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MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL 1021- GENERAL . CHAPTER AND . THE ALAMEDA COUNTY MEDICAL CENTER Aprill, 2009 to March 31, 2012 2009-2012 -1-

MEMORANDUM OF UNDERSTANDING - SEIU 1021seiu1021.org/files/2012/12/AlamedaCountyMedicalCenter_MOU_040109... · MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL 1021 AND THE ALAMEDA COUNTY

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MEMORANDUM OFUNDERSTANDING

BETWEEN SEIU LOCAL 1021- GENERAL.CHAPTER

AND

. THE ALAMEDA COUNTY MEDICAL CENTER

Aprill, 2009 to March 31, 2012

~EIULocaI1021-GenemICbapter 2009-2012-1-

Table of Contents

ARTICLE 1. RECOGNITION 5

ARTICLE 2. NO DISCRlMINATION..........•.•.•.••••••••••••••••.•••••••••..•••••••••••••••••••6

ARTICLE 3 UNION COMMUNICATION/CONTACTS•........••.•.••..•.•...•••.•.•...•.•....•.•••••• 6

SECTION 3.1 UNION SECURITy :.•.............•....•.....•.....•...•.....•.. 6

SECTION 3.2. UNION BULLETIN BOARD, MEETINGS AND ACCESS TOEMPLOYEES 9

ARTICLE 4.

ARTICLE 6.

SHOP STEWARDS•.•.....•....•...•.•..••..•.•••.........•.•....•....•............•..............•.....;10

LEAVE PROVISIONS ••..............•.•••....••.........•....•.......•....•.•.........•.•.••..•...... 17

SECTION 6.1 LEAVES OF ABSENCE ..•••..••.........•..................•••...•..••••.....•........•.•••••.••....•..17

.SECTION 6.2. HOLIDAYS ..........................•....•....•..•......•.•.•...••..••....•.•.••••..••..••••..•••••••••••.•••••• 19

. SECTION 6.3. PAID TIME OFF (PTO) LEAVE 22

SECTION 6.5. BEREAVEMENT LEAVE •.•.•.•.••.....•........•................•.....•...••.••...•..•..•......;30

SECTION 6.6. LEAVE FOR JURy DUTYOR IN ANSWER TO A SUBPOENA•....•.•31

SECTION 6.7 EDUCATIONAL LEAVES AND TIME OFF •.••.....••••••••••••••.•••••••••••••••••.•31

ARTICLE 7 PAY PRACTICE ..•••.•.•..•..........•......••...•••••••.;•..•...•........•.••.••••.••....•...;.••;•••••••.•34

SECTION 7.1 WAGES............•....•.......•.••..............·.......•..•............•.•.....••••••••..••...........•••••••••34

SECTION 7.3. OVERTIME 37

SECTION 7.5 SPECIAL PERFORMANCE PAy 40

.SECTION 8.1. HEALTH, DENTAL AND VISION PLANS••••••••••••••••.••••••••.•; 42

. SECTION 8.2. DISABILITY INSURANCE BENEFITS •••••••••••••••••••••••••••.•••••••••••••••••••••.45

SECTION 8.4. LONG-TERM DISABILITY INSURANCE POLICY 47

SEIU Local1021-Geneml Chapter 2009-2012-2-

SECTION 8.5 DEFERRED COMPENSATION 47

SECTION 8.6. EDUCATIONAL STIPENDS 48

SECTION 8.9. DEPENDENT CARE SALARY CONTRIBUTION 50

SECTION 8.10 RETIREMENT PLAN 50

ARTICLE 9

9.1.

PERSONNEL ACTIONS 50

CATEGORIES OF EMPLOYEES 50

SECTION 9.7. DISCIPLINARY ACTIONINOTICE OFTERMINATIONIPERSONNEL FILES 61

SECTION 9.8. GRIEVANCE PROCEDURE 63

ARTICLE 10 COMMITTEES 65

SECTION 10.1 PATIENT CARE COMMITTEE ........•..•••....................•.•.......................• 65

SECTION 10.2 SUBCONTRACTINGIWORK REDESIGN .•..............•.•........................• 66

SECTION 10.3 SAFETY 66

ARTICLE 13 ENACTMENT 70

ARTICLE 14 NO STRIKE, NO LOCKOUT...•............••••••••••.•..............•.•.....................•• 70

ARTICLE 15 SCOPE OF AGREEMENT 70

APPENDIX A SALARY SCHEDULES.....•.•...•..•••...........•......•.••.........•..•••••••...73

APPENDIX B Agency Shop Confidential Exclusions........•••..••.........••.••••••;••.......•86

APPENDIX C Intermittent and Services-As-Needed Classifications•.•.•••..........••.••••• 87

APPENDIX D Hours of Work - Twelve (12) Hour Shift 88

APPENDIX E DOMESTIC PARTNER DEFINED 89

APPENDIX F Waiting Periods for Flexibly Staffed Classes 90

APPENDIX G Special Pay Provisions 92

SEIU Local 1021- General Chapter 2009 - 2012-3-

SIDE LETTERS 95

INDEX 101

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MEMORANDUM OF UNDERSTANDING

BETWEEN SEIU LOCAL 1021AND

THE ALAMEDA COUNTY MEDICAL CENTER

TIDS MEMORANDUM OF UNDERSTANDING is entered into by the Alameda CountyMedical Center (hereafter "ACMC") and SEIU Local 1021(hereafter collectively referred to asthe "Union") for those employees working in representation units referred to in Article I hereof.

MUTUAL RESPECT. ACMC and the Union agree that all employees regardless ofposition,profession, or rank will treat each other with courtesy, dignity, and respect. The foregoingprinciples shall also apply in providing services to the public.

ARTICLE 1. RECOGNITION

1. ACMC recognizes SEIU Local 1021 as the exclusive bargaining representative forthe classifications listed in Appendix A and in the following bargaining units:

2. All full-time employees in classifications included in Bargaining Units IV, V, VI,VII, VIII, X, Xl, and XII, as specifically enumerated in the appendices attachedhereto;

3. All part-time employees in classifications included in Bargaining Units IV, V, VI,VII,VIII, X, Xl, lind XII, as referenced above, who are regularly scheduled to worktwo-fifths or more time per pay period provided that after August 20, 2000, newemployees who are regularly scheduled to work less than two-fifths per pay periodshall be covered by this MOU; and,

4. All services-as-needed employees included in classifications included in BargainingUnits IV, VII, VIII, X, XI, and XII, as specifically enumerated in the appendicesattached hereto, who are regularly scheduled to work two-fifths time or more perpay period provided that after August 20, 2000, new employees who are regularlyscheduled to work less than two-fifths per pay period shall be covered by thisMOU.

5. ACMC shall recognize the Union as the exclusive bargaining representative foremployees in any other classification which may be established substantially withinthe scope of the duties now included within the above-referenced classifications.When ACMC creates any such classification, it will notify the Union and meet withthe Union for the purpose of assigning the new classification to the appropriatebargaining unit. Such placement shall be by mutual consent. In case ofdisagreement, an arbitrator shall decide the matter.

6. In disputes between ACMC and the Union over the assigrnnent ofnewly createdclassifications to appropriate bargaining units, the arbitrator shall decide the matteron the following basis:

SElU Local 1021-GeneraIQhapter 2009-2012-5-

7. The arbitrator shall reject any claim by the Union to any newly createdclassification whose duties are substantially within the scope of (a) classificationswhich are supervisors or confidential employees within the meaning of the NationalLabor Relations Act or (b) classifications represented by other employeeorganizations.

8. The arbitrator shall determine any dispute over whether or not the scope ofduties ofa newly created classification is substantially within the scope of duties nowincluded within an SEID represented classification or if a newly createdclassification is without clear recent precedent in ACMC service, whether or not theduties of such classification are, in general character, similar to those within SEIUrepresented units.

9. In the resolution of disputes arising from Paragraph 5, the parties agree to select anArbitrator in compliance with Section 9.8 Paragraph 380.

ARTICLE 2. NO DISCRIMINATION

10. Discrimination Prohibited. No employee or applicant for employment shall bediscriminated against by ACMC or the Union because of his/her political orreligious opinions or affiliations or because of racial or national origin, sexualorientation and, to the extent prohibited by law, no employee shall be discriminatedagainst because of age, sex, physical disability, mental or psychological disabilities.Nor shall there be any discriminatory harassment or disparate treatment in violationofany law.

11. No Discrimination On Account Of Union Activity. Consistent with the law,neither ACMC nor the Union shall interfere with, intimidate, restrain, coerce, ordiscriminate against employees because of the exercise of rights to engage in Unionactivity.

12. WhistleblowinglRetaliation. ACMC will comply with all applicable federal, stateand local legislation that protects employees who disclose information concerningtheir employment or any aspect of the workplace.

ARTICLE 3 UNION COMMUNICATION/CONTACTS

Section 3.1 - Union Security

13. Notice Of Recognized Union. ACMC shall give a written notice to persons newlyemployed in representation unit Classifications which notice shall contain the nameand address of the employee organization recognized for such unit; the fact that theUnion is the exclusive bargaining representative for the employees unit andclassification. The Union agrees that it has a duty to provide fair and non­discriminatory representation to all employees in all classifications of the units for

SEIU Locall021-Genernl Chapter 2009-2012-6-

which this Section is applicable provided the employee pays Union dues, a servicefee or a charitable contribution.

14. Agency Shop. Except as provided otherwise in this Section, employees inrepresentation units referred to in Article I hereof, shall, as a condition ofcontinuing employment, become and remain members of the Union or shall pay tothe Union a service fee in lieu thereof. Such service fee shall be ninety-eightpercent (98%) of Union dues and initiation fees (hereinafter collectively termed"service fee") of the Union representing the employee's classification andrepresentation unit. Initiation fees shall not exceed a total of One Hundred Dollars($100.00).

IS. Implementation. Any employee hired by ACMC subject to this Memorandum ofUnderstanding shall be provided with a notice advising that ACMC has entered intoan Agency Shop agreement with the Union and that all employees subject to theMemorandum of Understanding must either join the Union, pay a service fee to theUnion, or execute a written declaration claiming a religious exemption from thisrequirement. Such notice shall include a form for the employee's signatmeauthorizing payroll deduction of Union dues or a service fee. Said employee shallhave five (5) working days following the initial date of employment to fully executethe authorization form of hislher choice and return said form to ACMC Payroll. Ifthe form is not completed properly and returned within five (5) working days, theFinance Department shall commence and continue a payroll deduction of servicefees from the regular biweekly pay warrants of such employee. The effective dateofUnion dues, service fee deductions or charitable contribution for such employeesshall be the begirming of the first (1") pay period of employment except thatinitiation fees shall be deducted in up to four (4) equal installments in successivepay periods, begirming with the first (I") pay period.

16. Membership in an SEIU local union other than the Union recognized for theemployee's representation unit and classification is permissible but will not affectthe employee's obligation to become and remain a member of the Unionrepresenting his/her unit and classification or to pay a service fee in lieu of suchmembership to such union.

17. The employee's earnings must be sufficient after other legal and requireddeductions are made to cover the amount of the dues or service fees check-offauthorized. When an employee is in a non-pay status for an entire pay period, nowithholding will be made to cover the pay period from futme earnings. In the caseof an employee who is in a non-pay status during only part of the pay period, andthe salary is not sufficient to cover the full withholding, no deduction shall bemade. In this connection, all other legal and required deductions (including healthcare deductions) have priority over union dues and service fees.

18. C.O.P.E. ACMC will honor assignment of wages to the Union's Committee onPolitical Education (C.O.P.E.) fund, when such assignments are submitted on aform agreed to by the Union and ACMC, and ACMC will remit such contributionto the Union. It is understood by all parties that such contribution will be on anindividual and voluntary basis.

SEIU Local 1021- General Chapter 2009 - 2012-7-

19. Religious Exemption. Any ACMC employee who is a member of a bona fidereligion, body or sect which has historically held conscientious objections to joiningor fmancially supporting a public employee organization and which is recognizedas such by the National Labor Relations Board, shall, upon presentation ofverification of active membership in such religion, body or sect be permitted tomake a charitable contribution equal to the service fee in lieu ofUnion membershipor service fee payment. Declarations ofor applications for religious exemption andany supporting documentation shall be forwarded to the appropriate local unionwithin fifteen (15) days of receipt by ACMC. The Union shall have fifteen (15)days after receipt of a request for religious exemption to challenge any exemptiongranted by ACMC. If challenged the deduction to the charity of the employee'schoice shall commence but shall be held in escrow pending resolution of thechallenge. Charitable contributions shall be by regular payroll deduction only. Forpurposes of this Section charitable deduction means a contribution to the Women'sRefuge, the Emergency Shelter program or the Emergency Food Bank Network.

20. Exclusion Of Employees. The Agency Shop provisions set forth in Paragraphs 14,15, 16, and 19 herein shall not apply to persons occupying positions designated asmanagement, supervisory or confidential. ACMC may designate positions asconfidential. Those positions designated as confidential upon implementation ofthis Section, as set forth in Appendix B of this Memorandum of Understanding,shall not be precedent setting for future designations of confidential positions. Ifany position designated confidential after the effective date of this Agency Shopprovision is disputed by the Union, the matter shall be decided by an arbitrator.

21. Financial Reports. SEIU Local 1021 shall submit copies of the financial reportrequired pursuant to the Labor-Management Reporting and Disclosure Act of 1959to ACMC once armually. Copies of such reports shall be available to employeessubject to the Agency Shop requirements ofthis Section at the offices of the Union.

22. Failure to file such a report within 100 days of the close of the Union's fiscal yearshall result in the termination of all agency fee deductions without jeopardy to anyemployee, until said report is filed.

23. Payroll Deductions And Payover. ACMC shall deduct Union dues or service feesand premiums for approved insurance programs from an employee's pay inconformity with State regulations. ACMC shall promptly pay over to thedesignated payee all sums so deducted. ACMC shall also periodically provide a listof all persons making charitable deductions pursuant to a religious exemptiongranted herein.

24. Hold Harmless. Unions shall indenmify and hold ACMC, its officers andemployees, harmless from any and all claims, demands, suits, or any other actionarising from the Agency Shop provisions herein. In no event shall ACMC berequired to pay from its own funds, Union dues, service fee or charitablecontributions, which the employee was obligated to pay, but failed to pay,regardless of the reasons.

25. Suspension Of Agency Fees. For the duration of any strike, sanctioned, called orsupported by Union, ACMe may suspend collection of Agency service feeswithout jeopardy to the employee.

SEIU Local102I-GeneraIChapter 2009-2012-8-

26. Waiver Of Election For Newly-Represented Employees And NewRepresentation Units. The accretion of classifications and/or employees to therepresentation units set forth in Article I of this Memorandum of Understandingshall not require an election herein for the application of this Agency Shopprovision to such classifications and/or employees. The recognition of newly­established bargaining units and the inclusion of same within Article I of thisMemorandum of Understanding shall also not require an election herein for theapplication of this Agency Shop provision to such units.

Section 3.2. Union Bulletin Board, Meetings and Access to Employees

27. Bulletin Boards. Reasonable space shall be allowed on bulletio boards as specifiedby Department Heads for use by employees and the Union to communicate withdepartmental employees. Material shall be posted upon the bulletin board space asdesignated, and not on walls, doors, file cabinets or any other place. Postedmaterial shall not be obscene, defamatory, or of a partisan political nature, nor shallit pertain to public issues which do not involve the ACMC or its relations withACMC employees. All posted material shall bear the identity of the sponsor, shallbe neatly displayed, and shall be removed when no longer timely. Where aDepartment policy permits an employee to post materials in hislher workplace forpersonal convenience, union materials shall be treated on the same basis as othermaterials so posted.

28. Use Of ACMC Facilities. ACMC facilities may be made available upon timelyapplication for use by off-duty employees and the Union. Application for such useshall be made to the management person under whose control the facility is placed.

29. Job Contacts. Any authorized representative of the Union shall have the right tocontact individual employees working within the representation unit represented byhislher organization in ACMC facilities during business hours on matters within thescope of representation, provided prior arrangements have been made for each suchcontact with the Departroent Head. The Department Head shall grant permissionfor such contact, if, in hislher judgment, it will not disrupt the business of the workunit involved. When contact on the work location is precluded by confidentiality ofrecords or of work situation, health and safety of employees or the public, or bydisturbance to others, the Department Head shall make other arrangements for acontact location removed from the work area during the same workday or thefollowing workday.

30. Meetings. Meetings of a representative of a recognized employee organization anda group of employees shall not be permitted during working hours, except asprovided herein or in Section 9.8, Grievance Procedure. The Department Headmay, upon timely application, allow meetings of a representative and/or a stewardof a recognized employee organization and a group of employees during the lunchperiod in ACMC facilities. If conducting group orientation sessions for newemployees, the Department Head shall permit a union representative or a steward tomeet with said new employees for a period not to exceed 30 minutes. A stewardwho attends an orientation session shall be permitted release time for this purpose.Such time is deducted from the release time permitted to Shop Stewards in Article

SEIU l.ocall021-GeneraIChapter 2009-2012-9-

4, Shop Stewards. No contacts shall be permitted during working hours withemployees regarding membership, collection of monies, election of officers, orother similar internal employee organization business.

31. Departmental Meetings. Unless otherwise agreed, representatives or employeesof employee organizations shall not be permitted to attend meetings or conferencescalled by departmental personnel to attend to matters arising out of the normalcourse ofdepartmental activities.

32. As used herein, departmental meetings shall not include meetings betweenmanagement and affected employees on matters mutually acknowledged to besubmitted under Section 9.8. Grievance Procedure.

33. Data To Union. ACMC shall, upon request, supply the Union with data processingruns of the names, home and office addresses and classifications of all employees inrepresented units. Such service shall be supplied at no more than cost to ACMC.

34. Personnel Manual. ACMC agrees that if a personnel manual is developed, it shallprovide at no charge to each SEIU local union, one copy of the personnel manualand any updates.

ARTICLE 4. SHOP STEWARDS

35. Purpose. ACMC recognizes the need and affirms the right of the Union todesignate shop stewards from among employees in the unit. It is agreed that theUnion in appointing such shop stewards, does so for the purpose of promoting aneffective relationship between supervisors and employees by helping to settleproblems at the lowest level ofsupervision.

36. Role Of Steward And Supervisor. The shop steward recognizes the fact that thesupervisor is the key person in the department and, as such, is responsible to highermanagement for the quality and quantity of work. As the supervisor is the keyperson for management, the shop steward is the key person for the Union. Theymust promote and maintain good morale and friendly relations and must be willingto meet in good faith to settle grievances as they arise, exercising a positiveapproach. There must be mutual respect on both sides in these relations. The shopsteward understands that hislher stewardship function does not relieve himlher fromconforming to all rules of conduct and standards ofperformance established by law,regulation, or department policy or Memorandum ofUnderstanding.

37. Selection Of Stewards. The Union shall reserve the right to designate the methodof selection of shop stewards. The Union shall notify the Department Head andLabor Relations in writing of the names of the stewards and the units theyrepresent. If a change in stewards is made, the Department Head and LaborRelations shall be advised in writing of the steward being replaced and the stewardnamed to take hislher place. The number of stewards shall be mutually agreed uponand a list of stewards shall be submitted to each department concerned.

38. Duties And Responsibilities Of Stewards. The following functions areunderstood to constitute the complete duties and responsibilities of shop stewards.

SEIU LocaI1021-GeneI1l1 Chapter 2009-2012-10-

39. Duties and Time Limits:

A. Shop Stewards Working Full Time. After obtaining supervisory permission,shop stewards employed full-time will be permitted to leave their regular work areaduring on-duty time not to exceed eight (8) hours per pay period in order to assistin the investigation of facts and assist in the presentation of a grievance or adisciplinary action.

B. Shop Stewards Working Less Than FuJI Time. After obtaining supervisorypermission, shop stewards employed two-fifths (2/5) time or more, but less thanfull time, will be permitted to leave their normal work area during on-duty time notto exceed four (4) hours per pay period in order to assist in investigation of factsand assist in presentation ofa grievance or a disciplinary action.

40. Attendance at Meetings. Shop Steward functions shall also include attendance atmeetings of the ACMC Board of Trustees, ACMC Human Resources Committee,Executive Committee or other mutually agreed upon meetings. Time forattendance at such meetings shall be deducted from the above stated release timefor shop steward activities.

41. One Steward Released to Conduct Investigation. Only one shop steward shall beentitled to release time to conduct an investigation at anyone time.

42. Permission to Investigate While on Duty. To obtain permission to investigate agrievance on on-duty time, the steward shall advise the supervisor of the grievant ofhis/her investigation of the facts and the general nature of the grievance. The shopsteward shall report such time to hislher supervisor as shop steward leave fortimekeeping purposes.

43. Discussion of Problem with Employees. The shop steward is permitted to discussthe problem with all employees immediately concerned, and, if appropriate, toattempt to achieve settlement with the supervisory personnel involved. Agencies,wards, clients, detainees and outside interested parties will not be contacted bystewards as part of the grievance process. The employee may be represented by asteward at such times as a grievance is reduced to writing.

44. If Permission is Denied. If, in the judgment of the supervisor, because of thenecessity of maintaining an adequate level of service, permission cannot be grantedimmediately to the shop steward in order to present or investigate a grievance or adisciplinary action during on-duty time, such permission shall be granted by thesupervisor no later than the next working day from the date the shop steward wasdenied permission.

45. Conduct Of Meetings. Any meeting of shop stewards and supervisors will be heldin a quiet, dignified manner. Management personnel will agree to recognize andwork with Union stewards in a conscientious effort to settle problems at the earliestpossible step ofthe grievance procedure.

46. Limitations Of Time Off. Stewards shall not be permitted time off from theirwork assignment for the purpose ofconducting general Union business.

SEIUl<>ca11021-GeneraIChapter 2009-2012-11-

47. Shop Steward Signs. Shop stewards may identify themselves by use of anappropriate sign or placard so long as the sign or placard is no larger than 4 inchesby 12 inches.

ARTICLE 5. HOURS OF WORK. SHIFTS, SCHEDULES, AND REST PERIODS

48. Work Schedule and Change Of Shift. Except for an employee in a classificationenumerated in Appendix C, ACMC shall prepare a schedule showing the hourseach employee is to work. Except under unforeseeable circumstances, ACMC shallmake every reasonable effort to assure that no employee shall have more than onechange of shift in any workweek and that the employee shall be off duty no lessthan twelve (12) hours prior to working the new shift. Except in cases ofemergency, employees at ACMC shall be given ten (10) calendar days' notice ofany change in shift schedule, program or service.

49. When any involuntary change in shift schedule is operationally required, ACMCshall select the employee with the least seniority in the same work location,classification, and department, providing the employee possesses the skills andabilities to perform the work.

50. Except in cases of emergency or unforeseeable circumstances, employees who arereassigned to a different work location shall be given ten (10) calendar days' noticeofany change in work location.

51. When any involuntary change in work location is operationally required, ACMCshall select the employee with the least seniority in the same shift, classification,and department who is scheduled to work, providing the employee possesses theskills and abilities to perform the work. .

52. Workday And Workweek. For full-time employees, the normal workday shall beeight (8) hours.

53. Flexible Schedules- ACMC may continue current flexible workweek schedules andmay agree to future requests from an individual or work group based on requestsofemployee(s) and operational needs. Elimination of a flexible work week shall notbe subject to the grievance procedure. If the employer wishes to terminate anexisting practice of flexible hours for more than one employee in a scheduling unitor group or implement a new flexible scheduling program, the Union will benotified. ACMC will meet and confer upon request of the Union.

54. Alternate Shift Assignments- At the request of either party (ACMC and SEIU),meetings can be scheduled to discuss alternate shift schedules. Any alternativeschedule will require mutual agreement.

55. For each full-time employee, the normal workweek shall be forty (40) hours, exceptas otherwise provided in this agreement. Alternate ("flexible") work schedules(such as 4 1O's or 9/80 schedules) may be established for individual employees,units, or departments through the meet and confer process.

SEIULocaI1021-GeneraIChapter 2009-2012-12-

56. For each part-time employee, the workday and/or workweek will be a proration oftime scheduled to work to the normal workweek base of forty (40) hours.

57. For services-as-needed employees, the workweek is scheduled on an as neededbasis with the workweek base being forty (40) hours.

58. Hours of Work Defined. For all non-supervisory employees, hours worked,including all hours suffered to be worked, shall include all time not under thecontrol of the employee whether such hours are worked in ACMC's work place, orin some other place where the employee is carrying out the duties ofACMC.

59. Rest Periods. No wage deduction shall be made nor time off charged againstemployees taking authorized rest periods, nor shall any right to overtime be accruedfor rest periods not taken. There is no obligation upon ACMC to provide facilitiesfor refreshments during the rest period, or for procurement thereof.

60. Each employee shall be granted a rest period of fifteen (15) minutes during eachwork period of more than three (3) hours duration; provided, however, that restperiods are not scheduled during the first or last hour of such period of work nor arethey to be taken in conjunction with lunch breaks.

61. Employer Initiated Changes in Hours of Work. Pursuant to Government CodeSection 3500, the employer has the obligation to meet and confer with the Unionregarding proposed changes to hours ofwork.

62. Voluntary Reduction Of Work Period. - Upon mutual agreement ofa full-timepermanent employee covered by this Memorandum ofUnderstanding and theExecutive-in-Charge of the affected department such employee rnayelect to reducework hours with an equal reduction in pay and paid benefits for periods ofup tothirteen (13) pay periods as follows:

63. An employee and the Executive-in-Charge of the affected department may agreethat the employee shall work a part-time work schedule of90%, 80%, 70%, 60%,or 50% in any biweekly pay period with a corresponding reduction in pay and paidbenefits as set forth in paragraph 65.

64. Employees working an approved reduced work schedule shall revert to full-timework status at the end of the agreed to period or, if the employee transfers,promotes, demotes, terminates or in any other way changes hislher status withACMC he/she shall be removed from the reduced work schedule.

65. With ten (10) calendar days advance notice, the Executive-in-Charge of the affecteddepartment may unilaterally terminate an approved reduced work schedule in theevent of an unanticipated staffmg or fiscal emergency. The determination toterminate the approved reduction shall be final and non-grievable.

66. Employees opting to reduce hours under this section, shall be deemed full-timeemployees for all purposes of this Memorandum provided that such employeesshall be entitled to paid leave accruals and health and dental plan contributions onthe same basis as part-time employees represented herein during such periods.

SEIU Local 1021- General Chapter 2009 - 2012-13-

67. Employees who reduce working hours under this section will remain on the payrollwith full-time employee status and the hours not worked as the result of thereduction shall be coded as leave without pay.

68.. Voluntary Time Off. An employee may request voluntary time off ("VTO").VTO must be approved in advance and the granting of such VTO shall be withinthe sole discretion of ACMC and its denial shall not be subject to the GrievanceProcedure in Section 9.8. VTO shall not be granted if:

A. It is intended to be a substitute for sick leave;

B. The employee works elsewhere during the VTO;

C. The employee is within the probation period.

69. Distribution of Additional Hours and/or Shifts. Effective July I, 2006, eachdepartment that finds it necessary to back fill positions shall maintain a seniority listfor part-time employees, a seniority list for services-as-needed employees, and aseniority list for fulltime employees for the purpose of distributing additional hoursas provided herein.

70. Additional hours, whether full or partial shifts, shall be offered by seniority, to theextent operationally possible, in the following order:

A. Regular part-time employees

B. Services-as-Needed (SAN) employees

C. Full-time employees in accordance with Article 7.3.

71. Such available additional hours shall only be offered up to a maximum of forty (40)hours per employee per week.

72. All available additional hours shall be offered to ACMC employees as providedherein prior to the utilization of registry or temporary agencyemployees providedthat ACMC is not contractually obligated to pay such registry or temporary agencyemployees for previously scheduled work.

73. Twelve Hour Schedules For Nursing Department. Utilization of twelve (12)hour shifts for eligible employees in the nursing department (See Appendix D) shallbe at the discretion ofthe department head or designee.

74. The twelve (12) hour position will be filled according to seniority in the unit andwill be strictly voluntary, creating an integrated eight (8) and twelve (12) hourschedule.

75. Employees participating in the twelve (12) hour shift program will committhemselves to working a twelve (12) hour shift on a continuing basis. If theemployee chooses to cease working a twelve (12) hour shift, he/she must providewritten notice to the manager. The manager will make a reasonable effort to find areplacement to convert the employee back to an eight (8) hour schedule.

SEIU Local1021-GeneralChapter 2009-2012-14-

76. Full-time participating staff will work three (3) twelve (12) hour shifts (36 hours) ina work week and be compensated for 36 hours per week and be granted benefitsequivalent to that of an employee working full-time (40 hours) in a work week.Vacation, educational leave, holiday and sick leave accruals will be equivalent tothose for full-time employees.

77. Part-time participating staff will work two (2) twelve (12) hour shifts (24 hours) ina workweek and be compensated with pay and benefits equivalent to that of anemployee working twenty-four (24) hours in a workweek.

78. Shift differentials will be calculated when actual hours are worked using thefollowing table:

7:00a.m. -3:00 p.m, (day)3:00 p.m. - 11:00 p.m. (pm)11:00 p.m. - 7:00 a.m, (night)

The shift differential rates shall be the applicable rates in Section 7.4 Paragraph217.

79. Participating staff will receive three (3) fifteen (15) minute paid breaks and one (1)thirty (30) minute unpaid meal break.

80. Full time staff working on a recognized holiday will receive one and one-half (1\1,)times the straight time of the hourly rate for each hour worked. Additionally, theywill receive twelve (12) hours banked holiday in lieu time, or by mutual agreementof the employee and the department head or designee may be compensated in cashpursuant to Section 6.2 Paragraphs 114 and 115. If the employee is observing theholiday as part of hislher seventy-two (72) hours, the value of the holiday will betwelve (12) hours. If an employee is not scheduled to work a holiday as part ofhislher thirty-six (36) hours, the value of the holiday will be twelve (12) hours. Ifthey are on paid status less than seventy-two (72) hours, the value of the holidaywill be prorated.

81. Part-time participating staff will receive holidays prorated according to their regularschedule.

82. Participating staff taking a day off in lieu of an actual holiday or a vacation day willbe paid for twelve (12) hours from the accrued holiday or vacation time. Floatingholidays are defmed as having the value of eight (8) hours for full time employees,therefore, employees would need to make up the difference with accrued vacationand/or compensatory time.

83. Part-time participating staffwill receive holidays prorated according to their regularschedule.

84. Bereavement and jury duty leaves are available to staff in twelve (12) hour shiftpositions on the same basis as regular eight (8) hour staff. Participating staff willbe entitled to three (3) twelve (12) hour shifts for bereavement leave as substitutionfor the five (5) days allowable in the current MOD.

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85. In the event that ACMC intends to terminate a twelve (12) hour shift arrangement itshall give at least forty-five (45) days written notice to the Union and to affectedemployees and, upon written request, shall meet and confer regarding such atermination,

86. Ten Hour Schedules. Utilization of ten (10) hour shifts for eligible employeesshall be at the discretion of the CNEIDepartment Manager or Designee.Represented members working a ten hour shift schedule as of the signing of this2009 MOU will remain in that schedule subject to the provisions below:

A. General Provisions. The ten (10) hour position will be filled according to seniorityin the unit and will be strictly voluntary, creating an integrated eight (8) and ten(10) hour schedule.

Employees participating in the ten (10) hour shift program will commit themselvesto working four (4) ten (10) hour shifts on a continuing basis. If the employeechooses to cease working a ten (10) hour shift, he/she must provide written noticeto the manager. The manager will make a reasonable effort to accommodate theemployee and return the employee to an eight (8) hour schedule. In the event theManager is unable to return the employee to an eight (8) hour shift, the employeemay request a transfer to a vacant position pursuant to Article 9, Section 9.2,Paragraph 323.

B. Holidays for Ten Hour Shifts.Full time staff working on a recognized holiday will receive one and one-half (I Y,)times the straight time of the hourly rate for each hour worked. Additionally, theywill receive ten (10) hours banked holiday in lieu time, or by mutual agreement ofthe employee and the CNEIDepartrnent Manager or Designee may be compensatedin cash pursuant to Article 6, Section 6.2, Paragraphs 114 and 115. If the employeeis observing the holiday as part of his/her four (4) ten (10) hour shifts, the value ofthe holiday will be ten (10) hours. If an employee is not scheduled to work aholiday as part ofhis/her four (4) ten (10) hour shifts, the value of the holiday willbe ten (10) hours. If they are on paid status less than eighty (80) hours, the value ofthe holiday will be prorated.

Participating staff taking a day off in lieu ofan actual holiday or a vacation day willbe paid for ten (10) hours from the accrued holiday or vacation time. Floatingholidays are defined as having the value of eight (8) hours for full time employees;therefore, employees would need to make up the difference with accrued vacation.

Part-time participating staff will receive holidays prorated according to theirregular schedule.

C. Bereavement and Jury Duty. Leaves are available to staff in ten (10) hour shiftpositions on the same basis as regular eight (8) hour staff Participating staff willbe entitled to four (4) ten (10) hour shifts for bereavement leave as substitution forthe five (5) days allowable in the current MOU.

D. Termination of 10 Hour Shifts.

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In the event that ACMC intends to terminate a ten (10) hour shift arrangement itshall give at least forty-five (45) days written notice to the Union and to affectedemployees and, upon written request, shall meet and confer regarding such atermination.

ARTICLE 6. LEAVE PROVISIONS

Section 6.1 Leaves of Absence

87. Leave May Not Exceed Nine Months. A leave of absence without pay may begranted by the Department Head upon the request of the employee seeking suchleave, but shall not be longer than nine months, except as hereinafter provided.

88. No Leave To Accept Outside Employment. A leave of absence without pay maynot be granted to a person accepting either private or public employment outside theservice ofACMC, except as hereinafter provided.

89. Military Leave. Every employee shall be entitled to military leaves of absence asspecified by law. The employee must present to his supervisor a copy of his/hermilitary orders that specify the dates and duration of such leave.

90. If such employee has been continuously employed by ACMC for at least one (1)year prior to the date such absence begins, he/she shall be entitled to receive paidmilitary leave as follows:

91. Paid military leave that may be granted during a fiscal year is limited to anaggregate of thirty (30) calendar days during ordered military leave, includingweekend days and travel time.

92. During the period specified in Paragraph 87 above, the employee shall be entitled toreceive pay only for those days or fractions of days which the employee would havebeen scheduled to work and would have worked but for the military leave.

93. The rate of pay shall be the same rate the employee would have received for shiftshe/she would have been scheduled to work or scheduled for paid holiday leave, hadhe/she not been on military leave.

94. In no event shall an employee be paid for time he/she would not have beenscheduled to work during said military leave.

95. Consistent with the law, an employee's seniority shall continue to accrue duringperiods spent on military leave.

96. Leave For Assignment To Special Project. An ACMC employee who is assignedto a special project, including temporary appointments to another governmentalagency or institution, may be granted a leave of absence without pay by theDepartment Head for the duration of said employee's assignment to the specialproject.

SEIU l.<>ea11021· General Chapter 2009- 2012-17-

97. Disability Leave For Other Employment. Anything in this Memorandum ofUnderstanding to the contrary notwithstanding, any person who, because ofsickness or injury, is incapable of performing his/her work or duties for ACMC butwho is nevertheless capable of performing other work or duties for an employerother than ACMC may, within the discretion of the Department Head, be granted aleave ofabsence without pay during such disability to accept such employment.

98. Personal Disability Leave. After six months from date of employment, anemployee shall be entitled to leaves of absence without pay for not more than two(2) periods aggregating to no more than ninety (90) calendar days within a twelve(12) month period upon presentation of acceptable proof of his/her personaldisability. Before such leave, the employee must have used all accrued vacation,paid sick leave or compensatory time, unless the employee is receiving accruedvacation, paid sick leave or compensatory time as a supplement to disabilityinsurance benefits under Section 8.2 of this Memorandum, in which event, theemployee shall be entitled to personal disability leave. But the employee'sentitlement to personal disability leave shall be reduced by the hourly equivalent ofthe disability insurance payment (hours of personal disability deducted per payperiod equals two (2) times the employee's weekly disability insurance entitlementdivided by the employee's normal hourly rate) provided, however, that an employeewho has exhausted paid leave balances and is receiving disability insurance onlyshall have personal disability leave deducted on a day-for-day basis. Such leavemay be extended by mutual agreement of the employee and the Department Head.

99. The Department Head may require acceptable proof of the employee's ability toreturn to work provided that the Department Head shall notify the employee inwriting of such requirement in advance. If the submitted proof is deemedunacceptable, the Department Head shall immediately notify the employee inwriting of existing deficiencies in the submitted proof.

100. Maternity Leave. Pregnant employees shall furnish their Department Heads, nolater than the fourth (4th

) month ofpregnancy, a statement of the attendingphysician that indicates the estimated date ofdelivery. A pregnant employee isentitled to a maternity leave ofup to six (6) months, the dates ofwhich are to bemutually agreed by the employee and Department Head, provided that theemployee is required to take maternity leave two (2) weeks prior to the estimateddate of delivery and continuing for two (2) weeks following the actual delivery,unless the employee's physician submits written approval, satisfactory to theDepartment Head, for the employee to work during such period. Such an employeemay elect to take accrued vacation or compensatory time or sick leave during theperiod ofmaternity leave, except that in the case ofan employee who is regularlyscheduled to work less than the normal full-time workweek for the classification,paid leave shall be granted only for those days, or fractions thereof, on which suchan employee would have been regularly scheduled to work and would have workedbut for the maternity leave. The employee shall be entitled to PTO and extendedsick leave with pay accumulated pursuant to Section 6.3 of this Memorandum ofUnderstanding.

101. Paternity And Adoptive Leave. A prospective father or adoptive parent is entitledto paternity or adoptive leave ofup to six (6) consecutive months, the dates ofwhich are to be mutually agreed by the employee and the Department Head. Such

SEIU LocaI1021-GeneI1l1 Chapter 2009-2012-18-

an employee may elect to take accrued vacation or compensating time offduringthe period ofpaternity/adoptive leave except that in the case ofan employee who isregularly scheduled to work less than the normal full-time workweek for theclassification, paid leave shall be granted only for those days, or fractions thereof,on which such an employee would have worked but for paternity/adoptive leave.The use of extended sick leave during paternity/adoptive leave shall not bepermitted to fathers or adoptive parents unless they are otherwise eligible to use itas provided in Section 6.3, Paragraph 148.

102. Leave For Participating In Examination Process. Upon forty-eight (48) hoursadvance notice by the employee to hislher supervisor, an employee shall be grantedtime off while participating in an Alameda County examination which is scheduledduring the employee's working hours, including sufficient time to permit theemployee to travel between the work place and the testing site. At their election,employees may use accrued time (vacation, float holidays) or unpaid time.Examinations for jurisdictions other than the County of Alameda are exemptedfrom this provision.

103. Leave For Participating In The Selection Or Transfer Process. Upon twenty­four (24) hours advance notice by the employee to hislher supervisor, an employeewho wishes to participate in an interview as part of an interdepartmental transferwithin ACMC shall be granted paid leave while participating in the interviewscheduled during the employee's work hours, including sufficient time to travelbetweeo the workplace and the interview site. This provision shall apply untilJanuary 10, 2002 to employees who were employed by the County of Alameda onJanuary 9, 1999, who have reinstatement rights with the County, and who areinterviewing for a County position pursuant to such rights.

104. Leave For Employment With The Union. Upon written certification from theUnion and the agreement of the Department Head, three (3) employees at anyonetime, provided there is no more than one (1) employee from anyone (1)classification or scheduling unit at anyone time, who are subject to thisMemorandum of Understanding shall be granted a leave of absence without pay fora period of up to six (6) months in a twelve (12) month period to work for Local1021. At the end of such leave the employee shall 'be returned to hislher sameclassification and Department.

105. Return To Duty. Except as otherwise required by law, an employee whoreturnsto duty in compliance with an authorized leave of absence not exceeding ninety(90) days shall be returned to the position he/she occupied at the time he/she wentout on the leave, provided the position still exists. If the employee returns beyondthe ninety (90) day period, ACMC shall make its best effort to return the employeeto the same geographical location, shift and, where there is a specialization within aclassification, to the same specialization. Questions as to whether or not ACMehas used best efforts shall not be grievable.

Section 6.2. HOLIDAYS

106. Holidays Defined. Paid Holidays shall be:

SEIU Local1021-GeneralChapter 2009-2012-19-

January 1 - New Year's Day

Third Monday in January - Dr. Martin Luther King, Jr. Birthday

Third Monday in February - Presidents' Day

Last Monday in May - Memorial Day

July 4 -Independence Day

First Monday in September - Labor Day

November 11 - Veterans' Day

Fourth Thursday in November - Thanksgiving

Day After Thanksgiving

December 25 - Christmas

107. All other days appointed by the President of the United States or the Governor ofthe State of California as a nationwide or statewide public holiday, day of fast, dayof mourning, or day of thanksgiving, provided that observance of the day as a paidholiday is approved in writing by the Board ofTrustees.

108. Two (2) floating holidays are to be scheduled by mutual agreement of the employeeand his/her Department Head and taken within the fiscal year. When a writtenrequest for a floating holiday is submitted, the Department Head shall respond inwriting within fourteen (14) calendar days or shall schedule the floating holidays asrequested by the employee. Employees hired on or after April 1 of any fiscal yearare not eligible to receive the floating holidays in that fiscal year. Less than full­time eligible employees shall be entitled to prorated floating holidays based upon aproration of the hours the employee is regularly scheduled to work.

109. Services-as-Needed employees are not entitled to the holiday benefit as set forthin Paragraph 106, 107, and 108 above.

110. "Holiday Shift" Defined - When an assigned shift overlaps two (2) calendar days,a "holiday shift" occurs when the majority of work, excluding overtime, isperformed or scheduled on the holiday.

111. Value Of A Holiday. The value of a holiday which falls during a pay period isl/1Oth of an employee's time spent in paid status during such pay period, excludingovertime. The maximum value of a holiday is eight (8) hours for a classificationnormally scheduled to work eighty (80) hours per pay period and eight (8) hoursper days. The maximum value for an employee scheduled to work ten (10) hours aday is ten (10) hours pursuant to paragraph 86 and the maximum value of a holidayfor an employee scheduled to work twelve (12) hours a day is twelve (12) hourspursuant to paragraph 73.

SEIU 1.<>caI1021- General Chapter 2009 - 2012-20-

112. Holidays To Be Observed On Work Days. In the event that January I; July 4;November 11, known as "Veterans Day"; or December 25 shall fallon a Saturday,said holiday shall be observed on the preceding Friday. In the event that any of saidholidays enumerated in this subparagraph shall fall on a Sunday, said holiday shallbe observed on the following Monday. A day proclaimed as a nationwide orstatewide public holiday, day of fast, day of mourning, or day of thanksgiving andapproved in writing by the Board of Trustees, shall be granted only to thoseemployees who are regularly scheduled to work on the day for which such holidayis proclaimed.

113. Notwithstanding the observance of holidays specified in Paragraph 112 herein, andincluding the provisions of Paragraph 98 herein, when December 25, January 1 orJuly 4 occur in the calendar year on a Saturday or Sunday and a weekend worker isscheduled on said day, the employee shall celebrate the Christmas holiday onDecember 25, the New Year's holiday on January 1 and July 4 on the actual day.

114. Holiday Compensation. For Full-Time Employees:

Holidays not worked by full-time employees shall be compensated at straight time.

In the event that any employee, by virtue of having worked a holiday, as defmed inthis section, should work longer than the normal workweek as set forth in Article 5of this Memorandum, said employee shall be compensated as provided in Article7.3 Overtime hereof.

115. For Part-time Employees

A. For part-time employees, the compensation for holidays not worked shall be atstraight time, prorated each pay period in which a holiday occurs, based upon aproration of the hours which would have been worked within the pay period, butfor the holiday, to the normal full-time period for the job classification.

B. Such an employee may, in writing, with a minimum of seven (7) calendar daysnotice to hislher Department Head elect to use accrued vacation and/orcompensatory time off to replace a decrease experienced in the employee's regularbiweekly salary due to a prorated holiday.

C. Less than full time employees shall be compensated for hours worked on holidaysdefmed herein at one and one-half (1Y:i) times the normal hourly rate.

116. For Services-As-Needed Employees:

Services-as-needed employees shall be compensated only for hours worked onholidays defined in this section at one and one-half (1Y:i) times the normal hourlyrate.

117. In-Lieu Day Off:

A. When a holiday as set forth in Paragraph 106 hereof, other than a day proclaimedby the President of the United States or the Governor of the State of California asa nationwide or statewide public holiday, day of fast, day of mourning, or day of

SEW Local 1021-General Chapter 2009 - 2012-21-

thanksgiving and approved in writing by the Board of Trustees, falls on anemployee's regularly scheduled day off, such employee may be given an in-lieuday off (a less than full-time employee will receive a prorated in-lieu day off)within twenty-six (26) pay periods to be scheduled by mutual agreement of theemployee and the Department, or the Department Head may compensate the.employee in cash pursuant to Paragraph 113.A. or Paragraph 114.A. Should anin-lieu day off not be taken within twenty-six (26) pay periods, the employeeshall be compensated in cash pursuant to Paragraph 113.A. or Paragraph 114.A.

B. When ACMC determines that it will be necessary to fill a position on a holiday,the incumbent employee shall be offered such work before it is offered to anotheremployee, provided that the holiday occurs on the incumbent employee's regularworkday. If the employee chooses to work the holiday, he/she shall receive an in­lieu day off in conjunction with hislher regularly scheduled day(s) off withintwenty-six (26) pay periods to be scheduled by mutual agreement of theemployee and the Department Head or by mutual agreement of the employee andDepartment Head the employee may be compensated in cash pursuant toParagraph 113.A. or 114.A. Should an in-lieu day off not be taken withintwenty-six (26) pay periods, the employee shall be compensated in cash pursuantto Paragraph 113.A. or 114.A.

118. Eligibility For Holiday Pay. To be eligible for holiday pay, except pay for afloating holiday, an employee must be on paid status the scheduled workday beforeand the scheduled workday after the holiday.

119. Exempt Work Situations. Time spent in study courses, seminars and meetings ofprofessional groups is exempt from the provisions ofthis section.

Section 6.3. Paid Time Off (PTO) Leave

120. Services-As-Needed employees working in classifications which are enumerated inAppendix C are excluded from the provisions of Section 6.3.

121. ACMC employees shall accrue Paid Time Off as specified below. An employeewho is regularly scheduled to work less than the regular workweek for the jobclassification shall accrue PTa leave accordingly. PTa accrual shall be proratedeach pay period based upon a proration of the regular hours paid within that payperiod to the regular full-time pay period for the job classification.

122. PTO Accrual. After completion of the applicable number of pay periods ofcontinuous employment, an employee shall accrue PTa according to the followingschedule for each full-time biweekly pay period on paid status.

oyears up to 1 year of service

1 year up to 5 years ofservice

5 years up to 12 years of service

.769 days (6.15 hours) per pay period (20 days per year)

.962 days (7.70 hours) per pay period (25 days per year)

1.154 days (9.23 hours) per pay period (30 days per year)

SEIU I.ocaII02I- General Chapter 2009-2012-22-

12 years up to 20 years of service

20 years and up

1.346 days (10.77 hours) per pay period (35 days per year)

1.539 days (12.31 hours) per pay period (40 days per year)

123. Cash Payment In Lieu OfPTO Leave.

A. Upon Separation from Employment. An employee who accrues PTO leavepursuant to Paragraph 122 and who leaves ACMC service for any reason shall bepaid at the hourly rate for unused PTO accrued to the date of his/her separation.

B. PTO Cap. Employees shall have the primary responsibility to schedule and takesufficient PTO leave to avoid reaching the PTO cap specified below. ACMCshall make every reasonable effort to accommodate written PTO leave requestssubmitted by employees which state that the purpose of such requests is to avoidreaching the PTO accrual cap.

124. Limitation on Unused Paid Time Off Leave Balances.

Maximum paid time off leave balances shall be no more than one and one halftimes the employee's paid time offaccrual rate, and shall be as follows:

20 days (160 hours)

25 days (200 hours)

30 days (240 hours)

35 days (280 hours)

40 days (320 hours)

". ~:liII!..30 days (240 hours)

38 days (304 hours)

45 days (360 hours)

53 days (424 hours)

60 days (480 hours)

125. Date"When PTO Credit Starts. PTO accrual shall begin on the first (1") day ofemployment.

126. Employees will not be permitted to accrue Paid Time Offover the cap. TheManagers shall make a reasonable effort to accommodate written leave requestssubmitted by employees which state that the purpose of such a request is to reduceaccrued Paid Time Off leave balances to avoid a downward adjustment.

127. PTO Sell Back: Effective January 15, 2007, employees may elect to convert tocash up to two (2) weeks ofPTO per fiscal year.

128. Maximum PTO Leave. An employee shall be allowed to take two (2) times his/herannual PTO accrual during any calendar year, provided that he/she has accumulatedsufficient unused PTO leave.

129. Effect Of Leave Without Pay On PTO Credit. No PTO credit shall be earnedduring the period when an employee is absent on leave without pay.

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130. Effect Of Absence On Continuous Service. Absence on authorized leave with orwithout pay, time during which a person is displaced, and time during which aperson is temporarily not employed by ACMC, if followed by reemployment withintwo (2) years, shall not be considered as an interruption of continuous service forthe purpose of this section, but the period of time such employee is absent onauthorized leave without pay is displaced or is temporarily not employed shall notbe counted in computing such years of continuous employment for the purpose ofthis section.

i3l. When PTO Leave May Be Taken. Paid leave may be granted only for those daysor fractions thereof on which an employee would have been regularly scheduled towork and would have worked but for the PTO leave.

132. PTO Seniority. An employee's seniority for PTO seniority purposes begins oncehe/she enters a PTO scheduling unit within hislher classification. Should anemployee change hislher scheduling unit and/or classification, the seniority accruedfor PTO purposes starts over. If the employee is involuntarily transferred to adiffereot PTO scheduling unit, he or she will retain hislher seniority for PTOscheduling purposes. Promotion within a flexible staffed position for purposes ofPTO seniority will not be considered a change in classification.

133. Schednling for Fnll-Time and Part-Time Employees For purposes of thissection, part-time shall be defmed as any employee who works less than the full­time workweek and at least sixteen (16) or more hours per week.

134. The department manager/designee shall post seniority lists; schedulingrequirements specific to the scheduling unit; and blank calendars for employees tosubmit three choices. This posting shall take place in January for a four (4) weekperiod. Employees can list three choices of PTO segments. Each employee, inorder of seniority, shall be granted one of the three PTO requests until everyone inthe unit has been scheduled for one PTO segment. Then the process repeats itself.

135. The department manager/designee shall approve such choices on the basis ofemployee seniority as set forth in Paragraph 132 hereof within four (4) weeks of theconclusion of the four (4) week posting period.

136. PTO requests may be submitted after the posted PTO process, and such requestsshall be approved on a first come, first serve basis. When written submission of aPTO request is required pursuant to this paragraph, the Department Head ordesignee shall respond within ten (l0) calendar days in writing or shall schedule thePTO requested by the employee.

137. PTO Leave Segments: The Department Manager or designee, at hislher discretion,may grant an employee additional segments of PTO increments of less than oneshift provided such request is submitted in advance. .

138. Personal Emergency Leave. An employee shall be allowed two (2) days in anycalendar year from hislher regular PTO allowance for unexpected emergencysituations. ACMC shall not deny a request for this leave except for reasons criticalto department operations. Such personal emergency leave shall be in segments offour (4) hours or more.

SEIU Local 1021- General Chapter 2009 - 2012-24-

139. Rate Of PTO Pay. Compensation during PTa shall be at the rate of compensationwhich such person would have been entitled to receive, including premium pay, ifin active service during such PTa period.

140. PTO Transfer. Married couples or domestic partners, employed by ACMC mayelect to transfer up to five (5) days of their accrued PTa leave balances to theirspouse or domestic partner (upon submission of an affidavit as defmed inAppendix E) per each event ofmaternity, paternity and adoption.

141. Emergency Paid Time Off Leave Defined.

As used in this section, "Emergency Paid Time Off' means non pre-approvedleave ofabsence of an employee because of any of the following: (i) anemergency illness or injury which renders him/her incapable ofperforminghislher work or duties for ACMC; (ii) a personal emergency that requires anabsence from work; and (iii), as defined in Paragraph 148, an emergency leave tocare for immediate family members or during the time reasonably necessary toarrange for care of the sick person by others, including emergency medical anddental appointments. Generally, Emergency Paid Time Off is that time called outthe same scheduled day ofwork in conformance with the HR Policy andProcedure.

142. Days Or Fractions Of Days. Paid leave may be granted only for those days orfractions thereof on which an employee would have been regularly scheduled towork and would have worked but for the sick leave.

143. Routine Medical or Dental Appointments. Routine medical or dental appointmentsof the employee or the employee's family as defined in Paragraph 148 are alegitimate use of PTa, and employees should be encouraged to have periodicmedical examinations to maintain their and their family's health. Except in anemergency, employees who wish to use PTa for routine medical/dentalappointments or for acquiring or repairing durable medical equipment shall.

A. Schedule such appointments in advance;

B. Whenever possible, schedule such appointments at the beginning or end of theshift;

C. Provide his/her supervisor with advance notice.

144. Any employee who is scheduled to work on a holiday but is unable to work due toillness or injury will receive holiday pay at straight time for the hours that werescheduled. Time will not be deducted from the employee's PTa balances. (Thisdoes not apply to disability which has been approved as industrial sick leave.Industrial sick leave provisions apply to holidays - scheduled but not worked - asthough they were any work day.)

145. Emergency Paid Time Off Review. No employee shall be placed on EmergencyPaid Time Off review unless he/she has first received an oral warning that his/herindividual attendance record requires improvement, followed by a written

SElU Local 1021- General Chapter 2009 - 20 12-25-

confirmation, The evaluation of an employee's attendance shall not be based onabsences covered by Workers' Compensation, FMLA or other legally prohibitedbases. Upon request, an employee shall be given a profile documenting hislherattendance record. If an employee is placed on Emergency Paid Time Off review,he/she is to be provided with a written statement explaining the reason and thelength oftime his/her attendance is to be monitored.

146. Medical Report. The Department Bead, as a condition of granting EmergencyPTO with pay, may require medical evidence of sickness or injury in the form of astatement from an employee's physician acceptable to the department when theemployee is absent for more than three (3) consecutive working days or when the

. department head determines within his/her discretion that there are indications ofexcessive use of Emergency PTO leave or Emergency PTO leave abuse.

147. A diagnosis is not required as medical evidence of sickness or injury unless it isreasonable to believe that the employee's condition may endanger the health orsafety of other employees and/or the public.

148. Use of Paid Time Off for Sick Family Members. Emergency Leave - Sicknessin Immediate Family. A leave of absence with pay because of sickness or injury inthe innnediate family of a person in ACMC service shall be granted by theDepartment Bead for up to ten (10) days per calendar year to care for innnediatefamily members or during the time reasonably necessary to arrange for care of thesick person by others, including emergency medical and dental appointments butnot to exceed the amount of time which the person would be authorized for PaidTime Off in Paragraph 122. Time taken for leave of absence under the provisionsof this Paragraph shall be deducted from the PTO leave allowable for such person.For the purpose of this Paragraph, "immediate family" means, mother, stepmother,father, stepfather, husband, wife, domestic partner (as defmed in Appendix E), son,step-son, daughter, step-daughter, grandmother, grandfather, foster parent.-fosterchild, mother-in-law, father-in-law, or any other person sharing the relationship inloco parentis; and, when living in the household of the employee, brother, sister,brother-in-law, sister-in-law.

149. Extended Sick Leave

A. Each employee will accrue 3 days (.92 hours per pay period) extended sick leave peryear.

B. An employee's accrued sick leave on the date of ratification of this memorandum ofunderstanding, will transfer to an extended sick leave bank.

C. Extended sick leave may be used for periods of illness that exceed two (2) weeks.The first two (2) weeks of such an illness will be covered by PTa.

150. Transition

Effective with ratification of the MOD, all vacation on the books will be convertedto Paid Time Off leave subject to the caps in paragraph 124. Thereafter, Paid TimeOff will be accrued pursuant to paragraph 121. ACMC employees who aremembers of the Alameda County Employees' Retirement System and who retire,

SEIU Local 1021- General Chapter 2009 - 2012-26-

shall be credited for fifty percent (50%) of this bank of unused extended sick leaveaccrued as of the date of their retirement, up to a maximum credit of 62.5 days.

151. Industrial Sick Leave Supplement. If an employee is incapacitated by sickness orinjury received in the course of his/her employment by the ACMC, such employeeshall be entitled to pay as provided herein.

152. Amount and Duration of Payment. Full-time employees shall be entitled toreceive supplemental industrial sick leave wage continuation commencing with thefourth (4th

) calendar day of the incapacity except in cases where the employee isincapacitated for more than fourteen days or hospitalized, paid leave starts on thefirst day of incapacity. The industrial sick leave wage continuation shall be equal tothe difference between 70% of his/her regular or base salary including differentials,footnotes and the amount of any Worker's Compensation temporary disabilitypayments to which such employee is entitled during such incapacity. This periodshall not exceed one hundred eighty (180) calendar days from the date of sicknessor injury resulting in the disability. Net regular or base salary shall be defined as theaverage of the preceding four (4) pay periods resulting in the incapacity. Followingone hundred eighty (180) calendar days, accrued sick leave may be granted tosupplement temporary disability payments to provide the disabled employee up tono more than the net regular or base salary ( as defined above) received at the timeof the injury.

153. Part-time Employees. Paragraph 152 above applies to part-time employees, butshall be on a prorated basis.

154. On the Job Assanlt. In the event that the employee is injured as a result of assaulton the employee's person, the industrial supplemental pay period shall not exceedone (I) calendar year from the date of injury. Assault shall be defined as a physicalattack upon the person of the employee that results in the actual physical injury tothe body of the employee. The injury must be certified by a medical professionalafter a physical examination of the employee.

155. When Payments Sball be Denied. Payments shall not be made pursuant toParagraph 152 to an employee:

A. Who does not apply for or who does not receive temporary disability benefits underthe Worker's Compensation Law;

B. Whose injury or ilIness has become permanent, and stationary;

C. Whose injury or illness, although continuing to show improvement, is unlikely toimprove sufficiently to permit the employee to return to work in his/her usual andcustomary position, and the employee has been declared a "Qualified InjuredWorker" (QIW) and referred to vocational rehabilitation;

D. Who is retired on permanent disability and/or disability retirement pension;

E. Who unreasonably refuses to accept other ACMC employment for which he/she isnot substantially disabled;

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F. Whose injury or illness is the result of failure to observe ACMC health or safetyregulations or the commission of a criminal offense;

G. Whose injury or illness has been aggravated or delayed in healing by reasons of thefailure of the employee to have received medical treatment or to have followedmedical advice, except where such treatment or advice has not been sought orfollowed by reason of the religious beliefs ofthe employee; and,

H: Whose injury or illness is a recurrence or re-injury of an earlier job-related injuryor illness, or is contributed to by a susceptibility or predisposition to such injury orillness related to an earlier job-related injury or illness.

156. Fringe Benefit Entitlement During Industrial Injury Leave. Employeesreceiving Workers' Compensation temporary disability benefits and supplementingsuch payments with accrued paid leave or Workers Compensation SupplementalLeave shall maintain and accrue all benefits to which they are entitled under thisMemorandum of Understanding at 100% of their regularly scheduled biweeklyhours inunediately preceding an industrial illness or injury.

157. Leave for Medical Treatment. Employees with an approved Workers'Compensation claim who have returned to work and are required by their physicianto undergo therapy diagnostic tests or treatment due to an industrial injury/illnessshall receive Industrial Leave with pay under the following conditions:

A. Treatments are being paid under Workers' Compensation;

B. The therapy diagnostic tests or treatment falls within the employee's normalworking hours;

C. The leave applies only to the actual treatment time and reasonable travel time not toexceed 30 minutes to and 30 minutes from the medical facility. Such leave shall begranted for up to six (6) months following date of injury or original return to workdate whichever is later but shall not be granted once an employee has been declaredpermanent and stationary. In no event shall leave under this subsection and theemployee's actual work time exceed the employee's normally scheduled workday.

158. Services-As-Needed: Employees in classes designated Services-As-Needed or bythe letter N who are absent from work due to an industrial injury or illness, who hsdbeen receiving health and dental benefits, and who would otherwise have workedand continued to received such benefits but for the industrial illness or injury, shallcontinue to be eligible to receive health and dental benefits at the same level as setforth in Section 8.1. Employees hired in SAN classifications after July 1, 2005 shallnot be eligible for Supplemental Worker's Compensation benefits.

159. Modified Duty Program. ACMC will exercise its best efforts to provide anassignment to workers with temporary injuries who are capable of performingmodified duties for a period of up to ninety (90) days. If the employee's conditionis improving per the employee's workers compensation doctor and is able todemonstrate that improvement relative to the expectations of the usual job duties,the modified duty shall be extended up to an additional ninety (90) days.

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160. Modification to Worker's Compensation System: ACMC agrees to meet with theUnion to investigate and evaluate the following:

A. Establishment of a Worker's Compensation Carve Out plan pursuant to SB 899;

B. Establishment ofan Alternate Dispute Resolution process;

C. Establishment ofa comprehensive Return to Work Policy;

D. Establishment ofJoint Safety Committees at all facilities; and

E. Joint development of a Safety Plan for all facilities.

ACMC proposes to meet with all Unions representing employees at ACMC and todevelop new processes for all employees. Meeting will begin within thirty (30)days of the adoption of this Agreement by the Board of Trustees.

Section 6.4. Catastrophic Sick Leave Program

161. An employee may be eligible to receive donations of paid leave to be included inthe employee's PTO or extended sick leave balance if shelhe has suffered acatastrophic illness or injury which prevents the employee from being able to workand if he/she has passed the probation period. Catastrophic illness or injury isdefined as a critical medical condition considered to be terminal, or a long termmajor physical impairment or disability.

162. Eligibility:

A. The recipient employee, the family of the recipient employee, or other persondesignated in writing by the recipient employee must submit a request to theACMC Human Resources Department.

B. The recipient employee is not eligible so long as he/she has paid leaves available;however, the request may be initiated prior to the anticipated date leave balanceswill be exhausted.

C. A medical verification including diagnosis and prognosis must be provided byrecipient employee.

D. A recipient employee is eligible to receive up to one hundred eighty (180)working days ofdonated time per employment.

E. Donations shall be made in full day increments for full-time employees, and inincrements equal to half a full-time shift for less than full-time employees..Employees may donate unlimited amounts of time. All donations areirrevocable. (Employees with PTO balances that exceed the amount that can bepaid off, may donate unlimited amounts of PTO to an ACMC catastrophic sickleave pool).

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F. The donor employee may donate PTO, compensatory time or in lieu holiday timewhich shall be converted to recipient employee's extended sick leave balance andall extended sick leave provisions will apply. Time donated in any pay periodmay be used in the following pay periods. No retroactive donations will bepermitted.

G. The donor's hourly value will be converted to the recipient's hourly value andthen added to the recipient's extended sick leave balance on a dollar-for-dollarbasis.

H. The recipient employee's entitlement to personal disability leave will be reducedby the number ofhours added to the recipient's extended sick leave balance.

I. The determination of the employee's eligibility for Catastrophic Sick Leavedonation shall be at ACMC's sole discretion and shall be final and non-grievable.

J. Recipient employees who are able to work but are working less than their regularschedule will integrate Catastrophic Sick Leave donations with time worked andtheir own paid leaves, which must be used first, not to exceed 100% of theemployee's gross salary.

Section 6.5. Bereavement Leave

163. Leave of absence with pay because of death in the immediate family of a regularlyscheduled ACMC employee may be granted by the Department Head for a periodof up to five (5) days. For purpose of this section, "immediate family" meansmother, stepmother, father, stepfather, husband, wife, domestic partner, (uponsubmission of an affidavit as defined in Appendix E), son, stepson, daughter,stepdaughter, grandparent, grandchild, brother, sister, foster parent, foster child,mother-in-law and father-in-law, or any other person sharing the relationship inloco parents; and, when living in the household ofthe employee, a brother-in-law orsister-in-law.

164. Entitlement to a leave of absence under this section shall be only for all hours theemployee would have been scheduled to work for those days granted, and shall bein addition to any other entitlement for PTO, extended sick leave, emergency leave,or any other leave.

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Section 6.6. Leave for Jury Duty or in Answer to a Subpoena

165. Compensation. Compensation for any employee regularly scheduled to work lessthan the regular work week shall be prorated within a pay period in which leave isgranted, based upon a proration of the hours which would have been worked duringthe pay period but for the leave to the regular full-time pay period for the jobclassification.

166. Afternoon/Evening, Saturday/Sunday Schedules. Any employee assigned anafternoon or evening shift shall be entitled to equal time off as leave with pay fromhislher next regularly scheduled shift for all time spent serving on jury duty, oranswering a subpoena as a witness and for traveling to and from court.

167. Any employee who is regularly assigned to a schedule which includes workingSaturday and Sunday, who serves on jury duty on hislher entire two (2) scheduleddays off during the previous Monday through Friday, shall be allowed the option tocontact hislher supervisor and schedule hislher next regular work day as vacation orcompensatory time.

168. Travel Time. Sufficient paid leave shall be granted to permit an employee to travelbetween the work place and the court, while serving on jury duty or in answer to asubpoena as a witness.

169. Reporting To Work IfExcused. When an employee is excused from jury duty orfrom answering a subpoena as a witness in time to report for at least one-half (Y2)hislher regularly scheduled shift, the employee shall report to duty and jury dutypay under this section shall be reduced accordingly. If the employee fails to reportas set forth herein, helshe shall be docked for the balance of the day.

170. Standby Jury Duty. Employees shall apply for standby jury duty if the courtpermits this option. An employee whose work assignment precludes participationin the standby jury duty shall be exempted from this requirement, provided thatACMC may adjust an employee's work assignment to permit the employee to applyfor standby duty.

171. Witnesses. Employees who are subpoenaed to be a witness on behalf of ACMC ina civil or criminal trial shall receive paid release time for such service based ontheir regular schedule.

172. Fees Payable To ACMC. Any jury or witness fee awarded to such person, lessreimbursement for mileage, shall be made payable to ACMC.

Section 6.7 Educational Leaves and Time Off

173. Unpaid Educational Leave. A leave of absence without pay may be granted bythe Department Head upon the request of the employee seeking such leave for the

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purpose of education, but no one such leave of absence shall exceed a period of one(I) year.

174. Paid Educational Leave ("Education Leave")

175. Eligibility. Employees in the following classifications who are regular full-time orpart-time with more than three (3) months of continuous service are eligible forpaid educational leave.

AudiologistClinical Laboratory Scientist I, II, and IIIMicrobiologistSeniorMicrobiologistDentalHygienistPharmacistDietician I and IINutritionistLicensedVocationalNurseNursing AssistantPulmonaryFunction TherapistSurgical Attendants licensedas Vocational NursesMental Health Specialists licensed as VocationalNursesAll ImagingClassificationsMedieal AssistantLab Assistant

Occupational TherapistPhysical TherapistSpeech TherapistOT AssistantPT AssistantOR TechAll Respiratory Therapy ClassificationsCentral Supply TechnicianClinical PsychologistAcupuncturistPsychiatric Social Worker I and IIMarriage, Family and Child Counselor [ and IIMSWI and II

RehabCounselorI andIIPsychiatric TechnicianLaboratory Technician

176. ACMC will meet with the Union once a year in January to discuss the inclusion ofadditional classifications or to increase hours for classifications above, providedsuch classifications are mandated by State law or regulation to complete acontinuing education requirement to maintain licensure or certification.

177. In addition, ACMC and SEIU will also meet to consider providing educationalleave for additional classifications or to add educational leave hours to aboveclassifications for career development opportunities to encourage ACMCemployees to promote to higher classifications within their job series.

178. Such annual additions, ifany, shall be by mutual agreement.

179. During the term of this Agreement, employees within the Nutrition Assistantclassification shall be entitled to utilize up to forty (40) hours of education leave forthe purposes of obtaining certification as a Dietetic Technician.

180. Amount of Education Leave. Eligible employees shall receive up to forty (40)hours of Education Leave over a two (2) fiscal year period, prorated for part-timeemployees. Payment for such Education Leave shall be at the employee's straighttime hourly rate. ACMC may substitute on an hour-for-hour basis accreditedmandated training offered by ACMC.

181. Approval. ACMC will consider applications for Education Leave provided:

A. The courses, workshops or seminars relate to the employee's profession orcertification in an area of practice within ACMC and there is a direct benefit to

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the employee in maintaining or improving hislher skills in hislher currentposition; and

B. The employee provides a copy of the continuing education certificate, orverification of attendance for such courses, workshops or seminars prior topayment for Education Leave; and

C. Such Education Leave does not unreasonably interfere with staffing requirementsor patient care; and

D. A written request is received at least four (4) weeks prior to the commencementof the class for which the Education Leave is to be taken.

182. Home Study. An employee may elect to utilize up to sixteen (16) hours ofEducation Leave for the purpose of home study. The home study course must meetthe following and all other criteria established for paid Education Leave.

A. All home study must be approved prior to starting the course.

B. The course announcement must accompany the request for approval.

C. Employees will receive payment for Education Leave upon presentation ofproofofcompletion ofa course.

D. For calculation of time, one (1) continuing education contact hour will be equal toone (1) hour of Education Leave.

E. Home study time will not be counted for overtime purposes.

183. ACMC Required Course. IfACMC requires an employee to attend an educationaltraining program or inservice, the employee shall be paid at hislher straight timehourly rate for the period ofhislher attendance with a minimum of one (1) hour'spay. Such time shall be counted as work-time for the purposes of overtimecomputation only.

184. Attendance at programs under paragraph 178 shall not be charged against anemployee's annual Education Leave.

185. Leave For Participating In A Literacy Program. Any employee accepted into aworkplace literacy program as a learner or a participant shall be permitted up totwenty-five (25) hours in a twelve (12) month period ofpaid educational leave withpay to the extent that such courses of instruction are provided during theemployee's on-duty hours.

186. Training And Certification For Blood Drawing. Should a department within theACMC elect to assign an employee the task of drawing blood, ACMC will providetraining and certification to the assigned employee if shelhe is not currentlycertified to draw blood. Such training will be provided on ACMC time. If suchassignment is not part of the employee's job specification, the Union and ACMCwill meet and confer regarding the job specification prior to the assignment.

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187. PM And Night Shift Employees. When ACMC requires an employee to attend aclass of four (4) hours or more, ACMC will schedule the employee off either theshift before or after. ACMC will not change the work schedule if the class is fewerthan four (4) hours.

ARTICLE 7 PAY PRACTICE

Section 7.1 Wages

188. Effective AprilS, 2009, wages for all represented classifications shall be increasedby 1%.

189. Effective December 13, 2009, wages for all represented classifications shall beincreased by 1%.

190. The parties will engage in wage reopener negotiations for changes to be effectiveApril 4, 2010 and April 3, 2011. Such negotiations for those changes as well as forthe changes designated by "reopener" in paragraph 191 will commence thirtycalendar days prior to each of those effective dates.

191. SPECIAL ADJUSTMENTS. In addition to the general increase effective AprilS,2009, certain classifications will receive special wage adjustments as indicated inthe table below. Adjustments are in addition to the general across-the-boardincrease, unless otherwise indicated.

Group 4/5/2009 4/4/2010 4/3/2011Clinical Lab Scientist 5.0% reopener reopener

Step 8 at 2.5%Eligibility Clerks Step 6 at 2% reopener reopenerInhalation Therapy 2% reopener reopenerAideOccupational Steps 6 and 7 at 2% reopener reopenerTherapistsPharmacy Techs Step 6at2% reopener reopenerPhysical Therapists Steps 6 and 7 at 2% reopener reopenerPuhnonary Function 3% reopener reopenerTechRad Tech I, II, III, IV 4% reopener reopenerRespiratory Care 3% reopener reopenerPractitionerRegistered 3.5% reopener reopenerRespiratory TherapistSr. Registered 3.5% reopener reopenerRespiratory TherapistSonographer I, II, III 3.5% reopener reopenerSurgical Tech 2% reopener reopener

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In the event that ACMC experiences retention and/or recruitment difficulties during theterm of this agreement, the parties will meet to negotiate mid-term adjustments. Payadjustments shall be by mutual agreement. To this end, the parties shall meet by mutualconsent to identify classifications that merit review and to conduct a market survey ofsuch classifications.

All current 12 hour shift full time employees at the time this agreement is ratified willonly receive the increases listed below and will not receive any ofthe specified equityadjustments or across the board increases listed above for 2009 or 2010. Employees whobegin working 12 hour shifts after the ratification of this agreement, as well as all parttime 12 hour shift employees, will be entitled to the equity adjustment and across theboard increase but not the increases below.

4/5/20096%

7/12/20093%

In addition, during the term of this agreement, ACMC agrees to analyze the feasibility ofre-establishing the LVN to RN upgrade program.

Section 7.2. Wage Scale Progression

192. Step Placement And Increases. Except as herein otherwise provided, wherecompensation is designated by a schedule of steps, the rate of compensation shallbe at the rate designated under the first (I'~ step. After an employee completes theequivalent of thirteen (13) biweekly payroll periods of continuous full-time servicein the same classification at the first (I ") or second (2nd

) step, he/she shall advanceto the next step. After he/she has completed the equivalent of twenty-six (26)biweekly payroll periods ofcontinuous service in the same classification at the third(3"') or fourth (4th

) step, he/she shall advance tothe next step.

193. In classifications with seven (7) salary steps, progression shall be as follows: afteran employee completes the equivalent of one hundred four (I04) full-time biweeklypay periods of continuous service in the same classification at the fifth (5th

) step,he/she shall advance to the next step; after an employee completes the equivalent offifty-two (52) full-time biweekly pay periods of continuous service in the sameclassification at the sixth (6th

) step, he/she shall advance to the next step.

194. In classifications with nine (9) salary steps, progression shall be as follows: after anemployee completes the equivalent of one hundred fifty-six (156) full-timebiweekly pay periods of continuous service in the same classification at the seventh(7th

) step, helshe shall advance to the next step; after an employee completes theequivalent of one hundred thirty (130) full-time biweekly pay periods of continuousservice in the same classification at the eighth (8~ step, helshe shall advance to thenext step.

195. Date Of Step Increases. The effective date of a step increase shall always be thefirst (I'~ day of a biweekly pay period. If the employee completes the hours statedin Paragraph 192, 193 or 194, during the first five (5) calendar days ofa pay period,excluding holidays, the advancement shall be effective on the first (I s~ day of that

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pay period; otherwise, the anniversary date shall be the first (I'~ day of thesucceeding biweekly pay period.

196. Appointment Above The First Step. Where a classification step schedule beginsat step two (2), three (3), or four (4), a newly hired employee shall be placed at thelowest step of that schedule after which further increments shall occur as set forthin Subsection A. Paragraph 192, 193, or 194. An initial placement on the wagescale for a professional, technical or administrative classification may be made atany step, provided the request has been authorized by the ACMC Human ResourcesDepartment.

197. No Reduction In Pay. Except as specifically provided for, there shall be noreduction in pay as a result of this MOD.

198. Pay for TransferslPromotions. An employee who transfers to a classificationwith the same compensation rate shall be placed in a step rate that will not result ina reduction in pay, and thereafter shall advance in the schedule in accordance withParagraph 192, 193 or 194.

199. An employee who transfers to a classification with a lower compensation rate shallbe credited with his/her service in the previous position compensation rate andthereafter shall advance in the schedule in accordance with Paragraph 192, 193 or194.

200. An employee who is promoted to a classification with a higher compensation rateshall be placed at the step which is at least three percent (3%) above the rate he/shewas receiving in the lower level classification; provided, however, that if theresultant increase in compensation is less than five percent (5%), the length of timerequired to be served in the new salary step as provided in Paragraph 192, 193 or194, shall be reduced by one-half (\6). Thereafter, the employee shall advance inthe schedule in accordance with Paragraph 192, 193 or 194.

201. Effect Of Absences On Wage Increments. For the purposes of advancing in thestep schedule the following shall not be considered absences and the employee shallbe credited with the periods of time based on his/her regular schedule:

A. Absence on authorized leave with pay and absence on military leave;

B. Any absence within the first two (2) biweekly pay periods of service whichwould have been compensated for had it not fallen within such period.

202. Effective January 31, 2010, any currently Registered Dental Assistants shall receivea one time bonus of $500. All Dental Assistants shall become Registered DentalAssistants by September 30, 2010. The educational stipend(s) may be utilized tocover the expenses for certification. Upon successful completion and submission ofproof of having become an RDA, newly Registered Dental Assistants shall receivea one time bonus of $500. Any Dental Assistant who has not become Registered bySeptember 30, 2010 is ineligible for the bonus.

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Section 7.3. Overtime

203. How Overtime Is Authorized. Work for ACMC by an employee at times otherthan those scheduled pursuant to Paragraph 48 shall be approved in advance inwriting by the Department Head, or in cases of unanticipated emergency, shall beapproved by the Department Head, after such emergency work is performed. Noemployee shall perform overtime work unless such overtime work has beenapproved by the Department Head or his/her designee._Overtime will only beoffered after extra shifts or hours have been offered to eligible employees on astraight time basis. Effective July I, 2006, overtime shall first be offered on avoluntary, rotating basis, beginning with the most senior employee within the workunit capable of performing the work required. A list will be maintained in eachscheduling unit with the names of employees interested in overtime. Employeesmay be added to or removed from this list on a monthly basis. In the event there areno volunteers, existing practice ofcovering vacant hours or shifts shall be followed.

204. Overtime Work Defined. Overtime work shall be defined as all work performed ina workweek in excess of 40 hours worked (not paid for) in any week. A week isdefined as Sunday through Saturday.

205. Rates Defined. For the purposes of this section, the base hourly rate shall be thehourly rate as set forth for each classification in Appendix A.

206. For purposes of this section, the regular rate shall be as defined under the FairLabor Standards Act ("FLSA") and, consistent with the FLSA, shall includeadditional compensation such as applicable premium payments pursuant to Section7.4 and 7.5 of this memorandum and other premiums and differentials applicable tospecific classifications.

207. Overtime Payment. Employees shall be compensated for overtime work in cashas follows:

208. For employees in the classifications ofLVN IV Certified, Licensed VocationalNurse and Licensed Vocational Nurse SAN, Registered Respiratory CarePractitioner, Senior Respiratory Care Practitioner (Registered), Respiratory CarePractitioner I, Respiratory Care Practitioner II, Respiratory Care Practitioner IISAN, Inhalation Therapy Aide, Pulmonary Function Technologist, Lead Clerk, andMedical Clerk, where such classifications are assigned to and performing nursingward clerk duties, overtime shall be paid at the rate of time and one half for allhours worked in excess of Ihe employee's scheduled daily hours worked, not paid,for in a workday.

209. For all classifications employees shall be compensated at time and one-half (1Y:z)the regular rate for all hours worked in excess of forty (40) hours worked, not paidfor in the work week.

210. For employees in the classification of Licensed Vocational Nurse SAN, flextimeschedules requiring an employee to work in excess of eight (8) hours in anyone (1)workday, excluding meal period, or in excess ofeight (8) hours in consecutive time,

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excluding meal period, shall be exempted from the provision requiring overtimecompensation after eight (8) hours in a workday.

211. Notwithstanding Paragraphs 208 and 209, persons employed as LicensedVocational Nurse; Licensed Vocational Nurse IV Certified, Licensed VocationalNurse SAN, Certified Nursing Assistant, Certified Nursing Assistant SAN, SurgicalTech, Psychiatric Tech SAN, Mental Health Specialist I, Mental Health SpecialistII, Mental Health Specialist SAN, Mental Health Specialist III, and PsychiatricTech shall be compensated at two (2) times the employee's hourly rate as defined inParagraphs 205 and 206, for all time worked in excess of twelve (12) consecutivehours worked provided such work sparmed two (2) complete consecutive shifts.

212. When Overtime Shall Be Paid. Compensation for overtime work shall be paid notlater than the completion of the pay period next succeeding the pay period in whichsuch overtime was earned.

213. When Compensatory Time Off May Be Taken Or Paid. Compensatory time offaccrued as of the effective date of this MOU shall be retained by employees whohave such a balance, and may be used as provided below:

214. Scheduling of compensatory time off shall be by mutual agreement of the employeeand the Department Head provided that the Department Head may require that anemployee adjust his/her workweek in order to avoid overtime penalties.

215. An employee who has accrued compensatory time off in accordance with thissuhsection shall upon separation from ACMC service be paid for unusedcompensatory time off at a rate of compensation not less than the average regularrate, as defined above, received by such employee during the last three (3) years ofemployment or the final regular rate received by such employee, whichever ishigher.

Section 7.4 Premium Conditions

216. Split Shift. Except as provided otherwise in paragraph 217, below, any employeerequired to work a split shift shall be paid at a rate of five percent (5%) over andabove his/her regular biweekly or hourly rate of pay for the entire shift so worked.For purposes of this paragraph "split shift" is defined as any daily tour of dutydivided into two (2) work periods of time and taking more than nine and one-half(9\1,) consecutive hours to complete.

217. Shift Differentials. Definitions. For the purposes of this Section, the followingdefinitions shall apply to employees scheduled to work shifts of no more than eight(8) hours:

A. A "PM Shift" means a scheduled shift in which five eighths (5/8) of the shiftoccurs between 4:30 PM and 12:00 AM.

B. A "Night Shift" means a scheduled shift in which five eighths (5/8) of the shiftoccurs between 11:00 PM and 7:00 AM.

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C. "Base pay" means the hourly pay rate for each classification as set forth inAppendix A.

218. The following provisions shall apply to the classifications listed in this Paragraphwhen such employees are assigned to a twenty-four (24) hour unit.

A. Certified Nursing Assistant, Certified Nursing Assistant SAN, LVN, LVN-IVCertified, LVN SAN, Surgical Tech, Clinical Lab Scientist I, Clinical LabScientist II, Clinical Lab Scientist III, Clinical Lab Scientist I SAN, Clinical LabScientist II SAN, Pharmacist, Pharmacist SAN, Rad Tech I, Rad Tech II, RadTech III, Rad Tech IV, Sonographer 1, Sonographer II, Sonographer III,Mammo/QA Tech, Psych Tech, Psych Tech SAN, Pharmacy Tech, RespiratoryCare Practitioner 1, Respiratory Care Practitioner II, Registered Respiratory CarePractitioner, Respiratory Care Practitioner II SAN, Senior Respiratory CarePractitioner (Registered), Inhalation Therapy Aide, Mental Health Specialist I,Mental Health Specialist II, Mental Health Specialist II SAN, Lab Assistant I,Lab Assistant II, Lab Assistant III, Pulmonary Function Tech, Health ServicesTrainee, and Medical Assistant.

B. Employees who work a PM shift shall be paid a differential of eleven percent(11%) calculated on their base pay.

C. Employees who work a night shift shall be paid a differential of fifteen and onehalfpercent (15.5%) calculated on their base pay.

219. The following provisions shall apply to all other employees:

i. Employees who work a PM shift shall be paid a differential of seven percent(7%) calculated on their base pay.

11. Employees who work a night shift shall be paid a differential of nine percent(9%) calculated on their base pay.

220. Shift differentials for employees employed on alternative shifts in excess of eight(8) hours shall be compensated in accordance with those arrangements.

221. Bilingual Pay. Upon the recommendation of the Department Head and theapproval of the Chief Human Resource Officer, a person, other than those in theInterpreterITranslater classifications, occupying a position requiring fluency inEnglish and in a designated language for services that are not normally a part of theemployee's regular job duties shall receive an additional forty dollars ($40.00) perpay period compensation. A person occupying such a position and havingproficiency in English and two or more designated languages shall receive) forty­five ($45.00) per pay period, provided that such a person is required to utilize suchadditional languages for ACMC. All employees receiving bilingual pay may berequired to pass a proficiency test or tests. To qualify for bilingual pay, anemployee must be assigned to perform bilingual services for a minimum of 20% ofthe employee's time. Audits of how much time an employee spends performingbilingual services will be done at the request of the employee, the Union or theemployee's manager.

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ACMC may, at its discretion, add a bilingual variant onto titles which require theuse ofa second language as part of the duties. Such jobs include but are not limitedto front desk and receptionist types of job classifications. The intent is to includejob classifications which require the employee to switch between English and asecond language many times a day; to qualify for the bilingual variant an employeemust spend at least 20% of his/her time performing second language services. Thehourly rate for such designated titles shall be calculated at 4% over the base hourlyrate of the base title. Employees who are given this variant shall be subject toproficiency testing.

222. Effective the same pay period as the 2006 general increase, the bilingual footnotewill be discontinued for the Medical Translator 1, Medical Translator II, theMedical Translator II (SAN), Medical Translator ill, and any other employeewhose job no longer requires translation skills. Employees in the classifications ofMedical Translator I, Medical Translator II, Medical Translator II SAN, andMedical Translator ill shall receive a one time payment of the value of the bilingualcompensation for one year, a maximum of $780 for one language or $910 for morethan one language. This amount shall be prorated for part-time and SANemployees based upon the total hours paid for calendar year 2005.

223. ACMC agrees to review the use of the classification of Medical Translator ill todetermine the appropriateness of classifying all Medical Translators who speakthree or more designated languages (including English) at the Medical Translatorill level.

224. Weekend Shifts. Subject to the provisions of this Paragraph, specified employeesshall receive a differential of twenty percent (20%) when assigned a majority oftheir shift to a twenty-four (24) hour unit at the facilities listed and work in excessof two (2) daily weekend shifts in a consecutive two (2) week calendar period.

225. Paragraph 224 shall apply to the following classifications: All LVN classificationsand LVN IV certified; all Respiratory Care Practitioner classifications; PulmonaryFunction Therapist; Certified Nursing Assistant; Mental Health Specialists;Psychiatric Technician.

226. Individual employees may waive this premium payment.

227. Lead/Charge Differential. Employees who are assigned to and perform lead dutiesfor an entire shift when such duties are not incorporated in the scope of theirclassification, not to exceed one (1) employee per unit per shift, shall receive adifferential of five percent (5%) based on their regular straight time pay.

Section 7.5 Special Performance Pay

228. For Standby Duty. An employee who has been instructed by his/her supervisor ordesignee to be "on standby" shall be paid at the rate of one half (V,) the straight­time hourly rate ofhis/her classification when on "standby."

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229. All-employees who, on the effective date of the MOU, (August 20, 2000) receivedstandby pay at the rate of three-quarter (%) time, shall continue to be paid at thatrate and under the same conditions for standby while they remain continuouslyemployed at ACMC.

230. For Call-Back. Regardless of actual hours worked in that workweek, an employeeshall be compensated at time and one half (I Y2) the straight-time hourly rate whencalled back from either standby or non-standby status, with a guarantee of two (2)hours work for hours worked on such a call back.

231. An employee called back to work because ofa shift change shall be compensated atthe call-back rate for only the hours worked prior to the beginning of theemployee's regular shift. An employee notified of a shift change before going offduty is not eligible for call back pay.

232. For Temporary Assignment To A Higher Level Position. An employeespecifically assigned on a temporary basis to a higher level position in which thereis no appointed incumbent or in which the appointed incumbent is on paid orunpaid leave, shall be compensated at the pay rate for the higher level positionprovided that all ofthe following criteria are met:

A. The full range of duties of the higher level position except the preparation ofperformance evaluations has been specifically assigned in writing by theDepartment Head.

B. Assignment for out-of-class pay can only be made for the full shift of the higherlevel position. Under the provisions of this section, part-time employees can onlymeet the "full shift" criteria by being assigned to a higher level part-time position,or by being assigned to work the full shift of a full-time position.

Compensation for temporary assignment to a higher level position shall be asfollows:

233. The service in such position exceeds five (5) days in any twelve (12) month period,and payment shall be retroactive to the first (I'~ day of such services in a twelve(12) month period.

234. The rate of pay pursuant to this section shall be calculated as though the employeehas been promoted to the higher level position. Since out-of-class pay is anassignment rather than an ACMC appointment to the position, the employee is noteligible for step increases which apply to the higher level position, but continues toreceive step increases for the lower level position, if the employee is otherwiseeligible for step increases in the lower level position.

235. An employee otherwise eligible for out-of-class pay who is absent on paid leaveshall be paid at the out-of-class pay rate for such paid leave, provided that:

A. Another person has not been hired or assigned to work on an out-of-class pay basisto the same position to which the out-of-class pay assignment has been made forthe same period.

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B. Paid leave shall be granted at the higher level during an employee's assignment inthe higher level, provided, however, if an absence exceeds five (5) consecutivework days, the employee shall be paid for such absence in excess of five (5)workdays at the employee's regular non-out-of-class rate.

236. Work assignments shall not be changed or rotated among employees for thepurpose of evading this requirement of providing greater compensation to anemployee who would otherwise be eligible for such pay as provided herein.

237. Time worked in a higher level assignment in excess of the workweek affixed to theemployee's ACMC appointed position shall be compensated pursuant to theprovisions of Section 7.3 hereof.

238. Reporting Pay. In the event that an employee is scheduled or directed to report forwork and so reports and is told by the Department Head that hislher services are notrequired, he/she will be entitled to two (2) hours pay at the straight time rate. Ifsuch employee is sent home through no fault of his/ber own before completion of ashift, such employee will be entitled to a minimum of four (4) hours of pay at thestraight time rate, or straight time pay for hours actually worked, whichever isgreater.

239. Application to SANs and Employees Working Additional Shifts. The partiesrecord that according to ACMC's current practice of no ·daily cancellations (Section9.4), this section applies only to SANs and employees working additional shifts andthat ACMC has no intention of changing its current practice.

240. When an employee is specifically directed to carry a pager during his/her mealbreak, and be available to work upon being paged, the meal break period shall beconsidered work time for the purposes ofArticle 5.

ARTICLE 8 BENEFIT PROVISIONS

Section 8.1. Health, Dental and Vision Plans

241. Health Plans. HEALTH PLAN COVERAGE FOR FULL-TIME EMPLOYEES.

242. ACMC shall contribute toward the monthly provider's charge for a comprehensivegroup health plan for eligible full-time employees, as well as their spouses/domesticpartners and eligible dependents, up to but not exceeding the actual monthlycharges established by the Kaiser Health Foundation for the same benefit coverage.In no event shall the ACMC contribution exceed the premium of the optionselected. The current Kaiser co-pay for office visits and prescriptions shall remain$5.00 until January 31,2007. Effective with the benefit year 2007, the co-pay shallincrease to $10.00.

243. Plan options are provided through the County of Alameda. Employees shall benotified ofchanges and/or modifications ofplans during open enrollment each year.

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244. ACMC's contribution toward the provider's charge shall be the full-timecontribution provided that the employee is on full-time paid status. If the employeeis on paid status on less than a full-time basis, ACMC's contribution shall be asspecified in Paragraph 245.

245. Health Plan Coverage For Employees Regularly Scheduled To Work LessThan The Regular Workweek and SAN employees hired prior to March I, 2003who already had health coverage: Any employee who is regularly scheduled towork less than the regular workweek for the job classification shall be entitled toelect coverage by a health maintenance organization as provided in Paragraph 244for full-time employees; provided, however, that the employee is on paid status atleast 50% of the normal full-time workweek for the job classification.

246. ACMC's contribution toward the provider's charge for such plan shall be the full­time contribution prorated each pay period based upon a proportion of the hours theemployee is on paid status within that pay period to the normal full-time pay period,provided the employee is on paid status at least 50% of the regular full-timebiweekly pay period.

247. Notwithstanding the foregoing, however, such employees who normally work atleast 50% of the normal full-time biweekly schedule, who were on the AlamedaCounty payroll for the pay period beginning April 1,1979, and who received 100%of the County contribution during said pay period, shall continue to be eligible for100% of said contribution until (I) a break in part-time service, (2) a break in healthplan coverage, (3) a change to full-time service from part-time service even if theemployee reverts to part-time service, whichever shall first occur, but in no eventshall said contribution exceed ACMC's contribution for coverage of full-timeemployees in comparable classes.

248. Services as Needed employees. There will be no new benefited Services-as-Neededpositions effective March 1, 2003. Any Services-As-Needed employees receivingbenefits as ofsaid date, will continue to receive benefits.

249. Duplicative Coverage: This applies to married ACMC employees and employeesin domestic partnerships (as defmed in Appendix E) both employed by ACMC.The intent of this section limits ACMC employees who are married or in a domesticpartnership from both covering each other within the same health plan. MarriedACMC employees and employees in domestic partnerships, both employed byACMC, shall be entitled to one (I) choice from plans offered through AlamedaCounty.

250. Effect Of Authorized Leave Without Pay On Health Plan Coverage: Employeeswho were absent on authorized leave without pay, and whose health plan coveragewas allowed to lapse for a duration of three (3) months or less, will be able to re­enroll as a continuing member in the same plan under which they had coverageprior to the authorized leave by completing the appropriate enrollment cards withinthirty (30) calendar days of the date they return to work. The deductibles,maximums, and waiting periods shall be applied as though the employee had beencontinuously enrolled. The effective date of coverage will be based on guidelinesestablished by ACMC.

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251.

252.

253.

254.

255.

256.

257.

258.

259.

Those whose health plan coverage was allowed to lapse for a duration greater :than three (3) months will be able to re-enroll within thirty (30) calendar days ofthe date they return to work in the same manner as is allowed for new hires.

Open Enrollment: Eligible employees may choose among available options duringan Open Enrollment period in the Fall of each year.

Dental Plans. DENTAL PLAN COVERAGE FOR FULL-TIME EMPLOYEES:

ACMC shall contribute the full cost of the provider's charge for a dental plan forfull-time employees and their dependents, including domestic partners (as defmedin Appendix F) and their dependents, provided that the employee is on paid status atleast 50 percent of the normal full time pay period for the job classification.Eligible full-time employees may elect anyone of the dental plan options providedthrough the County ofAlameda.

Dental Plan Coverage For Less Than Full-Time Employees And Services-As­Needed Employees hired prior to March 1, 2003: ACMC shall contribute the fullcost of the provider's charge for a dental plan for less than full-time employees andtheir dependents, provided, however, that the employee is on paid status at leastfifty percent (50%) of the normal full-time workweek.

The dental plan for less than full-time employees shall provide the same benefitcoverage as in effect for full-time employees as described in Paragraph 253 above.To participate, an employee must be on paid status at least forty (40) hours in eachand every biweekly pay period.

To establish eligibility to participate an employee must have been on paid status atleast forty (40) hours in each of seven (7) consecutive biweekly pay periods. Aftereligibility to participate is achieved, should an employee fail to have been on paidstatus at least forty (40) hours in any biweekly pay period for reasons other thanthose stated in Paragraph 259, eligibility to participate must be re-established bysubsequently being on paid status at least forty (40) hours in each of seven (7)consecutive biweekly pay periods.

Dental Plan Premium Payment On Final Paycheck Before Authorized LeaveWithout Pay Or Employee Separation: ACMC shall make a dental plan premiumpayment on a final paycheck as per present practice for employees who are on paidstatus at least forty (40) hours in the lastbiweekly pay period.

Effect Of Authorized Leave Without Pay: Employees who are granted a leave ofabsence without pay, whose dental plan coverage has lapsed for a period often (10)pay periods or less, and who return to work on paid status of at least forty(40) hours per pay period shall retain dental plan eligibility as further provided:

Full-time and Part-time employees. Full time and part time employees regularlyscheduled to work 50% or more per pay period who were absent on authorizedleave without pay, and whose dental plan coverage lapsed for a duration often payperiods or less, will be re-enrolled in the dental plan as a continuing member withrespect to the application of deductibles, maximums and waiting periods. Coverage

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will begin on the 15th day following the end of the biweekly period in which theemployee worked one (1) week or more.

260. Those whose dental plan coverage lapsed for a duration greater than ten (10) payperiods will be re-enrolled in the same manner as is allowed for new hires withrespect to the application of deductibles, maximums and waiting periods. Coveragebegins at the 10th pay period, given that the minimum time worked is 50% of thefull-time schedule for seven consecutive pay periods.

261. 30-Day Re-Enrollment: For employees who are enrolled in the Spousal Plan, anemployee whose spouse's or domestic partner's dental plan coverage is no longeravailable, may, within thirty (30) calendar days of such loss of coverage, enroll inan ACMC dental plan as a new member.

262. Open Enrollment: Eligible employees may choose from among the optionsavailable during the annual Open Enrolhnent period Premiums of all ACMCdental options will be paid according to dependent status (single, two-party, orfamily).

263. Changes To Plans. In the event that Alameda County Medical Center wishes toexplore health and dental plans to be provided through alternate carriers or withmodified plan designs, the Medical Center will notify the Union of its intent. Theparties shall meet and confer regarding all proposed changes as well as ACMCcontribution toward such plans, and any such changes shall be by mutualagreement.

264. Vision Reimbursement Plan. Employees shall be eligible for VISiOn carereimbursement subject to the following criteria: The employee is eligible forreimbursement after six (6) months of continuous employment working at least fiftypercent (50%) time or more each pay period. The employee shall be reimbursed forthe cost of either lenses and frames or contact lenses specifically prescribed for theemployee only, up to a maximum reimbursement of $200.00 each twenty-four (24)month period beginning on September 1 of odd numbered years. Reimbursementwill be made subject to applicable Finance Office procedures and requirements.

Section 8.2. Disability Insurance Benefits

265. Participation. ACMC shall continue to participate under the State DisabilityInsurance (SDI) Program.

266. Payment Of SDI Premiums. sm premiums shall be shared equally by theemployee and ACMC.

267. Employee Options. There are two (2) options available to an employee who isotherwise eligible for disability insurance benefits which are as follows:

A. Option I. Not applying for disability insurance benefits and using accrued paidextended sick leave, PTa, compensatory time off, floating holiday pay, and/or with

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the consent of the Department Head, discretionary Major Medical SupplementalPaid Sick Leave, (See Sideletter ofAgreement) Or

B. Option 2. Applying for disability insurance benefits and integrating accrued paidleaves with the SOl benefits. Such accrued paid leaves shall include extended sickleave, PTO leave, compensatory time off, floating holiday pay, and/or, with theconsent of the Department Head, discretionary Major Medical Supplemental PaidSick Leave, unless the employee provides written notice to the Department Head tolimit the integration to accrued PTO and extended sick leave only with SOlbenefits. The choice to integrate accrued PTO and extended sick leave only withSOl benefits may not be waived by the employee or ACMC.

C. Amount of Supplement. The amount of the supplement provided in tbis sectionfor any hour of any normal workday, shall not exceed the difference between 100%of the employee's normal net, not gross salary rate, including premium conditionsspecified in Section 7.4 or any other provision of tbis MOD, and the "weeklybenefit amount" multiplied by two (2) and divided by 80.

(

268. How A Supplement To SDI Is Treated. Hours, including fractions thereof,charged against the employee's accrued PTO and extended sick leave, discretionarymajor medical supplemental paid sick leave, PTO, compensatory time off, and/orfloating holiday balances as supplements to disability insurance benefits will beregarded as hours ofpaid leave of absence.

269. Paid Time Off and extended sick leave shall be accrued based upon the proportionof the hours charged against the employee's accrued extended sick leave,discretionary major medical supplemental paid sick leave, PTO leave,compensatory time offand/or floating holiday balances to the regular pay period.

270. Health And Dental Plan Coverage In Conjunction With SDI: For purposes ofdetermining eligibility for ACMC's hospital and medical care contributions anddental coverage, employees who are receiving a supplement to disability insurancebenefits paid from and charged to accrued PTO leave and extended sick leave,discretionary major medical supplemental paid sick leave, compensatory time offand/or floating holiday balances shall be regarded as on paid status for their regularwork schedules with regard to the days for wbich such supplement is paid.

271. The group health care providers will permit employees who are dropped fromhealth and/or dental plan coverage because of exhaustion of their accrued PTOleave and extended sick leave, discretionary major medical supplemental paid sickleave, compensatory time off and/or floating holiday balances, to re-enter the groupplans upon returning to their former work schedules, if the employee is otherwiseeligible pursuant to Section 8.1 herein.

272. Holiday Pay In Conjunction With SDI. In the event that a paid holiday occursduring a period of absence for wbich the employee receives disability insurancebenefits, holiday pay shall be prorated in proportion to the amount paid to theemployee as a supplement to the disability insurance benefit from accrued PTOleave and extended sick leave, discretionary major medical supplemental paid sickleave, compensatory time off, and/or floating holiday balances on the day beforeand the day after the holiday.

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273. Personal Disability Leave In Conjnnction With SDI. Refer to Paragraph 87Personal Disability Leave.

Section 8.3. Life Insurance

274. Except for employees enumerated in Appendix C, and any employee who isregularly scheduled to work less than half the regular work week for the jobclassification, basic group life insurance coverage of $9,000 will be provided toeach employee who meets the enrollment requirements. ACMC shall continue topay necessary premiums for two (2) pay periods after the employee goes onapproved leave without pay. This coverage reduces by 33% at age 65, at age 70, atage 75, at age 80, at age 85, at age 90, and at age 95. This reduction will apply tothe amount in force just prior to each reduction interval. The reduced amounts willbe rounded in accordance with the existing schedule.

Section 8.4. Long-Term Disability Insurance Policy

275. A long-term disability insurance policy will be made available for the employeeonly. Coverage can be purchased either through the use of vacation sellback up tofive (5) days or through payroll deduction. This policy is subject to premium costs,eligibility requirements, age limitations, coverage exclusions, conversion rights,and all other provisions set forth in the applicable insurer contract.

Section 8.5 Deferred Compensation

276. Enrollment In The Plan. Employees may enroll in the County of AlamedaDeferred Compensation Plan (the "Plan") in accordance with the terms andconditions of the Plan. The Plan provides for deferral ofpayment of a portion of anemployee's current compensation until death, disability, retirement, or other eventsprovided in the Plan document, in accordance with California Government CodeSections 53212-53214 and Section 457 and other applicable sections of the InternalRevenue Code.

277. Maximum And Minlmum Amounts: The amount that an employee may defershall not exceed the maximum amount allowable under Section 457 of the InternalRevenue Code for each calendar year.

278. The minimum amount an employee may defer is $10.00 per biweekly pay period.

279. An employee's work schedule must be regular and earnings must be sufficient topermit deferral ofa regular amount.

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Section 8.6. Educational Stipends

280. Upon the approval of the Department Head of any plan submitted by an employeeto engage in job-related educational courses which shall maintain or upgrade theemployee's skills on the job, or prepare the employee for promotional opportunitieswithin the employee's current discipline at ACMC, ACMC shall pay approvededucational expenses up to $750 per employee per fiscal year. More than oneeducational plan may be approved in any fiscal year, but in no event shall thestipend exceed $750 per employee per fiscal year. The maximum ACMC liabilityunder this section shall not exceed $180,000 in any fiscal year except as hereinprovided. ACMC agrees to carry over from fiscal year to fiscal year anyunexpended funds from this provision, not to exceed a maximum of $20,000.Employees shall receive such stipends on a first come-first served basis each fiscalyear. Individual receipts under $100 shall be submitted once a quarter andindividual receipts $100 and over shall be submitted once a month. ACMC willprescribe the due dates for the submission of receipts.

Section 8.7 Allowance For Use of Private Automobiles

281. Mileage Rates Payable. Subject to the provisions of this Section 8.7, mileageallowance for use of personal vehicles on ACMC business shall be paid at the IRS"business standard mileage rate," published by the IRS from time to time.

282. Minimum Allowance. An employee who is required by his/her Department Headto use his/her private automobile at least eight (8) days in any month on ACMCbusiness shall not receive less than ten dollars ($10) in that month for the use ofhislher automobile.

283. Premium Allowance. An employee who is required by his/her Department Headto use his/her private automobile at least ten (10) days in any month and, inconnection with such use, is also regularly required to carry in his/her privateautomobile, ACMC records, manuals and supplies necessary to his/her job of suchbulk and weight (20 lbs. or more) that they may not be transported by hand, shall becompensated an additional twelve dollars ($12) per month for any such month.

284. Reimbursement For Property Damage. In the event that an employee, requiredor authorized by his/her Department Head to use a private automobile on ACMCbusiness, should incur property damage to the employee's automobile through nonegligence of the employee, and the employee is unable to recover the cost of suchproperty damage from either his/her own insurance company or from any otherdriver, or other source, such costs shall be paid to such employee of the ACMC, ina sum not exceeding $250, provided that any claims the employee may have againsthis/her insurance company or any third party have been litigated or settled, andprovided further, that the employee is not found guilty of a violation of theCalifornia Vehicle Code or Penal Code in connection with the accident causingsuch dsmage. Employees shall submit proof of loss, damage or theft (i.e.,

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appropriate police report and/or estimated statement of loss) to the DepartmentHead within thirty (30) days of such loss, damage or theft.

285. Authorized Mileage Claims. When an employee is authorized to use his/herprivately-owned vehicle on ACMC business, mileage may be allowed inaccordance with the following provisions:

286. Definitions.

A. "Worksite," as used in this Section, means the worksite to which the employee isregularly assigned to report. When an employee is regularly assigned to more thanone (1) worksite during a workweek, a specific worksite shall be designated by theDepartment Head as the assigned worksite for each workday.

B. "Commute mileage" as used in this Section, is the amount of one-way mileagebetween the employee's home and the employee's assigned worksite.

C. "First point of contact," as used in this Section, means the first site where, on anygiven workday, the employee conducts business. If an employee has a first point ofcontact which is not the assigned worksite, then the distance between home and thefirst point of contact will be recorded. If the amount of this distance is greater thanthe amount of the commute mileage between home and the assigned worksite, thedifference may be claimed.· If the amount of this distance is less than the commutemileage then no mileage may be claimed.

D. "Last point of contact," as used in this Section means the last site where, on anygiven workday, the employee conducts business. If an employee has a last point ofcontact which is not the assigned worksite, then the distance between the last point ofcontact and home will be recorded. If the amount of this distance is greater than theamount of the commute mileage between the assigned worksite and home, thedifference may be claimed. If the amount of the distance is less than the commutemileage, then no mileage may be claimed.

287. Once the employee arrives at the first point of contact or the assigned worksite,mileage used in the course of conducting business may be claimed up to arrival atthe last point ofcontact or the assigned worksite.

288. An employee's home may not be designated as a "first point of contact" or "lastpoint ofcontact," or assigned worksite.

289. Parking rates for the duration of this agreement for Highland night shift employeesshall be frozen at the 2008 levels for all spaces located at the Highland Campus.Night shift employees are eligible for a day shift pass if they apply for it inEngineering. The pass must be renewed every three months.

Section 8.8. Uniform Allowances.

290. ACMC shall reimburse employees in the classifications of Cook, First Cook, andFood Service Worker, for one-half the cost of up to eight (8) dietary uniforms per

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employee per fiscal year. Additionally, Cook and First Cook shall be reimbursedthe full cost of chef's hats.

291. With regard to the provision of uniforms for other classifications, ACMC shallcontinue its current practice as of 9/30/2000.

Section 8.9. Dependent Care Salary Contribution

292. Subject to the applicable provisions of the Internal Revenue Service, employeesmay contribute up to $5,000 each calendar year from their salaries for approveddependent care. (Eligible employees may only contribute a portion of their salaryfor such expenses; there is no ACMC contributions for dependent care.) SANemployees are not eligible for this benefit.

293. Reimbursements are made on a monthly basis subject to submission of itemizedstatements, adequate accumulation of the salary contribution, proof ofpayment, andapplicable ACMC administrative procedures.

Section 8.10 Retirement Plan

294. Pension benefits are provided to ACMC employees under the ACERA pension plan("the ACERA Plan''). The terms and conditions of the ACERA Plan govern thebenefits and eligibility under the plan, which is limited to regular full timeemployees.

Section 8.11. Effect of Mandated Fringe Benefits

295. In the event that State or Federal law shall ruandate the granting to employees ofbenefits or other terms and conditions of employment which duplicate, supplement,or otherwise impinge upon benefits or other terms and conditions of employmentset forth herein, the provisions of this Memorandum of Understanding soduplicated, supplemented, or impinged upon shall be void and of no further effectas of the date the ruandated benefit or term and condition of employment becomeseffective, but the parties hereto shall then meet and confer with regard to suchbenefit or other term and condition of employment in order to assure that the Stateor Federal mandate does not result in an overall loss ofbenefits to employees.

ARTICLE 9 PERSONNEL ACTIONS

9.1. Categories of Employees

296. Employee Categories Described. There shall be three (3) employee categories:(a) Regular Full-time, (b) Regular Part-time, and (c) Services As Needed ("SAN').

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297. A Regular Full-time Employee is one who occupies a position with a pre­determined work schedule of forty (40) hours per week.

298. A Regular Part-time Employee is one who occupies a position with a pre­determined work schedule of at least sixteen (16) but less than forty (40) hours perweek.

299. A SAN employee is one working in place of a regular part time or regular full timeemployee on leave or who does not have a predetermined work schedule and whoworks intermittently, as needed by ACMC. '

300. Conversion Of Services-As-Needed Employees to regular status. Any Services­as-Needed (SAN) Employee who has worked an average of 2/5ths or more hoursper week for Sixteen (16) Consecutive weeks continuously iu the sameclassification, may request conversion to regular status provided 'there is a budgetedand posted position available.

301. The employee shall submit a form to the Human Resources Department requestingreview for conversion.

302. If the SAN employee is filling a vacancy created by a regular employee who is on apaid leave of absence, the SAN employee's request (for conversion) will beconsidered upon expiration of the paid leave. When the regular employee returns towork, the regular employee may be entitled to retum to the position occupied by theSAN in accordance with applicable law, ACMC policies and procedures. When theregular employee returns to work the provisions of Section 9.4 may apply.

303. The following shall not constitute an interruption of continuous service for thepurposes of Paragraph 300: Periods of non-utilization or periods of non-availabilitytotaling five (5) work days or less in a sixteen (16) week period.

304. Such absences or periods of non-utilization/non-availability shall not count towardthe accumulation of such service time, but their occurrence shall also not require anemployee to begin again the accumulation of such service time.

305. When the employee requests to be converted to full or part time status, ACMCHuman Resources Department will:

A. Conduct audits to determine the employee's eligibility for conversion based on thecriteria established in Paragraph 300 above and to assess departmental staffmgneeds.

B. If the employee is eligible for conversion to regular status, the Human ResourcesDepartment will complete such transaction within twenty-one (21) calendar days ofthe receipt of the request from the employee.

C. Effective upon adoption of this agreement, no SAN employee shall be converted toregular full-time status if there is a regular Part-time employee within the sameclassification and department who has requested to be converted to full-time status.

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306. Dispute regarding such conversion shall be subject to Section 9.8, GrievanceProcedure.

307. Conversion of Regular Part-Time Employees to Full-Time Status. Any PartTime employee who is regularly assigned to work full time equivalent for a periodof 48 consecutive weeks shall, upon request, be converted to full-time statusprovided that the extra hours or shifts are not replacing someone out on a leave whowill return to the position. Up to 24 weeks of time spent in that position prior to thecommencement of this successor MOU shall count toward the 48 consecutiveweeks for conversion purposes. Current employees desiring to convert from parttime status to full time, must notify ACMC of his/her intent to do so no later thanApril 15, 2009 for time spent in the position prior to the commencement of thissuccessor MOU to count toward the conversion. Adjustments shall not be made tothe schedule of an employee for the sole purpose of rendering the employeeineligible for conversion once that employee has signified hislher intent to convertto full time. Health and welfare benefits as well as leave accruals and other benefitsare not retroactive and commence the beginning of the first day of conversion to thePTE. Part time employees requesting conversion to full time status shall be givenpreference over a SAN employee requesting conversion.

308. ClassificationslNew Classifications. ACMC shall continue to use theclassifications listed in Appendix A of the MOU and agrees that any proposedchanges in classifications, titles, job descriptions and proposed new classifications,for which a portion of the job duties are the same or similar in nature to thoseperformed by employees in classifications listed in Appendix A, shall be subject tothe meet and confer process with the Union concerning the impact of such changeson terms and conditions of employment. In the event the parties reach impasse, theUnion may appeal the matter to an adjustment. panel composed of two (2)representatives of the Union, two (2) representatives of ACMC and a StateMediator agreeable to both parties.

309. Classification Specifications. ACMC shall maintain written specifications foreach classification. Each specification shall be set forth a descriptive classificationtitle, a definition outlining the scope ofduties and responsibilities ofpositions in the .classification, the minimum qualifications for the classification, and such otherinformation as appropriate.

310. Any classification specification may be reviewed by the Union or any employeeand, upon request, a copy of any classification specification will be provided to theUnion or any employee.

311. The classification specifications shall be kept current by ongoing review. Suchreview may include the survey of a single position, or surveys of all positions in asingle classification or classification series, or surveys of positions in anorganizational unit, or surveys ofpositions in an occupational grouping.

312. Interpretation of Classification Specifications. The classification specificationsare descriptive and explanatory and not restrictive. They are intended to indicatethe kinds of positions that should be allocated to the various classifications. Theuse of a particular expression or illustration as to duties shall not be held to exclude

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others not mentioned that are of similar kind or quality, nor shall any specificomission necessarily mean that such factor is not included.

313. The language of the specifications is not to be construed as limiting or modifyingthe authority of an ACMC department head to direct and control the work ofemployees under his/her jurisdiction or to alter their duties and responsibilities, asmay be necessary in the efficient conduct of the business of ACMC except that itshall be the responsibility of the department head to report to the Human ResourcesDepartment promptly any substantial change in the duties and responsibilities ofany position under his/her jurisdiction.

314. In determining the classification, the specification shall be considered in its entirety.Consideration shall be given to the general duties, specific tasks, responsibilities,and minimum requirements, as a composite description of the kind and level ofwork the classification is intended to embrace. In order to determine the level andproper grouping of the classification within the plan, its relationship to otherclassifications also must be considered; therefore, each specification is to be readand interpreted with this relationship in mind.

315. Reclassifications. An employee who believes that there has been a substantialchange in his/her duties which are not covered by his/her current classification shallprepare a log of such duties for a period of no less than 2 weeks. Upon completionof the log, the employee shall then submit the log to the Human ResourcesDepartment as well as notify his/her supervisor of the audit request. HumanResources shall then conduct a desk audit of the position within forty-five (45)calendar days of receipt of the log. Upon completion of the desk audit, theemployee shall be notified in writing of the findings. A change in title orreclassification shall only be warranted if the employee is spending more than 40%of his/her time performing all duties in a different classification. If the issueremains unresolved or the employee wishes to dispute Human Resources'determination, he/she may submit the matter in writing for resolution through thegrievance procedure to the third step only which shall be heard by the ChiefHumanResources Officer. If the grievance is denied, the matter may be submitted to aclassification specialist not employed by ACMC for a final and binding decision.

316. Classification for Displacement and Bidding. For the purposes of Section 9.4,Displacement and Employment Security, "classifications" means the list ofclassifications listed in Appendix A, provided that the flexibly staffed positionscontained in the list attached to the MOU as Appendix F shall be considered oneclassification for the purposes of that Section.

317. Classifications for the purposes of Section 9.4 shall be the classifications listed inAppendix A.

318. Review of Clerical Classifications. ACMC plans to undertake a review of allclassifications, including clerical classifications, to determine if their currentspecifications accurately reflect their current job duties. During this process, andprior to revising any job specifications, ACMC will consult with and involve theUnion.

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Section 9.2. Job Vacancies, Posting and Bidding

319. Posting of Vacancies. When vacancies covered by this MOU occur, notices ofsuch vacancies shall be posted at pre-designated locations at all ACMC work sites,concurrent with advertising to the general public, for seven (7) calendar days priorto interviews for the vacancy. This does not prevent ACMC from filling a postedvacancy on a temporary basis not to exceed sixty (60) days prior to filling theposition. The foregoing sixty (60) day limit shall not apply to situations whereACMC is filling a position temporarily vacant because of a leave of absence orbecause no qualified applicant has applied for the position.

320. Notice to Unions. When vacancies occur in positions subject to this MOU, ACMCshall notify the Unions and shall afford them an opportunity to send potentialapplicants. The Medical Center may employ the applicant who, in its judgment,will make the best employee.

321. Special Job Requirements. Special job requirements shall appear on positionpostings (such as clinical and program requirements, certifications or bilingualproficiency).

322. Bidding On Posted Positions.

323. Preferences. Any current employee may apply for any posted vacancy bysubmitting a written application. Preference shall be given in the order listedbelow, and among bidding employees from the same classification, seniority shallgovern, The prior sentence is subject to the provisos that (I) the bidding employeemust meet all reasonable qualifications of the job established by ACMC (the Unionhas the burden of establishing that the qualifications established are unreasonable),(2) the applicant employee is in good standing and (3) where an employee isapplying for a different classification, ability and performance must beapproximately equal in ACMC's judgment "Good standing" means that there hasbeen no written disciplinary action in the personnel (H.R.) file within twelve (12)months of the date of the application. Managers will have the right to select andhire any of the top three (3) most senior qualified applicants. If the top three (3)most senior applicants are not deemed the most qualified, management may hireexternal candidates.

A. Regular full-time and part-time employees from the same classification andscheduling unit.

B. Regular full-time and part-time employees from the same classification in otherscheduling units.

C. Services-As-Needed employees from the same scheduling units.

D. Services-As-Needed employees from other scheduling units.

E. Other applicants within ACMC.

F. Other applicants.

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324. Notice of Awarding of Position. Employees submitting a written bid for a postedvacancy under this subsection shall be informed by the Medical Center if they haveor have not been awarded the vacancy.

325. Restriction on Written Bids. It is understood that any written request under thisSection is limited to vacancies or potential vacancies in positions subject to thisMOU.

326. Displaced Employees. Employees on displaced status may submit a bid for anexisting or potential vacancy under the provisions of this Section and such biddingrights are in addition to the employee's recall rights as provided in this MOU. It isthe employee's responsibility to initiate any such bids, and the Medical Center hasno responsibility to notify displaced employees as to posted or potential vacancies.

327. Maintenance of Seniority List. ACMC will maintain a current seniority list ofemployees separated by classification, department, and category, i.e., full-time andpart-time, in one grouping and Services-As-Needed in another grouping.

328. Transfer, Promotion and Return. When an employee is promoted or transferredto a position covered by this MOU, he/she shall serve a thirty (30) day evaluationperiod. The employee will be given a reasonable period of orientation. If; withinthe evaluation period, ACMC decides in its sole discretion that the employee isfailing to perform his/her duties in a satisfactory manner, ACMC shall return theemployee to the position he/she occupied prior to the promotion or transfer.

329. Rehire And Recall. An employee who resigned or was laid off and who is rehiredor recalled within twenty-four (24) months from the termination into a position inwhich he/she held tenure shall return to the same salary step, and vacation accrualrate and shall have his/her original seniority date, adjusted for the period when notemployed by ACMC.

Section 9.3. Seniority

330. Seniority Defined. "Seniority" means the total length of unbroken service withACMC commencing with the employee's most recent date of hire in a regularfulltime or regular part-time position. SAN employees shall have "seniority amongthemselves" based on hours worked. Upon conversion to a regular fulltime orregular part-time position, a SAN employee will be assigned a date ofhire based onhours worked with 173.3 hours worked as a SAN equaling one month of serviceprovided that under no circumstances shall an assigned date of hire be earlier thanthe employee's first day ofwork at ACMC. Hours worked as a SAN shall not serveas credit for accrual ofpaid benefits unless otherwise provided for in the.collectivebargaining agreement, or otherwise agreed to by the parties.

331. Transition. Employees who were employed by the County of Alameda and whowere hired by ACMC on January 10, 1999, without a break in employment shallretain their County hire date for seniority purposes in accordance with Paragraph330.

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332. Break In Service. For the purposes of this Section 9.3, a "break in service" shallbe the following:

A. A resignation;

B. Retirement;

C. A termination for cause;

D. A displacement exceeding twenty-four (24) months.

E. Accepting a position and working six (6) consecutive months in a classification atACMC that is not represented by SEIU.

333. Adjustment Of Seniority Date. An employee's seniority date shall be adjusted bythe period of an authorized unpaid leave of absence exceeding six (6) months.

334. Ties In Seniority. In the case of a tie in seniority between two (2) or moreemployees, the date the employees submitted their applications will break the tie.

335. Rehires And Recall. See Section 9.2 Job Vacancies, Postings and Bidding,Paragraph 329. Rehire and Recall, for provisions covering recall and rehire.

Section 9.4. Displacement aud Employment Security

336. Employment Security. ACMC will provide employment security to bargainingunit employees by making every effort to avoid displacing employees (e.g.,reduction in force, reduction in hours, elimination on a temporary, indefinite, orpermanent basis, etc.) insofar as it is feasible. There shall be no daily cancellationsexcept that nothing herein shall preclude ACMC from continuing its practice ofcanceling shifts of SANs and extra shifts.

337. Pursuant to paragraph 336 and to accomplish ACMC's commitment stated therein,ACMC and SEIU agree to establish a Work Force Planning Committee. TheCommittee shall convene for Work Redesign and Reductions in Force.

338. Payment of Committee. Representatives qn the Committee will be provided paidrelease time whenever such meetings occur during the employee's work hours,provided that such time shall not be considered work time for the purposes ofSection 7.3, Overtime.

339. Frequency of Meetings. The Committee will meet at least once a quarter. In theevent of a reduction in force, the Committee shall meet at least weekly. Additionalmeetings will be scheduled by mutual agreement.

Work Redesign

340. In the event that ACMC plans to engage in work re-design which will have amaterial impact upon employees represented by SEIU Local 1021, it shall notify theunion in advance, provide SEIU with a comprehensive plan for the redesign as

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detailed in the side letter and shall, upon request, meet and confer with the Unionprior to implementing such changes. For the purposes of this paragraph "materialimpact" means a change in the wages, hours or other terms and conditions ofemployment. If the redesign is projected to result in any reduction in SEWmembers, it will be addressed through the Reduction in Force process below.

341. The work of the Committee will include but not be limited to developing training,cross-training, promotions, educational opportunities, measures to internalizeservices performed by external providers, including registry and temporaryworkers. ill addition, they may convene to consider projected changes in healthcare.

Reduction in Force

342. ill the event ACMC is contemplating a reduction in force, each manager or directorof the affected area will complete a comprehensive rationale as detailed in sideletter #5 and ACMC will notify SEIU in writing of a proposed reduction in forceand attach the rationale. The rationale will include what alternatives to layoffs werecontemplated and/or implemented in lieu of layoffs, a justification for the use oftemporary, probationary or SAN employees as well as other pertinent information.ACMC is also committed to promote transparency, accountability, and fullcommunications in compliance with its obligations under state and local laws. Theparties will meet and confer over the impact of the layoffs on employees and theCEO, after a reasonable period of time- approximately 30 days from thecommencement of discussions- may:

A. Decide whether or not to move forward with reductions and/or alternativemeasures.

B. Determine the classifications to be affected, the number ofpositions to be reducedand the proposed effective date.

C. Submit the proposal to the Board ofTrustees.

The parties may continue to meet and confer even after layoffnotices are sent toemployees up to a maximum ofanother 30 days. The subjects ofthese impactnegotiations shall not include the policy decisions behind the layoffs. Negotiationsmay include workload discussions. The parties may mutually identifyclassifications where there are or may be job openings within ACMC and holdthose openings for employees facing displacement. By mutual agreement, theparties may agree to extend the 30 day period.

343. Order of Displacement- Displacement within the affected classifications shall bebased on inverse seniority within the layoff units described below for the followingclassification series:

Health Educator series

LVN series

Surgical and Medical Tech series

Medical Assistant and Medical Clerk series

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Employees in the classification series listed may only bump less senior employeesin the same layoff unit; they may not bump less senior employees in other layoffunits.

Employees working in positions at the Highland Campus not includingAmbulatory Care

Employees working in positions at the FairmontEmployees working in positions at John George Psychiatric PavilionEmployees working in Ambulatory Care including Highland

Displacement within all other affected classifications shall be based on inverseseniority Center-wide; their bumping rights will also be Center-wide byclassification.

344. Bumping rights are at the discretion of the Chief Human Resources Officer anddepend on unit needs. Reorientation and training for a period of up to three (3)months can be provided for the displaced employee(s) in order to develop thenecessary skills and competencies for a successful transition to the new assignment.Before considering bumping rights to a filled position, the CHRO shall determine ifthere are any vacant posted positions that would be appropriate for the laid offemployee to fill.

ACMC and SEIU can mutually agree on an alternate bumping process for certaintitles during the meet and confer process noted in paragraphs 342 and 343.

Before any regular full time or part time employee is displaced, first all temporary,then probationary employees within the affected classifications and layoff unit willbe displaced. In addition, ACMC will cease using registry employees within theaffected classifications and layoffunit prior to any displacement.

Employees who are hired into positions not represented by SEIU or promoted outof the SEIU bargaining unit may not utilize seniority with ACMC to displace anySEIU represented employee. Such employees may displace into any remainingvacant positions budgeted within the SEIU bargaining unit after displacement ofSEIU employees pursuant to provisions in this Article.

345. Exceptions to Seniority for Displacement- When specific positions within aclassification require special skill, knowledge, or abilities, the Chief HumanResources Officer may designate specialties within a classification and treat suchapproved specialty as a separate classification for the purpose of displacement anddemotion in lieu ofdisplacement.

346. Process for LayoffsUpon approval by the CEO, affected employees and the Union will be sent noticesof layoff45 calendar days prior to the effective date of the layoff. At the same timea general notice of layoff will be posted and sent electronically to all other SEIUrepresented employees informing them there is a layoff in process and less senioremployees could be bumped. By the 20th calendar day after the initial notices aresent, a second letter will be sent notifying all affected employees of their bumpingrights and all bumped employees they are being bumped and what bumping rights,if any, they have. In addition to the bumping rights available to the employee(s),

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the notice shall include the name and contact information of the assigned individualwithin Human Resources to notify ofhislher intent regarding bumping. All affectedemployees will then have 10 calendar days to notify Human Resources whetherthey are exercising their bumping rights. The intention is that all layoff andbumping actions will have concluded no later than the 46th day of the notice.

347. All affected employees have the right to apply for posted positions if they arequalified and will be given preference in those open positions after an interview.

348. Appeal Rights- All issues regarding layoffs shall be resolved through the reductionin force process of the Workforce Planning Committee. Layoffs will only be donefor economy and/or efficiency and are not meant to be used to target employees forother reasons. Economy is defmed as the financial savings ACMC realizes throughthe layoff. Efficiency is defined as any improvement in operation that enables theorganization to be more effective, including but not limited to any improvements toprocess, practice or policy. The Union can appeal layoffs directly to the third stepof the grievance process; there will only be one group appeal of each layoff andthere are no individual rights to appeal a layoff action. The only bases for appealswill be that I) the layoff was not for economy and/or efficiency as defined in thisparagraph or 2) the seniority or bumping rights were applied erroneously, or 3) theEmployer did not engage in "good faith bargaining."

349. Lateral Movement to a Vacant Position. An employee subject to displacementmay be moved to a vacant position in his/her own classification or to a vacantposition in an equal-paying classification, provided that such employee has held aposition in that equal-paying classification.

350. Lateral Movement to an Equal-Paying Positiou in Lieu of Displacement.Where there are no vacant positions, an employee who has held a position in anequal-paying classification may displace the least senior employee in an equal­paying classification. The employee who has held a position in more than one (I)equal-paying classification does not have an option as to the classification in whichthe displacement will occur; but will be permitted to move only into theclassification then filled by the employee with the least seniority.

351. Demotion in Lieu of Displacement. An employee in a classification affected by areduction in force may elect to demote to a lower paying classification, providedthat such an employee has held a position in the lower paying classification.

352. When both the employee demoting and the employee in the lower payingclassification have equal seniority, the employee in the lower paying classificationwould be displaced first.

353. Regular Employees' Rights to SAN Positions. A regular employee who is notable to secure a regular position as a resnlt of the above process will be offered anSAN position in the affected classification, if the classification is one that has SANpositions. For twelve (12) months following the displacement, regular employeeswho have elected to accept SAN positions will be given preference for SAN shiftsover existing SAN employees, up to their former status.

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354. Notice. Prior to any displacement, employees will be given notice of one (1) monthor one (1) month's pay in lieu ofnotice or any combination ofpay and notice.

355. Recall. Employees shall be recalled by seniority for two (2) years from the date ofthe displacement.

356. Alternate Procedure. The Union and ACMC agree that they may meet and conferon an alternate procedure to be used in lieu of the foregoing, provided that there ismutual agreement on the procedure to be used. In any case, all such agreements aswell as the alternatives described in paragraphs 342 through 356 must beaccomplished within the timeframes described in paragraph 342 up to a maximumof 60 calendar days ending the 30th calendar day after the date of the layoffnotices.

Section 9.5. Probation Periods

357. Newly Hired Employees. Employees newly hired by ACMC shall serve aprobationary period of six (6) months commencing with their hire date.

358. Transfers During The Probation Period. An employee may not transfer toanother position within ACMC during his/her probation period without thepermission of ACMC. Such permission lies within the sole discretion of ACMCand is not subject to the Grievance procedure in Section 9.8. An employee who sotransfers shall commence a new probation period.

359. . Grievability Of Discharges Of Probationary Employees. Any employee servioga probation period may be discharged without recourse to the grievance procedure,except where it is alleged that ACMC has violated the provisions of Article 2, NoDiscrimination.

Section 9.6. Evaluations

360. Purpose. The purpose of evaluations is to assist the employee in his/herdevelopment. Evaluations shall not be a substitute for or an initiation of thedisciplinary process (See Section 9.7, Disciplinary ProcesslPersonnel [H.R.] Files)but will serve to notify an employee that his/her performance or attendance ismarginal and may lead to discipline.

361. Timing/Scope.

A ACMC shall make best efforts to conduct a performance evaluation for eachemployee on an annual basis. Newly hired employees, generally, will receive awritten evaluation upon completion of thirty (30) and ninety (90) days ofemployment.

B. The written performance evaluation shall cover the period since the last evaluation.

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C. The employee's supervisor shall meet with the employee to review the employee'swritten evaluation.

D. The employee shall be entitled to add hislher written rebuttal which will then befiled in the employee's personnel (H.R.) file with the evaluation.

362. Grievability.

A. Evaluations are not subject to Section 9.8, Grievance Procedure.

B. Promotions. Paragraph 362 does not prohibit an employee from grieving a denialof a promotion if such a decision was based in whole or in part on an evaluation.

C. Transfers. Evaluations shall not be used to deny an employee a transfer. For thepurposes of Paragraph 362, a "transfer" occurs when the employee changes hislherposition but remains within the same classification.

Section 9.7. Disciplinary ActionINotice of TerminationlPersonnel Files

363. ACMC agrees to the principles of progressive discipline, where appropriate, and todue process as set forth in this Section. It is the intent that disciplinary action becorrective in nature and will only be administered for just cause.

364. Counseling. If an employee's performance or conduct is unsatisfactory, hislhersupervisor may issue an informal verbal or written counseling. Counselings shouldaddress performance or conduct which, if not improved, may result in formaldisciplinary action. Documentation, if any, of such counseling shall be given to theemployee at the time of the counseling, or soon thereafter. A written record of acounseling will not be placed in the employee's personnel file, unless it results insubsequent disciplinary action. Because a counseling is not grievable, an employeemay submit a written rebuttal.

365. Written ReprimandlWarning. A written reprimand/warning may be prepared bythe supervisor and will be placed in the employee's personnel file.

366. Recommended Suspensions And Terminations. A recommendedsuspension/termination must be served on the employee in person or mailed. Thenotice should include:

A. A statement of the nature of the disciplinary action.

B. A statement of the cause of the action.

C. A statement in ordinary and concise language of the act or omission upon whichthe action is based.

D. A statement of the employee's right to respond either orally at a meeting requestedby the employee, or in writing and timeframes for responding.

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367. Notice Of Termination. In the event of terminationof an employee subject to thisMemorandum of Understanding for a cause other than intoxication on the job, grossinsubordination, dishonesty, or conviction of a felony which relates to theemployee's job, the Department Head or hislher designated agent shall give to suchemployee a written notice of termination no less than ten (10) working days prior tothe effective date of said termination. In the event, however, that such employee isnot on the job on the date he/she would be entitled to such notice, it shall be mailedto him/her on such date. Time spent on the job during such ten (10) day noticeperiod by a probationary employee shall not be counted toward completion of theprobationary period. ACMC agrees to furnish a copy of any such notice to the'Union, unless the employee requests otherwise, but failure to receive such noticeshall not invalidate such termination,

368. Appeals Of Written ReprimandsIWarnings. A written reprimand may beappealed through the Grievance Procedure, Section 9.8 through the Step 3 (CEO ordesignee) level. Employees may attach a rebuttal to any letter ofreprimand/warning to be placed in the employee's personnel file.

369. Appeal Of Skelly Decision. The Union or the employee shall have ten (10) daysafter receipt of the written Skelly decision in which to submit a written appeal ofthe discipline. Any appeal shall be pursued under Section 9.8, GrievanceProcedure, by filing a grievance at the Step 3 level (CEO or designee).

370. Weingarten Rights.

A. Rights Described ACMC shall permit employees to be represented duringinvestigatory meetings consistent with the principles established by the UnitedStates Supreme Court in the matter Weingarten vs. NLRB, as modified by thecourts and the NLRB.

B. Failure to Grant Weingarten Rights. Ifan employee is denied Weingarten Rightsduring an investigatory meeting, the Employer must hold an additional meeting inwhich the employee is provided such rights and no disciplinary action shall takeplace until after the meeting is held.

371. Personnel Files.

372. Review of Personnel (H.R.) Files. An employee, alone or accompanied by aUnion Representative, shall have the right to review his/her personnel (H.R.) file orauthorize his/her Union Representative in writing to conduct such a review. Uponpresentation of a written authorization signed by the employee the UnionRepresentative may request a copy of the employee's personnel record. ACMCshall provide one copy of the record without charge. ACMC may verify anywritten authorization. The Union's access to employee records shall be for goodcause only. Third party reference material shall not be made available. Suchinspections shall be arranged in advance with Human Resources.

373. Placement and Removal of Disciplinary Material in Personnel (H.R.) File. Nodisciplinary material shall be inserted in an employee's personnel (H.R.) filewithout hislher prior notice. Letters of reprimand or warning will be removed froman employee's official personnel (H.R.) file upon request of the employee after five

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(5) years from the date of the letter, provided ACMC has not initiated anysubsequent corrective action of the employee. All requests must be presented inwriting to the Department Head.

Section 9.8. Grievance Procedure

374. Purpose and Definitions. The purpose of the Grievance Procedure is to resolvedisputes as expeditiously as possible. If an employee or the Union has a grievanceor complaint, it shall be taken up in the manner set forth in this paragraph.References to an ACMC manager or officer shall include hislher designee. Agrievance is an allegation by an employee, group of employees or the Union thatACMC has violated written ACMC policies and procedures or interpretation orapplication of a provision of this MOU provided that the issue is within thescope ofrepresentation as defined in Government Code Section 3504.

375. STEP 1. Informal Meeting with Supervisor. As a preliminary step, the employeeshall first confer with hislher supervisor, or other appropriate manager, to attempt toresolve the matter prior to filing a written grievance. If the matter is not resolvedpursuant to this informal meeting, or if the supervisor/manager refuses to meetinformally, a written grievance may be initiated at Step 2, as provided below. Nogrievance shall be processed unless the employee or Union has attempted to meetwith and/or notified the supervisor/manager. This preliminary step shall not applyto Union Grievances underParagraph 381.

376. ' STEP 2. Submission of Written Grievance to Labor Relatious. A grievance byan employee or groups of employees that remains unresolved after the informalmeeting is to be submitted in writing to the ACMC Labor Relations Manager withinsixty (60) calendar days of the date upon which the grievant(s) or the Union knewthe facts that gave rise to the grievance. The grievance shall state:

377. The section ofthe MOU or written policy or procedure violated;

A. The detailed facts upon which it is based;

B. The remedy that is sought;

C. The date of the informal meeting with the supervisor/manager

378. Upon receipt of a Step 2 grievance, the ACMC Labor Relations Manager shalldesignate (within five (5) calendar days) the ACMC senior operational oradministrative management representative with authority to grant the requestedremedy or otherwise resolve the grievance. The designated ACMC senioroperational or administrative management representative shall meet with thegrievant(s) and the Union Shop Steward and/or Union Representative within ten(10) calendar days of the receipt of the grievance from the Labor RelationsManager. The ACMC senior operational or administrative managementrepresentative shall respond to the Step 2 grievance in writing within seven (7)calendar days of the Step 2 meeting. If the ACMC senior operational oradministrative management denies the requested remedy, the Union may appeal the

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matter to Step 3 within ten (10) calendar days of receipt of the written Step 2response or, if there is no response, within twenty two (22) calendar days of thefiling of the grievance at Step 2, the grievance shall automatically advance to Step3.

379. STEP 3. Meeting with the CEO. Within ten (10) calendar days of receiving therequest, there shall be a Step 3 meeting with the CEO or hislher designee, providedthat any designee shall not be the same senior operational or administrativemanagement representative who heard the grievance at Step 2. ACMC shallprovide the Union with its final written response within ten (10) days of theconclusion of the Step 3 meeting. If the grievance is not settled, within thirty (30)days of the written Step 3 response either party may request in writing that thematter be referred to Step 4, Arbitration.

380. STEP 4. Arbitration. The arbitrator will be selected by representatives of ACMCand the Union. ACMC and the Union shall each pay one-half (1/2) of the costs ofarbitration, including the fees of the arbitrator and other expenses of the arbitrationproceeding, including a reporter, but not including compensation of costs ofrepresentation, advocacy or witnesses for either party.

381. Union Grievances. Grievances by the Union under Paragraph 6,7,or 8 of thisMOU, Recognition, may be filed at Step 3 of the Grievance procedure.

382. Time Limits. Time Limits. The time limits established in the grievance proceduremay only be waived by the mutual written agreement of the parties. No grievanceor complaint shall be considered unless it has first been presented in writing at Step2 within sixty (60) calendar days of the date upon which the grievant or the Unionknew, orwith reasonable diligence, ought to have known of the facts that gave riseto the grievance, and no grievance shall be submitted to arbitration unless a writtendemand to arbitrate (submission to Step 4) is presented within thirty (30) days ofthe final Step 3 response. On no account shall any grievance include a claim formoney relief for more than ninety (90) days prior to the date of the grievance.With the exception of Step 4, ifACMe fails to adhere to the time limits set forth inthe Grievance Procedure, the grievance will be automatically advanced to the nextstep.

383. A monthly report ofpending Step 2, Step 3 and Step 4 grievances shall be issued byLabor Relations to the affected Union and the ChiefofHuman Resources.

384. Authority Of Arbitrator. The arbitrator's award shall be final and binding on theparties. The arbitrator's authority shall be limited to the interpretation andapplication of specific provisions of this MOU or written ACMC policies andprocedures, and helshe shall have no power to add to, to subtract from or to changeany of the terms or provisions of this MOU. The award shall be based upon thejoint submission agreement of the parties, or in the absence of an agreedsubmission, the questions raised by the parties in respect to the specificinterpretation and application of the Agreement.

385. Disciplinary Actions. Appeals of disciplinary actions are covered under Section9.7.

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ARTICLE 10 CONJIDflTTEES

Section 10.1 Patient Care Committee

386. Quality Care And Quality Working Environment. ACMC and the Union agreethat quality patient care and a quality working environment require adequatestaffmg and that staffmg levels within all departments vary based on many factors,including census, acuity, shift, the specialization of various areas, changes in thespecialization of the units, structural changes in delivery of patient services,qualitative changes in average acuity and ACMC's finances. The Union andACMC agree that the goals can best be accomplished by working as strategicpartners to develop resources to assure adequate staffing to accomplish the missionof ACMC. ACMC and the Union agree that all staffing levels and standards, andall changes to such levels and standards, shall not conflict with state and federallegislation addressing these issues.

387. The Patient Care Committee. Establishment of Committee. ACMC will establisha committee composed of three (3) bargaining unit employees selected by theUnion and three (3) representatives of ACMC selected by ACMC. The parties maymutually agree to expand the number of representatives to this committee as theneed may arise.

388. Function of Committee. Through the committee, the parties will work together tomeet staffmg needs by evaluating the quality and delivery of patient care servicesand making recommendations to ACMC to continuously improve patient services.

389. Meetings and Release Time. The parties will meet once per month for (2) twohours and may meet more often by mutual agreement. ACMC will provide paidrelease time for each employee member of the committee to attend meetings whensuch meetings occur during the employee's work time. Such paid release time shallnot be hours worked for the purpose of Section 7.3, Overtime.

390. Joint Practice Committee.

391. The Committee. At the request of either party, a difference of opinion between therepresentatives of the Patient Care Committee shall be referred to the Joint PracticeCommittee. This committee will be the exclusive means for resolving any suchdifferences of opinion, and shall be composed of:

A. Three (3) representatives from Local 1021 and one (l) Union appointed member ofthe Patient Care Committee.

B. The ACMC CEO or hislher designee, one (1) ACMC appointed member of thePatient Care Committee and two (2) other representatives appointed by ACMC.

392. The parties acknowledge that, in individual instances, the Union may select fewerthan four (4) members, in which case the number selected by ACMC shall beadjusted so that the number of representatives from the Union and ACMC shallalways be the same.

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393. Meetings and Recommendations. A meeting of the Joint Practice Committee shallbe held within ten (10) days of the referral, unless the committee mutually agreesotherwise. The purpose of the meeting will be to review jointly the original issuepresented by the Patient Care Committee, together with a summary of theinformation exchanged between the parties on the issue since its originalpresentation, and to engage in joint explorations leading to resolution of the matter.The recommendation of the Joint Practice Committee shall be reached within thirty(30) days of the committee's last meeting regarding the issue.

394. Appeals From Joint Practice Committee.

395. Submission to the Board. In the event the Joint Practice Committee is unable toreach agreement on a recommendation, the issue may be submitted to the Board ofTrustees (the "Board"), or a committee of the Board designated for that purpose.

396. Submission to the Review Panel. In the event the decision of the Board does notresolve the dispute, the issue may be submitted to a Review Panel for [malresolution. The Review Panel shall consist of three (3) members, one (1) selectedby the Union, one (I) selected by ACMC, and a (3"') third selected by these (2) twomembers to serve as a neutral chairperson. The chairperson shall be an expert whois familiar with the Health Care Industry and shall have expertise in staffing andrelated issues. Any resolution of the panel must not conflict with state and federallegislation, including staffing levels contained in current state and/or federallegislation. In reaching its conclusion, the panel shall consider the factors set forthin Paragraph 386. In the event the panel cannot reach a consensus, the neutralchairperson shall render a [mal and binding resolution. The parties shall bear thecosts ofthe review process in equal shares.

Section 10.2 Subcontracting/Work Redesign

397. Subcontracting. The Union recognizes that the Employer has the obligation toprovide effective health care in as efficient a manner as possible. The Employerrecognizes that the Union has the obligation to protect the rights ofUnion members.

398. ACMC reserves the right to meet immediate day-to-day operational needs bycontracting for services, for example, through registry, temporary services, andsimilar temporary health agencies.

399. ACMC agrees that it will not subcontract bargaining unit work without theagreement of the Union. Nothing herein shall preclude ACMC from continuing tosubcontract such services to the extent they are currently being subcontracted on theeffective date of this MOU (August 20, 2000).

Section 10.3 Safety

400. Goals And Functions. It is the responsibility of ACMC to maintain a safe workingenvironment. ACMC will conduct and maintain facilities (owned or leased) in

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accordance with standards established by the State Division of Occupational Safetyand Health and in compliance with Occupational Safety and Health Act and otherapplicable safety and health regulations.

401. ACMC Safety Committees. ACMC will include Union represented employees inACMC or work site safety committees that currently exist or are formed during theterm of this MOU. The size of each committee and the number of Unionrepresented employees assigned to the committee will be determined by the CEO.ACMC Union field representatives will select the Union-represented employees tobe appointed to ACMC or work site safety committees. The CEO shall select theremaining members and may select members covered by this MOU based onsafety-related functions.

402. Frequency Of Meetings. The ACMC Safety Committee meets monthly. Othersafety committees meet as scheduled.

403. OrientationlTraining. ACMC will provide orientation/training to the members ofACMC Safety Committees. Training provided to Safety Committee members maybe developed by the ACMC Safety Committee subject to the approval of theACMC Safety Officer. In the event outside training is available to the committees,ACMC will allow release time for committee members in accordance withParagraph 401 of this Section 10.3.

404. Memorandum Regarding Procedure And Membership. ACMe's SafetyOfficer 'will distribute to employees a Memorandum which will identify themembers of the ACMC Safety Committee and specify the procedures that shouldbe followed in reporting hazards or safety problems.

405. CallOSHA Log. The ACMC Safety Officer will prepare and circulate one (1)copy of the ACMC Cal/OSHA log to each of the SElU locals on a quarterly basis.These reports will also be made available to the ACMC Safety Committee, and willbe posted on departmental bulletin boards.

406. The Union shall have the right to designate workplace Union SafetyRepresentatives pursuant to Cal/OSHA laws.

407. Workplace Violence Guidelines. ACMC shall ensure compliance with ACMC'sworkplace violence guidelines.

408. Release Time. Full-time or part-time employees who have been formallydesignated as Union representatives pursuant to Paragraph 401 above shall carryout their duties under this Section on ACMC time, provided, however, that theemployee shall only be granted paid release time for meetings during those hourswhen the employee would have been regularly scheduled to work.

Section 10.4 Diversity Committee

409. Appointment Of Committee. The Union may appoint a committee consisting ofsix (6) full-time or less than full-time employees from the Union as representatives

SElU Local 1021- General Chapter 2009 - 2012-67-

to meet with the Human Resource Director of Workforce Planning, providedhowever, that the employee shall only be granted paid release time for meetingsduring those hours which the employee would have been regularly scheduled towork.

410. Meetings. Diversity Corrnnittee shall meet at least once a year or more frequentlyby mutual agreement of the parties, at times and places to be decided by the parties.

411. Recommendations. The recommendations and deliberations of said Committeeshall be advisory to the ChiefHuman Resources Officer.

412. Goals. The goals and objectives of said Corrnnittee shall be the following:

A. Make recommendations for modification of policies, procedures and practiceswhich could potentially result in discriminatory practices; and

B. Provide recommendations to improve efforts to hire and retain employees withinthe ACMC workforce and job categories to adequately represent and address theneeds ofthe diverse community served by ACMC.

ARTICLE 11 SOCIAL SERVICES CASELOADS:

413.

MEDICAL SOCIAL WORKERS

ServicefPrograrn

Inpatient Services

ER

Outpatient Services

Skilled Nursing

Acute Rehab Unit

Effective Caseload Size

Caseload of 18

Caseload of 8

Caseload of 8

Workload consistent with applicable law(Title 42)

Caseload of 20

PSYCHIATRIC SOCIAL WORKERS

Psych Social WorkerlPES

Outpatient Psych

Substance Abuse

Sexual Assanlt

Caseload of 10

Caseload of24

Caseload of25

Caseload of 50

SElU Local1021-General Chapter 2009-2012-68-

Domestic Violence Caseload of 50

It is the practice and policy of Alameda County Medical Center Department of Medical SocialServices that when workers are absent on approved leave for five or more consecutive workdays,they shall be removed from assignment rotation during the period oftheir absence.

The Department of Medical Social Services will prepare a report regarding current cases with thenumber of assigned workers and forward such report to the Chief Operating Officer and theUnion twice a year. The report shall include, but not be limited to, the following elements:

A. Number of cases assigned by programB. Number of case-carrying Medical Social Workers by programC. Personnel changes that may affect case assignments such as resignations, individuals

on leave, etc.

Any proposed changes in the effective caseload size or creations of new categories shall besubject to meet and confer.

REHABILITATION COUNSELORS:

For full time therapists who are employed as Rehabilitation Counselors in ACMCOutpatient Psychiatric Services, Staff will be assigned a caseload standard of 24service units.

i) One unit of service is defmed as one group session.

ii) For patients that are enrolled in the Partial Hospitalization program, one client isdefined as one unit of service.

iii) For patients that are enrolled in the Outpatient Clinic, one client is defined as .66unit of service.

iv) For part-time therapists, the service standard will be prorated based on hoursworked.

414. It is the intent ofACMC to maintain these levels through the term of the agreement.In the event of regulatory changes or layoffs that affect the services provided bythis work unit, the parties will meet and confer to consider changes in thesestandards.

ARTICLE 12 SAVINGS CLAUSE

415. If any provision of this Memorandum of Understanding shall be held invalid byoperation of law or by any court of competent jurisdiction, or if compliance with orenforcement of any provision shall be restrained by any tribunal, the remainder ofthis Memorandum of Understanding shall not be affected thereby, and the partiesshall enter into negotiation for the sole purpose ofarriving at a mutually satisfactoryreplacement for such provision;

SEIU Loca11021-GeneralChapter 2009-2012-69-

ARTICLE 13 ENACTMENT

416. It is agreed that this MOU shall be jointly submitted to the ACMC Board ofTrustees. Upon approval, the Board shall adopt this Memorandum ofUnderstanding which shall thereafter become binding on ACMe.

ARTICLE 14 NOSTRllrn,NOLOCKOUT

417. During the term of this Agreement, SEIU, its members and representatives agreethat it and they will not engage in, authorize, or sanction a strike, stoppage of work,or withdrawal of services.

418. ACMe will not lockout employees during the term of this Memorandum ofUnderstanding.

ARTICLE 15 SCOPE OF AGREEMENT

419. Except as otherwise specifically provided herein, this Memorandum ofUnderstanding fully and completely incorporates the understanding of the partieshereto regarding the provisions contained in this MOU. Neither party shall, duringthe term of this Memorandum of Understanding, demand any change herein,provided that nothing herein shall prohibit the parties from changing the terms ofthe Memorandum ofUnderstanding by mutual agreement.

SEIU Local 1021- General Chapter 2009 - 2012-70-

ARTICLE 16 TERM OF MEMORANDUM

420. This Memorandum of Understanding shall become effective upon the approval ofthe Board of Trustees and shall remain in full effect to and including March 31,2012.

eanette Louden-Corbett R~Chief Human Resources Officer Labor Relations Director

SIGNED AND ENTERED INTO rms 8th DAY OF July, 2009

FOR ACMC:

Wright LassiterChief Executive Officer

Wanda WashingtonPharmacy Technician

L-,Ma<d6~Lenora BeersMedical Social Worker II

Susan Stofan

SE~/?!021;Staff ~

Uffi1Aittr~Charlotte Silver -AJ=-~'------'

CLSII ~

~

Gena BurnsFoo Service Worker

)

Steve ieserRadiology- Radiology Tech III

aisha McCullochFairmont SNF- CNA

~fL-

SEIU Local 1021- GeneralChapter 2009 - 2012-71-

Appendix A

SEW General Chapter Rates AprilS, 2009Job Code Descriotion Step1 Step 2 Step 3 Step 4 StepS Step 6 Step 7 Step 8 Step94658 Clinical Lab Scientist I - 33.50 35.03 36.57 38.21 40.13 42.13 43.19 -4658N Clinical LabScientist I (SAN) - - - - 35.03 36.80 38.63 - -4659 Clinical LabScientist II 36.16 37.71 39.40 41.22 43.01 45.17 47.43 48.61 -4659N Clinical LabScientist II(SAN) - - - - 39.40 41.38 43.43 - -4660 Clinical LabScientist ill 39.32 41.21 42.92 45.06 47.26 49.62 52.10 53.40 -4657 Clinical LabScientist,Trainee - - - - 24.71 25.94 27.25 27.94 -188 EligibilityClerk 20.25 21.15 21.97 23.05 23.97 24.45 - - -0188N Eligibility Clerk (SAN) - - - - 21.97 - - - -4683 Inhalation Therapy Aide 20.02 20.84 21.71 22.76 23.85 - - - -4683N Inhalation Therapy Aide (SAN) 21.02 21.88 22.79 23.89 25.04 - - - -4678 Occupational Therapist I 33.64 35.20 36.75 38.57 40.48 41.29 42.12 - -4678N Occuuational Therapist I (SAN) - - 42.27 - 46.54 - - - -4679 Occupational Therapist II 37.85 39.74 41.64 43.67 45.45 46.36 47.29 - -4670 Pharmacy Technician 22.20 23.17 24.13 25.31 26.38 26.90 - - -4670N Phannacv Technician (SAN) - - - - 26.38 - - - -4684 PhvsicalTherapist I 33.64 35.20 36.75 38.57 40.48 41.29 42.12 - -4084N Physical Theranlst I (SAN) - - 42.27 - 46.55 - - - -4685 Physical Therapist II 37.85 39.74 41.64 43.67 45.45 46.36 47.29 - -4669 Pulmonary Function Tecbnolog - - 34.77 36.41 38.15 40.05 42.06 - -7669 Pulmonary Function Technolog- 12 Hr - - 35.43 37.10 38.87 40.81 42.86 - -4664N RadiologyTechnoloeist (SAN) - - - - 32.67 - - - -4663 Radiology TechnologistI 30.71 - - - - - - - -4664 Radiology Technologist II 32.34 33.97 35.59 37.22 39.09 40.06 41.06 - -4758 Radiology Technologist ill 34.72 36.60 38.47 40.35 42.22 43.28 44.36 - -4665 Radiology Technologist IV 38.19 40.25 42.31 44.36 46.42 47.57 48.76 - -5831 Respiratory CarePract I 28.40 29.73 31.00 32.41 33.92 - - - -4682 Respiratory CarePract II 3\.20 32.56 34.07 35.65 37.32 38.09 38.84 - -7682 Resoiratorv CarePract II- 12 Hr 3\.79 33.18 34.72 36.33 38.Q2 38.81 39.58 - -4082N Respiratory CarePract IT (SAN) - - - - 37.32 - - - -5423 RegistRespiratory Therapist 32.91 34.35 35.92 37.60 39.36 40.17 40.96 - -8423 RegistRespiratory Therapist - 12 Hr 33.37 34.83 36.42 38.13 39.91 40.74 41.54 - -4681 SeniorRespiratory CarePract 34.56 36.09 37.73 39.49 41.35 42.17 43.02 - -7681 SeniorRescirarorvCarePract - 12 Hr 35.04 36.59 38.26 40.05 41.93 42.76 43.62 - -4751 Sonogranber I 36.79 38.05 - , - - - - -4752 SonoeranberII 39.94 4\.44 42.99 44.61 46.28 47.67 49.28 - .4752N Sonographer II(SAN) 45.13 - - - - - - - -4753 Sonograpber ill 41.54 43.10 44.70 46.39 48.13 49.57 51.42 53.81 56.324652 SurgicalTechnician 26.82 28.03 29.19 30.49 3\.87 - - - -4652N Surgical Technician (SAN) - - - - 29.19 - - - -4626 AccountClerk I 18.30 19.11 19.92 20.71 2\.72 - - - -4026N AccountClerk I (SAN) - - - - 18.14 - - - -4027 Account Clerk IT 19.61 20.39 21.37 22.24 23.22 - - - -4627N AccountClerk II(SAN) - - - - 2\.37 - - - -132 Accountant I - - 27.88 29.11 30.46 - - - -135 Accountant n 25.90 27.02 28.30 29.64 30.96 - - - -4716 Accountine Specialist 20.31 21.37 22.33 23.55 24.67 - - - -157 AccountsPayable ClerkI 19.21 20.06 20.93 2\.75 22.80 - - - -158 AccountsPayable Clerk n 20.59 21.39 22.44 23.36 24.37 - - - -4505 ActivitvTheranist 30.10 3\.51 32.88 34.43 36.12 - - - -4688 Acupuncturist 26.43 27.73 29.10 30.55 32.11 - - - -4621 Administrative Assistant 24.05 25.24 26.38 27.84 29.17 - - - -159 AnesthesiaTechnician 25.51 26.67 27.78 29.03 30.34 - - - -7520 AssistantCook 16.60 17.30 18.06 18.95 19.67 - - - -4687 Audiologist 37.85 39.74 41.64 43.67 45.45 - - - -1491 BillingTechnician I 19.33 20.23 20.98 2\.94 22.92 - - - -4629 BillingTechnician II 20.50 2\.42 22.36 23.32 24.35 - - - -4030 Billing Technician ill 22.17 23.17 24.23 25.28 26.28 - - - -4010 Buverl - - 21.86 23.51 24.56 - - - -

SElU Loca11021-Genera1 Chapter 2009-2012.,72-

SEIU General Chapter Rates AprilS, 2009JobCode Description Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step94724 Buver II 26.93 28.07 29.50 30.81 32.21 - - - -4671 Cardiolvascular Technician I - 27.09 28.42 29.86 31.36 - - - -4672 Cardiovascular Technician II 34.09 35.82 37.59 39.48 41.44 - - - -4634N Central Supply TechI(SANl - - - - 20.62 - - - -4635N Central SupplyTech II(SAN) - - - - 22.31 - - - -4636N Central Supply Tech Ill (SAN) - - - - 24.04 - - - -4634 Central SupolyTechnician I 18.72 19.16 19.64 20.15 20.65 - - - -4635 Central Supply Technician II 2023 20.74 21.25 21.79 22.33 - - - -4636 Central SupplyTechnician m 21.79 22.33 22.90 23.45 24.05 - - - -5850 Cerebral PalsvTherapst (Oce) 34..14 35.77 37.45 3927 41.25 - - - -5860 Cerebral PalsyTherapst (phys) 34.14 35.77 37.45 39.27 41.25 - - - -161 Certified Diabetic Educator 30A3 31.90 33.55 3526 40.59 - - - -4614 Clerk I - 17.72 18.42 19.32 20.14 - - - -4614N Cleek 1 (SAN) - - - - 18.42 - - - -4615 Clerk II - 20.14 20.89 21.84 22.68 - - - -4615N Clerk 11(SAN) - - - - 20.73 - - - -4625N ClerkIntermittent I (SAN) - - - - 18.73 - - - -1297N ClerkIntermittentII(SAN) 17.19 18.00 18.73 19.49 20.27 - - - -4544 ClinicalPharmacist Specialist 52.54 55.17 57.92 60.84 63.86 - - - -4690 ClinicalPsvcholozist - - 40.98 43.01 44.96 - - - -4690N Clinical Psychologist (SAN) - - - - 39.03 - - - -6305N Clinical Psvcbclceist Trainee (SAN) - - - - 21.13 - - - -5556 ClinicalResearch Associate 29.88 31.37 32.95 34.60 36.32 - - - -4701 Community Outreach Worker 22.37 23.38 24.35 25.49 26.66 - - - -463.8 Computer Ooerator I 19.41 20.25 21.19 22.12 23.06 - - - -4638N ComputerOperatorI (SAN) - - - - 21.18 - - - -1812 Comourcr QoeratorII 21.73 22.74 23.67 24.75 25.80 - - - -4706 Cook - 20.21 21.12 22.08 22.96 - - - -4706N Cook (SANi - - - - 21.10 - - - -153 Credentials Specialist 25.47 26.77 27.95 29.51 30.91 - - - -1805 DataEntry Operator 19.20 20.14 20.89 21.84 22.67 - - - -4620 DataInput Clerk 19.20 20.14 20.89 21.84 22.68 - - - -1809 DataProcessing TechI 16.30 17-09 17.97 18.94 19.78 - - - -1810 DataProcessing TechII 17.28 18.14 19.05 19.98 21.02 - - - -4653 Dental Assistant 21.53 22.48 23.37 24.49 25.50 - - - -5779 Dental Hygienist 25.93 27.20 28.40 29.87 31.22 . - - -4654 Diet Clerk 20.29 21.15 22.00 23.04 23.94 - - - -4654N Diet Clerk SAN) 21.30 22.21 23.10 24.19 25.13 - - - -5535 Dietitian I - - 28.25 29.56 31.08 - - - -5535N Dietitian I(SAN) - - 29.66 31.04 32.63 - - - -4656 DietitianIT 31.08 32.52 34.09 35.67 37.31 - . - -4667 Electrocardiograph Tech 22.25 23.16 24.25 2528 26.42 - - - -5741 Electroencephalograph TechI 21.95 22.91 23.87 24.95 25.98 - - - -4666 Electroencephalograph TechIT 23.81 24.56 25.90 27.Q3 28.15 - - - -0189N EIUribilitv Scecialist I (SAN) - - - - 24.41 . - - -190 Eligibility Specialist II 22.41 23.42 24.41 25.63 26.73 - - - -0190N Eligibility Soecialist II (SAN) - - - - 25.63 - - - -191 EligibilitySpecialist m 25.10 26.18 27.44 28.59 30.00 - - - -0191N Eligibility Specialist ill (SAN) - - - - 28.80 ,- - - -189 Eligibility Specialist I 21.39 2229 23.25 24.30 25.36 - - - -4704 FoodService Worker - 19.23 20.21 21.04 21.81 - - - -4704N FoodServiceWorker (SAN) - - - - 20.21 - - - -7205 GardenerI 20.60 21.41 22.44 23.44 24.50 - - - -7210 GardenerIT 23.58 24.72 25.68 26.97 28.17 - - - -4673 Health Educator I - 22.69 23.63 24.70 25.82 - - - -4674 Health Educator IT - - 28.35 29.74 31.14 - - - .-7675 Health Educator m - 32.37 33.18 34.01 34.86 - - - -4715 Health Services Trainee 15.31 15.99 16.64 17.45 18-07 - - - -

SEIULnca11021-Gen=1 Chapter 2009-2012-73-

SEW General Chapter Rates April5, 2009JobCode Descrinticn Step 1 Step 2 Step 3 Step 4 Step5 Step 6 Step 7 Step 8 Step 95575 Histotechnologist 27.15 28.43 29.74 31.06 32.37 - - - -4708 Hospital Maintenance Porter 18.49 19.28 20.21 21.12 22.10 - - - -4708N Hospital Maintenance Porter (SAN) - - - - 20.21 - - - -4707 Housekeeping Worker - 18.82 19.67 20.49 21.46 - - - -4707N Housekeeping Worker (SAN) - - - - 19.65 - - - -4646 Infection Control Practitioner 35.38 36.32 37.34 38.98 40.69 41.48 42.35 - -410 Information SystemsTechI 19.01 20.01 20.95 21.98 23.04 - - - -4611 Information Systems TechIT 23.13 24.27 25.41 26.80 28.07 - - - -199 Interpreter Svcs Dispatcher 20.74 21.81 23-04 24.24 25.45 - - - -4711 Laboratory Assistant I 19.20 20.00 20.93 21.74 22.66 - - - -4711N Laboratory Assistant I (SAN) - - - - 20.91 - - - -4712 Laboratory Assistant II 20.49 21.45 22.27 23.29 24.26 - - - -4713 Laboratorv Assistant ill 21.92 22.69 23.76 24.77 25.96 - - - -5550 Laboratory Technician 23.75 24.83 26.00 27.20 28.48 - - - -4710 Laundry ServiceWorker 17.26 18.06 18.91 19.64 20.44 - - - -4616 LeadClerk 20.25 21.15 21.97 23.05 23.97 - - - -7415 LeadJanitor 19.27 20.06 21.05 21.96 22.96 - - - -1217 LeadMedicalTranscriotionist - 25.15 26.24 27.39 28.65 - - - -4723 Library Assistant I 22.83 23.84 25.01 26.11 27.13 - - - -4639 Library Assistant II 22.43 23.41 24.30 25.51 26.59 - - - -4612 Library Clerk II - 20.14 20.89 21.84 22.67 - - - -4651 Licensed Vocational Nurse 25.65 26.27 26.90 27.51 28.20 28.75 29.35 - -4651N Licensed Vocational Nurse(SAN) 27.76 28.21 28.65 29.19 29.63 30.24 30.83 - -5421N LVN IV CERT (SAN) 28.65 29.11 29.53 30.08 30.53 31.12 31.73 - -5421 LVNIV Certified 26.55 27.17 27.80 28.40 29.09 29.66 30.25 - -8421 LVNIV Certified- 12 He 27.87 28.51 29.17 29.81 30.53 31.12 31.74 - -4757 Mamma/Quality Assurance Tech 38.56 40.64 42.71 44.79 46.87 - - - -4757N MammolOuality Assurance Tech (SANl 44.85 - - - - - - - -6496 MarriaeeIFam ChildCounsI - 32.37 33.70 35.28 37.11 - - - -4696 MarriageIFam ChildCouns II - 35.28 37.11 38.86 40.65 - - - -4696N MarriagelFam ChildCounsII(SAN) - - - - 40.65 - - - -4901 Medical Assistant 20.11 20.97 21.83 22.69 23.79 - - - -490lN MedicalAssistant (SAN) - - - - 22.92 - - - -4617 Medical Clerk 19.95 20.83 21.67 22.69 23.61 - - - -7617 MedicalClerk - 12Hr 20.94 21.86 22.75 23.82 24.78 - - - -4617N Medical Clerk(SAN) - - - - 21.67 - - - -4628 Medical Records Technician 21.87 22.89 23.79 24.92 25.91 - - - -4691 Medical SocialWorker! - 32.08 33.62 35.12 36.79 - - - -4692 Medical Social Worker II - 35.12 36.79 38.50 40.29 - - - -4692N Medical Social Worker II(SAN) - - - - 36.80 - - - -4623 Medical Transcriptionist - 22.96 23.92 24.98 26.07 - - - -4623N Medical Transcriptionist (SAN) - - - - 23.92 - - - -1160 Medical Translator I - - 21.10 22.12 22.90 - - - -4622 Medical Translator Il 21.35 22.46 23.74 24.97 26.21 - - - -4622N MedicalTranslator Il(SANJ - - - - 23.67 - - - -5126 MedTranslatorlInteroreter ill 21.98 23.13 24.45 25.71 27.00 - - - -6490 Mental Health Snecialist I 19.61 20.51 21.35 22.23 23.28 - - - -4693 Mental HealthSpecialist II - 22.44 23.42 24.52 25.63 - - - -4693N Mental Health Specialist II(SAN) - - - - 23.41 - - - -4694 Mental HealthSnecialistill 24.61 25.65 26.80 28.05 29.26 - - - -4613 Messenger 18.06, 18.87 19.61 20.52 21.31 - - - -4613N Messenger(SAN) - - - - 19.61 - - - -4714 Morace Attendant 18.03 18.95 19.75 20.57 21.52 - - - -4756 MRITech 36.67 38.11 39.54 40.97 42.60 44.31 46.08 48.38 50.784756N MRl Tech (SAN) 41.52 - - - - - - - -4649 NursingAssistant 19.35 20.20 21.02 21.87 22.91 - - - -7649 NursingAssistant - 12 Hr 20.31 21.20 22.06 22.95 24.04 - - - -4649N NursineAssistant (SAN) 20.96 21.68 22.70 23.75 24.78 - - - -

SEIU Local 1021-GeneralChapter 2009- 2012-74-

SEIU General Chapter Rates AprilS, 2009JobCode Description Step 1 Step2 Step3 S,ep4 Step S Step S Step 7 Step 8 S,ep9

4655 Nutrition Assistant 22.91 23.87 24.89 26.06 27.\8 - - - -4655N Nutrition Assistant (SAN) 24.05 25.06 26.13 27.36 28.54 - - - -4675 Nutritionist 30.08 31.37 32.95 34.47 36.11 - - - -4677 Occupational Therapy Aide 20.57 21.32 22.36 23.33 24.42 - - - -5806 Occupational Therapy Assistant 24.73 25.72 26.74 27.83 28.96 - - - -4650 Orthopedic Technician 20.24 21.04 21.92 22.96 24.10 - - - -4650N Orthopedic Technician (SAN) - - - - 24.15 - - - -1461 Patient Services Coordinator 24.54 25.79 27.06 28.43 29.85 - - - -4632 Patient Services TechI 21.39 22.29 23.25 24.30 25.36 - - - -4633 Patient Services TechII 22.41 23.42 24.41 25.63 26.73 - - - -4631 Patient Services Techm 25.10 26.18 27.43 28.59 30.00 - - - -4618 Payroll Records Clerk 22.24 23.23 24.09 25.24 26.28 - - - -4540 Pharmacist 49.48 51.70 54.42 56.94 59.80 - - - -4540N Pharmacist (SAN) - - - - 59.80 - - - -4680 Physical Therapy Aide 20-57 21.32 22.36 23.33 24.42 - - - -4680N Physical Therapy Aide (SAN) 22.23 23.02 24.14 25.19 26.37 - - - -5823 Physical Therapy Assistant 24.73 25.72 26.74 27.83 28.96 - - - -1825 Programmer Analv:st 33.05 34.61 36.17 37.93 39.74 - - - -1821 Programmer I 26.91 28.16 29.30 30.73 32.22 - - - -1823 Programmer IT 3US 32.68 34.20 35.87 37.51 - - - -1819 Programming Technician I - - 22.32 23.42 24.62 - - - -1820 Programming Technician IT - - 24.05 25.19 26.28 - - - -4697 Psychiatric SocialWorker I - 32.37 33.70 35.28 37.11 - - - -4698 Psychiatric SocialWorker II - 35.28 37.11 38.86 40.65 - - - -4698N Psychiatric SocialWorker II(SAN) - - - - 40.65 - - - -4668N Psychiatric Technician(SAN) - - - - 28.75 - - - -4668 Psychiatric Tecnician - 25.18 26.28 27.52 28.75 - - - -4689 PublicHealth Nursing Assistan \9.07 19.90 20.73 21.57 22.60 - - - -6831 Recreation Assistant 20.22 21.21 22.3\ 23.41 24.42 - - - -5890 Recreation Therapist I - 28.92 30.10 31.51 32.88 - - - -4699 Rehabilitation Counselor I 30.99 32.37 33.70 35.28 37.11 - - - -4700 Rehabilitation Counselor IT 33.70 35.28 37.11 38.86 40.65 - - - -4700N Rehabilitation Counselor IT (SAN) - - 37.11 38.86 40.65 - - - -4624 Secretary I 20.89 21.85 22.85 23.83 24.88 - - - -4705 SeniorFoodServiceWorker 19.42 20.24 20.99 21.92 2286 - - - -4709 SeniorHosnital MaintPorter 19.40 20.24 21.23 22.14 23.13 - - - -6710 SocialWorker I 24.25 25.33 26.44 27.63 28.94 - - - -4702 Social WorkerII 26.43 27.63 28.93 30.20 31.46 - - - -6720 Social Worker m 27.03 28.40 29.82 31.30 32.87 - - - -6705 Social Worker Trainee - - - - 22.83 - - - -1842 Software Analvst 34.65 36.23 37.93 39.77 41.67 - - . -\840 Software AnalystI 29.55 31.04 32.60 34.21 35.95 - - - -1839 SoftwareAnalystTrainee 26.98 28.32 29.74 31.20 32.77 - - - -4619 SpecialistClerk 19.95 20.83 21.67 22.69 23.61 - - - -4619N Specialist Clerk(SAN) - - - - 20.84 - - - -5874 SpeechPathologist I 33.64 35.20 36.75 38.57 40.48 - - - .4686 Speech Pathologist IT 37.85 39.74 41.64 43.68 45.45 - - - -4686N Soeech Parboloefst IT (SANl - - - - 41.64 - - - -1205 Stenographer I - 18.02 \8.83 19.60 20.41 - - - -1205N Stenographer I (SAN) - - - - 18.27 - - - -1210 Stenographer IT - - 21.19 22.13 23.05 - - - -1210N Stenographer IT (SAN) - - - - 21.81 - - - -4695 Substance AbuseCounselor 22.37 23.38 24.35 25.49 26.66 - - - -4695N Substance AbuseCounselor(SAN) - - - - 24.35 - - - -1705 SupplyClerkI 18.38 19.16 20.12 20.92 21.89 - - - -1705N SUDDly Clerk I SAN) - - - - 20.12 - - - -4637 SupplyClerk II 18.74 19.50 20.43 21.42 22.39 - - - -1710N Supply Clerk n SAN) - - - - 20.43 - - - -

SEIU Locall021-GeneraIChapter 2009-2012-75-

SEW General Chapter Rates AprilS, 2009Job Code Description Step 1 Step2 Step 3 Step 4 StepS Step 6 Step? StepS Step 9138 Switchboard~r - 20.13 21.51 22.49 23.36 - - - -9280 Telecommunciations Tech 30.17 31.55 33.04 34.52 36.25 - - - -1212 Transcriptionist - - 21.69 22.67 23.63 - - - -1212N Transcriptionist (SAN) - - - - 22.63 - - - -4905 Transportation Program Worker - 18.82 19.67 20.49 21.46 - - - -4720 Transportation Worker - 18.82 19.67 20.49 21.46 - - - -5422 Vascular Technologist 32.46 34.09 35.78 37.58 39.44 - - - -4703 Vocational ServicesSpecII 24.73 25.82 26.94 28.15 29.53 - - - -

SEIULo<:a11021- General Chapter 2009-2012-76-

SEIU General Chapter Rates June 12,2009JobCode Description Sten 1 Step2 Sten3 Step 4 StepS Step 6 Steu7 Sten 8 Steu94658 Clinica1l.ab Scientist I - 33.50 35.03 36.57 38.21 40.13 42.13 43.19 -4658N ClinicalLabScientist I (SAN) - - - - 35.03 36.80 38.63 - -4659 ClinicalLabScientist IT 36.16 37.71 39.40 41.22 43.01 45.17 47.43 48.61 -4659N Clinical LabScientist Il (SAN) - - - - 39.40 41.38 43.43 - -4660 Clinical LabScientist ill 39.32 41.21 42.92 45.06 47.26 49.62 5210 53.40 -4657 ClinicalLabScientist.Trainee - - - - 24.71 25.94 27.25 27.94 -188 EligibilityClerk 20.25 21.15 21.97 23.05 23.97 24.45 - - -0188N EligibilityClerk (SAN) - - - - 21.97 - - - -4683 Inhalation Therapy Aide 20.02 20.84 21.71 22.76 23.85 - - - -4683N Inhalation Therapy Aide (SAN) 21.02 21.88 22.79 23.89 25.04 - - - -4678 Occupational Therapist 1 33.64 35.20 36.75 38.57 40.48 41.29 42.12 - -4678N Occupational Therapist I (SAN) - - 42.27 - 46.54 - - - -4679 Occupational Theranist II 37.85 39.74 41.64 43.67 45.45 46.36 47.29 - -4670 Pharmacy Technician 22.20 23.17 24.13 25.31 26.38 26.90 - - -4670N Pharmacy Technician (SAN) - - - - 26.38 - - - -4684 Physical Therapist I 33.64 35.20 36.75 38.57 40.48 41.29 42.12 - -4684N Physical Therapist I (SAN) - - 42.27 - 46.55 - - - -4685 Physical Therapist II 37.85 39.74 41.64 43.67 45.45 46.36 47.29 - -4669 Pulmonary Function Technolog - 34.77 36.41 38.15 40.05 42.06 - -7669 PulmonarvFunction Tecbnolog - 12 Hr - - 36.49 38.21 40.04 42.03 44.15 - -4664N Radiology Technologist (SAN) - - - - 32.67 - - - -4663 RadiologyTechnologistI 30.71 - - - - - - - -4664 RadiologyTechnologist II 32.34 33.97 35.59 37.22 39.09 40.06 41.06 - -4758 RadiologyTechnologistill 34.72 36.60 38.47 40.35 42.22 43.28 44.36 - -4665 RadiologyTechnologist IV 38.19 40.25 42.31 44.36 46.42 47.57 48.76 - -5831 Resoiratory Care Pract I 28.40 29.73 31.00 32.41 33.92 - - - -4682 Respiratory Care Pract II 31.20 32.56 34.07 35.65 37.32 38.09 38.84 - -7682 RespiratoryCare Pract II- 12 Hr 32.74 34.17 35.76 37.42 39.16 39.97 40.76 - -4682N Respiratory Care Pract II- 12 Hr (SAN - - - - 37.32 - - - -5423 RegistRespiratory Therapist 32.91 34.35 35.92 37.60 39.36 40.17 40.96 - -8423 RegistRespiratory Therapist - 12 Hr 34.37 35.88 37.51 39.27 41.11 41.96 42.78 - -4681 SeniorRespiratory CarePract 34.56 36.09 37.73 39.49 41.35 42.17 43.02 - -7681 SeniorRespiratory CarePract - 12 Hr 36.09 37.69 39.40 41.25 43.19 44.04 44.93 - -4751 Scnceraeber 1 36.79 38.05 - - - - - - -4752 Scnographer IT 39.94 41.44 42.99 44.61 46.28 47.67 49.28 - -4752N Scnoeracber II(SAN) 45.13 - - - - - - - -4753 Sonographer III 41.54 43.10 44.70 46.39 48.13 49.57 51,42 53.81 56.324652 Surgical Technician 26.82 28.03 29.19 30.49 31.87 - - - -4652N Surgical Technician (SAN) - - - 29.19 - - - -4626 Account Clerk I 18.30 19.11 19.92 20.71 21.72 - - - -4626N AccountClerk I (SAN) - - - - 18.14 - - - -4627 AccountClerk II 19.61 20.39 21.37 22.24 23.22 - - - -4627N AccountClerk n(SAN) - - - - 21.37 - - - -132 Accountant I - - 27.88 29.11 30.46 - - - -135 Accountant n 25.90 27.02 28.30 29.64 30.96 - - - -4716 Accounting Specialist 20.31 21.37 22.33 23.55 24.67 - - - -157 AccountsPayable ClerkI 19.21 20.06 20.93 21.75 22.80 - - - -158 AccountsPayable ClerkIl 20.59 21.39 22.44 23.36 24.37 - - - -4505 ActivityTherapist 30.10 31.51 32.88 34.43 36.12 - - - -4688 Acupuncturist 26.43 27.73 29.10 30.55 32.11 - - - -4621 Administrative Assistant 24.05 25.24 26.38 27.84 29.17 - - - -159 Anesthesia Technician 25.51 26.67 27.78 29.03 30.34 - - - -7520 Assistant Cook 16.60 17.30 18.06 18.95 19.67 - - - -4687 Audiologist 37.85 39.74 41.64 43.67 45.45 - - - -1491 BillingTechnicianI 19.33 20.23 20.98 21.94 22.92 - - - -4629 Billine: Technician n 20.50 21.42 22.36 23.32 24.35 - - - -4630 BillingTechnician ill 22.17 23.17 24.23 25.28 26.28 - - - -4610 BuyerI - - 21.86 23.51 24.56 - - - -

SElU lo<:al1021-GeneralChapter 2009-2012-77-

SEIU General Chapter Rates June 12, 2009Job Code Description Step 1 SteD2 Steu 3 Step 4 Step5 Step6 Step 7 Step 8 Step 94724 BuyerIT 26.93 28.07 29.50 30.81 32.21 - - - -4671 CardiolvasculerTechnician I - 27.09 28.42 29.86 31.36 - - - -4672 Cardiovascular Technician IT 34.09 35.82 37.59 39.48 41.44 - - - -4634N Central Supply TechI (SAN) - - - - 20.62 - - - -4635N Central SUDDly TechIT (SAN) - - - - 22.31 - - - -4636N Central SupplyTech m (SAN) - - - - 24.04 - - - -4634 Central Supply Technician I 18.72 19.16 19.64 20.15 20.65 - - - -4635 Central SupplyTechnician IT 20.23 20.74 21.25 21.79 22.33 - - - -4636 Central Supply Technician III 21.79 22.33 22.90 23.45 24.05 - - - -5850 Cerebral PalsyTherapst(Occ) 34.14 35.77 37.45 39.27 41.25 - - - -5860 Cerebral PalsyTherapst (phys) 34.14 35.17 37.45 39.27 41.25 - - - -161 Certified Diabetic Educator 30.43 31.90 33.55 35.26 40.59 - - - -4614 CIeri< I - 17.72 18.42 19.32 20.14 - - - -4614N Clod< I (SAN) - - - - 18.42 - - - -4615 Clerk IT - 20.14 20.89 21.84 22.68 - - - -4615N Clerk II (SAN) - - - - 20.73 - - - -462SN Clerk Intermittent I (SAN) - - - - 18.73 - - - -1297N Clerk Intermittent IT (SAN) 17.19 18.00 18.73 19.49 20.27 - - - -4544 ClinicalPharmacist Specialist 5254 55.17 57.92 60.84 63.86 - - - -4690 ClinicalPSYChologist - - 40.98 43.01 44.96 - - - -4690N ClinicalPsychologist (SAN) - - - - 39.Q3 - - - -6305N ClinicalPsychologist Trainee (SAN) - - - - 21.13 - - - -5556 ClinicalResearch Associate 29.88 31.37 32.95 34.60 36.32 - - - -4701 Community Outreach Worker 22.37 23.38 24.35 25.49 26.66 - - - -4638 Computer Operator I 19.41 20.25 21.19 22.12 23.06 - - - -4638N ComputerOperator I (SAN) - - - - 2U8 - - - -1812 Computer Operator IT 21.73 22.74 23.67 24.75 25.80 - - - -4706 Cook - 20.21 2I.l2 22.08 22.96 - - - -4706N Cook (SAN) - - - - 21.10 - - - -153 Credentials Specialist 25.47 26.77 27.95 29.51 30.91 - - - -1805 DataEntry Operator 19.20 20.14 20.89 21.84 22.67 - - - -

. 4620 DataInput Clerk 19.20 20.14 20.89 21.84 22.68 - - - -1809 DataProcessing TechI 16.30 17.09 17.97 18.94 19.78 - - - -1810 DataProcessing TechIT 17.28 18.14 19.05 19.98 21.02 - - - -4653 Dental Assistant 21.53 22.48 23.37 24.49 25.50 - - - -5779 DentalHvgienist 25.93 27.20 28.40 29.87 31.22 - - - -4654 Diet Clerk 20.29 2I.l5 22.00 23.04 23.94 - - - -4654N Diet Clerk(SAN) 21.30 22.21 23.10 24.19 25.13 - - - -5535 DietitianI - - 28.25 29.56 31.08 - - - -5535N DietitianI (SAN) - - 29.66 31.04 32.63 - - - -4656 Dietitian II 31.08 32.52 34.09 35.67 37.31 - - - -4667 ElectrocardiozrachTech 2225 23.16 24.25 25.28 26.42 - - - -5741 Electroencephalograph TechI 21.95 22.91 23.87 24.95 25.98 - - - -4666 Electroencephalograph TechIT 23.81 24.56 25.90 27.03 28.15 - - - -0189N EligibilitySpecialist I'(SAN) - - - - 24.41 - - - -190 EligibilitySpecialist IT 22.41 23.42 24.41 25.63 26.73 - - - -0190N EligibilitySpecialist II(SAN) - - - - 25.63 - - - -191 EligibilitySpecialist III 25.10 26.18 27.44 28.59 30.00 - - - -0191N EligibilitySpecialist III (SAN) - - - - 28.80 - - - -189 EligibilitySpecialist I 21.39 22.29 23.25 24.30 25.36 - - - -4704 FoodServiceWorker - 19.23 20.21 21.04 21.81 - - - -4704N FoodServiceWorker(SAN) - - - - 20.21 - - - -7205 Gardener I 20.60 21.41 22.44 23.44 24.50 - - - -7210 GardenerU 23.58 24.72 25.68 26.97 28.17 - - - -4673 HealthEducator I - 22.69 23.63 24.70 25.82 - - - -4674 HealthEducator U - - 28.35 29.74 31.14 - - - -7675 HealthEducator III - 32.37 33.18 34.01 34.86 - - - -4715 Health ServicesTrainee 15.31 15.99 16.64 17.45 18.07 - - - -

SEIU Local lOll-General Chapter 2009-2012

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SElU General Chapter Rates June 12, 2009JobCode Description Step 1 Step 2 Step3 Step4 StepS Step 6 Step? Step8 Step 95575 Histotechnologist 27.15 28.43 29.74 31.06 32.37 - - - -4708 Hospital Maintenance Porter 18.49 19.28 20.21 21.12 22.10 - - - -4708N Hospital Maintenance Porter (SAN) - - - - 20.21 - - - -4707 Housekeeping Worker - 18.82 19.67 20.49 21.46 - - - -4707N Housekeeping Worker (SAN) - - - - 19.65 - - - -4646 Infection Control Practitioner 35.38 36.32 37.34 38.98 40.69 41.48 42.35 - -410 Information SYStems TechI 19.01 20.01 20.95 21.98 23.04 - - - -4611 Information SystemsTechII 23.13 24.27 25.41 26.80 28.07 - - - -199 Interpreter SvcsDispatcher 20.74 21.81 23.04 24.24 25.45 - - - -4711 Laboratory Assistant I 19.20 20.00 20.93 21.74 22.66 - - - -4711N Laboratory Assistant I (SAN) - - - - 20.91 - - - -4712 Laboratory Assistant II 20.49 21.45 22.27 23.29 24.26 - - - -4713 Laboratory Assistant III 21.92 22.69 23.76 24.77 25.96 - - - -5550 Laboratory Technician 23.75 24.83 26.00 27.20 28.48 - - - -4710 Laundry Service Worker 17.26 18.06 18.91 19.64 20.44 - - - -4616 Lead Clerk 20.25 21.15 21.97 23.05 23.97 - - - -7415 LeadJanitor 19.27 20.06 21.05 21.96 22.96 - - - -1217 LeadMedical Transcriptionist - 25.15 26.24 27.39 28.65 - - - -4723 Library Assistant J 22.83 23.84 25.01 26.11 27.13 - - - -4639 Library Assistant IT 22.43 23.41 24.30 25.51 26.59 - - - -4612 Librarv Clerk II - 20.14 20.89 21.84 22.67 - - -4651 Licensed Vocational Nurse 25.65 26.27 26.90 27.51 28.20 28.75 29.35 - -4651N Licensed Vocational Nurse(SAN) 27.76 28.21 28.65 29.19 29.63 30.24 30.83 - -5421N LVN IV CERT (SAN) 28.65 29.11 29.53 30.08 30.53 31.12 31.73 - -5421 LVN IV Certified 26.55 27.17 27.80 28.40 29.09 29.66 30.25 - -8421 LVNIVCertified-12Hr 28.70 29.37 30.05 30.70 31.44 32.06 32.70 - -4757 Mamma/Quality Assurance Tech 38.56 40.64 42.71 44.79 46.87 - - - -4757N Mamma/Quality Assurance Tech (SAN) 44.85 - - - - - - - -6496 Marriage/Fam ChildCounsI - 32.37 33.70 35.28 37.11 - - - -4696 MarriagelFam ChildCounsII - 35.28 37.11 38.86 40.65 - - - -4696N MarriagelFam ChildCounsII(SAN) - - - - 40.65 - - - -4901 MedicalAssistant 20.11 20.97 21.83 22.69 23.79 - - - -490lN MedicalAssistant(SAN) - - - - 22.92 - - - -4617 MedicalClerk; 19.95 20.83 21.67 22.69 23.61 - - - -7617 MedicalClerk - 12Hr 21.56 22.51 23.43 24.53 25.53 - - - -4617N Medical Clerk (SAN) - - - - 21.67 - - - -4628 MedicalRecords Technician 21.87 22.89 23.79 24.92 25.91 - - - -4691 Medical Social Worker I - 32.08 33.62 35.12 36.79 - - - -4692 Medical Social Worker II - 35.12 36.79 38.50 40.29 - - - -4692N Medical SocialWorker IT (SAN) - - - - 36.80 - - - -4623 Medical Transcriptionist - 22.96 23.92 24.98 26.07 - - - -4623N MedicalTranscriptionist (SAN) - - - - 23.92 - - - -1160 Medical Translator I - - 21.10 22.12 22.90 - - - -4622 Medical Translator IT 21.35 22.46 23.74 24.97 26.21 - - - -4622N Medical Translator IT (SAN) - - - - 23.67 - - - -5126 MedTranslatorlInterpreter ill 21.98 23.13 24.45 25.71 27.00 - - - -6490 Mental Health Specialist I 19.61 20.51 21.35 22.23 23.28 - - - -4693 Mental Health Snecialist II - 22.44 23.42 24.52 25.63 - - - -4693N MentalHealthSpecialist IT (SAN) - - - - 23.41 - - - -4694 Mental Health Specialist m 24.61 25.65 26.80 28.05 29.26 - - - -4613 Messenger 18.06 18.87 19.61 20.52 21.31 - - - -4613N Messenger (SAN) - - - - 19.61 - - - -4714 Morgue Attendant ·18.03 18.95 19.75 20.57 21.52 - - - -4756 MRlTech 36.67 38.11 39.54 40.97 42.60 44.31 46.08 48.38 50.784756N MlU Tech (SAN! 41.52 - - - - - - - -4649 NursingAssistant 19.35 20.20 21.02 21.87 22.91 - - - -7649 NursingAssistant - 12 Hr 20.92 21.84 22.72 23.64 24.76 - - - -4649N NursinzAssistant (SAN) 20.96 21.68 22.70 23.75 24.78 - - - -

SElU Local 1021- General Chapler 2009 - 20 12-79-

SEW General Chapter Rates June 12,2009JobCode Description Step 1 Step2 Step 3 Step 4 Step 5 Step 6 Step? Step 8 Step 9

4655 Nutrition Assistant 22.91 23.87 24.89 26.06 27.18 - - - -4655N Nutrition Assistant (SAN) 24.05 25.06 26.13 27.36 28.54 - - - -4675 Nutritionist 30.08 31.37 32.95 34.47 36.11 - - - -4677 Occupational Therapy Aide 20.57 21.32 22.36 23.33 24.42 - - - -5806 Occuoational TherapyAssistant 24.73 25.72 26.74 27.83 28.96 - - - -4650 Orthopedic Technician 20.24 21.04 21.92 22.96 24.10 - - - -4650N Orthopedic Technician (SAN) - - - - 24.15 - - - -1461 Patient ServicesCoordinator 24.54 25.79 27.06 28.43 29.85 - - - -4632 Patient ServicesTechI 21.39 22.29 23.25 24.30 25.36 - - - -4633 Patient ServicesTechII 22.41 23.42 24.41 25.63 26.73 - - - -4631 Patient ServicesTechill 25.10 26.18 27.43 28.59 30.00 - - - -4618 Pavrcll Records Clerk 22.24 23.23 24.09 25.24 26.28 - - - -4540 Pbannacist 49.48 51.70 54.42 56.94 59.80 - - - -4540N Pbannacist (SAN) - - - - 59.80 - - - -4680 Physical Therapy Aide 20.57 21.32 22.36 23.33 24.42 - - - -4680N Physical Therapy Aide (SAN) 2223 23.02 24.14 25.19 26.37 - - - -5823 Physical Theraoy Assistant 24.73 25.72 26.74 27.83 28.96 - - - -1825 Programmer Analyst 33.05 34.61 36.17 37.93 39.74 - - - -1821 ProerammerI 26.91 28.16 29.30 30.73 32.22 - - - -1823 Programmer IT 31.18 32.68 34.20 35.87 37,51 - - - -1819 Programming Technician I - - 22.32 23.42 24.62 - - - -1820 Programming Technician IT - - 24.05 25.19 26.28 - - - -4697 Psychiatric Social Worker I - 32.37 33.70 35.28 37.11 - - - -4698 Psychiatric SocialWorker n - 35.28 37.11 38.86 40.65 - - - -4698N Psychiatric SocialWorker IT (SAN) - - - - 40.65 - - - -4668N Psychiatric Technician (SAN) - - - - 28.75 - - - -4668 Psychiatric Tecnician - 25.18 26.28 27.52 28.75 - - - -4689 PublicHealth NursinzAssistan 19.07 19.90 20.73 21.57 22.60 - - - -6831 Recreation Assistant 20.22 21.21 22.31 23.41 24.42 - - - -5890 Recreation Therapist I - 28.92 30.10 31.51 32.88 - - - -4699 Rehabilitation Counselor I 30.99 32.37 33.70 35.28 37.11 - - - -4700 Rehabilitation Counselor II 33.70 3528 37.11 38.86 40.65 - - - -4700N Rehabilitation Counselor II(SAN) - - 37.11 38.86 40.65 - - - -4624 Secretary I 20.89 21.85 22.85 23.83 24.88 - - - -4705 SeniorFoodServiceWorker 19.42 20.24 20.99 21.92 22.86 - - - -4709 SeniorHospital Maint Porter 19.40 20.24 21.23 22.14 23.13 - - - -6710 Social Worker I 24.25 25.33 26.44 27.63 28.94 - - - -4702 Social Worker II 26.43 27.63 28.93 30.20 31.46 - - - -6720 Social Worker ill 27.03 28.40 29.82 31.J0 32.87 - - - -6705 SocialWorker Trainee - - - - 22.83 - - - -1842 Software Analyst 34.65 36.23 37.93 39.77 41.67 - - - -1840 Software Analyst I 29.55 31.04 32.60 34.21 35.95 - - - -1839 Software Analyst Trainee 26.98 28.32 29.74 3120 32.77 - - - -4619 SpecialistClerk 19.95 20.83 21.67 22.69 23.61 - - - -4619N SpecialistClerk (SAN) - - - - 20.84 - - - -5874 SpeechPathologist I 33.64 35.20 36.75 38.57 40.48 - - - -4686 SpeechPathologist II 37.85 39.74 41.64 43.68 45.45 - - - -4686N SneecbPathologist II(SAN) - - - - 41.64 - - - -1205 Stenographer I - 18.02 18.83 19.60 20.41 - - - -1205N Stenograoher I (SAN) - - - - 18.27 - - - -1210 Stenographer II - - 21.19 22.13 23.05 - - - -1210N Stenographer II(SAN) - - - - 21.81 - - - -4695 Substance AbuseCounselor 22.37 2J.38 24.35 25.49 26.66 - - - -4695N Substance AbuseCounselor (SAN) - - - - 24.35 - - - -1705 Supolv Clerk I 18.38 19.16 20.12 20.92 21.89 - - - -1705N SupplyClerk I (SAN> - - - - 20.12 - - - -4637 Supply Clerk II 18.74 19.50 20.43 21.42 22.39 - - - -1710N Supply Clerk II (SAN) - - - - 20.43 - - - -

SEIULocal1021-GenemIChapter 2009-2012

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SEIU General Chapter Rates Jnne 12, 2009JobCode Description Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9138 Switchboard Onerator - 20.13 21.51 22.49 23.36 - · - -9280 Telecommunciations Tech 30.17 31.55 33.04 34.52 3625 · · · -1212 Transcriptionist - - 21.69 12.67 23.63 · - · .1212N Transcriptionist (SAN) - . - - 22.63 · · - -4905 Iransportation Program Worker . 18.82 19.67 20.49 21.46 - · - -4720 Transoortation Worker - 18.82 19.67 20.49 21.46 - - - -5412 vasculer Tecbnolozist 32.46 34.09 35.78 37.58 39.44 - · · .4703 Vocational Services SpecIT 24.73 25.82 26.94 28.15 29.53 · · · -

SEIU Local 1021· General Chapter 2009 - 2012

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SEIU General Chapter Rates Decemher 13, 2009JobCode Description Stec I Sten 2 Steo3 Srec 4 SteD5 Steo 6 Sten7 SteD8 Steo 94658 ClinicalLabScientist I - 33_84 35.38 36.93 38.59 40.53 4256 43.62 -4658N ClinicalLabScientist I (SAN) - - - - 35.38 37.17 39.02 - -4659 ClinicalLabScientist Il 36.52 38.09 39.79 41.63 43.44 45.62 47.90 49.10 -4659N ClinicalLabScientist U(SAN) - - - - 39.79 41.79 43.86 - -4660 ClinicalLabScientistill 39.72 41.62 43.35 45.51 47.73 50.12 52.62 53.93 -4657 ClinicalLabScientist,Trainee · - - - 24.96 2620 27.53 28.22 -188 EligibilityClerk 20.45 21.36 22.19 23.28 24.21 24.69 - - -0188N' EligibilityClerk (SAN) - - - - 22.19 - - - -4683 Inhalation Theranv Aide 20.22 21.05 21.92 22.98 24.09 - - - -4683N Inhalation Therapy Aide (SAN) 21.23 22.10 23.02 24.13 25.29 - - - -4678 Occupational Therapist I 33.98 35.55 37.12 38.96 40.89 41.70 42.54 - ·4678N Occupational Therapist I (SAN) - - 42.69 - 47.01 - - - -4679 Occupational Theranist II 38.23 40.14 42.06 44.11 45.91 46.82 47.76 - -4670 Pharmacy Technician 22.42 23.40 24.37 25.56 26.64 27.17 - - -4670N PharmacyTechnician (SAN) - - - - 26.64 - - - -4684 PhysicalTheraoist I 33.98 35.55 37.12 38.96 40.89 41.70 42.54 - -4684N Phvsical Theranist I (SAN) · - 42.69 - 47.02 - - - -4685 Physical Therapist II 38.23 40.14 42.06 44.11 45.91 46.82 47.76 - -4669 Pulmonary Function Tecbnclog - . 35.11 36.77 38.53 40.45 42.49 - -7669 Pulmonary Function Tecbnoloe - 12 Hr - - 36.49 38.21 40.04 4203 44.15 - ·4664N RadiologyTechnologist SAN) - - - - 32.99 - - · -4663 RadiologyTechnologistI 31.02 - - - - - - - -4664 Radiolozv Technologist U 32.67 34.31 35.94 37.59 39.48 40.46 41.47 - -4758 RadiologyTechnologistIII 35.06 36.96 38.85 40.75 42.64 43.71 44.80 · -4665 RadiologyTechnologist IV 38.57 40.65 42.73 44.80 46.88 48.05 49.25 - -5831 RespiratoryCarePract I 28.68 30.03 31.31 32.73 34.26 - - - -4682 Resniratcrv CarePractII 31.51 32.89 34.41 36.01 37.69 38.47 39.23 - -7682 Respiratory CarePractII- 12 Hr 32.74 34.17 35.76 37.42 39.16 39.97 40.76 - ·4682N Respiratory CarePractII(SAN) - - . - 37.69 - - - -5423 Regist ResniratorvTherapist 33.24 34.69 36.28 37.98 39.75 40.57 41.37 - -8423 Regist Respiratory Therapist - 12 Hr 34.37 35.88 37.51 39.27 41.11 41.96 42.78 - -4681 SeniorResoiratorv CarePract 34.90 36.45 38.10 39.89 41.77 42.59 43.45 - -7681 SeniorRespiratory CarePract - 12 Hr 36.09 37.69 39.40 41.25 43.19 44.04 44.93 - -4751 Sonographer I 37.15 38.43 - . - - - - -4752 Sonoeracber IT 40.34 41.85 43.42 45.05 46.74 48.14 49.77 - -4752N Scnoeracher IT (SAN) 45.59 - - - - - - - -4753 Sonographer III 41.96 43.53 45.15 46.86 48.61 50.07 51.94 54.35 56.894652 Surgical Technician 27.08 28.31 29.48 30.80 32.19 - · - -4652N SurgicalTechnician (SAN) · - - - 29.48 - - - -4626 AccountClerkI 18048 19.30 20.12 20.91 21.94 - - - -4626N AccountClerkI (SAN) - - - - 18.32 - · - -4627 AccountClerkII 19.81 20.60 21.59 22.46 23.45 - - - -4627N AccountClerkII(SAN) - - - - 21.59 - - - -132 Accountant I - - 28.15 29.40 30.77 - - - -135 Accountant II 26.16 2729 28.58 29.94 31.26 - - - -4716 AccountingSpecialist 20.51 21.59 22.55 23.79 24.92 - - - -157 AccountsPavable ClerkI 19.40 20.26 21.14 21.96 23.02 - - - -158 AccountsPavable ClerkII 20.80 21.61 22.67 23.59 24.61 - - - -4505 ActivityTherapist 30040 31.83 33.20 34.78 36.48 - - - -4688 Acupuncturist 26.70 28.01 29.39 30.86 32.43 - - - -4621 Administrative Assistant 24.29 25.49 26.65 28.11 29.46 . - - -159 AnesthesiaTechnician 25.77 26.94 28.05 29.32 30.64 - - - -7520 AssistantCook 16.77 17.47 18.24 19.14 19.87 - - - -4687 Audiologist 3823 40.14 42.06 44.11 45.91 - · · -1491 Billing Technician I 19.52 20.43 21.19 22.16 23.15 - - - -4629 Billing Technician II 20.71 21.64 22.59 23.55 24.59 - - - -4630 Billing Technician III 22.39 23.40 24.47 25.53 26.54 - - - -4610 Buyer I - - 2208 23.75 24.81 - - · -

SEill Local 1021- General Chapter 2009- 2012-82-

SEW General Chapter Rates December 13, 2009Job Code Description Sten 1 Steo 2 Steo 3 St..,4 St..,5 St..,6 St..,7 St..,8 St..,9

4724 Buyerll 27.20 28.35 29.80 31.11 32.53 - - - -4671 Cerdiolvascular Technician I - 27.36 28.71 30.15 31.67 - - - -4672 Cardiovascular Technician II 34.43 36.18 37.97 39.88 41.86 - - - -4634N Central SunclvTechI SAN'! - - - - 20.83 - - - -4635N Central Supply Tech IT (SAN) - - - - 22.53 - - - -4636N Central Supply Tech 11I (SAN) - - - - 24.28 - - - -4634 Central SupplyTechnician I 18.90 19.35 19.84 20.35 20.86 - - - -4635 Central SupplyTechnician II 20.43 20.94 21.46 22.00 22.55 - - - -4636 Central SuoolvTechnician III 22.00 22.55 23.13 23.69 24.29 - - - -5850 Cerebral PalsyTberanst (Oct) 34.48 36.13 37.83 39.66 41.66 - - - -5860 Cerebral Palsy Therapst (Phys) 34.48 36.13 37.83 39.66 41.66 - - - -161 Certified Diabetic Educator 30.74 3221 33.89 35.61 41.00 - - - -4614 ClerkI - 17.89 18.61 19.51 20.34 - - - -4614N Clerk I (SAN) - - - - 18.61 - - - -4615 ClerkII - 20.34 21.10 22.05 22.90 - - - -4615N CI",k 11 (SAN) - - - - 20.93 - - - -4625N ClerkIntermittent I (SAN) - - - - 18.91 - - - -1297N ClerkIntermittent IT (SAN) 17.36 18.18 18.91 19.69 20.47 - - - -4544 Clinical Pharmacist Specialist 53.07 55.72 58.50 61.45 64.50 - - - -4690 Clinical Psychologist - - 41.39 43.44 45.41 - - - -4690N Clinical Psvcboloeist (SAN) - - - - 39.42 - - - -6305N Clinical Psychologist Trainee (SAN) - - - - 21.34 - - - -5556 ClinicalResearch Associate 30.17 31.68 3328 34.95 36.69 - - - -4701 CommunityOutreach Worker 22.60 23.62 24.59 25.75 26.93 - - - -4638 Computer Operator I 19.61 20.45 21.40 22.34 23.29 - - - -4638N Computer Ooerator I.(SAN) - - - - 21.39 - - - -1812 ComputerOperator II 21.94 22.96 23.91 24.99 26.05 - - - -4706 Cook - 20.41 21.33 22.30 23.19 - - - -4706N Cook (SAN) - - - - 21.31 - - - -153 Credentials Specialist 25.73 27.03 28.23 29.81 3122 - - - -1805 DataEntry Operator 19.39 20.34 21.10 22.05 22.90 - - - -4620 DataInout Clerk 19.39 20.34 21.10 22.05 22.90 - - - -1809 DataProcessing Tech I 16.46 17.26 18.15 19.13 19.97 - - - -1810 DataProcessing Tech II 17.45 18.32 19.24 20.18 21.23 - - - -4653 DentalAssistant 21.75 22.71 23.61 24.74 25.76 - - - -5779 DentalHygienist 26.19 27.47 28.69 30.16 31.53 - - - -4654 Diet Clerk 20.49 21.36 22.22 23.27 24.18 - - - -4654N Diet Clerk(SAN) 21.51 22.43 23.33 24.43 25.39 - - - -5535 DietitianI - - 28.53 29.86 31.39 - - - -5535N DietitianI (SAN) - - 29.96 31.35 32.96 - - - -4656 DietitianII 31.39 32.85 34.43 36.03 37.68 - - - -4667 Electrocardiograph Tech 22.47 23.39 24.49 25.53 26.68 - - - -5741 Electrcenceohaloeraoh Tech I 22.17 23.14 24.11 25.20 26.24 - - - -4666 Blectroeuceebaloersch Techn 24.04 24.81 26.16 27.30 28.43 - - - -0189N EligibilitySpecialist I (SAN) - - - - 24.66 - - - -190 EligibilitySpecialistn 22.64 23.66 24.66 25.89 27.00 - - - -Ol90N EligibilitySnecialistIT (SAN) - - - - 25.89 - - - -191 EligibilitySnecialistill 25.35 26.44 27.71 28.88 30.30 - - - -0191N EligibilitySpecialistill (SAN) - - - - 29.09 - - - -189 EligibilitySpecialistI 21.61 22.51 23.48 24.54 25.61 - - - -4704 Food ServiceWorker - 19.43 20.41 21.25 22.02 - - - -4704N Food Service Worker (SAN) - - - - 20.41 - - - -7205 Gardener I 20.81 21.63 22.67 23.68 24.75 - - - -7210 Gardener IT 23.82 24.97 25.94 27.24 28.45 - - - -4673 HealthEducator I - 22.92 23.87 24.95 26.07 - - - -4674 HealthEducator n - - 28.63 30.04 31.45 - - - -7675 HealthEducator ill - 32.69 33.51 34.35 35.21 - - - -4715 HealthServicesTrainee 15.46 16.15 16.81 17.63 18.25 - - - -

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SEW General Chapter Rates December 13, 2009JobCode Description Sten I Steoz Steo 3 Steo4 Sten 5 Steo S Steel SteoS Stee9

5575 Histotecbnclozist 27A2 28.72 30.04 31.J7 32.69 - - - -4708 Hospital Maintenance Porter 18.68 19A7 20A1 2l.J3 22.32 - - - -4708N Hospital Maintenance Porter (SAN) - - - - 20.41 - - - -4707 HousekeeoineWorker - 19.00 19.87 20.70 21.67 - - - -470m Housekeeping Worker (SAN) - - - - 19.85 - - - .-4646 Infection Control Practitioner 35.73 36.68 37.71 39.37 4l.i0 41.90 42.77 · -410 Information SystemsTech I 19.20 20.21 2l.i6 22.20 23.27 - - - -4611 Information SystemsTech II 23.36 24.51 25.67 27.06 28.35 - - - -199 Interoreter Svcs Disoatcher 20.94 22.02 23.27 24A8 25.71 - - - -4711 Laboratory Assistant I 19.39 20.20 21.14 21.95 22.89 - - - -4711N Laboratory Assistant I (SAN) - - - - 2l.i2 - - - ·4712 Laboratory Assistant II 20.70 21.67 22A9 23.52 24.51 - - - -47lJ Laboratorv Assistant ill 22.14 22.92 23.99 25.01 26.22 - - - -5550 Laboratory Technician 23.98 25.07 26.26 27A7 28.77 - - - -4710 Laundry Service Worker 17.43 18.24 19.10 19.84 20.65 - - - -4616 Lead Clerk 20.45 2l.J6 22.19 23.28 24.21 - - - -7415 Lead Janitor 19A6 20.26 21.26 22.18 23.19 - - - -1217 LeadMedicalTranscriptionist · 25.40 26.50 27.67 28.94 - - - -4723 Library Assistant I 23.05 24.07 25.26 26.37 27.40 - - · -4639 Library AssistantII 22.66 23.65 24.54 25.77 26.86 - - - -4612 Library Clerk II - 20.34 2l.i0 22.05 22.90 - - - ·4651 LicensedVocational Nurse 25.91 26.53 27.17 27.79 28A8 29.04 29.64 - -4651N LicensedVocationalNurse (SAN) 28.04 28A9 28.94 29A8 29.93 30.54 3l.i3 - -5421N LVN IV CERT (SAN) 28.94 29.40 29.83 30.38 30.84 31.43 32.05 - -5421 LVN N Certified 26.82 27.44 28.07 28.69 29.38 29.95 30.55 - ·8421 LVN IV Certified - 12 Hr 28.70 29.37 30.05 30.70 31.44 32.06 32.70 · -4757 Mamma/Ouality Assurance Tech 38.95 41.05 43.14 45.24 47.34 - - - -4757N Mamma/Quality AssuranceTech (SAl' 45.30 - - - - - - - -6496 MarriageIFam ChildCouns I - 32.69 34.04 35.63 37A8 · - - -4696 MarriaszeIFam Child COUDS II - 35.63 37.48 39.25 41.06 - - - -4696N Marriage/Pam Child CounsII(SAN) - - - - 41.06 - - - ·4901 MedicalAssistant 20.31 2l.i8 22.04 22.92 24.03 - - - -4901N MedicalAssistant (SAN) - - · - 23.15 - - - -4617 MedicalClerk 20.15 21.03 21.89 22.92 23.85 - - - -7617 MedicalClerk - 12 Hr 21.56 22.51 23.43 24.53 25.53 - - - -4617N MedicalClerk (SAN) - - · - 21.89 - - - -4628 MedicalRecords Technician 22.09 23.12 24.02 25.17 26.17 - - - -4691 MedicalSocial Worker I - 32.40 33.96 35.47 37.16 - - - -4692 MedicalSocial Worker II - 35.47 37.16 38.89 40.70 - - - ·4692N MedicalSocial Worker II(SAN) · · - - 37.16 · . · ·4623 MedicalTranscriptionist - 23.19 24.16 25.23 26.33 - - - -4623N MedicalTranscrintlonist (SAN) - - - - 24.16 - - - -1160 MedicalTranslator I - 2l.JI 22.34 23.13 - - - -4622 MedicalTranslator II 21.56 22.69 23.97 25.22 26.47 · . · -4622N MedicalTranslator U (SAN) - - - 23.91 - - - -5126 MedTranslator/interpreter Ill 22.20 23.36 24.70 25.97 27.27 - - - -6490 Mental Health Suecialist I 19.81 20.72 21.56 22.45 23.51 - - - ·4693 Mental HealthSnecialist II - 22.67 23.66 24.77 25.89 - - - ·4693N Mental HealthSpecialist II(SAN) - - · - 23.65 - - - -4694 MentalHealth Specialist III 24.86 25.91 27.06 28.33 29.55 · - - -4613 Messenger 18.24 19.06 19.81 20.73 21.52 - - - -46lJN Messeneer (SAN) · · - - 19.81 · - - -4714 MonroeAttendant 18.21 19.14 19.94 20.78 21.74 · - - ·4756 MRITech 37.04 38.49 39.94 4l.J8 43.03 44.75 46.54 48.86 51.29

4756N MRI Tech SAN) 41.93 · - - - · - · -4649 Nursine Assistant 19.55 20.40 21.2J 22.09 23.14 - - - -7649 Nursina Assistant- 12 Hr 20.92 21.84 22.72 23.64 24.76 - - - ·4649N NursingAssistant(SAN) 2l.i7 21.90 22.93 23.98 25.02 - - - -

SEIU Local 1021- GeneralChapter 2009 - 2012-84-

SEW General Chapter Rates Decemher 13, 2009Job Code Description Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9

4655 Nutrition Assistant 23.14 24. II 25.14 26.32 27.46 - - - -4655N Nutrition Assistant (SAN) 24.29 25.31 26.39 27.63 28.83 - - - -4675 Nutritionist 30.38 31.68 33.28 34.82 36.47 - - - -4677 Occupational Therapy Aide 20.78 21.53 22.59 23.56 24.67 - - - -5806 Occupational Therapy Assistant 24.98 25.98 27.01 28.10 29.25 - - - -4650 OrtbcoedicTechnician 20.44 21.25 22.14 23.19 24.34 - - - -4650N Orthopedic Technician (SAN) - - - - 24.39 - - - -1461 Patient ServicesCoordinator 24.79 26.04 27.33 28.72 30.14 - - - -4632 Patient ServicesTech I 21.61 22.51 23.48 24.54 25.61 - - - -4633 Patient ServicesTech II 22.64 23.66 24.66 25.89 27.00 - - - -4631 Patient ServicesTech ill 25.35 26.44 27.71 28.88 30.30 - - - -4618 Payroll Records Clerk 22.46 23.46 24.33 25.49 26.54 - - - -4540 Pharmacist 49.97 52.22 54.96 57.51 60.40 - - - -4540N Pharmacist (SAN) - - - - 60.40 - - - -4680 Phvsical TheranvAide 20.78 21.53 22.59 23.56 24.67 - - - -4680N PhysicalTherapy Aide (SAN) 22.45 23.25 24.38 25.44 26.63 - - - -5823 PhysicalTherapy Assistant 24.98 25.98 27.01 28.10 29.25 - - - -1825 ProerammerAnalvst 33.38 34.96 36.53 38.30 40.14 - - - -1821 Prceramrner I 27.18 28.44 29.59 31.04 32.54 - - - -1823 Programmer II 31.49 33.01 34.54 36.22 37.89 - - - -1819 Programming Technician I - - 22.54 23.66 24.87 - - - -1820 Prozrammina Technician II - - 24.29 25.44 26.54 - - - -4697 Psychiatric Social Worker I - 32.69 34.04 35.63 37.48 - - - -4698 PSYChiatric SocialWorker II - 35.63 37.48 39.25 41.06 - - - -4698N Psvchiatric Social Worker II(SANl - - - - 41.06 - - - -4668N Psychiatric Technician (SAN) - - - 29.03 - - - -4668 PSYChiatric Tecnician - 25.43 26.54 27.80 29.03 - - - -4689 PublicHealthNursine Assistan 19.26 20.10 20.93 21.79 22.83 - - - -6831 Recreation Assistant 20.42 21.42 22.53 23.65 24.67 - - - -5890 Recreation Theranist I - 29.21 30.40 31.83 33.20 - - - -4699 Rehabilitation CounselorI 31.30 32.69 34.04 35.63 37.48 - - - -4700 Rehabilitation CounselorII 34.04 35.63 37.48 39.25 41.06 - - - -4700N Rehabilitation CounselorII(SAN) - - 37.48 39.25 41.06 - - - -4624 SecretarvI 21.10 22.06 23.07 24.06 25.13 - - - -4705 SeniorFoodServiceWorker 19.62 20.44 21.20 22.14 23.08 - - - -4709 SeniorHosoitalMaint Porter 19.60 20.44 21.44 22.36 23.36 - - - -6710 Social Worker I 24.49 25.58 26.71 27.91 29.23 - - - -4702 Social Worker II 26.70 27.91 29.22 30.50 31.77 - - - -6720 Social Worker m 27.30 28.69 30.11 31.61 33.20 - - - -6705 Social Worker Trainee - - - 23.05 - - - -1842 SoftwareAnalyst 35.00 36.59 38.30 40.17 42.09 - - - -1840 SoftwareAnalystI 29.85 31.35 32.93 34.55 36.31 - - - -1839 SoftwareAnalvstTrainee 27.25 28.60 30.04 31.51 33.10 - - - -4619 SpecialistClerk 20.15 21.03 21.89 22.92 23.85 - - - -4619N Srecialist Clerk(SAN) - - - - 21.05 - - - -5874 Soeech Pathologist I 33.98 35.55 37.12 38.96 40.89 - - - -4686 SpeechPathologist II 38.23 40.14 42.05 44.11 45.90 - - - -4686N SpeechPathologist II{SAN} - - - - 42.06 - - - -1205 Stenographer I - 18.20 19.01 19.80 20.62 - - - -1205N Stenographer I (SAN) - - - 18.45 - - - -1210 Stenographer II - - 21.40 22.35 23.28 - - - -1210N Stenographer11 (SAN) - - - - 22.02 - - - -4695 Substance AbuseCounselor 22.60 23.62 24.59 25.75 26.93 - - - -4695N Substance AbuseCounselor{SAN} - - - - 24.59 - - - -1705 Supply CI",k 1 18.57 19.35 20.32 21.13 22. II - - - -1705N Supply Clerk 1 (SAN) - - - 20.32 - - - -4637 SuoolvClerk II 18.92 19.70 20.64 21.64 22.62 - - - -1710N SUPPlv Cleek 11 (SAN) - - - - 20.64 - - - -

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SElU General Chapter Rates Decemher 13, 2009lob Code Description Sren I Steo z Stec 3 Stoo4 SreoS SteD6 Sten? Steo 8 Stoo9118 Switchboard Operator - 20.33 21.72 22.72 23.59 - - - -9280 Telecommunciations Tech 30.47 31.87 33.37 34.87 36.61 - - - -1212 Transcrintionist - - 21.91 22.90 23.87 - - - -1212N Transcriotionist (SAN! - - - - 22.86 - - - -4905 Transportation Program Worker - 19.00 19.87 20.70 21.67 - - - -4720 Transportation Worker - 19.00 19.87 20.70 21.68 - - - -5422 Vascular Technologist 32.79 34.43 36.14 37.96 39.83 - - - -4703 Vocational ServicesSoec II 24.98 26.07 27.21 28.43 29.83 - - - -

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APPENDIXB

Agency Shop Confidential Exclusions

All present and future clerical positions assigned to the Human Resources Department.

SElU Local I021-GeneralChapter 2009-2012-87-

APPENDIXC

Intermittent and Services-As-Needed Classifications

Account Clerk I

Account Clerk II

Clerk I

Clerk II

Clerk Intermittent I

Clerk Intermittent II

Clinical Lab Scientist I

Clinical Lab Scientist II

Clinical Psychologist

Clinical Psychologist Trainee

Computer Operator I

Cook

Dietician I

Eligibility Clerk

Food Service Worker

Hospital Maintenance Porter

Housekeeping Worker

Laboratory Assistant I

LVN - IV Certified

Licensed Vocational Nurse

ManiageIFarnily Child Counselor II

Medical Clerk

Medical Social Worker II

Medical Transcriptionist

Medical Translator II

Mental Health Specialist II

Messenger

Nursing Assistant

Occupational Therapist

Orthopedic Technician

Pharmacist

Pharmacy Technician

Physical Therapist I

Physical Therapy Aide

Psychiatric Social Worker II

Psychiatric Technician

Rehabilitation Counselor II

Respiratory Care Practitioner II

Specialist Clerk

Speech Pathologist II

Stenographer I

Stenographer II

Substance Abuse Counselor

Supply Clerk I

Supply Clerk II

Surgical Technician

Transcriptionist

SElU Locall021-General Chapter 2009-2012-88-

APPENDIXD

Hours of Work- Twelve (12) Hour SWft

Eligible Classifications in the Nursing Department

Specialist Clerks

Respiratory Care Practitioner I

Respiratory Care Practitioner II (includes new RRT class)

Inhalation Therapy Aide

Mental Health Specialist I

Mental Health Specialist II

Mental Health Specialist III

Nursing Assistant

Licensed Vocational Nurse (including IV certified classification)

Surgical Technician

Medical Clerks

Psychiatric Technician (new classification)

SEIU Local 1021- General Chapter 2009 - 2012-89-

APPENDIXE

DOMESTIC PARTNER DEFINED

A "domestic partnership shall exist between two (2) persons, one (l) of whom is an employeeof ACMC, covered by this Memorandum of Understanding, regardless of their gender andeach of them shall be the "domestic partner" of the other if they both complete, sign, andcause to be filed with ACMC an "Affidavit ofDomestic Partnership" attesting to thefollowing:

A. The two (2) parties reside together and share the common necessities of life;

B. The two (2) parties are not married to anyone; eighteen years or older; not related byblood closer than would bar marriage in the State of California; and mentally competentto consent to contract;

C. The two (2) parties declare that they are each other's sole domestic partner and they areresponsible for their common welfare;

D. The two (2) parties agree to notify ACMC if there is a change of circumstances attestedto the affidavit;

E. The two (2) parties affirm, under penalty ofperjury, that the assertions in the affidavit aretrue to the best of their knowledge.

Termination. A member of a domestic partnership may end said relationship by filing astatement with ACMC. In the statement, the person filing must affirm, under penalty ofperjury,that I) the partnership is terminated, and 2) a copy of the termination statement has been mailedto the other partner.

New Statements of Domestic Partnership. No person who has filed an affidavit of domesticpartnership may file another such affidavit until six (6) months after a statement of termination ofthe previous partnership has been filed with ACMC.

SEll) Local 1021- General Chapter 2009- 2012-90-

APPENDIXF

Waiting Periods for Flexibly Staffed Classes (to be treated as one classification)

Six (6) Months

Clerk II - Clerk I

Billing Technician 1- Clerk II

Computer Operator 1- Computer Tech

Data Processing Teclmician II - Data Processing Technician I

Dietician II - Dietician I

Electroencephalograph Technician II - Electroencephalograph Technician I

Library Clerk II - Library Clerk I

Medical Translator II - Medical Translator I

Public Health Nursing Assistant II - Public Health Nursing Assistant I

Respiratory Care Practitioner II - Respiratory Care Practitioner I

Social Worker II - Social Worker I

Transcriptionist - Clerk II

Transcriptionist - Stenographer

One (1) Year

Accountant - Accountant Auditor

Billing Technical II - Billing Technician I

Buyer II - Buyer I

Cardiovascular Technician II - Cardiovascular Technician I

Central Supply Technician II - Central Supply Technician I

Clinical Laboratory Teclmologist II - Clinical Laboratory Teclmologist I

Financial Services Specialist II - Financial Services Specialist I

Health Educator II - Health Educator I

SElU Local 1021- General Chapter 2009 - 2012-91-

Information System Technician II - Information System Technician I

Laboratory Assistant II - Laboratory Assistant I

Librarian II - Librarian I

Library Assistant II - Library Assistant I

Marriage, Family and Child Counselor II - Marriage, Family and Child Counselor I

Medical Social Worker II - Medical Social Worker I

Mental Health Specialist II - Mental Health Specialist I

Network Services Analyst II - Network Services Analyst I

Network Support Technician II - Network Support Technician I

Nutrition Assistant II - Nutrition Assistant I

Patient Services Technician II - Patient Services Technician I

Psychiatric Social Worker II-Psychiatric Social Worker I

Rehabilitation Counselor II - Rehabilitation Counselor I

Software Analyst I - Software Analyst Trainee

Speech Pathologist II - Speech Pathologist I

SEIU Local 1021- GeneralChapter 2009 -2012-92-

APPENDIXG

Special Pay Provisions

a) Barber Duties at Skilled Nursing Facility (SNF). The current Nursing Assistant, assignedto barber duties, shall continue to be paid an additional 15% above the employee's regularstraight time hourly rate ofpay during the term of this Memorandum ofUnderstanding,providing the employee remains duly licensed to perform such duties.

b) Licensed Vocational Nurses or Licensed Vocational Nurses Per Diem previously paid 5%in the absence of a Clinical Nurse, or others assignedunder this provision will now becompensated under Paragraph 236, Premium Conditions - Lead/Charge Differential.

c) Lead Clerks, when assigned to John George Psychiatric Pavilion and assigued andperforming nursing ward clerk duties, and Medical Clerks, when assigued and performingnursing ward clerk duties, shall receive an additional 5 percent compensation. (FormerlyAlameda County Salary Ordinance 3·12.27). It is the intention of the ACMC to meet andconfer regarding the potential reclassification of these positions within 60 days of theratification of this contract.

d) Pharmacist in Charge. Employees performing or assigned as the "Pharmacist in Charge"will be compensated under Paragraph 236. Premium Conditions - Lead/Charge Differential.

e) Word Processing Pay Termination. Incumbent employees currently receiving wordprocessing differential(s) shall continue to do so through March 30, 2006. Effective April 9,2006, employees receiving this footnote and who are in paid status as ofApril 9, 2006, willreceive a one time payment of$1000.

f) Not to exceed one person occupying the position of Clinical Psychologist, requiring a"Forensic Specialty" approved by the Civil Service Commission, when assigued to regularlyserve as the "expert witness" in the Department ofMental Health Services court processing,shall receive an additional ten percent compensation.

SEIU Locall021- GeneralChapter 2009-2012·93·

SIDE LETTER OF AGREEMENT #1Between ACMC and SEIU Local 1021

Major Medical Supplemental Paid Sick Leave

1. Section 6.4.J (now Paragraph 147) of the SEIU Memorandum of Understanding (August20,2000 - August 17, 2003) carried forward the provision that employees who as ofJune25, 1979, had completed the equivalent of 130 pay periods of continuous employmentwere eligible for major medical supplemental paid sick leave. The maximum aggregatelifetime eligibility for major medical supplemental paid sick leave is forty-four (44) days(352 hours). The following employees covered by this Memorandum of Understandingremain eligible for this leave based On the criteria detailed below:

Joe Anderson, Billing Technician IT

Eugene Caldwell, Hospital Maintenance Porter

Laurie Garnier, Eligibility Specialist II

Dorothy HickS, LVN

Dolores Jacobs, Secretary I

Beverly Jew, Pharmacy Technician

Roxanna Labrador, Eligibility Clerk

Lillie Malone, Dental Assistant

330 hours

330 hours

152.55 hours

330 hours

330 hours

352 hours

330 hours

330 hours

Alvina Martinez, Medical Clerk .04 hours Resigned 10/30/05

Donald Mc Andrews, Housekeeping Worker 330 hours

James Morrill, Pharmacist 352 hours

Willie Perkins, Medical Clerk 320 hours

Deloria Smith, Housekeeping Worker 330 hours

Constance Ward, Nutritionist 330 hours

2. The Department Manager or designee in hisfher sole discretion, may grant major medicalsupplemental paid sick leave in those instances in which:

3. The employee exhausted paid cumulative PTa and extended sick leave entitlementaccrued pursuant to subsection 6.3 hereof;

4. The employee's absence is caused by a serious injury or illness regarding prolongedabsence from work;

SEIU Local 1021- GeneralChapter 2009-2012-94-

5. The work or duties of the employee requesting such paid leave are being performed byothers in the employees work writ and another person has not been hired or assigned tothe work writ to perform such duties.

6. The injury or illness was not incurred in the course of employment; and

7. The employee has not incurred a break in service subsequent to June 24, 1979.

8. The Department Manager or designee's determination to deny major medicalsupplemental paid sick leave shall be final and non-grievable.

SEIULocal1021-Geneml Chapter 2009-2012-95-

Side Letter # 2

In lieu ofbargaining this issue during the main table 2009 contract negotiations, Alameda CountyMedical Center and SEIU Local 1021- General Chapter Unit agree that in lieu ofACMCProposal #23 for the 2009 contract concerning the Patient Care Committee, the General ChapterUnit will participate in a joint labor management committee. with the purpose of exploring waysto defme the purpose of the Committee in such a way that it becomes an effective avenue forcollaboration and joint decision making regarding ways to maintain and enhance the quality ofpatient care provided to residents of Alameda County. The parties agree to explore a structure forjoint decision making that will enable ACMC to compete effectively for healthcare dollars ashealth care reform provides all residents with greater choice in selecting health care providers.

For ACMC:

IaH1ttA-QuDate: l/z2./01

I

SEIU1.o<:a11021- GeneralChapter 2009- 2012-96-

Side Letter # 3

The Alameda County Medical Center commits to exploring the possibility ofoffering a defmedcontribution retirement plan to part-time ACMC employees who are regularly scheduled a .5 FIEand higher. As soon as a proposal has been developed, ACMC agrees to meet and confer withSEIU concerning parameters of the program. It is anticipated that ACMC will have a proposalready for discussion during the fourth quarter ofFY 2009.

For ACMC:

SEIULocall021-GenernlChapter 2009-2012-97-

Side Letter # 4

In lieu ofbargaining tbis issue during the main table 2009 contract negotiations, Alameda CountyMedical Center and SEIU Local 1021- General Chapter Unit agree that in lieu ofACMCProposal #15 for the 2009 contract, the General Chapter Unit will participate in ajoint labormanagement committee with the purpose ofexploring ways ofreducing and/or holding down thecost of employee health, vision and dental plans for both the Center and the employees. TheHealthcare Cost Containment Labor Management Committee will meet shortly after the newMOU is ratified and will include no more than three SEIU- General Chapter Unit representatives.Other bargaining units will be invited to participate. The parties may mutually agree to add othermembers and/or bring in others inside and outside the organization on an ad hoc basis to assist inthe Committee's mission.

The Committee will not be restricted to the health care and dental plans in existence at the timethe new MOU is signed and has the discretion and authority to reopen the contract solely for aratification vote on any changes recommended by the committee. In considering the variousoptions the Committee will bargain in good faith to reach a consensus on which plan or plans toselect and the terms governing said plans. Should these good faith negotiations fail to result in anagreement, and should an impasse be reached, the parties retain all rights and options availableduring post contract term negotiations.

It is not the intention of the parties to diminish the level of coverage. Furthermore, unlessmutually agreed to by all parties, ACMC shall not be considered as a provider for health or visionplans. The Committee's mission is to research different alternatives and recommend those thatcontain or lower costs as well as keep the level ofbenefits as consistent as possible with currentbenefits.

For ACMC:

~UI1k6&I'

Date: 0~k

SEnJ Local 1021- General Chapter 2009 -2012-98-

Side Letter #5

Plan for Reduction in Force

Information Projected effective date oflayoff: Date of PlanSubmission:

Affected Cost CentersCost Center Unit Name Unit Manager Manager Submitting

Justification

Affected TitlesTitle FTE Name Seniority List for

Title Attached:

Pre-Layoff Actions

Please provide a registry, traveler and SAN usage analysis including the number ofhoursor shifts which repeat every pay period and hours or shifts that don't. The repeating hoursor shifts result in how many FTEs in which titles?

Please list all the probationary employees to be kept in the unit and why.

Please project all the positions that will become open in next six months that will have tobe filled:

Title Name of Reason for FTEIncumbent Leaving

Please justify for each position above why a laid off employee could not be placed inposition or could not be considered ifhelshe applied.

Justification

Please provide some background on the units funding sources, the history- how we got tothis point. What funding alternatives have been explored?What functions are laid offpositions performing and who will do remaining functions ifthere are any?Have any ofthese positions' functions changed in the last two years? What happened andwhy?What are the projected savings for the fiscal year? What are they annually?

Signature of Manager

Date: _

SElUweal I021.GenernlChapter 2009-2012-99-

INDEX

Affmnative Action Connnittee 68

Agency Shop 7

Allowance For Use ofPrivate Antomobiles 48

Appeals From Joint Practice Connnittee 66

APPENDIX A 73

APPENDIX B 88

APPENDIX C 89

APPENDIX D 90

APPENDIX E 91

APPENDIX F 92

APPENDIX G 94

BENEFIT PROVISIONS 43

Bereavement Leave 3I

Bidding On Posted Positions 54

Bilingual Pay 40

Break In Service 56

Call-Back , 41

Catastrophic Sick Leave Program 30

Categories ofEmployees 51

Classification for Displacement and Bidding 54

ClassificationsfNew Classifications 52

COMMITTEES 65

Compensatory Time Off 38

Conversion Of Services-As-Needed Employees 51

Deferred Compensation 48

Dental Plans 44

Dependent Care Salary Contribution........................................................................•................................... 50

Disability Insurance Benefits 46

Disability Leave For Other Employment 18

Disciplinary ActionfNotice ofTerminationJPersonnel Files 62

Discrimination Prohibited 6

Educational Leaves and Time Off 32

Educational Stipends .48

Effect ofMandated Fringe Benefits 51

Emergency Leave - Sickness in Innnediate Family 26

Employment Security 57

SEIULocal1021-GeneralChapter 2009-2012-100-

ENACTMENT 70

Evaluations 61

Family Sick Leave 26

Grievance Procedure 63

HEALTH PLAN COVERAGE FOR FULL-TIME EMPLOYEES _ 43

Health Plans 43

Holiday Compensation 21

HOLIDAyS 20

Holidays Defined 20

Holidays To Be Observed On Work Days 21

Hours of Work Defined 13

HOURS OF WORK, SHIFTS, SCHEDULES, AND REST PERIODS 12

Industrial Sick Leave Benefit 27

Job Vacancies, Posting and Bidding 54

Joint Practice Committee 66

Jury Dnty 31.

LeadlCharge Differential 41

Leave For Assigmnent To Special Project 18

Leave For Employment With The Union 19

Leave for Jury Duty or in Answer to a Subpoena 31

Leave For Participating In A Literacy Program 34

Leave For Participating In Examination Process 19

Leave For Participating In The Selection Or Transfer Process 19

LEAVE PROVISIONS 17

Leaves ofAbsence 17

Life Insurance 47

Limitation On Unused Vacation Leave Balances 23

Long-Term Disability Insurance Policy 47

Matemity Leave 18

Mileage Claims 49

Mileage Rates Payable 48

Military Leave 17

NO DISCRIMINATION 6

No Discrinrination On Account Of Union Activity 6

No Leave To Accept Outside Employment.. 17

NO STRIKE, NO LOCKOUT __.71

Notice OfRecognized Union 6

SEIU l.<x:aII021- General Chapter 2009 - 2012-101-

Open Enrollment... .44

Overtime 37

Paternity And Adoptive Leave 19

Patient Care Committee 65,66

PAY PRACTICE 34Personal Disability Leave 18

Personal Leave 25

PERSONNEL ACTIONS 51

Personnel Files 63

PremiumConditions 39

Probation Periods 60

Quality Care And Quality Working Environment 65

RECOGNITION 5

Rehire And Recall 56

Rehires And Recall 57

Reporting Pay 42

Rest Periods 13

Retaliation '" 6

Retirement Plan 50

Return To Duty 20

Review ofPersonnel (H.R.) Files 63

Safety 67

SAVINGS CLAUSE 70

SCOPE OF AGREEMENT 71

SOl Premiums 46

Seniority 56

Shift Differentials 39

SHOP STEWARDS 10

Special Performance Pay 41

Split Shift 39

SubcontractingIWork Redesign 67

Suspensions 62

Temporary Assignment To A Higher Level Position 41

Termiuations 62

Training And Certification For Blood Drawing 34

Transfer, Promotion and Return 55

Twelve Hom Schedules For Nursing Departrnent... 14, 16

SElU Local 1021· General Chapter 2009- 2012-102-

/

Uniform Allowances 50

Union Bulletin Board, Meetings and Access to Employees 9

UNION COMMUNICATION/CONTACTS 6

Union Grievances 65

Union Security 6

Vacation Accrual 23

Vacation Leave 23,27

Vacation Seniority 24

Vacation Transfer. 25

Vision Reimbursement Plan 45

Voluntary Reduction Of Work Period 13

Voluntary Time Off 14

Wage Scale Progression 35

Wages 34

Weekend Shifts 40

Weingarten Rights 63

Whistleblowing 6

Work Schedule and Change Of Shift 12

Workday And Workweek 12

SEIU Local 1021-General Chapter 2009 - 2012-103-