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D.11
To: Board of Supervisors
From: David Twa, County Administrator
Date: November  17, 2015
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Memoranda of Understanding with Calfornia Nurses Association

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/17/2015
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance Director (925) 335-1023
cc: Harjit S. Nahal, Assistant County Auditor     Ann Elliott, Employee Benefits Manager     Lisa Lopez, Assistant Director of Human Resources    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     November  17, 2015
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution No. 2015/439 approving the Memorandum of Understanding between Contra Costa County and the California Nurses Association, implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of August 1, 2014 through December 31, 2017.

FISCAL IMPACT:

The estimated cost of the negotiated contract between the County and the California Nurses Association is $10.5 million for calendar year 2016, $25.5 million for calendar year 2017, and $28.2 million for calendar year 2018. The total contract cost is approximately $64.2 million. The majority of employees represented by the California Nurses Association work in the hospital, which is an Enterprise Fund (Hospital Enterprise Fund 145000).   

BACKGROUND:






BACKGROUND: (CONT'D)
The California Nurses Association (CNA) began bargaining with Contra Costa County on August 8, 2014. A Tentative Agreement was reached between the County and CNA on October 29, 2015 and ratified on November 6, 2015. The resulting Memorandum of Understanding, which is attached, includes modifications to wages, retirement, health care, and other benefit changes.

  
In summary, those changes are:

  • Duration of Agreement - Section 64
    • The term of the agreement is from August 1, 2014 through December 31, 2017.
  • Definitions
    • Adds definition of Per Diem employee.
  • Association Recognition- Section 1
    • C N A is the formally recognized employee organization for the Registered Nurse Unit, Public Health Nurse Unit and Staff Nurse Unit.
  • Nurse Representatives - Section 4
    • County agrees to pay six association members release time for successor bargaining.
  • General Wages – Section 5.1
    • Effective December 1, 2015, the base rate of pay for all classifications represented by the Association will be increased by seven and one half percent (7.5%)
    • Effective July 1, 2016, the base rate of pay for all classifications represented by the Association will be increased by two and one half percent (2.5%).
    • Effective December 31, 2016, at 11:59 p.m., employees in multi-step hourly wage/salary classifications will be placed on a new ten-step hourly wage/salary ranges for their classifications with a 2.5% difference between each step. The new hourly wage/salary ranges for each classification are included in the MOU in Attachment D – 1 and D-2. The process in which employees will be placed is provided in Section 5.1- Salaries of the MOU.
    • Employees in the classification of Staff Nurse – Per Diem whose existing hourly wage rate is more than the wage rate at the top step of the new range will be placed at the top step of the new range. Such employees will be Y-Rated (frozen) at their existing hourly wage rate until such time as their existing hourly wage rate is equal to the hourly wage rate of the top step on the new ten-step hourly wage range.
    • Effective December 31, 2016, at 11:59 p.m., employees in the classifications of Advice Nurse (VWSK) and Advice Nurse II (VWTB) will be reclassified into a single new Advice Nurse (VWSN) classification.
    • Effective December 31, 2016, at 11:59 p.m., employees in the classifications of Registered Nurse- Experienced Level (VWXD) and Registered Nurse – Advanced Level (VWX4) will be reclassified into a single new Registered Nurse – Project (VWX5) classification.
    • Effective January 1, 2017, the base rate of pay for all classifications represented by the Association will be increased by three percent (3%).
    • Effective July 1, 2017, the base rate of pay for all classifications represented by the Association will be increased by three percent (3%).
  • Longevity Pay – Section 5.2
    • Adds PHN Longevity differential of 2.5% at ten years.
  • Charge Nurse Relief - Section 5.3.
    • Clarifies employees in the Registered Nurse Unit and Advice Nurse Unit are eligible for Charge Nurse Relief pay.
  • Deep Class Exception- Section 5.4
    • Section will cease to apply as of January 1, 2017 as a result of the collapsing of the Advice Nurse I/II into one classification and Registered Nurse - Experienced and Registered Nurse – Advanced into one classification.
  • Entrance Salary or Wage – Section 5.5
    • Employees will be placed at the first step of the salary or hourly wage range unless recommendation for appointment above the first step is authorized by the Director of Human Resources.
  • Anniversary Dates – Section 5.6
    • Clarifies the anniversary date for a Per Diem employee is the first day of the calendar month after the calendar month when the employee successfully completes six months of County service.
  • Increments within Range – Section 5.7
    • Employees will be reviewed annually
    • Effective January 1, 2018, employees not already at the maximum salary step shall be advanced to the next higher step in the salary range on their anniversary date.
    • Effective November 1, 2015 through December 31, 2017, employees will not be granted any salary step increases/advancements.
  • Part-Time Compensation – Section 5.8
    • Clarifies permanent part-time positions will be paid a monthly salary in the same ratio to the full-time monthly rate.
  • Payment – Section 5.17
    • Per Diem employees shall be paid on the tenth and twenty-fifth day of each month.
  • Pay Warrant Errors- Section 5.19
    • Adds language that overpayment repayment schedules shall not be longer than three times the length of time the overpayment occurred.
    • Union representation may be present at a meeting with management to discuss repayment schedule.
  • Electronic Health Records Incentive Program – Section 5.20
    • No later than February 17, 2016, for the 2015 incentive payment year, Eligible Professionals who wish to obtain Electronic Health Record incentive payment for AIU to ccLink, must register and attest to meeting EHR Incentive Program requirements.
    • Eligible Professionals who receive or apply for an Electronic Health Record incentive payment by February 17, 2106, will reassign subsequent incentive payments to the County.
    • Eligible Professionals who do not receive or apply to receive an EHR incentive payment by February 17, 2016, will reassign all EHR incentive payments to the County.
    • Beginning with the 2016 incentive payment year and each year thereafter, will reassign EHR incentive payments to the County.
  • Overtime/Continuous Shift - Section 7.4.
    • Adds overtime language for Per Diem employees. Per Diem employees are eligible to receive overtime pay for authorized work performed in excess of their designated shift. Differentials will be computed on employee’s base rate of pay.
    • Per Diems are eligible to receive continuous shift pay provided in 7.3.
  • Per Diem Differentials - Section 10.5
    • Per Diems are eligible to receive the following differentials : Evening Differential (12%), Night Differential (15%), Detention Facility Assignment Differential (10%), Emergency Department Differential (5%), Code Gray/STAT Differential (10%).
  • Christmas and New Year’s Day – Section 12.8
    • Deletes Thanksgiving Day from one of the three major holidays.
    • Employees now required to work either Christmas Day or New Year’s Day.
  • Per Diem Holiday Pay and Holiday Meal – Section 12.10
    • Per Diems scheduled to work on a holiday is entitled to receive up to eight hours of overtime.
    • Per Diems that work on Thanksgiving, Christmas or New Year’s Day will be given a meal in the hospital cafeteria.
  • Vacation Requests - Section 13.7
    • Deletes Thanksgiving from major holidays.
  • Vacation Leave Accruals – Section 13.10
    • Total Accruals for granting vacation leave will include accrued (a) vacation credits, (b) compensatory time, (c) holiday compensatory time, (d) flexible compensatory time, and € professional sabbatical leave.
  • Health, Life and Dental Care- Section 18
    • Employees will have access to CCHP Plan A & Plan B, Kaiser Permanente Plan A & Plan B, Health Net HMO Plan A and Plan B and Health Net PPO Plan A.
    • For Public Health Nurses hired after January 1, 2010, there will be no County paid subsidy for Retirement Health Coverage.
    • Medical and dental coverage during deferred retirement period is at the sole expense of the employee with no County contributions.
  • Grievance Procedure – Section 24
    • Adds fifteen work day time frame in which grievances may be appealed from Step 2 to Step 3 of the Grievance Procedure.
  • Retirement – Section 29
    • Registered Nurse Unit – The County will continue to contribute 50% of the retirement contributions normally required of employees.
    • Effective January 1, 2012, employees in classifications in the Public Health Nurse Unit are responsible for 100% of the employee’s basic retirement benefit contributions and COLA determined by CCCERA.
    • Registered Nurse Unit – New members of CCERA on or after January 1, 2013, retirement benefits are governed by PEPRA. On or after January 1, 2016 the COLA allowance will not exceed 2%.
    • PHN Unit – employees who become new members of CCCERA on or after January 1, 2013, retirement benefits will be governed by PEPRA.
    • The Association will support legislation amending the County Employees Retirement Law of 1937 to clarify that the current Tier III disability provisions apply to employees who under PEPRA, become new members of CCCERA.
  • Education Leave presented – Section 31
    • Clarifies classifications with class codes eligible to receive education leave (i.e. Registered Nurses, Advice Nurses, Family Nurse Practitioners and Public Health Nurses).
  • Deferred Compensation Plan – Special Benefit for Public Health Nurses hired after January 1, 2010 – Section 35.A.
    • Language carried over from Local One MOU.
    • The County to contribute $150 per month to employee’s account.
  • Deferred Compensation Loan Provision - Section 35.B
    • Adds language to the MOU providing the Deferred Compensation Loan Provision language adopted by the Board of Supervisors on June 26, 2012 (Resolution 2012/298).
  • Personnel Files – Section 41
    • Counseling memos will be removed from all files after two (2) years.
  • Permanent-Intermittent Employee Benefits - Section 48
    • Permanent Intermittent employees are eligible for prorated vacation and sick leave benefits based upon regular hours worked in the pay period.
    • Provide employees eligible to receive an offer of coverage from the County under the Affordable Care Act, with access to County medical plans at the full premium amount.
    • Additional special pay and benefits provided in Attachment H - Permanent Intermittent Employee Benefits.
  • Per Diem Employee/Staff Nurse Unit – Section 49
    • Provide employees eligible to receive an offer of coverage from the County under the Affordable Care Act, with access to County medical plans at the full premium amount.
    • Family and Medical Leaves to be administered in accordance with applicable state and federal laws.
    • Meal Period and Rest Break. Employees shall be entitled to a 15 minute break for each four hours of work and scheduled a thirty minute unpaid lunch period for each eight hours of work. Employees in Juvenile Hall, Detention or the CCHP Advice Nurse Unit may be assigned an eight hour shift with an on-site meal period.
    • Per Diem employees may be terminated by the Appointing Authority at any time.
    • Effective January 1, 2016, eligible employees will be enrolled in State Disability Insurance.
    • Sick leave benefits are set forth in Administrative Bulletin 411.
    • MOU sections applicable to Per Diems are provided in Attachment I – Per Diem Employee Special Pays, Benefits and other items.
  • Lunch Period/Rest Breaks – Section 51
    • Clarifies Advice Nurses assigned to work the night shift will be provided an on-site thirty minute paid meal period.
    • Nurses scheduled to work twelve hour shifts are entitled to a fifteen minute rest break during each six hour working period.
  • Family Nurse Practitioners and Public Health Nurses - Section 52
    • Deletes twenty percent “at risk time” for Family Nurse Practitioners
    • Public Health Nurses. Provides specific language regarding PHN special benefits(i.e. PSPC committee, option for thirty minute or one hour lunch break, eight week or less reassignment language, Vacation assignments).
  • Scope of Agreement - Section 58
    • The County and the Association agree that any past side letters or any other agreements not already incorporated into or attached to the MOU are deemed no longer effective.
  • Patient Care Technology Review Procedures – Section 60
    • Language to expire December 31, 2017.
  • New Technology and Staffing Ratio Dispute – Section 62
    • Language to expire December 31, 2017
  • Side Letters were updated to incorporate all of the changes made during bargaining.

CONSEQUENCE OF NEGATIVE ACTION:

Employees would be out of contract, which may cause labor issues.

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