Service Employees’ International Union

2019 - 2023 SEIU 1021
Memorandum of Understanding:  
Article 9: Special Assignment Premiums

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9.0 Implementation Date

The parties agree that this Article 9 will be implemented effective March 19, 2013 or concurrently with implementation of the provisions included in Salary Resolution of Intent; Resolution Number is 12-0398, whichever date comes later.

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9.1 Premium And Differential Pay – Overtime Computation

Premium or differential pay provided in this Memorandum will not be added to an employee’s regular base hourly rate for computing overtime or any other differential except as provided for in this Memorandum or as required by law. Premium or differential pays shall be compensated in cash in the pay period in which they are earned. The premium and differential pays in this Article shall not be included in the base pay for the calculation of any premium or differential pay.

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9.2 Shift Differential

All employees entitled to receive shift differential premiums shall be paid as follows:

Non-exempt employees on a 9/8/1 work schedule are not currently eligible for shift premiums due to lack of automated payroll audit capacity. The County intends to develop a solution no later than the first full pay period following July 1, 2017. Non-exempt employees on a 9/8/1 work schedule shall become eligible for shift differential under the following terms the first full pay period following implementation of the payroll solution or the first full pay period following July 1, 2017, whichever comes first.

An employee whose regular assigned work schedule starts at 6:00 a.m. or later and ends by 7:00 p.m. shall not be eligible for shift pay, except as provided herein.

For all other employees, shift premiums will apply for all hours actually worked within each zone. The evening zone begins at 2:00 p.m. and ends at 10:00 p.m.. The night zone begins at 10:00 p.m. and ends at the end of the assigned shift.

Shift differential shall not be paid for time spent on standby, callback or for phone work.

In the event an employee whose regular assigned work schedule starts at 6:00 a.m. or later and ends by 7:00 p.m. is held over to work more than two (2) hours contiguous with his or her regular shift or if such employee is scheduled to work an evening or night shift, the employee shall receive shift differential for the additional hours worked (beyond his or her regularly assigned work schedule) that fall within each zone.

9.2.1 Shift Differential – Evening and Night

  1. Evening zone premium: five percent (5%) of the base hourly rate per hour, for each eligible hour as specified above 9.2.
  2. Night zone premium: ten percent (10%) of the base hourly rate per hour, for each eligible hour as specified above in 9.2.
  3. Night zone premium: seventeen percent (17%) of the base hourly rate, per hour for each eligible hour actually worked on a night shift for employees in Nursing Services Bargaining Unit, as specified above in 9.2.

9.2.2 Shift Differential – Split Shift

An employee assigned to and who actually works a split workday shall receive shift differential based on the time at the beginning of each half shift. Split shifts occur with a scheduled break of more than one hour. Each portion of the shift is treated separately as described in 9.2.

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9.3 Standby – Defined

Standby duty requires that an employee designated by the County be ready to respond as soon as possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of time, and refrain from activities which might impair his/her ability to perform assigned duties. An employee who is released from duty and is assigned by the department to be on standby shall be eligible for standby pay. Standby time is not to be construed as work time. No employee shall be paid for standby duty and other compensable duty simultaneously.

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9.4 Standby – Compensation

When the County assigns an employee to standby duty, the County shall compensate the employee at the rate of $4.75 per hour for all standby compensation. Effective March 1, 2016 contingent on Union ratification of the successor MOU by March 7, 2016, when the County assigns an employee to standby duty in the Human Services Department in the Adult and Aging and Family, Youth and Children Divisions, the County shall compensate the employee at the rate of seven dollars ($7.00) per hour for all standby compensation.

If and when the County calls an employee back to work, the employee shall be paid call-back pay described in Sections 7.24 and 7.25, and shall not receive standby until the employee returns to standby status. The County shall not pay an employee for both call back and standby pay for the same hours worked.

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9.5 Standby – Human Services Department; Adult Protective Services And Child Protective Services

To respond to reports of elder abuse or child abuse, Social Services Worker IV's may volunteer to be on standby as described in Section 9.3. Social Services Worker IV's in the Family Youth and Children’s Division who serve in the Emergency Response Programs will have first priority to sign up for voluntary shifts. Any remaining shifts will then be available on a voluntary basis to all Social Services Worker IV's trained in Emergency Response Investigations and Standby Policies and Procedures. To support the Social Services Worker IV on standby, Social Services Supervisor II’s who are trained in supervising Emergency Response Investigations and Standby Policies and Procedures may volunteer to be on a separate standby rotation as described in Section 9.3. At the option of each Division, employees may volunteer for standby assignments in a one (1) day or a one (1) week period.

In the event there are insufficient volunteers, the County may assign employees to be on standby in each Division as described in Section 9.3. Social Service Worker IV’s in the Emergency Response Program and Social Services Supervisor II’s in their respective Divisions shall be assigned to standby on a rotating basis using the inverse seniority list with the following exemptions:

  1. Approved vacations will be honored and employees will be exempt from the mandated inverse seniority list for the time of their vacation.
  2. Social Services Worker IV's who are not trained in Emergency Response Investigations and Standby Policies and Procedures will be exempt from the mandated inverse seniority list until they are trained.
  3. Social Services Supervisor II's who are not trained in supervising Emergency Response Investigations and Standby Policies and Procedures will be exempt from the mandated inverse seniority list until they are trained.
  4. Employees with documented medical restrictions will be exempt from the mandated inverse seniority list for the duration of their medical restriction.
  5. All probationary employees will be exempt from the mandated inverse seniority list
  6. Employees in the Family, Youth, and Children Division in the Emergency Response Program who have volunteered for at least three (3) standby shifts within a given month are exempt from the mandated inverse seniority list for that month.

Employees may trade standby assignments with other employees once the standby calendar has been filled and posted.

All Social Services Worker IV's assigned to the Emergency Response Program in the Adult & Aging and Family, Youth and Children Divisions will be trained in Emergency Response Investigations and Standby Phone and Field Policies and Procedures in their respective programs. All Social Services Supervisor II's in the Adult & Aging and Family, Youth and Children Divisions will be trained in supervising Emergency Response Investigations and Standby Phone and Field Policies and Procedures in their respective programs. Such training will occur by the end of their probationary period or within 3 months of the ratification and Board of Supervisor approval of this contract. 

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9.6 Temporary Assignment to a Higher Class

An employee assigned by the appointing authority to perform the majority of the duties of a higher classification to fill a vacancy caused by resignation, termination, promotion, or an extended leave of absence, must complete the required personnel forms and must meet the minimum qualifications of the higher classification. Such employee shall be paid according to the salary step of the range for the new class most closely equivalent to five percent (5%) greater than the employee’s salary step before promotion, but not less than minimum salary step of the new class, nor greater than the maximum salary step of the new class. The employee shall receive this salary step as long as the employee continues to serve in such assignment and shall be entitled to receive increases for the higher class as described in Subsection 9.6.1 below.

9.6.1 Temporary Assignment – Merit Increase Eligibility 

Temporary assignments shall be administered in the following manner:

  1. If an employee assigned to a higher class has not yet reached the "I" step in the lower class, in-service hours while temporarily assigned to a higher class shall count as time served in the lower class for purposes of merit increase(s). If employee reaches the "I" step of the lower class while temporarily assigned, all subsequent in-service hours worked while assigned to the higher class will begin counting toward a merit increase in the higher class.
  2. If an employee is at the "I" step of the lower class when assigned to the higher class, in-service hours while temporarily assigned to a higher class shall count as time served in the higher class for purposes of merit increase(s) beginning with the first hour assigned in the higher class.
  3. An employee who is subsequently reassigned by the appointing authority within 12 months of the ending date of the most recent temporary assignment shall be considered for a merit increase in the higher class when the employee’s total cumulative hours in the higher class are in accordance with Subsection 8.16.2 -Total Hours Required for a merit increase.

However, if the employee received credit toward a merit increase in the lower class for hours worked in a temporary assignment as provided in Subsection 9.6.1(a), such hours shall not also count toward a merit increase in the higher class.

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9.7 Bilingual Pay

A County Department Head may designate a bargaining unit position as a bilingual position requiring specific language bilingual skills on the average of at least 10 percent of the position’s work time. Bilingual skills shall include translating, answering phone calls, research, and speaking or corresponding with clients in a language other than English. To be eligible for bilingual premium pay, the employee in the designated position must demonstrate a language proficiency of job-related terminology acceptable to the department head and the Human Resources Director.

The County shall pay the employee in a designated position a premium of one dollar and fifteen cents ($1.15) per hour in addition to the employee’s base hourly rate of pay for each hour assigned and actually worked in a bilingual designated position.

9.7.1 Bilingual Pay – Termination of

When a Department Head determines that a designated bilingual employee is no longer utilizing his/her bilingual skills at least ten percent (10%) percent of the employee’s time for three consecutive pay periods, the County may remove the employee from the list of designated bilingual employees, and the employee will no longer be entitled to receive Bilingual Pay, unless re-designated by the Department Head at a later date.

9.7.2 Bilingual Pay – Daily Assignment

When (a) a Department Head has designated a position within the bargaining unit which requires bilingual skills on the average of at least ten percent (10%) of the employee’s work time, and (b) an employee has been assigned on an on-going basis to carry out such assignment, and (c) the employee so assigned becomes absent by virtue of temporary leave such as sick leave, vacation, or compensatory time off, then the Department Head may assign an employee to carry out the required bilingual duties of the assigned position on a daily basis. This back-up person, having first demonstrated a proficiency of job-related terminology acceptable to the department head and the Human Resources Director, shall be entitled to the payment designated in Section 9.7 above for all hours actually worked in a daily assignment.

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9.8 Hazard Pay

The County shall pay an employee a premium of $1.50 per hour or portion of an hour in addition to the employee’s base hourly rate of pay for each hour assigned and actually worked performing one of the duties listed in this Section.

  1. handling explosives, or
  2. descending into pumping plant caissons, or manholes, confined space as defined by CAL-OSHA, or
  3. working in an open trench which is four or more feet deep and requires shoring, or
  4. working on sling or suspended scaffolds, boatswain chairs, steep embankments using repelling rope or working up on or at the base of pile driving leads supported by boom cranes or
  5. climbing into trees or working out of boom type elevated equipment while engaged in trimming or pruning limbs which are more than ten (10) feet from the ground, or
  6. spraying or mixing category I, II, or III pesticide or herbicide except for employees in the Vegetation Specialist and Vegetation Control Advisor job classifications, or placing or removing panel braces, spillway, flash boards, seal boards or panel members in the installation or removal of dams or fish ladders
  7. placing or removing panel braces, spillway, flash boards, seal boards or panel members in the installation or removal of dams or fish ladders.

Only one premium will be paid for any assignment under this Section 9.8.

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9.9 Animal Removal Assignment – Animal Control Officer

Employees in the job class of Animal Control Officer I and II assigned to provide field service for the Animal Control Services Contract with the City of Santa Rosa will be paid an additional rate of five percent (5%) of the "I" step of an Animal Control Officer II for all hours worked in servicing the above mentioned contract. This premium is provided due to the dead animal removal provision of the Animal Control Services Contract with the City of Santa Rosa.

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9.10 Heavy Truck Operation – Definitions

9.10.1 Definition of Heavy Truck

A heavy truck shall be defined for the purposes of this Article as:

  1. a three-axle truck, or a truck and trailer or semi-trailer combination, having a combined gross vehicle weight of 40,000 pounds or greater, or
  2. any vehicle including a four-yard or larger dump truck pulling any trailer whose gross laden weight is 10,000 pounds, or greater, or
  3. a two-axle water truck with a gross vehicle weight in excess of 30,000 pounds and requiring a tanker endorsement.

9.10.2 Qualification to Drive and Service a Heavy Truck

To be eligible and qualified to drive and service a heavy truck, an employee must possess valid California Tanker Endorsements in addition to the Class A Driver’s license.

9.10.3 Heavy Trucks Operation – Continuing Assignment

The County may assign eligible and qualified employees in the classifications of Maintenance Worker II, or Water Agency Maintenance Worker II, or Fairground Maintenance Worker, or Senior Fairgrounds Maintenance Worker to drive and provide service maintenance on heavy trucks as a continuing assignment. The County shall pay a premium of $1.50 per hour or portion of an hour in addition to the employee’s base hourly rate of pay for each hour actually worked in the continuing assignment of driving and providing service maintenance on heavy trucks. The County may terminate the continuing assignment at any time.

9.10.4 Heavy Trucks Operation – Daily or Intermittent Assignment

The County may assign eligible and qualified employees in the classifications of Bridge Worker, Maintenance Worker I and II, Water Agency Maintenance Worker I and II, Disposal Worker I, Fairground Maintenance Worker, Senior Fairgrounds Maintenance Worker, Parks and Grounds Maintenance Worker I and II, or Senior Agriculture Program Assistant to drive a heavy truck and do service maintenance as required on a day-to-day or intermittent basis. The County shall pay a premium of $2.47 per hour or portion of an hour in addition to the employee’s base hourly rate of pay for each hour actually worked in the daily or intermittent assignment of driving and providing service maintenance on heavy trucks. The County may terminate the daily or intermittent assignment at any time.

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9.11 Heavy Equipment Operation

Heavy construction equipment shall be defined as construction equipment with a gross weight of 10,000 pounds or greater such as a backhoe or crane (self-propelled personnel lifts with a gross weight of 10,000 pounds or greater are excluded).

To be eligible and qualified to operate heavy equipment:

  • An employee working for the Department of Transportation & Public Works or Sonoma County Water Agency must possess valid California Class A Driver’s license and must successfully complete forty (40) hours of County provided training.
  • An employee working for Regional Parks or Fairgrounds must successfully complete forty (40) hours of County provided training.

The County may assign eligible and qualified employees in the classifications of Maintenance Worker Iand II, Water Agency Maintenance Worker I and II, Fairgrounds Maintenance Worker, Senior Fairgrounds Maintenance Worker or Parks and Grounds Maintenance Worker I and II, or Disposal Worker I to operate and do service maintenance on heavy construction equipment for a minimum of one-half hour per work day as part of the employee’s assigned duties. The County shall pay a premium of $2.47 per hour in addition to the employee’s base hourly rate of pay for each hour or portion of hours actually worked operating and providing service maintenance on heavy construction equipment. The County shall not pay the employee this premium pay for operating heavy equipment during the employee’s 40 hours of training.

An employee in the class of Bridge Worker or Maintenance Worker II - HT (Section 9.11) shall be entitled to receive a premium of ninety-nine cents ($0.99) per hour or portion of an hour actually worked operating and providing service maintenance on heavy construction equipment.

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9.12 Heavy Equipment – Crane Operator

A Crane is defined as a 17 ton or greater crane.

To be eligible and qualified to operate a crane, an employee must possess the appropriate valid California Driver’s license with the required endorsements for operating a 17 ton or greater crane and must be trained and certified.

The County may assign an employee in the class of Senior Bridge Worker, Bridge Worker, or Bridge Supervisor assigned to on-site operation of the crane. The County shall pay a premium of five percent (5.0%) in addition to the employee’s base hourly rate of pay for each hour or portion of an hour assigned and actually worked operating the crane, excluding transportation or supervising the rigging and/or signaling / spotting for the crane operator.

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9.13 Fairground Special Equipment Operation

An employee in the class of Fairgrounds Maintenance Worker or Senior Fairgrounds Maintenance Worker, who is assigned to and who operates a three-wheeled straw loader, shall be paid an additional hourly premium of one dollar and four cents ($1.04) per hour or portion of an hour in addition to the employee’s base hourly rate of pay for each hour or portion of an hour assigned and actually worked operating this piece of equipment.

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9.14 Employees Performing Sexual Assault Exams

Employees in the Nurse Practitioner / Physician’s Assistant, and/or Staff Nurse I/II classifications shall perform sexual assault exams.

9.14.1 Training to Perform Sexual Assault Exam

The County shall train employees in the Nurse Practitioner / Physician’s Assistant, and/or Staff Nurse I/II classifications in medical protocols established by the County’s Department of Health Services. As part of the training, the County shall provide employees in these classifications with electronic or hard copies of relevant medical protocols.

9.14.2 Daily-On-Call Stipend

The County shall assign employees in the Nurse Practitioner / Physician’s Assistant, and/or Staff Nurse I/II classifications to the weekly rotation for daily-on-call duty in the Sexual Assault Exam Program. Each assigned employee shall remain on-call and available to perform sexual assault exams during the scheduled eight-hour period of time assigned as daily- on-call duty. The County shall pay each assigned employee a daily- on-call stipend of $100.00 per eight-hour period served on daily-on- call duty. The County shall prorate the stipend if the employee is assigned to a daily-on-call duty other than eight hours. Such pro-ration shall be based on the relationship the employee’s on call period bears to an eight-hour period.

9.14.3 Stipend for Each Sexual Assault Exam

In addition to the daily-on-call stipend described in 9.14.2, the County shall pay each employee assigned to daily-on-call duty in the Sexual Assault Exam Program who is assigned to perform a sexual assault exam a stipend of $275.00 per sexual assault exam performed.

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9.15 Premium Pay – Extra Help Employees

The County shall pay a premium of ten percent (10%) in addition to the employee’s base hourly rate of pay for each hour assigned and actually worked as an Extra Help employee in the class of Psychiatric Technician, Licensed Vocational Nurse I, Licensed Vocational Nurse II, Nursing Assistant, Laboratory Assistant, Medical Transcriber and Medical Unit Clerk.

The County shall pay a premium of twenty percent (20%) in addition to the employee’s base hourly rate of pay for each hour actually worked as an Extra Help employee in the class of Psychiatric Nurse, Family Nurse Practitioner/Physician Assistant, Nurse Practitioner OB/GYN, Staff Nurse I, and Staff Nurse II.

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9.16 Premium Pay – General Assistance, Probation Youth Camp, Jail Crews

  1. The County shall pay a premium of five percent (5%) in addition to the employee’s base hourly rate of pay for each hour actually worked as a non- supervisory employee assigned to lead a jail, NCDF, Adult Offender, Probation Youth Camp (not covered in Section “b” below), Community Service Time, or General Assistance work crew of at least three (3) to five (5) persons. The County shall pay a premium of seven and one-half percent (7.5%) in addition to the employee’s base hourly rate of pay for each hour actually worked as a non-supervisory employee assigned to lead such a crew of six (6) or more persons. The County shall not pay an employee for both premium pays for the same period of time.
  2. For non-supervisory employees within the Probation Youth Camp that lead a youth crew of three (3) or more that varies in number throughout the day, the County shall pay a premium of five percent (5.0%) in addition to the employee’s base hourly rate of pay for each hour actually worked if the highest number of youths supervised during each work day is less than six persons. County shall pay a premium of seven and one-half percent (7.5%) in addition to the employee’s base hourly rate of pay for each hour actually worked if the highest number of youths supervised during each work day is six or more persons. County shall not pay an employee for both premium pays for the same period of time.
  3. Sections “a” and “b” above do not apply to Probation Assistants, who are receiving an equity adjustment to recognize duties performed.

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9.17 Nursing – Additional Degrees Premium Pay

A nurse may only be eligible for premium pay based on one of the following additional degrees. In the event a nurse has more than one degree, the following premium pays shall not be cumulative.

Each Registered Nurse who is employed in the class of Staff Nurse I, Staff Nurse II, Psychiatric Nurse, or Supervising Staff Nurse who holds a baccalaureate degree in nursing, shall be paid according to the salary range which is greater by five percent (5%) than the range to which the employee’s class is allocated.

Each Psychiatric Nurse in Mental Health who holds a baccalaureate degree in psychology shall be paid according to the salary range which is greater by five percent (5%) than the range to which the employee’s class is allocated.

Each registered nurse in any of the above classes or Supervising Public Health Nurse who holds a master’s degree in nursing shall be paid according to the salary range which is greater by seven and one-half percent (7.5%) than the range to which the employee’s class is allocated.

Each Psychiatric Nurse who holds a master’s degree in psychology shall be paid according to the salary range that is greater by seven and one-half percent (7.5%) than the range to which the employee’s class is allocated.

Each Physician’s Assistant or Nurse Practitioner who holds a Master’s Degree in Physician Assistant or Nursing shall be paid according to the salary range which is greater by seven and one-half percent (7.5%) than the range to which the employee’s class is allocated.

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9.18 Nursing – Additional Degrees Premium – Supv. FNP/PA

Supervising Nurse Practitioner/Physician Assistants shall not be entitled to any additional degree - nursing pay. However, to avoid salary compaction, a Supervising Nurse Practitioner/Physician Assistant, who is assigned to supervise a Family Nurse Practitioner who is receiving a premium, shall receive a five percent (5%) premium above the salary range and additional degree-nursing pay premium associated with the most advanced nursing degree of the Family Nurse Practitioner being supervised (e.g.: a FNP/PA who supervises a FNP, a FNP-BS, and a FNP-MS will receive five percent (5%) above the salary range and nursing degree premium for FNP-MS).

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9.19 Nursing – Additional Degrees Premium – Affirmation

An employee must submit documentation showing the employee possesses the respective degree prior to receiving pay for the respective degree. The premium shall become effective on the first day of the pay period following receipt of the proper documentation. The current County procedure for documentation shall remain unchanged during the term of this Memorandum.

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9.20 Premium Pay – No Rest Break at Disposal Transfer Station

Notwithstanding the provisions of Section 7.21 (Rest Periods), an employee may be prohibited from taking rest breaks by sole assignment to a refuse disposal transfer station by the County. For each day an employee is prohibited from taking a rest break under this Section 9.20, the employee shall be entitled to receive a premium equivalent to.25 hours at the base hourly rate for the “I” Step of the range for the Disposal Worker I classification.

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9.21 Assignment to Detention Facilities

When an employee is assigned to one of the following detention facilities: Main Adult Detention, North County Detention, Juvenile Hall, Probation Youth Camp, Sierra Youth Center, the County shall pay such employee the following premium pays:

Janitor or Head Janitor 5.0% premium pay above the employee’s base hourly rate for all hours actually worked
Assistant Cook, Cook or Chef currently eligible for this premium pay 10.0% premium pay above the employee’s base hourly rate for all hours actually worked
Assistant Cook, Cook or Chef, becomes eligible for this premium pay on or after March 19, 2013 for the first time 5.0% premium pay above the employee’s base hourly rate for all hours actually worked
Psychiatric Nurses, Staff Nurse(s) I/II and Family Nurse Practitioner/Physician Assistants 10.0% premium pay above the employee’s base hourly rate for all hours actually worked

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9.22 Facilities Assignments Premium Pay

When an Office Support Supervisor or a Senior Office Support Supervisor in the Human Services Department is assigned by the Department Head or designee to building/facility maintenance tasks such as liaison with landlords, security firms, management of building equipment, pool cars or other related tasks and these tasks require twenty-five percent (25%) or more of his/her time, he/she will receive a premium pay five percent (5%) above the employee’s base hourly rate for all hours assigned and actually worked.

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9.23 Services & Technical Support – Regional Parks Department – North Coast Assignment Premium

Any employee in the class of Park Ranger Trainee, Park Ranger III and Parks & Grounds Maintenance Worker II who is permanently assigned to the North Coast reporting locations for Stillwater Cove and Gualala shall receive a ten percent (10%) premium for all hours assigned and actually worked.

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9.24 Crisis Stabilization Unit (CSU) Premium Pay

For each hour or portion of an hour assigned and actually worked in the Crisis Stabilization Unit (CSU), employees shall be paid an additional five percent (5%) premium pay.

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Contact Information

Human Resources Department
Business Hours
Monday – Friday
8:00 AM – 5:00 PM
Contact us by Phone
Address
575 Administration Drive
Room 116 B
Santa Rosa, CA 95403
38.465237, -122.725363

Labor Negotiation Updates

Bargaining Unit Contacts

Michael Viloria
Field Representative
Human Services & Department of Health Services
Phone: (707) 293-2878
Cell: (415) 226-8928
michael.viloria@seiu1021.org

Diego Santelices
Field Representative
Phone: (707) 293-2869
Cell: (530) 339-6952
diego.santelices@seiu1021.org

Andrea Zanetti
Area Director
Phone: (707) 293-2879
Cell: (707) 290-4888
andrea.zanetti@seiu1021.org

600 B Street
Santa Rosa, CA 95401

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SEIU MOU 2019-2023
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