HomeMy WebLinkAboutAgreement A-20-036 with SEIU Local 2015 and Fresno County IHSS Public Authority.pdfAgreement No . 20-036
MEMORANDUM OF
UNDERSTANDING
BETWEEN
SEIU Local 2015
AND
Fresno County IHSS Public Authority
Upon approval by the Public Authority Board of
Governors through December 31, 2022
If any items are inadvertently incons istent with previous TA's, then the previously TA 'd
language prevails when the final document goes to print.
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Table of Contents
ARTICLE PAGE
ARTICLE 1: INTRODUCTION……………………………………………….. 3
ARTICLE 2: UNION RECOGNITION……………………………………….. 3
ARTICLE 3: MUTUAL RESPECT…………………………………………… 3
ARTICLE 4: MANAGEMENT RIGHTS……………………………………… 3
ARTICLE 5: LABOR DEDUCTIONS………………………………………… 3
ARTICLE 6: HEALTH BENEFIT MANAGEMENT…………………………. 4
ARTICLE 7: COMMUNICATIONS…………………………………………... 5
ARTICLE 8: MEETING SPACE……………………………………………… 5
ARTICLE 9: OFFICIAL REPRESENTATIVES, STEWARDS…………….. 5
ARTICLE 10: PROVIDER ORIENTATIONS……………………………….. 5
ARTICLE 11: UNION MEMBERSHIP AND DUES CHECKOFF…………. 6
ARTICLE 12: GRIEVANCE PROCEDURE AND ARBITRATION……….. 6
ARTICLE 13: WAGES………………………………………………………... 9
ARTICLE 14: HEALTH INSURANCE……………………………………….. 9
ARTICLE 15: UNFORESEEN ADMINISTRATIVE DELAYS IMPACTING
WAGES OR BENEFITS………………………………………………………
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ARTICLE 16: REOPENER REGARDING SICK LEAVE………………….. 10
ARTICLE 17: REGISTRY SERVICES………………………………………. 10
ARTICLE 18: REGISTRY REMOVAL AND APPEAL PROCESS………... 11
ARTICLE 19: LABOR-MANAGEMENT COMMITTEE…………………….. 11
ARTICLE 20: NO STRIKE/NO LOCKOUT…………………………………. 12
ARTICLE 21: SEPARABILITY OF PROVISION/SAVINGS CLAUSE…… 12
ARTICLE 22: TERM OF MOU AND RENEGOTIATION…………………... 12
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ARTICLE 1: INTRODUCTION
This Agreement formalizes the relationship between the In-Home Supportive Services (IHSS)
Public Authority (“Public Authority”) and SEIU Local 2015 (”Union”).
The Public Authority and the Union agree to work together in good faith to implement the terms
and conditions of this agreement.
ARTICLE 2: UNION RECOGNITION
The Public Authority recognizes the SEIU Local 2015 as the certified labor representative of the
Fresno County Public Authority IHSS Independent Providers (“Providers”).
ARTICLE 3: MUTUAL RESPECT
The Public Authority and the Union agree that all Providers, Recipients and Administrators, and
County employees involved in the IHSS program, regardless of position, profession or rank,
should be treated with courtesy, dignity and respect, and shall so treat one another.
All parties will respect the confidentiality of personal information of Providers and Recipients,
including, but not limited to, any Recipient personal or health information.
ARTICLE 4: MANAGEMENT RIGHTS
Management of the Public Authority retains all management rights not altered by law or express
terms of this Memorandum of Understanding.
ARTICLE 5: LABOR DEDUCTIONS
1. The Union acknowledges that members of their labor organization have been granted
access to the CMIPS II Labor Organizations Interface by the California Department of Social
Services in order to process deductions for Provider Union Dues.
2. The information included in the labor organization file includes the following:
. Provider Identification Number
. Provider last name
. Provider first name
. Provider middle name
. Home Address
. City
. State
. Zip code + 4
. All existing phone numbers with area code
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. Date of Birth
. Gender
. Provider Job Status
. Hours worked
. Email (if possible)
3. The Union acknowledges that their labor organization and/or any of their agents involved
in the Union Dues deduction process are responsible for any suspected breach resulting in
missing data or an actual loss. The Union will notify the Public Authority within twenty- four (24)
hours of any suspected breach or actual loss. Full responsibility of the use and security of the
data is the responsibility of the Union.
4. The Union shall defend, indemnify, and hold harmless the County of Fresno and the Public
Authority and its respective boards, directors, officers, and employees from any and all claims,
demands, suits and any other action alleging that the Union has misused or inappropriately
disclosed Provider data obtained from the California State Department of Social Services.
ARTICLE 6: HEALTH BENEFIT MANAGEMENT
1. The Union acknowledges that members of their labor organization have been granted
access to the CMIPS II Health Benefit Manager Interface by the County of Fresno in order to
process deductions for Provider Health Benefits.
2. The information included in the labor organization file included the following:
• Provider Identification Number
• Provider last name
• Provider first name
• Provider middle name
• Home address
• City
• State
• Zip code + 4
• All existing phone numbers with area code
• Date of Birth
• Gender
• Provider Job Status
• Hours worked
• Email (if possible)
3. The Union acknowledges that their labor organization and/or any of their agents involved
in the health care deduction process are responsible for any suspected breach resulting in missing
data or an actual loss. The Union will notify the Public Authority within twenty- four (24) hours of
any suspected breach or actual loss. Full responsibility of the use and security of the data is the
responsibility of the Union.
4. The Union shall defend, indemnify, and hold harmless the County of Fresno and the Public
Authority and its respective boards, directors, officers, and employees from any and all claims,
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demands, suits and any other action alleging that the Union has misused or inappropriately
disclosed Provider data obtained from the Public Authority.
ARTICLE 7: COMMUNICATIONS
Reasonable space for Union material will be provided on a Public Authority bulletin board, which
up through on or about September 30, 2020 will be located at 2025 E. Dakota Fresno CA 93726,
and thereafter beginning on or about October 1, 2020 will be changed to be located at 3500 Never
Forget Lane, Clovis CA 93612.
ARTICLE 8: MEETING SPACE
The Public Authority, at the Union’s request, will make available conference rooms for the purpose
of holding Union meetings. The Union will provide timely notice (48 hours) of such meetings and
will comply with Public Authority regulations for use of such facilities.
ARTICLE 9: OFFICIAL REPRESENTATIVES, STEWARDS
Each January the Union shall provide a current Official Representative list of Stewards to the
Public Authority. This list may include up to 50 names and shall include the name, title, telephone
number, mailing address and e-mail address of the Union’s official representatives including
stewards. The Union shall, in a timely manner, notify the Public Authority of any changes to the
list. The official representatives and stewards shall not be recognized by the Public Authority until
such list or changes are provided to the Public Authority.
ARTICLE 10: PROVIDER ORIENTATIONS
Prospective Providers will be instructed to complete a mandatory onsite group orientation
following completion of their individual online enrollment process through the Public Authority
Registration, Enrollment and Video Application (REVA).
The Public Authority shall provide 10 days’ notice to the Union of new Applicant and Provider
orientations or changes to orientation schedules, indicating the primary language of the meeting.
The Public Authority shall schedule 30 minutes for the Union to make presentations at the
beginning of the orientation. The Union presentation times will be 9:00 am to 9:30 am for the
morning orientation and 1:30 pm to 2:00 pm for the afternoon orientation.
Upon request and with proper notice, the Union will be allowed to utilize available audio visual
equipment. The Public Authority will provide the Union with a copy of the attendance list after
each New Provider Orientation.
In the event that the Union is unable to attend a group orientation, the Union agrees to provide
timely notice to the Public Authority. The Public Authority shall provide information concerning the
Union, including the Union Membership Authorization forms. The Union shall provide all such
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materials to the Public Authority. The Public Authority will instruct prospective Providers to call
the Union if they have any questions.
ARTICLE 11: UNION MEMBERSHIP AND DUES CHECKOFF
1. Notice
Any Provider hired subject to this Memorandum of Understanding shall be provided an
authorization form and written notice that the Public Authority has a Memorandum of
Understanding with the Union regarding wages, benefits and other terms and conditions of
employment. The blank form and written notice shall be provided by the Union to the Public
Authority and shall be distributed to each new Provider at the IHSS orientation. The form, signed
by the Provider, shall be returned to the Union by the Provider.
2. Payroll Deductions
The parties acknowledge that neither the Public Authority nor the County of Fresno shall be
responsible for actually administering the dues withholdings, which is administered by the
California State Controller’s office and the Union.
The Union shall instruct the State to commence and continue a monthly payroll deduction of Union
dues and other authorized deductions from the regular pay warrants of Providers who have
authorized such deduction. The Union shall instruct the State of the dollar amount to deduct for
Union dues or other authorized Union deductions, specifying the purpose(s) of the deduction. The
State shall continue to make such deductions as instructed for so long as the Union provides such
instruction.
a) When an individual Provider’s earnings for a calendar month, after required federal and
state deductions are made, are insufficient to cover the amount of dues, no dues payment
will be withheld for that calendar month. Further, no withholding will be made to recover
that calendar month from future earnings.
b) When an individual Provider is in non-paid status for an entire calendar month, no dues
payment will be withheld for that calendar month. Further, no withholding will be made to
cover that calendar month from future earnings.
c) All required federal and state deductions shall have priority over Union dues.
3. Indemnification
The Union shall indemnify, defend and hold the Public Authority and the County, its officers,
agents and employees harmless from and against any and all claims, demands, losses, defense
costs, or liability of any kind or nature which may be imposed upon them relating to the Public
Authority’s and/or the County’s compliance with this article, including claims relating to the Unions
use of the monies collected under these provisions.
ARTICLE 12: GRIEVANCE PROCEDURE AND ARBITRATION
Section 1: Purpose
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The purpose of this procedure is to provide for an orderly process for reviewing and resolving
Provider grievances at the lowest possible level.
Section 2: Definitions
Grievance: An alleged violation, or misapplication of a specific provision of this Agreement which
adversely affects the grievant, except as explicitly limited by the provisions of this Agreement.
Grievant: A Provider in the unit who is filing a grievance as defined above.
Group Grievance: An alleged violation, or misapplication of a specific provision of this Agreement
which adversely affects more than one Provider in a substantially similar manner and is
represented by a single person or the Union.
Section 3: General Provisions
This procedure shall be the exclusive procedure for adjusting grievances of Providers within the
bargaining unit.
No reprisal of any nature shall be taken against any Provider for utilizing the grievance procedure.
The grievant may be represented by a representative of his/her choosing at any level of this
procedure. The Union may represent the Grievant at any step in the grievance procedure.
If the Grievant fails to carry his/her grievances forward to the next level within the prescribed time
period, the grievance shall be considered settled based upon the decision rendered at the most
recent step utilized and any right to pursue the grievance further shall be deemed waived and
abandoned.
If the Public Authority fails to respond within the prescribed time period, the grievant may elevate
his/her grievance to the next level/step.
Unless stated otherwise, all days are calendar days.
Any timeframe specified in this procedure may be extended or waived by mutual consent of the
Public Authority and the Grievant or his/her representative.
Section 4: Procedure
Step 1 - Discussion
Any Provider who believes that a specific provision of this Agreement has been violated, or
misapplied to his/her detriment shall, within thirty (30) days of the incident or occurrence about
which the grievant claims to have a grievance, discuss the grievance with the Public Authority
representative.
The Public Authority representative, or his/her designee shall consider the grievance and respond
to the grievant within fifteen (15) days of the discussion.
Step 2 – Written
If the Grievant is not satisfied with the response at Step 1, the Grievant may submit the grievance
in writing within fifteen (15) days to the Public Authority representative, or his/her designee.
To be considered at Step 2 a grievance must state in writing:
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1. The name(s) of the affected Provider(s).
2. The specific provision of the Agreement that is alleged to have been violated.
3. The circumstances giving rise to the grievance.
4. The proposed remedy.
5. The signature of the Provider or of the Union representative.
The Public Authority representative or his/her designee shall consider the grievance and respond
to the Grievant within fifteen (15) days of the receipt of the grievance.
Any Provider filing a grievance at Step 2 shall provide a copy to the Union. The Public Authority
shall provide the Union with materials relating to all grievances to which a response has been
made at Step 2 of the grievance procedure.
Step 3 – Mediation (optional)
If there is no resolution at Step 2 then both parties may agree to submit the grievance to mediation.
Unless otherwise mutually agreed to the parties shall request that the State Mediation Conciliation
Service assign a mediator. The fees and expenses of the mediator, if any, shall be shared equally
by the Union and the Public Authority. The mediator shall have no authority to impose a settlement
of the grievance. The mediator’s comments, suggestions and recommendations, if any, shall be
kept confidential. If mutually agreed by the parties, the mediator may be requested to prepare a
written report of the mediation
Step 4 - Arbitration
If the Grievant is not satisfied with the response at Step 2 or 3, the Union shall have the right to
refer the matter to binding arbitration within thirty (30) days of the decision at Step 2 or 3.
Within twenty (20) days of the request for arbitration, the parties shall mutually select an arbitrator
who shall render a decision within thirty (30) days from the date of final submission of the
grievance including receipt of the court reporter’s transcript and post hearing briefs if any. The
fees and expenses of the arbitrator and Court Reporter shall be shared equally by the Grievant
or the Union on the Grievant’s behalf and the Public Authority. Each party, however, shall bear
the costs of its own presentation, including preparation and post hearing briefs, if any.
Section 5: Scope of Arbitration Decisions
Decisions of arbitrators on matters properly before them shall be final and binding on the parties
hereto, to the extent permitted by law.
No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such
dispute involves a position in a unit represented by the Union which has been certified as the
recognized employee organization for such unit and under such dispute falls within the definition
of a grievance as set forth above.
Proposals to add or change this Agreement or to change written agreements supplementary
hereto (side letters adopted by parties) shall not be arbitrable and no proposal to modify, amend,
or terminate this Agreement nor any matter or subject arising out of or in connection with such
proposals, may be referred to arbitration under this Section. No arbitrator shall have the power to
amend or modify this Agreement or written agreements supplementary hereto (side letters
adopted by parties) or to establish any new terms or conditions of employment.
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ARTICLE 13: WAGES
1. Base Wage: The “Base Wage” for Providers shall be the State or Federal minimum wage,
whichever is highest.
2. Wage Supplement:
Effective as soon as practicable following approval of this Agreement by the Public Authority
Governing Board, the Public Authority will supplement the Base Wage by sixty cents ($.60) per
hour as a wage supplement in accordance with the Welfare and Institutions Code section
12306.16(d)(6)-(7) and will submit the appropriate request to the State to implement the new rate
within five (5) working days of approval of this Agreement by the Public Authority Governing Board
and subsequently with sufficient advance notice of each subsequent change to the Base Wage.
The cost of the Wage Supplement to the Base Wage will be added to the County’s Maintenance
of Effort (MOE) on a one-time basis as provided in the Welfare and Institutions Code section
12306.16(d)(7).
3. Wage Contingency:
If the State or Federal participation levels are reduced, or the State or Federal participation levels
change resulting in an increase to the Public Authority’s/County’s MOE, or the State or Federal
sharing formula is modified in any way that would result in increased cost to the Public Authority
or County to maintain the wage level and/or wage supplement described in this MOU, or the State
and/or Federal government limits, caps or reduces its participation in wages, wage supplements,
and/or health benefits, or takes any other actions that increase the Public Authority’s or the
County’s share of funding and/or costs for Provider compensation, including but not limited to in
any ways unforeseen at the time this Agreement is reached, then the County/Public Authority
shall have the right to reopen this MOU, and upon written notice, the Parties will promptly (within
30 days) meet and confer to discuss changes to this MOU related to reducing wages, wage
supplements, and/or benefits, and/or so that the Public Authority’s/County’s MOE remains the
same as it would have been had the State and/or Federal participation levels not changed.
ARTICLE 14: HEALTH INSURANCE
The Public Authority shall provide monthly health insurance premium payments to the Health
Care Employees/Employers Medical and Dental Trust for the purchase of health insurance and
dental for Providers.
The monthly premium contribution will be equivalent to the preceding three month average of paid
hours worked by Providers multiplied by eighty-five cents ($0.85).
ARTICLE 15: UNFORESEEN ADMINISTRATIVE DELAYS IMPACTING WAGES OR
BENEFITS:
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In the event of unforeseen administrative procedures or delays impacting compensation or
benefits, the parties shall meet and confer, within seven (7) days of a delay becoming known, to
mutually agree on the manner by which the Providers will be made whole.
ARTICLE 16: REOPENER REGARDING SICK LEAVE
The parties agree to discuss the revisions to California Labor Code Section 246 no sooner than
December 1, 2017. Any agreement reached will become part of this Agreement.
ARTICLE 17: REGISTRY SERVICES
1. It is recognized that one of the Public Authority’s primary missions is assuring registry
services to facilitate the referral of Providers for Recipients to consider for hiring. The operation
of the Registry will be conducted in such a way as to respect the rights and needs of both
Recipients and Providers.
2. Registry services will include an on-call emergency list and an ability to provide, within 48
business hours, short-term temporary replacement Providers.
3. Providers must confirm their desire to continue on the Registry no less than one (1) time
per month. Confirmation may take place through the Nexus system by e-mail or text message or
by contacting the Provider and Recipient Call Center by telephone. If after sixty (60) calendar
days the Public Authority has not been contacted by the Provider to confirm their desire to
continue on the Registry, the Provider will be sent a letter via U.S. Mail asking the Provider if they
are still interested in being a Provider. The letter will also advise them that if they do not contact
the Public Authority within thirty (30) calendar days from the date on the letter that their status in
the Registry will be changed to “pending” and they will not be referred out to any Recipients for
possible employment. If at some future date the individual desires to once again become active
on the Registry, then they must contact the Public Authority to update their status.
If a Provider has twelve (12) consecutive months of no payroll activity, they will be contacted by
the Public Authority, via U.S. Mail on the thirteenth (13th) month to inquire if they still want to be
a Provider. If the Provider fails to respond to the Public Authority within thirty (30) calendar days
from the date on the letter, then the Provider’s status in the statewide computer system (Caseload
Management Information & Payroll System – CMIPS-II) will be changed to “Ineligible” and the
Provider will be removed from the Public Authority Registry. In this situation, the Provider would
then be required to complete the Provider Enrollment process, including completion of the
LiveScan background check process and all other requirements, before re-establishing their
eligibility as a Provider.
The provisions of this section (Article 17, Section 3) are only grievable with regard to whether the
policies above have been followed.
4. The closure of the Registry to new Providers will be announced on the Public Authority
website and will be publicly posted in the Office of the Public Authority.
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ARTICLE 18: REGISTRY REMOVAL AND APPEAL PROCESS
When a Recipient makes a request to the Public Authority for the removal of a Provider from the
Registry, the following shall apply:
1. The Public Authority retains the right to determine if the Provider is to be removed from
the Registry for just cause.
2. Depending upon the complaint received, the Public Authority may place a Provider on
“pending status” while the complaint is investigated. A Provider will not remain on “pending status”
longer than 25 working days.
3. Once a determination has been made by the Public Authority that a Provider will be
removed from the Registry, the Public Authority shall notify the Provider in writing, within ten (10)
working days, that they have been removed from the Registry. The notification will include the
reason(s) why the Provider was removed, an explanation of the appeal process, and the
Provider’s right to union representation.
4. If the Provider chooses to appeal the removal of their name from the Registry, such appeal
must be made in writing to the Public Authority within fifteen (15) working days from the date
indicated on the notification letter.
5. Within twenty (20) working days of receipt of the Provider’s appeal, an Appeals Board
shall be convened to hear the appeal. The Appeals Board shall be made up of a Provider selected
by the union, a Recipient mutually agreed upon by the Union and the Public Authority, and a
Public Authority representative.
6. The hearing shall be conducted in an informal manner, allowing the Provider to present
information in support of his/her appeal. The Provider may have a representative of his/her choice
to assist in the appeal.
7. At the conclusion of the hearing, the Appeals Board shall issue a decision either confirming
the removal of the Provider from the Registry or reinstating the Provider to the Registry.
8. The Registry Removal Appeal Process is exempt from MOU Grievance Procedure. Any
dispute regarding the administration of this article shall be heard, and decided upon, by the
Appeals Board.
ARTICLE 19: LABOR-MANAGEMENT COMMITTEE
1. In order to encourage open communication, promote harmonious relations and resolve
matters of concern, the parties agree to create a Labor-Management Committee.
2. The committee will be composed of up to three (3) representatives of the Public Authority
and three (3) representatives appointed by the Union. Should the Union appoint Providers as its
representatives on this Committee, attendance will be on a voluntary basis. A reasonable number
of observers and guests may be invited by either party, with mutual consent of both parties.
3. The committee will meet at least quarterly. The issues discussed may include, but are not
limited to, payroll, training, education, health and safety and registry services. The parties must
submit an official agenda covering items within the scope of control of the Public Authority within
ten calendar days in advance of the scheduled meeting . Items outside the control of the Public
Authority may be placed on the agenda with mutual consent of both parties.
ARTICLE 20: NO STRIKE/NO LOCKOUT
During the term of this Agreement, the Union, Its members and representatives, agree not to
engage in , authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of
production , or refusal to perform customary duties . The Public Authority agrees not to lockout
members during the term of this Agreement.
ARTICLE 21: SEPARABILITY OF PROVISION/SAVINGS CLAUSE
Should any section, clause or provision of this Agreement be declared illegal , unlawful or
unenforceable by final judgment of a court of competent Jurisdiction , such invalidation of such
section , clause or provision shall not invalidate the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the duration of this Agreement.
ARTICLE 22: TERM OF MOU AND RENEGOTIATION
This MOU shall be in effect upon approval by the Public Authority Board of Governors through
December 31 , 2022 . Negotiations over a successor MOU shall begin on or about September 30 ,
2022.
For of Fresno IHSS Public Authority
I lite/ ·2oz-o
t
Date
BY:~~~
Ernest Buddy Mendes
Chairman of the Board of Supervisors
of the County of Fresno
ATTEST :
BERNICE E . SEIDEL
Clerk of the Board of Supervisors
County of Fresno , State of California
By ~~~O'f?
Deputy
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For SEIU Local 2015
Date
=
David Werlin, Bargaining Director