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International Union of Operating Engineers, Stationary Engineers - Local 39

2018 - 2019 Local 39Memorandum of Understanding:  Article 14: Staff Development

International Union of Operating Engineers, Stationary Engineers - Local 39

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14.1 Staff Development

The County and the Union agree that the County retains full authority to determine training needs, resources that can be made available, and the method of payment for training authorized by the County. Nothing in this section shall preclude the right of an employee to request specific training.

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    14.2 Staff Development and Wellness Benefit Allowance Program

    The Department of Human Resources shall develop, modify, implement and administer administrative/programmatic guidelines to remain in compliance with federal and/or state law, and all County policies and procedures, based on the County’s Staff Development Benefit Allowance Administrative Program Document.

    14.2.1 Staff Development and Wellness Benefit Allowance – Amounts

    As specified in the chart below, full-time and part-time eligible employees shall be entitled to the following annual benefit amounts: 

     Full Time Part Time
    Annual Staff Development / Wellness Benefit Allowance $500 $250
    Annual Staff Development / Wellness Benefit and Tool Allowance For JC’s Specified in Sec. 14.2.2 Who Provide Their Own Tools $550 $275

    Total funds per fiscal year can be used for Staff Development and/or Wellness expenditures and/or if eligible, Tool Allowance. Funds may not be carried over into the next fiscal year. Use of Staff Development / Wellness Benefit and/or, if eligible, Tool Allowance funds subject to approval and provisions of the Staff Development Administrative Manual and non-job related expenses may be taxable pursuant to the Internal Revenue Code.

    On the date of County Board of Supervisors’ approval of this successor MOU, the fiscal year Staff Development / Wellness Benefit and/or if eligible, Tool Allowance, may be used towards reimbursement for allowable Staff Development, wellness Benefit and/or if applicable Tool Allowance. Reimbursement of expenses will be based on the MOU in effect on the purchase date.

    Fiscal Year 15/16 carryover funds remaining as of July 19, 2016 may only be used for approved non-taxable Staff Development as described in County’s Staff Development Benefit Allowance Administrative Program Document. Fiscal Year 15/16 carryover fund purchases must be made and submitted by December 31, 2016. Any Fiscal 15/16 carryover funds remaining as of January 1, 2017 will be forfeited.

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    14.2.2 Tool Allowance/Staff Development and Wellness Allowance

    Full time employees who are required to provide their own personal tools to perform mechanic work may receive up to $550 of Tool Allowance and Staff Development/Wellness Allowance. Part-time employees may receive up to $275 of Tool Allowance/Staff Development and Wellness Benefit Allowance provided in this section.

    The following employees are required to provide their own tools and are eligible for Tool Allowance/Staff Development and Wellness Benefit Allowance:  employees assigned to Fleet Operations, Sonoma County Fair and Exposition, Inc. or Water Agency as an Automotive Mechanic, Automotive Technician, Heavy Equipment Mechanic, Lead Automotive Technician, Senior Heavy Equipment Mechanic, or Welder.

    Employees who receive a Tool Allowance/Staff Development and Wellness Benefit Allowance may use their allowance to purchase / replace tools or for any approved Staff Development reason; however, $550.00/$275.00 shall be the maximum amount available for any combination of tool purchase/replacement and Staff Development/Wellness Benefit.

    14.2.3  Staff Development Benefit – Computer Hardware and Mobile Devices

    The Staff Development funds may be used towards reimbursement for the purchase of computer hardware and mobile devices as defined in the County’s Staff Development Benefit Allowance Program Administrative Manual. Monthly service charges for internet and mobile communication connections are not reimbursable under the Program. The use and approval of all computer hardware and mobile devices is subject to review by the department head (or may be delegated to a senior manager only) and is subject to the specific job requirements for each job classification in that department.  All computer hardware and mobile devices must be directly job related, must be used for County business a minimum of 50% of their use and requires department head (or senior manager designee) authorization in order to qualify for reimbursement. Department head authorization for the use of this benefit towards reimbursement for computer hardware and mobile devices must be outlined and approved in the employee’s annual Professional Development Plan or proposal and will be considered together with other staff development training and educational priorities required by the department head. Taxability of this benefit allowance is strictly administered under the provisions of the Internal Revenue Code, as outlined in the County’s Staff Development Benefit Allowance Program Administrative Manual.

    No employee shall work overtime by using the computer hardware or mobile device before or after regular scheduled work time or on non-work days unless the work is authorized as described in Section 8.10 (Overtime Required and Authorized) of this MOU by the employee’s designated supervisor.

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    14.3 Staff Development – Continuing Education Courses

    Employees in allocated positions are eligible for Continuing Education Courses. Those courses taken on County time must be directly related to an employee’s present position, or career advancement within the present department, and be approved by the County. When a Continuing Education Course that is directly related to the employee’s present position or career advancement within the employee’s present department is offered during an employee’s normal work schedule, the County may approve Continuing Education leave for the employee. Approval of one course in a series does not automatically constitute approval for the entire series unless specifically authorized by the County. Continuing Education leave shall be considered as time worked.

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    14.4 Staff Development – In-service Training

    Departments shall seek the prior advice and suggestions of employees on what training, special projects or equipment the department should spend its annual in-service training funds which may be available for covered employees in accordance with departmental policy and available funds.  When a department purchases new equipment that will be used and maintained by employees, the department will make reasonable effort to provide appropriate training, or to obtain appropriate training with the purchase of the new equipment, for employees who will be expected to operate and/or maintain the equipment. In-service training courses to be attended by an employee shall have a direct bearing on the work of the employee.  Approval for training will be at the discretion of the department head. In-service training for all employees shall be made available in accordance with departmental policy and available funds and be consistent.

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    14.5 Staff Development – Non-Grievable

    Article 14 of this MOU shall not be grievable or appealable under any County policy, resolution, rule or contract provision.

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