MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620

SECTION 44. Employee Personnel Files

A. All personnel files on an employee maintained by the County and the department will be open for inspection by that individual and his/her authorized representative at his/her request during business hours by appointment. He/she will be shown all contents of the file except those materials designated confidential by law. Copies will be provided to the individual upon his/her request.

B. No material relating to performance appraisal or disciplinary action shall be placed in the personnel file of an employee represented by the Union without the employee first being given an opportunity to read such material and attach a reply if the employee desires, which shall remain with said material.

C. Employees shall have the right to have commendations placed in their file upon request.

SECTION 45. Notice and Consultation Regarding Layoffs

The County agrees to consult with the Union when technological or economic changes occur which result in a substantial number of layoffs or would significantly affect the employees covered by this Memorandum of Understanding. The County shall also provide the Union with a designation of classes affected, the number of positions in the affected classes and an abstract of the employees in the classes affected by the layoff at least thirty (30) calendar days prior to the effective date thereof.

SECTION 46. 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 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 12(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.

E. Between January 2008 and October 2008, the parties agree to commence to meet and confer over mandatory enrollment in SDI as outlined in Subsection B. above and on the issue of payment of the benefit allowance while employees are on SDI. Any changes to this section shall be by mutual agreement.

SECTION 47. 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 48. 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 49. Rest Breaks

It is the County’s intent that, whenever feasible, employees will receive a fifteen minute rest break for each four consecutive hours worked.

SECTION 50. Automatic Payroll Deposit

All employees covered by this agreement shall participate in the County's automatic payroll deposit program. Participation shall mean the employee's execution of a payroll authorization form and submission of a voided check or savings deposit slip to the Auditor's office. It shall be the employee' choice as to which bank he/she designates as the institution receiving the payroll funds.

When the authorization form is properly executed and filed with the Auditor, the County shall automatically deposit in the employee's designated bank account the net amount of pay each designated biweekly payday.

SECTION 51. Payroll Simplification

During the term of this agreement, the County may reopen negotiations on the issue of payroll simplification and/or modifications in compensation structure precipitated by the implementation of a new human resources and payroll system. If the County reopens negotiations on this subject the proposed changes will not be implemented unless the parties mutually agree.

SECTION 52. Leave of Absence Policy

During the term of this agreement, the County may reopen negotiations on the issue of a comprehensive leave of absence policy and related changes in terms and conditions of employment. If the County reopens negotiations on this subject, the proposed changes will not be implemented unless the parties mutually agree.

SECTION 53. Back To Work Program

A. Employees who are unable to perform their regular duties due to injury or illness may be provided a temporary duty assignment in accordance with the Back to Work Policy.

B. An employee who has returned to work from a work-related injury or illness (either in the Back To Work program or to his/her regular work assignment) will be granted paid leave not chargeable to the employee’s accrued leave balances to attend medical appointments specifically related to the work-related injury or illness.

SECTION 54. Meet and Confer During Term

A. The parties agree that during the term of the agreement, upon request of the County, the County and the Union will meet and confer regarding the subject of special duty allowances only. Provided, however, that the County shall not modify the special duty allowances specifically set forth in this agreement without mutual consent.

B. The parties agree that during the term of the agreement, upon request of the County, the County and the Union will meet and confer regarding holiday-in-lieu pay for classifications represented by the Union. Provided, however, that the County shall not modify the holiday compensation practices specifically set forth in this agreement without mutual consent.

SECTION 55. Review of County Classification and Compensation Structure

During the term of this agreement 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 intent of the review is to ensure that the County’s classification and compensation system is contemporary and flexible enough to address the County’s and the workforce’s needs.

The Union and the County will 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 56. 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 or restricting County services during the term of this Agreement.

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 curtailing or restricting 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 curtail or restrict 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 57. Conclusiveness of Agreement

A. The provisions contained in this Agreement shall prevail over County practices and procedures and over State laws to the extent permitted by State law.

B. This Agreement sets forth the full understanding of the parties regarding the matters set forth herein. Any prior Board resolution or ordinance, agreement between the parties, or any agreement between an employee (or group of employees) and a supervisor/manager, which is inconsistent with provisions of this Agreement, is hereby superseded.

SECTION 58. Savings Clause

Should any provision of this agreement be held inoperative, void or invalid by any court of competent jurisdiction, the remaining provisions of this agreement shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision.

SECTION 59. Obligation to Meet and Waiver Clause

Except as otherwise expressly provided in this agreement or where the parties mutually agree to meet and confer on the matter, the County and the Union expressly waive and relinquish the right, and each agrees that the other shall not be obligated during the term of this Memorandum to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether referred to or covered in this agreement, even though such subjects or matter was proposed and later withdrawn.

In the event any new practice, subject or matter arises during the term of this agreement and an action is proposed by the County, the Union shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of agreement on such a proposed action, the County reserves the right to take necessary action by management direction and the Union reserves the right to then take whatever lawful action deemed necessary. The waiver of any breach of any term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and conditions.

SECTION 60. Term of Agreement

The County and the Union agree that this Memorandum of Understanding shall not be binding upon the parties either in whole, or in part, unless and until ratified by Local 620 Membership and formally approved by a majority vote of the County Board of Supervisors. This Memorandum of Understanding shall remain in full force and effect to and including October 3, 2010. Either party may serve written notice to meet and confer concerning possible changes in the provisions of this agreement. Such notice shall be submitted in writing at least sixty days prior to the termination date of this agreement. It is the intent of the parties to conduct negotiations in such a manner as to reach a new agreement on or before the termination date of this agreement. If either party timely serves notice to meet and confer, the first negotiating session shall not commence earlier than one hundred twenty days nor less than sixty days prior to the termination date of this agreement, unless the parties mutually agree otherwise. The Union agrees to provide its initial proposals at the first negotiating session.