2018 - 2019 DSAMemorandum of Understanding: Article 34: Full Understanding, Modification, Acknowledgment
What’s on this Page
- 34.1 Full Understanding
- 34.2 Acknowledgment
- 34.3 Meet and Confer During Term of Memorandum
- 34.4 Written Modifications Required
- 34.5 No Limitation on Authority of Civil Service Commission
- 34.6 Non-Precedence
- 34.7 Side Letters
- 34.8 Health and Welfare Benefits Health Care Reform Compliance Reopener
- 34.9 Favored Nation Clause – Reopener
34.1 Full Understanding
This Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein.
All other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Except as otherwise provided in this MOU, it is agreed and understood that the parties have met and conferred in accordance with their obligations under State law and the County's Employee Relations Policy in reaching this agreement and neither party shall be obligated to meet and confer over any provision of this agreement during its term.
34.3 Meet and Confer During Term of Memorandum
- If the County proposes during the term of this Memorandum to adopt a policy or course of action on matters within the scope of representation as defined by State law that are not covered by this Agreement, it will provide the Association with written notice of the proposed policy or course of action and offer to meet and confer over the proposal in accordance with state law and the County's Employee Relations Policy.
- Special Issues
If the County's proposal covers one or more of the three matters listed below, the County and the Association agree to meet and confer on matters within the scope of representation in accordance with State and County law and with the provisions as provided in (c) below:
- The assignment of groups of employees to work hours, work shifts and/or work schedules. An example of such a change would be if the County proposed to change the work schedule of employees in the Sheriff's Patrol Division from a 4/10 to a 5/8 schedule.
- The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
- The use and assignment of county vehicles and/or personal vehicles of employees for work-related purposes. An example of such a change would be if the county proposed to assign all Sheriff's Detectives to non take-home County vehicles.
- Procedural Requirements for Section 34.3(b) Issues
The County will provide written notice to the Association describing the proposed change in the matters listed in Section 34.3(b). Upon request of the Association, the County shall provide all relevant information it has pertaining to the proposal as required by the MMBA.
The Association will have up to 15 calendar days from when it received the notice to inform the County in writing if it desires to meet and confer over the proposal. If the Association fails to notify the County within the 15 days, the County may implement the proposal without any further obligation to meet and confer with the Association.
If the Association notifies the County within 15 calendar days of its desire to meet and confer, then the County and the Association shall meet and confer in good faith over the proposed matters and all identified impacts within the scope of representation. Unless extended by mutual written agreement of the parties, the pre-impasse period for meeting and conferring pursuant to this Section 34.3 (c) shall be 35 regular County business days from when the Association was properly notified of the proposal by the County. If an agreement is not reached by the 35th regular County business day from the date the Association was notified, either party may declare an impasse by filing with the other party a written declaration of impasse and request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be held within two regular County business days, at which time the County shall present an impasse statement including the proposal that it proposes to implement after completion of the post- impasse process required by law and this Section 34.3 should further discussions fail to produce an agreement.
If an agreement is not reached at the impasse meeting, the dispute shall be submitted to mediation. If the parties fail to resolve the dispute through mediation within the timelines set forth in the MMBA, the matter may be submitted to fact finding in accordance with the provisions and timelines of the MMBA.
Section 34.3 (c) is not subject to the grievance procedure of this agreement (Article 30) in any way except for an allegation that the County failed to provide the required notice or acted to implement the change before the procedures required by this section were completed. Any ruling by an arbitrator under this Article 34.3 (c) that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
34.4 Written Modifications Required
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the Association and the County, unless made and executed in writing by the parties, and if required, approved and implemented by the Board of Supervisors.
34.5 No Limitation on Authority of Civil Service Commission
Nothing in this Agreement shall be construed to limit or remove the existing or future jurisdiction or authority of the Civil Service Commission as provided in Ordinance No. 305-A as amended, or as provided in the Rules adopted thereunder.
The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
34.7 Side Letters
All side letters or other agreements not attached to or incorporated into this Agreement are no longer valid. This MOU constitutes the entire agreement between the Association and the County.
34.8 Health and Welfare Benefits Health Care Reform Compliance Reopener
The County and the Association agree to a reopener to make necessary changes to health and welfare benefit eligibility and/or coverage options as the parties agree are required by the Patient Protection and Affordable Health Care Act (PPACA), commonly referred to as Health Care reform, or as required by similar subsequent statutes or regulations implemented during the term of this agreement.
34.9 Favored Nation Clause – Reopener
If, during the term of this extension another Bargaining Unit other than 0049 (Board of Supervisors), 0050 (Administrative Management), and 0052 (Department Heads) receives an increase or improvement in compensation or other economic benefits that is greater than agreed to by DSA, the County agrees to open the MOU and meet and confer with DSA on the subject of compensation.