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

SECTION 1. PURPOSE

This Memorandum of Understanding is hereby entered into by and between the County of Santa Barbara, hereinafter referred to as the County, and the Santa Barbara Chapter of the Social Services Union Local 721, SEIU, AFL-CIO, hereinafter referred to as the Union. It is the general purpose of this Memorandum of Understanding to promote the mutual interest of the County and its employees and to establish rates of pay, hours of work and certain other terms and conditions of employment.

SECTION 2. TERM

This Memorandum of Understanding shall continue in effect for the period up to and including October 3, 2010. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term.

SECTION 3. RENEGOTIATION

Either the County or Union may serve 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 commence not earlier than ninety days nor less than thirty days prior to the termination date of this agreement, unless the parties mutually agree otherwise.

SECTION 4. RECOGNITION

The County hereby recognizes the Union as the majority bargaining representative for the employees in the following representation units:

A. Human Services Non-Supervisory

B. Human Services Supervisory

SECTION 5. MAINTENANCE OF BENEFITS

A. Except as set forth in this Memorandum of Understanding, and unless the Union agrees to reopen negotiations on a particular bargaining subject, the County and the Union agree that there shall be no changes during the life of this Memorandum of Understanding in the wage rates, benefits, or other terms and conditions of employment subject to the meet and confer process established by this Memorandum of Understanding or by any County Regulation, Ordinance or Resolution, except by mutual agreement of the parties, or as required by Federal or State law or regulations. In addition, the parties specifically agree that benefits beyond County control shall be exempt from this provision. Furthermore, either party may initiate negotiations on proposed Civil Service Rules (new or modified) which directly affect wages, hours and other terms and conditions of employment, to the extent such terms and conditions of employment are within the scope of representation, three times during each year (February, June and October). The County agrees to consult with the Union on matters where Federal or State changes would significantly affect employees covered by this Memorandum of Understanding.

B. The County or the Department shall notify the Union of any proposed change in County Rules, Regulations, Ordinances or Resolutions on subjects which are beyond the scope of the meet and confer process, but the practical application of which directly affects employees represented by the Union. The County agrees to meet and consult with the Union on any such proposals, upon request of the Union.

SECTION 6. 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.

C. This Section does not apply to the County's Civil Service System or to the rules adopted to administer the Civil Service System.

SECTION 7. SEPARABILITY

In the event that any provision of this Memorandum of Understanding shall at any time be declared invalid by the legislature or any court of competent jurisdiction, such decision shall not invalidate the entire Memorandum of Understanding, it being the express understanding of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

SECTION 8. WAIVER

Except as otherwise expressly provided in this Memorandum of Understanding or where the parties mutually agree to meet and confer on a 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 Memorandum of Understanding or not specifically referred to and covered in this Memorandum of Understanding, and even though such subjects or matter are proposed and later withdrawn.

SECTION 9. NON-DISCRIMINATION

A. The provisions of this Memorandum of Understanding shall be applied equally to all employees covered thereby without discrimination because of race, color, sex, age, religion, marital status, national origin, political affiliation, non-disqualifying disability, sexual orientation, or union membership.

B. Nothing in this Memorandum of Understanding shall prohibit lawful discrimination in employment practices based on a bonafide occupational qualification, applicable security or health or safety regulations of the United States or the State of California, or any other basis now or hereafter set out in laws of the United States or the State of California and/or any regulations adopted pursuant to such laws defining lawful discrimination in employment practices.

SECTION 10. MANAGEMENT RIGHTS

The County retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which County government operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent departments, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public.

It also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Salary Ordinance; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The County retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees.

Before implementing any decisions to contract out work, the County shall notify the Union and upon request, negotiate the impact of such decision on terms and conditions of employment. For purposes of this Agreement, "contracting out work" shall refer to situations in which the County decides to contract out work which was provided by Union-represented employees in October 1994 and which results in layoff, reduction in hours or otherwise directly impacts the wages, hours or other terms and conditions of employment.

This section is not intended to restrict consultation with employees or employee representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. Nothing herein shall be construed as meaning to restrict or waive the Union's right to meet and confer over mandatory subjects of bargaining except as otherwise agreed.

SECTION 11. UNION SECURITY

A. Checkoff of Dues, Service Fees and Charitable Donations

1. The County agrees to deduct Union dues and insurance premiums when such have been authorized in writing by the individual employee concerned on a form acceptable to the Auditor-Controller for such deductions. The County further agrees to deduct service fees and charitable donations as specified in Section 12 (Agency Shop).

2. The County agrees to supply the Union with dues, service fees, assessments and charitable donations checkoff lists each pay period. Said lists shall be without cost to the Union. Two copies will be transmitted to the Treasurer of the Santa Barbara Chapter of the Union.

3. Up to five (5) payroll deduction codes shall be made available to the Union for the purposes described in section 1 above at no cost to the Union.

B. Management will make available to each new employee entering the Unit a card furnished by SEIU written as follows:

Social Services Union - Local 721, Service Employees International Union (SEIU) has been certified as your majority representative. Local 721 is certified to represent you in negotiations with the County on salaries, hours of work and conditions of employment.

If you want information, or if you wish to join Local 721, call 963-4411 or see your Union Officer or Representative where you work.

C. The County will provide a copy of the new hire and terminations list monthly to the Union. Said lists will contain all new employees appointed or terminated during the month. For this service, the Union agrees to reimburse the additional costs of Data Processing $80 per fiscal year to the County.

D. The Union may designate in writing eight Union Officers and Stewards who will each be allowed up to 20 hours leave each per calendar year to conduct Union business. Such leave for Union business may use accrued vacation, holiday, or compensatory time or be without pay and must be scheduled in advance with the employee’s supervisor. The department retains the right to deny a leave or cancel a leave for Union business when such a leave will result in an uncovered work assignment or cause overtime.

E. The Union shall be permitted to make one twenty minute presentation to new hires at any scheduled departmental new employee orientation to explain the Union and its benefits.

In those departments which do not regularly schedule new employee orientations, the department will permit a Union presentation quarterly to new employees.

The Union shall be permitted to make a one hour group presentation to employees during new employees’ induction training in DSS. Employee attendance shall be voluntary; however, an employee who did not attend and who decides at a later date to attend a presentation may do so on work time.

F. The Probation and Social Services Departments shall provide rosters of employees covered by this agreement to the Union monthly, said rosters to include division, unit, name of employee, classification, current telephone number, and, in the Social Services Department, worker number. Other departments shall endeavor to notify the Union of change when they occur. The County shall provide the Union with County e-mail addresses for represented employees and update the list quarterly upon request from the Union.

G. The County shall include materials to be supplied by the Union at no cost to the County in the packet given to all employees within the scope of this agreement who inform the County of their intention to retire. The content of the materials shall be nondefamatory in nature and related to Union membership, benefits, and activities intended for retirees.

H. The Union negotiating team shall consist of no more than six (6) employees. Employees shall not suffer a loss in compensation in accordance with the County's EERP and State law.

I. The Union shall have the right to schedule work-site union leadership or steward training during work hours, up to four times per calendar year. Such trainings may not be scheduled on Mondays or Fridays. Employee attendance at such courses shall be authorized by the County, with the employee using accrued vacation or leave without pay, at the employee’s option. The number of attendees on any one day is limited to fifteen. Departments retain the right to deny a leave or cancel a leave for this purpose when such a leave will result in an uncovered work assignment or cause overtime.

J. During the term of this agreement, either party may reopen negotiations on the issue of leaves of absence for the purpose of participating in Union activities. If negotiations reopen on this subject, the proposed changes will not be implemented unless the parties mutually agree.

SECTION 12. AGENCY SHOP

A. Agency Fees - Agency shop as used in this section means an organizational security agreement as defined in Government Code Section 3502.5 and applicable law.

Throughout the term of this agreement, each employee in the non-supervisory unit hired as a regular employee after December 1, 1994, shall be required within 30 days of his/her first day of employment in the bargaining unit to choose to: a) become a member in good standing of the Union; or, b) satisfy the agency fee financial obligations set forth below, unless he/she qualifies for the religious exemption set forth in subsection B below.

Unless the employee has: a) voluntarily submitted to the County an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same by the Union to the County; or, c) qualified for exemption upon religious grounds as provided below, the County shall upon receipt of notice from the Union process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union.

Non-supervisory employees who are Union members shall be required to pay the agency fee or charitable donation if they cancel membership.

The amount of the fee to be charged shall be determined by the Union subject to applicable law, and shall be an amount not to exceed the normal membership dues and general assessments applicable to Union members. The amount of the agency fee charged shall not include expenditures prohibited by law.

The Union shall comply with applicable law regarding disclosure and allocation of its expenses, notice to employees of their right to object, provision for agency fee payers to challenge the Union's determinations of amounts chargeable and appropriate escrow provisions to hold contested amounts while the challenges are underway.

The Union shall make available, at its expense, an expeditious administrative appeals procedure to unit employees who object to the payment of any portion of the representation service fee. Such procedure shall provide for a decision to be made by an impartial decision-maker. A copy of such procedure shall be made available by the Union to non-Union-member unit employees and the County. The County shall be provided this copy for informational purposes only.

The foregoing description of permissible agency fee charges and related procedures is included herein for informational purposes and is not intended to change applicable law. The County will promptly remit to the Union all monies deducted, accompanied by a list of employees for whom such deductions have been made.

B. Religious Exemption from Agency Fee Obligations

1. Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and serving residents of Santa Barbara County, as designated by the employee from a list provided by the County Auditor-Controller.

2. To qualify for the religious exemption the employee must provide to the Union, with a copy to the County, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The County will implement the change in status within thirty days unless notified by the Union that the requested exemption is not valid. The County shall not be made a party to any dispute arising relative to the determination of religious exemptions.

3. Any of the above-described payment obligations shall be processed by the County in the usual and customary manner and time-frames.

C. Leave Without Pay/Temporary Assignment Out of Unit - Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused from paying agency shop fees or charitable contributions.

D. Rescission of Agency Shop - The agency shop provision may be rescinded pursuant to the procedures contained in Government Code Section 3502.5(b).

E. Indemnification/Hold Harmless Clause - The Union agrees to fully indemnify and defend the County and its officers, employees and agents against any and all claims, proceedings and liability arising, directly or indirectly out of any action taken or not taken by or on behalf of the County under this Section.

F. During the term of this agreement, either party may reopen negotiations on the issue of an Agency Shop affecting employees covered by this agreement. If negotiations reopen on this subject, the proposed changes will not be implemented unless the parties mutually agree.