HomeMy WebLinkAbout11-080A RESOI-UTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
RESOLVING IMPASSE 1N THE MEET AND CONFER PROCESS
AND IMPLEMENTING lTS LAST, BEST AND FINAL OFFER TO THE COUNTY EMPLOYEES
IN THE
BUTTE COUNTY EMPLOYEES ASSOCIATEON-GENERAL UNIT FOR JULY 26, 2011 -JULY
25, 2012
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 Employees Association-General Unit (hereinafter "BCEA General
Unit"} expired June 30, 2010; and
WHEREAS, the County representatives and representatives of the BCEA General Unit
have been mee#ing and conferring since June 7, 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 BCEA review of the 2010 Comprehensive
Annual Financial Report (CAFR} to BCEA General Unit on March 3, 2011; and
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WHEREAS, the County's bargaining representatives met with BCEA General to review
their audit findings of the 2010 Comprehensive Annual Financial Report (CAFR) on April 20,
2011; and
WHEREAS, the County's bargaining representatives submitted the County's one and
three year Last, Best and Final Offers to BCEA General Unit on May 5, 2011; and
WHEREAS, the BCEA General Unit members rejected both the County's one and three
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year Last, Best and Final Offers on May 26, 2011 and again on July 11, 2011; and
WHEREAS, the County's bargaining representatives declared impasse on May 27, 2011
and requested an impasse meeting; and
WHEREAS, on June 9, 2011, the County and the BCEA General Unit's 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 BCEA General Unit. The meeting did not resolve the issues and the parties continued to be
at impasse, and therefore that 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, best, and final offer, but shall not implement a memorandum of
understanding. The unilaterai implementation of a public agency's last, 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 matters are included in the
unilateral implementation, prior to the adoption by the public agency of its annual budget, or as
otherwise required by lav+~'; and
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WHEREAS, the parties have concluded any and al! impasse resolution procedures as
required by ail 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 one
year Last, Best and Final Offer.
NOW, THEREFORE, BE IT RESOLVED that this Resolution is approved, thereby
unilaterally adapting the County's one year Last, Best and Final Offer as set forth in the
attached Terms and Conditions of Employment far the term of July 26, 2011 -July 25, 2012 for
County Employees in the BCEA General Unit, Exhibit A, attached hereto and incorporated
herein, to be effective immediately upon passage and adoption of this Resolution.
BE 1T FURTHER RESOLVED that in accordance with Government Code Section
3505.4, 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 BCEA General Unit 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
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remaining provision or parts of the provision of this Resolution, which shall remain in full force
and effect as if the unenforceable provision or part were deleted.
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 26th day of July 2011, by the
following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NUT VOTING: None
Steve Lambert, airman of the Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative
and ClerkAf tM~ Board of Super
BY:
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Exhibit A to Resolution # 11- X80
Butte County Comprehensive Imposed Terms and Conditions for the Butte County
Employees Association-General Unit
The following terms and conditions of employment shall be in effect from July 26,
2411 through July 25, 201.2 for the County of Butte employees in the Butte County
Employees Association-General Unit. The language below for the various sections
will replace the language contained in the MOU in its totality.
Imposition Date: July 26, 2011
Subjects: 1 Year Imposition Terms and Conditions
Term: July 26, 2411 through July 25, 2412
Imposed Terms and Conditions:
1. Aelete the Fallowing MOU Sections:
9.00-9.03 Overtime
9.Ob Fringe Benef is :not Affected by Overtime
10.00-14.03 Vacation Leave
11.00-11.07 Sick Leave
12.01 Bereavement Leave
12.04 Military Leave
12.06 Jury and Witness Leave
13.00 Holidays
14.02 Shift Differential Pay
14.09 Step Increases
15.00 Unemployment Insurance
18.D1 Expenses for Mileage
22.p0 Transfer and Promotion Opportunity
23.00-29.00 Layoff
SD.00 Release Time for Retirement Workshops
2. Section 3.08-Indemnification and Hold Harmless
It is specifically agreed that the County assumes no obligation with respect to the
Association dues and fair share service fees other than those specified in this
Section. The Association. agrees that it will hold the County harmless from any
claims, actions, or proceedings by any bargaining unit member, arising from
deductions made by the County pursuant to this Section. The County will
generally utilize attorneys from its County Counsel Office at Association expense
to represent it in any matter arising under these sections 3.01-3.08. 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. 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 the prior approval of the County, the Association may install and
maintain separate bulletin boards in the employee rest areas.
The Association agrees that notices posted an 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. Na derogatory,
inflammatory or political (excluding internal Association business) materials may
be posted.
Material posted shall not contain personal attacks on any County off vial 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 and the Association will meet and confer upon Association request
regarding any matters within the scope of representation concerning l) 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 job specification;
• The proposed salary;
• Current salary;
• Organizational Chart including position, and
• Summary of comparable agency data, if available
The Association shall normally be limited to three representatives, including paid
staff, unless otherwise agreed by the parties.
5. Section 8.02 Alternate Schedules:
Upon the recommendation of a department head, alternate, flex-time, jab-sharing
and voluntary reduced work hours programs may be established, after
consultation with the Director of Human Resources and the Association. Any
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job-sharing program will require that the benefits be pro-rated or as otherwise
mutually agreed upon in writing by both parties. Requests for special schedules
by employees shall be seriously considered. Employees shall be advised of the
decision, pro or con, made on their requests for a special schedule.
Alternate work schedules may include 9180 schedules, 4110 schedules, andlor
other alternative scheduling patterns. Prior to establishing an entirely new
alternate schedule {for example: a 4110 schedule if one had never existed befoxe),
the County shall give notice to the Association and afford the opportunity to meet
and confer. Individuals assigned to such schedules shall accrue leaves and
holidays on the same basis as employees working the standard 518 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.
Employees in this bargaining unit who are assigned to the Psychiatric Health
Facility, the Crisis Stabilization Unit or the Mobile Crisis Tearn may be assigned
to an alternate work schedule of twelve (12) hour shifts while so assigned.
6. Sec#ion 14.04 Bilingual Pay Differential:
When it has been determined that an employee's use of bilingual language skills
or specialized communication skills are essential and critical for the successful
performance of job duties, a bilingual differential shall be paid at a rate of fifty
{$50.00) dollars per pay period worked, calculated on an hourly basis or portion
thereof. Authorized, time off of less than two consecutive pay periods shall not
affect the calculation of bi-lingual pay.
7. Section 20A2(c) Definition and Scope of a Grievance:
The County has the sole authority to decide what proceeds to arbitration.
S. Section 40.00 Probationary Period:
Delete section from MOU.
9. Section 44.00 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.
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10. Section 47.00 Promotional Opportunities:
Delete section from MOU.
11. Past Practices:
A11 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 17.02 Retirement Contribution:
Effective the pay period beginning August 6, 2011, employees will pay on a pre-
tax basis two and one half percent (2.5%) of salary for the employee share of their
Ca1PERS pension and the County will pay the remaining four and one half
percent (4.5%) of salary.
14. 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:
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 for that portion over
two hundred and forty (244) 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 the first two options.
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15. Section 16.05 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 the premium for health benefit must be paid monthly and the premiums for
vision andlor dental benefits must be paid quarterly for the employee (and
dependents, if applicable}.
Employees with ten {10) years or more 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 health benefit only coverage for themselves (employees only) to
age 65 under the following conditions.
For up to the first year of retirement, PERS members subject to this Memorandum
of Understanding shall be entitled to twelve {12) months of reimbursable health
premiums up to age 65.
After the f rst year of retirement, miscellaneous members may choose one of the
following options as allowed under Section 17.03:
1} to receive one {1) month of reimbursable health only premium for each day
of sick leave on accrual at the date of retirement; or
2) one (1} month of reimbursable health plan benefits {employee only) will be
granted for each day of accrued sick leave until the sick leave credit is exhausted
or the employee reaches age 65; and one (1) month of reimbursable health plan
benefits for each one and one-half days in excess of thirty {30) days accrued sick
leave to cover employee's spouse until the sick leave credit is exhausted or spouse
reaches age 65. Enrollment of employee's spouse will be postponed until {date),
but only if the spouse is eligible for enrollment to the health plan, effective that
date, pursuant to the Health Insurance Portability and Accountability Act
(HIPAA}. This election is irrevocable and will revert to employee only coverage
if employee's spouse is not eligible for enrollment on the effective date cited
above pursuant to HIPAA. The sick leave originally allocated for the coverage of
the employee's spouse shall be forfeited if the employee's spouse is not enrolled in
the health plan on the effective date cited above. Rights to continuation of health
coverage above is in addition to any rights the employee is entitled to under
COBRA..
Effective January 1, 2012, the sick leave conversion above, at the time of
retirement will be calculated at the lowest cast combination of medical, dental and
vision benefit offered by the County.
Employees hired after Tune 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.
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 6S or a spouse achieving age 6S may not be cashed-out or
converted to another benefit.
I.G. Section 31.00 Short Term Disability Ynsurance:
The County may reopen negotiations concerning proposed amends to this Section
31.00.
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. Recruitment Eligibility Lists:
The Association may request from Human Resources information associated with
the status of recruitment eligibility lists.
19. Section 10.OG Vacation Suy~Back:
Employees taking at least forty (40) hours of vacation time shall, concurrently,
have the option of requesting pay in lieu of time off for an additional forty {40)
hours of accrued vacation time once per f scal year. Approval of this request shall
be in the sole discretion of the department head. Vacation buy-back shall be
subject to availability of funds.
In addition, employees shall have the option of requesting an additional 104 hrs of
vacation time each year, during each contract in increments of eight {S) hrs. Such
requests are subject to the approval of the department head and the availability of
funds.
20. Section 9.04 Over#ime Compensation:
Employees shall be compensated for overtime at one and one-half (1 112) times
their regular rate of pay. Overtime compensation may, at the discretion of the
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employee, be paid with regular wages in the pay period in which it was earned or
be credited as Compensatory Time Off (CTO) to a maximum of 80 hours.
21. Disaster Protocol:
In the event that there is a disaster or major infrastructure failure, the Department
Head shall confer with the County Chief Administrative Officer's office to
determine whether to continue business operations.
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