HomeMy WebLinkAbout11-071Resolution
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
RESOLVING IMPASSE IN THE MEET AND CONFER PROCESS
AND IMPLEMENTING ITS LAST, BEST AND FINAL OFFER TO THE COUNTY EMPLOYEES .
IN THE
PROFESSIONAL EMPLOYEES ASSOCIATION FOR JULY 12, 2011 -JULY 11, 2012
WHEREAS, California Government Code Sections 3500 through 3511 (hereinafter the
"Meyers-Milias-Brawn Act" or "the Act") provide in pertinent part that representatives of the
governing body of the County steal! meet and confer in good 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 Professional Employees Association (hereinafter "PEA"} expired June 30, 2010;
and
WHEREAS, the County representatives and representatives of the PEA have been
meeting and conferring since June 15, 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 one and
three year Comprehensive Best Offers subject to PEA review of the 2010 Comprehensive
Annual Financial Report (CAFR} to PEA on March 15, 2011; and
WHEREAS, the County's bargaining representatives met with PEA to review their audit
findings of the 2010 Comprehensive Annual Financial Report (CAFR} on April 20, 2011; and
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WHEREAS, the County's bargaining representatives submitted the County's one and
three year Las#, Best and Final Offers to PEA on May 5, 2011; and
WHEREAS, the PEA membership rejected both the County's one and three year Last,
Bes# and Final Offers on May 20, 2011; and
WHEREAS, the County's bargaining representatives declared impasse on May 24, 2011
and requested an impasse meeting; and
WHEREAS, on June 9, 2011, the County and the PEA bargaining representatives had
the impasse meeting in a final effort to resolve the remaining issues in dispute from the County's
one and three year Last, Best and Final Offers that were rejected by the PEA. The meeting did
not resolve the issues and the parties continued to be at impasse, and therefore the matter is
being brought before the Board of Supervisors; and ~ `
WHEREAS, authority for a public agency to unilaterally implement its Last, Best, 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, bes#, and final offer, but shall not implement a memorandum of
understanding. The unilateral implementation of a public agency's last, best, and gnal 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 matters are included in the
unilateral 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
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WHEREAS, the County's bargaining representatives and the County's Chief
Administrative Officer hereby recommend unilateral approval and adoption of the County's one
year Last, Best and f=inal Offer.
NOW, THEREFORE, BE IT RESOLVED that this Resolution is approved, thereby
unilaterally adopting the County's one year Last, Best and f=inal Offer as set forth in the
attached Terms and Conditions of Employment for the term of July 12, 2011 - Juiy 11, 2012 for
County Employees in the PEA, Exhibit A, attached hereto and incorporated herein, to be
effective immediately upon passage and adoption of this Resolution.
BE IT FURTHER RESOLVED that in accordance with Government Code Section
35Q5.4, this Resolution implements the County's one year Last, Best and Final Offer. This
Resolution does not purport to implement a memorandum of understanding and does not
deprive the PEA of its right to negotiate.
BE iT FURTHER RESOLVED that only the modifications of wages, hours or other terms
and conditions of employment within the scope of representation that are modified by this
Resolution are those expressly set forth in Exhibit A. All other terms and conditions within the
scope of representation shall remain unchanged unless hereafter modified in accordance with
applicable law.
BE IT FURTHER RESOLVED that the Chief Administrative Officer and Human
Resources Director are hereby authorized and directed to take any necessary administrative
actions to implement the provisions of this Resolution.
BE IT FURTHER RESOLVED that if any provision or any part of a provision of this
Resolution shall be finally determined to be invalid, illegal, or otherwise unenforceable, such
determination shall not impair or otherwise affect the validity, legality, or enforceability of the
remaining provision or parts of the provision of this Resolution, which shall remain in full force
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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 12th day of ,duly 2011, by the
following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None .
NOT VOTING: N°rie
Steve Lambert, irman of the Board of Supervisors
ATTEST:
Pau[ Hahn~i~f~dminis#rative Officer
and Gerk a oaEd of Supervisor]
e. i//
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Exhibit A to Resolution # 11- 071
Butte County Comprehensive Imposed Terms and Conditions for the
Professional Employees Association
The following terms and conditions of employment shall be in effect from July 12,
2011 through July 11, 2012 for the County of Butte employees in the Professional
Employees Association. The language below for the various sections will replace the
language contained in the MOU in its totality.
Imposition Date. July 12, 2011
Subjects: 1 Year Imposition Terms and Conditions
Term: July 12, 2011 through July 11, 2012
Imposed Terms and Conditions:
1. Delete the Following MOU Sections:
8.02(a)(b)(c}(g) Overtime
8.10 Shift Differential Pay
8.11 Step Increases
9.00 Vaca#ion
10.00-10A2 Leaves of Absence
10.03 Family Leave
11.00 Sick Leave
12.00 Holidays
15.01(a}(c) Mileage Allowance
2. Section 3.05-Indemnification and Hold Harmless
The County shall not be liable to the Association, employees or any other parry 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 Association shall
save the County harmless against any and all claims, demands, suits, orders,
judgments or other forms of liability that may arise out of or by reason of action
taken by the employer under this section. The County will generally utilize
attorneys from its County Counsel Office at Association expense to represent it in
any matter arising under these sections 3.01-3.05. 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 3.01-3.05.
3. Section 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 prior approval of the County Administrative Officer as to size, type
and location, the Association may install and maintain separate bulletin boards in
employee rest areas in County buildings.
The Association agrees that notices pasted on bulletin boards shall nat contain
anything that may be construed as maligning andlor 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 2 of the grievance procedure.
4. Section 4.05 New Classifications:
'The County will provide notice and will meet and confer if requested 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 classifcation.
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, and
The Association's bargaining team shall normally be limited to three
representatives, including paid staff, unless otherwise agreed by the parties.
5. Section 7.02(e) Alternate Schedules:
Employees in this bargaining unit who are assigned to the Psychiatric Health
Facility, the Crisis Stabilization Unit or the Mobile Crisis Team may be assigned
to an alternate work schedule of twelve {12} hour shifts while so assigned.
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6. Section $.08 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 fifty
dollars {$50.00) per pay period worked, calculated on an hourly basis or portion
thereof. Authorized, time off of less four weeks shall not affect the calculation of
bi-lingual pay.
The Director of Human Resources shall formulate policies and procedures for
administering the provisions of this section which will require the written
justification by the appointing authority, verification of the employee's language
or communication skill ability and procedures for review of continued need on no
~~` less than an annual basis.
7. Section 1.6.02{c) Definition and Scope of a Grievance:
The County has the sole authority to decide what proceeds to arbitration.
S. Section 20.42 Probationary Period:
Delete section from MOU.
9. Section 15A2 Tuition Reimbursement:
Upon written request of the employee and advance written approval of the
Department Head, an employee enrolled in accredited classes or courses 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 andlor tuition, upon
proof of successful completion of the class or course, up to a maximum of $500
per fiscal year. This program is subject to available funds and not to be used in
lieu of other programs.
In lieu of the above, an employee who is enrolled in an accredited college course
or courses in the pursuit of a formal degree that directly applies to the position
and the department of employment may annually request tuition reimbursement in
writing. If the reimbursement is approved iin writing in advance by the
Department Head and the Chief Administrative Officer, the employee may be
provided up to one half (112) the cost of the college units completed upon proof of
completion of the semester or quarter with a grade point average {GPA) of 3.0 or
better, up to a maximum of $2,000 per fiscal year. In return, the employee agrees
that if helshe voluntarily leaves the employ of the County within three (3) years
(including at least one {1) year in the department) of receiving this tuition
reimbursement, helshe shall reimburse the County for the reimbursement
received.
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Some or all of that repayment may be accomplished through a deduction from the
employee's final paycheck, assuming that check is far an amount equal to or
greater than the amount that is the subject of this agreement.
The County of Butte reserves the right to recover any outstanding amounts that
may be due under this agreement as provided by law.
10. Section 8.12 Promotional Opportunities:
Delete section from MOU.
11. Past Practices:
All past-practices are 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 unless
the parties expressly agree to continue them.
13. Section 14.02 Retirement Contribution:
Effective the pay period beginning July 23, 2011, employees will pay on a pre-tax
basis two and one half percent {2.5%) of salary for the employee share of their
CaIPERS pension and the County will pay the remaining four and one half
percent (4.5°10) of salary.
14. Section 14.01 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 fallowing options:
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 may be compensated far that portion over
two hundred and forty (240) hours at one-half {1/2) the normal rate of pay
for the employee up to a maximum of three thousand dollars {$3,000}.
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 the first two options.
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1S. Section ~3.OS Retired Employee Options:
Employees who retire under the provisions of the County's retirement contract
with the Public Employees' Retirement System {PERS) may continue to insure
themselves and their insured dependents for the health, dental and vision benefit
portion of the health plan by advising the Director of Human Resources and
advancing the full health insurance premium permitted by law. The retiree's
share of premium for the health benefit must be paid monthly and the premiums
for vision and/or dental benefits must be paid quarterly for the employee (and
dependents if applicable).
Employees having ten (10) years of compensated cumulative service with Butte
County who, upon termination, immediately retire under the provisions of the
County's contract with the Public Employees' Retirement System shall be
eligible for the twelve (12) months of County paid health premiums (employee
only} immediately following retirement; and may also continue to insure their
dependents by advising the Director of Human Resources and advancing the
dependents portion of the health insurance premium for quarterly coverage for
that year, or by deducting the dependents portion from the employee's
"account".
As an option to the sick leave buy-back plan specified in Section 11.03 of the
Memorandum, the employee may convert unused sick leave to health insurance
premium payments as follows: The County shall calculate the value of the
employee's unused sick leave based on one day of sick leave on accrual an the
date of retirement being converted to one month of employee only health
insurance premium. This conversion shall be made at the time of retirement,
and the amount shall be credited to the employee's "account." The employee's
(and dependents, if applicable) health insurance premium, and any fiiture
premium increases, will be deducted from the account until the account is
depleted. Upon depletion, the employee will be notified that they aze
responsible for assuming payment of the premiums. To continue on the plan,
the employee shall advance the full health insurance premium for quarterly
coverage for the employee (and dependents, if applicable).
The employee may cover either the employee only ar the employee and insured
dependent(s) under this section to age 65. Rights to continuation of health
coverage above are in addition to any right the employee has under COBRA.
Effective January 1, 2012, the sick leave conversion above, at the time of
retirement will be calculated at the lowest combination of medical, dental and
vision benefits offered by the County.
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 this
Section.
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After a retired employee's death, the retiree's spouse may use remaining sick
leave, subject to the provisions of this section, to purchase medical benefits if
the retiree elected survivor benefits for the retiree's PERS retirement pension
and any other applicable requirements. Under this provision, the spouse may
purchase one month of medical benefits for one and one-half days of accrued
sick leave up to age 65. Unused sick leave hours remaining upon a retiree's
death, a retiree achieving age 65 or a spouse achieving age 65 may not be
cashed-out or converted to another benef t.
16. Section 8A6 Short Term Disability Insurance:
The County may reopen negotiations concerning proposed amends to this Section
8.OG.
17._ Employer-Employee Health Plan Discussion:
On or about April 1, 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.
18. Retiree Medical Trust Discussion:
The County is open to considering the implementation of an employee-funded
retiree medical trust.
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