SIDE LETTER AGREEMENT BETWEEN THE COUNTY OF BUTTE (COUNTY) AND THE BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION - GENERAL UNIT (UNION)

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1 J!0/;01tf 3, J ~ SIDE LETTER AGREEMENT BETWEEN THE COUNTY OF BUTTE (COUNTY) AND THE BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION - GENERAL UNIT (UNION) Whereas, Section 8.01 of the MOU, entitled "Work Schedules," states: 8.01 Work Schedules "Except as provided below, the normal work schedule shall be twelve (12) hour shifts beginning at 7:00 a.m. or 7:00 p.m. The normal work schedule shall be eighty-four (84) 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. Notice shall constitute a posted work schedule, except that if any employee is on approved vacation, training, etc., notice shall require telephone contact or written notice to the employee's home address;" and Whereas, Section 9.03 of the MOU, entitled "Overtime-Correctional Officers and Correctional Technicians," states: 9.03 Overtime-Correctional Officers and Correctional Technicians "Correctional Officers may be assigned a fourteen (14) day work cycle pursuant to the Fair Labor Standards Act 7K exemption. Overtime is any time worked in excess of the regularly scheduled work day, in excess of twelve (12) hours per day or in excess of the eighty (80) hours biweekly, rounded to the nearest fifteen (15) minutes;" and Whereas, as part of their current schedule, Correctional Deputies are scheduled to work 12-hour shifts, and 84 hours each 14-day FLSA work period; and Whereas, it was recently discovered that hours 81 through 84 ( currently being paid as overtime premium) should be reported to CalPERS as pensionable compensation. Page 1 Side Letter Agreement

2 NOW THEREFORE, by this Side Letter Agreement, the County and Union hereby agree as follows: Work Schedules and Overtime Correctional Deputies scheduled to work twelve (12) hour shifts may be assigned to a fourteen (14) day work period pursuant to section 207(k) of the Fair Labor Standards Act ("FLSA") (i.e., the 7(k) exemption). Contract overtime (time and a half) will be paid for any time worked in excess of the regularly scheduled work shift, in excess of twelve (12) hours per shift, OR in excess of eighty-four (84) hours in a fourteen ( 14) day FLSA work period, rounded to the nearest fifteen (15) minutes. All regularly scheduled hours ( currently 84 hours for those scheduled to work 12-hour shifts) will be reported to CalPERS as pensionable compensation at straight time. Correctional Deputies scheduled to work twelve ( 12) hours shifts will be paid a "Detention Services Premium," equal to two and one-half percent (2.5%) of their base salary. This additional pay will be provided in lieu of receiving contract overtime for hours 81 through 84. The Detention Services Premium will be reported to CalPERS as pensionable compensation. Correctional Deputies not scheduled to work twelve (12) hour shifts will not be eligible to receive the Detention Services Premium. The parties mutually recognize and acknowledge that the FLSA overtime threshold for sworn law enforcement personnel in a 14-day work period authorized under the FLSA's 7(k) exemption is 86 hours. Section 8.01 would now read as: Except as provided below, the normal work schedule shall be twelve (12) hour shifts pursuant to section 207(k) of the Fair Labor Standards Act, beginning at 7:00 a.m. or 7:00 p.m. The normal work schedule shall be eighty-four (84) 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. Notice shall constitute a posted work schedule, except that if any employee is on approved vacation, training, etc., notice shall require telephone contact or written notice to the employees home address. In the event an employee is placed on Paid Administrative Leave the following workday the employee's schedule shall be changed at the sole discretion of the Sheriff, to Monday through Friday day shift, which traditionally is 5-8's, 4-lO's or similar schedule. Employees who are on 24 hour/7 day a week coverage schedule will continue to bank Holiday time as Holidays occur while on said leave. The employee shall remain available through his/her home telephone or cell phone during regular working hours, and is expected to respond to calls within one (1) hour of notification. Failure of an employee to respond to a call will result in either his/her accrued leave being utilized for the period of time that he/she did not respond, or he/she will be placed in a non-compensated status. In addition, a failure to respond when called will constitute a violation of the directive that that the employee remain available during regular working hours, and may result in Page2 Side Letter Agreement

3 the employee being subjected to disciplinary action, up to and including termination from employment. Payroll Reporting Represented employees assigned to the twelve (12) hour work schedule shall have 84 hours of compensation in the fourteen ( 14) day FLSA work period, paid at the employees' base rate of pay, reported to CalPERS for retirement benefits (i.e., "reportable compensation"). For purposes of processing payroll, and providing CalPERS with only pensionable compensation, represented employees regularly scheduled to work 84 hours in a fourteen (14) day FLSA work period shall have all 84 hours paid at his/her base rate of pay. In addition, such represented employees shall receive the Detention Services Premium) discussed above, which shall also be reported to CalPERS as pensionable compensation. Section 9.03 would now read as: Correctional Officers may be assigned 12 hour shifts in a fourteen (14) day FLSA work period pursuant to the Fair Labor Standards Act 7K exemption. Overtime is any time worked in excess of the regularly scheduled work day, in excess of twelve (12) hours per day or in excess of the eighty-four (84) hours biweekly, rounded to the nearest fifteen (15) minutes. Correctional Technicians may be assigned a fourteen (14) day FLSA work period pursuant to the Fair Labor Standards Act 7(b) exemption. Overtime is any work in excess of the regularly scheduled work day, in excess of twelve (12) hours per day or eighty (80) hours per biweekly period, rounded to the nearest fifteen (15) minutes. For employees whose normal assignment work day is in excess of eight (8) hours, overtime shall be work in excess of the normally assigned hours rounded to the nearest fifteen (15) minutes. For the purpose of calculating overtime worked, all paid time off with the exception of sick leave shall be considered hours worked. The County and Association agree that the NLRB Certification of Representation for Correctional Technicians has been assumed by the Association. Further, the County and Association agree that non-overtime hours for Correctional Technicians cannot exceed 1,040 during any six month period. Section would have the following section added: d) Detention Services Premium Correctional Deputies regularly scheduled to work twelve (12) hour shifts will be paid a premium pay equal to two and one-half percent (2.5%) of their base salary. Correctional Deputies not regularly scheduled to work twelve (12) hour shift will not be eligible to receive the Detention Services Premium. Page3 Side Letter Agreement

4 t - : - ' Parties further agree that this agreement is non-precedent setting. The terms described herein constitute the complete and entire agreement between the parties. The agreement shall be effective March 12, FOR THE COUNTY Bill Connelly Butte County Board of Supervisors, Chair Date: O<g' /Yl&.t..8 a,o/b FOR UNION a~ /2 s walc;tc: Michael Woolbert BCCO?s14ent Date: ~ 4(11; Page4 Side Letter Agreement

5 SIDE LETTER AGREEMENT BETWEEN THE COUNTY OF BUTTE (COUNTY) AND THE BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION GENERAL UNIT (UNION) Whereas, the existing Memorandum of Understanding (MOU) is set to expire on May 19, 2016; and Whereas the COUNTY and UNION have agreed to a twelve (12) month extension of this MOU. NOW THEREFORE, the County and Union hereby agree to the modifications of the following sections of the Butte County Correctional Officers Associations General Unit (BCCOA General) MOU : Compensation Safety Classifications Effective May 21, 2016, all wages in the salary/step schedule for represented classifications shall be increased by.7 percent. Each member of the bargaining unit shall receive a one-time, non-re-occurring payment in the amount of $250 during the second pay period in December Non-Safety Classifications Effective May 21, 2016, all wages in the salary/step schedule for represented classifications shall be increased by.7 percent. and Each member of the bargaining unit shall receive a one-time, non-re-occurring payment in the amount of $250 during the second pay period in December Participation Levels Employee A CORE PLAN Page 1 Side Letter Agreement

6 Effective December 1, 2015, the County shall pay the amounts set fourth below toward premium for health insurance coverage elected through PERS. These amounts are inclusive of the PERS minimum health contribution. 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: Employee Only $ Employee Plus One $1, Family $1, The contributions listed above will first be applied to health insurance premiums with any remaining amount going next to dental and then to vision premiums. Option B - FLEXIBLE BENEFIT OPTIONS Employees who elect not to participate in Option A will be required to sign a waiver and provide proof of qualified 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 I. Employees hired on or before December 31, 2013, will receive an employer flex credit monthly contribution of Four Hundred Three Dollars and Thirty-Four Cents ($403.34) per month for "employees" who elect Option B. Employees hired on or after January 1, 2014, will receive an employer flex credit monthly contribution to Two Hundred Dollars ($200) per month for employees who elect Option B. Employees can use this contribution toward any of the Flexible Benefit Options listed in the Flexible Benefits Options Exhibit. Should it be determined that it is unlawful to provide such benefits to employees who opt out of the County Sponsored health insurance and enroll in healthcare via Covered California, the parties agree to reopen to discuss the impacts. One time cash disbursement: Those employees who have elected to participate, and qualify as of December, 2015, in cash-back in lieu of health insurance for benefit year 2016, will receive a one-time disbursement of six hundred ($600.00) dollars on the second payday in December, This disbursement will be included in the employee s regular paycheck and will be subject to payroll deductions. Should an employee elect to participate in cash-back, receive the $600 one-time disbursement (currently scheduled for December 2015), and at some point during calendar year 2016 enroll in County sponsored health insurance, employee shall repay a pro-rated portion of the $600 one-time disbursement back to the County based on the number of months the employee will be participating in County sponsored health insurance. Repayments will be made on a monthly basis at the rate of $50 per month for all applicable months. and TERMS OF AGREEMENT Page 2 Side Letter Agreement

7 This side letter extension shall become effective upon ratification of both parties and shall extend this contract from May 20, 2016 to May I 9, All sections of this Memorandum of Understanding not modified by this side letter remain in full force and effect. Through December 1, 2016, at the request of the BCCOA, the County shall meet and confer regarding any subsequent agreement between the County and any other bargaining unit which provides more than a 3% recurring increase in wages and /or health benefits (collectively) during calendar years 2015 and/or This provision shall sunset on December 2, 2016." This Side Letter Agreement identifies those articles, sections, and subsections of the Memorandum of Understanding between the County and the Union that the parties have mutually agreed to revise. All other terms of the Memorandum of Understanding remain in full force and effect. FOR THE COUNTY OF BUTTE Doug Teeter Butte County Board of Supervisors, Chair FORBCCOA /J/4.5i-UJb Michael Woolbert BCCOA President Date: Page 3 Side Letter Agreement

8 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF BUTTE AND BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION- GENERAL UNIT

9 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF BUTTE AND THE BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION - GENERAL UNIT May 20, 2014 to May 19, 2016 TABLE OF CONTENTS 1.00 RECOGNITION MANAGEMENT RIGHTS ASSOCIATION SECURITY GENERAL PROVISIONS MAINTENANCE OF MEMBERSHIP COUNTY RESPONSIBILITIES UNION RESPONSIBILITIES ASSOCIATION RIGHTS ACCESS TO EMPLOYEES BULLETIN BOARDS USE OF COUNTY FACILITIES AND RESOURCES NEW CLASSIFICATIONS NEW EMPLOYEE ORIENTATION ASSOCIATION RELEASE TIME BANK ASSOCIATION REPRESENTATIVES NEGOTIATORS SHOP STEWARDS NON-DISCRIMINATION AFFIRMATIVE ACTION INDIVIDUAL RIGHTS PERSONNEL FILES HOURS OF WORK, WORK SCHEDULES, SALARY SCHEDULES AND RESTRICTIONS WORK SCHEDULES ALTERNATE SCHEDULES MEAL PERIODS REST PERIODS OVERTIME ELIGIBLE POSITIONS OVERTIME DEFINED OVERTIME-CORRECTIONAL OFFICERS AND CORRECTIONAL TECHNICIANS OVERTIME AUTHORIZATION OVERTIME COMPENSATION ACCUMULATED COMPENSATORY TIME OFF FRINGE BENEFITS NOT AFFECTED BY OVERTIME ASSIGNMENT OF OVERTIME VACATION LEAVE VACATION BUY-BACK VACATION LEAVE USAGE SICK LEAVE LEAVES OF ABSENCE ii

10 12.01 BEREAVEMENT LEAVE INDUSTRIAL DISABILITY LEAVE WITH PAY INDUSTRIAL DISABILITY LEAVE WITHOUT PAY MILITARY LEAVE COUNTY S MEDICAL LEAVE POLICY JURY AND WITNESS LEAVES PAID ADMINISTRATIVE LEAVE HOLIDAYS HOLIDAYS COMPENSATION COMPENSATION SAFETY CLASSIFICATIONS NON-SAFETY CLASSIFCIATIONS BOOT ALLOWANCE CANINE COMPENSATION SHIFT DIFFERENTIAL PAY TEMPOARY ASSIGNMENT IN HIGHER PAID CLASSIFICATION (TEMPORARY UPGRADE) BILINGUAL PAY DIFFERENTIAL (BILINGUAL PREMIUM) CALLBACK PAY STANDBY PAY SPECIAL PAY DIFFERENTIALS NON-SALARIED BENEFIT UNEMPLOYMENT INSURANCE HEALTH PLAN EMPLOYEE HEALTH PLAN ELIGIBILITY DESCRIPTION PARTICIPATION LEVELS ADMINISTRATION RETIRED EMPLOYEE OPTIONS BENEFIT PLAN REVIEW COMMITTEE EMPLOYER-EMPLOYEE HEALTH PLAN DISCUSSION RETIREMENT PLAN MEMBERSHIP RETIREMENT CONTRIBUTION SAFETY CLASSIFICATIONS NON-SAFETY CLASSIFICATIONS RETIREMENT CREDIT FOR SICK LEAVE RETIREMENT HEALTH SAVINGS ACCOUNT REIMBURSEMENT OF EXPENSES EXPENSES FOR MILEAGE PROFESSIONAL LICENSE FEES CONCEALED WEAPONS PERMIT MEAL REIMBURSEMENTS EXPENSE REIMBURSEMENT TUITION REIMBURSEMENT COMPENSATION STUDY DISCIPLINARY ACTION RIGHT TO REPRESENTATION DEFINITION OF DISCIPLINE PRE-DISCIPLINARY NOTICE NOTICE TO ASSOCIATION APPEAL OF DISCIPLINARY ACTION GRIEVANCE PROCEDURE iii

11 21.01 INTENT DEFINITION AND SCOPE OF A GRIEVANCE GRIEVANCE PROCEDURE STEPS CONSISTENT AWARDS ADMINISTRATION OF THE GRIEVANCE PROCEDURE ASSOCIATION S STANDING TO GRIEVE SAFETY SAFE WORKING CONDITIONS COUNTY SAFETY COMMITTEE TRANSFER AND PROMOTIONAL OPPORTUNITY LAYOFF SENIORITY LIST SCORE COMPUTATION ORDER OF SEPARATION IN REDUCTION-IN-FORCE LAYOFF NOTICE DEMOTION IN LIEU OF LAYOFF LAYOFF REINSTATEMENT LAYOFF - PROBATIONARY EMPLOYEES PERFORMANCE EVALUATION NOT SATISFACTORY DISCUSSION REQUIRED LIFE INSURANCE IRS 125 PROGRAM EMPLOYEE ASSISTANCE PROGRAM DEPENDENT CARE COMMITTEE PAST PRACTICES SIDE LETTERS FULL AGREEMENT GENERAL PROVISIONS ENACTMENT SAVINGS CLAUSE PEACEFUL PERFORMANCE TERM OF MEMORANDUM ATTACHMENT A; SALARY SCHEDULE ATTACHMENT B; EMPLOYEE REPRESENTATION RELEASE FORM EXHIBIT I: FLEXIBLE BENEFITS OPTIONS iv

12 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF BUTTE AND THE BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION GENERAL UNIT Pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et seq., of the California Government Code and Chapter 10 of the Butte County Personnel Rules and Regulations, representatives of the County of Butte, hereafter called "County, and the Butte County Correctional Officers 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 RECOGNITION The County recognizes the Butte County Correctional Officers Association as the representative for employees in classifications designated for inclusion in the Correctional Officers Association-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 10 of the Butte County Personnel Rules. Such designation classifications are attached hereto as Attachment A 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 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 Human Resources Department 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, 1

13 through the Human Resources Department, forward in a timely manner payroll deductions withheld from employees within the unit. The Association shall immediately notify the Human Resources Department 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 employee s paycheck. 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. Upon the request of the Association, the County also agrees to provide on a monthly basis, a copy of the monthly status report which will include that information that is required by law. (Currently includes a list of members, employee identification number, department, classification, hire date and home addressunless such information is otherwise confidential). In the event of a layoff in classes represented by the Association, the Association shall be provided with a copy of the resulting reemployment list(s) Maintenance of Membership a) Agency Shop- The parties acknowledge that the Butte County Correctional Officer s Bargaining Unit has been declared an agency shop in accordance with Government Code Section (b). Designation of an Agency Shop requires all employees in the bargaining unit to either join the recognized Association, pay a service fee as determined by the Association, or meet the religious objection requirement per Government Code Section (c). 1. Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or finally support public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. Such employees shall be required, in lieu of periodic dues, initiation fees, or agency fees, to pay sums equal to the dues, initiation fees, or agency fees to a nonreligious, non labor charitable fund exempt from taxation under Section 501(C)(3) of the Internal Revenue Code, chosen by the employee from a list. Proof of the payments shall be made on a biweekly deduction report to the Union as a condition of continued exemption from the requirement of financial support to the Union. * American Red Cross * Butte College Foundation Fund * Pediatric Aids Foundation 2. To qualify for the religious exemption, the employee must provide to the Union, with a copy to the County, a written request for the exemption, along with verifiable evidence of membership in a religious body as described above. The County will implement the religious exemption within thirty (30) 2

14 days of the written request unless notified by the Union that the requested exemption is not valid. 3. Covered employees shall execute written authorization for either Union dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization, the County shall deduct the agency fee from the employees pay check. The County agrees to promptly remit to the union all monies deducted accompanied by a Bi-weekly Agency Fee Deduction report to include include that information that is required by law (Currently includes a list of members, employee identification number, department, classification, hire date and home address-unless such information is otherwise confidential) and amounts of deductions in the same manner and timeframes as the current provision of the dues deduction reports. 4. An Agency shop provision may be rescinded only as provided by State Law. 5. An agency shop arrangement shall not apply to management, confidential, or supervisory employees. 6. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the County and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an opening statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or a certified public accountant County Responsibilities No later than thirty (30) days following the date of implementation of this Section the County agrees to provide the Union with a list which will include that information that is required by law (Currently includes a list of members, employee identification number, department, classification, hire date and home address-unless such information is otherwise confidential) for each employee in the bargaining unit. Subsequently, the County shall provide the Union the name, social security number, and department the information stated above 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, the County agrees to promptly remit such monies to the Union each month together with an alphabetical list of unit members, categorized as to member or nonmember of the Union, 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. b. If through error, the full amount due to be deducted is not deducted and remitted to the Union, the County will, upon written request from the 3

15 Union and notice to the affected employee, provide subsequent deductions until the shortage is corrected. For its part, the Union shall promptly refund to the employee any deductions erroneously withheld from the employee s wages by the County and remitted to the Union. c. If an employee enters a non-paid status, it shall be the employees responsibility to submit dues directly to the Association in order to maintain any and all benefits of the Association. d. Upon return from leaves of absence, the County shall reinstate the payroll deduction of Association dues for those employees who are dues checkoff immediately prior to taking leave. Enforcement of these sections 3.01 and 3.02 shall be the responsibility of the Association, utilizing appropriate civil procedures. The Association shall indemnify and hold the County harmless from any and all third party claims, demands or suits, or any other action arising from this section. The County will generally utilize attorneys from its County Counsel Office at Association expense to represent it in any matter arising under these sections 3.01 and/or However, the County may select and utilize outside counsel of its choice at Association expense if it deems is appropriate or otherwise necessary to address any third party matter arising under these sections 3.01 and/or Union Responsibilities The Union 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 Union, and shall become effective no later than thirty (30) days following the date that the County receives such certification from the Union. Additionally, the Union agrees to furnish any information needed by the County to fulfill the provisions of this Section. The Union shall comply with all applicable statutory and case law in administering this section 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 nonwork 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, disciplinary, criminal or appeal matters. 4

16 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 Chief Administrative Officer, the Association may install and maintain separate bulletin boards in the employee rest areas of the Butte County Jail. The Association agrees that notices posted on bulletin boards shall not contain anything that may be construed as maligning and/or derogatory to the County or its representatives. Informational materials only may be posted. No derogatory, inflammatory or political (excluding internal Association business) materials may be posted. Material posted shall not contain personal attacks on any County official or employee, any material that constitutes harassment, discrimination or retaliation based on race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. The County reserves the right to remove any material posted in violation of this section. However the Association may grieve the application of this section up to and including Step 3 of the grievance procedure 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 system and , 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 New Classifications The Association shall be advised in advance of any new position or classification to be created or changed in any way and afforded a full and complete opportunity to meet and confer with the County relative to negotiable matters relating to said positions or classification. The County and the Association may meet and confer if necessary regarding any matters within the scope of representation concerning 1) any County change to an existing job classification or 2) County adoption of a new job classification. 5

17 The Association shall be provided the following information, if available at the time of notification from the County: The proposed job specification; Current job specification; The proposed salary; Current salary; Organizational Chart including position, The Associations bargaining team shall normally be limited to three representatives, unless otherwise agreed by the parties 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 Association Release Time Bank An Association Time Bank (ATB) has been established for the purpose of allowing BCCOA members to request paid time off for Association business, including participation in Association sponsored training, conferences and workshops. Any request of ATB time shall require the approval of the President prior to submission. ATB requests shall follow the same policy for approval as vacation time. ATB time requests shall be approved unless staffing is required on an overtime basis in order for the request to be approved. The Sheriff reserves the right to approve ATB requests which incur overtime costs. ATB time shall not supersede previously approved vacation requests of other Sheriff s personnel. Upon ratification each employee covered by this bargaining unit shall contribute two and a half (2.5) hours of vacation leave to the ATB. During the first full pay period that begins in January of each year, each employee covered by this MOU shall contribute two and one half (2.5) hours of vacation leave to the Association time bank. This time, if not utilized by the Association within the year it is contributed shall not be returned to the contributing members, nor shall this time be subject to cash out, but rolled over to the next year s ATB. This time shall be come property of BCCOA and shall be banked. Contributions to the ATB shall be done on an hour for hour basis ASSOCIATION REPRESENTATIVES 5.01 Negotiators The Association shall be allowed to designate up to five (5) 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 6

18 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 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 Sheriff s Department of the names, classifications and departments of their stewards, which shall not exceed) six (6) in number, including one chief steward. The Association shall immediately inform the Director of Human Resources and Sheriff s Department 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, and Sheriffs Department, the Association may use the Sheriffs Department Training Room(s) 7

19 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 Attachment 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 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 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 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 Resources 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. 8

20 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 HOURS OF WORK, WORK SCHEDULES, SALARY SCHEDULES AND RESTRICTIONS 8.01 Work Schedules Except as provided below, the normal work schedule shall be twelve (12) hour shifts beginning at 7:00 a.m. or 7:00 p.m. The normal work schedule shall be eighty-four (84) 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. Notice shall constitute a posted work schedule, except that if any employee is on approved vacation, training, etc., notice shall require telephone contact or written notice to the employees home address. In the event an employee is placed on Paid Administrative Leave the following workday the employee s schedule shall be changed at the sole discretion of the Sheriff, to Monday through Friday day shift, which traditionally is 5-8 s, 4-10 s or similar schedule. Employees who are on 24 hour/7 day a week coverage schedule will continue to bank Holiday time as Holidays occur while on said leave. The employee shall remain available through his/her home telephone or cell phone during regular working hours, and is expected to respond to calls within one (1) hour of notification. Failure of an employee to respond to a call will result in either his/her accrued leave being utilized for the period of time that he/she did not respond, or he/she will be placed in a non-compensated status. In addition, a failure to respond when called will constitute a violation of the directive that that the employee remain available during regular working hours, and may result in the employee being subjected to disciplinary action, up to and including termination from employment 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. Work schedules may include twelve (12) hour schedules, 9/80 schedules, 4/10 schedules, and/or other alternative scheduling patterns. Prior to establishing an entirely new alternate 9

21 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. Except as provided herein 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 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. Jail personnel will be provided one hot meal and shall provide sufficient quantities of food for day and night shift personnel at no expense due to being restricted to remain at the jail during meal period Rest Periods Employees may be allowed two (2) duty-free rest breaks of fifteen (15) minutes during the mid-portion for the beginning and ending period 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 OVERTIME 9.01 Eligible Positions All positions in classifications designated in the Butte County Correctional Officers Association-General Unit Overtime Defined Overtime is any work rounded to the nearest fifteen (15) minutes time worked in excess of the regularly scheduled work day or in excess of the eighty (80) hours biweekly. For employees whose normally assigned work day is in excess of eight (8) hours, overtime shall be work rounded to the nearest fifteen (15) minutes beyond the normally assigned 10

22 hours. For the purposes of calculating overtime, all paid time off with the exception of sick leave shall be considered hours worked Overtime-Correctional Officers and Correctional Technicians Correctional Officers may be assigned a fourteen (14) day work cycle pursuant to the Fair Labor Standards Act 7K exemption. Overtime is any time worked in excess of the regularly scheduled work day, in excess of twelve (12) hours per day or in excess of the eighty (80) hours biweekly, rounded to the nearest fifteen (15) minutes. Correctional Technicians may be assigned a fourteen (14) day work cycle pursuant to the Fair Labor Standards Act 7(b) exemption. Overtime is any work in excess of the regularly scheduled work day, in excess of twelve (12) hours per day or eighty (80) hours per biweekly period, rounded to the nearest fifteen (15) minutes. For employees whose normal assignment work day is in excess of eight (8) hours, overtime shall be work in excess of the normally assigned hours rounded to the nearest fifteen (15) minutes. For the purpose of calculating overtime worked, all paid time off with the exception of sick leave shall be considered hours worked. The County and Association agree that the NLRB Certification of Representation for Correctional Technicians has been assumed by the Association. Further, the County and Association agree that non-overtime hours for Correctional Technicians cannot exceed 1,040 during any six month period 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 Overtime Compensation Employees shall be compensated for overtime at one and one-half (1 1/2) times their regular rate of pay Accumulated Compensatory Time Off Employees may accrue Compensatory Time Off (CTO) in lieu of overtime pay. The accrual rate for CTO shall be one and one half hours for each hour of overtime worked. No more than 160 hours of CTO may be carried on the books at any time. An employee s decision to elect CTO instead of overtime is irrevocable. Upon separation, the employee will be paid at the employee s current hourly rate for the remaining CTO balance. 11

23 CTO accumulation is excess of the cap shall be paid with regular wages in the pay period in which it is earned. CTO may be cashed out a minimum of eight (8) hours monthly with the approval of the Sheriff or designee. CTO accruals shall appear on the employee s biweekly earnings statement. When an employee has submitted a written request for time off twenty (20) days in advance, said time off shall be approved and shall only be denied to meet unanticipated departmental needs of an emergency nature 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 Assignment of Overtime The County will continue to hire full-time extra help employees. 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 full-time extra help employees. Part-time extra help employees will be utilized to fill vacant shifts. Part-time extra help employees may not displace a regular employee s normal shift and/or shift rotation. The above preferences for regular employees may not be granted in special circumstances; for example, excessive overtime being worked by regular employees, sick leave being taken during the pay period, gender requirements, etc VACATION LEAVE Refer to Section the Personnel Rules Vacation Buy-Back Employees shall have the option of requesting pay in lieu of time off up to a maximum of 144 hours of vacation time each year, during each year of the contract in increments of eight (8) hrs. Such requests are subject to the approval of the department head and the availability of funds Vacation Leave Usage Any member of this unit, while out on a pre-approved vacation, shall be allowed the use of sick leave if at any point during their vacation the member becomes ill or injured. The use of sick leave shall be limited to the date of illness or injury. The use of additional sick leave may be required, pending the medical certification. 12