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D.5
To: Board of Supervisors
From: David Twa, County Administrator
Date: November  6, 2018
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:   11/06/2018
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance Director (925) 335-1023
cc: Robert Campbell, County Auditor-Controller     Dianne Dinsmore, Human Resources Director    
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  6, 2018
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution No. 2018/519 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 October 1, 2018 through September 30, 2021.

FISCAL IMPACT:

The estimated cost of the negotiated contract between the County and the California Nurses Association is $6.2 million for FY 2018-19, $21.4 million for FY 2019-20, $31.0 million for FY 2020-21, and $11.7 million for July 1, 2021 through September 30, 2021. The majority of employees represented by the California Nurses Association work in the hospital and clinics, 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 December 12, 2017. A Tentative Agreement was reached between the County and CNA on October 25, 2018 and ratified on October 30, 2018. 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 October 1, 2018 through September 30, 2021.
  • Association Security - Section 2
    • Updated the Association Security language to reflect the legal changes as a result of the Janus decision and SB 866.
  • General Wages - Section 5.1
    • Effective December1, 2018, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%).
    • Effective May 1, 2019, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%).
    • Effective January 1, 2020, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%).
    • Effective January 1, 2021, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%).
  • Longevity Pay - Section 5.2
    • Adds PHN Longevity differential of 2.5% at seven years.
  • Entrance Salary or Wage (Section 5.5)
    • Allows the Association to request discussion of employees’ credit given for years of RN experience (non-grievable).
  • Four Week Schedules/Weekend Schedules (Section 6.2)
    • RNs and Family Nurse Practitioners hired on or after 1/1/19 with 20 years of experience may be granted every weekend off.
  • Compensatory Time (Section 7.2)
    • Incorporates a previous Side Letter adding call back pay to compensatory time accrual.
  • Per Diem Overtime Pay (Section 7.4)
    • Adds reference to FLSA overtime pay when applicable.
  • On-Call Duty (Section 9)
    • Increases on-call time to be paid from 1 hour of straight time for every 4 hours on on-call time to 1 hour of straight time for every 2 hours on-call.
  • Jury Duty and Witness Duty (Section 17)
    • Clarifies the definition of jury duty.
  • Health, Life and Dental Benefits (Section 18)
    • Cleans up language to reflect current practice.
    • Adds voluntary vision plan.
  • Bid Procedure (Section 21.3)
    • Allows for per diem employees to bid into permanent positions.
  • Training Reimbursement (Section 30)
    • Revises language to consistently refer to calendar year and clarify benefits.
    • Requires all employees in certain assignments to possess the Advanced Cardiac Life Support (ACLS) Certification in accordance with the Minimum Qualifications of the job descriptions and implements procedure to follow if employees do not maintain the required license.
  • Education Leave (Section 31)
    • Cleans up the language to cite to the correct classification code.
  • Mileage (Section 34)
    • Adds citation to Administrative Bulletin #204 and adds the Commuter Benefit Program.
  • Professional Performance Committees (Section 38)
    • Clarifies composition of the Inpatient Subcommittee. Allows for additional nurses to participate in Outpatient Subcommittee and clarifies composition of it.
    • Adds Public Health Nurse Professional Standards and Practices Committee (PSPC) and memorializes current PSPC practice.
  • Notice of Hires & Separations (Section 39)
    • Clarifies information the County is required to send monthly regarding new hires and separations from County employment.
  • Provisional Appointment (Section 40)
    • This section was deleted for being obsolete.
  • Length of Service Definition (Section 46)
    • Revises language to delete reference to “provisional” employees.
  • Patient Care Technology Review Procedures (Section 60)
    • Deletes sunset provision.
  • New Technology & Staffing Ratio Dispute Resolution (Section 62)
    • Deletes sunset provision.
  • Workplace Violence Prevention & Safety (New Section - replaces previous Section 40)
    • States the County and Association’s agreement that a workplace free from violence and promotes the safety of nurses is a priority. Also memorializes the workplace violence training program.
  • Attachments L
    • Creates new attachment incorporating meet and confer summary regarding public health nurse expanded roles (deletes previous attachment - Detention RN Advanced Level Pay Proposal).
  • Attachment V
    • Deletes obsolete reference to classifications effective 1/1/17; re-letters existing Attachment W to Attachment V (Per Diem Nurses Call-Office Notice)
CONSEQUENCE OF NEGATIVE ACTION:

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

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