Cordilleras Contract FINAL 12-2017

7/29/2019 Cordilleras Contract FINAL 12-2017

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AGREEMENT

between

LOCAL 829

DISTRICT COUNCIL 57AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPALEMPLOYEES, AFL-CIO, CLC

and

CORDILLERAS MENTAL HEALTHCENTER

TELECARE CORPORATION

November 15, 2012 November 15, 2017


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Preamble..................... 1Section 1. Recognition. 1Section 2. No Discrimination.. 2Section 3. Union Security and Payroll

Deductions. 3

Section 4. Union Rights.

4

Section 5. Employment Status. 6Section 6. Classification and Rates of Pay 9

Section 7. Hours, Overtime, Differential,

Breaks 12Section 8. Transfer and Promotion 16Section 9. Seniority and Layoff.. 18Section 10. Retirement and Insurance 23Section 11. Holidays. 26Section 12. Time Off With Pay 28Section 13. Leaves of Absence.. 38Section 14. Jury Leave. 42


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Section 15. Training.. 43Section 16. Miscellaneous Benefits 47Section 17. Safety. 48Section 18 Employee Input.. 50

Section 19. Personnel Documents. 50Section 20. Discipline and Discharge 52Section 21. Grievance Procedure.. 53Section 22. Retained Rights 59Section 23. Glossary of Terms 60Section 24. Entire Agreement. 61Section 25. Work Stoppage. 61Section 26. Savings Clause. 62Section 27. Duration and Termination... 63

APPENDIX A - ON-CALL EMPLOYEES 64APPENDIX B - WAGE RATES 68


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PreambleThis Agreement between the Cordilleras Mental HealthCenter/Telecare Corporation, hereinafter referred to as the"Employer" and AFSCME District Council 57, Local 829, AFL-CIO, hereinafter referred to as the "Union", has as its purpose thepromotion of harmonious Employer-employee relations; theestablishment of an equitable and peaceful procedure for theresolution of differences; and the setting forth of pay rates, benefitsand other terms and conditions of employment.

Section 1. Recognition

A. Pursuant to the certification of the National LaborRelations Board in Cases No. 20-RC-15116, and 20-RC-15117, the Employer recognizes the Union as theexclusive collective bargaining representative for thespecified employees at its Cordilleras Mental HealthCenter facility. The bargaining units shall include allregular full-time, regular part-time and on-callemployees in those classifications listed in Appendices

B and C attached to this Agreement, and made a parthereof.

B. The Cordilleras Mental Health Center facility isdefined as all present and future buildings andfacilities at 200 Edmonds Road, Redwood City,California, and this Agreement applies only to suchemployees at such location as defined and does notapply to employees of the Employer at other facilitiesof the Employer.

C. The parties agree that the exclusive method forresolving any differences regarding this Section shallbe negotiation and if negotiation is unsuccessful then


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the parties are to submit such differences for unitclarification to the National Labor Relations Board

The Personnel Policy and Procedure Manual and theUnion Agreement both cover some of the same areasof concern. Where the two conflict in any way, thebargaining unit Agreement will take precedent overthe Personnel Policy and Procedure Manual. (SideLetter 12/97)

D. For the purposes of this Agreement, a regular full-time

employee is defined as an employee who works aregular, predetermined work schedule of sixty-four(64) or more hours during an administrativelyestablished payroll period. A regular part timeemployee is defined as an employee who works aregular predetermined work schedule of less thansixty-four (64) hours during an administrativelyestablished payroll period.

Section 2. No Discrimination

A. No employee shall be discriminated against, to theextent prohibited by Federal, State or Local law. Suchprohibited discrimination includes, but is not limitedto, Union activities, age, race, color, religion, nationalorigin, ancestry, marital status, sex, sexual orientation,physical handicap, medical condition or disability.

B. Family connections or significant other arrangementsare not necessarily barriers to employment with theEmployer. However, no relative or significant other of

a present employee may be hired if he/she wouldsupervise, or be supervised by the other, or would bein the same work group.


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C. The employer agrees to abide by all federal and statelaws and regulations and local ordinances. Thisstatement shall only be subject to meet and confer andshall not be subject to grievance or arbitration.

Section 3. Union Security and Payroll Deductions

A. Each new employee hired who will be subject to thisAgreement shall receive from the Employer as part ofthe orientation packet a copy of this Agreement, a

Union representation card, and other informationalmaterials supplied by the Union.

B. All present employees covered by this Agreementshall, as a condition of employment, become andremain members of the Union thirty-one (31) calendardays following the signing of this Agreement. AllFuture employees shall be required to become andremain members in good standing thirty-one (31)calendar days after being employed. Membership ingood standing means that the employed member

tenders periodic dues as uniformly required by theUnion as condition of acquiring or retainingmembership. The Employer shall furnish newemployees with a membership card and a payrolldeduction card at the time of hire. Employees who failto comply with this requirement shall be discharged bythe Employer within two (2) weeks after written noticeto the Employer from the Union, subject to theprovisions of applicable law. The Employer willnotify the Union office on a monthly basis of thename, address, classification and date of hire for each

employee hired for a job classification covered by thisAgreement. On a quarterly basis the Employer willnotify the Union office of the name, address, telephone


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number, classification, hourly wage and seniority datefor each employee covered under this Agreement.

C. The Employer agrees to deduct the Unionmembership dues from the bi-weekly pay checks ofemployees whose signed authorization for suchdeductions is submitted to the Employer.

D. Employees may voluntarily elect to havecontributions at a minimum of $2.00 (two dollars) perpay period deducted from their paychecks under

procedures prescribed by the Employer for the PublicEmployees Organized to Promote LegislativeEquality Fund (PEOPLE) of AFSCME. Suchdeductions shall be made only upon signedauthorization from the employee and shall continueuntil such authorization is revoked in writing. TheEmployer agrees to remit monthly to the Union allmonies deducted for PEOPLE accompanied by a listof employees for whom such deductions have beenmade.

E. The Union shall indemnify and save the Employerharmless against any and all claims, demands, suits orother forms of liability or loss including attorney'sfees that shall arise out of or by reason of actiontaken, or not taken, by the Employer for the purposesof complying with any of the provisions of thisSection.

Section 4. Union RightsA. Employees or the authorized business representative

of the Union may distribute literature during non-work hours in the parking lots, staff dining room, and


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any staff lounge, except that the employees or Unionwill not distribute or post any political literature.

B. The authorized business representative of the Unionshall have access to the facility during working hourswhen he/she applies at the office of the Administratorduring regular business hours. Such representative ofthe Union shall not interfere with the employees orcause them to neglect their work and shall limithis/her activity to matters arising under theAgreement. In the event the business representative

has need to access the facility after business hoursand/or during an emergency he/she will contact theAdministrator or his/her designee.

C. The Union will have four (4) bulletin boards providedby the Employer, one to be located near the timeclock and the others, one each, in the staff break roomon the second and third floors, and one in the suites.The Union agrees to use the Union bulletin boards forposting Union social functions, meetings, elections,and appointments or any other materials of which the

Employer is notified in advance and does not objectto such posting.

D. Stewards may receive and may discuss complaintsand grievances of employees on the premises, in amanner that does not interfere with employees orcause them to neglect their work. The Union shall beentitled to seven (7) stewards, not all of whom shallbe from the same departmentor shift. Stewards willmake arrangements with their supervisor beforeleaving their work station to resolve or investigate

grievances.


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E. Upon request of the employee, the steward shall bepresent, to report facts, ask clarifying questions andadvise the member in any meeting with a supervisor,when such employee reasonably anticipates that suchmeeting will involve questioning which may lead todisciplinary action.

F. Stewards shall be in paid status for all grievancemeetings, investigatory meetings held pursuant to 4E,disciplinary meetings, labor-management committeemeetings, and meetings with management which

occur during the steward's work day. In addition,stewards shall have an aggregate of five (5) hours permonth in paid status to investigate grievances duringthe steward's work day.

G. The members of the Union negotiating team shall notbe paid by the Employer for time spent innegotiations. However, such time shall not be treatedas unpaid time by the Employer for the purposes ofaccrual of paid days of leave or extended sick leave.

Section 5. Employment Status

A. Probation

As of January 9, 1994 a newly-hired or re-hiredemployee shall undergo a probationary period of onehundred eighty (180) calendar days of continuousemployment prior to becoming eligible for status as aregular employee. During the probationary period anemployee may be dismissed for any reason. Such

discharges shall not be subject to the grievanceprocedure of Section 21.


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B. Eligibility of Benefits

As provided in Section 10B, upon completion ofninety-one (91) calendar days an employee shall beeligible for insurance benefits at the start of the monthfollowing his/her completion of ninety-one (91)calendar days. Insurance benefits will be determinedby full or part-time status.

C. Benefit Participation

Employee status and eligibility for insurance benefitsshall be determined by the number of hours he/she isregularly scheduled to work per pay period as definedbelow:

BenefitCategory Hours per Pay Period Participation

Full-Time 64-80 100%Part-Time 0-63 50%

D. Job Sharing

The Employer supports the concept of job sharing andshall make every effort to grant job sharing requestsfrom employees, subject to the requirements ofadequate client care and the related qualifications,experiences, and past performances of the employeesmaking the job sharing request.

In order to be considered, such requests must be inwriting and shall propose a schedule for coverage ofthe full-time workload to be shared. Job sharing shall

require of the employee that, in the event one job-sharing partner terminates employment or is otherwiseunavailable for more than normal illness or vacation


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periods, not to exceed thirty (30) consecutive calendardays, the remaining partner will, upon the request ofthe Employer, assume full-time coverage of the sharedworkload until the return or replacement of the absentjob-sharing partner.

In the event the job sharing partnership is broken andthe remaining partner refuses, or is otherwise unable,to assume full-time coverage, or should a new partneracceptable to management be unavailable to carry outthe previously shared workload and meet the

previously established work schedule, the remainingpartner may be terminated on the basis of just cause,i.e., failure to report for duty as assigned. TheEmployer shall exercise this right in a reasonablemanner.

E. Relatives

Relatives currently working together and on-callemployees who may qualify for promotion or transferto regular employment in units or departments with

relatives shall be grandfathered, meaning that thecurrent policy shall not apply to them. No currentemployee grandfathered under this agreement shallsupervise or be supervised by a relative. (Side Letter12/97)

F. Temporary Employees

Temporary employees is defined as an employee whois hired for a specified length of time (not to exceed 26

weeks except when replacing persons off on workers'compensation in which case employment may be forthe length Employer is required by law to hold


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position open) in a temporary full-time or part-timeassignment for the purpose of:

1. Replacing an employee on leave of absence; or

2. Providing replacement for employees during aconcentrated period of vacation or sick leavewhen regular or on-call employees are unavailablefor such coverage; or

3. Staffing a special limited-term project not toexceed six (6) months in duration.

Bargaining unit members occupying temporarypositions consisting of bargaining unit classificationsshall remain in the bargaining unit. If the employeewho is occupying a temporary position was previouslyenrolled in benefits or employed in a benefit eligibleposition, they will continue with full benefits while inthe temporary position. If the employee was notpreviously occupying a benefit eligible position, theywill not be eligible to participate in the benefitprogram while employed in the temporary position.

However, the time worked in the temporary positionwill count as seniority time for benefit eligibility.

Section 6. Classification and Rates of Pay

A. The classification and salary rates are reflected inAppendix B attached hereto.

B. Current employees and newly hired employees withsimilar experience, education and background for thesame job classification, will be paid at the same step.


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C. Step increases shall be effective at the pay periodfollowing the determination of the wage increases.

D. No employee's wages shall be reduced as the result ofthe execution of this Agreement.

E. In the event that the Employer proposes establishmentof a new classification falling within the Union'sbargaining units, the wage rates for the newclassification shall be subject to prior notification anddiscussion with the Union.

F. It is accepted by the Union that supervisorscustomarily perform some of the work of thoseclassifications that they supervise, and that in additionother classifications not covered by this Agreementmay, on occasion, perform one or more dutiesperformed by classification covered hereby.

G. It is accepted by the Employer that RecoverySpecialists I , II, and III will be assigned work that isappropriate to their job description. There is no

requirement of certification for the Recovery SpecialistClassification.

H. Recovery Specialist II

A Recovery Specialist I will become a RecoverySpecialist II after meeting the followingqualifications:

1. Three years tenure as Recovery Specialist I.This qualification may be waived by theEmployer or appealed by the candidate.

2. Satisfactory performance evaluations.3. Has met in-service/training requirements that

have been offered.


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4. Has not received a written warning ordisciplinary suspension in the last six (6)months.

Recovery Specialist III

Recovery Specialist IIIs will be considered LeadWorkers and assist the charge nurse as assigned.Selection for this position will be based oneducation, training and the promotional languagein the agreement.

No current Recovery Specialist will be reduced instatus unless they choose not to take one of theadjusted shifts for Recovery Specialist III.

Part-time and on-call employees cannot bepromoted to Recovery Specialist III.

I. To the extent practical, new positions will offer everyother weekend off or a weekend day off on a regularbasis. Nothing set forth in this letter shall be subject tothe grievance and arbitration process contained in

Section 21. (Side Letter 12/97)

J. A Social Worker may arrange his/her schedule to meetthe workload needs within the guidelines of eighty(80) hours per pay period with departmental approval.It is understood that overtime would not be paid foradjustment made by employee that resulted in morethan eight (8) hours of work in a day. (Side Letter12/97)


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Section 7. Hours, Overtime, Differential, Breaks

A. The standard pay period is eighty (80) hours in afourteen (14) day period, consisting of eight (8) hoursper day. All overtime premiums will be computedunder this definition.

B. One and one-half (1-1/2) times an employee's regularhourly rate, including shift differential, if any, will bepaid for any hours worked in excess of eighty (80)

hours in a fourteen (14) day pay period, or for anyhours worked in excess of eight (8) consecutive hoursor in excess of eight (8) hours in a workday. Two (2)times an employee's regular hourly rate will be paidfor any hours worked in excess of twelve (12)consecutive hours or in excess of twelve (12) hours ina workday.

C. Only hours actually worked will be considered as timeworked for the purposes of computing overtime.There shall be no pyramiding of overtime.

D. Any overtime must be authorized by an employee'ssupervisor prior to the time such work is performed,except in the event of any emergency.

E. A shift differential shall be paid for all hours workedon any shift which begins between the hours of 3:00p.m. and 4:59 a.m. If the shift begins before 3:00 p.m.but continues past 7:00 p.m. the shift differential willbe paid for hours worked between 4:00 p.m. and 8:30a.m. Except for full shifts beginning at 3:00 p.m. or

later, a shift differential will not be paid on any hoursworked between 8:30 a.m. and 4:00 p.m. unless anemployee works a double shift when they will be paid


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the appropriate shift differential for the full shift thatthe employee works. A double shift is defined asworking at least 4 hours in addition to your regularshift. Shift differential will be paid on vacation, sickleave and holiday pay if the employee is regularlyassigned to the evening or night shift at the time ofvacation, sick leave, or holiday. Such differential shallbe eighty cents ($.80) per hour.

F. Each full-time employee shall be entitled to a duty-freethirty (30) minute unpaid meal period during the

workday. An employee working six (6) hours or lesswill not be provided a meal period.

G. Employees shall receive two (2) duty-free fifteen (15)minutes breaks during each eight (8) hour shift; onebreak before the meal period, and one break after themeal period. Employees shall notify their supervisoror designee before leaving the work area except in anemergency.

H. Work schedules for employees covered by this

Agreement shall be posted at least seven (7) calendardays in advance of the start of the work period, exceptin case of emergency.

I. The Employer may propose temporary changes of lessthan fourteen (14) days in work days, work shifts orfloor assignments. No employee shall have workshifts changed permanently without his/her consent.Permanent changes in days of work will first beoffered to volunteers and if there are no volunteers, thechanges will be implemented by seniority.

J. Hours of work may be changed to allow flextime, 4-day- 10 hour work week (in accordance with the CA Labor


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Code) or other alternative schedules by mutualagreement of the Hospital and the Union. However, theHospital shall have the final decision to allow flextimescheduling.

K. Distribution of OvertimeThe Employer will maintain a list of employees whowish to work overtime. Employees shall inform theEmployer of their OT availability in writing by the 15 thof the preceding month. Employees are responsible forinforming the Employer if their availability changes.

The Employer will offer OT to those employees whoare available on the list by seniority first, then to on-callsecond.

The Employer is not obligated to offer OT whereSection 7.B (double time) would apply unless theemployee signs a waiver.

Mandatory OvertimeAt any time it may be necessary to require mandatoryovertime to meet minimum staffing levels. Mandatory

overtime will be initiated when staffing levels fallbelow minimum standards.

Mandatory overtime will follow the seniority listmaintained by the scheduling clerk and will be based onreverse seniority with the least senior employees beingmandated first.

Once an individual completes the overtime shift, theirname will be rotated to the bottom of the list.


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Minimum staffing is defined as:

Day Shift 1 RN, 2 LVN/LPTs, 4 RSPM Shift 1 RN, 2 LVN/LPTs, 4 RSNight Shift 1 RN, 1 LVN/LPT, 3 RS

The increase of one licensed staff for days and pms iscrucial to our commitment to provide the best carepossible for our clients. We will continue to workdiligently to provide appropriate staffing and avoid anymandated overtime.

PDL UseEmployees shall submit their requests forvacation/holidays by February 1, of each year. TheEmployer will post a schedule of vacations/holidays byMarch 1 of each year. Requests for vacations/holidayssubmitted after February 1 of any year must berequested at least twenty-one (21) days in advance ofthe time requested. The Employer will have seventeen(17) days to approve/disapprove after the request hasbeen submitted. The Employee will submit two (2)

time period choices in order of preference, per requestof vacation. Requests for the same time period will begranted by seniority.

Employees will submit holiday requests in order ofpreference. Having the holiday off according to theschedule is not a guarantee an employee will not becalled into work. The employer will give a thirty (30)day notice to employees if they are scheduled to work aholiday on their day off. Holidays will be granted on arotational basis with seniority as the initial

consideration, then by rotation in subsequent years.


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The preceding is not an agreement to mandatoryovertime, only prescription for allocation. (Side Letter2/2000)

Section 8. Transfer and PromotionA. All vacancies in the bargaining unit will be posted for

seven (7) consecutive days prior to being filled. Bidson posted positions will be accepted by the Employeron a twenty-four (24) hour basis through established

procedures. Positions will be awarded to employees inthe following order: employees seeking a transfer,employees seeking a promotion, outside applicants.

B. An employee seeking transfer to a position withinhis/her job classification shall be awarded the positionon the basis of seniority provided that the employeehas a standard job evaluation and has not received aDisciplinary Suspension within the ninety (90) daysprior to the bid.

C. An employee seeking promotion shall be awarded theposition on the basis of merit and ability (through anobjective management evaluation tool) provided thatseniority shall be used when merit and ability areequal.

D. Positions under B and C above shall normally beawarded within twenty-one (21) days of the close ofthe seven (7) day posting period. However, theEmployer may request a waiver from the Union of upto twenty-one (21) additional days to award a position.


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E. The Employer may transfer employees facility-widebetween job classifications subject only to thefollowing limitations:

1. No employee shall suffer any reduction in wagesor benefits as a result of a temporary transferwhich is defined as any transfer of less thanfourteen (14) calendar days in duration;

2. Any employee who is to be temporarilytransferred shall be notified of such transfer at

least two (2) calendar days prior to the effectivedate except in cases of unforeseen circumstances;

3. No employee will be permanently transferred to adifferent classification without his/her consent;

4. The Employer shall not utilize its power totransfer an employee for the purpose ofcircumventing its obligations under the layoff andrecall provisions of Section 9.

F. An employee temporarily or permanently transferredto a higher paying classification shall be paid at asalary step equivalent to at least five percent (5%)higher than the rate earned in his/her previous position.In the case of a permanent transfer, for purposes ofsalary progression only, the employee's anniversarydate shall be adjusted to correspond to the beginningof the pay period nearest to the effective date of thetransfer.

G. During the first one hundred and eighty (180) days of

employment an employee shall not initiate a transfer orreclassification.


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Section 9. Seniority and LayoffA. Seniority Defined

An employee's seniority is based on the employee'slength of continuous service in classifications coveredby this Agreement. Time worked in a full-time orpart-time fully benefited position (64 - 80 regularlyscheduled hours per pay period) shall be counted asfull-time for the purposes of seniority calculation.

Time worked in a part-time (50% benefited) or on-callposition shall be counted on the basis of straight timehours worked (2080 hours equaling one year of full-time service - 173.3 hours equaling one (1) month ofservice).

B. Calculation of Seniority

1. Seniority shall continue to accrue during anyleave of absence which is for injury or illnesscompensated under the Worker's Compensation

laws of the State of California; such accrual shallbe limited to twelve (12) months.

2. Seniority shall also accrue during any other leaveof absence or any layoff for a maximum offourteen (14) calendar days. During that portionof leave or layoff which exceeds 14 days,seniority shall be retained but not accrued.

3. Seniority rights under this Agreement shallterminate with the employee's voluntary

resignation, discharge, retirement, refusal toaccept recall as provided in Section 9E of theAgreement or with the termination of employment


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when the employee has been on layoff for acontinuous period of twelve (12) months.

4. In the event that two or more employees have thesame date of hire, the relative seniority of suchemployees shall be established by lot.

5. An employee with seniority who is promoted to amanagement position, and then returns to abargaining unit position, shall regain senioritycredit for the previous bargaining unit service.

C. Accrual of Benefits Other Than Seniority

An employee will not continue to accrue benefitsduring a layoff.

D. Layoff

1. The least senior employee in the classificationshall be laid off first. An employee whose positionis to be eliminated or who is displaced by another

as a result of a layoff, may exercise either of thefollowing rights:

a. The employee may transfer to a vacantposition, provided that he/she meets theminimum requirements for the classificationas described in the job description, and he/sheis the most senior of those employeesrequesting transfer to the vacant position.

or

b. The employee may transfer to a positionoccupied by a less senior employee, provided


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that the transferring employee meets theminimum requirements for the classification,as described in the job description. Once anemployee has exercised their right to transferto a position occupied by a less senioremployee, they must remain in that positionfor three (3) months and shall not have theright to bid for transfer during that three (3)month period.

2. An employee who waives the right to transfer to a

vacant position or who waives the right todisplace another employee or who lacks sufficientseniority to displace another worker shall beplaced on layoff status.

3. For layoff purposes, employees shall haveseniority amongst themselves in each category.Layoff shall be in the following order:

Temporary employeesProbationary employeesOn-Call employees

Part-time (50% benefit) employeesFull and part-time (100% benefit) employees

For the purposes of this Section, classificationsshall be as follows:

Recovery Specialist (I, II, III,)HousekeeperRehabilitation Activity LeaderResidential CounselorRehabilitation Therapist (Therapist, Masters)Social Worker

Diet Aide (I, II)CookUnit Clerk


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LVN/LPTRecovery Counselor IRecovery Counselor II

No regular full or part-time employee shall belaid-off while employees working on-call statusare retained unless such regular employees havebeen offered, and have refused, such on-callstatus.

4. The Employer shall provide two (2) weekswritten notice to any employee who is to be laid-off.

5. Following layoff the Employer shall providegroup insurance coverage for the remainder ofthe month and for one (1) additional month toemployees.

6. Employees with three (3) or more years ofservice shall receive forty (40) hours pay at the

time of layoff.

E. Recall

1. Employees recalled from layoff will be notified inperson, and/or by return receipt certified letter tothe employee's last address on record, it being theresponsibility of each employee to keep theEmployer informed of his/her current correctaddress. The Employer may fill the vacancy on atemporary basis pending the return of such

employee. An employee so notified shall reportfor work or notify the Employer of his/herintention to report to work within three (3)


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working days after notification has been given toreport for work. The employee shall return towork at the agreed-upon date and hour, unless areason satisfactory to the Employer is given.Upon failure to comply with any of the provisionsof this Section, or refusal to recall to theclassification from which he/she was laid off, theemployee shall be terminated and lose all furtherrecall rights.

2. An employee may be offered re-employment to a

different job from which he/she was laid off.Such employees shall be given a period of four (4)weeks to demonstrate the ability to perform thework to required standards and if, in the solediscretion of the Employer the employee fails toso perform he/she shall be returned to theprevious layoff status. Return to layoff afteracceptance of such employment shall not restrictthe employee's exercise of his/her re-employmentrights under Section E1, above.

3. When an employee return from layoff, thosebenefits earned and accrued at the time of layoff,but not paid at the time of layoff, will bereinstated.

F. Alternative Procedures

Alternatives to the foregoing procedure may bemutually advantageous in a situation where a reductionin work force is deemed necessary. Either party maypropose such alternative including, but not limited to,

across-the-board or individual reductions in workhours or voluntary layoffs, but no such alternativeshall be implemented in lieu of any provisions of this


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Section without the mutual agreement of the Employerand the Union.

Section 10. Retirement and InsuranceA. 401(K) Plan

1. The Employer shall establish and adopt aretirement plan that is qualified under Section401(K) of the Internal Revenue code as of January1, 1986. The plan shall continue in effect unless

changed by mutual agreement.

a. The Employer shall contribute one percent(1%) of each eligible employee's wages to theplan each month and such contribution shallbe in addition to the wage rates contained inAppendix B.

b. Effective the first full pay period inFebruary, 2006, employer will match

100% on the first 1% (increasedfrom.5%) of employee contribution.

2. To be eligible to participate in the plan anemployee must be at least twenty-one (21) yearsold and have completed one (1) year of service. Ayear of service shall be a year in which theemployee has worked for at least one thousand(1,000) hours.

3. The Employer shall provide the union with a copyof the 401(K) retirement plan document and shall


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provide each plan participant with suchinformation as may be required by the EmployeeRetirement Income Security Act.

B. Insurance

1. The Employer shall provide group insurancecoverage consisting of a $20,000 basic lifeinsurance policy; a medical, surgical andhospitalization policy; a dental policy; and avision plan.

Telecare will establish a process for CordillerasEmployees to increase their life insurance likeother Telecare employees

2. The Employer agrees to enroll all eligibleemployees and their dependents who requestcoverage under either the Kaiser Plan, (co-pay forphysician visits and co-pay for prescriptions), orthe HMO/Vision Plan, and the Delta Dental Plan.The Employer shall have the ability to replace the

HMO Plan with an Alternative Plan that offerscomparable benefits.

For regular full-time employees, the Employerwill contribute one hundred percent (100%) of themonthly premium for Kaiser employee onlycoverage with the exception of a two dollar($2.00) per pay period co-pay and fifty percent(50%) for dependent coverage. For regular part-time employees, the Employer will contributefifty percent (50%) of the monthly premium for

Kaiser employee only coverage and twenty-fivepercent (25%) for dependent coverage.


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For regular full-time employees, the Employerwill contribute up to a limit of two hundreddollars ($200.00) per month for the HMO Plan orits replacement Plan for employee only coveragewith the exception of a one dollar ($1.00) permonth co-pay and fifty percent (50%) fordependent coverage. For regular part-timeemployees, the Employer will contribute up to alimit of fifty percent (50%) of the monthlypremium up to a limit of one hundred dollar($100.00) per month for the HMO Plan or its

Alternative Plan for employee only and twenty-five percent (25%) for dependent coverage.

Telecare agrees to give notice and arrange to meetand confer with AFSCME representatives overany changes in the health insurance premiums, co-payment, etc., before conducting any generalinformational meetings with staff regarding suchchanges.

Regular full-time and regular part-time shall have

the meaning as defined in Section 5.C.

In the event that there is health care legislationenacted during the term of this agreement, thecontract shall be reopened to negotiate overchanges consistent with the legislation.

3. The Delta Dental Plan includes family coverage.The insurance carrier shall be responsible fordetermining eligibility for scheduled benefits.

4. The Employer shall not change the level ofbenefits of an insurance plan without the mutualagreement of the Union.


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5. The Employer and the Union shall establish ajoint committee which shall meet at the call ofeither party to discuss issues and problems arisingunder the 401(K) plan.

C. Continuation and Conversion of Insurance

The Employer shall comply with the continuation ofbenefits provisions of COBRA and conversion ofinsurance provisions provided for by law.

Section 11. HolidaysA. The Employer shall observe the following paid

holidays on the day they are generally observed:

New Year's DayMartin Luther King DayPresident's Day

Memorial DayIndependence DayLabor DayThanksgiving DayChristmas DayEmployee's Birthday

B. For employees hired after January 9, 1994, there is aninety (90) day waiting period to be eligible forholiday pay. An employee will be entitled to holidaypay beginning with the first day of regular

employment. An employee will not be entitled toholiday pay if he/she has an unexcused absence for


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his/her last working shift before, or his/her firstworking shift after the holiday.

C. If a holiday occurs during an employee's scheduledvacation day off, the Employer will pay the holiday inaddition to the employee's pay for that period(including vacation pay if such time is vacation) unlessthe employee elects in writing, prior to the close of thepay period which includes the holiday, to have theholiday added to his/her PDL balance.

D. Eligible full-time employees shall receive eight (8)hours pay at their regular pay rate as holiday pay.Eligible part-time employees shall receive holiday payat their regular rate as follows:

Hours Worked in Pay Period Hours Paid for Holiday40 - 63 416 - 39 20 - 15 0

E. Eligible employees entitled to holiday pay who work

on a non-premium holiday (i.e. all holidays other thanthose specified in Section 11.1) shall be paid regularpay for hours worked in addition to holiday time withpay. The Employer will pay the holiday in addition tothe regular pay unless the employee elects in writingprior to the close of the pay period which includes theholiday, to have the holiday added to his/her PDLbalance.

F. Named holidays which fall on variable days of theweek during the course of the year (Christmas, New

Year's Day, Independence Day, Birthday Holiday),shall be observed on the holiday date. Holidays which


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are observed on Monday by application of the FederalMonday Holiday Act shall be observed on Monday.

G. It is understood and agreed that the Employer shallhave the right to work an employee or employees onany recognized holiday.

H. An employee on any unpaid leave of absence or layoffshall not be paid for a holiday which occurs while theemployee is on such leave or layoff.

I. If an employee is required to work on Memorial Day,Thanksgiving, Christmas or New Year's Day, he/sheshall be paid premium pay at one and one-half (1-1/2)times their base pay rate for hours worked in additionto holiday time with pay.

J. A holiday shift is defined as a shift in which the majorportion of the shift is worked on the holiday.

Section 12. Time Off With PayA. Paid Days of Leave

1. Concept

The Paid Days of Leave (PDL) programeliminates differences between sick leave andvacation leave, placing both in a singlecategory, and allows employees to useaccrued leave according to individualpreferences, subject to the conditions

outlined below.


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2. Accrual and Compensation

a. Regular full-time employees will accruePDL at the following rates:

Months of PDL Accrued Yearly AmountContinuous Per Pay Period of PDLService

0-24th 6 hours 19.5 days25th-48th 7 hours 22.75 days

49th and thereafter 8 hours 26 days

b. After one hundred eight (108)months of service three (3) PDLdays (which may be taken in daysor cash) shall be added to yearlyamount.

c. Regular part-time employees willaccrue PDL on a pro-rata basis, inproportion to the number of hours

they work, not to exceed themaximum accrual by regular full-time employees in any pay period.

d. Temporary employees shall not earnor accrue PDL.

e. PDL shall not accrue during anypay period for which the employeeis not in active pay status for at leastfifty percent (50%) of his/her

regular work schedule.


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f. PDL up to 360 hours may be carriedover on September 30 of eachcalendar year. Excess days musteither be used by the employee orsold back to the Employer at fiftypercent (50%) of the salary value ofsuch excess days.

g. Upon termination of employment, anemployee shall be paid the value ofhis/her unused PDL accrued up to a

maximum of two hundred forty(240) hours plus the amount of PDLhours accrued since the most recentSeptember 30th.

h. PDL is usable by the employee onlyafter ninety (90) consecutivecalendar days from date of hire, butwill be accrued retroactive to theemployee's first day of duty. In theevent that an employee voluntarily or

involuntarily terminates employmentwith Cordilleras Mental HealthCenter prior to the completion ofninety (90) consecutive calendardays of employment, the employeeforfeits all claims to any paid leaveaccrued up to and including the dateof his/her termination.

i. Wages and salaries received by anemployee as PDL shall be computed

on the employee's straight time rate,plus applicable shift premium.


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j.

If an employee is eligible forWorker's Compensation wagebenefits, the employee may usehis/her PDL for the eligibilityperiod, customarily three (3) days,prior to the start of such benefits. Ifthe injury is the result of aclientassault, the Employer will pay theemployee his/her usual rate for thethree (3) days as administrative leavewith pay. See 12B3 for application

of ESL to Worker's Compensationwage benefits.

k. If an employee who has requestedPDL is also entitled to receive otherloss-of-time benefits underWorker's Compensation, SocialSecurity, State Disability Insuranceor any other group disability plan,PDL will be integrated with anysuch benefits to which the employee

is entitled. The combination ofPDL and other benefits shall notexceed the total wages andapplicable premiums to which theemployee would otherwise be due.

l. Neither days of PDL nor wages forscheduled leave will be advanced toany employee except under themost unusual circumstances, andthen only upon the specific approval

of the Facility Administrator. Theonly routine exception to this policyshall be the annual privilege granted


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to each employee to request onceeach calendar year an advancepayment of at least five (5) days ofhis/her accrued PDL to be paid as aseparate check on the employee'slast working day immediately priorto the start of his/her vacation.During that period for which theemployee has requested andreceived advanced payment, he/sheshall receive no additional

compensation above the amount ofthe advance, but shall be consideredin pay status with regard to theaccrual of benefits.

3. Requests and Usage

Accrued PDL may be taken by anemployee subject to the followingconditions:

a. PDL may be used in multiples ofone (1) hour segments.

b. A request to use PDL must beapproved in advance by theemployee's supervisor, except in thecase of use for illness, when theemployee must call in to reporthis/her leave as soon as possible.

c. All requests for PDL must be

submitted on a PDL Request Form;this form should be used forrequesting both leave to be used as


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vacation and leave taken as anemergency, such as called-in sickleave.

Requests for PDL to be used asvacation, regardless of the number ofdays taken, must be madesufficiently far in advance to allowthe Department Head to cover for theabsence. PDL, when taken asemergency sick leave, should be

requested immediately following theemployee's return to duty. PDL tobe taken for any purpose other thanvacation or sick leave must berequested in advance in order toavoid unnecessary schedulingdifficulties; approval is subject to thefacility's ability to cover theemployee's work assignment. Insuch cases, the PDL Request shallstate the purpose for which the leave

is to be taken as well as the datesrequested.

Accrued PDL shall be used for allscheduled time off except wheneligible for ESL.

Any leave other than sick leavewhich is taken without priorsupervisory approval will be chargedas leave without pay and will subject

the employee taking suchunapproved leave to possibledisciplinary action.


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Supervisors shall submit allapproved PDL Request Forms tothe payroll office as back-upinformation to any time cards thatinclude a charge for PDL taken. (SeeSec. 7., Subsection k)

d. If requests for PDL are submittedthree (3) months in advance of theintended vacation period, theemployer will respond to the PDL

request within ten (10) days. Suchrequests will be granted on a first-come, first-serve basis consistentwith the Employer's ability tomaintain minimum staffing levels. .(See Sec. 7., Subsection l)

B. Extended Sick Leave

1. Concept

Extended Sick Leave (ESL) representsinsurance to the employee against a long termillness or injury that may last beyond thelimits of his/her accrued PDL.

2. Accrual and Compensation

a. A regular full-time employeeaccrues ESL at the rate of four (4)hours per pay period, up to amaximum of 240 hours or thirty

(30) days.


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b. A regular part-time employeeaccrues ESL on a pro rata basis, inproportion to the number of hourshe/she works.

c. ESL shall not accrue during any payperiod for which the employee isnot in active pay status for at leastfifty percent (50%) of his/herregular work schedule.

d. ESL is usable by the employee afterninety (90) calendar days from thedate of hire, but will be accruedretroactive to the employee's firstday of duty.

e. Wages and salaries received by anemployee as ESL shall be computedon the employee's straight time rate,plus applicable shift premium.

f. If an employee who is eligible forESL is also entitled to receive otherloss-of-time benefits underWorker's Compensation, SocialSecurity, State Disability Insuranceor any other group disability plan,ESL will be integrated with anysuch benefits to which the employeeis entitled.

g. Upon termination of employment,no compensation shall be paid foraccrued but unused ESL.


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3. Worker's Compensation Injuries and Illnesses

a. If an employee is eligible forWorker's Compensation wagebenefits, the employee shall eitheruse PDL or receive administrativeleave with pay, in accordance with12.A.2.j, for the first three (3) days.For the fourth (4th) day andthereafter, the employee may use

ESL, which shall be integrated withWorker's Compensation wagebenefits, up to the thirty (30) daymaximum ESL balance. IfWorker's Compensation wagebenefits are awarded during thethree (3) day eligibility period, suchbenefits will be integrated withESL.

b. An employee is eligible to use

his/her accrued PDL for a Worker'sCompensation injury or illnesswhen he/she has exhausted accruedESL and remains unable to return towork. The application for PDLshall be automatic.

c. The Employer reserves the right tomake its own determination, basedon an independent medicalexamination, as to the ability of the

employee to return to work. TheEmployer shall bear the cost of suchan examination. It is understood


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that an employee can indicate to theEmployer, on a form provided bythe Employer, the name of thephysician that may providetreatment in the case of an industrialinjury.

d. The Employer will honor all Stateand Federal Worker's CompensationLaws. This provision shall not besubject to the grievance andarbitration process contained in

Section 21.

4. Non-Worker's Compensation Injuries andIllnesses

. a. An employee is eligible to usehis/her accrued ESL for a non-Worker's Compensation injury orillness when he/she has exhaustedaccrued PDL and remains unableto return to work after an absence

of ten (10) consecutive days ofunpaid leave or has exhaustedtwenty (20) days accrued PDLwhichever is less. The applicationfor ESL shall be automatic.

b. The Employer reserves the right tomake its own determination, basedupon an independent medicalexamination, of the ability of theemployee to return to work. The

Employer shall bear the cost ofsuch an examination.


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5. Bereavement Leave

Each regular full-time and part-time non-probationary employee shall be entitled tothree (3) days of bereavement leave and two(2) days of unpaid leave per calendar year.Such leave shall be in addition to PDL andESL. Bereavement leave will be granted dueto the death of an immediate family memberwhich is defined to include the employee'sparents, legal guardians, parents-in-law,

spouse, children, grandchildren, siblings andgrandparents, and significant other.

Section 13. Leaves of AbsenceA. Except as is otherwise expressly provided to the

contrary in other subparagraphs of this Section, thefollowing general rules shall be applicable to all leavesof absence under the provisions of paragraphs B and Cof this Section.

1. In order to be eligible to apply for a leave ofabsence an employee must have completedhis/her probationary period.

2. Except in cases of unforeseeablecircumstances, all applications for leave ofabsence or extensions thereof must besubmitted in writing to the Employer at leasttwo (2) weeks in advance and shall includethe reasons for which a leave of absence is

required together with the specific period ofleave requested.


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3. The granting of any leave of absence shall bebased on the presumption that the employeeintends to return to work upon the expirationof the leave.

4. Any employee who fails to return to work atthe end of the maximum approved leave ofabsence without having received an extensionwill be considered as having voluntarilyterminated his/her employment upon the datethe leave of absence expired, unless an

excuse satisfactory to the Employer is givenor the Employer is notified by the employeeprior to expiration of the leave that theemployee does not intend to return to work.

5. The Employer shall in good faith attempt totemporarily fill the employee's position whenthe leave of absence is of a duration of notmore than ninety (90) days and shall givepreference to qualified in-house applicantswith the most seniority.

6. When an employee returns to duty incompliance with an authorized leave ofabsence, reinstatement shall be determinedby the following provisions.

a. For medical leaves suchreinstatement shall be to the same orsimilar classification and shift (atthe same wage level and hours ofwork) in which the employee was

employed before the leave ofabsence. Reinstatement shall be inaccordance with the seniority


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standing of the employee as definedunder Section 9B. If an employee isdisplaced as a result of thisprocedure, such displacement shallbe handled in accordance withSection 9D.

b. For personal leaves, if conditionshave so changed that the Employerwould be unable to reinstate theemployee in his/her previous

classification, the Employer willreinstate him/her in a classificationas nearly comparable to the originalposition as is reasonable under thecircumstances.

7. The rights of an employee with regard to theretention and accrual of seniority while on aleave of absence are contained in Section 9,subparagraphs B(1) and B(2).

B. Personal Leave

The Employer may, at its sole discretion, grant anyemployee an unpaid leave of absence for ninety (90)calendar days or less. The Employer shall alsoconsider individual employee requests for leaves ofgreater than ninety (90) days on a case by case basis.The Employer may require up to four (4) working daysnotice prior to an early return. During a personalleave, the Employer shall pay the premiums for anyinsurance programs maintained pursuant to this

Agreement only for the balance of the month in whichleave commenced or for fourteen (14) calendar days,whichever is longer. Should an employee wish to


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continue coverage under such insurance programs,he/she shall have the responsibility to pay the requiredpremiums in advance, subject to conditions establishedby the insurance carriers.

C. Medical Leave

The Employer shall grant an employee an unpaidmedical leave for a period of time not to exceed six (6)months. Any request for medical leave must beaccompanied by a physician's statement that the

employee is or will be disabled from working, thenature of such disability, and the estimated date ofreturn. The Employer shall at its expense request asecond medical opinion regarding the employee'sdisability. An employee shall not return to work untilthe Employer is furnished with a statement from theemployee's physician that the employee is able toresume the normal duties of his/her job. TheEmployer shall require a physical examination by theEmployer's physician and up to seven (7) days noticeprior to an early return. The Employer will continue to

provide insurance coverage to the employee only forthe balance of the month in which the leavecommenced plus two months following after which theemployee shall at his/her expense and subject to anyconditions that might be established by the insurer,bear the entire cost of continuing such coverage. Anyemployee on medical leave shall, upon request, utilizeaccrued PDL or ESL during the period of his/hermedical leave.

D. Maternity Leave

Maximum leave is six (6) months. An employee onmaternity leave is guaranteed a return to the same or


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similar position for the period stipulated as disabilityby the attending physician up to four (4) months ofleave, unless the job ceases to exist because oflegitimate business reasons unrelated to employee'spregnancy disability leave, in accordance withCalifornia law. Any additional time taken notstipulated as disability up to six (6) months isconsidered a personal leave of absence and subject tothe rules for personal leaves.

Additional PDL and ESL (in that order) may be used

(and integrated with SDI) for the portion of theabsence due to pregnancy which is certified by theemployee's physician to be a period of disability. PDLand ESL may be used in accordance with provisions inthe contract in Section 12. Pregnancy will be coveredby ESL on the same basis as any other disability.

E. It is expected that an employee must be in an activepay status and working continuously in order to earnPDL and ESL benefits. If an employee goes on aleave of absence, the accrual of PDL and ESL shall be

governed in accordance with the provisions of Section12, subparagraphs A(2)(d) and B(2)(c).

F. The Employer will comply with the provisions of theState and Federal Family Medical Leave Acts.

G. The Employer will comply with the provisions of theAmericans with Disabilities Act.

Section 14. Jury LeaveIf an employee is required by law to serve jury duty, he/she shallso notify the Employer as soon as possible and in any event no


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later than (2) working days prior to jury service. An employeeserving jury duty will be paid his/her regular straight time rate ofpay, up to eight (8) hours per day, less any pay he/she may receiveon jury duty, for all hours required for jury duty which occurredduring his/her regular shift. Any employee who is assigned to p.m.or night shift duty shall not be required to work a shift inproportion to the number of hours spent on jury duty on the workday immediately prior to the shift. The payment for jury duty shallnot exceed four hundred (400) hours pay in any twelve (12) monthperiod. A note or voucher from the Court in which an employeeserves must be furnished to the Employer to obtain any pay that is

owed.

Section 15. TrainingA. Training Committee

There shall be an eight (8) member TrainingCommittee consisting of four (4) Unionrepresentatives and four (4) Employer representatives.The Union representatives shall include one (1)

LVN/LPT, one (1) clinical staff, and two (2) Unit Aemployees and the Employer representatives shallinclude one (1) staff development coordinator, one (1)administration employee, one (1) clinical staffemployee and one (1) personnel employee. The dutiesof the Committee shall be to approve the disbursementof all tuition reimbursement funds and to advise theAdministrator on continuing education, clinicalsupervision, clinical consultation and tuitionreimbursement. The Committee shall meet monthly oras needed and the Union representatives on the

Committee shall be in paid status during meetings.


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B. Continuing Education

1. All employees other than LicensedVocational Nurses (LVNs) and LicensedPsychiatric Technicians (LPTs) will begranted release time with pay of up three (3)days (24 hours) per year to attend workrelated courses. Requests must be approvedin advance by the employees supervisor atleast thirty (30) days in advance of the class.

2. LVNs and LPTs will be granted release timewith pay of up to three (3) days (24 hours)per year to attend courses necessary for re-licensure. Additionally, the Employer willpay customary registration or course fees upto a maximum of $200.00 per year. Requestsmust be approved in advance by theemployees supervisor at least thirty (30)days in advance of the class.

3. Home study courses taken by LVNs and

LPTs shall be eligible for paid release time ineight (8) hour increments if at least six (6)continuing education units are taken and thecourse is completed within ninety (90) daysof the date of the release time.

4. The Employer will provide assault responsetraining, CPR training, and will attempt toprovide other CEU and accredited licensurecourses. Such training shall be provided atno cost to employees and shall be offered at a

Telecare facility.


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5. Staff requests will include the course nameand place.

6. Pro-Act Training will be scheduled for allnew hires and be regularly available for allemployees according to Pro Actrecommendations.

C. Tuition Reimbursement

A tuition reimbursement fund shall be established by

the Employer in the total amount of $4,000.00 perfiscal year, for the purpose of tuition and educationalexpense reimbursement for bargaining unit employeeswho take courses which are job related.Reimbursement from the funds shall be available to allbargaining unit employees in benefit status who arenot eligible for educational benefits under Section15B2.

The Facility Training Committee shall administer thefund and shall provide for the reimbursement of

employees presenting receipts for tuition, books andother educational supplies together with evidence ofsatisfactory course completion. Such reimbursementshall be subject to the following conditions:

1. The course or courses for which an employeeincurs expense and for which reimbursementwill be made must be closely related to theemployees' present or probable future workwithin the Facility; prior opinion as towhether any course meets this requirement

may be obtained from the Facility TrainingCommittee should an employee intend to


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submit it for reimbursement under thissection.

2. An employee may not exceed $1,000.00 inreimbursable expenses per fiscal year, withsuch amount to be prorated for a part-timeemployee.

3. One-forth of the total fund will be madeavailable for distribution following the end ofeach quarter in the fiscal year. If the

reimbursements made during any quarter failto exhaust the funds available for thatquarter, the excess funds will be held untilthe end of the fiscal year. If thereimbursements requested during any quarterexceed the funds available for that quarter,funds shall be distributed on a pro rata basis.Any unpaid reimbursable claims shall bereimbursed on a pro rata basis at the end ofthe fiscal year from any remaining excessfunds.

D. Clinical Supervision

Employer will guarantee supervision to assist clinicalstaff in obtaining and maintaining licensure (SocialWorkers) or registration (Occupational Therapist,Recreation Therapist, Dance Therapist, Art Therapist)as appropriate within the appropriate time frames. Theemployee has the responsibility for making a writtenrequest with the appropriate individual for supervisionand the administrator. The appropriate individual for

supervision will give a written response to the requestwithin two (2) weeks of receipt of request to theemployee and the administrator.


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New supervision beginning January 1, 1998 will onlybe provided by qualified department heads or in-housedesignees.

E. Clinical Consultation

Employer will provide clinical staff (Social Workers,Recreation Therapist, Occupational Therapist, DanceTherapist, Art Therapist) with clinical consultations byprofessionally recognized experts in all clinical skills

typically needed in the treatment of the individuals,families and groups that constitute the clientpopulation or provide this clinical consultation at thedepartment head level in-house.

F. Class B License

The Employer will pay the Class B license renewal forall positions for which a Class B license is required.

Section 16. Miscellaneous BenefitsA. Parking

The Employer shall provide parking for employeeswithout charge to them.

B. Health Examination

The Employer shall provide annual health and TBscreening required by the facility at no cost to the

employee. Any follow-up exams or test resultingfrom the annual exams shall be provided by thehospital or the employee may elect to see his/her own


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physician. The employer will contribute twenty-five($25.00) dollars toward the cost of such follow-upexamination or test upon receipt of the completedphysician statement and test results.

C. Meals

Staff meals (one per shift) shall be provided by theEmployer during normal kitchen operating hours.

D. Employees who report to duty as scheduled and no

work is available for them, shall be paid in accordancewith existing California Labor Code for reporting pay.

E. Employer shall provide and make available anEmployee Assistance Program (EAP) to allemployees represented by the memorandum ofunderstanding.

Section 17. SafetyA. It is the Employer's obligation to provide a safe work

place and working conditions. The Union willcooperate with the Employer to this end, and agreesthat employees shall comply with all reasonable safetyrules and regulations when they are made known.

B. The Employer welcomes suggestions from employeesor Union representatives which offer practical andfeasible ways of improving facility safety. Suchsuggestions may be submitted to a supervisor, theSafety Committee, or the Administrator.

C. The Employer and the Union will maintain a SafetyCommittee which will include two (2) representativesselected by the Union and two (2) representatives


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selected by the Employer. The committee will meet atleast quarterly. The committee will discuss safety andsanitation, review accidents and their cause andprevention, review rules governing safety in thefacility, and tour the facility quarterly. Unionrepresentatives will be rotated on a one year basis toinsure that all Union members are given anopportunity to participate.

D. Employees attending Safety Committee meetings willbe compensated only for time spent during regular

scheduled work hours and at their base rate of pay.Time spent at Safety Committee meetings shall beconsidered work time. When the Safety Committeemeeting is scheduled at a time when the employee isnot scheduled to work, such employee shall be allowedtime off during the same designated work day in anamount equal to the amount of time spent at the SafetyCommittee meeting.

E. The hospital shall provide full insurance protection fordrivers of hospital vehicles. Further, the hospital shall

inspect vehicles at regular intervals in order to complywith California Vehicle Code.

F. Grievances regarding the safety of work assignmentswhich cannot be resolved on the job between theemployee and his/her supervisor may be referreddirectly to the Administrator's step of the grievanceprocedure.


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Section 18. Employee Input

It is recognized that the employees and the Union, as well as thefacility and its administration, are concerned with providing thehighest quality and most effective service and client care. Anemployee or group of employees may at any time submit to theFacility Administrator, on a form agreeable to the parties,proposals for improvement in program, client care or facilityprocedures. Any such proposal shall include the problem to beremedied, the solution proposed and possible advantages if suchsolution were implemented. Such proposals will be seriously

considered by the Facility Administrator, and any employeemaking a proposal shall receive a reply within two (2) weeks.

Section 19. Personnel Documents

A. Each employee shall have the right, after submitting awritten request, to inspect and review any officialrecord relating to his/her performance as an employeeor to a grievance concerning the employee which is

kept or maintained by the Employer; such right ofinspection and review shall not apply to the records ofan employee relating to the investigation of a possiblecriminal offense or to pre-employment letters ofreference. The contents of such records shall be madeavailable to the employee for inspection and reviewduring his/her non-work times during the regularbusiness hours of the facility's administrative office.The employee's designated Union representative mayalso review the personnel file with specific writtenauthorization from the employee.


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At or before the time or placement in an officialpersonnel file, an employee shall be offered a copy ofall disciplinary notices, letters, or memorandaconcerning the employee's job performance. TheEmployer shall provide an opportunity for theemployee to respond in writing, or by personalinterview with a supervisor, to any information aboutwhich he/she disagrees. Such responses shall becomea part of the employee's permanent personnel record.

An employee shall have the right annually, between

the dates of February 1 and February 15, to petition theFacility Administrator for the removal of letters,warnings, reprimands or other documents believed tobe stale or no longer reflective of his/her jobperformance. Such petition shall be in writing andshall state the reason why removal is requested foreach document. The Facility Administrator shallrespond, in writing, to the employee's petition byFebruary 28.

B. Job descriptions for the classifications covered by this

Agreement shall be established by the Employer.Such job descriptions shall be subject to priornotification and discussion with the Union. Uponrequest of any employee, the Employer shall provideto such employee a copy and explanation of his/her jobdescription.

C. A performance review shall be completed annually bythe employee's designated supervisor or departmenthead and shall be discussed with the employee.He/she shall be given a copy of such review. An

employee who disagrees with any such review shallhave the right to attach a written response which shallbecome part of the evaluation. The employee may


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also elect to grieve the evaluation, but such grievancemay only be processed through step 2 of grievanceprocedure.

Section 20. Discipline and DischargeA. The Employer shall have the right to discharge,

suspend or otherwise discipline any employee for justcause.

B. The parties expressly agree that the Employer mayestablish and enforce House Rules governingdiscipline and efficiency. Such House Rules shall besubject to prior notification and discussion with theUnion. House Rules shall be conspicuously posted.

C. The Employer shall not transfer employees from oneclassification or shift to another and shall not alter thenormal rotation of assignments among employees in aclassification as a means of effecting discipline.

D. All past counselings, warnings, suspensions and otherdisciplinary actions that are either not in an employee'spersonnel file, or for which the employee has nonotice, shall not be used as support for anotherdisciplinary action. Employees shall receive copies ofall disciplinary items placed in their personnel files.

E. Unpaid investigatory suspensions will not exceed three(3) days. If the investigation extends beyond three (3)days the suspended employee will receiveadministrative pay from day four (4).


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Section 21. Grievance ProcedureA. Intent

In establishing the procedure hereinafter set forth, theEmployer and the Union declare their intent that eachshall make an earnest effort to settle grievancespromptly, and that each shall fully disclose allknowledge about the facts of any grievance at theearliest step. Neither the Union nor the Employer shallutilize this procedure in a manner intended to harass

the other party.

B. Definition

A grievance is defined as a statement that theemployer has violated a specific term of thisAgreement or failure to adjust a dispute concerning theterm or conditions of employment set forth herein. Agrievance may be filed by the employee and/or by theUnion in his/her behalf. Access to Step 3 must be atthe Union behest. It is understood that if the Union

does not request arbitration, the grievance isconsidered settled. Any action taken or decision madeby the Employer under the terms of this Agreement inthe exercise of its sole discretion, or following priornotification and discussion or which is described as afinal decision as these terms are defined in Section 22shall not be subject to grievance or arbitration.

C. Time Limits

Any employee may discuss his/her concern informally

with an immediate supervisor. However, a formalgrievance must be submitted in writing to the loweststep within fourteen (14) calendar days after the event


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giving rise to the grievance or it shall be void andwithout effect.

A discharge shall be given precedence over any othergrievance and shall be submitted to Step 2 belowwithin seven (7) calendar days of notice to theemployee that he/she has been discharged.

Only grievances processed in compliance with theabove time limits and those contained in the GrievanceProcedure hereinafter set forth shall be subject to

arbitration. All time periods under this Section shallbe computed by excluding the day of the act, event, ordefault from which the designated period of timebegins to run and including the last day of the periodso computed.

Failure of management to respond to any step in thegrievance procedure shall not constitute acceptance ofthe grievant's position, but allows the grievant toproceed to the next step in the grievance procedure.

Any time limit may be waived by mutual writtenagreement of both the Union and the Employer.

D. Procedure

Step 1 A formal grievance shall be submitted inwriting, on a form agreed to by the parties, tothe supervisor in accordance with Section C,Time Limits. The grievance shall be signed,dated, state the facts surrounding thegrievance, state the provision(s) of this

Agreement alleged to have been violated, andthe resolution desired. The supervisor orother designated management representative


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shall give his/her answer to the employee andSteward/member who filed the grievance, orwhen unavailable to another steward, by theend of seven (7) calendar days following thepresentation of the grievance.

Step 2 If the grievance is not settled at Step 1, it maybe advanced to Step 2 within seven (7) daysafter the supervisor's response or the date theresponse was due. Within seven (7) days ofreceiving the grievance, a meeting shall be

arranged at a mutually agreeable location andtime between the Union's representative(s)and the representative(s) of the Hospital, andan attempt shall be made by therepresentatives to settle the matter.

Within ten (10) days following such meeting,the Hospital shall give a written reply to suchgrievance.

Step 3. Arbitration

1. If such grievance has not been settledby any of the procedures describedabove, the grievance may, withinseven (7) days after receipt of the Step2 reply, at the written request of theUnion, be submitted to arbitration. Itis understood that only mattersprocessed in accordance with thisgrievance procedure are subject toarbitration.

2. As soon as possible and in any eventnot later than ten (10) calendar days


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after the Employer receives writtennotice of the Union's desire toarbitrate, the parties shall agree uponan arbitrator. If no agreement isreached within said ten (10) calendardays, a list of seven (7) arbitratorsshall be requested from the FederalMediation and Conciliation Service or,with the mutual agreement of theparties, from the State ConciliationService. The arbitrator shall be chosen

by alternately striking names until onename remains. The party who strikesthe first name shall be determined bylot. Upon selection of an arbitrator,the Union and the Employer will setthe date of the arbitration.

3. All fees and expenses of the arbitrationshall be shared equally by theEmployer and the Union, provided,however, that each party shall bear the

expense of its own presentation.Either the Employer or the Union maycall any employee as a witness and theEmployer agrees to release saidwitness from work if he/she is on duty.If an employee witness is called by theEmployer, the Employer willreimburse him/her for time lost. Ifcalled by the Union, the Union willreimburse him/her for time lost.

4. This Agreement constitutes a contractbetween the parties which shall beinterpreted and applied by the parties


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and by the arbitrator in the samemanner as any contract under the lawsof the Sate of California. No arbitratorshall render any decision or award, orfail to render any decision or awardsolely on the basis of his/her opinionas to what would be fair or equitable.The function and purpose of thearbitrator shall be to determinedisputed interpretation of termsactually found in this Agreement, or to

determine disputed facts upon whichthe application of the Agreementdepends. The arbitrator shall not havepower to alter, amend, change, add toor subtract from any of the terms ofthis Agreement, but shall determineonly whether or not there has been aviolation of this Agreement in therespect alleged in the grievance.

5. The decision of the arbitrator shall be

based solely upon the evidence, issuesand arguments presented to him/her bythe respective parties in the presenceof each other. The arbitrator shallreduce such decision to writing as soonas possible thereafter. Provision maybe made for the submission andconsideration by the arbitrator of post-hearing briefs and/or the extension ofthe time allowed for the arbitrator'sdecision by mutual agreement of the

parties.


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6. The decision of the arbitrator withinthe limits herein prescribed shall befinal and binding upon the employer,the Union, and the employees.

7. If the arbitrator finds that an employeehas been discharged without cause orlaid off contrary to the terms of thisAgreement, he/she may award backpay in an amount not to exceed onehundred fifty (150) days. All earnings

received by the employee during theperiod of discharge shall be creditedagainst back pay. In addition, theamount of any unemploymentcompensation received during theperiod of discharge shall be withheldby the Employer who shall remit sameto the appropriate state authorities tothe credit of the employee's account.The employee will provide suchevidence regarding the aforementioned

items as is required by the Employer.

8. The arbitrator shall not have power torender an award on any grievanceoccurring before the effective date, orpending after the termination date, ofthis Agreement.

9. The arbitrator may hear and determineonly one (1) grievance at a time unlessthe parties agree otherwise in writing.


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Section 22. Retained RightsA. The Employer in its sole discretion retains the

exclusive right subject to applicable conditionsrequiring prior notification and/or discussion set forthin this Agreement, to determine, modify or abolishpolicies and procedures concerning any of thefollowing: the utilization and staffing of its facilitiesthe standards of job performance and patient care; thework week, shift schedules and assignment ofindividual employees thereto; work rules and

regulations; the job classifications and the duties to beperformed by such classifications; the direction of thework force including the hiring, promotion, evaluationand assignment of employees; the retirement ofemployees for age or disability subject to theprovisions of applicable law; and the determination ofwhether, when or where there are job openings exceptas already provided for in the contract.

B. All other rights of management not expressly limitedby the clear and explicit language of this Agreement

are also expressly reserved to the Employer eventhough not enumerated above, and the expressprovisions of this Agreement constitute the onlylimitations upon the Employer's rights. The exerciseof any right reserved to management herein in aparticular manner or the non-exercise of any suchrights shall not be deemed a waiver of the Employer'sright to preclude the Employer from exercising theright in a different manner. The employer is not boundby any past practices of the Employer unless suchpractices or understandings are specifically stated in

this Agreement. (Except as stated herein.)


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C. Should the Employer propose to subcontract ortransfer to another facility of the Employer any of theservices provided by employees covered by thisAgreement, such proposal shall be subject to priornotification and discussion with the Union, pursuant tothe provisions of Section 22, subparagraph C.

Section 23. Glossary of TermsA. "Sole Discretion" shall mean that the Employer's

action in the matter or condition referred to shall notrequire prior notice to or discussion with the Union,nor shall such action be subject to grievancearbitration.

B. "Prior Notification" shall mean that prior to taking anyaction in the matter referred to, the Employer shall berequired to give the Union reasonable advance noticeof such action, but shall not be required to discuss suchaction prior to implementation, nor shall such actionbe subject to grievance or arbitration.

C. "Prior Notification and Discussion" shall mean that ifthe Employer proposes to take any action in the matterreferred to, he/she shall be required to give the Unionreasonable advance notice of intent to take such action,to meet and discuss such action with the Union and toconsider proposals the Union may make with regard tosuch action. Should the parties not agree on whetheror what manner the action shall be taken, the Employershall have the right to implement such action and theaction shall not be subject to grievance or arbitration.

D. "Final Decision" shall mean a decision of theEmployer in the matter referred to, and such decision


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is not subject to grievance or arbitration. "FinalDecision" represents "Sole Discretion" of theEmployer in personnel matters.

E. "Requiring Mutual Agreement" shall mean that anyaction in the matter referred to shall require theconcurrence, in writing, of both parties to thisAgreement.

Section 24. Entire AgreementThe parties agree that this Agreement is intended to cover allmatters affecting wages, hours, and working conditions, and that,subject to the provisions of Section 1(C), Section 6(B), Section9(F), Section 21, Section 26 and Section 27, during the term of thisAgreement neither the Employer nor the Union will be required tonegotiate on any further matters affecting these or any othersubjects not specifically set forth in this Agreement.

Section 25. Work StoppageThe Union, its members and representatives and the employees,agree that it and they will not engage in, authorized, sanction orsupport any strike, sympathy strike, slowdown, walkout orstoppage of work for any cause or dispute, regardless of whethersuch cause or dispute is or is not subject to the grievance andarbitration provision of this Agreement such as jurisdictionaldisputes and disputes involving alleged Employer unfair laborpractice. In the event of any strike, walkout, slowdown, workstoppage or threat thereof, the Union and its officers will doeverything within their power to end or avert same. The Employershall not cause or engage in any lockout of its employees during

the term of this Agreement.


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Section 26. Savings Clause

Should any federal or state law, executive order, county ordinance,or final determination or regulation of any administrative agencyor court of competent jurisdiction affect any provision of thisAgreement, the provision or provisions so affected shall beautomatically conformed to the law, executive order, ordinance,regulation, or determination and otherwise this Agreement shallcontinue in full force and effect. The parties hereto recognize thatthe Employer operates its facility pursuant to agreements with thecounty of San Mateo (the "County Agreements"). Should anyprovision of this Agreement conflict in any way with any provisionof the County Agreements, the provision or provisions affectedshall be automatically conformed to the County Agreements.Should such conformance result in the elimination or reduction ofany economic benefit previously enjoyed by the employees under aspecific provision of this Agreement, the parties shall meet for thepurpose of discussing the substitution, if possible, of sucheconomic benefit affected; such substitution shall require themutual agreement of the parties.


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Section 27. Duration and Termination

This Agreement shall remain in full force and effect fromNovember 15, 2012 to November 15, 2017 and subject to wagereopener by mutual agreement and availability of San MateoCounty funds.

For the Employer For the Union

opeiu-3-afl-cio(117)kfI:\BELMONT OFFICE\MOUS\CORDILLERAS\CORDILLERAS CONTRACT FINAL 12-2017.DOCX


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APPENDIX AON-CALL EMPLOYEES

1. DEFINITION AND COVERAGEThis appendix shall apply to employees with the employmentstatus of on-call (no benefit). An on-call employee shall be onewho works on occasional relief schedule but who is also

available on an on-call basis to work temporary, part-time orfull-time assignments on a fill-in basis. Such employees areexcluded from coverage under the following provisions of theAgreement; subject to the conditions further described herein

Section 5 Employment StatusSection 7.H. (Work Schedule)Section 8 Transfer and promotion (Except 8A, B, C

and D)Section 9 Seniority and layoff (Except 9D, E and F)Section 10 Retirement and Insurance

Section 11 Holidays (Except 11J)Section 12 Time Off with PaySection 13 Leaves of AbsenceSection 14 Jury LeaveSection 15 Training

2. CONDITIONS SPECIFIC TO ON-CALL EMPLOYEES

A. An on-call employee shall serve a probationary period of1040 hours worked. Should an on-call employee transfer toa regular full or part-time position within the same job

classification, after completion of the probationary period, aforty-five (45) day trial period shall apply from date of suchtransfer. If during this trial period the employee is not able


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to adequately perform the duties of the job, the employeewill be returned to his/her previous on-call status.

B. On-call employees shall be paid a premium of $.55 per hourworked for Unit A positions and $.75 per hour worked forLVN/LPT's in lieu of receiving insurance benefits.

C. When a regular full-time or part-time employee isreclassified to on-call in the same job classification, theemployee will retain his/her current or equivalent salarylevel and step, with the exception of MHW III, who will

retain his/her current or equivalent salary level and step asMHW II.

On-call employees may receive credit towards step increasesfor cumulative hours of 1040 satisfying six (6) monthsrequirements and 2080 satisfying one (1) year requirements.Hours may be cumulative from year to year. The stepincrease is effective the first full pay period in January orJuly of each year.

If an on-call employee obtains regular status, hours of

seniority credit toward longevity pay increments on thesalary schedule, transfer, promotion and layoff shall beretained. In addition, credit towards the benefits eligibilityperiod of ninety (90) days shall be determined on the basisof on-call hours wor