Butte 2012 (5)

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Butte 2012 (5)

  1. 1. Memorandum of Understanding betweenButte County In-Home Supportive Services Public Authority AndCalifornia United Homecare Workers Union, AFSCME/SEIU October 1, 2009 - September 30, 2012
  2. 2. PREAMBLE ................................................................................................... 6ARTICLE 1: UNION RECOGNITION ........................................................ 6ARTICLE 2: MUTUAL RESPECT .............................................................. 7ARTICLE 3: NO DISCRIMINATION ......................................................... 7 Section A...................................................................................................... 7 Section B ...................................................................................................... 7ARTICLE 4: UNION RESPONSIBILITIES ................................................ 7 Section A: Official Representatives and Stewards ..................................... 7 Section B: Duty of Representation ............................................................. 7ARTICLE 5: CONSUMER RIGHTS ............................................................ 8 Section A: Consumer Rights ...................................................................... 8 Section B: Consumer Confidentiality. ........................................................ 8 Section C: Right To Privacy ....................................................................... 9 Section D: Consumer Representation ......................................................... 9ARTICLE 6: PUBLIC AUTHORITY RIGHTS ........................................... 9 Section A...................................................................................................... 9 Section B .................................................................................................... 10 Section C .................................................................................................... 10ARTICLE 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. 3. Section E: State Changes .......................................................................... 11ARTICLE 8: DUES DEDUCTION............................................................. 11 Section A.................................................................................................... 11 Section B .................................................................................................... 11 Section C .................................................................................................... 12 Section D.................................................................................................... 12ARTICLE 9: PAYROLL/DIRECT DEPOSIT ............................................ 12 Section A.................................................................................................... 12 Section B .................................................................................................... 12ARTICLE 10: HOURS OF WORK ............................................................ 13ARTICLE 11: WAGES ............................................................................... 13 Section A.................................................................................................... 13 Section B .................................................................................................... 13ARTICLE 12: HEALTH PLAN .................................................................. 13ARTICLE 13: RECORD OF REGISTRY SERVICES .............................. 16ARTICLE 14: TRAINING REGISTRY ORIENTATION ......................... 17 Section A.................................................................................................... 17 Section B .................................................................................................... 17 Section C .................................................................................................... 17 Section D.................................................................................................... 17 Section E .................................................................................................... 17ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,LANGUAGES .............................................................................................. 18 3
  4. 4. Section A: Bulletin Boards ....................................................................... 18 Section B: Notices .................................................................................... 18 Section C: Languages ............................................................................... 19ARTICLE 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 ...................................................... 22ARTICLE 17: LABOR-MANAGEMENT COMMITTEE......................... 22 Section A.................................................................................................... 22 Section B .................................................................................................... 23ARTICLE 18: NO INTERRUPTION OF WORK ...................................... 23 Section A.................................................................................................... 23 Section B .................................................................................................... 24ARTICLE 19: INDEMNIFICATION AND LIABILITY ........................... 24 Section A.................................................................................................... 24 Section B .................................................................................................... 24 Section C .................................................................................................... 25ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,MODIFICATION AND WAIVER .............................................................. 25 Section A: Sole and Entire Agreement ..................................................... 25 4
  5. 5. Section B: Modification............................................................................ 25 Section C: Waiver ..................................................................................... 25ARTICLE 21: TERM .................................................................................. 26 5
  6. 6. PREAMBLEThis MEMORANDUM OF UNDERSTANDING (hereinafter referred to as"Agreement") is entered into by the In-Home Supportive Services PublicAuthority 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 therelationship between the Public Authority and the employees in thisbargaining 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, andGovernment Code Section 3500 et seq. The parties also acknowledge thatthis relationship is unique, and that the Public Authority does not employ ormanage the Provider workforce in the role of a traditional employer. Theparties also acknowledge that the In-Home Supportive Services recipients(hereinafter referred to as "Consumers") remain the employers for thepurposes of hiring, firing, and supervising the work of any Providerproviding services to them.The Public Authority and the Union recognize that, due to the nature of therelationship between them and the role of that relationship in the In-HomeSupportive Services (hereinafter referred to as "IHSS") program, theimplementation of various provisions of this Agreement will require theassistance and cooperation of agencies that are not party to this Agreement.The Public Authority and the Union agree to work together in good faith inorder to secure the assistance of the appropriate entities when required bythe provisions of this Agreement. Similarly, the Union commits itself in thisAgreement to some goals that not only benefit this workforce, but are alsointended to benefit Consumers.This Agreement is entered into pursuant to the authority provided underSection 3505.1 of the Government Code and has been jointly prepared bythe parties.ARTICLE 1: UNION RECOGNITIONThe Public Authority recognizes the Union as the exclusive representative ofthe Providers. This Agreement does not apply to others affiliated with oremployed by the Public Authority, including without limitation, staff of thePublic Authority. 6
  7. 7. ARTICLE 2: MUTUAL RESPECTThe Public Authority and the Union agree that all workers andadministrators 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 DISCRIMINATIONSection AExcept as otherwise provided by law, the Public Authority and the Unionshall not discriminate in the interpretation, application or enforcement of theexpress terms of this Agreement because of sex, race, religion, color,national origin, sexual orientation, age or disability.Section BThe Public Authority and the Union shall not discriminate against anyProvider for his/her participation or non-participation in Union activities orexercising his/her rights under this Agreement.ARTICLE 4: UNION RESPONSIBILITIESSection A: Official Representatives and StewardsThe Union shall provide a current Official Representative List to the PublicAuthority Manager. The list shall include the name, title, telephone number,mailing address and e-mail address of the Unions official representatives,including stewards. The Union shall notify the Public Authority Manager ofany changes to the list. The official Union representatives and stewardsshall not be recognized by the Public Authority until such list or changes areprovided to the Public Authority Manager.Section B: Duty of RepresentationThe Union agrees that it has a duty to provide fair and non-discriminatoryrepresentation to all Providers for whom this Agreement is applicableregardless of whether they are members of the Union. 7
  8. 8. ARTICLE 5: CONSUMER RIGHTSSection A: Consumer RightsConsumers are dependent upon IHSS in order to remain safe at home. Theyhave the right to receive the services from their Provider in a caring,respectful and efficient manner free from concern that their services mightbe affected by the actions or inactions of the Public Authority, Butte County(hereinafter referred to as "County") or the Union. Providers and Unionrepresentatives will discuss any issues regarding this Agreement directlywith the Public Authority or with their Union steward, rather than withConsumers.The parties reaffirm that under State law and the County ordinanceestablishing the Public Authority, Consumers as employers have the soleand 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, phonenumber or any other personal information regarding Consumers. Unionrepresentatives and Providers shall maintain strict standards ofconfidentiality regarding Consumers and shall not disclose personalinformation obtained from whatever source, pertaining to Consumers, unlessdisclosure is compelled by legal process or otherwise authorized by law. IfConsumer information is disclosed pursuant to this Article, the Consumerand the Public Authority shall be notified of such release or disclosureimmediately 8
  9. 9. Section C: Right To PrivacyThe Union shall have no contact with either the Consumer or the Provider atthe Consumers home without the express permission of the Consumer orguardian. This Section does not apply to contact with the Provider when theProvider and the Consumer share the same residence or the Provider usesthe Consumers address/phone number as his/her contact information. Whenthe Consumer and Provider share a residence, the Union representative mayspeak with the Provider after explaining the purpose of the visit andreceiving permission from the Provider. If the address visited is theexclusive residence of the Consumer, the Union representative must alsoreceive permission from the Consumer or guardian to either (1) make anappointment at another location and/or time or (2) continue with themeeting.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 RepresentationThe parties recognize that Consumers may request accompaniment,representation and/or assistance at their assessment and reassessmentreviews with social workers, from any source. The parties also recognizethat Consumers may request representation, from any source, for any Statehearing appeals filed by the Consumer.ARTICLE 6: PUBLIC AUTHORITY RIGHTSSection AUnless otherwise expressly specified in this Agreement, the rights of thePublic Authority include, but are not limited to, the exclusive right todetermine the mission of its governing body, committees and other relatedwork groups; maintain the efficiency of its operations; determine themethods, 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 othernecessary actions to carry out its mission. 9
  10. 10. Section BThe Public Authority shall have the authority to take any necessary actionsin the case of an emergency. The Public Authority shall notify the Union ofthe nature of the emergency and of any necessary actions or changespromptly.Section CThe rights of the Public Authority set forth above are subject to compliancewith all applicable State laws and regulations.ARTICLE 7: UNION SECURITYSection A: GeneralAs a condition of continued employment, Providers must become andremain members of the Union in good standing or pay an agency fee to theUnion commencing thirty (30) calendar days after their first date ofemployment as a Provider. Such dues or agency fees shall be deducted fromthe Providers paycheck on a monthly basis.Section B: Membership in Good StandingThis means that the Provider has voluntarily chosen to join the Union and topay 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 10
  11. 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 Authoritys 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 Authoritys decision to challenge any exemption granted by the Public Authority.Section D: IndemnificationThe Union shall defend, indemnify, and hold harmless the Public Authorityand its respective board, directors, officers, agents and employees from anyand all claims; demands, suits, or any other action arising from this Articleor from the Public Authoritys compliance with any Union requests madepursuant to its efforts to collect dues and/or agency fees.Section E: State ChangesIf at any time the State makes changes to the dues deduction or payrollsystem, the Public Authority and the Union shall immediately commencenegotiations regarding those parts of this Article that may be impacted byimplementation of such changes.ARTICLE 8: DUES DEDUCTIONSection AThe Union has the exclusive privilege of the deduction of any applicabledues, fees, or assessments for all Providers covered by this Agreement.Section BThe Public Authority will advise the State Controller, as the payroll agentfor individual Providers, to deduct all authorized membership dues, feesand/or assessments as required by the Union or as voluntarily requested byProviders. The Public Authority will assist and cooperate with the Unionand the State Controller to facilitate the timely deduction of said dues, fees, 11
  12. 12. and/or assessments so that the State Controller may provide timely andaccurate reporting to the Union of all such payments made pursuant to thisAgreement. The Union will provide the Public Authority with a reporting ofthe deduction of all such dues, fees, or assessments on a monthly basis.Section CTo the extent State data-processing systems permit, the Public Authoritywill forward to the Union a list of names, addresses, telephone numbers, andsocial security numbers of all Providers who were paid in the pay period, thenumber of hours paid per month and the gross amount of their earnings, tothe extent that such disclosures are legally permitted under State and Federallaw. This information will be sent electronically, by a means mutuallyagreeable to both parties, to the Union within five (5) working days of beingreceived by the Public Authority.Section DThe Union shall defend, indemnify, and hold harmless the Public Authorityand its respective board; directors, officers, agents and employees from anyand all claims, demands, suits, or any other action alleging that the Unionhas misused or inappropriately disclosed Provider information obtainedfrom the Public Authority.ARTICLE 9: PAYROLL/DIRECT DEPOSITSection AThe Public Authority shall provide all Providers with an appropriatetelephone number at the County to call for answers to payroll questions andresolutions to problems. The Public Authority and the Union shall shareinformation on the causes and potential solutions for general payroll issuesin good faith and in a spirit of cooperative problem solving.Section BThe Public Authority and the Union agree that the direct deposit of Providerpaychecks to the financial institution of the Providers choice on a voluntarybasis is in the interest of the Provider, the Public Authority and the Union.The Public Authority and the Union agree that optional direct deposit willoccur at no cost to the Provider and/or the Public Authority. 12
  13. 13. ARTICLE 10: HOURS OF WORKThe Union and the Public Authority recognize the unique and varied needsof Consumers and that these needs do not always conform to a regular shift,work day or work schedule. Because of this, an individual Consumer willdetermine the number of Providers utilized, their schedule and hours ofwork based on the Consumers needs, within the number of authorized,IHSS hours. Consumers may require day, evening, weekend or irregularhours of care. It is understood that many Providers live with the Consumer,and that this may necessitate that Providers care for Consumers at varioushours of the day or night.ARTICLE 11: WAGESSection AWages for Providers shall be $8.20 per hour, effective the month followingratification by the Union, adoption of this Agreement by the PublicAuthority Board and approval of the rate by the State but no earlier thanMay 1, 2012.Section BThe Public Authority and the Union acknowledge that the Public Authoritypays Provider wages based upon assurances that the Federal government andthe State of California will each pay a portion of the Provider’s wage up to aspecified maximum wage. If the Federal government and/or the State ofCalifornia reduce the maximum wage for which they will pay aproportionate share below the current Provider wage rate described inSubsection A above then the Provider wage rate will be reduced to thatmaximum wage.ARTICLE 12: HEALTH PLANSection A.The Public Authority shall pay the premium payment (“Public AuthorityPremium”) directly to the currently selected health care plan on behalf ofenrolled Providers effective June 1, 2012 or as soon thereafter as ispracticable pursuant to the following: 13
  14. 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. 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. 15
  16. 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 SERVICESThe Public Authority shall establish a date of enrollment roster for Providersenrolled in the registry, to be updated and provided to the Union on aquarterly basis. Such roster shall include the name, address, social securitynumber and enrollment date of all Providers enrolled in the registry. 16
  17. 17. ARTICLE 14: TRAINING REGISTRY ORIENTATIONSection AAll new Providers requesting enrollment in the Public Authority registry arerequired to attend an unpaid registry orientation session.Section BIt is the objective of both the Union and the Public Authority that trainingprograms be provided that enrich the skills base of the Providers. ThePub1ic Authority shall seek and give consideration to the Union and theIHSS Advisory Committee for the purpose of developing and implementingtraining programs for Providers. Subjects to be considered for trainingsessions may include, but are not limited to, First Aid, CPR and payrollprocedures. Training will be voluntary (except the registry orientationsession as specified in Section A of this Article) and unpaid.Section CThe Public Authority and the Union agree to work together to exploretraining programs to the extent that the Public Authoritys budget allows orto the extent that additional funding is authorized/located for this purpose.Section DThe Public Authority encourages the Union to identify additional topics forpossible training sessions and to urge Providers to take advantage of trainingopportunities. The Union agrees to make materials provided by the PublicAuthority available at Union events.Section EA Union representative shall be allowed to attend training meetingsorganized by the Public Authority. The Public Authority encouragesfeedback on the training from all attendees, including the Union. The PublicAuthority agrees to make available to attendees materials provided by theUnion. Such materials must be approved by the Public Authority Managerin advance and shall not contain anything that may reasonably be construedas maligning the Public Authority, its staff or representatives of the PublicAuthority Board. 17
  18. 18. ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,LANGUAGESSection A: Bulletin BoardsThe Public Authority will furnish, for use of the Union, bulletin board spaceat the Public Authority office at #78 Table Mountain Blvd., Oroville. Thebulletin 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 Unions 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 theUnion. The Union agrees that notices posted on the bulletin board shall notcontain anything that may reasonably be construed as maligning the PublicAuthority, its staff, or representatives of the Public Authority Board. ThePublic Authority Manager shall have the right to remove any materials thathe/she deems objectionable.In addition, and in an effort to provide a practical means of communicatingwith the Providers located in other areas of the County, the Public Authoritywill work with the Union to identify other possible locations for the postingof Union materials, as outlined above.Section B: NoticesThe Public Authority will send Providers no less than two informationalmailings per year in which the Union may insert updates or Union notices atno additional cost to the Public Authority, provided these notices meet therequirements of Section A of this Article. The Union will provide the PublicAuthority with copies of its inserts at least five (5) days in advance of thedate of mailing or as agreed to by the parties for any particular notice. 18
  19. 19. Section C: LanguagesThe Public Authority will make available the Language Line Services tocommunicate with non-English speaking Providers, as needed.ARTICLE 16: GRIEVANCE PROCEDURESection A: DefinitionThis procedure shall be applied in resolving grievances that arise concerningthe interpretation or application of this Agreement. A grievance is definedas an allegation by a Provider, a group of Providers, the Union representinga named Provider or group of Providers, the Union in its own right or thePublic Authority that a party to this Agreement has failed to abide by theterms and conditions of this Agreement.Participation in the grievance procedure in any capacity shall be solely onthe Providers own time and shall not be treated as within any Consumersallocated service hours, or as paid time.The Union may represent the Provider(s) at any stage of the grievanceprocess.This grievance procedure shall apply exclusively to all matters that arecovered by the expressed terms of this Agreement that relate specifically towages, 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. 19
  20. 20. Section B: TimelinessA grievance shall be void unless filed in writing within thirty (30) calendardays from the date upon which the Public Authority or Union is alleged tohave violated this Agreement, or within (30) calendar days from the time thegrievant became aware of the alleged violation.Section C: Grievance Procedure StepsAll grievances shall be processed in the following manner:Prior to filing a grievance in writing, the Provider/Union and arepresentative of the Public Authority will attempt to resolve the probleminformally.Step 1 - Public Authority ManagerIf the grievance is not settled informally between the Provider/Union and thePublic Authority representative, it shall be set forth in writing and submittedto the Public Authority Manager or his/her designee.All grievances must be set forth in writing citing the alleged violation of thisAgreement, and identifying the specific Article and Section of thisAgreement that is alleged to have been violated and shall specify the remedysought. If the Union is not a party to the grievance, the Public Authorityshall notify the Union of the grievance within three (3) business days of itsfiling.The Public Authority Manager or his/her designee shall respond in writingto the grievance within ten (10) calendar days from receipt of the writtengrievance.Step 2 - Human ResourcesIf 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 HumanResources Director. 20
  21. 21. If the grievant requests a meeting with the Human Resources Director, suchmeeting with the Human Resources Director or his/her designee shall takeplace within ten (10) calendar days after receipt of the Step I writtenresponse by the Public Authority or at a time mutually agreed to by theparties. If the Union is not a party to the grievance, the Public Authorityshall notify the Union of the grievance within three (3) business days of itsfiling.The Director of Human Resources or his/her designee shall respond inwriting to the grievance within ten (10) calendar days of the receipt of thewritten grievance or from the date of the meeting with the grievant,whichever is later.Step 3 - MediationIf the grievance is not settled at Step 2, the Public Authority and the Unionshall utilize mediation to attempt to resolve the dispute at issue. The partiesshall request an impartial mediator from the California State Mediation andConciliation Service to meet with the parties to attempt to resolve thegrievance within twenty (20) calendar days after completion of Step 2, or ata 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 authorityto impose a settlement of the grievance. The mediators comments,suggestions and recommendations, if any, shall be kept confidential. Ifmutually agreed to by the parties, the mediator may be requested to preparea written report of the mediation.Step 4 - Binding ArbitrationIf no settlement is reached in Step 3, either the Public Authority or theUnion shall have the right to proceed to arbitration. In the event that thedispute proceeds to arbitration, the parties shall make a good faith effort toagree on an arbitrator. If the parities are unable to agree on an arbitratorwithin ten (10) days from receipt of the arbitration request, the parties shallrequest a list of nine (9) arbitrators from the California State Mediation andConciliation Service and shall meet to alternately strike the names from thelist of arbitrators until, through process of elimination, only one nameremains. 21
  22. 22. The arbitrator shall render a decision within thirty (30) days. The decisionof 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 thecosts of its own representation, including presentation and post-hearingbriefs, if any.Section D: Scope of Arbitration DecisionsProposals to add to or change this Agreement or to change writtenagreements supplementary hereto shall not be subject to arbitration and noproposal to modify, amend, or terminate this Agreement nor any matter orsubject arising out of or in connection with such proposals may be referredto arbitration under this Article. The arbitrator shall limit his/her decision tothe application and interpretation of the provisions of this Agreement. Thearbitrator shall have no authority to add to, delete, or alter any provisions ofthis Agreement or written agreements supplementary hereto or to establishany new terms or conditions of employment.Section E: Effect of Failure of Timely ActionIf a Provider does not present the grievance, or does not appeal the decisionrendered regarding the grievance within the time limits at any step of theprocess as set forth above, the grievance shall be considered resolved.Section F: Extension of Time PeriodsThe time periods given above for processing a grievance may be extendedby mutual agreement of the parties.ARTICLE 17: LABOR-MANAGEMENT COMMITTEESection AIn order to encourage open communication, promote harmonious relationsand resolve matters of mutual concern, the parties agree to create a Labor-Management Committee. The Committee will be governed by thefollowing: 22
  23. 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 BIdeas or suggestions to improve the IHSS program identified in the Labor-Management Committee may be referred to the IHSS Advisory Committeefor consideration.ARTICLE 18: NO INTERRUPTION OF WORKSection AThe unimpaired continuation of IHSS is of paramount importance to Countyresidents and specifically to the recipients of home care services. Therefore,neither the Union nor the Providers shall authorize, sanction, or support anystrike, slowdown or stoppage of work, or refuse to perform customaryduties. 23
  24. 24. Section BIn addition, the Public Authority shall not lock-out, or in the context of alabor dispute, prevent Providers from working and being paid for their work.This provision shall continue in full force and effect for the term of thisAgreement and for a minimum of one (1) year beyond the term of thisAgreement.ARTICLE 19: INDEMNIFICATION AND LIABILITYSection AThis Article is included for informational purposes only and consistent withthe mandate specified in County Ordinance No. 3809, adopted on February12, 2002.Section BCounty 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." 24
  25. 25. Section CThe Public Authority shall not be held liable for any action or omission ofany Provider whom the Public Authority did not list on its registry orotherwise refer to a Consumer.ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,MODIFICATION AND WAIVERSection A: Sole and Entire AgreementThis Agreement, together with any appendices and/or side letters, concludesall collective bargaining between the parties and constitutes the sole andentire agreement between the parties and supersedes any prior agreements orunderstandings, oral or written, express or implied, or practices by thePublic Authority with regard to the Providers bargaining unit.The parties acknowledge that, during the negotiations that resulted in thisAgreement, each had the unlimited right and opportunity to submitproposals with respect to any subject matter not otherwise prohibited by lawand that the agreement reached by the parties following the exercise of thatright and opportunity is set forth in this Agreement.In the event that any Article, Section or portion of this Agreement isdeclared invalid by a court of competent jurisdiction or is in contraventionof any applicable law, the remaining provisions to this Agreement shall notbe invalidated thereby and shall remain in full force and effect.Section B: ModificationNo agreement, alteration, understanding, variation, waiver or modificationof any of the provisions contained herein shall in any manner be bindingupon the parties hereto unless made and executed in writing by all partieshereto and, if required, approved by the Public Authority Board.Section C: WaiverThe waiver of or any breach of terms or conditions of this Agreement byeither party shall not constitute a precedent in the future enforcement of allits terms and provisions. 25
  26. 26. ARTICLE 21: TERMThe term of this Agreement shall commence upon its ratification by theUnion and adoption by the Public Authority Board and shall remain in fullforce and effect through September 30, 2012.Signed and entered into _________ day of ____________, 2012. UNION RATIFICATIONRatified by the California United Homecare Workers Butte Countybargaining unit on March ______, 2012.For the Public Authority: For CUHW:_________________________ _________________________Cathi Grams Gail EnnisDirector, Butte County Department Association Presidentof Employment and Social Services________________________ _________________________Jack Hughes Loretta StevensChief Negotiator Chief NegotiatorButte County IHSS Public Authority CUHWCOUNTY RATIFICATIONRatified by the Butte County IHSS Public Authority Board this_____________ day of _____________, 2012. Minute Order No. __________________________________________Steve LambertChair of the Butte County IHSS Public Authority BoardATTEST:Paul Hahn, Chief Administrative Officer andClerk of the Butte County IHSS Public Authority Board____________________________________ 26

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