Petition Unlimited No Fee

Cal. Super. - 6th Dist.March 24, 2021

1O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Z5 26 27 28 21 CV381084 Santa Clara - Civil D Har" CHRISTOPHER E. PLATTEN - 111971 Electronically FiledKEVIN S. LANDIS -331447 b S . c rt fCAWYLIE, McBRIDE, PLATTEN & RENNER Y "Perm 0” ° ’ 2025 Gateway Place, Suite 430 County 0f santa Clara: San Jose, California 951 10 on 3/24/2021 1:40 PM Telephone: (408) 979-2920 Reviewed By: D Harris Facsimile: (408) 979-2934 Case #21cv331034 Attorneys for Petitioner Envempe: 6101938 VALLEY PHYSICIANS GROUP IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA VALLEY PHYSICIANS GROUP, CASE No.: 21CV381084 Petitioner, PETITION TO COMPEL ARBITRATION vs. [CODE. CIV. PROC. §1281.2] COUNTY OF SANTA CLARA, Respondent This is a Petition to Compel Arbitration of grievances under a Memorandum of Understanding entered into pursuant to the Meyers-Milias-Brown Act, California Government Code Section 3500 et. seq. Petitioner, Valley Physicians Group ("VPG") alleges: 1. Petitioner, VPG, is the exclusive bargaining representative for all P-41 classified physicians and 0-98 classified dentists employed by Respondent County of Santa Clara ("County”) within the VPG represented bargaining unit. 2. Respondent County is a public agency within the meaning of the Meyers-Milias-Brown Act, California Government Code Section 3501 subdivision (c). PETITION TO COMPEL ARBITRATION; CASE NO.: 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The VPG and the County entered into a Memorandum of Agreement ("MOA") for the term May 9, 2016, through May 16, 2021. A true and correct copy of the MOA is attached hereto as Exhibit 1. An arbitration agreement is contained in Article 15 of the MOA, providing for final and binding arbitration decisions resolving grievances between the parties. 4. On or about March 23, 2021, the VPG requested to proceed to final and binding arbitration over a grievance regarding the County's provision of payment for waiver of medical coverage. To date, the County has refused to submit this dispute to arbitration. WHEREFORE, Petitioner prays that this Court, pursuant to the provisions of the Code of Civil Procedure Section 1281.6: 1. Compels the County to submit the foregoing disputes to arbitration consistent with the provisions of the MOU. 2. Awards attorney’s fees and costs incurred in this Petition, in addition to any further relief the Court deems just and proper. Dated: March ZZZOm Respectfully submitted, WYLIE, MCBRIDE, PLATTEN & RENNER W w @7129 2am CHRISToro‘f-IER E. PLATTEN KEVIN s. LANDIS Attorneys forPetitioner VALLEY PHYSICIANS GROUP L:\0106\73310\Pleadings\petition to compel arb.docx PETITION To COMPEL ARBITRATION; CASE No.: ' 2 EXH|B|T1 MEMORANDUM OF AGREEMENT Between COUNTY OF SANTA CLARA And VALLEY PHYSICIANS GROUP May 9, 2016 THROUGH May 16, 2021 M M ANDUM 0FAGREEMENT Between COUNTY OF SANTA CLARA And VALLEY PHYSICIANS GROUP M 9, 2016 THROUGH M 16, 2021 TABLE OF CONTENTS Page ARTICLE 1 -- RECOGNITION ............. ...................................................................................... 1 ARTICLE 2 -- NO DISCRIMINATION ...... ................................... ....... .... ... .... .. ....... .................. 2 Section 1 -- Employnient ................. ............................ .... ..................... ............................ 2 Section 2 -- VPG Affiliation ........... ... ......................... ..................... ......... .... ... ....... ... ....... 2 Section 3 -- Affirmative Action .......... ............................. .. ... ... ....................................... .. 2 ARTICLE 3 -- VPG SECURITY ........................... ........ .............................................................. 3 Section 1 -- Relationship Affirmation .. .................. ...................................... ...... ............... 3 Section 2 -- Dues Deductions ............ ........ ............. ....... .... ...... ....... ............ .. .................... 3 a) Maintenance .......... .. .... .... ......... ...... ........ .. .... ... ... .. ..... ..... .... ..... .. ..................... 3 b) Condition of Employnient ................................ ...... ..................... ......... ...... .... 3 c) Charity Fee Deduction to VMC Foundation ............. ..................................... 3 d) Change in Deduction Category ................ ..... ......... .. ... ................ .. .... .. ........... 4 e) No Fault. ... .. ................................................ .............. ........ ............. .......... ....... 4 f) Leaves of Absence ................................................ .. ...................................... .. 4 g) Financial Documentation ............ .. ....................... ................... .... ................... 4 Section 3 -- Other Deductions .......................... .............................. ......... .. ... ... .................. 5 Section 4 -- VPG Notices and Activities ............... .................. .................................. .. ..... 5 a) Bulletin Boards ............................................................................................... 5 b) Distribution ............. ....... ....... ..... ........................................... ......................... 5 c) Visits by VPG Representatives ...................................................................... 5 d) Facilities ...................................... .. ....... ........... ..... .......................................... 5 e) Names and Addresses of Covered Employees ............ ............................ ...... . 5 f) Notification of VPG Coverage ........................ ............................................... 6 g) Report of Transactions ..................... ... ........................................................... 6 Section 5 -- New Employee Orientation .. ......... .. ......................................................... ..... 6 Section 6 -- Printing of Agreement ............... .. .......... .. ..... ......................... ....... ...... .......... . 6 ARTICLE 4 -- OFFICIAL REPRESENTATIVES AND NEGOTIATING COMMITTEE. ...... 7 Section 1 -- Official Representatives ........................................... ....... ... ..... .. .................... 7 Section 2 -- Negotiating Committee ............................. ...... ......................... .. ................... 7 ARTICLE 5 -- HEALTH CARE PARTNERSHIP COMMITTEE ................................... ........... 8 Section 1 -- Statement of Philosophy ............................ ............................ .. ....... ... ............ 8 Section 2 -- Reduction in Force ..................................................................................... ... 8 ARTICLE 6 -- PERSONNEL ACTIONS .................................. ....................... .. .......................... 9 Section 1 -- Santa Clara Valley Medical Center Medical Staff Bylaws ........................... 9 Section 2 -- Personnel Files .............. ........................ .... ......... ..................... .. .................... 9 ARTICLE 7 -- PAY PRACTICES ..... ........ .. ... ....... ............................................................. ... .... 10 Section 1 -- Salaries .......................... .......... .... ... ... .... ........ ........ .............. ........................ 10 Section 2 -- New Hires .............. ........ .... ....... .. ...... ... ... ... .... .. ........ .... .... ..... ... ... .... ... .. .. .... .. 12 Section 3 -- Part-Time Salaries ... .... .. ........ ... .... .... .... .... .. ...... ...... ..... ...... .. ...... .... ..... .. ... .... 12 Section 5 -- Paychecks .................................. .. ... .. ........ .... .... .... .. ... ........ .... ... .. ........ ...... ... 13 Section 6 -- Automatic Check Deposit ...... ... ....... .... ..... .... ......... ... .. ........ ... ..... .... ....... ... .. 13 ARTICLE 8 -- HOURS OF WORK, REGULAR ASSIGNMENTS, HOLIDAYS, EXTRA- DUTY ASSIGNMENTS, PREMIUM PAY ........ .. ........... .. ..................... ....... ... ... .. .................... 14 Section 1 - Workweek and Full-Time Physicians Defined ................. .. .. .. ..... .. .............. . 14 Section 2 -- Extra Duty Assignments ......... .... .. ..... .. .... .... ..... ... ...... ..... .............. ..... ........ .. 15 Section 3 -- Call Back' Pay ..... ..... .. ...... ...... .. ..... ............ .. .. .......... ....... ... .... .. ...... ... ...... ...... 16 Section 4 -- Incentive Pay for Additional Outpatient Clinics ..... ...... ..... .... ....... .. ... ... ..... . 16 Section 5 -- Differential for Extra Non-Clinical Duties ....... ..... ... ..... ........ ....... ... .... ........ 16 Section 6 -- Hazard Duty .... .............. ......... ... ....... .... ... ............ ... ....... ..... ............ .. .... ... .... 1 7 ARTICLE 9 --ANNUAL LEAVE HOURS ... .. ... .... .... ....... ..... .. ... ... ...... ...... .... ........... ... .......... .. 18 ARTICLE IO-PROFESSIONAL LIABILITY INSURANCE ... .... .... .. .. ....... ..... ..... .... .... ... ....... 19 ARTICLE 11- LEAVE PROVISIONS ................ ... .. .. ....... .... ... ....... ... ... .. ...... ... .. ....... .. ....... ........ 20 Section 1 -- FMLA/CFRA Leave .. ............ ........ ...... ... .... ................... .......... ................... 20 Section 2 -- Pregnancy Disability Leave ................. .. ..... ................ ........... ............... ...... 21 Section 3 -- Extended Medical and/or Family Leave .................... ............ ...... .... .......... . 21 Section 4 -- Part-Time Employees ................... .... ... .... ........ .......... ... .... .......... ....... ... ... .... 22 Section 5 -- Holiday Pay .................... ............... ........... ................ .... ........... ............. .... ... 22 Section 6 -- Leave Without Pay ..................... .... ........................ ............ ......................... 22 Section 7 -- Leaves to perform Jury Duty or Respond to a Subpoena ... .... ........ ..... ........ 23 Section 8 -- Military Leave ............. .. ........ ............... ... ... ........ .. .. ............. ........ .. ... ... .. .... .. 24 Section 9 -- Sabbatical Leave for Employees ................................... ... ........ ....... ...... .... .. 25 Section 10 -- Bereavement Leave ............. ... ... ................... ....... .. ........ ..... ..... .. ............ .... 25 article 12 - LEAVE FOR PROFESSIONAL DEVELOPMENT/MAINTENANCE OF PROFICIENCIES AND DUES REIMBURSEMENT ................ ............ .............. .. ..... .. ...... .. .. .. 26 Section 1 -- Amount of Leave ............. .......... ... ............................ ....... ........................... . 26 Section 2 -- Approval and Scheduling of Leave ............................................................. 26 Section 3 -- Licenses, Dues, Fees, Educational Course Registration and Certifications 26 Section 4 -- Professional Development and Education Fund ............ ....... ...... ... ... ... ..... .. 27 Section 5 -- Part-time Employees .............. ..... ...................... .. ............. ........... ..... ........... 27 ARTICLE 13 - BENEFIT PROGRAMS ..................... .. .. ................. .. ....................................... . 28 Section 1 -- Workers' Compensation ................... ............................ .................. ........... .. 28 Section 2 -- Compensation ................................................. ............................ ....... ...... .. .. 28 Section 3 -- Industrially Injured Workers - Temporary Modified Work Program ......... 28 Section 4 -- Clothing Claims ......................................................... .......... ............... ...... ... 28 Section 5 -- Tracking of High Incidents of Industrial Injury ..... ... .... .. ... .... ... .. .. .. .. ......... . 29 Section 6 -- Repair/Replace Claims ............................................... .... ....... ............ ...... .... 29 Section 7 -- Insurance Premiums .......... .... .... .............. .... .. .... .............. ......... .... ............ ... 29 Section 8 -- Dental Insurance ............... .. ........ ...... ..................... .. ... ... ... ...................... ... .. 32 11 Section 9 -- Life and Accidental Death & Dismemberment Insurance .......... ....... ....... .. 32 Section 10 -- Vision Care Plan ....... ....... ... ... .. ...... ........ .......... ... .... ..... ...... ... ..... .. .......... .... 33 Section 11 -- Employees With Disabilities .. ........ ..... ............ .... ......... ... ....... ... .... ..... ....... 34 Section 12 -- Long-Term Disability Insurance ........ .. .. ....... ........... ... ..... ..... ... .. ......... ..... . 34 Section 13 -- Retirement ................. ... ....... .. .. .. ... .... ..... .. ..... .. ...... .. ..... .. .. .. ... .. ... ...... .... .. ... . 36 Section 14 -- Deferred Compensation Plan .... ... .. ..... ............. .. .............. ........ ..... .. .. ........ 39 Section 15 -- Optional County Policies Available at Employee's Expense ... ........ ... ..... 39 Section 16 -- County-Wide Benefits ............... .......... .......... .............. ...... .... .. ...... ... ..... ... . 40 article 14-- USE OF PRIVATE VEHICLES AND MILEAGE PAYMENT ............... ..... ..... .. . 41 Section 1 -- Use of Private Vehicles .. .. ... .. .............. ...... ...... .. ...... ...................... .. ............ 41 Section 2 -- Mileage Reimbursement for Use of Private Vehicle ..... .................... ....... .. 42 Section 3 -- County Business Travel ......................... ....... ....... ..... .................................. 42 ARTICLE 15 -- GRIEVANCE PROCEDURE .................. .. .. .. ... ... ... ... .. ........... ... .. .. ....... ......... .. 43 Section 1 -- Grievance Defined ....................... .. .. .. ...................... ......... ...... ... .... ....... ..... .. 43 a) Definition .. ..... .... .. ....... ....... .......................................................................... 43 b) Matters Excluded From Consideration Under the Grievance Procedure ..... 43 Section 2 -- Grievance Presentation ................................................................................ 43 Section 3 -- Procedural Compliance .... ............ .................... .. ................................... ...... 44 Section 4 -- Informal Resolution/Time Limits ............ .......... ................... ... ... .... ... .......... 44 Section 5 -- Formal Grievance .......... ... ............ .. ...... ... ....... ........ .. ............... ..... ...... .. ....... 45 a) Step One .. ...... ....... .. .. .. ...... ....... .. .... ... ... ........ .. ... ........... .. ............. .. .. ...... .... .... 45 b) Step Two .................. .. ........ ... ......... ...... ........ ....... .. ... ... ... ......... .. ..... ........... ... 45 Section 6 -- Arbitrators ... ......... ........ ........ ...... ................. .... .................. ..... ..................... 46 Section 7 -- Arbitration Release Time ................... .. ... .. ... ... .. .. .. ... .. ..... ... .. .. .. ...... ....... .. .... 46 ARTICLE 16-- CONFLICT OF INTEREST .................... ... ..... ....... ..................... ................... . 47 ARTICLE 17 -- STRIKES AND LOCKOUTS ........... .. .................... ................................ .. ....... 48 ARTICLE 18 -- CONTRACTING OUT ........... ... ........... .. ........ .. ............ ............ .. ....... .............. 49 Section 1 -- Notice to the VPG ............. ............ .... ...................... .. .. .. ... ........... .............. .. 49 Section 2 -- Response to Notice ...... .. ..... ... ... ... ........ .. ............. .. .............. ...... ................... 49 Section 3 -- Meet and Confer .... .... ..... ....... .. ..... ........ ............... ................... ....... ............. . 49 ARTICLE 19 -- FULL AGREEMENT ......... ............ ......... .. ..... .......... ..... ............. ... .. ...... .. ........ 50 ARTICLE 20 -- SAVINGS CLAUSE ........................ .. ..................... ............... ....................... ... 51 ARTICLE 21 --TERM OF AGREEMENT ....... ... .. ......... .. ....... .. ..... ...... ............. .... .... ....... ........ 52 iii PREAMBLE This Memorandum of Agreement is entered into by the County of Santa Clara (hereinafter referred to as the County) and the Valley Physicians Group (hereinafter referred to as the VPG). This Memorandum of Agreement incorporates by this reference all appendices attached. ARTICLE 1 -- RECOGNITION The County recognizes VPG as the exclusive bargaining representative for the following classifications: Physician - VMC ( P41) Dentist - (Q98) The terms "physicians" or "employees" as used in this Agreement shall mean both P41 and· Q98 employees unless otherwise indicated. 1 ARTICLE 2 -- NO DISCRIMINATION Section 1 -- Employment Neither the County nor the VPG shall discriminate (except as allowed by law) against employees because of race, age, sex, color, disability, creed, national origin, religion, VPG activity, affiliations, political opinions, or sexual preference. Section 2 -- VPG Affiliation Neither the County nor the VPG shall interfere with, intimidate, restrain, coerce or discriminate against any doctor or dentist's free choice to participate or join or refuse to participate or join the VPG. Section 3 -- Affirmative Action The County will follow Board of Supervisors Policy 3 .8 Policy Against Discrimination, Harassment and Retaliation; Board of Supervisors Policies 3.9 Policy on Sexual Harassment and applicable law. 2 ARTICLE 3 -- VPG SECURITY Section 1 -- Relationship Affirmation The intent and purposes of this Agreement are to encourage harmonious relationships between the County and the employees who are subject hereto; to promote and improve that relationship subject to their joint duties to the community and to the high standards of patient care; to clarify certain rights and privileges of the parties; to set forth and define rates of pay, economic benefits and other conditions of employment that shall apply to such employees; and to establish amicable processes for collective bargaining. The VPG agrees that it will cooperate with the County and support its efforts to assure efficient operation, to serve the needs of the community, and to meet the highest of professional standards in such services. Section 2 -- Dues Deductions a) Maintenance Employees covered by this Agreement who have authorized Union dues deductions as of the effective date of this Agreement shall continue to have such deductions made by the County during the term of this Agreement, except that such employees may terminate such dues pursuant to paragraph ( d) of this Section. b) Condition of Employment Each person employed during the term of this Agreement shall at the time of employment or within 30 calendar days of the effective date of this Agreement and as a condition of employment execute an authorization for the payroll deduction of (1) Union dues, or (2) Service fee equivalent, or (3) Charity fee equal to the service fee to the VMC Foundation that is exempt from taxation under section 50l(c)(3) of the Internal Revenue Code. c) Charity Fee Deduction to VMC Foundation To qualify for deduction of the charity fee to the VMC Foundation, the employee must certify to the VPG and the County that he/she is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee labor organizations. Such exempt unit member will be required to submit to the Union and the County a notarized letter signed by an official of the bona fide religion, body or sect certifying that person's membership. The deduction shall not be forwarded to the VMC Foundation until 3 the Union has approved of the exemption. Such employee is required, in-lieu-of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to the VMC Foundation. The Union will receive from the County quarterly proof of payment of amounts equivalent to such fees to the VMC Foundation d) Change in Deduction Category An employee may terminate authorization for a deduction category (e.g., union dues or service fee or charitable contribution) by giving notice thereof to the County Controller by individual letter (1) during the last fourteen (14) calendar days prior to the expiration of the contract, or (2) during the second full pay period of employment following the date of first employment. The County shall promptly forward a copy of the letter ofrevocation to the Union. An employee who revokes a particular category of deduction (e.g., union dues, service fee or charitable contribution) shall have the newly applicable deduction implemented (e.g., union dues, service fee or charitable contribution) within two pay periods following receipt of the notification by the County. e) No Fault The Union agrees to indemnify, defend and hold the County harmless from any and all claims, demands, suits, or any other action by employees arising from the provisions of this Section or from complying with any demand for termination or revocation hereunder. f) Leaves of Absence Upon return from leaves of absence, the County shall reinstate the payroll deduction of Union dues for those employees who were on dues check-off immediately prior to taking leave. g) Financial Documentation The VPG shall within sixty ( 60) days after the end of each fiscal year provide the County with required financial documentation, which shall meet the requirements of Government Code Section 3502.5 subdivision (f). 4 Section 3 -- Other Deductions The County shall make other deductions for insurance or VPG programs from pay checks of employees under reasonable procedures prescribed by the County for such deductions in accordance with procedures that may be established between the parties. Overpayments shall be recovered by the County in an amount equal to the overpayment and over the same number of pay periods as the overpayment occurred. Section 4 -- VPG Notices and Activities a) Bulletin Boards The VPG, where it represents employees of a County Department, shall be provided by that Department use of adequate and accessible space on designated bulletin boards for communications. b) Distribution The VPG may distribute material to employees m its representation unit through normal channels including use of County's e-mail. c) Visits by VPG Representatives Any non-County employee Representative of the VPG shall be allowed reasonable contact with employees on County facilities provided such contact does not interfere with the employee's work. Prearrangement for routine contact may be made. d) Facilities County buildings and other facilities shall be made available for use by the VPG or its Representatives in accordance with County policies governing such use. e) Names and Addresses of Covered Employees The County shall supply the VPG with a bi-weekly data processing run of names and addresses and classifications of work of all employees within the representation unit. Such list shall be supplied without cost to the VPG except that addresses shall not be supplied of those employees who request the County in writing not to provide such information. A copy of such request shall be forwarded to the VPG. The County shall supply the VPG with a bi-weekly data processing run of dues deducted per pay period and total dues paid by employees within the representation 5 unit. Such report shall be provided after necessary and required programming to create the report is complete. f) Notification ofVPG Coverage When a person is hired in any classification covered by this Agreement the County shall notify that person that the VPG is the recognized bargaining representative, and give that person a copy of this Agreement only when access to the electronic format of the Agreement is not practical, and a copy of the purpose and objectives ofVPG as approved. g) Report of Transactions On a monthly basis the County shall supply the VPG a data processing run covering the following transactions: newly hired employee, reinstatement, re-employment, return from leave, return from military leave, temporary military leave, injury or illness leave, indefinite military leave, resignation, dismissal, retirement, death, or layoff. Section 5 -- New Employee Orientation The VPG shall be allowed a representative at all Santa Clara Valley Medical Center orientations for new employees or departmental orientations where they are held in place of County-wide orientations when new employees represented by VPG will be attending that orientation. Such representatives shall be allowed twenty (20) minutes to make a presentation and answer questions to employees in classifications represented by their organization. The VPG may present packets to represented employees at orientation. The County or department, where appropriate, will notify the VPG thirty (30) days in advance of such orientation sessions. Section 6 -- Printing of Agreement The parties agree that an electronic format of this Agreement will be used to the maximum extent possible and the number of printed Agreements in bound form will be reduced to the minimum number that is necessary. The parties agree to share equally the cost of printing bound copies of this Agreement. The VPG shall reimburse the County for the actual cost of copies ordered by the VPG. The design and format of the printed Agreement shall be jointly determined by the parties. It is agreed that the contract will be created in electronic format not more than one hundred and twenty (120) days after final agreement on all language. 6 ARTICLE 4 -- OFFICIAL REPRESENTATIVES AND NEGOTIATING COMMITTEE Section 1 -- Official Representatives The VPG agrees to notify the County of their Official Representatives for its representation unit on July 1st of each year and changes in such Representatives. It may also designate alternates to such Official Representatives for purposes of specific meetings by advance notice to the appropriate level of Management. Time spent during duty hours participating in meet and confer or meetings with management are recognized as time worked. Section 2 -- Negotiating Committee a. There shall be six (6) Official Representatives for this bargaining unit. The County agrees to release six (6) persons upon such request where required. Should the County's Official Representatives exceed six (6), an equivalent number of Official VPG Representatives shall be released. b. Subject Matter Experts Subject matter experts for negotiations shall be allowed release time to attend scheduled negotiation meetings to provide information to the parties on specific items on an as needed basis. The County shall facilitate arranging time off for subject matter experts attending negotiations. 7 ARTICLE 5 -- HEALTH CARE PARTNERSHIP COMMITTEE Section 1 -- Statement of Philosophy We believe that all people want to be involved in the decisions that affect them, care about their jobs and each other, take pride in themselves and their contributions and want to share in the success of their efforts. Fundamental to this philosophy is the shared belief that meeting the needs of people, patients and their families, fellow employees, suppliers, elected officials and the community at large is furldamental to fulfilling our mission. The mission of the County of Santa Clara and VPG is to provide high-quality cost-effective healthcare services through the integration of healthcare professionals, support staff, technology and operational systems. Towards that end, the parties establish a Health Care Partnership Committee composed of VPG and of the County, including the County Executive's Office and the Chairperson of the VPG. The Committee shall meet at least monthly and will have particular concern for establishing the goals and objectives for Santa Clara Valley Health and Hospital System, with particular emphasis on suggestions and recommendations for the provision of high quality, productive and efficient low cost health care. Section 2 -- Reduction in Force People are the most valuable asset of the organization. It is people who develop new systems and efficiencies, and people who make these systems work in order to meet the mission. In the event employees are separated because of economic reasons, through the Partnership Committee, the parties will discuss the impact of such reduction in force due to economic reasons. 8 ARTICLE 6 -- PERSONNEL ACTIONS Section 1 -- Santa Clara Valley Medical Center Medical Staff Bylaws The County and VPG shall adhere to the provisions of the Santa Clara Valley Medical Center Medical Staff Bylaws, as amended. When amendments to the Bylaws are contemplated or proposed, the County shall provide the VPG with written notice of the proposed amendments within a reasonable time prior to any vote by the Medical Staff on such proposed amendments. The County and Valley Medical Center Management shall not oppose the establishment of official VPG representatives on the Medical Staff Bylaws Committee. Section 2 -- Personnel Files The County shall maintain a personnel file for each employee. The Santa Clara Valley Health and Hospital System may also maintain a personnel file for each employee. Employees shall have the right to review their personnel file(s) or authorize review by their representative. No adverse material will be inserted into the employee's personnel file(s) without prior notice to the employee. Employees may cause to be placed in their personnel file(s) responses to adverse material inserted therein and a reasonable amount of correspondence originating from other sources directly related to their job performance. 9 ARTICLE 7 -- PAY PRACTICES Section 1 -- Salaries No employee shall suffer a reduction in current base salary as a result of this Agreement. Base salaries shall be modified effective pay period 16/11, May 09, 2016 in accordance with Section 1. Wages set forth immediately below as reflected in Appendix A attached hereto and made a part hereof. Should language under subsection 1.) a or 1.) b below conflict with Appendix A, Appendix A shall control. 1.) Wages a. Effective pay period 16/11, May 09, 2016, all physicians, except those who received a wage adjustment within the last nine months (on or after August 3, 2015), shall receive a general wage increase of eight and one quarter percent (8.25%). Physicians who received a wage adjustment within the last nine months (on or after August 3, 2015), will receive the balance of any difference between actual adjustments made on or after August 3, 2015 and the general wage increase of 8.25% plus wage realignment as noted below in b.; b. Realignments: i. Effective pay period 16/11, May 09, 2016, physicians in Family Medicine, General Internal Medicine, Medicine Hospitalists, Dentists, Podiatry, General Pediatrics, Pediatric Hospitalists, Neurologists (Peds and Adult), Nephrologists (Peds and Adult), I.D. (Peds and Adult), Palliative Care, Heme/One, Geriatrics, Genetics, Endocrine (Peds and Adult), Rheumatology, Child Abuse, Child Development, Peds Critical Care, Peds Pulmonary, Peds Cardiology, and PM&R shall receive a wage realignment of six percent (6%). 11. Effective pay period 16/11, May 09, 2016, all other physicians not listed in i) above, shall receive a wage realignment of two percent (2%) and an additional wage realignment of four percent (4%), with the 4% realignment being fully self-funded through a higher contribution to PERS of 2.414% paid by all physicians as noted in number 3)- PERS below. Should the physicians cease making the 2.414% contribution to PERS, the 10 additional wage realignment of four percent (4%) shall cease at the same time. c. Effective pay period 17/11, May 8, 2017, all physicians shall receive a general wage increase of three percent (3%); d. Effective pay period 18111, May 7, 2018, all physicians shall receive a general wage increase of three percent (3%); e. Effective pay period 19111, May 6, 2019, all physicians shall receive a general wage increase of three percent (3%); f. Effective pay period 20/11, May 4, 2020, all physicians shall receive a general wage increase of three percent (3%); 2.) Total Compensation/Productivity Study a. The County agrees to contract with an outside consultant to conduct a study of total compensation and productivity for physicians and dentists. The study will review total compensation received by physicians and dentists, including wages and benefits, and productivity using benchmarks and measurements recognized within the industry. The study will differentiate between specialties, training, certification and/or privileges. The County will consult with VPG on the selection of the total compensation/productivity study consultant, but the final decision on selection shall be made by the County; b. The process of selection shall begin promptly at the start of the term of the memorandum of agreement and efforts shall be made to complete the study as soon as practicable. c. The total compensation/productivity study and its results does not require the parties to meet and confer regarding wages or benefits during the term of this Agreement but the parties may voluntarily agree to do so. Should the parties agree to meet and confer, any resulting agreed upon wage adjustment, if any, will be applied prospectively only. i. The parties' agreement to conduct this total compensation/productivity study and the results thereof shall not be used as a basis for a claim that physicians and dentists are not 11 3.) PERS being paid wages commensurate with those prevailing throughout the county for comparable work or for an action against the County alleging that rates of pay are not comparable, equal appropriate or lawful during the term of this Agreement. 11. Nothing in this study shall affect the right of the County to adjust physician and dentist salaries in accordance with County Salary Ordinance provisions. a. To fully self-fund the 4% wage increase as noted in 1) b) ii) above, all physicians shall pay an additional 2.414% on the PERS employer share (PEPRA total 2.414% and CLASSIC total 5.345% (2.931 %+2.414%)). Should the additional contribution of 2.414% cease, so shall the additional wage realignment of four percent (4%) provided in 1) b) ii) above. Section 2 -- New Hires New employees hired during the term of this MOU will be hired at a base salary that is commensurate with the experience, education and training of existing staff in the department/division. Section 3 -- Part-Time Salaries a) Salary Ranges For a full time physician, a regular assignment will be 2080 hours of service per year, minus approved education and annual leaves or other paid leaves as described in this Agreement. Because this unit is a professional unit, it is understood that an individual physician may require some additional time to complete their regular assignment. This additional time will not come with additional compensation. If any position is established on any other time basis, the compensation for such position shall be adjusted proportionately. Section 4 -- Benefits Part-time physicians may elect to be covered by either the County's health care package (medical, dental, vision, and life) or medical coverage only and shall authorize a payroll deduction for the appropriate prorated cost. 12 Physicians who become part-time from a full-time County position as a result of a reduction in force due to economic reasons will continue to receive full-time benefits until such time as they are offered a full-time position in their current classification or higher. Physicians may withdraw from the insurance package at any time. Physicians may enroll in the insurance package upon entering part-time, upon changing from any increment of part-time to any other increment of part-time or to full-time, or once per year during the County-wide enrollment window. Any physician in a part-time status who pays for medical benefit coverage will be reimbursed in the following pay period the additional pro-rated premiums consistent with any hours worked above their code status the previous month. Section 5 -- Paychecks a) Shortage Errors Cash advance by the Controller's Department to cover a shortage error in an employee's paycheck shall be provided to the employee within one (1) working day after written notification of discrepancy by the department to Finance. The department will notify Finance within one (1) working day after verification of the shortage. This provision is to cover only those discrepancies above a net one hundred dollars ($100.00). Shortage errors of less than a net one hundred dollars ($100.00) shall be adjusted within two (2) pay periods of when the department learns of the error. b) Overpayment Errors When a net twenty-five dollar ($25.00) or more overpayment error occurs, the employee will repay the overpayment in the same amount and within the same number of pay periods in which the error occurred. In cases that necessitate pay back of overpayments totaling more than $200.00, the County shall notify the VPG prior to implementing repayment action. Section 6 -- Automatic Check Deposit All employees shall be paid by automatic check deposit. 13 ARTICLE 8 -- HOURS OF WORK, REGULAR ASSIGNMENTS, HOLIDAYS, EXTRA-DUTY ASSIGNMENTS, PREMIUM PAY Section 1 - Workweek and Full-Time Physicians Defined The workweek for a full-time physician is defined as an 80-hour pay period schedule (or 2080 hours per year) including leaves provided by this Agreement, such as annual leave and holidays, but excluding on-call, call-back and work performed outside normal or regular department business hours (Monday through Friday 0800-1700 hours or as per unit); however other work schedules may be assigned by Management with individual physician consent. a. Management may change current physician schedules, duty location and workload talcing into consideration: • Patient needs • Health system and County needs • Physician skills, privileges, experience, additional non-clinical responsibilities, and training • Patient acuity, language barriers, limitations in information technology, and limitations in staffing • Administrative or clinical coordination responsibilities b. Duty Locations are defined as those facilities owned and operated by Santa Clara Valley Health and Hospital System as well as facilities owned and operated by others where VPG physicians are assigned as part of a clinical service relationship between the County and other entities. Duty location may include home visits. c. Definition of Business Hours and Extra Duty Hours Business hours are generally defined as Monday - Friday from 0800 to 1700. Weekday night hours are normally defined as Monday - Thursday 1 700 to 0800 the following day. Weekend hours are generally defined as Friday 1700 to the following Monday 0800. County holiday hours are defined from 0800 the day of the holiday to 0800 the following day. Business hours may 14 vary, as determined by Management (e.g. operating room or labor and delivery days may start at 0700). d. Holidays. Physicians shall be entitled to paid time off for holidays listed in this Agreement, as per current practice within each department or division. The following days shall be observed as holidays: • January 1st • Martin Luther King, Jr. Birthday • President's Day • March 31st • Memorial Day • July 4th • Labor Day • Columbus Day • Veteran's Day • Thanksgiving Day • Friday after Thanksgiving • Christmas Day • Such other holidays as may be designated by the Board of Supervisors. Holidays which fall on Sunday shall be observed on the following Monday and holidays which fall on Saturday shall be observed on the preceding Friday. Section 2 -- Extra Duty Assignments In addition to regular assignments, extra duty assignments, associated with additional compensation, may be made by Management with the consent of the individual physician. Extra duty assignments and compensation include, but are not limited to, the following: 15 a) Differential for continuous, in-house duty during non-business hours The differential shall be paid as follows: Trauma Surgery: Hourly rate + $100 per trauma alert after first trauma alert. All other specialties including, but not limited to, Anesthesiology, OB/GYN, PICU, NICU, Inpatient Wards, Radiology: Hourly rate for weekday nights, hourly rate+ $30/hour for weekends and holidays. b) Extra Duty Differential for Patient Care Physicians required for duty at the hospital or clinics more than one hour beyond business hours to meet strategic and patient care needs shall be paid hour-for-hour at hourly rate plus $30/hour (after the first hour). Examples include but are not limited to endoscopy, family planning services, and elective surgical procedures. This also includes surgical procedures that run past 1800 Monday-Friday that were started during business hours. Section 3 -- Call Back Pay Physicians returning to the hospital or clinics during off-site call will be paid a minimum of three hours at hourly rate plus $30/hour. Section 4 -- Incentive Pay for Additional Outpatient Clinics For every additional half-day clinic a physician works beyond the regular assignment, the physician will be paid at hourly rate during business hours and hourly rate plus $30/hour for all other times. If a physician works one half-day evening or weekend clinic per week as part of his or her regular assignment, the physician will be paid an additional $250 per pay period. Extra clinic compensation for physicians working less than 1.0 FTE will be paid at the hourly rate until the physician meets clinical expectations for 1.0 FTE. Section 5 -- Differential for Extra Non-Clinical Duties Non-clinical duties (ARTS - Administrative, Research, Teaching, and Strategic) are recognized as a required part of regular work assignments for physicians. The Administration may assign physicians to County-supported Administrative, Research, Teaching and Strategic (ARTS) 16 responsibilities, and may compensate physicians with a pay differential of 0.5% to 5% of the physician's base salary for performing these responsibilities (e.g., Project Directors for DSRIP, EMR, Billing/Compliance, ICDlO, Managed Care). Department Chairs and Division Chiefs appointed before November 28, 2011 shall have their base salary remain the same and shall not suffer a reduction in salary when no longer assigned Chair or Chief Chairs and Chiefs appointed after November 28, 2011 shall receive a differential of 5% of base. When no longer assigned as Chair or Chief such differential shall cease. Management will ensure that Chairs and Chiefs and those physicians assigned to AR TS duties shall be afforded sufficient time to perform the responsibilities required. Section 6 -- Hazard Duty The work places covered and included in this Section are the Juvenile Ranches and the locked/secured sections of the following facilities: The Main Jail Elmwood Juvenile Hall A premium for Hazard Duty of two hundred dollars ($200) per pay period shall be paid to coded classifications while in paid status whose regular assignment for the County requires 40 hours or more of service per pay period, continuous or interrupted, in a work place described in paragraph a). This payment shall be made regardless of pay level, extra duty work, holiday work, or other wage variations. 17 ARTICLE 9 -- ANNUAL LEAVE HOURS a. Full-time employees shall be credited at the beginning of each fiscal year in July with thirty-six (36) days (288 hours) of annual leave which will be prorated according to start date. Part-time physicians receive a prorated amount according to start date and based on code status. At the option of the employee, physicians may request the monetary value of any or all of these hours during the fiscal year at the then current salary rate, and the balance carried forward into the subsequent fiscal year in a vacation bank, but not to exceed one-hundred seventeen (117) days (936 hours) maximum accumulation authorized by this Agreement. In the event an employee is on leave without pay, a proportionate reduction in the annual leave credit provided for in this section will be made for the period of such absence. Approval of changes in scheduled vacations may be made after consideration of employee convenience and administrative and operational requirements. b. Employees terminated from County employment shall be paid the monetary value of the proportionate amount of the unused thirty-six (36) (288 hours) days annual leave for the fiscal year in which the termination occurs, prorated as of the date of termination, and the monetary value of earned and unused annual leave accrued from the previous fiscal year, not to exceed the value of one hundred seventeen (117) (936 hours) days. c. In no case shall more than one hundred seventeen (117) days (936 hours) be' accumulated in the vacation bank during the term of employment. Any balance in excess of one hundred seventeen (117) days (936 hours) shall be paid in cash at the then current salary rate at the end of the final pay period of the fiscal year (the pay period that contains June 30). d. For those employees with sick leave accruals, upon termination in good standing ' and 10 or more years of County employment, accrued and unused sick leave shall be paid at the rate of 2% for each full year of service not to exceed 50% multiplied by the current salary rate. e. Annual leave must be charged for sick leave purposes if no sick leave hours have been carried forward from prior fiscal years. Employees with sick leave balances as of July 13, 1997 shall retain those sick leave balances. The retained sick leave or annual leave balances shall be charged for any successive days of absence due to illness or injury, provided that the first day is charged to annual leave. 18 ARTICLE 10 -PROFESSIONAL LIABILITY INSURANCE County is self-insured for professional liability. Employees are covered without limit as long as they are working within the course and scope of their employment with the County. The liability coverage includes "Tail" coverage, provided at no charge, for a former employee only for events occurring as a result of duties performed within the course and scope of the former employee's County employment. Physicians who choose to "moonlight" will need to purchase individual liability insurance coverage for work outside of the County or its institutions. It is understood that "moonlighting" is work performed outside of the course and scope of duties performed during County employment. The County shall notify in writing any employee whose conduct is subject to or involved in any law suit for breach of any professional standard upon the County's discovery of such information. 19 ARTICLE 11- LEAVE PROVISIONS Section 1 -- FMLA/CFRA Leave a. Available Leave Pursuant to the Family Medical Leave Act and the California Family Rights Act, employees are entitled to up to 12 weeks ofleave in any 12 month period (a) for the birth or adoption of a child; (b) to care for a member of their immediate family who has a serious health condition; or ( c) because of the employee's own serious health condition. During this leave, employees are entitled to paid health benefits at the same rate that they would receive if they were working. b. Pay During FMLA/CFRA Leave: Employees who have sufficient credited aimual leave may use that leave consistent with their code status to receive full pay during FMLA/CFRA leave. Employees with accrued annual leave are entitled to use such leave for FMLA/CFRA leave taken to care for the serious health condition of an immediate family member. Employees with accrued annual leave or sick leave may use such leave for the employee's own serious health care condition, including any period of pregnancy disability. Employees should consult with Human Resources for detailed information regarding the additional rights and obligations of the FMLA/CFRA benefits. Employees who qualify for State Disability Insurance (SDI) or Paid Family Leave (PFL) may integrate annual and/or sick leave to be paid on a bi-weekly amount, which, when added to such SDI/PFL benefits shall approximately equal his/her normal biweekly net pay after taxes (excluding any incentive pay or differentials). Within one week of qualifying for SDI/PFL, the employee must notify Human Resources and provide the following: 1. The date the qualifying leave commenced; 2. The estimated duration of the leave; 3. Contact information for the employee; 4. Whether or not the employee is planning to file for SDI/PFL; 5. The election of annual leave/sick leave usage during the first week of any disability; 6. The election to integrate annual leave/sick leave with SDI/PFL benefits. 20 If no notification is received, no integration of annual leave/sick leave shall be effected. However, one time only per leave, the employee may change his/her option and elect integration and it shall be implemented at the start of the next pay period. In such case, integration payments shall be made prospective only. Employees who initially elect to integrate may elect to cease integration by giving written notice to the County. Integration will cease at the start of the next pay period after notice is given. No further integration will be allowed during the leave. Any notice to begin or cease integration must be in writing and directed to Human Resources. c. Unpaid FMLA/CFRA Leave Employees who do not have sufficient accrued leave to use during FMLA/CFRA leave are still entitled to the leave and to paid health benefits, provided at the same level as if the employee were continuously at work, for up to 12 weeks ofleave in any 12 month period. d. Maternity/Paternity Leave Pursuant to the FMLA and CFRA, the benefits and obligations listed above in sections A, B and C apply to maternity and paternity leave to care for a newborn child, an adopted child or placement of a foster child. Section 2 -- Pregnancy Disability Leave During the period an employee is disabled due to pregnancy, the employee is entitled up to 4 months of pregnancy disability leave in accordance with the County's Family and Medical Leave policy. The employee must be disabled due to the pregnancy in order to be eligible for pregnancy disability leave. In addition, the employee is eligible for up to twelve (12) weeks ofleave to care for herself, her child, or for baby bonding after the birth of the child in accordance with the County's Family and Medical Leave policy. Employees on pregnancy disability leave are entitled to the same pay provisions and health benefits as set forth in Sections B and C above. Section 3 -- Extended Medical and/or Family Leave a. Additional Leave Time Employees who use all of their FMLA/CFRA or Pregnancy Disability Leave may be granted an additional three months of leave for any purpose covered by the FMLA, CFRA or Pregnancy Disability. 21 b. Pay During Extended Leave Employees who have sufficient' credited annual leave shall use that leave consistent with their code status to receive full pay during the extended leave. Employees with accrued annual leave or sick leave may use such leave if the extended leave is taken to care for the employee's own serious health care, including any period of pregnancy disability. Employees with accrued annual leave may use such leave to care for the serious health condition of an immediate family member in accordance with the County's Family and Medical Leave policy. Section 4 -- Part-Time Employees Part-time employees are entitled to all of the above benefits on a pro rata FTE basis. For example, a 0.7 FTE would need to use 0.7 x 12 hours of annual leave or sick leave to continue to receive the benefits set forth in Section 3-b above for Extended Leave. Section 5 -- Holiday Pay Employees who are in a paid status will continue to be paid for holidays during an FMLA/CFRA, Pregnancy Disability or Extended leave at their regular holiday rate for all pay periods during which they receive the full or partial pay. Section 6 -- Leave Without Pay a. Reasons Granted Leaves of absence without pay may be granted to employees for up to six months, The following are approved reasons for such leaves: • Illness beyond that covered by annual leave. • Education or training which will benefit the County, separate from that provided under Article 12. • Other personal reasons which do not cause inconvenience to the department. • To accept other government agency employment. Extensions to leaves initially approved for fewer than six months may be extended up to six months. These requests shall not be unreasonably denied provided adequate advance notice is 22 given. If an employee wishes to return to work early from a leave of absence, the employee shall provide reasonable advance notice to the appointing authority. Leaves beyond six months may be granted due to unusual or special circumstances. Section 7 -- Leaves to perform Jury Duty or Respond to a Subpoena a. Response to Summons An employee shall be allowed to take leave from the employee's County duties without loss of wages, annual leave or benefits for the purpose of responding to summons to jury selection or serving on a jury for which the employee has been selected. This leave shall be subject to the limitation that an employee shall receive paid leave to serve on a jury for which the employee has been selected not more than once during a calendar year and provided that the employee executes a written waiver of all compensation other than the mileage allowance, for which the employee would otherwise receive compensation by virtue of the employee's performance of such jury duty. No employee shall be paid more than the employee's regular work week pay as a result of jury duty service. The employee is required to notify the employee's appointing authority when the employee has received ajury summons and when the employee's jury service is completed. b. Jury Duty Nothing in this Section shall prevent any County employee from serving on a jury more than once per calendar year, provided, however, that such additional periods of absence from regular County duties as a result thereof shall be charged, at the option of such employee, to either accrued annual leave or leave without pay. c. Response to a Subpoena No employee shall suffer loss of wages or benefits in responding to a subpoena to testify in court if that employee is not a party to the litigation. d. Release Time In the event an employee is called to court under the above provision, the following shall apply: • Employees who are assigned to a shift starting at or after 5:00 p.m. but before 10:00 p.m. shall have release time from work the day of court attendance; time 23 spent in court shall be deducted from the regular shift on that day with no loss of wages or benefits. • Employees who are assigned to shifts starting at or after 10:00 p.m. but before 7:00 a.m. shall have release time from work on the shift prior to court attendance; and the employee shall suffer no loss of wages or benefits. • Employees who are required to perform on-call duty shall be relieved of on-call duty while on jury duty. • When an employee, whose regularly scheduled hours includes two (2) full shifts (16 hours) of scheduled duty between 11:00 p.m., Friday to 3:00 a.m., Monday, is selected for a jury and is required to be in Court during his/her regular days off, the department will make every effort to provide the following Saturday or Sunday as a regularly scheduled day off The weekend cannot count as a weekend worked for weekend off provisions. e. Return to Work For the purpose of this Section, an employee who responds to a summons to jury duty and who is not selected as a juror shall not be deemed to have performed jury duty and shall return to work as soon as possible. Section 8 -- Military Leave a. Governing Provision The provisions of the Military and Veterans Code of the State of California and the County ordinance code shall govern the military leave of employees of the County of Santa Clara. b. Physical Examination Any regular or provisional employee shall be allowed time off with no loss in pay for the time required to receive a physical examination or re-examination as ordered by the provisions of a national conscription act or by any branch of the National or State military services. 24 Section 9 -- Sabbatical Leave for Employees P41 employees may be granted sabbatical leave in accordance with the VMC Sabbatical Guidelines 2005 in Addendum 1, except that a physician's sabbatical leave may be between one month and six months in length. Section 10 -- Bereavement Leave Leaves of absence with pay shall be granted to employees so that they may discharge their customary obligations arising from the death of a member of their immediate family .. "Immediate family" shall mean mother, father, grandmother, grandfather, spouse or registered domestic partner, mother-in-law, father-in-law, son, son-in-law, daughter, daughter-in-law, brother, sister, grandchild, brother-in-law, sister-in-law, or step-parent of the employee or any person living in the immediate household of the employee. Up to forty ( 40) hours shall be granted which shall consist of sixteen (16) hours not charged to any accumulated paid time or annual leave balance followed by twenty-four (24) hours chargeable to paid time/annual leave hours bank. An additional twenty-four (24) hours of leave, sixteen (16) chargeable to annual leave hours bank and eight (8) not charged to any accumulated balance, is authorized if out-of-state travel is required. 25 ARTICLE 12 - LEAVE FOR PROFESSIONAL DEVELOPMENT/MAINTENANCE OF PROFICIENCIES AND DUES REIMBURSEMENT Section 1 -- Amount of Leave In addition to annual leave hours set forth in Article 9, each Physician-VMC (P41) shall be credited with 40 hours educational leave with pay each fiscal year to attend courses, workshops or classes or to perform Continuing Medical Education on-line study courses. The 40 hours educational leave shall be prorated based on FTE code status and date of hire or separation. This educational leave shall: (1) be used to meet requirements for American Medical Association Category 1 Continuing Medical Education (CME); or (2) be recognized by the relevant National Specialty Organization as being appropriate to the area of the employee's practice. The leave shall be credited (made available) for the employee's use at the beginning of the first pay period of the fiscal year. Unused education leave of up to 40 hours may be rolled over for one year up to a maximum of 80 hours. Unused education leave may not be cashed out. The County agrees that if possible and as practicable, as determined by the HARP (Human Resource Payroll System) Team, the use and balance of education leave shall be reflected on an employee's paystub. Section 2 -- Approval and Scheduling of Leave The Division Chief or Department Chair or designee must pre-approve with final approval from the Chief Medical Officer or designee any use of education leave that does not meet requirements for American Medical Association Category 1 Continuing Medical Education. Employees must submit to the Division Chief or Department Chair proof of CME credit or attendance at pre-approved non-CME meeting or conference upon completion of the course, meeting, or event within 90 days after attendance. Educational leave shall be scheduled in the same manner as vacation leave. Section 3 -- Licenses, Dues, Fees, Educational Course Registration and Certifications Physicians-VMC (P41) may obtain a DEA license with a fee waived at Valley Medical Center for patient care at the County' s institutions and affiliated clinics. The following licenses, dues, and fees will be paid for all physicians employed at Valley Medical Center: (1) License renewal fees for the California Medical License; (2) Valley Medical Center Medical staff dues and other applicable fees, as well as other required hospital dues/fees for employees working at other 26 facilities within the course and scope of their employment by the County; (3) fluoroscopy license fees when required as part of a physician's work requirements. $1,200.00 per fiscal year shall be available for each Physician-VMC (P41) to use for specialty board certification or recertification fees; medical association dues per year (national, California, or Santa Clara County); CME course registration fees; and professional society dues per year. Physicians-VMC (P41) may accrue up to $6,000.00 for board certification fees, association and professional society dues funds, and CME course registration fees. These funds may not be used for other purposes and physicians will be responsible for all travel costs including air travel, hotel, food, and incidentals related to educational leave. The following licenses, dues, and fees will be paid for all Dentists (Q98s) employed at Valley Medical Center: (1) License renewal fees for the California State Dental License; (2) Valley Medical Center Medical staff dues and other applicable fees. The County shall pay for Dental Society association dues up to $1740 per fiscal year. The Dental Society association dues shall be prorated based on date of hire or termination date Section 4 -- Professional Development and Education Fund Each Physician-VMC (P41) shall be credited $4,500 at the beginning of each fiscal year, with accrual up to $9,000, to be used for purchase of medical textbooks, computer programs, journal subscriptions and other relevant educational costs. These funds may also be used to pay for travel costs, including meals, airfare, lodging costs, and course registration fees, associated with medical education events. All full-time and less-than-full-time Dentists (Q98) employed by VMC shall be eligible for up to $450 Tuition Reimbursement each fiscal year for educational costs, including costs for tuition, class fees, medical/dental textbooks, computer programs, journal subscriptions and other relevant educational costs. Section 5 -- Part-time Employees All benefits described in Article 12 will be pro-rated at the employee's FTE code status. 27 ARTICLE 13 - BENEFIT PROGRAMS Section 1-- Workers' Compensation Every employee shall be entitled to industrial injury leave when the employee is unable to perform services because of any injury as defined in the Workers' Compensation Act. Section 2 -- Compensation An employee who is disabled as a result of an industrial injury shall be placed on temporary disability leave. Temporary disability indemnity benefits will be provided in accordance with the Labor Code and integrated with the employee's sick and annual leave banks so that the employee reserves his or her full salary unless the employee makes an election at the time of filing of the Supervisor's Report of Injury that he/she does not want such integration of payments to take place. This choice shall be binding for the entire period of each disability unless the employee makes a written request to end integration. In such case, any change to integration shall be implemented at the beginning of the next pay period. If integration occurs, the first three (3) days are to be charged to the employee's accrued but unused sick leave if applicable, or annual leave. If the temporary disability period exceeds fourteen (14) calendar days, temporary disability will be paid for the first three (3) days in accordance with Labor Code Section 4652. Section 3 -- Industrially Injured Workers - Temporary Modified Work Program The County has established a program to return workers with temporary disabling occupational injuries or illnesses to modified duty within the County as soon as medically practical. Pursuant to the program, the County will make every reasonable effort to provide meaningful work assignments to all such workers capable of performing modified work. The maximum length of such work program shall not exceed twelve (12) weeks. With the approval of the Worker's Compensation Division, a temporary modified work assignment as defined under Labor Code Section 4658.1 may be extended to no more than 16 weeks. Section 4 -- Clothing Claims Loss of, or damage to, an employee's clothing resulting from an industrial injury which requires medical treatment will be replaced by the County in accordance with Workers' Compensation requirements: 28 Nothing in this Section is intended to replace or supersede Article 13.2 which provides for replacement of items damaged, lost or destroyed in the line of duty. Section 5 -- Tracking of High Incidents of Industrial Injury The County shall design and initiate a study/analysis of on-the-job injury/illness incidents to identify whether there are areas of unusually high injury and/or illness. The County may submit the report to the County-wide Safety Committee. The parties agree to review and determine what course of action, if any, may be required based on the findings. Section 6 -- Repair/Replace Claims County shall provide the necessary protective clothing to employees as provided by law under Cal-OSHA, Title 8, Article 10. The County shall pay the cost of repairing or replacing the uniforms, clothing and equipment of employees which have been damaged, lost or destroyed in the line of duty when the following conditions exist: a. The clothing, uniform or equipment is specifically required by the department or necessary to the employees to perform the employee's duty; and not adaptable for continued wear to the extent that they may be said to replace the employee's regular clothing; or b. The clothing, uniform or equipment has been damaged or destroyed in the legal restraint of persons being placed in custody or already in custody, or in a medical hold as part of the employee's duties or in the saving of a human life; and c. The employee has not, through negligence or willful misconduct, contributed to such damage or destruction of said property. Claims for reimbursement shall be reviewed and approved by the Department in accordance with procedures set forth by the County Executive. Section 7 -- Insurance Premiums a) Medical Insurance Upon ratification of this agreement by the Board of Supervisors, the County and covered employees shall share in the cost of medical plan premiums. The County will pay the cost of any premiums for "employee only" and "employee plus dependent" tiers that is not covered by the employees' share of the premium. 29 For the 2016-17 plan year, the employee share per pay period shall be as follows: Valley Health Plan $15.74 Employee only; $33.05 Employee and Adult; $28.33 Employee and child(ren); $45.64 Family Non-VHP HMO (currently Kaiser) plan $18.81 Employee only; $39.34 Employee and Adult; $33.85 Employee and child(ren); $54.53 Family Point of Service (currently Health Net) plan $30.21 Employee only; $63.97 Family In each year after the 2016-2017 plan years, for tiers with employee premium sharing, the employee share of premiums shall increase by 10% of the increase in premiums for the covered employee's selected medical plan and tier. The Non-VHP HMO plan design shall be: $10 co-payment for office visits, $35 co-payment for emergency room visits, $5-$10 co-payment for prescriptions (30-day supply) $10-$20 co-payment for prescriptions (100-day supply) $100 co-payment for hospital admission The Point of Service Plan design shall be: $15/$20/30% (Tiers 1/2/3) co-payment for office visits $50/$75/30% co-payment for emergency room visits $5/$15/$30 (generic/brand/formulary) co-payment for prescription (30-day supply) $10/$30/$60 co-payment for prescription (90-day supply). For employees occupying permanent part-time positions who work a minimum of 40 hours per pay period, the County will pay a prorated portion of the medical plan premiums described above based upon the covered employee's standard hours. 30 The parties agree that hearing aid coverage up to $1000 for 1 to 2 devices every 36 months is available under all health plans. After June 30, 2017, employees in the bargaining unit who are entitled to health insurance coverage as described in Section 7 (a) shall be offered the health plans and benefit levels that are no less than those received by the majority of County employees in coded positions. Upon request of the Union, the County shall meet over the impact of changes in carriers, plans, plan designs, and/or medical flexible spending accounts that may occur to address, negate or mitigate the imposition on the County of the federal excise tax in the Affordable Care Act. b) Dual Coverage Married couples and registered domestic partners (as described in the Domestic Partner Section of this Agreement) who are both County employees shall be eligible for coverage under one medical plan only with the County paying the full premium for dependent coverage. If both employees have single coverage, one will be converted to dependent coverage. County employee couples are not eligible to participate in the Health Plan Bonus Waiver Program. c) Medical Premiums during Medical, Family, Maternity or Industrial Injury Leave of Absence The County shall pay the employee's premium subject to applicable co-payments in this Section as follows: 1 While on medical, maternity or industrial injury leave of absence without pay, up to thirteen (13) pay periods of employee only coverage. A portion of the leave may include dependent coverage in accordance with the Family and Medical Leave Act, The California Family Rights Act and the County's Family and Medical Leave policy. 2. For an employee on family leave without pay, in accordance with the County's Family and Medical Leave Policy, up to twelve (12) weeks of dependent coverage. d) Domestic Partner Coverage 1 Registered Domestic Partners 31 County employees who have filed a Declaration of Registered Domestic Partnership in accordance with the provisions of Family Code 297-297.5 shall have the same rights, and shall be subject to the same responsibilities, obligations as are granted to and imposed on spouses. The term spouse in the contract shall apply to Registered Domestic Partners. 2 Unregistered Domestic Partners County employees who have an Affidavit of Domestic Partnership for Health or Dental Plan Enrollment of Same-Sex Domestic Partners and Domestic Partner's Children currently on file with the County benefits office, who are not also Registered Domestic Partners under 297-297.5, may continue to receive benefits as provided in the Affidavit agreement through June 30, 2012. Effective July 1, 2012 the County will only recognize Domestic Partnerships that are registered through the Secretary of State. 3. Tax Liability Employees are solely responsible for paying any tax liability resulting from benefits provided as a result of their domestic partnership. Section 8 -- Dental Insurance The County agrees to contribute the amount of the current monthly insurance premium to cover the employee and full dependent contribution and to pick up inflationary costs during the term of this Agreement. The existing Delta Dental Plan coverage will be continued in accordance with the following schedule: Basic and Prosthodontics: Orthodontics: 75-25 no deductible. $2,000 maximum per patient per calendar year. 60-40 no deductible. $2,000 lifetime maximum per patient (no age limit). The County will continue to provide an alternative dental plan. The current alternative dental plan is Liberty Dental Plan. The County will contribute up to the same dollar amount to this alternative dental plan premium as is paid to the Delta Dental Plan. Section 9 -- Life and Accidental Death & Dismemberment Insurance The County shall provide at no cost to the employee in the Classification Code P41 a group Life Insurance policy of twenty five thousand dollars ($25,000) per P41 for the term of this 32 Agreement, and a $300,000 life insurance policy and a $300,000 accidental death and dismemberment policy for each person employed in a P41 Physicians - VMC position during the period of such employment. Coverage is prorated for part-time employees. The County shall provide a $200,000 double indemnity term life insurance policy for persons in Dentist Classification Code Q98 during the period of such employment. The County shall approve the policy of insurance. The employee shall designate the ben~ficiary. Coverage is prorated for part-time employees. The County of Santa Clara shall provide term life insurance for persons in Dentist Classification Code Q98 for ten (10) years following retirement. The amount shall be two hundred thousand dollars ($200,000) for the first twenty-six pay periods following retirement, one hundred eighty thousand dollars ($180,000) for the second twenty-six pay periods following retirement, one hundred sixty thousand dollars ($160,000) for the third twenty-six pay periods following retirement, one hundred forty thousand dollars ($140,000) for the fourth twenty-six pay periods following retirement, one hundred twenty thousand dollars ($120,000) for the fifth twenty-six pay periods following retirement, one hundred thousand dollars ($100,000) for the sixth twenty-six pay periods following retirement, eighty thousand dollars ($80,000) for the seventh twenty-six pay periods following retirement, sixty thousand dollars ($60,000) for the eighth twenty-six pay periods following retirement, forty thousand dollars ($40,000) for the ninth twenty- six pay periods following retirement, and twenty thousand dollars ($20,000) for the tenth twenty-six pay periods following retirement, after which time the insurance will cease as to that specific employee. Section 10 -- Vision Care Plan The County agrees to provide a Vision Care Plan for all employees and dependents. The Plan will be the Vision Service Plan - plan A with benefits at 12/12/24 month intervals with twenty dollar ($20.00) deductible for examinations and twenty dollar ($20.00) deductible for materials. The County will fully pay the monthly premium for employee and dependents and pick up inflationary costs during the term of the agreement. 33 Section 11 -- Employees With Disabilities The County shall provide employees with disabilities with reasonable accommodation in accordance with local, state and federal law. Section 12 -- Long-Term Disability Insurance a) Physician-VMC (P41) The County shall provide a long-term disability plan at no expense to the employee in classification code Physician-VMC P41 that is occupational and specialty specific. The plan benefit will pay 70% of base salary or $15,000 per month whichever is the lesser, with a ninety-day waiting period. Coverage will be prorated for part-time employees. Physicians who currently have existing additional individual LTD coverage (provided through Paul Revere Life Insurance Co.) shall retain that coverage. There shall be no additional physicians added to the individual LTD coverage Provisions of this section for employees in Physician - VMC classification code shall be administered by the Deputy County Executive with responsibility for the Employee Services Agency and shall be subject to the reasonable discretion of said Deputy County Executive as deemed necessary for the administration thereof. b) Dentist (Q98) i. As used herein, disability means total disability from disease, pregnancy or accidental bodily injury that wholly prevents the engaging in the performance of each and every duty of the position. The Deputy County Executive with responsibility for the Employee Services Agency shall make the final determination of disability benefits and may require such proof of disability, as she/he deems appropriate. 11. If the person position Class Code Q98 becomes subject to a disability which continues uninterrupted for forty-five (45) calendar days, the County may, with the approval of the Deputy County Executive with responsibility for Employee Services Agency, pay disability income to such person for the remaining period, 34 following the initial forty-five (45) days, during which the disability continues uninterrupted for a maximum of twelve (12) calendar months, excluding the initial forty-five (45) days, or until the disability ceases, whichever occurs first. Proof of continued disability must be provided upon request. The disability period due to a normal pregnancy is up to four (4) weeks before the expected delivery date and up to six (6) weeks after the actual delivery. A physician may certify to a longer period if the delivery is accomplished by Cesarean section, if there are medical complications, or if the employee is unable to perform regular or customary job duties. iii. Such income shall consist of the salary for the position as designated in the appropriate salary ordinance, less applicable mandatory and voluntary deductions there from. During the period of such income, sick leave (if applicable) or annual leave shall not accrue or be charged. A proportionate reduction in the annual leave credit provided for in Article 9 will be made for the period of such absence. 1v. In the event of a recurrence of the disability from the same or related causes, the period of such disability shall be deemed a continuation of any prior period of disability unless during the intervening period such person has performed on a full-time basis each and every duty of the position for at least six (6) consecutive months, consisting of one hundred eighty-two (182) consecutive calendar days. Annual leave shall not be accrued for the period of such disability. A proportionate reduction in the annual leave credit provided for in Article 9 will be made for the period of such absence. v. A long-term disability insurance plan may be provided for partial salary continuation after the one-year disability income protection period described above. The insurance plan shall be selected by the Deputy County Executive with responsibility for the Employee Services Agency and may provide coverage not to exceed two-thirds of the base salary or $6,800 per month with index for 35 inflation (whichever is less) for a period of up to 65 years of age, if totally disabled. vi. The provisions of this section shall be administered by the Deputy County Executive with responsibility for the Employee Services Agency and shall be subject to the reasonable discretion of said Deputy County Executive as deemed necessary for the administration thereof. Section 13 -- Retirement a. Definition for "Classic PERS Member" and "New PERS Member" (PEPRA) in PERS: As a result of the Public Employee Pension Reform Act (PEPRA), "Classic PERS Member" miscellaneous employee shall refer to an employee who is eligible for and is placed in the 2.5% at age 55 retirement tier. "New PERS Member" (PEPRA Member) miscellaneous employee shall refer to an employee who is eligible for and placed in the 2% at age 62 retirement plan. In accordance with Government Code §20636, subsection (c) (4) within the California Public Employees' Retirement law, the full monetary value of normal contributions paid to PERS by the County on behalf of Classic PERS Member miscellaneous employees, shall be treated as special compensation effective for Miscellaneous members concurrently with the implementation of"Single Highest Year" on or after January 7, 2002. Effective May 9, 2016, the Classic PERS Member's contribution to the Employer share of PERS shall be 5.345% (2.931%+2.414%). The PERS member share shall be 1 %. Effective May 9, 2016, in addition to the required PEPRA member contribution of at least 50% of normal costs, new PERS members shall also contribute 2.414% of the Employer's share of PERS. The additional Employer share of 2.414% being paid by Classic and PEPRA members pursuant to the above is required to fully self-fund a wage increase as provided under Article 7. Should any member cease paying the additional share of 2.414%, the self-funded wage increase as listed under Article 7 shall cease for all members. 36 b. For those eligible employees who may be impacted by Internal Revenue Code (IRC) section 401(a)(l 7) and who meet the criteria established by the Board of Supervisors on May 20, 2008, the County shall continue to make contributions on behalf of employees in accordance with the Supplemental Benefits Plan (SBP) and the 401(a) defined contribution plan established for the benefit of those eligible employees. The SBP and such contributions are subject to all federal and state regulations and limits governing the administration of such plans. c. Medical Benefits for Retirees • For Employees Hired before August 12, 1996: The County shall contribute an amount equal to the cost of HMO (now Kaiser) retiree-only medical plan premium to the cost of the medical plan of employees who have completed five (5) years of service (1,305 days of accrued service) or more with the County and who retire on PERS directly from the County on or after December 5, 1983. Retirees over sixty-five (65) or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or the same sex domestic partner (as described in the Domestic Partner Section of this Agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. • For Employees Hired on or after August 12, 1996: The County shall contribute an amount equal to the cost of the HMO (now Kaiser) retiree-only medical plan premium to the cost of the medical plan of employees who have completed eight (8) years of service (2,088 days of accrued service) or more with the County and who retire on PERS directly from the County on or after December 5, 1983. Retirees over the age of sixty-five (65) or otherwise eligible for Medicare Part B must be enrolled in such a plan and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or the same sex domestic partner (as described in the Domestic Partner Section of this Agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. 37 • For Employees Hired on or after June 19, 2006: The County shall contribute an amount equal to the cost of the HMO (now Kaiser) retiree-only medical plan premium to the cost of the medical plan of employee who have completed ten (10) years of service (2610 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or same sex domestic partner (as described in the Domestic Partner Section of this Agreement) of an employee eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. • For Employees Hired on or After May 9, 2016: The County shall contribute an amount equal to the cost of the HMO (now Kaiser) retiree-only medical plan premium to the cost of the medical plan of workers who have completed fifteen (15) years of service (3915 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 or otherwise eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or registered domestic partner of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. • Such years of service expressed in the Sections above must be continuous service with the County and shall have been completed immediately preceding retirement directly on PERS from the County. d. Employee Contributions Toward Retiree Medical Obligation Unfunded Liability Effective with the pay-period May 9, 2016, all coded employees shall contribute on a bi-weekly basis an amount equivalent to 20% of the lowest cost early retiree premium rate. Such contributions are to be made on a pre-tax basis and employees shall have no vested right to the 38 contributions made by the employees. Such contributions shall be used by the County exclusively to offset a portion of the County's annual required contribution amount to the California Employers Retirement Benefit Trust established for the express purpose of meeting the County's other post-employment benefits (OPEB) obligations and shall not be used for any other purpose. Section 14 -- Deferred Compensation Plan The County will continue the present deferred compensation plan. If the County proposes to change the plan, it shall provide appropriate notice to the VPG and the parties shall meet and confer pursuant to the Full Agreement Article over said changes. Section 15 -- Optional County Policies Available at Employee's Expense. a. Supplemental Life Insurance Employees may purchase supplemental life insurance. This plan will be administered in accordance with the County's Group Supplemental Term Life Insurance plan revised September 11, 2006 and any subsequent revisions. b. Accidental Death and Dismemberment (A D & D) Employees may purchase Accidental Death and Dismemberment insurance. This plan will be administered in accordance with the County's Personnel Accident Insurance plan effective February 1, 2003 and any subsequent revision. Qualified dependents are also eligible for AD&D coverage with a pro-rata benefit. c. Health Care Waiver Program Employees may elect Bonus Waiver payment in lieu of medical coverage. Employees may enroll and this plan will be administered in compliance with the County's Health Care Bonus Waiver Program plan revised November 2009 and any subsequent revisions. d. Dependent Care Assistance Plan Employees may enroll and this plan will be administered in compliance with the County's Dependent Care Assistance Plan revised November 2009 and any subsequent revisions. e. Flexible Spending Account for Health Care 39 Employees may enroll and this plan will be administered in compliance with the County's Flexible Spending for Health Care Plan revised November 2009 and any subsequent revisions. Section 16 -- County-Wide Benefits The parties agree that, during the term of the Agreement, County-wide changes in benefits, such as me~ical, dental, vision, retirement, or holidays, shall be applied to employees in this unit. 40 ARTICLE 14 -- USE OF PRIVATE VEHICLES AND MILEAGE PAYMENT Section 1 -- Use of Private Vehicles a. No Requirement No employee shall be required as a condition of obtaining or continuing County employment, to possess or provide a private vehicle for use in connection with her/his County employment. Use of County vehicles shall be in accordance with County policies and regulations. b. Authorization of Use Departments may authorize the use of private vehicles by their Department employees, with each Department maintaining a continuous listing of those employees authorized to use their private vehicles. Each employee so authorized shall have completed applicable County authorization requirements governing County driver permits and insurance. Employees not having completed such requirements and thereby not on the listing shall be neither required nor authorized to use their private vehicles. c. Damage An employee whose vehicle is damaged in a collision with another vehicle while driving on County business shall, following the approval of the Vehicle Accident Review Board ESA Claims Division or if denied by ESA and subsequently approved on appeal to the Vehicle Accident Review Board, be reimbursed for such damage not to exceed five hundred dollars ($500.00) provided: • The driver of the other vehicle is responsible for the accident as verified by a police report, and the damages shall be unrecoverable from the other party by reason of lack of liability insurance, or • The damage is caused by a hit-run or unidentified driver as verified by a police report, and/ or • The amount of damage reimbursed by the County is not recoverable under any policy of insurance available to the employee. The County shall be subrogated to the rights of recovery from the responsible party. 41 Section 2 -- Mileage Reimbursement for Use of Private Vehicle The rate of reimbursement shall be equal to the "standard mileage rate" for auto expenses established by the Federal Government as the maximum tax-exempt mileage rate. The County rate of reimbursement shall be adjusted on the first day of the month that any change by the Federal Government "standard mileage rate" is effective. Section 3 -- County Business Travel Employees who are required in the performance of their duties to travel shall receive business travel reimbursement in accordance with Santa Clara County Policy. 42 ARTICLE 15 -- GRIEVANCE PROCEDURE The County and the VPG recognize early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of grievances of employees, the VPG, or the County. In presenting a grievance, the aggrieved and/or the aggrieved's representative is assured freedom from restraint, interference, coercion discrimination or reprisal. Section 1 -- Grievance Defined a) Definition A gnevance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Agreement, or other County ordinances, resolutions, Policy and/or Procedure Manuals affecting the working conditions of the employees covered by this Agreement, except as excluded under section 1.1 (b ). b) Matters Excluded From Consideration Under the Grievance Procedure • Disciplinary actions. • Release of an employee from provisional staff status. • Position classification. • Provisions of Santa Clara Valley Medical Staff Bylaws. • Items requiring capital expenditures. • Items within the scope of representation and subject to the meet and confer process. Section 2 -- Grievance Presentation Employees shall have the right to present their own grievance or do so through a representative of their own choice. Grievances may also be presented by a group of employees, by the VPG, or by the County. No grievance settlement may be made in violation of an existing rule, ordinance, memorandum of agreement or memorandum of understanding, nor shall any settlement may be made which affects the rights or conditions of other employees represented by the VPG without notification to and consultation with the VPG. 43 The VPG shall be provided copies of individual or group grievances and responses to same. Such grievances may not proceed beyond Step One without written concurrence of the VPG at each step. The VPG shall have the right to appear and be heard in all individual or group grievances at any step. Upon request by County, the VPG shall appear and be heard in such grievances at any step. Section 3 -- Procedural Compliance VPG grievances shall comply with all foregoing provisions and procedures. The County shall not be required to reconsider a grievance previously settled with an employee if renewed by the VPG, unless it is alleged that such grievance settlement is in violation of an existing rule, ordinance, memorandum of understanding, or memorandum of agreement. A grievance is deemed to be presented or filed when it is either received by the Office of Labor Relations if presented in person or by facsimile or by electronic mail; or on the day it is postmarked, whichever occurs first. A response by the County is deemed to be made when it is either received by the VPG when presented in person or by facsimile or by electronic mail; or on the day it is postmarked, whichever occurs first. Section 4 -- Informal Resolution/Time Limits It is agreed that employees will be encouraged to act promptly through informal discussion with their immediate supervisor on any act, condition or circumstance which is causing employee dissatisfaction and to seek action to remove the cause of dissatisfaction before it serves as the basis for a formal grievance. Time limits may be extended or waived only by written agreement of the parties. If either party fails to comply with the grievance time limits, and the matter proceeds to arbitration, the party who missed the time limits, as determined by the arbitrator, shall pay the full cost of the arbitrator. 44 Section 5 -- Formal Grievance a) Step One Within fifteen (15) working days of the occurrence or discovery of an alleged grievance, the grievance shall be presented in writing to the Office of Labor Relations. The grievance form shall contain information which identifies: • The aggrieved; • The specific nature of the grievance; • The time or place of its occurrence; • The rule, law, regulation, or policy alleged to have been violated, improperly interpreted, applied or misapplied; • The consideration given or steps taken to secure informal resolution; • The corrective action desired; and, • The name of any person or representative chosen by the employee to enter the grievance. A decision shall be made by the County in writing within fifteen (15) working days of receipt of the grievance. A copy of the decision shall be directed to the person identified in a) above. A copy shall be sent to the VPG and this copy shall dictate time limits. b) Step Two If the aggrieved continues to be dissatisfied, the aggrieved may, within fifteen (15) working days after receipt of the first step decision, present a written presentation to be directed to the County Executive's designated representative indicating the aggrieved wishes the grievance to be referred to an impartial arbitrator. The arbitrator shall be advised of and agree to the following provisions: a. Within ten (10) working days of receipt of the grievance at step two, one (1) arbitrator shall be selected from the panel and a hearing scheduled within thirty (30) calendar days. 45 b. If the selected arbitrator cannot be scheduled within ninety (90) calendar days the parties will mutually agree to either another arbitrator or extend the time limit for the hearing. c. Arbitration proceedings shall be recorded but not transcribed except at the request of either party or the arbitrator. Upon mutual agreement, the County and the VPG may submit written briefs to the arbitrator for decision in lieu of a hearing. d. This Memorandum of Agreement shall be submitted as a joint exhibit. Nothing in the Agreement shall be construed to empower any arbitrator to change, modify or amend any of its provisions The arbitrator's compensation and expenses shall be borne equally between the aggrieved and the County. Decisions of the arbitrator shall be final and binding. Section 6 -- Arbitrators For the term of this agreement the County and the Union have agreed to the following panel: Charles Askin John Kagel Christopher Burdick Alexander Cohn Carol Vendrillo Catherine Harris Katherine J. Thomson The parties may also mutually agree to choose another arbitrator not on the above list. Section 7 -- Arbitration Release Time a. The employee on whose behalf the grievance has been filed will be grant~d release time for the entire hearing. Release time to serve as a witness will be granted on a scheduled basis, i.e., when the employee is scheduled to appear. In the case of a group grievance, release time will be granted for the designated spokesperson for the entire hearing. Release time also will be granted to the appropriate VPG Representative. b. Other requests for leave for the purpose of participation in a grievance arbitration hearing will also be granted and charged to the employee's own leave time - provided the absence does not unduly interfere with the performance of service. 46 ARTICLE 18 -- CONTRACTING OUT Section 1-- Notice to the VPG The County shall give prior written notice of all proposed contracts/calls for bid to private third parties as are required to be presented to the Board of Supervisors for acceptance and/or approval which would reduce the number of positions currently in the bargaining unit. Section 2 -- Response to Notice Notice from County is to be given in writing to the VPG by personal delivery or certified mail. The VPG shall respond within five (5) working days from date of receipt with a request to meet and confer; or the VPG is deemed to have waived meet and confer rights. The VPG shall attempt to respond sooner, if possible. Section 3 -- Meet and Confer County and VPG shall meet and confer for not more than ten (10) working days within receipt of written request from the VPG. If concerns are not alleviated or agreement not reached, the County may proceed. The Board of Supervisors may proceed without meeting and conferring if it determines circumstances which justify urgency action. Reasonable advance written notice of intention to proceed on such basis shall be provided to the VPG prior to meeting of the Board; provided nothing herein shall hamper the Board's lawful exercise of authority under state law in emergency situations. 49 ARTICLE 19 -- FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the County and its Departments and the VPG. This Agreement supersedes all previous memoranda of understanding or memoranda of agreement between the County and its Departments and the VPG except as specifically referred to in this Agreement. All ordinances or rules covering any practice, subject or matter not specifically referred to in this Agreement shall not be superseded, modified or repealed by implication or otherwise by the provisions hereof during the term of this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the County, the VPG shall be afforded all possible notice and shall have the right to meet and confer upon request. In the absence of agreement on such a proposed action, the County reserves the right to take necessary action by management direction. 50 ARTICLE 20 -- SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision. 51 ARTICLE 21 -- TERM OF AGREEMENT This Agreement shall become effective only upon approval by the Board of Supervisors and upon the ratification by the VPG, and shall remain in full force and effect to and including May 16, 2021 and from year to year thereafier; provided, however, that either party may serve written notice on the other at least sixty (60) days prior to May 16, 2021, or any subsequent May 16th of its desire to terminate this Agreement or amend any provision thereof. 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