HomeMy WebLinkAbout11-022Resolution
A RESOLUT[ON RESOLVING IMPASSE IN THE MEET AND CONFER PROCESS
AND APPROVING ADOPTION OF TERMS AND CONDITIONS OF EMPLOYMENT FOR
MARCH 29, 2011 -MARCH 28, 2012 FOR THE COUNTY EMPLOYEES IN THE
BUTTE COUNTY DEPUTY SHERIFF'S ASSOCIATION GENERAL UNIT
WHEREAS, California Government Code Sections 3500 through 3511 (hereinafter the
"Meyers-Milias-Brown Act" or "the Act"} provide in pertinent part that representatives of the
governing body of the County shall meet and confer in goad faith with representatives of a
recognized employee organization in order to endeavor to reach agreement regarding proposed
changes in wages, hours and other terms and conditions of employment; and
WHEREAS, the Memorandum of Understanding {hereinafter "the MOU"} between Butte
County and the Butte County Deputy Sheriff's Association General Unit (hereinafter "DSA
General Unit"} expired September 30, 2008; and
WHEREAS, upon reaching impasse, the Board unilaterally imposed terms and
conditions of employment on February 9, 2010 for the period of December 1, 2009 -June 30,
2010; and
WHEREAS, County representatives and representatives of the DSA General Unit have
been meeting and conferring since July 20, 2010 on proposed changes to the MOU in
accordance with the Meyers-Milias-Brown Act; and
WHEREAS, the County's bargaining representatives submitted the County's Last, Best
and Final Offer to DSA General Unit on December 27, 2090; and
WHEREAS, the DSA General Unit rejected the County's Last, Best and Final offer; and
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WHEREAS, on February 2, 209'1, the County and the DSA General Unit's bargaining
representatives had an impasse meeting in a final effort to resolve the remaining issues in
dispute from the County's Last, Best and Final Offer that was rejected by the DSA General Unit.
The meeting did not resolve the issue; the parties agreed they were at impasse, and the matter
is being brought before the Board of Supervisors; and
WHEREAS, authority for a public agency to unilaterally implement its Last, Bes#, and
Final Offer is set forth in California Government Code Section 3505.4, which states: "If after
meeting and conferring in good faith, an impasse has been reached between the public agency
and the recognized employee organization, and impasse procedures, where applicable, have
been exhausted, a public agency that is not required to proceed to interest arbitration may
implement its last, best, and final offer, but shall not implement a memorandum of
understanding. The unilateral implementation of a public agency's bast, best, and final offer shall
not deprive a recognized employee organization of the right each year to meet and confer on
matters within the scope of representation, whether or not those mafters are included in the
unilatera[ implementation, prior to the adoption by the public agency of its annual budget, or as
otherwise required by law."; and
WHEREAS, the parties have concluded any and all impasse resolution procedures as
required by all applicable statutes, rules, regulations and agreements; and
WHEREAS, the County's bargaining representatives and the County's Chief
Administrative Officer hereby recommend unilateral approval and adoption of the County's Last,
Best and Final Offer.
NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS DOES
RESOLVE AS FOLLOWS:
Section 1. Resolution No. 11--022 is approved, thereby unilaterally adapting the
County's Last, Best and Final Offer as set forth in the attached Terms and Conditions of
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Employment for the term of March 29, 2011 -March 28, 2012 for County Employees in the DSA
General Unit, Exhibit A hereto.
Section 2. This resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of
California, at a regular meeting of said Board, held on the 29th day of March 2011, by the
following vote:
AYES: Supervisors Conneily, Wahl, Kirk, Yamaguchi, and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted at a
regular meeting of the County of Butte Board of Supervisors on March 29, 2011.
Steve Lambert, irman of the Board of Supervisors
ATTEST:
Paul Hahn, Chief Ac~inistrative
and Clerk of'f~e B aid of Super
BY:
FORM:
Bruce S. Ali
County Cou
Attachment
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Exhibit A to Resolution No. 11- 022
Butte County Comprehensive Imposed Terms and Conditions for the Deputy
Sheriff sAssociation-General Unit
The following terms and conditions of employment shall be in effect from
March 29, 2011 through March 28, 2412 far the County of Butte employees in the
Deputy Sheriff 5 Association General Unit:
Imposition Date: March 29, 2011
Subjects: 1 Year Imposition Terms and Conditions
Term: March 29, 2011 through March 28, 2012
Imposition Terms and Conditions:
]. Section 3,01(d) Maintenance of Membership:
The County may select and utilize attorneys of its choice at Union expense
concerning any matter arising under these Association Security Sections 3.00-
3.01 if the parties implement mandatory agency fee dues deductions.
2. Section 4.02 Bulletin Boards:
The Association will have access to a portion of the departmental bulletin boards
designated by the appointing authority for the purpose of publishing meeting
announcements and other organization notices.
The Association agrees that notices posted on bulletin boards shall not contain
anything that maybe constzued as maligning andlor derogatory to the County or
its representatives. Informational materials only maybe posted. No derogatoryy,
inflammatory or political materials may be posted.
Material posted shall not contain personal attacks on any County official ar
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, and any County decision to do so is not grievable.
3. Section x.05 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 rely#ive to negotiable matters relating to said
positions or classifications. 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. The Association shall be provided the following
information if available at the time of notification from the County:
• The proposed job specification;
• Current jab specification;
• The proposed salary;
• Current salary, and
• Organizational Chart including position.
The Association's bargaining team shall normally be limited to three
representatives, including paid staff, unless otherwise agreed by the parties.
4. Section 14.04 Bilingual Pay Differential:
When it has been determined that an employee's use of bilingual language skills
or specialized communications skills are essential and critical for the successful
performance of job duties, a bilingual differential shall be paid at a rate of eighty
dollars ($80.00) dollars per pay period worked, calculated on an hourly basis or
portion thereof. Authorized, time off of less than four weeks shall not affect the
calculation of bi-lingual pay.
5. Section 22.02(c} Definition and Scope of Grievance:
The County has the sole authority to decide what proceeds to arbitration.
6. Section 18.OS Tuition Reimbursement:
Upon written request of the employee and advance written approval of the
Department Head, an employee enrolled in classes or courses accredited by the
U.S. Department of Education which are directly related to the employee's
position shall be entitled to reimbursement of one half (112) of the cost of required
instructional materials and/or tuition, upon proof of successful completion of the
class or course, up to a maximum of $S00 per fiscal year. This program is subject
to available funds and not to be used in lieu of other County programs.
7. Section 30.00 Classification/Compensation Study:
El Dorado County
Placer County
Shasta County
Stanislaus County
Sutter County
Tehama County
Tulare County
Yolo County
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Yuba County
Department ofJustice-Special Agent
8. Section 17.02 Retirement Contribution:
Effective the pay period beginning April 16, 2411, employees will pay on a pre-
tax basis three percent {3%) of salary for the employee share of their Ca1PERS
pension and the County will pay the remaining six percent (6%} of salary.
9. Section 15.05 Retired Employee Options:
Effective January 1, 2010, sick leave conversion at the time of retirement will be
calculated at the Employee A -Core Plan amount, which is the Blue Shield HMO,
Delta DP(} and Vision Service Plan premiums.
Employees hired after June 30, 2010 are not eligible for the conversion of sick
leave to health insurance or one year's paid health coverage as outlined in Section
16.05.
10. Section 17.03 Retirement Credit for Sick Leave:
An employee may, upon retirement from the County under PERS, use any sick
leave accumulation in accordance with one of the following options.
Additionally, this application must be made at the time of retirement. Cash out
stands alone.
1. Sick leave accumulation reported to PERS for service credit.
2. Sick leave conversion to purchase continued health, dental and vision
coverage as outlined in Section 16.05. Any remaining sick leave after
conversion to be reported to PERS as service credit.
3. An employee who has on accrual more than two hundred and
forty {240} hours of sick leave maybe compensated for that portion over
two hundred and forty (240} hours at one-half (112} the normal rate of pay
for the employee up to a maximum of three thousand dollars ($3,000).
Employees must make their election when they retire and may not later change
their election. Employees may not cash-out sick leave at retirement in
combination with any of these three options.
11. Past Practices:
All past-practices axe non-enforceable as of the effective date of imposition unless
the parties continue to utilize the past practice.
12. Side Letters:
All side letters are non-enforceable as of the effective date of imposition.
13. Employer-Employee Health Plan Discussion:
On or about April i, 2011, the parties shall commence discussions regarding
possible changes to the health plan that might reduce employee premium cost.
The County will not unilaterally implement any changes to the existing health
plan as a result of these discussions.
14. Court Standby:
An employee required to standby at home on the employee's non-work day
awaiting to be called to Court pursuant to a subpoena to testify in a criminal
prosecution will receive one hour of vacation accrual for each hour of waiting at
home, rounded to the neazest quarter hour. This accrual shall begin at 8:00 AM
on the day of the Court standby and shall end when the employee is either called
to leave home to go to Court commencing callback pay or is informed that the
employee will not have to report to Court that day. Court standby vacation
accrual shall not overlap callback pay.
1S. Settlement Agreement for 2005 Compensation lssue:
This agreement is concerning. wage and hour issues brought forth in the meet and
confer process for the 2010/2011 fiscal year with regard to how the following two
items were to be implemented in 2005:
l . Salary increases; and
2. Movement from paid holidays of 10 hours, to paid holidays of 8 hours.
The County and the Association, hereby agree that:
1. All members of the Association shall receive an increase of $55/month
towards the County's contribution towards medical premiums, effective April
16, 2011.
2. The Association agrees to withdraw any filed grievances and not file any
future grievances or any other proceedings :in law or equity arising from or
related to the matters set forth above upon the full execution of this settlement
agreement.
3. This settlement will also be memorialized in the imposition document,
scheduled to go before the Board far consideration on March 29, 2011.
4. The parties willingly agree to this resolution as final disposition of both
issues.
5. This agreement is not precedent setting.
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16. Maintenance of Benefits:
The County agrees, unless stipulated above, to maintain all other terms and
conditions of employment set Earth in the Memorandum of Understanding
between the County of Butte and the DSA General unit that expired September
30, 2008.
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