2019 - 2023 Local 39 Memorandum of Understanding: Article 9: Premium Pay & Other Compensation

International Union of Operating Engineers, Stationary Engineers - Local 39

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9.1 Call Back

Whenever an employee is ordered by the Department Head, or designee, to return to duty following the termination of the employee's normal work shift and departure from the work site, the employee shall receive a minimum payment of three (3) hours at the overtime rate or overtime compensation for the actual time worked, whichever is greater. Time worked for which the employee is entitled to compensation shall include reasonable travel time to and from the employee's residence. For purposes of computing statutory overtime, only time actually worked and travel time shall be considered. The remaining time shall be considered non‑statutory overtime. The County shall not pay an employee for more than one call back during the same period of time. The County shall not pay an employee for call back pay, standby pay, and phone work pay during the same period of time.

9.2 Phone and VPN Work

With the County’s approval, an employee may be called upon to resolve work related problems by telephone or by the use of a virtual private network (VPN) without returning to the work site. The time spent actually on the phone or working via VPN shall be treated as time worked. Compensation for this work shall be a minimum of one (1) hour of overtime compensation for any and all telephone calls received or made or VPN work performed within that one (1) hour period. In the event a later telephone call is received after the prior one hour of telephone work time, and the call required the employee to again resolve work-related problems by telephone or VPN work, the employee shall be paid for an additional one hour of overtime compensation for all telephone calls received within that next hour. Phone and VPN work performed during a regularly scheduled telecommuting assignment is not eligible for payment under this Article. The County shall not pay an employee for call back pay, standby pay, and phone work pay during the same period of time.

9.3 Standby

An employee who is released from duty and assigned by the County to be on standby, shall be eligible for standby premium pay. Standby duty assignment requires that an employee designated by the County, be ready to respond immediately, be reachable by telephone, be able to report to work within a specified period of time, and refrain from activities which might impair the employee’s ability to perform assigned duties. Employees assigned to standby shall be compensated at the rate of five dollars and thirty cents ($5.30) per hour for every hour assigned to standby with a minimum eight (8) hour standby assignment. Standby time is not to be construed as work time. In no case shall an employee continue to receive standby pay once called back to work, or while guaranteed call back minimum is paid. The County shall not pay an employee for call back pay, standby pay, and phone work pay during the same period of time.

9.4 Shift Differential

All employees who are assigned to and actually work an evening or night work shift as defined below shall be paid as follows:

An additional five percent (5%) above the employee's base hourly rate for each hour actually worked on an evening shift.
An additional ten percent (10%) above the employee's base hourly rate for each hour actually worked on a night shift.

For purposes of this premium, an evening shift is defined as beginning at or after 2:00 p.m. and prior to 10:00 p.m., and a night shift is defined as beginning at or after 10:00 p.m. and prior to 5:00 a.m. An employee assigned to and who actually works a split shift shall receive shift differential based on the time of the beginning of each half shift in accordance with times specified above.

An employee assigned to and who actually works a relief shift assignment shall receive shift differential of seven and one half percent (7 1/2%) above the employee's base hourly rate for each hour actually worked on the relief shift assignment. When an employee works a relief shift assignment more than thirty (30) consecutive work days, the 7 1/2% pay shall be increased to ten percent (10%) for all subsequent work days on the continuing relief shift assignment. The 7 1/2% and 10% relief shift differentials shall be in lieu of any evening or night shift differentials the employee would otherwise be eligible to receive. A "relief shift assignment" is a regular shift assignment requiring the employee to work any combination of day, evening and night shifts for at least a full work week.

9.5 Premium Pay for Leading Non-County Workers

An employee who is assigned to lead a work crew of three (3) or more non‑County workers including but not limited to the General Assistance, Adult Offender, Honor Farm, or Community Service programs, shall be entitled to receive a premium of five percent (5%) of the base hourly rate for all hours assigned to this task.

9.6 Water Agency Plant Operators

An employee in the class of Water Agency Plant Operator who installs, tests, repairs or performs major mechanical work on wastewater treatment plant equipment and machinery shall receive a premium of fifty cents ($0.50) per hour for the time spent assigned to and actually performing mechanical tasks. These mechanical tasks shall include dismantling (not disconnecting) pumps, blowers, motors, etc.; troubleshooting panels and diagnosing problems; replacing broken or worn parts or packing; or other tasks where a mechanic would routinely do the job.

9.7 Water Agency Certification Incentive Pay

Any Water Agency Senior Plant Operator who receives a California Wastewater Plant Operator Grade IV certificate while employed by the Water Agency will receive a one-time $1,000 bonus.
Any Water Agency Mechanic or Lead Mechanic who receives a California Water Environment Association Plant Maintenance Mechanical Technologist Grade II certificate while employed by the Water Agency will receive a one-time $1,000 bonus.
Any Water Agency Chemist who receives a California Water Environment Association or AWWA Laboratory Analyst Grade III certificate while employed by the Water Agency will receive a one-time $1,000 bonus.
Any Water Agency Environmental Compliance Inspector who receives a California Water Environment Association Environmental Compliance Inspector Grade III certificate while employed by the Water Agency will receive a one-time $1,000 bonus.
Any Electrician/Instrumentation Technician who receives a California Water Environment Association Plant Maintenance Electrical/Instrumentation Technician Grade II certificate while employed by the Water Agency will receive a one-time $1,000 bonus.
Any Water Agency Auto Mechanic who receives both an ASE Vehicle Technician - Brakes, and ASE Vehicle Technician - Engine while employed by the Water Agency will receive a one-time $1,000 bonus for earning both certificates.
Any Water Agency Heavy Equipment Mechanic who receives both an ASE Medium/Heavy Truck Technician and ASE Diesel Engine Certificates while employed by the Water Agency will receive a one-time $1,000 bonus for earning both certificates.
Any Water Agency Plant Operator, Senior Plant Operator, Water Agency Mechanic, Electrician/Instrumentation Technician, Water Agency Chemist or Environmental Compliance Inspector who, while in the employment of the Agency, earns any one certificate in the Distribution Certificate series (D1, D2, or D3) will receive a one-time bonus of $500. This bonus will be paid only once, for any level of certificate in the series. Any subsequent certificates received in the series will not receive a bonus payment.

9.8 Heavy Trucks Operation – Definition

A heavy truck shall be defined for the purposes of this Article as any vehicle requiring a Class B driver’s license or higher.

9.9 Heavy Trucks Operation – Daily or Intermittent Assignment

A Fairgrounds Building Mechanic I/II, Building Maintenance Worker, Water Agency Mechanic, Water Agency Lead Mechanic or Transportation and Public Works Building Mechanic I/II who is assigned to drive a heavy truck and do service maintenance as required on a day-to-day or intermittent basis shall be paid an additional hourly rate of $2.45 for every hour worked up to four and one-half (4.5) hours per day if working eight-hour days, for every hour worked up to five (5) hours per day if working nine-hour days and for every hour worked up to five and one-half (5.5) hours per day if working ten-hour days.

9.10 Communications Tower Maintenance

Each employee in the classification of Communications Technician I, Communications Technician II or Senior Communications Technician when assigned to perform work ten (10) feet or more above the ground on the communications towers only, shall be paid an additional hourly rate of $1.50 per hour for a minimum of two (2) hours and for each additional hour or portion thereof the employee is so assigned.

9.11 Temporary Assignment to a Higher Class

An employee assigned by the County to perform the majority of duties of a higher classification to fill a vacancy caused by resignation, termination, promotion or an extended leave of absence, must complete the required personnel forms and must meet the minimum qualifications of the higher classification. An employee assigned temporarily to a higher class shall be paid according to the salary of the scale for the new class at a step most closely equivalent to five percent (5%) greater than the employee's salary before promotion, but not less than minimum salary of the new class, nor greater than the maximum salary of the new class. The employee shall receive this salary as long as the employee continues to serve in the assignment and shall be entitled to receive increases for the higher class as described in Section 9.12 below.

9.12 Temporary Assignment – Merit Increase Eligibility

Temporary assignments shall be administered in the following manner:

If an employee assigned to a higher class has not yet reached the "I" step in the lower class, in-service hours while temporarily assigned to a higher class shall count as time served in the lower class for purposes of merit increase(s). If an employee reaches the "I" step of the lower class while temporarily assigned to a higher class, all subsequent in-service hours worked while assigned to the higher class will begin counting toward a merit increase in the higher class.
If an employee is at the "I" step of the lower class when assigned to the higher class, in-service hours while temporarily assigned to a higher class shall count as time served in the higher class for purposes of merit increase(s) beginning with the first hour assigned in the higher class.
An employee who is subsequently reassigned by the County within 12 months of the ending date of the most recent temporary assignment to a higher class shall be considered for a merit increase in the higher class when the employee’s total cumulative hours in the higher class are in accordance with Subsection 7.17.2 - Total Hours Required For A Merit Increase.

However, if the employee received credit toward a merit increase in the lower class for hours worked in a temporary assignment as provided in Section 9.11, these hours shall not also count toward a merit increase in the higher class.

9.13 Premium Pay for Assignment to Detention Facilities

When an employee is assigned to work for an entire pay period in one of the following detention facilities: Main Adult Detention, North County Detention, and Juvenile Hall, the County shall pay a 5.0% premium above the employee’s base hourly rate for all hours actually worked.