MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
THE ENGINEERS AND TECHNICIANS ASSOCIATION

ARTICLE 34. TECHNOLOGICAL AND ECONOMIC CHANGES

The County agrees to consult with E.T.A. when technological or economic changes occur which would significantly affect the employees covered by this Memorandum of Understanding or would result in a substantial number of layoffs of employees represented by E.T.A. For purposes of this Article, "substantial" shall be defined as being in excess of 3% of the unit size. The County shall also provide E.T.A. with a designation of affected classes, the number of positions in each affected class and an abstract of the employees affected by a layoff at least thirty (30) calendar days prior to the effective date thereof.

ARTICLE 35. TRANSPORTATION DEMAND MANAGEMENT (TDM)

Employees shall be eligible to participate in the County's TDM program and receive related benefits including the Alternative Commute Incentive.

ARTICLE 36. COMMITMENT TO PERFORM JOB DUTIES

ETA, a professional organization born out of a commitment to foster cooperative relationships with County Management, agrees for the mutual benefit of ETA, the County, and the public, not to sanction, encourage or support any strike, work actions or other concerted activity by employees which would adversely affect their ability to carry out the full, faithful, and proper performance of the duties of their employment during the term of this Agreement.

Employees represented by E.T.A. agree that they will 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 term "strike, work action or other concerted activity" means any concerted failure to report for duty, any concerted absence from position, 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, or other concerted activity" also means any participation in any 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.

In the event that any of the activities listed above occurs in violation of this agreement, E.T.A. and the County shall issue a joint notice addressed to the employees declaring the strike or other concerted activity is unlawful and goes against the spirit, intent and the agreement ratified by this MOU, and directing them to cease their actions and immediately return to work.

ARTICLE 37. BACK TO WORK PROGRAM

Section 37.1
Employees who are unable to perform their regular and customary duties due to injury or illness may be provided a temporary duty assignment in accordance with the Back to Work Policy.

Section 37.2
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.

ARTICLE 38. LONG TERM DISABILITY INSURANCE

The County shall provide a Long Term Disability Insurance Plan for employees represented by the Association. 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 (60%) of pre-disability earnings up to a maximum monthly benefit in accordance with specific plan provisions and exclusions.

ARTICLE 39. TERM LIFE INSURANCE

Employees represented by the Association 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.

ARTICLE 40. SALARY INEQUITY STUDIES

Section 40.1
Once each year in December, the Association shall have the right to request that the County review the salary placement of one classification that meets one or mode of the following criteria:

1. Significant turnover;
2. Difficulty recruiting;
3. Internal misalignment with classification(s) with similar responsibilities or duties;
4. Range or salary compaction; and/or
5. External misalignment with classification(s) with similar responsibilities or duties within the following jurisdictions:

a.) Comparison Counties: Monterey, Orange, San Diego, Santa Cruz, San Luis Obispo, Ventura; and,
b.) One or more relevant local public and/or private agencies including, but not limited to:
Cities of: Santa Barbara, Santa Maria, Lompoc and/or San Luis Obispo; Santa Barbara County Superintendent of Schools, Santa Barbara City College, Allan Hancock College, UCSB, California State Polytechnic University San Luis Obispo, Santa Maria-Bonita School District; Vandenberg Air Force Base; Cottage Hospital, Marian Hospital, Lompoc Hospital, Valley Hospital.

Section 40.2
Requests for review will include the following information:
1. Class to be studied;
2. Which criteria set for the above are applicable;
3. Supporting data that justifies the request;
4. Any known or anticipated compaction or “ripple effects” created by an adjustment;
5. Percentage increase proposed; and
6. Estimated cost of salary inequity requested (including any known benefit cost adjustments).

Section 40.3
The Human Resources Department will conduct the review and provide copies of the results to the Association and the affected department(s). Following completion of the review or sixty days after the Association’s submittal of the information set forth in Section B, whichever is sooner, and upon request of the Association, the parties shall meet and confer regarding the results. Costs of agreed upon salary inequity adjustments shall be in addition to any salary increases arising out of Article 15 (Salaries).

Section 40.4
The County agrees to provide the Association, upon request, reports indicating the number of positions allocated and filled within represented bargaining units.

ARTICLE 41. USE OF COUNTY COMPUTER RESOURCES

Employee’s rights and obligations regarding use of the County’s computers and computing resources are governed by the County’s Acceptable Use Policy. The parties agree that occasional and incidental use of County computing resources for E.T.A. business is allowable within the parameters of the Acceptable Use Policy, so long as such use does not interfere with the performance of work duties, the effective delivery of services, result in any cost to the County, or unduly compromise the security of County systems.

ARTICLE 42. 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.

ARTICLE 43. MEET AND CONFER DURING TERM

The parties agree that during the term of the agreement, upon request of the County, the County and E.T.A. will meet and confer regarding the subject of special duty and registration allowances.

ARTICLE 44. LEAVE OF ABSENCE POLICY

During the term of this Agreement and upon request of the County, the County and E.T.A. will meet and confer on the issue of a comprehensive leave of absence policy and related changes in terms and conditions of employment.

ARTICLE 45. CONCLUSIVENESS OF AGREEMENT

Section 45.1
The provisions contained in this Agreement shall prevail over County practices and procedures and over State laws to the extent permitted by State law. In the absence of specified provisions in this Agreement such practices and procedures are discretionary.

Section 45.2
This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Section 45.3
This Section does not apply to the County's Civil Service System or to the rules adopted to administer the Civil Service System.

ARTICLE 46. SEPARABILITY

Should any provision of this agreement be held inoperative, void or invalid by the state or federal legislature or 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.

ARTICLE 47. OBLIGATION TO MEET AND WAIVER CLAUSE

Section 47.1
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 E.T.A. 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.

Section 47.2
In the event any new practice, subject or matter arises during the term of this agreement and an action is proposed by the County, E.T.A. 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 E.T.A. 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.

ARTICLE 48. MEDIATION AT TIME OF IMPASSE

Section 48.1
If the management representatives and E.T.A. fail to reach an agreement on matters within the scope of representation, and the parties are unable to agree on a method of solving the dispute, an impasse meeting shall be scheduled promptly by the parties involved, unless they mutually agree to extend the impasse date. The purpose of such impasse meeting is to permit review of the positions, needs and interests of E.T.A. and the County.

Section 48.2
At that meeting either party may request mediation. E.T.A. and the County shall then proceed to mediation to assist the parties in the resolution of the dispute with a mediator from the State Mediation and Conciliation Service.

Section 48.3
The mediator shall review the information presented by E.T.A. and the County and shall obtain such other information as considered necessary. The mediator shall hold meetings and attempt to resolve areas of disagreement between E.T.A. and the County.

Section 48.4
The mediator shall make no public recommendations nor take any public position regarding issues. All mediation sessions shall be confidential.

Section 48.5
The cost of mediation and related administrative costs, if any, shall be divided equally between E.T.A. and the County.

Section 48.6
In the event mediation is not successful, E.T.A. and the County may mutually agree to submit the relevant facts and issues to a fact-finder(s) in accordance with the procedures established in the Employer-Employee Relations Policy of the County of Santa Barbara (currently Resolution 75-743).

ARTICLE 49. TERM OF AGREEMENT

The County and E.T.A. agree that this Memorandum of Understanding shall not be binding upon the parties either in whole, or in part, unless and until ratified by E.T.A. members 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 7, 2007.

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 (60) days prior to the termination date of the 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 (120) days nor less than sixty (60) days prior to the termination date of this agreement, unless the parties mutually agree otherwise. The initial meeting shall be held within two weeks of the request to meet and confer. Any request to meet and confer made earlier than ninety (90) days prior to the termination of this agreement must be accompanied by written proposals as an indication of readiness to meet and confer. The responding party will to the best of its ability provide its own proposals by the third meeting.