1. Memorandum of Understanding
between
Butte County In-Home Supportive Services Public Authority
And
California United Homecare Workers Union, AFSCME/SEIU
October 1, 2009 - September 30, 2012
2. PREAMBLE ................................................................................................... 6
ARTICLE 1: UNION RECOGNITION ........................................................ 6
ARTICLE 2: MUTUAL RESPECT .............................................................. 7
ARTICLE 3: NO DISCRIMINATION ......................................................... 7
Section A...................................................................................................... 7
Section B ...................................................................................................... 7
ARTICLE 4: UNION RESPONSIBILITIES ................................................ 7
Section A: Official Representatives and Stewards ..................................... 7
Section B: Duty of Representation ............................................................. 7
ARTICLE 5: CONSUMER RIGHTS ............................................................ 8
Section A: Consumer Rights ...................................................................... 8
Section B: Consumer Confidentiality. ........................................................ 8
Section C: Right To Privacy ....................................................................... 9
Section D: Consumer Representation ......................................................... 9
ARTICLE 6: PUBLIC AUTHORITY RIGHTS ........................................... 9
Section A...................................................................................................... 9
Section B .................................................................................................... 10
Section C .................................................................................................... 10
ARTICLE 7: UNION SECURITY .............................................................. 10
Section A: General .................................................................................... 10
Section B: Membership in Good Standing ............................................... 10
Section C: Agency Fees ............................................................................ 10
Section D: Indemnification ....................................................................... 11
2
3. Section E: State Changes .......................................................................... 11
ARTICLE 8: DUES DEDUCTION............................................................. 11
Section A.................................................................................................... 11
Section B .................................................................................................... 11
Section C .................................................................................................... 12
Section D.................................................................................................... 12
ARTICLE 9: PAYROLL/DIRECT DEPOSIT ............................................ 12
Section A.................................................................................................... 12
Section B .................................................................................................... 12
ARTICLE 10: HOURS OF WORK ............................................................ 13
ARTICLE 11: WAGES ............................................................................... 13
Section A.................................................................................................... 13
Section B .................................................................................................... 13
ARTICLE 12: HEALTH PLAN .................................................................. 13
ARTICLE 13: RECORD OF REGISTRY SERVICES .............................. 16
ARTICLE 14: TRAINING REGISTRY ORIENTATION ......................... 17
Section A.................................................................................................... 17
Section B .................................................................................................... 17
Section C .................................................................................................... 17
Section D.................................................................................................... 17
Section E .................................................................................................... 17
ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,
LANGUAGES .............................................................................................. 18
3
4. Section A: Bulletin Boards ....................................................................... 18
Section B: Notices .................................................................................... 18
Section C: Languages ............................................................................... 19
ARTICLE 16: GRIEVANCE PROCEDURE ............................................. 19
Section A: Definition ................................................................................ 19
Section B: Timeliness ............................................................................... 20
Section C: Grievance Procedure Steps ..................................................... 20
Section D: Scope of Arbitration Decisions .............................................. 22
Section E: Effect of Failure of Timely Action ......................................... 22
Section F: Extension of Time Periods ...................................................... 22
ARTICLE 17: LABOR-MANAGEMENT COMMITTEE......................... 22
Section A.................................................................................................... 22
Section B .................................................................................................... 23
ARTICLE 18: NO INTERRUPTION OF WORK ...................................... 23
Section A.................................................................................................... 23
Section B .................................................................................................... 24
ARTICLE 19: INDEMNIFICATION AND LIABILITY ........................... 24
Section A.................................................................................................... 24
Section B .................................................................................................... 24
Section C .................................................................................................... 25
ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,
MODIFICATION AND WAIVER .............................................................. 25
Section A: Sole and Entire Agreement ..................................................... 25
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6. PREAMBLE
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"Agreement") is entered into by the In-Home Supportive Services Public
Authority of Butte County (hereinafter referred to as "Public Authority")
and the California United Homecare Workers Union, AFSCME/SEIU
("Union"). The Union and the Public Authority acknowledge that the
relationship between the Public Authority and the employees in this
bargaining unit, who are individual In-Home Supportive Services providers
(hereinafter referred to as "Providers"), is governed by State law,
specifically Welfare and Institutions Code Section 12301.6, and
Government Code Section 3500 et seq. The parties also acknowledge that
this relationship is unique, and that the Public Authority does not employ or
manage the Provider workforce in the role of a traditional employer. The
parties also acknowledge that the In-Home Supportive Services recipients
(hereinafter referred to as "Consumers") remain the employers for the
purposes of hiring, firing, and supervising the work of any Provider
providing services to them.
The Public Authority and the Union recognize that, due to the nature of the
relationship between them and the role of that relationship in the In-Home
Supportive Services (hereinafter referred to as "IHSS") program, the
implementation of various provisions of this Agreement will require the
assistance and cooperation of agencies that are not party to this Agreement.
The Public Authority and the Union agree to work together in good faith in
order to secure the assistance of the appropriate entities when required by
the provisions of this Agreement. Similarly, the Union commits itself in this
Agreement to some goals that not only benefit this workforce, but are also
intended to benefit Consumers.
This Agreement is entered into pursuant to the authority provided under
Section 3505.1 of the Government Code and has been jointly prepared by
the parties.
ARTICLE 1: UNION RECOGNITION
The Public Authority recognizes the Union as the exclusive representative of
the Providers. This Agreement does not apply to others affiliated with or
employed by the Public Authority, including without limitation, staff of the
Public Authority.
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7. ARTICLE 2: MUTUAL RESPECT
The Public Authority and the Union agree that all workers and
administrators involved in the IHSS program regardless of position,
profession, or rank, will treat each other with courtesy, dignity and respect.
The foregoing shall also apply in providing services to the public,
specifically including Consumers.
ARTICLE 3: NO DISCRIMINATION
Section A
Except as otherwise provided by law, the Public Authority and the Union
shall not discriminate in the interpretation, application or enforcement of the
express terms of this Agreement because of sex, race, religion, color,
national origin, sexual orientation, age or disability.
Section B
The Public Authority and the Union shall not discriminate against any
Provider for his/her participation or non-participation in Union activities or
exercising his/her rights under this Agreement.
ARTICLE 4: UNION RESPONSIBILITIES
Section A: Official Representatives and Stewards
The Union shall provide a current Official Representative List to the Public
Authority Manager. The list shall include the name, title, telephone number,
mailing address and e-mail address of the Union's official representatives,
including stewards. The Union shall notify the Public Authority Manager of
any changes to the list. The official Union representatives and stewards
shall not be recognized by the Public Authority until such list or changes are
provided to the Public Authority Manager.
Section B: Duty of Representation
The Union agrees that it has a duty to provide fair and non-discriminatory
representation to all Providers for whom this Agreement is applicable
regardless of whether they are members of the Union.
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8. ARTICLE 5: CONSUMER RIGHTS
Section A: Consumer Rights
Consumers are dependent upon IHSS in order to remain safe at home. They
have the right to receive the services from their Provider in a caring,
respectful and efficient manner free from concern that their services might
be affected by the actions or inactions of the Public Authority, Butte County
(hereinafter referred to as "County") or the Union. Providers and Union
representatives will discuss any issues regarding this Agreement directly
with the Public Authority or with their Union steward, rather than with
Consumers.
The parties reaffirm that under State law and the County ordinance
establishing the Public Authority, Consumers as employers have the sole
and undisputed right to:
1. Hire Providers of their choice;
2. Remove Providers from their service at will;
3. Determine in advance and under all circumstances who can and
cannot enter their home; and
4. Supervise and direct the work of Providers providing services
to them within the scope of authorized services.
Section B: Consumer Confidentiality.
The Union shall not seek information regarding the name, address, phone
number or any other personal information regarding Consumers. Union
representatives and Providers shall maintain strict standards of
confidentiality regarding Consumers and shall not disclose personal
information obtained from whatever source, pertaining to Consumers, unless
disclosure is compelled by legal process or otherwise authorized by law. If
Consumer information is disclosed pursuant to this Article, the Consumer
and the Public Authority shall be notified of such release or disclosure
immediately
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9. Section C: Right To Privacy
The Union shall have no contact with either the Consumer or the Provider at
the Consumer's home without the express permission of the Consumer or
guardian. This Section does not apply to contact with the Provider when the
Provider and the Consumer share the same residence or the Provider uses
the Consumer's address/phone number as his/her contact information. When
the Consumer and Provider share a residence, the Union representative may
speak with the Provider after explaining the purpose of the visit and
receiving permission from the Provider. If the address visited is the
exclusive residence of the Consumer, the Union representative must also
receive permission from the Consumer or guardian to either (1) make an
appointment at another location and/or time or (2) continue with the
meeting.
In all instances, the time spent in any such meeting shall not interfere, delay,
or interrupt care to the Consumer, and shall not be counted as work time.
Section D: Consumer Representation
The parties recognize that Consumers may request accompaniment,
representation and/or assistance at their assessment and reassessment
reviews with social workers, from any source. The parties also recognize
that Consumers may request representation, from any source, for any State
hearing appeals filed by the Consumer.
ARTICLE 6: PUBLIC AUTHORITY RIGHTS
Section A
Unless otherwise expressly specified in this Agreement, the rights of the
Public Authority include, but are not limited to, the exclusive right to
determine the mission of its governing body, committees and other related
work groups; maintain the efficiency of its operations; determine the
methods, means and personnel by which its operations are to be conducted;
add or delete names of Providers to and from the registry; and take all other
necessary actions to carry out its mission.
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10. Section B
The Public Authority shall have the authority to take any necessary actions
in the case of an emergency. The Public Authority shall notify the Union of
the nature of the emergency and of any necessary actions or changes
promptly.
Section C
The rights of the Public Authority set forth above are subject to compliance
with all applicable State laws and regulations.
ARTICLE 7: UNION SECURITY
Section A: General
As a condition of continued employment, Providers must become and
remain members of the Union in good standing or pay an agency fee to the
Union commencing thirty (30) calendar days after their first date of
employment as a Provider. Such dues or agency fees shall be deducted from
the Provider's paycheck on a monthly basis.
Section B: Membership in Good Standing
This means that the Provider has voluntarily chosen to join the Union and to
pay to the Union the regular periodic dues required of Union members.
Section C: Agency Fees
1. Definition. Agency fee is the minimum regular monthly fee to
the Union, required of non-members as their fair share of the
costs of representation, subject to the limitations and
protections of applicable law and of this Agreement.
2. Religious Objectors. Any Provider, who is a member of a bona
fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting a
union, may apply for exemption from agency fee obligations by
presenting verification to the Public Authority of active
membership in that religion, body or sect. If a satisfactory
basis is presented for exemption, the exempted Provider shall
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11. make a charitable contribution equal to the agency fee to a non-
religious, non-labor, charitable organization exempt from
taxation under IRS Code Section 501 (c)(3) on a list of three (3)
such organizations to be agreed upon by the Public Authority
and the Union. Copies of any such application for religious
exemption and supporting material and the Public Authority's
decision shall be forwarded by the Public Authority to the
Union within fifteen (15) days of receipt by Public Authority.
The Union shall then have fifteen (15) days after receipt of
Public Authority's decision to challenge any exemption granted
by the Public Authority.
Section D: Indemnification
The Union shall defend, indemnify, and hold harmless the Public Authority
and its respective board, directors, officers, agents and employees from any
and all claims; demands, suits, or any other action arising from this Article
or from the Public Authority's compliance with any Union requests made
pursuant to its efforts to collect dues and/or agency fees.
Section E: State Changes
If at any time the State makes changes to the dues deduction or payroll
system, the Public Authority and the Union shall immediately commence
negotiations regarding those parts of this Article that may be impacted by
implementation of such changes.
ARTICLE 8: DUES DEDUCTION
Section A
The Union has the exclusive privilege of the deduction of any applicable
dues, fees, or assessments for all Providers covered by this Agreement.
Section B
The Public Authority will advise the State Controller, as the payroll agent
for individual Providers, to deduct all authorized membership dues, fees
and/or assessments as required by the Union or as voluntarily requested by
Providers. The Public Authority will assist and cooperate with the Union
and the State Controller to facilitate the timely deduction of said dues, fees,
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12. and/or assessments so that the State Controller may provide timely and
accurate reporting to the Union of all such payments made pursuant to this
Agreement. The Union will provide the Public Authority with a reporting of
the deduction of all such dues, fees, or assessments on a monthly basis.
Section C
To the extent State data-processing systems permit, the Public Authority
will forward to the Union a list of names, addresses, telephone numbers, and
social security numbers of all Providers who were paid in the pay period, the
number of hours paid per month and the gross amount of their earnings, to
the extent that such disclosures are legally permitted under State and Federal
law. This information will be sent electronically, by a means mutually
agreeable to both parties, to the Union within five (5) working days of being
received by the Public Authority.
Section D
The Union shall defend, indemnify, and hold harmless the Public Authority
and its respective board; directors, officers, agents and employees from any
and all claims, demands, suits, or any other action alleging that the Union
has misused or inappropriately disclosed Provider information obtained
from the Public Authority.
ARTICLE 9: PAYROLL/DIRECT DEPOSIT
Section A
The Public Authority shall provide all Providers with an appropriate
telephone number at the County to call for answers to payroll questions and
resolutions to problems. The Public Authority and the Union shall share
information on the causes and potential solutions for general payroll issues
in good faith and in a spirit of cooperative problem solving.
Section B
The Public Authority and the Union agree that the direct deposit of Provider
paychecks to the financial institution of the Provider's choice on a voluntary
basis is in the interest of the Provider, the Public Authority and the Union.
The Public Authority and the Union agree that optional direct deposit will
occur at no cost to the Provider and/or the Public Authority.
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13. ARTICLE 10: HOURS OF WORK
The Union and the Public Authority recognize the unique and varied needs
of Consumers and that these needs do not always conform to a regular shift,
work day or work schedule. Because of this, an individual Consumer will
determine the number of Providers utilized, their schedule and hours of
work based on the Consumer's needs, within the number of authorized,
IHSS hours. Consumers may require day, evening, weekend or irregular
hours of care. It is understood that many Providers live with the Consumer,
and that this may necessitate that Providers care for Consumers at various
hours of the day or night.
ARTICLE 11: WAGES
Section A
Wages for Providers shall be $8.20 per hour, effective the month following
ratification by the Union, adoption of this Agreement by the Public
Authority Board and approval of the rate by the State but no earlier than
May 1, 2012.
Section B
The Public Authority and the Union acknowledge that the Public Authority
pays Provider wages based upon assurances that the Federal government and
the State of California will each pay a portion of the Provider’s wage up to a
specified maximum wage. If the Federal government and/or the State of
California reduce the maximum wage for which they will pay a
proportionate share below the current Provider wage rate described in
Subsection A above then the Provider wage rate will be reduced to that
maximum wage.
ARTICLE 12: HEALTH PLAN
Section A.
The Public Authority shall pay the premium payment (“Public Authority
Premium”) directly to the currently selected health care plan on behalf of
enrolled Providers effective June 1, 2012 or as soon thereafter as is
practicable pursuant to the following:
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14. 1. Health Plan - The Public Authority and the Union shall
contract with the Pan American Life Insurance Company
(“Pan American”) to be the currently selected health care
plan to provide health care benefits to eligible Providers.
The Parties may mutually agree to replace the currently
selected health care plan during the term of this Agreement.
2. Administrator - The Public Authority and the Union shall
contract with Walker Insurance Solutions LLC
(“Administrator”) by signing an Administrative Services
Agreement with the Administrator to administer the
currently selected health care plan.
a. The Public Authority shall have no obligation to
continue to pay the Public Authority Premium if 1)
Pan American or its successor discontinues the
currently selected health care plan, 2) if the Union
fails to meet its obligations described in this Article
and/or in the Administrative Services Agreement, 3)
the Administrative Services Agreement is terminated
or 4) Federal and/or California government reduce or
eliminate the participation level for health related
benefits from the current level of $0.60 per hour.
b. The Public Authority and the Union shall make a good
faith effort to replace the currently selected health care
plan or the Administrative Services Agreement if
either are terminated during the term of this
Agreement. The Public Authority shall continue to
pay the Public Authority Premium if the Parties
successfully negotiate a successor health plan or
administrative services agreement.
3. Premiums - The Public Authority Premium shall be $281.00
per month per enrolled Provider. The Public Authority shall
pay this Public Authority Premium directly to the currently
selected health care plan on behalf of up to 525 enrolled
Providers. The Public Authority does not have the
obligation to pay the Public Authority Premium on behalf of
Providers who are ineligible to be enrolled in the health care
14
15. plan as described in this Article and/or who are not enrolled
in the health care plan.
4. Eligibility – A Provider shall become eligible to enroll in the
currently selected health care plan pursuant to the following:
a. Enrollment Cap – The enrollment cap is 525 eligible
Providers at any given time. If the enrollment cap is
reached when the Parties convert the health benefit
from the prior union sponsored health benefit trust to
the Pan American plan, any eligible Providers over the
525 enrollment cap will be placed on a waiting list to
be administered by the Administrator. When
Providers are moved to the new Pan American plan,
the Administrator shall enroll the Providers with the
earliest initial eligibility dates as determined by the
process described in subsection 4(b) below and the
balance shall be placed on the waiting list. Eligible
providers will be offered the opportunity to enroll in
the order they are listed on the waiting list, as slots
become available, provided that the provider has
retained eligibility. The Administrator shall remove
Providers from the waiting list who become ineligible
to enroll in the health care plan.
b. Initial Eligibility - Each Provider must work at least
eighty (80) hours each month during a three
consecutive month initial eligibility period to become
eligible to be enrolled in the health care plan subject to
the enrollment cap. If the plan is at full enrollment
when the Provider otherwise becomes eligible, the
Provider’s name shall be placed on the waiting list and
the Provider’s subsequent eligibility for enrollment in the
health plan will be determined by the ongoing eligibility
requirements in subsection 4(c) below.
c. Ongoing Eligibility – Each enrolled Provider must
work at least two hundred forty (240) hours in each
three-month eligibility quarter described in this
paragraph to remain enrolled in the health care plan.
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16. The eligibility quarters are 1) January-February-
March, 2) April-May-June, 3) July-August-September
and 4) October-November-December. Enrolled
Providers who fail to work at least two hundred forty
hours (240) each quarter will be placed on a
probationary status and/or removed from the health
care plan pursuant the Administrator’s policies. A
Provider on the waiting list who fails to work two
hundred forty (240) hours in the previous quarter will be
removed from the waiting list pursuant to the
Administrator’s policies until the Provider subsequently
meets the initial eligibility requirements in the subsection
4(b).
5. Grievances – Claims by Providers asserting any violation of
this Article attributable to the Union and/or Administrator
are not grievable and may not be processed pursuant to the
grievance procedure described in Article 16 of this
Agreement.
6. Contingencies – The Parties acknowledge that the Federal
and/or California governments might adopt or implement
healthcare legislation that includes a mandatory employer
contribution for health benefits which exceeds the Public
Authority Premium. If that occurs, the Public Authority
shall reduces wages and/or benefits to keep the total cost to
the Public Authority the same as it existed prior to the
effective date of the healthcare legislation.
ARTICLE 13: RECORD OF REGISTRY SERVICES
The Public Authority shall establish a date of enrollment roster for Providers
enrolled in the registry, to be updated and provided to the Union on a
quarterly basis. Such roster shall include the name, address, social security
number and enrollment date of all Providers enrolled in the registry.
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17. ARTICLE 14: TRAINING REGISTRY ORIENTATION
Section A
All new Providers requesting enrollment in the Public Authority registry are
required to attend an unpaid registry orientation session.
Section B
It is the objective of both the Union and the Public Authority that training
programs be provided that enrich the skills base of the Providers. The
Pub1ic Authority shall seek and give consideration to the Union and the
IHSS Advisory Committee for the purpose of developing and implementing
training programs for Providers. Subjects to be considered for training
sessions may include, but are not limited to, First Aid, CPR and payroll
procedures. Training will be voluntary (except the registry orientation
session as specified in Section A of this Article) and unpaid.
Section C
The Public Authority and the Union agree to work together to explore
training programs to the extent that the Public Authority's budget allows or
to the extent that additional funding is authorized/located for this purpose.
Section D
The Public Authority encourages the Union to identify additional topics for
possible training sessions and to urge Providers to take advantage of training
opportunities. The Union agrees to make materials provided by the Public
Authority available at Union events.
Section E
A Union representative shall be allowed to attend training meetings
organized by the Public Authority. The Public Authority encourages
feedback on the training from all attendees, including the Union. The Public
Authority agrees to make available to attendees materials provided by the
Union. Such materials must be approved by the Public Authority Manager
in advance and shall not contain anything that may reasonably be construed
as maligning the Public Authority, its staff or representatives of the Public
Authority Board.
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18. ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,
LANGUAGES
Section A: Bulletin Boards
The Public Authority will furnish, for use of the Union, bulletin board space
at the Public Authority office at #78 Table Mountain Blvd., Oroville. The
bulletin board space shall be used only for the following subjects:
1. Information concerning Union elections or the results thereof.
2. Reports of official business of the Union, including reports of
committees of the Union's Board of Directors.
3. Union recreational, social and related bulletins.
4. Scheduled meetings.
All materials shall clearly state that it is prepared and authorized by the
Union. The Union agrees that notices posted on the bulletin board shall not
contain anything that may reasonably be construed as maligning the Public
Authority, its staff, or representatives of the Public Authority Board. The
Public Authority Manager shall have the right to remove any materials that
he/she deems objectionable.
In addition, and in an effort to provide a practical means of communicating
with the Providers located in other areas of the County, the Public Authority
will work with the Union to identify other possible locations for the posting
of Union materials, as outlined above.
Section B: Notices
The Public Authority will send Providers no less than two informational
mailings per year in which the Union may insert updates or Union notices at
no additional cost to the Public Authority, provided these notices meet the
requirements of Section A of this Article. The Union will provide the Public
Authority with copies of its inserts at least five (5) days in advance of the
date of mailing or as agreed to by the parties for any particular notice.
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19. Section C: Languages
The Public Authority will make available the Language Line Services to
communicate with non-English speaking Providers, as needed.
ARTICLE 16: GRIEVANCE PROCEDURE
Section A: Definition
This procedure shall be applied in resolving grievances that arise concerning
the interpretation or application of this Agreement. A grievance is defined
as an allegation by a Provider, a group of Providers, the Union representing
a named Provider or group of Providers, the Union in its own right or the
Public Authority that a party to this Agreement has failed to abide by the
terms and conditions of this Agreement.
Participation in the grievance procedure in any capacity shall be solely on
the Provider's own time and shall not be treated as within any Consumers'
allocated service hours, or as paid time.
The Union may represent the Provider(s) at any stage of the grievance
process.
This grievance procedure shall apply exclusively to all matters that are
covered by the expressed terms of this Agreement that relate specifically to
wages, hours and other terms and conditions of employment.
This grievance procedure shall not apply to matters:
1. Which this Agreement provides the Public Authority has final
jurisdiction over;
2. Expressly covered by the Employer-Employee Relations
Resolution;
3. Concerning Consumers' rights including those referred to in
Article 5 of this Agreement; or
4. Matters which are controlled or dictated by legal entities other
than the Public Authority.
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20. Section B: Timeliness
A grievance shall be void unless filed in writing within thirty (30) calendar
days from the date upon which the Public Authority or Union is alleged to
have violated this Agreement, or within (30) calendar days from the time the
grievant became aware of the alleged violation.
Section C: Grievance Procedure Steps
All grievances shall be processed in the following manner:
Prior to filing a grievance in writing, the Provider/Union and a
representative of the Public Authority will attempt to resolve the problem
informally.
Step 1 - Public Authority Manager
If the grievance is not settled informally between the Provider/Union and the
Public Authority representative, it shall be set forth in writing and submitted
to the Public Authority Manager or his/her designee.
All grievances must be set forth in writing citing the alleged violation of this
Agreement, and identifying the specific Article and Section of this
Agreement that is alleged to have been violated and shall specify the remedy
sought. If the Union is not a party to the grievance, the Public Authority
shall notify the Union of the grievance within three (3) business days of its
filing.
The Public Authority Manager or his/her designee shall respond in writing
to the grievance within ten (10) calendar days from receipt of the written
grievance.
Step 2 - Human Resources
If the grievance is not settled at Step 1, the grievant may submit it within ten
(10) calendar days of receipt of the decision at Step l. to the County Human
Resources Director.
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21. If the grievant requests a meeting with the Human Resources Director, such
meeting with the Human Resources Director or his/her designee shall take
place within ten (10) calendar days after receipt of the Step I written
response by the Public Authority or at a time mutually agreed to by the
parties. If the Union is not a party to the grievance, the Public Authority
shall notify the Union of the grievance within three (3) business days of its
filing.
The Director of Human Resources or his/her designee shall respond in
writing to the grievance within ten (10) calendar days of the receipt of the
written grievance or from the date of the meeting with the grievant,
whichever is later.
Step 3 - Mediation
If the grievance is not settled at Step 2, the Public Authority and the Union
shall utilize mediation to attempt to resolve the dispute at issue. The parties
shall request an impartial mediator from the California State Mediation and
Conciliation Service to meet with the parties to attempt to resolve the
grievance within twenty (20) calendar days after completion of Step 2, or at
a time mutually agreed to by the parties. The costs of mediation, if any,
shall be shared equally by the parties. The mediator shall have no authority
to impose a settlement of the grievance. The mediator's comments,
suggestions and recommendations, if any, shall be kept confidential. If
mutually agreed to by the parties, the mediator may be requested to prepare
a written report of the mediation.
Step 4 - Binding Arbitration
If no settlement is reached in Step 3, either the Public Authority or the
Union shall have the right to proceed to arbitration. In the event that the
dispute proceeds to arbitration, the parties shall make a good faith effort to
agree on an arbitrator. If the parities are unable to agree on an arbitrator
within ten (10) days from receipt of the arbitration request, the parties shall
request a list of nine (9) arbitrators from the California State Mediation and
Conciliation Service and shall meet to alternately strike the names from the
list of arbitrators until, through process of elimination, only one name
remains.
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22. The arbitrator shall render a decision within thirty (30) days. The decision
of the arbitrator shall be final and binding.
The fees and expenses of the arbitrator and of the court reporter, if required,
shall be shared equally by the parties. Each party, however, shall bear the
costs of its own representation, including presentation and post-hearing
briefs, if any.
Section D: Scope of Arbitration Decisions
Proposals to add to or change this Agreement or to change written
agreements supplementary hereto shall not be subject to arbitration and no
proposal to modify, amend, or terminate this Agreement nor any matter or
subject arising out of or in connection with such proposals may be referred
to arbitration under this Article. The arbitrator shall limit his/her decision to
the application and interpretation of the provisions of this Agreement. The
arbitrator shall have no authority to add to, delete, or alter any provisions of
this Agreement or written agreements supplementary hereto or to establish
any new terms or conditions of employment.
Section E: Effect of Failure of Timely Action
If a Provider does not present the grievance, or does not appeal the decision
rendered regarding the grievance within the time limits at any step of the
process as set forth above, the grievance shall be considered resolved.
Section F: Extension of Time Periods
The time periods given above for processing a grievance may be extended
by mutual agreement of the parties.
ARTICLE 17: LABOR-MANAGEMENT COMMITTEE
Section A
In order to encourage open communication, promote harmonious relations
and resolve matters of mutual concern, the parties agree to create a Labor-
Management Committee. The Committee will be governed by the
following:
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23. 1. The Committee shall be composed of up to five (5) Union
representatives and up to five (5) Public Authority
representatives. In addition, County staff may attend, as
appropriate.
2. The Committee shall be co-chaired by one of the Union
representatives and one of the Public Authority representatives.
3. The Committee may meet quarterly, or as frequently as agreed
to by the parties, but shall meet no less than twice per calendar
year.
4. Minutes will be prepared by the Public Authority and the
Union, with alternating responsibility, within thirty (30) days of
each meeting.
5. The Committee will refrain from conducting negotiations or
considering matters properly the subject of a grievance and will
relegate those subjects to the appropriate meet and confer or
grievance process.
6. Union representative committee members serve on a voluntary
basis and will receive no remuneration from the Public
Authority for their participation.
Section B
Ideas or suggestions to improve the IHSS program identified in the Labor-
Management Committee may be referred to the IHSS Advisory Committee
for consideration.
ARTICLE 18: NO INTERRUPTION OF WORK
Section A
The unimpaired continuation of IHSS is of paramount importance to County
residents and specifically to the recipients of home care services. Therefore,
neither the Union nor the Providers shall authorize, sanction, or support any
strike, slowdown or stoppage of work, or refuse to perform customary
duties.
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24. Section B
In addition, the Public Authority shall not lock-out, or in the context of a
labor dispute, prevent Providers from working and being paid for their work.
This provision shall continue in full force and effect for the term of this
Agreement and for a minimum of one (1) year beyond the term of this
Agreement.
ARTICLE 19: INDEMNIFICATION AND LIABILITY
Section A
This Article is included for informational purposes only and consistent with
the mandate specified in County Ordinance No. 3809, adopted on February
12, 2002.
Section B
County Ordinance 3809 states the following:
1. Any obligation or legal liability of the Authority, whether
statutory, contractual or otherwise, shall be the obligation or
liability solely of the Authority and shall not be the obligation
or liability of the County of Butte.
2 The Authority has no power to bind the County to any
contractual or legal obligations. Nor may the obligees of the
Authority seek recourse against the County of Butte for any
financial or legal obligation of the Authority.
3. The Authority shall not be deemed to be the employer of IHSS
providers for purposes of liability because of the negligence or
intentional torts of the IHSS providers. Employees of the
Authority shall not be employees of the County for any
purpose."
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25. Section C
The Public Authority shall not be held liable for any action or omission of
any Provider whom the Public Authority did not list on its registry or
otherwise refer to a Consumer.
ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,
MODIFICATION AND WAIVER
Section A: Sole and Entire Agreement
This Agreement, together with any appendices and/or side letters, concludes
all collective bargaining between the parties and constitutes the sole and
entire agreement between the parties and supersedes any prior agreements or
understandings, oral or written, express or implied, or practices by the
Public Authority with regard to the Providers' bargaining unit.
The parties acknowledge that, during the negotiations that resulted in this
Agreement, each had the unlimited right and opportunity to submit
proposals with respect to any subject matter not otherwise prohibited by law
and that the agreement reached by the parties following the exercise of that
right and opportunity is set forth in this Agreement.
In the event that any Article, Section or portion of this Agreement is
declared invalid by a court of competent jurisdiction or is in contravention
of any applicable law, the remaining provisions to this Agreement shall not
be invalidated thereby and shall remain in full force and effect.
Section B: Modification
No agreement, alteration, understanding, variation, waiver or modification
of any of the provisions contained herein shall in any manner be binding
upon the parties hereto unless made and executed in writing by all parties
hereto and, if required, approved by the Public Authority Board.
Section C: Waiver
The waiver of or any breach of terms or conditions of this Agreement by
either party shall not constitute a precedent in the future enforcement of all
its terms and provisions.
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26. ARTICLE 21: TERM
The term of this Agreement shall commence upon its ratification by the
Union and adoption by the Public Authority Board and shall remain in full
force and effect through September 30, 2012.
Signed and entered into _________ day of ____________, 2012.
UNION RATIFICATION
Ratified by the California United Homecare Workers Butte County
bargaining unit on March ______, 2012.
For the Public Authority: For CUHW:
_________________________ _________________________
Cathi Grams Gail Ennis
Director, Butte County Department Association President
of Employment and Social Services
________________________ _________________________
Jack Hughes Loretta Stevens
Chief Negotiator Chief Negotiator
Butte County IHSS Public Authority CUHW
COUNTY RATIFICATION
Ratified by the Butte County IHSS Public Authority Board this
_____________ day of _____________, 2012. Minute Order No. ________
__________________________________
Steve Lambert
Chair of the Butte County IHSS Public Authority Board
ATTEST:
Paul Hahn, Chief Administrative Officer and
Clerk of the Butte County IHSS Public Authority Board
____________________________________
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