated holiday or within sixty (60) days following the designated holiday. b. Those on alternative work schedules, shall receive credit for eight (8) hours per holiday, unless otherwise noted in a side letter on alternate work shifts. 14.00 COMPENSATION 14.01 Salary The unit salary schedule shall be modified as follows: 1. Effective September 29, 2001, all unit classifications, shall have their salaries increased by 5% as set forth in Attachment A. 14.02 Shift Differential Pay A regular employee who is required as part of a normal work schedule to work a majority of the shift between the hours of 5:00 p.m. and 7:00 a.m., or the Saturday and Sunday day shift between 7:00 a.m. and 5:00 p.m. shall receive, in addition to regular pay, eight dollars ($8.00) for each shift worked as shift differential compensation. The shift differential shall be pro-rated to the nearest seventy-five cents ($.75) for each one-fourth (1/4) of the shift served during the qualifying period. Employees shall not be entitled to shift differential compensation while on sick leave, vacation or other paid leaves. The reassignment by the appointing authority of an employee from a shift covered by differential pay to a shift not covered by differential pay shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process. In addition to the above, regular employees in the County Library whose normal work schedule includes work between the hours of 5 p.m. to 7 a.m. any day shall receive in addition to regular pay, forty-five cents ($.45) for each hour or portion thereof of work performed during the hours between 5 p.m. and 7 a.m. as shift differential pay. 14.03 Temporary Assignment in Higher Paid Classification Whenever an employee is assigned in writing by their supervisor or acting supervisor to work in a higher classification and, therefore, performs substantially all of the duties of the higher classification for a period of more than ten (10) cumulative working days or eighty (80) cumulative working hours in a fiscal year, the employee shall be entitled to be compensated with an additional five percent (5%) over his/her current rate of pay beginning with the eleventh (11th) day or the eighty-first (81st) hour of the assignment. A continuous out-of- classification assignment bridging two (2) fiscal years shall be treated as if it occurred during the prior fiscal year. For example, an employee receiving compensation for an assignment which commenced June 15 of one fiscal year and ended on July 5 of the succeeding fiscal year would receive compensation for the entire assignment. Similarly, an employee whose eleventh (11th) day or eighty-first (81st) hour of out-of-classification assignment occurred during the prior fiscal year would commence receiving compensation as of the eleventh (11th) day or eighty-first (81st) hour. 14.04 Bilingual Pay Differential When it has been determined that an employee's use of bilingual language skills or specialized communication skills are essential and critical for the successful performance of job duties, a bilingual differential shall be paid at a rate of five dollars ($5.00) per day or $50.00 dollars ($50.00) per pay period. 14.05 Callback An employee who is required to physically return to work on an overtime basis shall receive either a minimum of two (2) hours straight pay or time off, or time and one-half (1 1/2) pay, or CTO for the time actually worked, whichever is greater and be entitled to receive mileage reimbursement pursuant to Section 18.01. An employee handling a phone call not requiring that he/she physically return to work shall be entitled to the minimum overtime payment. The employee receiving a call during normal sleeping hours shall be entitled to a one (1) hour straight pay minimum or time and one-half (1 1/2) pay or CTO for the time actually spent on a call, whichever is greater. 14.06 Standby Pay a. Status Effective immediately, each employee in the unit of representation shall be entitled to receive forty dollars ($40.00) for each eight-hour (8) standby shift, or portion thereof, as ordered and authorized by an appointing authority. A standby shift is defined as any eight-hour (8) shift following the employee's normal assigned shift. b. Response Time Employees placed on standby status shall keep the appointing authority or designee advised of their location during the standby shift and shall respond to duty within two (2) hours from the time of notification. When an appointing authority determines it is in the interest of the County to provide electronic paging devices for standby workers, the appointing authority shall provide and maintain such devices and instruct workers in proper use. Employees on standby status shall not be eligible for shift differential pay as specified under Section 14.03 or for callback pay as specified under section 14.06. Employees returning to duty from standby shall be eligible for overtime as specified in Section 9.00. c. Exemption Employees who would face a hardship in serving standby because of the need to care for small children may request exemption from standby duty. Employees so requesting must have arrangements for alternative coverage. Approval shall be in the sole discretion of the department head or his/her designee. 14.07 Non-Salaried Benefit 1. Effective January 1, 1994, the County provided funding for a mutually agreed upon non-salary benefit in an amount equal to one-half (1/2%) percent of base salary. 2. The County shall report to PERS monthly and pay the required contributions on the value (cost and cleaning) of uniforms for both miscellaneous and safety members, regardless of how the uniform is supplied. This value shall be analyzed annually and adjusted accordingly. Estimated values are as follows: Sheriff-Misc/Safety $21.00/mo Rabies Control /Misc. $17.00/mo Building and Grounds $14.00/mo 15.00 UNEMPLOYMENT INSURANCE County employees shall be covered by unemployment insurance pursuant to state law. The purpose of this coverage is to provide benefits to former employees who are no longer employed through no fault of their own. Employees who terminate from County employment shall complete termination forms and procedures as required by the Human Resources Department. 16.00 HEALTH PLAN 16.01 Employee Health Plan Eligibility a) All regular employees assigned to a one-half (1/2) time or more position and the employee's dependents shall be entitled to participate in the County-sponsored group Cafeteria Plan. Employees working less than full-time and hired after November 1, 1987, shall receive prorated health contributions rounding to the nearest one quarter time; i.e., either fifty percent (50%), seventy-five percent (75%), or one hundred percent (100%) of the County contribution for full-time employees. Eligible employees enrolling in the program within sixty (60) days following their appointment will be covered subject to the contract limitation with the health plan carrier. Coverage shall commence when the employee is eligible for coverage under PERS rules and the health plan carriers' rules.. Employees enrolling after the sixty (60)day enrollment period will be eligible for coverage on the first day of the month following a ninety (90) day waiting period which will begin upon receipt of all necessary enrollment documents by the Department of Human Resources, unless the employee can certify a qualifying loss of other coverage. 16.02 Description The Butte County Flexible Benefits Plan (hereafter "Cafeteria Plan") is available to all employees in regular-help positions (hereafter "employee"). There will be two (2) participation levels, identified as Employee "A" and Employee "B" as per Section 16.03. Once the selection is made, it will remain in force until the next open enrollment period. The fee for a third party administrator will be paid by the County. The basic group term life insurance will continue to be provided at County expense and will not be part of the Cafeteria Plan. 16.03 Participation Levels Employee A - CORE PLAN The County will pay the first $16/month of the premium for the medical coverage elected through PERS. If the employee elects medical coverage, then the employee must participate in a dental plan option and the vision insurance (Core Plan) effective the month following ratification of this agreement. The County will pay to Employee's Flexible Benefit Account the following amounts: Effective January, 2002, the County will pay to Employee's Flexible Benefit Account the following amounts: Employee only-- $217.54/mo Employee Plus One-- $369.60 Family-- $501.77 Employees that have elected to participate in the "Core Plan" can also elect to participate in optional benefits. If the employee has any surplus Flexible Benefit Account credits after making all elections required to participate in the health insurance, the employee can use that surplus toward the Flexible Benefit Options listed in the Flexible Benefit Options Exhibit I. Employees that wish to participate in the optional benefits in the plan, with the exception of the cash back option, but do not have any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections. Employee B - FLEXIBLE BENEFIT OPTIONS Employees who elect not to participate in Option A will be asked to sign a waiver and will be required to provide proof of medical insurance (see Section 16.04). They will have an opportunity to participate in the Flexible Benefit Options listed in the Flexible Benefit Options Exhibit. The County will provide an employer flex credit monthly contribution for "employees" who elect Option B in the amount of $158.04 per month. Effective January, 2000, this amount shall be increased to $195.00. Employees can use this contribution toward any of the Flexible Benefit Options listed in the Flexible Benefits Options Exhibit. Employees that wish to participate in the Flexible Benefit Options, with the exception of the cash back option, but do not have sufficient flex credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections. 16.04 Administration a) No benefits will be paid to employees in Category B until proof of insurance is on file in the Human Resources Office. b) Part-time, regular help employees will receive proportional benefits as provided in the Memorandum of Understanding. All employees assigned to a one-half (1/2) time or more position, and the employees' dependents, shall be entitled to participate in the County's Flexible Benefits Plan. Employees working less than full-time, shall receive prorated flex benefit contributions rounding to the nearest one-quarter time; i.e., either fifty percent (50%), for employees working thirty-six (36) hours to forty-five (45) hours; seventy-five percent (75%), for employees working forty-six (46) to sixty-four (64) hours; or one hundred percent (100%), for employees working sixty-five (65) hours or more. This section does not affect part-time employees grandfathered into full-time benefit status under Section 16.01 of the M.O.U. c) Any money deposited in the Flexible Benefits Account of an employee must be used during the plan year; otherwise, the remaining balance reverts to the County. Upon separation, the money will be disbursed in conformance with the rules and procedures explained to and authorized by the employee at the time of his/her enrollment.
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