SEIU LOCAL 521 SUPERVISORY UNIT

Transcription

1 SEIU LOCAL 521 SUPERVISORY UNIT All provisions of the and as extended until 2011 Memorandum of Agreement to remain in effect except as noted in this summary. Deleted language is crossed out. New language is underlined. Italicized language is informational. Cleanup and numbering changes are not entirely reflected here. PREAMBLE This Memorandum of Agreement is entered into by the County of Santa Clara (hereinafter referred to as the County) and Local (Santa Clara County Supervisory Chapter Unit), Service Employees International Union (hereinafter referred to as the Union). This Memorandum of Agreement incorporates by this reference all appendices attached. ARTICLE I -RECOGNITION The County recognizes Social Services Union/American Federation of Nurses, Local , SEIU (Santa Clara County Supervisory Chapter Unit) as exclusive bargaining representative for all classified and unclassified employees in coded classifications within the Health and Hospital Services Unit, Office of the District Attorney Unit and the Social Services Supervisory Unit. For the purpose of this Agreement, an employee shall be defined as a person employed in a coded and uncoded classification in the Bargaining Unit covered by this Agreement: The classifications covered by this Agreement are as follows: Associate Program Coordinator Associate Staff Development Specialist Eligibility Work Supervisor Medical Social Work Supervisor Program Coordinator Social Work Coordinator II Social Work Training Specialist SSA Application Decision Support Specialist Eligibility I SSA Application Decision Support Specialist Eligibility II SSA Application Decision Support Specialist I & II Staff Development Specialist Staff Development Specialist-Unclassified The duties of these classifications shall remain substantially dissimilar to those of their subordinates. For purposes of this agreement the terms of this agreement do not apply to uncoded (extra help) classifications and is subject to negotiations in the successor agreement.

2 ARTICLE 3-UNION SECURITY Section 3.1-Relationship Affirmation The union recognizes its obligation to cooperate with the County to assure maximum service of the highest quality and efficiency to the citizens residents of Santa Clara County, consonant with its obligations to the employees it represents. County and Union affirm the principle that harmonious labor-management relations are to be promoted and furthered. ARTICLE 5 - LAYOFF Section Seniority Defined Except as otherwise provided in Sections 5.2 and 6.8, seniority is defined as days of accrued service as computed and reported on the employee's pay check within any coded classification with the County. Original coded unclassified service shall not be counted except that time served pursuant to Santa Clara County Charter 704(h). All time on Workers' Compensation, military leave and maternity leave shall be counted towards days of accrued service. Section 5.6 -Reassignment in Lieu of Layoff b) Former cclassification In the event there are no vacant codes in the same classification in any department/agency, 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. The employee will not be allowed to transfer to a vacancy that requires an MSW or skills as defined in Section 5.4 (Order of Layoff) not possessed by that employee. 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. b) Inplacement 2. Transfer will be deemed a "lateral transfer" if movement from one class to another does not exceed an upward salary change of 10% (ten percent) 12% (twelve percent), unless a higher amount is provided for in a unit appendix. 3. 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. Workers placed into new classifications shall be placed on probationary status. Section 5.8 -Reemployment List a) The names of such probationary workers with underlying permanent status and permanent employees reassigned or laid off in accordance with Sections 5.6(b), 5.6(c), 5.6(d) or 5.7 of this article shall be entered upon a reemployment list in inverse order as specified under Section 5.4. Upon certification of the reemployment list to the appointing authority, the person standing highest on a reemployment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Employees on reemployment

3 lists shall retain the right to take promotional exams and/or receive promotional preference on exams. The reemployment list shall take precedence over all other methods of appointment. Upon request by either party and with mutual agreement, vacancies may be filled by internal agency bidding class-to-class transfers from within the agency as outlined in Section 8.11, to allow workers to select a certain position within their classification (including shift) and the remaining vacancy will be filled by the reemployment list. b) When required by the needs of the department and approved by the Director of Personnel, selective certification may be utilized to reemploy employees with particular skills as listed in Section 5.4. c) While active on a re-employment list, workers are eligible to transfer to positions from the classification the worker was laid off from and that such positions are within the transfer band. Section Names Dropped from Reemployment List No name shall be carried on a reemployment list for a period longer than two (2) years, except that persons currently on a reemployment list will remain on the list for three (3) years. The names of persons reemployed in a permanent position within the same classification shall, upon reemployment, be dropped from the list. Refusal to accept one of two offers of reemployment within the same classification shall cause the name of the person to be dropped from the reemployment list. Workers on Reemployment lists scheduled to expire on or after November 14, 2011 shall have their reemployment rights extended for an additional year for a total of 3 years. Seniority Accrued for Ranking on Re-employment List: If a less senior worker is recalled due to a bilingual skill in accordance with Section 5.4 and if in that process a worker with more seniority is bypassed, then the more senior worker who remains on the re-employment list shall continue to accrue seniority for the purposes of rank on the re-employment list when subsequent layoff cause the merging of re-employment lists. Workers bypassed shall remain on the reemployment list and continue to accrue seniority until re-employed in the same classification provided the worker has not declined 2 offers of re-employment. Add New Section 6.6-Use Of Paid Administrative Leave During An Administrative Investigation Investigations that may lead to discipline shall be conducted in an efficient, timely fashion so as not to create undue hardship on workers or County. When such an investigation involves placing a worker on Administrative Leave, the County shall provide an update on the status of the investigation to the Union no less than one (1) time per month while the worker remains on leave. Section 6.9 -Performance Appraisal

4 d) The first annual appraisal report shall not be placed in the employee's personnel file. Subsequent aannual appraisal reports shall be placed in the employee's departmental personnel file, as well as the manager s or supervisor s file. Annual appraisal reports shall not be placed in the ESA-HR personnel file. e) Appraisals will not be used by the County in the disciplinary process or for the purpose of transfers or for the purpose of promotions. f) Both the manager and employee shall be trained in the appraisal process before an appraisal can be completed with that employee. g) In the event that an SEIU Local 521 Supervisory Unit employee is supervised by more than one supervisor/manager during the appraisal period, each employee may receive more than one appraisal for the period. Section 7.4 Supervision Supervisors shall normally be expected to spend approximately twenty percent (20%) of their time reviewing the work of the unit. This expectation may be increased if the production of the unit falls below minimum performance standards. Supervisors will use the skill sets and job duties as outlined in their County job specification to perform their jobs. Section Trainer Preparation Time The County s normal practice is to allow will provide two (2) weeks between each training group for each Social Work Training Specialist and Eligibility Work Trainer when they design or develop, and delivered the training. It is expected this time would be used for vacations, review and assimilation of regulation and policy changes, and preparation of new material for new training groups. Section 7.8 Uncovered Caseloads The County and SEIU agree to meet and discuss for the period starting October 1, 2012, and ending October 31, 2012, for purpose of recommending contract language that address how uncovered non-caseload work will be handled. Section 8.5-On-Call Pay d) Beepers or Cell Phones Beepers or cell phones shall be provided to all employees when placed on on-call status. Section Salaries a) Effective pay period 07/07, March 12, 2007, all salaries shall be were increased by approximately three percent (3%) and shall be as listed in the appendices attached hereto and made a part hereof. Effective pay period 08/01, December 17, 2007, all salaries shall be were increased by approximately four percent (4%) and shall be as listed in the appendices attached hereto and made a part hereof. Effective pay period 08/22, October 6, 2008, all salaries shall be were increased by approximately one percent (1%) and shall be as listed in the appendices attached hereto and made a part hereof. The parties agree that the rates of pay established by this Agreement are commensurate with those prevailing throughout the County for comparable work as required by the Charter for the County of Santa Clara. a) Lump Sum Payment

5 Effective Pay Day of December 19, 2008, workers will be were provided a lump sum payment equal to two percent (2%) of the worker s rate of pay in effect as of November 3, The payment is was to be made with the paycheck of December 19, A worker must be have been on paid status as of November 19, 2008, to be have been eligible for the payment. Section Temporary Supervisory Assignment c) Workers must meet the minimum qualifications of the higher classification. d) Upon verification,wworkers that have previously completed temporary supervisory assignments but did not meet the minimum qualifications of the higher classification will still be credited for the time towards meeting the experience portion of the qualifications required for the higher classification. e) If requested by the worker, the County will furnish information that will confirm the worker s temporary supervisory assignment experience only to the extent that the information is available. Section 10.1 Legal Holidays For FY 12 a) January 1 c) 3rd Monday in February h) 2nd Monday in October k) day after Thanksgiving For FY 13 c) 3rd Monday in February h) 2nd Monday in October Add New Section 10.5-Holidays Converted to Vacation Accrual During Fiscal Year 2012, in addition to the legal holidays described in Section 10.1, each full time worker employed on November 14, 2011 shall accrue, based on actual hours worked, 32 additional hours of vacation (the equivalent of four (4) days of holiday). The additional 32 vacation hours are in lieu of the reduced holidays and shall only accrue through June 24, This accrual shall be pro-rated proportionately for part time workers and for full time workers who work less than a full year based on actual hours worked. During Fiscal Year 2013, in addition to the legal holidays described in Section 10.1 each full time worker employed on June 25, 2012 shall accrue, based on actual hours worked, 16 additional hours of vacation (the equivalent of two (2) days of holiday). The additional 16 vacation hours are in lieu of the reduced holidays and shall only accrue through June 23, This accrual shall be pro-rated proportionately for part time workers and for full time workers who work less than a full year based on actual hours worked.

6 Add New Section - Vacation Carry-Over 11.1 c. 3 For the duration of this contract, the vacation carry-over limit of the three years vacation earnings shall be temporarily increased by 48 hours. The temporary increase to the limit of 48 hours shall expire on June 23, 2013 and revert to the vacation limit in Section 11.1 c). Section Personal Business/Belief Days a) Scheduling Employees employed as of July 17, 2006 November 14, 2011, shall be credited with four (4) days personal leave which must be used before July 16, 2007 June 24, 2012, as well as employees employed as of July 16, 2007 June 25, 2012, which must be used before July 14, 2008 September 29, 2013 as well as employees employed as of July 14, 2008 which must be used before October 4, Such leave may be used by an employee for any lawful purpose he/she desires;, provided such leave must be scheduled in advance with the appointing authority except in cases of a bona fide emergency. This benefit shall be prorated for parttime employees and for employees hired subsequent to July 17, 2006, July 16, 2007 and July 14, 2008, November 14, 2011 and June 25, 2012 respectively. Section 12.8 Education Leave and Tuition Reimbursement d) Tuition Reimbursement is frozen for the life of the contract. ARTICLE 13 BENEFIT PROGRAMS Section 13.2 Insurance Programs a) The County agrees to fully pay medical coverage for worker and dependents on the lowest cost medical plan. The lowest cost medical plan will be either Kaiser or Health Net plan. Up to the same maximum contribution will be made to the other plans (i.e., Kaiser, Health Net and Valley Health Plan). The County will continue to pay the worker only contribution for Kaiser, Health Net Plan and Valley Health Plan. The parties agree that Kaiser coverage will be the Kaiser S Plan with the 3A option through October The parties also agree that the Kaiser Plan, Valley Health Plan and the Health Net plan shall continue under the current coverage in effect on July 12, Effective November 1, 1999, the Kaiser plan will be changed to a $5 co-payment for office visits and a $5 co-payment for prescriptions. The parties agree that effective November 1, 1999, hearing aid coverage, up to $1,000 for 1 to 2 devices every 36 months, shall be added to all health plans. The County shall pay the employee premium, while on medical, maternity or industrial injury leave of absence up to thirteen (13) pay periods. Effective with coverage on or about December 26, 2011, the Kaiser Plan will be changed to $10 co-payment for office visits, $35 co-payment for emergency room visits, $5-$10 co-

7 payment for prescriptions (30-day supply) and $10-$20 co-payment for prescriptions (100-day supply), and $100 co-payment for hospital admission; the Health Net Plan will be changed to $15/$20/30% (Tier 1/2/3) co-payment for office visits, $50/$75/30% co-payment for emergency room visits, and $5/$15/$30 (generic/brand/formulary) co-payment for prescription (30-day supply) and $10/$30/$60 co-payment for prescription (90-day supply). In addition, following the approval of this agreement, the parties agree to eliminate the current Kaiser co-payment reimbursement effective September 1, The last day to incur such co-payment expense and be eligible for reimbursement is August 31, Employees will have until September 30, 2011 to submit their claim for reimbursement. f) Medical Benefits for Retirees 1. For workers hired before August 12, 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 five (5) years service (1305 days of accrued service) or more with the County and who retire on PERS directly from the County on or after December 5, 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 same sex domestic partner (as defined in the Domestic Partner Section of this agreement) of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. 2. For workers hired on or after August 12, 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 same sex domestic partner (as defined in the Domestic Partner section of this agreement) of an worker employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. 3. For workers hired on or after June 19, 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 workers 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 same sex domestic partner (as defined in the Domestic Partner section of this

8 agreement) of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. 4. Such years of service expressed in 13.2 f) subsections 1, 2 and 3 above must be continuous service with the County and shall have been completed immediately preceding retirement directly on PERS from the County, 5. Delayed Enrollment in Retiree Medical Plan A retiree who otherwise meets the requirements for retiree only medical coverage under Section 13.2 (f) subsections 1, 2 or 3 may choose to delay enrollment in retiree medical coverage. Application and coverage may begin each year at the annual medical insurance open enrollment period after retirement. 6. Employee Contribution Toward Retiree Medical Obligation Unfunded Liability Effective with the paycheck beginning November 14, 2011, all coded employees shall contribute on a biweekly basis an amount equivalent to 1.437% of the lowest cost early retiree premium rate. Effective with the paycheck beginning June 25, 2012, all coded employees shall contribute on a biweekly basis an amount equivalent to 1% of the lowest cost early retiree premium rate. 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. h) The County will continue same sex domestic partner coverage Benefits shall be provided in accordance with Article 14 Domestic Partners. Section 13.4-Training for Disabled Employees f) Promotions Any position which involves a promotion will call for the normal qualifying procedures, written and/or oral examination. However, if it is found that an employee meets all the qualifications for a higher paying position and an eligibility list is already in existence, the employee shall be allowed to take a written and/or oral examination, and, if the employee qualifies, the employee s name will be placed on the eligibility list commensurate with his/her score. ARTICLE 14-DOMESTIC PARTNERS Registered Domestic Partners County employees who have filed a Declaration of Registered Domestic Partnership in accordance with the provisions of Family Code 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.

9 Unregistered Domestic Partners County employees who have an Affidavit of Domestic Partnership for Health or Dental Plan Enrollment Of Same-Sex Domestic Partners and Domestic Partner s Children currently on file with the County benefits office, who are not also Registered Domestic Partners under , may continue to receive benefits as provided in the Affidavit agreement through June 30, Effective July 1, 2012 the County will only recognize employee who have registered their Domestic Partnership through the Secretary of State. Tax Liability Employees are solely responsible for paying any tax liability resulting from benefits provided as a result of their domestic partnership. ARTICLE 14 5-PERS The County will continue the present benefit contract with PERS for the 2% 2.5% at 55 Retirement Plan, as amended December 17, In consideration for continuing the 2.5% at 55 Retirement Plan, the Union agrees for each worker covered under this benefit to contribute to PERS, through payroll deduction, effective November 14, 2011 an amount equal to 6.939% of PERS reportable gross pay. Effective June 25, 2012, each worker covered under this benefit shall contribute to PERS, through payroll deduction, an amount equal to 5.740% of PERS reportable gross pay. In accordance with 20636, Sub section (c) (4) of the California Public Employee Retirement Law, the County and SEIU Local Supervisory Chapter Unit agree that the County shall continue to report Employer Paid Member Contribution (EPMC) as special compensation concurrent with the effective date of PERS Single Highest Year. The County shall pay on behalf of all workers covered under PERS Miscellaneous 7% member (worker) contribution to the Public Employee s Retirement System as well as an additional 0.49% which is attributable to reporting EPMC as special compensation. Taking into consideration the agreement between the parties as a result of the prior implementation of 2% at 55 Plan, the County is entitled to add 10.49% to the base wage for effective wage. The County further agrees to amend its contract with PERS effective December 17, 2007, for the 2.5% at 55 Plan for Miscellaneous employees. In consideration for this amendment the Union agrees for each worker covered under this benefit to contribute to PERS, through payroll deduction effective December 17, 2007, an amount equal to 3.931% of PERS reportable gross pay for the duration of this Agreement. Section Reimbursement for Use of Private Vehicle a) Mileage Reimbursement Any employee required to travel on business for the County and who has been duly authorized to use and does use a privately owned automobile shall be allowed and paid as traveling expense or the actual miles traveled during any calendar month at the rate of thirty-one ($.31) per mile for all miles driven effective January 13, Effective September 1, 2000, the rate of reimbursement shall be equal to the standard mileage rate for auto expenses established

10 by the Federal Government as the maximum tax exempt mileage rate. Subsequent to September 1, 2000, the County rate of reimbursement shall be adjusted on the first day of them month that any change by the Federal Government standard mileage rate is effective. ADD NEW ARTICLE 24-REORGANIZATION For the purpose of this article, "reorganization" is defined as a change of organizational structure within a department or within the County that results in substantial changes or a written plan that outlines cumulative changes resulting in substantial changes and alters the basic relationship among the core functions of that department and the working relationships among the affected employees who carry out those functions in the Agency or established workgroup within the Department/Agency. Reorganization could include, but is not limited to changing or deleting of a program, or merging of programs within a department, or changing the Department's reporting structure within the County. The County will notify the Union a minimum of 60 calendar days prior to the reorganization of any department/agency. Upon the Union's request, the Department/Agency will meet with the Union and explain the business rationale for the reorganization and consider any alternatives proposed by the Union. Should the reorganization impact wages, hours or term and conditions of employment, the County and the Union agree to meet and confer regarding the impact of such proposed reorganization 45 calendar days prior to the reorganization. The parties agree to meet promptly to ensure timely implementation of any changes. ARTICLE 25-FURLOUGHS I. Furlough Period Between November 14, 2011 and June 24, 2012, all workers shall take 5 unpaid furlough days (40 hours). Between June 25, 2012 and June 23, 2013, all workers shall take (9.5) unpaid furlough days (76 hours). The number of furlough days shall be prorated for parttime workers and for workers on an unpaid leave. The number of furlough days shall be prorated by pay-period for new workers hired on or after November 14, 2011 or on/after June 25, 2012 respectively or for workers who work less than a full year. A worker who is on a leave of absence that requires the worker to charge a leave bank other than sick leave, or comp time, shall have the furlough bank charged first until exhausted. Additionally, workers will be required to use and/or substitute furlough days for scheduled vacation days until all furlough days are used. II. Service Level: It is understood by the County that there may be a lower level of service due to this Furlough Program. III. Even Distribution of Furlough Days: The County and the Union agree to implement a process which provides a uniform procedure and level impact to workers by having furlough days distributed evenly among each pay

11 period so as to avoid fluctuations on each workers pay check as a result of taking furloughs. Effective November 14, 2011 through June 24, 2012, the furlough days will be reflected in incremental deductions and will be calculated at the equivalent of hours per pay period. From June 25, 2012 through June 23, 2013, the deduction will be calculated at the equivalent of hours per pay period. This process of distributing furlough days evenly among pay periods will not reduce the overtime rate. IV. Dates for Furlough Closure 5 furlough days shall be scheduled in a manner that allows for uniform closure days for the SEIU 521 Supervisory Unit represented workers (except the areas listed in Section V below) the furlough days for County workers shall occur on the following dates: 1. November 25, January 2, 2012 V. Areas Excluded from Uniform Closure The below areas are excluded from uniform closure furloughs days: Any 24/7 agencies, departments or areas that were not closed on the Day After Thanksgiving Holiday in 2010 or Observed New Years Day VI. Self Directed Furloughs Fiscal Year 12-(5 Furlough Days) a) Workers excluded from uniform closure pursuant to Section V above shall take 5 self directed, management approved, furlough days. b) Workers subject to uniform closure days, shall take in addition to the closure days, 3 self directed furlough days for a total of 5 furlough days. During Fiscal Year 12, in addition to the 2 uniform closure days, workers shall take the remaining 3 self directed furlough days in the usage periods outlined below, unless the worker and manager/supervisor mutually agree to a different schedule. Multiple furlough days may be scheduled consecutively provided the dates are requested by the deadline outlined in section VII.3.b) and approved by the manager/supervisor: Usage Periods in Fiscal Year 12 For workers who are unable to take furlough days on the uniform closure days, the worker shall take self directed furlough days in the usage periods outlined below, unless the worker

12 and manager/supervisor mutually agree to a different schedule. Multiple furlough days may be scheduled consecutively provided the dates are requested by the deadline outlined in section VII.3.b) and approved by the manager/supervisor: Fiscal Year 13-(9.5 Furlough Days) a. Workers excluded from uniform closure pursuant to Section V above shall take 5 self directed, management approved, furlough days. b. Workers subject to uniform closure days, shall take in addition to the closure days, 3 self directed furlough days for a total of 5 furlough days. During Fiscal Year 13, workers shall take 7.5 self directed furlough days as mutually agreed upon between the manager/supervisor and worker. Multiple furlough days may be scheduled consecutively provided the dates are requested and approved by the manager/supervisor: Usage Periods in Fiscal Year 13 For workers who are unable to take furlough days on the uniform closure days, the worker shall take self directed furlough days in the usage periods outlined below, unless the worker and manager/supervisor mutually agree to a different schedule. Multiple furlough days may be scheduled consecutively provided the dates are requested by the deadline outlined in section VII.3.c) and approved by the manager/supervisor: VII. Definition of Furlough 1. Furlough refers to one or more hours of required leave taken on a consecutive or intermittent basis. 2. In Fiscal Year 12, all full-time, regular workers will be required to take 5 days (40 hours) of furlough and, in Fiscal Year 13, workers shall take 9.5 days (76 hours) of furlough. Parttime workers shall have furlough hours pro-rated. Workers on alternative work schedules will have the option of taking furlough hours, vacation, comp time off or unpaid leave to cover any scheduled hours in excess of eight (8) hours in one (1) day. 3. The following terms and conditions apply to the furlough program: a. Furloughs shall be taken in a minimum of one work day increments. Lesser increments may be taken by mutual agreement with prior manager/supervisor approval. This includes the ability to adjust alternative work schedules by mutual agreement to avoid the necessity for an employee to use paid or unpaid leave to cover any scheduled hours in excess of eight (8) hours in one (1) day. For example a worker on a 9/80 schedule may request to switch his/her 9 hour day and 8 hour day so that the furlough day will fall on the 8 hour work day instead of the 9 hour work day. Adjustment of alternate work schedules shall not result in overtime.

13 b. In Fiscal Year 12, a worker will submit a written request to his/her manager a list of a minimum of 3 dates and 3 alternate dates the worker would prefer to have off as his/her furlough days. The worker must submit his/her request by December 12, By mutual agreement, the worker and manager/supervisor may agree to have furlough days scheduled and taken prior to December 12, 2011 c. In Fiscal Year 13, a worker will submit a written request to his/her manager a list of a minimum of 8 dates and 8 alternate dates the worker would prefer to have off as his/her furlough days. The worker must submit his/her request by July 9, d. The manager shall approve or assign furlough days off after giving due consideration to the worker s preference for furlough days off. If a manager and a worker are unable to arrange a mutually agreeable schedule of furlough days by December 26, 2011 for Fiscal Year 12 and July 23, 2012 for Fiscal Year 13, the manager shall assign furlough days. If a worker does not submit a preference for furlough days off, the manager shall assign furlough days off in the usage periods outlined in Section VI above. If an employee does not use all of his/her furlough days, the days shall be forfeited, except in cases where the employee s scheduled furlough days are cancelled and/or all the furlough days cannot be rescheduled. If an employee leaves the County service, changes bargaining units, or is in an unpaid status that results in the employee using more furlough hours and has been deducted from the employee s pay, the amount shall be considered and processed as an overpayment. e. A worker may request to change his/her scheduled furlough day, provided it is approved by the manager. Multiple furlough days may be scheduled consecutively provided the dates are requested by the deadline outlined in subsections c) and d) above; and approved by the manager/supervisor. f. A manager/supervisor may request that a worker change his/her scheduled furlough day and provided this is agreeable to the worker, such day will be rescheduled to a mutually agreeable day. g. Furlough time will be considered time in paid status for the following: Accrual of paid leave Seniority Time in service for step increases Completion of probation h. Furlough time will be addressed in accordance with CalPERS regulations for the purpose of pension. i. Furlough time will not count as hours worked for the purpose of calculating overtime. However, except in the event of an emergency, a worker will not be subject to

14 mandatory overtime/extra hours in the same workweek as the furlough day(s) are scheduled. Supervisors will avoid scheduling where possible on-call assignments on a scheduled furlough day. Where this is not possible, the furlough day shall be treated in the same manner as a regular day off for the purposes of on-call. Should an employee work on a day that is not a regularly scheduled work day in a week in which a furlough is taken, the furlough day will be returned to the furlough bank and the extra day shall be considered as a regular work day; in no case shall an employee have a schedule that would require they be compensated for more than 40 hours in a week at the regular rate of pay. j. Should an emergency arise and the County requires a worker to work on a scheduled furlough day, the worker shall have the opportunity to schedule another furlough day and will have the highest priority in selecting a date. Should the worker not be able to schedule a furlough day within that Fiscal Year 12, the furlough day(s) must be taken in the next contract year no later than June 23, k. If a Social Work Supervisor or Social Work Coordinator II signs up for on call in the After Hours Programs (Emergency Response in the Department of Family and Children Services, Adult Protective Services) on a furlough day, the day shall be considered a furlough day and no adjustment or credit will be required. l. If a worker is assigned on a furlough day to be on telephone on-call in accordance with section 8.6 a) (Call-Back Pay) of the SEIU 521 Supervisory Unit, the day shall be considered a furlough day and no adjustment or credit will be required. m. If a worker is assigned on a furlough day to report to work in accordance with section 8.6 b) (Non-Contiguous Overtime Guarantee), it shall NOT be considered a furlough day, and the worker will be provided another opportunity to schedule another furlough day. n. If a worker is scheduled to report to work (a minimum of 4 hours) in accordance with section 8.6 a) Call-Back Pay of the SEIU 521 Supervisory Unit, the day shall NOT be considered a furlough day, and the worker will be provided another opportunity to schedule another furlough day. o. Furlough time off will be tracked under a separate hours code and appear on the payroll advices as a bank of hours. VIII. USAGE PRIORITIES a) The department s practice for granting time off shall dictate priority for competing requests for furlough days.

15 b) Absent a department practice, seniority, as defined as days of accrued service in any coded position under Section 5.1 of this contract, shall dictate priority for competing requests for Furlough Days. The Priority Order for scheduling time off for Fiscal Year 12 and Fiscal Year 13: Scheduling Furlough Days Personal Leave Days Scheduling Vacation Days Vacation that has already been scheduled prior to this agreement shall not be affected except by mutual agreement between the worker and manager/supervisor. Furlough days may be substituted for approved vacation days, either in part or in whole. IX. Personal Business/Belief Day Carry Over If a worker is not able to use all personal business/belief days due to the number of furlough days required for Fiscal Year 13, any personal business/belief days credited to the worker on June 24, 2012, that are unused on or before June 23, 2013 must be used on or before September 29, X. Implementation Meeting The County and Union agree to meet within 30 calendar days of ratification of this agreement to resolve any unforeseen implementation issues. ARTICLE TERM OF AGREEMENT This Agreement shall become effective only upon approval by the Board of Supervisors and ratification by the Union membership and shall remain in full force and effect to and including October 4, 2009 June 23, 2013 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 October 4, 2009 June 23, 2013, or any subsequent October 4, June 23, of its desire to terminate this Agreement or amend any provision thereof. APPENDIX B SALARY PLAN F Remove grades and add/delete classes as in Article 1. APPENDIX C- GUIDELINES FOR DEPARTMENTAL SAFETY COMMITTEES c) 10 -Supervisor s Report of Industrial Injury d. If, in the opinion of the supervisor, the accident is not the result of an unsafe working condition and the injured employee or Safety Steward disagrees, the employee or Safety Steward shall complete a Hazard Report form following the procedure as outlined in paragraph C.9(b) above.

16 c) 11 Delete Department of General Services and replace with Facilities and Fleet. APPENDIX D-EMPLOYEE ASSISTANCE PROGRAM This agreement represents the results of meeting and conferring in good faith between the County of Santa Clara and Locals 715 and 535, SEIU, AFL-CIO pursuant to Article 12, Section 12.9 and Article 13, Section 4 of the Joint Memoranda of Agreement the County and Locals 715 and 535, respectively. This section is now covered by the SEIU Local 521 Supervisory Unit. d) Term It is understood that up to ten thousand dollars ($10,000) has been committed by the County through August 1, 1993, to cover the costs of needed services as deemed necessary by the E.A.P. Coordinator in accordance with the guidelines established by the E.A.P. Coordinating Committee. Such monies are to be administered by the E.A.P. Counselor and monitored by the E.A.P. Coordinating Committee. Any change in the Program must be by mutual agreement. If the program is not changed, it will be funded at ten thousand dollars ($10,000) per fiscal year for the term of this Agreement. This Agreement shall become effective only upon ratification and approval of the Santa Clara County Board of Supervisors and Locals 715 and 535, SEIU. SEIU Local 521 Supervisory Unit, the successor union of SEIU Local 535 Supervisory Chapter. APPENDIX G-COUNTY OF SANTA CLARA SEIU LOCAL SUPERVISORY CHAPTER UNIT PERFORMANCE APPRAISAL INFORMATION Philosophy: This form has been designed to be a collaborative, proactive effort, which incorporates the Agency's mission statement and Department goals. It is to provide a balanced picture of the areas in which an individual excels and the areas needing development. This is not to be used as a disciplinary tool or for the purpose of transfers or for the purpose of promotions. Confidentiality: Performance Appraisals are confidential as are all personnel files. State law protects the confidentiality of personnel files. Access to personnel files is limited to employee, employee's representative, employee's current manager, and an appointing authority who is considering hiring the employee. Anyone who looks at a personnel file is required to sign and date it. The Performance Appraisal is separate and apart from the disciplinary, transfer or promotion process. Process: The first time the Performance Appraisal is completed it will not be placed in the employee's personnel file. Subsequent Performance Appraisals will be placed in the employee's departmental personnel file, as well as the manager s or supervisor s file. Annual appraisal reports shall not be placed in the ESA-HR personnel file.

17 Appraisals will not be used by the County in the disciplinary process or for the purpose of transfers or for the purpose of promotions. Sideletters: 1. Understanding on the Topics that Require Office of Labor Relations and Institutional Union Participation 2. Me Too 3. Agreement to Discuss the Supervisory Unit s Inclusion at the 2013 Master Negotiations