MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721

SECTION 13. NO STRIKE CLAUSE

Employees represented by the Union shall not take part in any strike, work action, or other concerted activity of any kind which will result in curtailing, restricting or interfering in any manner with County services during the term of this Agreement, and until negotiation and impasse procedure obligations in connection with a successor agreement are exhausted.

The Union agrees not to sanction, encourage, or support any such strikes, work actions, or other concerted activity.

The term "strike, work action or other concerted activity" means any concerted failure to report for duty, any concerted absence from position (including sympathy strikes), any concerted stoppage of work, any concerted slowdown, sickout, refusal to work, interruption, call-in or failure in whole or in part to carry out the full, faithful, and proper performance of the duties of employment. The term "strike," "work action," "concerted activity" also means any participation in an action interfering with the operation of the County for the purposes of inducing, influencing, or coercing a change in the working conditions, compensation, and rights, privileges, and obligations of employment; provided, however, that nothing herein shall preclude employees from engaging in informational picketing or attending Union rallies so long as such activity does not interfere with County operations.

In the event that a strike, work action, or other concerted activity occurs in violation of this Agreement, the Union shall, on written notice by the County, issue a statement addressed to the employees, a copy of which shall be delivered to the County, declaring the strike or other concerted activity not sanctioned, unlawful, and directing them to immediately return to work, or cease and desist.

In the event any employee covered under this Agreement violates the terms of the No Strike provision, the County retains the right to discharge or otherwise discipline any such employee.

SECTION 14. SALARIES

A. Effective March 10, 2008, salaries for classifications represented by the Union shall increase by 1.0%.

B. Effective October 6, 2008, salaries for classifications represented by the union shall increase by 2%.

C. Effective October 5, 2009, salaries for classifications represented by the union shall increase by 2%.

D. Effective April 5, 2010, salaries for classifications represented by the union shall increase by 2.5%.

E. Classification and Compensation Review

During the term of this agreement, but no earlier than July 2005, the County and the Union agree, in collaboration, to review the County’s current classification and compensation system. The review will include examination of public/private best practices as well as creative compensation strategies including incentives and skill-based pay. The Union and the County will mutually determine the methodology of the review. Upon completion, the parties will make recommendations for potential improvements to the system. Any changes as a result of this review will not be implemented unless the parties mutually agree.

SECTION 15. SALARY INEQUITY STUDIES

A. The Union shall have the right to request that the County review the salary placement of one classification in February 2009 and one classification in February 2010. The request for review will include the following information:
1. Class to be studied;
2. Supporting data that justifies the request;
3. Any known or anticipated compaction or “ripple effects” created by an adjustment;
4. Percentage increase proposed; and
5. Estimated cost of salary inequity requested (including any known benefit cost adjustments).

B. The Human Resources Department will conduct the review and provide copies of the results to the Union and the affected department(s). The County’s review will include salary survey data from the following comparison counties: Monterey, Orange, San Diego, San Luis Obispo, Santa Cruz, and Ventura. Following completion of the review or sixty days after the Union’s submittal of the information set forth in Paragraph A, whichever is sooner, and upon request of the Union, the parties shall meet and confer regarding the results. Costs of any agreed upon salary inequity adjustments shall be in addition to any salary increases arising out of Section 14 (Salaries).

C. Effective July 14, 2008, the County will allocate a minimum of the dollar equivalent of .75% of the then current salary to fund salary equity adjustments for classifications represented by the Union. The parties will meet and confer to determine how the money will be allocated. The Union and the County agree to study the following classifications for equity increases: Public Defender Investigator and Assistants, Medical Services Representatives, Probation Assistants.

D. Effective July 13, 2009, the County will allocate a minimum of the dollar equivalent of 2.25% of the then current salary to fund salary equity adjustments for classifications represented by the Union. The parties will meet and confer to determine how the money will be allocated. The Union and the County agree to study the following classifications for equity increases: Eligibility Worker series.

SECTION 16. HEALTH AND WELFARE

A. For new employees, medical and dental coverage benefits under this Section shall be effective at the beginning of the month that immediately follows the employee’s first pay period of employment in a regular position. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits. The County will work toward making coverage available to employees effective the first of the month following employees’ start of employment

B. The County and the Union agree that Preferred Provider Organization (PPO), Health Maintenance Organizations (HMO) and Point of Service (POS) medical plans, and PPO and Dental Maintenance Organization (DMO) dental plans shall be available to employees.

C. The County shall contribute up to $148.11 biweekly toward the cost of the biweekly premium for employee-only medical plan coverage. The County shall contribute up to $12.02 biweekly toward the cost of the biweekly premium for employee-only dental plan coverage. These contributions are based on full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the County's biweekly contribution shall be paid by the employee through payroll deductions. During the term of this agreement, the County shall pay 100% (pro-rated for part-time employees) of the least expensive HMO employee-only premiums.

Employees may select coverage from the following options:

Medical*

* All medical plans include employee assistance program coverage.

Dental

D. Employees may insure their eligible dependents (including qualified domestic partners) under the medical and dental plans listed in C above, in accordance with the rules and regulations applicable to obtaining said dependent coverage.

E. The County's Group Health Committee will include two employee representatives. Such representatives shall be selected from the County's recognized employee organizations. Employee representatives shall serve a two year term.

Except as indicated above, the administration of the committee shall be governed by preexisting Board resolution(s) and the committee members themselves. The Human Resources Director shall act as the coordinator for the committee.

F. The parties agree that during the term of the agreement, upon a request by the Union accompanied by a detailed proposal, the County and the Union will meet and confer regarding the subject of a Union sponsored health plan.

G. If two regular County employees are either a)married to each other or b)registered as domestic partners as specified below, and are both eligible for a contribution from the County toward employee-only medical and dental coverage, they may consolidate the County contributions toward the premium cost for “employee plus dependents” coverage held by one of the employees. In this situation, one employee (referred to below as the “spouse or partner”) becomes a dependent on the other employee’s (referred to below as the “primary employee”) medical and dental coverage.

In order to be eligible under this provision, all of the following conditions must be met:

The amount of the consolidated contributions shall be that amount which would otherwise be contributed by the County toward the employee or partner’s employee-only premiums for the respective medical and dental plans less the cost for participation by the spouse or partner in the Employee Assistance Program and the County’s healthcare advocacy program. The appropriate contributions shall be made by the respective departments employing each employee.

SECTION 17. HEALTH INSURANCE BENEFITS DURING LEAVE OF ABSENCE

Employees who are placed on a leave of absence resulting from a medical condition including injury, illness, pregnancy and childbirth shall receive the County contribution toward health plan coverage for a leave period up to 18 months. Premium amounts exceeding the County contribution and for dependents shall be the responsibility of the employee during the leave period. If an employee has paid leave accruals in excess of eighteen (18) months at the start of the leave, the County will continue to make its contribution toward health coverage while paid leave is being used and until such time as the paid leave is exhausted.

SECTION 18. FLEXIBLE SPENDING ACCOUNT PLAN

A. All full-time and part-time employees in Union represented classifications shall be eligible to participate in the County sponsored Flexible Spending Account Plan.

The Flexible Spending Account Plan will include the following salary reduction options:

1. Pre-Tax Health Insurance Premium Option - for employees and their dependents;
2. Pre-Tax Health Care Spending Account Option;
3. Pre-Tax Dependent Care Spending Account Option;
4. Pre-Tax Life Insurance Premium Option;
5. Pre-Tax Personal Accident Insurance Program.

The options are described in detail in the Flexible Spending Plan Legal Document which is available to all employee organizations. Compensation received in accordance with Section 19 (Benefit Allowance) may be used by employees to fund the options described above. All salary reduction amounts are included in base salaries for the purpose of computing retirement earnings and are subject to appropriate Internal Revenue Service regulations.

The County shall meet and confer with the Union prior to revising the benefit options. The County agrees not to implement plan options unless a majority of employee organizations agree to the proposed changes.

B. Benefits selected under this plan cannot be changed during the plan year except for a change in family status consistent with the benefit change. Enrollment in the plan shall be offered on an annual basis at the beginning of the plan year. New employees may enroll within the first thirty (30) days of employment. Continued operation of the program shall be subject to County administrative procedures.

SECTION 19. BENEFIT ALLOWANCE

A. The County shall contribute $205.31 per pay period per full-time employee as a benefit allowance. Regular part-time employees are eligible for this allowance based on a prorated equivalent of their employment status. The benefit allowance, which is received in cash, has a primary purpose of allowing employees to fund employee and dependent health insurance costs. Employees may also use the allowance to fund options in the Flexible Spending Account Plan and/or receive the remainder in cash.

B. During the term of this agreement, the benefit allowance may be increased in accordance with the following schedule:

1. The parties agree that there is no commitment to increase the amount of the benefit allowance in July of 2008. However, if the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2008-2009 plan year, then the parties the parties shall meet and confer on Medical & Dental Insurance coverage and the Benefit Allowance.

2. The parties agree that there is no commitment to increase the amount of the benefit allowance in July of 2009. However, if the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2009-2010 plan year (or by an aggregate of 10% or more for 2008-2009 and 2009-2010), then the parties shall meet and confer on Medical & Dental Insurance coverage and the Benefit Allowance.

3. Effective July 12, 2010 the Benefit Allowance shall be increased by $20.00 per pay period .

C. This allowance will be paid on a biweekly basis to each regular employee based on the prorated number of non-premium hours paid in a pay period.

SECTION 20. STATE DISABILITY INSURANCE (SDI)

A. All employees eligible for SDI benefits shall use their available sick leave credits to supplement their SDI benefits so that the sum of the SDI benefits and sick leave credits used equals 80% of their gross salary.

B. All employees eligible for SDI benefits may apply with the State of California for approval as soon as possible following the date of their eligibility for SDI benefits. Current eligibility begins on the eighth consecutive calendar day of an extended illness or injury. An employee must apply for SDI when illness or injury causes him/her to miss work for more than twelve consecutive calendar days.

C. When an employee has used all available sick leave credits, (s)he may use any available overtime and/or holiday credits first and vacation second to supplement their SDI benefits up to 80% of their gross salary.

D. Employees eligible for Paid Family Leave (PFL) benefits may apply with the State of California. Employees receiving PFL benefits may integrate available sick leave credits to the extent provided in Section 25(E) of this agreement; available overtime and/or holiday credits; and vacation to supplement their PFL benefits up to 100% of gross salary. Available overtime and/or holiday credits shall be used prior to integrating with vacation.

Employees participating in this program are solely responsible for understanding the tax consequences of receiving PFL benefits.

SECTION 21. LONG TERM DISABILITY INSURANCE

The County shall provide a Long Term Disability Insurance Plan for employees represented by the Union. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

The waiting period for benefit eligibility will be 60 days. The benefit will equal sixty percent of pre-disability earnings up to a maximum monthly benefit in accordance with specific plan provisions and exclusions.

SECTION 22. TERM LIFE INSURANCE

Employees represented by the Union shall be provided with basic Group Term Life Insurance in the amount of $20,000 paid for by the County. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

SECTION 23. VACATION

A. For each hour in a regular pay status, excluding overtime, call-back, and stand-by, each regular full-time or regular part-time employee shall accrue vacation based on continuous County service as provided in the following chart.

B. Annual vacation accrual may accumulate up to the Maximum Allowable Accrual provided for in the chart in A above.

C. Notwithstanding the provisions of Sections A and B above, an employee absent due to a work-related injury, receiving Workers Compensation Temporary Disability and unable to take vacation may accrue vacation above the Maximum Allowable Accrual. Following his/her return to work, the employee shall make every reasonable effort to promptly take vacation in excess of the Maximum Allowable Accrual.

D. Employees with more than five years of continuous County service may - once during each calendar year and with the approval of the department head - request pay for up to forty hours of accrued vacation in lieu of vacation time off. Such vacation conversion shall be based on the employee's hourly rate in effect at the time of payment. After the vacation conversion, an employee shall have an accrued vacation balance of at least forty hours. Any cash conversion of accrued vacation approved pursuant to this provision shall be effective no sooner than one year following the previous conversion (i.e., only one conversion is allowed in any twelve month period).

E. No payment in lieu of vacation shall be made to any employee except upon termination of employment or as provided for in Section D and upon proper certification to the Auditor by the department head or appointing authority of such accrual. Terminating employees shall be paid for accumulated vacation as of the date of termination.

F. An employee is not entitled to vacation credits or accrual unless or until they have been a regular employee for six (6) continuous months. Consequently, a person failing to complete such service receives no payment for vacation credits upon termination.

G. Vacation shall not include any regular holidays taken during a vacation period.

H. Employees may be required to take vacation with reasonable notice. In addition, employees may request vacation use. Such requests shall not be unreasonably denied.

I. Vacation usage may not exceed the accrued vacation balance reported at the end of the prior pay period.

J. At the time of appointment in units represented by the Union, employees appointed from outside Santa Barbara County government service from either a city, county, state agency, federal agency or special district, shall receive credit for their prior years’ of public agency service toward their annual vacation accrual rate if that public agency service ended within six months of the date of County employment.

K. In addition to any credit provided for in Paragraph J, above, permanent employees who separate from County service and then return may recoup their past service credit for purposes of vacation accrual under the following conditions:

a. Employees may be absent from County service no more than three consecutive years; and
b. Employees must have left County service in good standing and their last two performance evaluation ratings prior to leaving County service must have been satisfactory or above.

Former service credit, in such cases, shall be combined with the new and current employment, in addition to any received in accordance with Paragraph J, above, in determining the employee’s vacation accrual rates.