2019 - 2023 Local 39 Memorandum of Understanding:   Article 7: Salaries and Status Changes

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• 7.1 Salary
  
  • 7.1.1 Adjustments
  • 7.1.2 Hourly Cash Allowance
• 7.2 Three Steps
• 7.3 Salary at Appointment
• 7.4 Salary Consideration Upon Reappointment or Return
• 7.5 Salary Extra Help to Extra Help or Permanent Appointment
• 7.6 Salary Upon Restoration
• 7.7 Salary Upon Promotion
• 7.8 Salary – Upon Promotion – Advance Salary Step
• 7.9 Salary Upon Demotion During Probation
• 7.10 Salary Upon Involuntary Demotion
• 7.11 Salary Upon Voluntary Demotion or Displacement as a Result of Layoff
• 7.12 Building Mechanics – Special Provision
• 7.13 Salary Upon Reappointment From Voluntary Demotion
• 7.14 Salary Upon Transfer
• 7.15 Salary Upon Reallocation of Class
• 7.16 Salary Upon Reclassification of Position
  
  • 7.16.1 Salary – Upon Reclassification – Same Salary
  • 7.16.2 Salary – Upon Reclassification – Higher Salary Scale
  • 7.16.3 Salary – Upon Reclassification – Lower Salary Scale
  • 7.16.4 Salary – Upon Reclassification – New Job Classification
  • 7.16.5 Automatic Salary Increase
• 7.17 Merit Advancement Within Salary Scales
  
  • 7.17.1 Merit Increase – Not Automatic
  • 7.17.2 Merit Increase – Total Hours
• 7.18 Effective Date of Merit Increase
• 7.19 Direct Deposit
• 7.20 One-Time, Lump Sum, Pensionable, Non-Recurring Payment

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Read Next: Article 8: Hours of Work and Overtime

7.1.1 Adjustments

1. Cost of Living Adjustment
   Salary scales shall be as specified in Appendix A for each classification in the Bargaining Unit. Effective with the pay period that begins July 19, 2016, the County shall increase by three percent (3%) the steps of each scale in the Salary Table specified in Appendix A.
   
   Effective with the pay period that begins March 14, 2017, the County shall increase by three percent (3%) the steps of each scale in the Salary Table specified in Appendix A.
2. Salary Increases for Specific Classifications
   Effective July 30, 2019:  For those benchmark classifications that are below the market average, the A Step will be increased by up to 4% of the percentage listed in Appendix A-1 to this proposal.  The County will concurrently increase the A-I Steps of each Local 39 represented non-benchmark classification salary scale based on the County’s internal salary administration alignments.  
   
   Effective July 14, 2020:  For those benchmark classifications that are below the market average, the A Step will be increased by the remaining  percentage listed in Appendix A-1 to this proposal. The County will concurrently increase the A-I Steps of each Local 39 represented non-benchmark classification salary scale based on the County’s internal salary administration alignments.
   
   No salaries will be reduced as a result of these adjustments.
3. Cost of Living Adjustment for All Classifications 
   Salary scales shall be as specified in Appendix A for each classification in the Bargaining Unit. During the four year Agreement, the County will provide four salary adjustments for Local 39 represented classifications. The effective dates and amounts of the cost of living adjustments are as follows:    
   
   Effective August 13, 2019, the County shall increase by three percent (3%) the steps of each scale in the Salary Table specified in Appendix A.  
   Effective July 28, 2020, the County shall increase by three percent (3%) the steps of each scale in the Salary Table specified in Appendix A.  
   
   Effective July 13, 2021 and July 12, 2022:  For salary increases for years 3 and 4 of the Agreement, the County will increase the A-I Step of each scale in the Salary Table by at least two percent (2%) and not more than four percent (4%).  The actual amount of the increase each year within 2% and 4% will be determined by the lesser amount of the two following calculations:  
   • The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2021 and January 2022 for the preceding December percentage change from December of the prior year.
   • The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2018-19 and 2019-20 for year 3 salary adjustment; and between fiscal years 2019-20 and 2020-21 for year 4 salary adjustment, divided by 1.5, respectively.
4. County Comparison Agencies
   All County classifications within Bargaining Unit 0085 shall utilize the following for comparable agency purposes:    
   
   Alameda County, Contra Costa County, Marin County, Napa County, Sacramento County, San Mateo County, San Luis Obispo County, Santa Clara County, Santa Cruz County, Solano County, and the City of Santa Rosa shall all be included as comparable agencies.
   
   The benchmark market average will be determined by calculating the total compensation of each benchmark classification within each agency within the composite list of eleven agencies then removing the two agencies showing the highest and lowest total compensation per benchmark classification.
   
   For purposes of understanding market data in applicable classification studies, top-step salary of comparable job classifications within the composite list of eleven agencies will be determined, then the two agencies showing the highest and lowest top-step salary will be removed from the calculation. At least four match classes must exist in the calculation in order to conclude there is sufficient market data.
5. The parties agree that in preparation for the next contract negotiation only, that a labor management committee (LMC) will meet no later than August 1, 2022 to review comparable agencies, classifications and benchmarks. The County shall update total compensation data with the agreed upon match classifications (if any) as of the date of the Total Compensation Study data used in the original survey during any of the five (5) committee meetings mentioned below and/or during negotiations. The labor management team shall consist of the following: the Bargaining Unit team shall include up to two (2) employees from the Water Agency, up to two (2) employees from the Department of General Services, and one (1) union representative; the County team shall consist of three (3) representatives from the County. The parties agree that the committee will meet no more than five (5) times. Nothing in this paragraph precludes the parties from discussing comparable agencies, classifications, and benchmarks during negotiations.

7.1.2 Hourly Cash Allowance

Effective the pay period beginning April 20, 2010 the County shall pay each permanent full- and part-time employee, in addition to their hourly regular earning rate from the salary schedule, a cash allowance of $3.45 per paid status hour that the employee is in paid status excluding overtime, up to a maximum of eighty (80) hours in a pay period, (or approximately a maximum of $600.00 per month).

This hourly cash allowance is compensation for services rendered in that pay-period and shall be taken into account for the purposes of computing employees' final compensation for pension purposes, as well as all usual taxation as their regular earning rate from the salary schedule. It shall not be included on the salary schedule and shall not be impacted by future increases on the salary schedule. It is not intended as a supplement toward medical, dental, or any other insurance or benefit.

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Employees in this Unit are paid within a three (3) step system, the Steps being E, G, I of the respective salary scale. Any salary changes resulting from changes in status must be carried out within the three (3) step system.

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Except as otherwise provided by this Article 7 appointment to any position in any class shall be made at the minimum rate, i.e., Step E, and advancement to rates greater than the minimum rate, i.e., Steps G and I, shall be within the limits of the salary step for the class. In exceptional cases after reasonable effort has been made to obtain employees for a particular class at the minimum rate of Step E, employment of individuals who possess special qualifications higher than the minimum qualifications prescribed for the particular class may be authorized at Step G or I upon recommendation of the Department with approval of the County.

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A full-time or part-time employee who resigns in good standing and is reappointed on a full-time or part-time or Extra Help basis in the same or a closely related class in the same or a lower salary scale within two (2) years of resignation shall not be paid less than two (2) steps below the step paid at the time of resignation.  Approval of the County is only required if the person is rehired at a step which exceeds the step paid at the time of resignation.  A full-time or part-time employee who resigns in good standing and, within one (1) month of the date of resignation, is appointed to an Extra Help job in any class may, with approval of the appointing authority, receive the hourly rate which is closest to but does not exceed the step rate received upon resignation.

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An Extra Help employee, who is appointed to an allocated part-time or full-time position or on an Extra Help basis in any class and without a break in service, shall be paid at a step in the appropriate salary scale which is nearest in amount to that of the step received in the classification held immediately prior to this appointment. Employment at a higher salary step not to exceed the maximum of the scale may be authorized by the County. This provision 7.5 does not apply to the appointment of an Extra Help employee to another Extra Help position(s) held simultaneously with the first position.

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Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff and reappointed within two (2) years to the same class from which separated or in a closely related class in the same salary scale or in a lower salary scale than the class from which separated shall be paid at the salary step rate closest to but not exceeding the step received at the time of displacement, layoff or voluntary demotion or the step of the scale which is closest to but not exceeding the rate the employee is currently being paid as a County employee, whichever is greater. The employee shall be considered for merit increase when the employee's total hours in paid status before and after separation and restoration equal the number of hours required for merit increase during continuous employment.

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Except as otherwise provided herein, any full- or part-time employee who is promoted to a position in a class allocated to a higher salary scale than the class from which the employee was promoted shall receive the salary step of the appropriate scale that would constitute an increase of salary most closely equivalent to but not less than five percent (5%) of the employee's salary step before promotion, but not less than Step E of the new class nor greater than Step I of the new class. If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion. An employee who is promoted shall be considered for a merit increase when the employee's total hours, in paid status, exclusive of overtime subsequent to promotion equals 1,040 hours. The effective date of the merit increase shall be in accordance with Section 7.18.

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Upon promotion of a full-time or part-time employee to a new class, the Human Resources Director may recommend to the County Administrator that the person being promoted shall receive a rate of pay representing more than a five percent (5%) increase, but which in no way exceeds Step I of the new scale.

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Any full- or part-time employee who, during the employee's probationary period, is demoted to a class which the employee formerly occupied in good standing during the same period of continuous employment in paid or unpaid status, shall have the employee's salary step reduced to the salary step the employee would have received if the employee had remained in the lower class throughout the employee's period of service in the higher class. The employee's eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the period of service in the higher class. 

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A full- or part-time employee, to whom the circumstances described in Section 7.9, above, do not apply, who is demoted involuntarily to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted shall have the employee's salary step reduced to the salary step in the scale for the new class next lower than, or not more than, five percent (5%) lower than the salary step received before demotion, except that the employee shall not be paid more than Step I of the class to which the employee is demoted. The employee's eligibility for merit advancement shall not change as a result of demotion.

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A full- or part-time employee, to whom the circumstances described in Section 7.9, above, do not apply, who is demoted voluntarily or who is displaced as a result of layoff to a position of a class which is allocated to a lower salary scale than the class from which the employee is demoted or displaced as a result of layoff, shall receive the highest salary step in the scale for the new class which doesn't exceed the salary step received before demotion or displacement but not exceeding Step I of the salary step scale for the new class.  The employee's eligibility for merit advancement shall not change as a result of demotion or displacement.

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Building Mechanics I or II who were hired after July 1980, do not have the right of demotion to Building Mechanic I class under Sections 7.9, 7.10, or 7.11 above.

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Any full- or part-time employee who is demoted voluntarily and who is reappointed on a full-time or part-time basis in the same class within two (2) years, shall be reappointed at either the same step the employee received at the time of demotion or the salary step nearest the amount of the employee's present salary step, whichever is greater.

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A full-time or part-time employee who transfers from one allocated position to another allocated position in the same job class shall be placed at the same salary step that the employee was receiving prior to the transfer. A full-time or part-time employee who transfers from one allocated position in a job class to another allocated position in a closely related job class as defined in the Civil Service Rules for which s/he possesses the minimum qualifications shall be paid at the step in the new scale nearest in amount to what the employee received prior to transfer.

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An employee in a position of a class which is reallocated from one salary scale to another shall continue to receive the same salary step.

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7.16.1 Salary – Upon Reclassification – Same Salary

Whenever a position is reclassified to a class which is allocated to the same salary scale, the incumbent shall retain the same salary step received prior to the reclassification if the incumbent is appointed to fill the position in accordance with Civil Service Rules.

7.16.2 Salary – Upon Reclassification – Higher Salary Scale

Except as otherwise provided herein, whenever a position is reclassified to a class that is allocated to a higher salary scale, the salary of the incumbent shall be increased as provided by Section 7.7 Salary Upon Promotion if the incumbent is appointed to fill the position. For positions that are within the purview of the Civil Service Commission, when the Commission approves the reclassification of an incumbent employee to an existing job classification, which is allocated to a higher salary scale, the incumbent shall temporarily receive salary, as provided by the Article – Salary Upon Promotion, beginning the next available pay period after the Commission’s approval. The temporary pay will end on the effective date of the action in which the Board of Supervisors adopts the classification recommendation.

7.16.3 Salary – Upon Reclassification – Lower Salary Scale

Whenever a position is reclassified to a class which is allocated to a lower salary scale, the salary of the incumbent shall be as provided by the section upon voluntary demotion if the incumbent is appointed to fill the position (in accordance with Civil Service Rules). Whenever the effect of reclassification is to reduce the salary of an incumbent, the County may direct that the incumbent shall continue to receive the previously authorized salary step until termination of employment in the position, or until a percentage increase in pay may be authorized, whichever first occurs. Appropriate records shall show such an incumbent as being paid at a special fixed rate (Y-rate) of the salary scale for the employee's class.

7.16.4 Salary – Upon Reclassification – New Job Classification

For reclassifications in which an incumbent employee is recommended by the Human Resources Director to be reclassified to a new job classification, the incumbent employee shall receive a temporary five percent (5%) premium beginning the next available pay period after the County and Local 39 complete the meet and confer process regarding the new specification and the recommendation to reclassify the position. The temporary premium will end on the effective date that the classification recommendation is implemented or denied by the Civil Service Commission or governing body.

For any reclassification to a new job class, the temporary premium does not guarantee a particular salary outcome for the new job classification/the meet and confer process. The official placement of incumbent employee salaries will be pursuant to the Article 7.7 – Salary Upon Promotion or Article 7.16.3 – Salary – Upon Reclassification – Lower Salary Scale.

7.16.5 Automatic Salary Increase

Whenever the date of approval for a classification study by the respective governing board is greater than two years from the date Human Resources notified the requesting party of approval to conduct the classification study, and when the final recommendation results in reclassifying an incumbent(s) to a job classification with a higher salary range, the incumbent shall automatically be entitled to receive a base hourly rate of pay five percent (5%) higher than that to which the employee is entitled under the Article 7.7 – Salary Upon Promotion, but which does not exceed the top salary step of the scale.

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7.17.1 Merit Increase – Not Automatic

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall be made only upon written approval by the County. Merit increases shall be made within the appropriate salary scale for the class by advancing the employee to the new salary step rate which is most closely equivalent to five percent (5%) higher than the previous base hourly salary.

7.17.2 Merit Increase – Total Hours

Each employee shall be considered for an initial merit increase when the employee's total hours in paid status within the current class exclusive of overtime equals 1,040 hours. Each such employee shall be considered for subsequent merit increases when the employee's total hours in paid status at each step to which advanced (not to exceed Step I) equals 2,080 hours, exclusive of overtime.

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All merit increases will be effective on the date that the employee is eligible in accordance with Section 7.17.

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The County will continue to make a deposit of a participating employee’s pay checks directly to their bank or credit union accounts.  The effective date of deposit will be one day after the regularly scheduled date of payroll issue.

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Effective with the pay period that begins June 5, 2018, each regular, full time, active employee shall receive a one-time, lump sum, pensionable, and non-recurring payment in the amount of two-thousand, five-hundred, ninety-one ($2,591) to those employees in active status as of the last day of the pay period and prorated based on allocated FTE.

The one-time payments will be subject to all applicable federal, state and local tax withholdings. The payments will not be included in wages for computations of overtime and benefits or for any other purpose.

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