ARTICLE 1 RECOGNITION
Section 1
Management recognizes AFSCME, Local 575, AFL-CIO, herein after referred to as the Union as the certified majority representative of employees in this Unit. The term “employee” or “employees” as used herein shall refer only to Court employees in the following classifications which comprise this Unit.
9841 Judicial Assistant
9842 Judicial Assistant Trainee
3173 Judicial Assistant, MC, NCS
3174 Judicial Assistant Trainee, MC,NCS
9552 Deputy Clerk IV, MC
3169 Court Clerk, MC
1422 Superior Court Clerk
Section 2
Management agrees that it shall recognize AFSCME, Local 575 as the exclusive representative for members of this Unit within the scope of negotiations affecting wages, hours, and working condition.
ARTICLE 2 NON-DISCRIMINATION
The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of AFSCME and all other rights in California Government Code, Sections 3500 et seq. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against because of the exercise of these rights. The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, sexual preference, age, national origin, political or religious opinions or affiliations, or disability status.
ARTICLE 3 IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation to be jointly submitted to the Judges of the Superior Court. It is agreed that this Memorandum of Understanding shall not be binding upon unless and until the Judges of the Los Angeles Superior Court:
A. Act to approve said Memorandum of Understanding;
B. Act to recommend to the legislature, statutory amendments required to implement the salary provisions hereof, and;
C. Act to recommend to the Board of Supervisors action required to implement the salary provisions of this Memorandum of Understanding.
Following approval of this agreement by the Judges of the Superior Court and ratification by members of this Unit, management will expedite the submission of this Memorandum of Understanding for its adoption by the Board of Supervisors.
Notwithstanding the foregoing, in the event the Judges of the Superior Court, the Board of Supervisors, or the State legislature fail to take all actions necessary to timely implement this Memorandum of Understanding, it is understood that the parties may mutually agree to implement appropriate provisions of this Memorandum which do not require specific approval of the Judges of the Superior Court, action by the Board of Supervisors or the state legislature.
Implementation shall be effective as of the date approved by the Judges of the Superior Court and the Board of Supervisors.
ARTICLE 4 TERM
The term of this Memorandum of Understanding shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article 3, IMPLEMENTATION, are fully met, but in no event shall said Memorandum of Understanding become effective prior to 12:01 a.m. on April 1, 2001. This Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 midnight on March 31, 2004.
ARTICLE 5 RENEGOTIATION
Calendar for Negotiations
In the event either party hereto desires to negotiate a successor Memorandum of Understanding, such party shall serve upon the other during the period from November 1, 2003 through December 1, 2003, its written request to commence negotiations as well as its initial written proposals for such successor of Memorandum of Understanding, with the exception of salary proposals which shall be presented no later than December 15, 2003.
Upon receipt of such written notice and proposals, negotiations shall begin no later than 30 calendar days following receipt of such request or January 5, 2003, whichever is later. An impasse concerning the matters under negotiations shall be declared automatically if full and entire agreement on the terms of a successor Memorandum of Understanding is not reached by February 2, 2004, unless the parties mutually agree to continue negotiations.
ARTICLE 6 SALARIES
Section 1
During the term of this Memorandum of Understanding, the salaries for the following classifications shall be:
Item # Classification Effective Date Schedule Salary Range
9841 Judicial Assistant July 1, 2001 76B $3,305.18 - $4,565.36
July 1, 2002 77C $3,403.55 - $4,702.45
July 1, 2003 78D $3,503.91 - $4,844.00
9842 Judicial Assistant Trainee July 1, 2001 Flat rate of $3,143.08/mo; $37,716.96/yr
July 1, 2002 Flat rate of $3,237.37/mo; $38,848.44/yr
July 1, 2003 Flat rate of $3,334.49/mo; $40,013.88/yr
3173 Judicial Assistant, MC, NCS July 1, 2001 76B $3,305.18 - $4,565.36
July 1, 2002 77C $3,403.55 - $4,702.45
July 1, 2003 78D $3,503.91 - $4,844.00
3174 Judicial Assistant, Trn, NCS July 1, 2001 Flat rate of $3,143.08/mo; $37,716.96/yr
July 1, 2002 Flat rate of $3,237.37/mo; $38,848.44/yr
July 1, 2003 Flat rate of $3,334.49/mo; $40,013.88/yr
9552 Deputy Clerk IV, MC July 1, 2001 74F $3,305.18 - $4,565.36
July 1, 2002 75G $3,403.55 - $4,702.45
July 1, 2003 76H $3,503.91 - $4844.00
3169 Court Clerk, MC July 1, 2001 76B $3,305.18 - $4,565.36
July 1, 2002 77C $3,403.55 - $4,702.45
July 1, 2003 78D $3,503.91 - $4,844.00
1422 Superior Court Clerk July 1, 2001 76B $3,305.18 - $4,565.36
July 1, 2002 77C $3,403.55 - $4,702.45
July 1, 2003 78D $3,503.91 - $4,844.00
ARTICLE 7 OVERTIME
Section 1 Compensation
The parties agree to jointly recommend to the Judges of the Los Angeles Superior Court that overtime shall be compensated as follows:
The Court will pay overtime for all hours worked in excess of forty (40) hours in one week. “Hours worked” will be calculated as provided for by the Fair Labor Standards Act, 29 U.S.C. §201, et seq. Hours worked do not include time for which persons are compensated but do not actually work, including but not limited to sick leave and vacation pay, with the exception that those hours paid during a workweek for a regular Court holiday will be counted in calculating hours worked for overtime purposes.
The Court will pay employees for any overtime worked at a rate of one and one-half times his/her regular rate of pay. Regular rate of pay shall be calculated as provided for by the Fair Labor Standards Act.
Section 2
Savings ClauseIf, during the term of this agreement, the Fair Labor Standards Act is determined not to be applicable to all or any classification of public employees or public agencies through legislation, regulation, or court decision, the overtime provisions of the 1983-85 Superior Court Clerks MOU shall be incorporated into this MOU and applied in this Unit and any contrary language shall be deleted subsequent to the effective date of such action.
Section 3
Distribution of Overtime Management shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit and work location. In the assignment of the overtime under this provision, however, Management may consider special skills required to perform particular work.
Section 4 Call Back Pay
Whenever an employee is unexpectedly ordered by the Executive Officer/Clerk or designated representative to return to work following the termination of his/her normal work shift and departure from his/her work location, the employee shall receive a payment of four hours pay at the rate of time and one-half of the employee’s regular rate of pay. Work performed in excess of four hours will be compensated for in accordance with provisions of Section 1, Compensation.
If an employee should complete work required, leave the work location, and subsequently be recalled during the four-hour period being compensated for as a result of the initial call back, no additional compensation will be paid until four hours have been worked by the employee; i.e., there shall be no pyramiding of time and one-half pay as a result of call back.
If an employee’s work schedule must be altered to accommodate operational requirements on any scheduled workday and the employee is required to report for work up to two hours earlier than his/her normal shift starting time, this shall be considered an early shift start and not a call back. Employees assigned to an early shift start will be allowed to work to the end of their normal shift provided work is available in their classification.
Section 5 Work week
The workweek for employees in this Unit is 40 hours of work in a seven consecutive day period as defined by Management. Normally, the workweek will consist of five eight-hour work- days, Monday through Friday.
Management shall meet and confer with the Union within a reasonable amount of time (with the exception of emergencies) prior to implementation or elimination of alternative work schedules that affect a majority of the Unit members at a court location. For purposes of this article, emergency is defined as a circumstance, which could not have been reasonably foreseen, and/or is not within the control of the Court.
ARTICLE 8 EMPLOYEE BENEFITS
The parties agree that, except for Court policies, the provisions of the Memorandum of Understanding regarding Fringe Benefits, Mileage, and Retirement between the County of the Los Angeles and the Coalition of County Unions, AFL-CIO, in effect during the term of this agreement shall apply to employees in this Unit with the exception that holidays shall be granted in accordance with the Code of Civil Procedure Section 135 and Government Code Section 6700.
ARTICLE 9 BULLETIN BOARDS
Management will provide bulletin board space in each court facility where members of this Unit are assigned, at least 24” x30” in size.
Prior to posting, all materials will be approved and initialed by an authorized representative of the Union and the Court Executive Officer/Clerk or designated representative.
The boards shall be used for the following subjects:
A. AFSCME recreational, social and related AFSCME news bulletins;
B. Scheduled AFSCME meetings;
C. Information concerning AFSCME elections or the results thereof;
D. Reports of official business of AFSCME, including AFSCME newsletters, reports of committees or the Board of Directors; and
E. Any other written material which first has been approved and initialed by the Executive Officer/Clerk or designated representative. The Executive Officer/Clerk or designated representative must either approve or disapprove a request for posting within 24 hours, excluding Saturday, Sunday and legal holidays from the receipt of the material and the request to post it. Failure to do so will be considered approval to post the material.
ARTICLE 10 SAFETY AND HEALTH
Section 1 Parties’ Responsibilities
It is the duty of Management to make every reasonable effort to provide and maintain a safe place of employment. AFSCME will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their regularly assigned duties to be alert to unsafe practices, equipment, and conditions, and to report any such unsafe practices or conditions to their immediate supervisors. If such condition cannot be satisfactorily remedied by the immediate supervisor, the employee has the right to submit the matter in writing either personally or through his/her Grievance Committeeperson, to the local facility Safety Officer, or the Court Safety Officer, if there is no local Safety Officer.
On any matter of safety that is not resolved by the Safety Officer within a reasonable period of time, the Grievance Committeeperson may confer with the Safety Officer who will respond in writing.
If the Grievance Committeeperson is not satisfied with the response of the Safety Officer, an AFSCME business agent may consult with the Health, Safety & Disability Benefits Branch, Department of Human Resources or its designee. A representative of such branch shall investigate the matter and advised the Executive Officer/Clerk and AFSCME of his/her findings and recommendations, if any.
Section 2 First Aid Kits
The Court Safety Officer or appropriate representative will make every reasonable effort to maintain complete first aid kits at all work facilities.
Section 3 Computer/Video Display Terminals (VDT’s)
The parties recognize that the introduction of Computer/VDT equipment into the work areas is relatively new, and, therefore, the need for on-going communication is essential.
Management and the Union agree to meet and consult on the installation and implementation of VDT technology as it affects Judicial Assistants in the court system. Such meetings shall occur semi-annually upon request of the Union.
The Union may have representation on any Countywide committee formed to develop guidelines for the design and use of VDT technology to propose said guidelines to the CAO for implementation. Representation from this unit shall be limited to one (1) employee.
ARTICLE 11 STANDBY PAY
All employees in this Unit who are assigned regularly scheduled periods of authorized standby service during off-duty hours shall be paid additional compensation at the rate of forty cents (40 cents) per hour for each hour of such standby service not to exceed sixty dollars ($60) a month pursuant to Section 6.10.120 of the Los Angeles County Code.
No additional compensation for standby status shall be made since the employee placed on standby status is not “unreasonably restricted” as defined by the Fair Labor Standards Act.
ARTICLE 12 CONSULTATION ON RULES
Management retains the right to promulgate policies, procedures, rules and regulations affecting wages, hours and working conditions, which are not in conflict with the terms of the Memorandum of Understanding. Both the Union and employees shall be provided reasonable advance notice of new and/or changed policies, procedures, rules and regulations affecting wages, hours or working conditions except in case of emergency. Should the Union request consultation, the Court shall meet and confer with the Union concerning such new or amended Court rule, policy and procedure.
In case of emergency when the Court determines that any rule, policy, or procedure must be adopted immediately without prior notice or meeting, the Court shall provide such notice and opportunity to meet and confer at the earliest practicable time following the adoption of the rule, policy or procedure.
Nothing contained herein shall prevent the Union from grieving the effect of such change in accordance with the Grievance Procedure contained herein. However, the impact of new and/or changed rules, policies, or procedures shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of the trial court employees. The Court shall be required to meet and confer in good faith with regard to that impact.
Failure by the Union to request consultation within a reasonable time, while constituting a waiver, shall not be deemed as approval of any action taken by the Court.
ARTICLE 13 OUT OF CLASS ASSIGNMENTS
Section 1 Definitions
A. An out of class assignment is defined as the full-time performance of all the significant duties of an allocated, vacant, funded position in a higher-level by an individual in a lower-level class.
B. Compensation for out-of-class bonus shall be lesser of:
· Two (2) standard salary schedules (5 ½%), or:
· The difference between the salary of the individual’s regular classification and the out-of-class assignment.
Section 2 Conditions
Management shall not be precluded from appointing an employee to an out-of-class position for more than twenty (20) consecutive working days without compensation for training and development purposes. However, such must be with the written consent of the individual and shall not exceed six (6) months unless otherwise agreed to in advance by the employee and Management to fulfill the requisites of a career development program.
Performance in an out-of-class capacity does not in itself qualify an individual to compete in a promotional examination. He/she must meet the minimum requirements for the higher-level position.
Section 3 Special Provisions
The duties of a position vacated by termination, promotion or leave of absence with or without pay may be performed without additional compensation by a competently performing member of this Unit when designated by Management. However, an individual assigned to a higher-level, out-of-class position for more than twenty (20) consecutive working days shall be eligible for a bonus for each thirty (30) calendar days until the temporary assignment terminates. Such assignment shall be by mutual written consent of the employee and Management. An individual will be returned to the former work location within thirty (30) day of request.
Section 4
Nothing herein shall be construed to limit the authority of Management to make a temporary assignment to different or additional locations, shifts or work duties for the purpose of meeting emergency situations over which the Court has no control. However, such assignment shall not extend beyond the period of such emergency.
ARTICLE 14 REASSIGNMENTS
Each employee whose most recent rating on file is competent and who has completed six months in his/her present assignment may submit a Reassignment Request. The purpose of this request is to indicate the employee’s preference as to a particular office and/or type of Court in which he/she desires to work.
The employee may identify several offices and/or Court; however, a separate request must be submitted for each choice.
The original request will be submitted in triplicate with one copy retained on file in the Court Coordinator’s Office, one copy forwarded to the office requested, and a copy returned to the employee from the receiving office verifying receipt of the Reassignment Request.
When a vacancy occurs at a location, employees with requests on file will receive notification by telephone and/or electronic mail. Names of those eligible employees with requests on file will be offered to the Judicial Officer involved for consideration.
Those eligible employees not selected will be so advised by the office by telephone and/or electronic mail, and their request shall remain on file.
Management may reassign members of this Unit to courtroom vacancies not filled through posting, provided, however, that when such assignment was not at the individual’s request, they may submit a request for change of assignment after completing three (3) months in assignment.
Temporary Assignments
Where practical, temporary assignments shall be made based on the training and experience of employees available for such assignment. The provisions of the Fair Labor Standards Act (FLSA) shall apply to travel time spent over lunch periods.
ARTICLE 15 VACATION
Section 1 General Provisions
Vacation periods shall be scheduled by Management to provide adequate staffing. Members of this bargaining unit shall have the right to take earned vacation subject to provisions of this Article.
For purposes of this Article, seniority shall be defined as the total amount of continuous Los Angeles County/Court service.
Each Court location will maintain its own separate approved vacation list and waiting list.
Senior Judicial Assistants are not to be included on the same schedule as members of this unit.
Employees shall be entitled to take authorized vacations in accordance with the following procedures:
1. The employee with the greatest seniority will be given the opportunity to have first choice as defined on the attached official vacation request form of his/her vacation schedule. Other employees will be given their choice of vacation schedules in descending order of seniority.
2. In the case of a tie in seniority involving two or more employees, determination shall be made by lot.
3. A vacation schedule (one 52-week calendar), with a seniority list attached to it will be circulated, at each operational division/court location commencing on January 2nd and continue circulating through February 15th of each year to each employee. The parties agree that both sides have a mutual obligation to circulate the vacation schedule efficiently and expeditiously.
4. After making selections and writing those selections on the vacation schedule, the employees will prepare a vacation request form that conforms to the selections made on the schedule and submit in accordance with the provisions of this Article.
5. All vacation requests shall be submitted on the attached vacation request form by February 15th of each year for the period of March 15th of the current year to March 14th of the following year.
6. Requests made on or after February 15th will be granted on a first come-first served basis only.
7. All vacation request forms, verifying approved vacation time and wait-listed requests, shall be returned to unit member by February 28th.
8. The seniority list, circulating with the vacation schedule, shall contain the following information:
· The names of unit members at the specific court location
· Los Angeles County/Court Seniority date (in descending order)
9. Each employee can schedule vacation time earned as of January 1st of each year and vacation time to be earned during the vacation period being scheduled.
10. Requests for time-off in full week increments shall be given preference over requests of less than full-week increments regardless of seniority.
Section 2 Waiting Lists
Employees whose vacation requests cannot be approves through the above-outlined procedures will be placed on the court location waiting list. Employees will have the option to remain on or to be removed from the waiting list. Placement on the waiting list does not guarantee approval. If a vacation slot should become available, Management will offer the open slot to employees on the waiting list. Management shall not have the authority to cancel any previously allotted vacation slots, except in cases of emergency. For purposes of this article, emergency is defined as a circumstance which could not have been reasonably foreseen and/or is not within the control of the Court. Employees on the waiting list shall be notified within a reasonable amount of time of the slot becoming available. Employees will be allowed to submit an amended vacation request (attached).
Section 3 Preferences
The swapping of vacation time-off between unit members will not be permitted. No preference shall be given to an employee for a vacation request that is concurrent with the employee’s judicial officer’s vacation.
Section 4 Cancellations
Members of this unit shall notify Management, at least 14 calendar days in advance, of the cancellation of any approved vacation time unless the cancellation is due to a personal emergency affecting the employee which prevents the employee from carrying out his/her scheduled vacation plan(s). In such case, the employee shall notify Management as soon as possible of the vacation cancellation and the nature of the emergency requiring that cancellation. Thereafter, the employee will be allowed to submit an amended vacation request for vacation rescheduling for consideration by Management.
Section 5
Time is earned and credited for use monthly in accordance with the following:
Vacation
Years of Service Vacation Annual Maximum Hours
0 – 4 years 80
5 – 9 years 120
10 years or more 168
The schedule of approved vacations and respective waiting
lists for each specific court location shall be available for review. The
parties agree that this review is intended only as a means to investigate
an allegation that the provisions of this Article are not being applied correctly.
The parties also agree that, for the purposes of confirming that Management
has allotted the appropriate number of annual vacation slots, the Union shall
be entitled, upon request, to the annual vacation hours accrued by employees
at any operational court location.
ARTICLE 16 PERSONNEL FILES
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 17 FAMILY CARE LEAVE
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 18 BONUS POSITIONS
Section 1
If, during the term of this agreement, Management creates Judicial Assistant bonus positions, Management agrees to notify the Union and negotiate on those within the scope of negotiations.
Section 2
Where possible, consideration for bonus positions shall be given to employees eligible for retirement within two (2) years.
Section 3
For the first year of the MOU, full time permanent Judicial Assistants, Courtroom Clerks and Deputy Clerks IV who have eighteen (18) years of continuous service as a JA, ETC. or who possess a bachelor’s degree and eleven (11) years of continuous service as a Judicial Assistant, etc. will receive a 5.5% bonus provided they meet the following conditions:
· Must have a competent or higher performance evaluation rating
· Must sign an agreement indicating that, to receive and maintain the bonus, she/he is available and upon request will provide service in all of the following four (4) areas: 1)Training (i.e., cross training, OJT, specialized); 2) Special Projects (e.g., participate in piloting or developing new systems over a specified period of time)/Special Equipment (adequate training will be provided and the scope of responsibilities will be defined; 3) High Volume Courtrooms and 4) Expertise/Advanced Knowledge (i.e., available to float in emergent situations, not regular relief and answer telephone inquiries requiring her/his expertise).
Existing bonuses will be maintained.
-A Joint Labor/Management Committee will be established to oversee the administration of the bonus. Oversight will include review of criteria for high volume courtrooms and establishment of criteria for maintaining the bonus and expansion/application of the bonus for the second and third year of the Memorandum of Understanding.
The cut off date for bonus eligibility is determined to be July 01, 2001. In addition, those not eligible for the bonus are Judicial Assistant Trainees and Judicial Assistants, Courtroom Clerks and Deputy Clerk IV’s who are not assigned to courtrooms and those who do not apply, although otherwise eligible. Employees receiving the bonus who do not fully comply with the conditions stated above will forfeit their bonus for a minimum of six months, at which time she/he may request reinstatement of the bonus. Employees in this bargaining unit who are assigned to the relief pool and who are assigned on a regular basis to courtrooms are eligible, if otherwise qualified.
ARTICLE 19 MEDICALLY DISABLED EMPLOYEES
Compensation of medically disabled employees shall be addressed pursuant to County Employees Retirement Law of 1937 (Government Code, Title 3, Division 4, Part 3, Chapter 3), 1989 Amendment.
ARTICLE 20 PROMOTIONS
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 21 PROFESSIONAL DEVELOPMENT AND TRAINING
Section 1 Objectives
Management recognizes the value and need for continuing employee training and development. The objective of continuing training and development is to equip members of this unit with knowledge and skills needed for their present classification, future career advancement, and changing work assignment demands. It is also important for purposes of attracting and retaining in court service employees of superior ability and quality.
Section 2 Joint Labor/Management Training Committee
A joint labor/management training committee shall be established to identify
and review training needs of the members of this Unit, develop a training
plan, disseminate information on available programs, make recommendations
regarding training needs, and review the effectiveness of the planned
training. Training programs may include, but are not limited to:
· New Laws and Court Rules
· Time Management
· Public Contact/Dispute Resolution
· Performance Skills
· Supervision and Management
The Joint Labor/Management Training Committee
shall consist of four (4) Union designated members of this unit, and four (4)
designated members of Management.
The committee shall meet at a mutually agreeable time during regular court business hours.
Section 3 Professional Training and Development
Management will continue to provide and/or encourage members of this Unit to participate in those training/development programs, seminars, etc., which will effectively enhance their performance skills and professional development. To encourage participation, management will establish a plan for reimbursement or prepayment of authorized expenditures whenever possible. This plan shall be funded at a level of $50.00 per Unit member annually. Any leftover funds at the end of the year or at the end of the MOU term will be designated for this special use.
A Unit member enrolled in an approved training/development program, seminar, etc., shall receive reimbursement for the cost of such program, seminar, etc., which are not eligible for the Los Angeles Superior Court Tuition Reimbursement Program. Reimbursement shall be on an first-come, first-served basis not to exceed $250.00, as long as the continuing education funds exists. The Court will provide to the Union upon request an annual accounting of professional training and development funds.
Within thirty (30) business days following receipt any properly completed reimbursement request submitted by Unit members, Management will process and submit such request to the Auditor-Controller for payment.
Only those programs, seminars, etc., which are identified as being directly related to the Court’s present or future operation shall be considered. Reimbursable training shall not include those programs that can be provided more efficiently, effectively, or economically as in-service training. Reimbursable training shall be for the purpose of improvement or enhancing the employee’s services to the Court and must directly relate to effective performance of assigned business activities.
Management will make reasonable efforts to provide members of this Unit with paid leave to participate in training programs and seminars conducted during regular business hours, when those programs specifically relate to and will enhance employee work performance.
Section 4 Business Cards
Management shall provide members of this Unit with generic business cards on request.
ARTICLE 22 GRIEVANCE PROCEDURE
Section 1 Purpose
The purpose of the grievance procedure is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee or employees who may submit or be involved in a grievance.
Section 2 Definitions
1. Wherever used the term “employee” means either employee or employees as appropriate.
2. “Grievance” means a complaint by an employee concerning the interpretation or application of the provisions of this Memorandum of Understanding or the rules and regulations governing personnel practices or working conditions, which complaint has not been resolved satisfactorily in an informal manner between an employee and his/her immediate supervisor.
3. “Business Days” means calendar days exclusive of Saturdays, Sundays and legal holidays.
Section 3 Responsibilities
1. AFSCME, Local 575 agrees to encourage an employee to discuss his/her complaint with their immediate supervisor. The immediate supervisor will, upon request of an employee, discuss the employee’s complaint with him/her at a mutually satisfactory time.
2.The Union agrees to encourage an employee who files a formal written grievance, to state clearly and concisely the specific action(s) being grieved, the article(s) violated and the specific remedy requested.
3. Court Management has the responsibility to:
A. Inform an employee of any limitation of the Court’s authority to fully resolve the grievance; and
B. Supply the employee with the necessary information to process his/her grievance to the proper agency or authority.
Section 4 Waivers and Time Limits
1. Failure by Court Management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level.
2. Any level of review, or any time limits established in this procedure, may be waived or extended by mutual agreement confirmed in writing.
3. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.
4. By mutual agreement, the grievance may revert to a prior level for reconsideration.
Section 5 Employee Rights and Responsibilities
1. The employee has the right to the assistance of a representative in the preparation of his/her written grievance, and to represent him/her in formal grievance meetings. The grievant may be required by either party to be present in the meetings with Court Management for purposes of discussing the grievance.
2. A Court/County employee selected as a representative in a grievance is required to obtain the permission of his/her immediate supervisor to absent himself/herself from assigned duties to attend a grievance meeting. The employee representative shall give his/her supervisor reasonable advance notice to ensure that his/her absence will not unduly interfere with Court operations.
3. An employee may present his/her grievance to Court Management on Court time. In scheduling the time, place and duration of any grievance meeting, both the employee and Court Management will give due consideration to the duties each has in the essential operations of the Court. No employee shall lose his/her rights because of Management imposed limitations in scheduled meetings.
Section 6 The Parties’ Rights and Restrictions
1. Only a person selected by the employee and made known to Court Management at least one (1) business day prior to a scheduled formal grievance meeting shall have the right to represent or advocate as an employee’s representative.
2. If the employee elects to be represented in a formal grievance meeting, the Court may designate a Management representative to be present at such meeting.
3. Management shall notify AFSCME, Local 575 of any grievance involving the terms and conditions of this Memorandum of Understanding.
4. An AFSCME, Local 575 representative has the right to be present at any formal grievance meeting concerning a grievance that directly involves the interpretation or application of the specific terms and provisions of the Memorandum of Understanding.
5. If an AFSCME, Local 575 representative elects to attend any formal grievance meeting, he/she must inform Management prior to such meeting. The Court may also designate a Management representative to be present at such meetings.
6. Only Court/County employees who have direct, firsthand knowledge of the event giving rise to the grievance may be called on as witnesses by the grievant. Such witnesses may attend formal grievance hearings on paid Court time.
Section 7 Procedures
1. Informal Complaint
An employee is encouraged to discuss his/her complaint in a meeting with his/her immediate supervisor. If the employee elects to have a representative attend such meeting, the supervisor may elect to have another Management representative present.
2. Grievance
Step 1: Immediate Supervisor
A. Within ten (10) business days from the informal grievance meeting or, where the informal complaint procedure is not used, within ten (10) business days from the occurrence of the matter on which the complaint is based, or within ten (10) business from his/her knowledge of such occurrence, an employee may file a formal written grievance.
Three copies of the Court grievance form shall be completed by the employee stating the nature of the grievance and the remedy requested from his/her Management. The employee shall submit two copies to his/her immediate supervisor and retain the third copy.
B. Within ten (10) business days from receipt of the grievance, the supervisor or Management designate shall meet with the employee and give a decision in writing on the original copy of the grievance.
Step 2: Court Manager:
A. Within ten (10) business days of the receipt of the decision at Step 1, the employee may appeal to his/her Court Manager using the original copy of the grievance. The Court Manager of Management designee not serving at Step 1 shall discuss the grievance with the supervisor concerned and the employee before a decision is reached by him/her.
B. Within ten (10) business days from receipt of the grievance, the Court Manager or Management designee shall give a written decision to the employee using the original copy of the grievance.
Step 3: Executive Officer/Clerk
A. Within ten (10) business days from receipt of the decision at Step 2, the employee may appeal to the Executive Officer/Clerk or designated representative using the original copy of the grievance.
B. Within ten (10) business days from the receipt of the grievance, the Executive Officer/Clerk of designated representative who has not been involved in the grievance in prior levels, shall make a thorough review of the grievance, meeting with the parties concerned and present a written decision to the employee. However, the Executive Officer/Clerk or designee is not limited to denying a grievance for the reasons stated at any previous step in the procedure. Upon request, a copy of the decision will be given to the Union representative.
C. If the Executive Officer/Clerk or designated representative fails to give a decision within the specified time limit, the Union shall have the option of referring a grievance alleging a violation of the negotiated agreement between the parties to arbitration.
D. On matters that are not subject to arbitration pursuant to Section 8 hereafter, the decision of the Executive Officer/Clerk or designated representative shall be final.
Section 8 Arbitration
A. Within thirty (30) calendar days from the receipt of the written decision of the Executive Officer/Clerk or designated representative, the Union may request that the grievance be submitted to arbitration as provided for hereafter.
B. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to:
(1) The interpretation, application, merits or legality of any state, local law or ordinance, including specifically all ordinances adopted by the County’s Board of Supervisors; unless the arbitrator, in his/her discretion, finds it necessary to interpret or apply such state or local law in order to resolve the grievance which has been submitted to the arbitrator.
(2) The interpretation, application, merits or legality of any or all personnel rules or regulations approved by the Judges of the Los Angeles Superior Court, unless the arbitrator, in his/her discretion, finds it necessary to interpret or apply such personnel rules or regulations in order to resolve the grievance which has been submitted to the arbitrator.
(3) Grievances involving “Meets Performance Expectations” or better performance appraisal ratings.
C. In the event the Union desires to request that a grievance, which meets the requirements of Paragraph B hereof, be submitted to arbitration, it shall within the time requirements set forth above, send a written request to the Executive Officer/Clerk or designated representative. The written request shall set forth the specific issue(s) still unresolved through the grievance procedure, which are to be submitted to arbitration, and:
D. The parties will attempt to select a neutral arbitrator from a mutually acceptable source. If the parties cannot agree on an arbitrator, they will attempt to select an arbitrator from a list of five (5) names provided by the Conciliation Service, department of Industrial Relations, State of California. If the parties cannot mutually agree upon an arbitrator from the list of arbitrators provided by the Conciliation Service, they will select an arbitrator through an alternate striking of names from that list. The party to strike the first name shall be determined by chance.
E. Arbitration of grievances hereunder shall be conducted in accordance with applicable provisions within California State Code of Civil Procedure, Section 1280 et.seq. However, Sections 1283 and 1283.5 shall not apply.
F. Arbitration of grievances hereunder will be limited to the formal written grievance as originally filed by the employee to the extent that said grievance has not been satisfactorily resolved. The fees and expenses of the arbitrator shall be shared equally by the parties involved, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration will be the responsibility of the individual party involved.
G. Prior to a hearing by an arbitrator, a representative of the Court and the Union shall meet and prepare a submission statement setting forth the issue(s) to be determined which shall be submitted to the arbitrator. In the event the Court and the Union cannot jointly agree on a submission statement, then at the hearing, each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issue(s) to be resolved.
H. The written decision of an arbitrator resulting from any arbitration or grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this Memorandum of Understanding.
I. The written decision of an arbitrator resulting from any arbitration of grievances hereunder shall be entirely advisory in nature and shall in no way be binding upon any of the parties hereto or appealable.
J. The written decision of the arbitrator shall be submitted to the Executive Officer/Clerk or designated representative and the Union. The Executive Officer/Clerk of designated representative shall advise the Union of his/her intentions concerning the arbitrator’s decision within ten (10) business days.
If the Executive Officer/Clerk or designated representative rejects the arbitrator’s decision, The Union may submit its written appeal to the Court’s Personnel and Budget Committee within thirty (30) calendar days, with a copy to the Executive Officer/Clerk. The decision of the Court’s Personnel and Budget Committee shall be rendered within sixty (60) calendar days, and shall be final.
ARTICLE 23 EXPEDITED ARBITRATION
1. This is an alternative to the procedures set forth in Section 8, Arbitration, of Article 22, Grievance Procedure, and will only be utilized upon mutual written agreement of the parties.
2. A joint submission statement setting forth the issue(s) to be determined will be prepared prior to the hearing by an arbitrator.
If the parties cannot agree to a submission statement, the expedited arbitration procedure will not be utilized.
3. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to:
A. The interpretation, application, merits, or legality of any state or local law or ordinance, including specifically all ordinances adopted by the County’s Board of Supervisors; unless the arbitrator, in his/her discretion, finds it necessary to interpret or apply such state or local law in order to resolve the grievance which has been submitted to the arbitrator.
B. The interpretation, application, merits, or legality of the personnel rules or regulations approved by the Judges of the Court, unless the arbitrator, in his/her discretion, finds it necessary to interpret or apply such rules or regulations in order to resolve the grievance which has been submitted to the arbitrator.
4. The parties shall select an arbitrator from the panel of arbitrators previously agreed to by the parties and established for the purpose of conducting expedited arbitration proceedings:
A. The arbitrator will be compensated at the contracted for flat daily rate. The cost of the arbitrator shall be borne equally by the parties. In addition, each party shall pay for all fees and expenses incurred by that party on its behalf, including but not limited to witness fees.
B. The parties agree that 1) no stenographic record of the hearing will be made, 2) there will be no representation by counsel, and
3) there will be no post hearing briefs.
5. The arbitrator selected shall hear the grievance(s) within 10 business days of his/her selection and may hear multiple cases during the course of the day. However, six (6) hours of hearings will constitute one day.
6. Arbitration of a grievance hereunder shall be limited to the formal grievance as originally filed by the employee to the extent that said grievance has not been satisfactorily resolved.
7. The arbitrator shall issue a “bench” decision at the conclusion of the parties’ testimony. Only by mutual agreement of the parties and the arbitrator will a written decision be issued.
8. The decision of an arbitrator resulting from the arbitration of a grievance hereunder will be entirely advisory on nature and shall in no way be binding upon any of the parties hereto or appealable.
ARTICLE 24 GRIEVANCE GENERAL-IN-CHARACTER
In order to provide an effective mechanism whereby disagreements between AFSCE, Local 575, and Management concerning the interpretation or application of any of the provisions of this Memorandum of Understanding effecting the rights of the parties or the working conditions of a significantly large number of employees in this Unit may be effectively resolved, the following procedures are agreed upon:
A. Within thirty (30) business days from the occurrence of the matter on which a complaint is based or within ten (10) business days from its knowledge of such an occurrence where AFSCME, Local 575 has reason to believe that Management is not correctly interpreting or applying any of the provisions of this Memorandum of Understanding, AFSCME, Local 575 may request in writing that a meeting be held with the authorized representatives of the Court who have authority to make effective recommendations for the resolution of the matter with a copy to the Executive Officer/Clerk or designated representative. Such written request shall set forth in detail the facts giving rise to the request for the meeting and shall set forth the proposed resolution sought.
Within ten (10) business days from receipt of the request for such a meeting, the parties will meet for the purpose of discussing and attempting to resolve the disagreements.
B. Within five (5) business days of such meeting, and in the event the matter is not satisfactorily resolved, AFSCME, Local 575 shall have the right to meet with the Executive Officer/Clerk or designee who has the authority to resolve the matter.
C. Within ten (10) business days after the meeting, the Executive Officer/Clerk or designee shall respond to AFSCME, Local 575 in writing setting forth Management’s decision and reasons therefore.
D. Within ten (10) business days from receipt of the Executive Officer/Clerk or designee’s written decision, if the matter is not satisfactorily resolved and if the disagreement meets the requirements of Section 8 of Article 22, the disagreement may be submitted to arbitration in accordance with the provisions of Section 8 of Article 22 of this Memorandum of Understanding
It is further understood that this Article is not intended as a substitute or alternative for the employee grievance procedures set forth in the Article 22 of this Memorandum of Understanding. Instead, this Article is intended to provide a procedure to resolve disagreements affecting the rights of the parties or disagreements arising from the application of the terms of this Memorandum of Understanding affecting the working conditions of a significantly large number of employees in this Unit, as distinguished from the working conditions of a significantly large number of employees in the Unit, as distinguished from the rights of individual employees. Accordingly, the parties agree that the procedures set forth herein shall not be implemented where the dispute or complaint involved is or could be effectively brought by an employee or employees and otherwise processed through the employee grievance procedures set forth in Article 22 hereof.
ARTICLE 25 STRIKES AND LOCKOUTS
During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the Union, and no lockouts shall be made by the Court.
In the event any employees covered by this agreement, individually or collectively, violate the provisions of this Article and the Union fails to exercise good faith in halting the work interruption, the Union and the employees involved shall be deemed in violation of this Article, and the Court shall be entitled to seek all remedies available to it under applicable law.
ARTICLE 26 STEWARDS
Section 1 Lists
The Union shall give to the Executive Officer/Clerk or designated representative a written list of names of employees selected as Stewards and shall maintain said list current. Further, the Union agrees that only one Steward shall represent an employee in a grievance.
Section 2 Notice
Upon request, Stewards shall be given a reasonable amount of time off to investigate and process complaints. Such investigation and processing shall not interfere with the operation of the Court nor take place at any time during which the Stewards or the grievant’s court is in session and his/her presence is required. Whenever an investigation or processing of formal grievances must take place during working hours, Stewards will utilize only that time actually required to dispose of the matter promptly.
Stewards leaving their work locations to conduct investigations or process grievances shall obtain permission from the Director of Human Resources Administration, or designated representative who will coordinate the Steward’s absence from the work site and arrange for the Steward to be released. Before entering a work site to investigate or process a grievance, the Steward will schedule the visit with the grievant’s supervisor and advise that person of the nature of the Steward’s business at that work site.
If the Steward is denied permission to leave his/her work site at the time he/she requests, the time limits for filing and/or processing the grievance at issue shall be extended in writing until permission is granted.
Section 3 Compensation
Stewards shall not claim additional compensation for time spent on performing any Stewards function.
Section 4 Reassignment
The Union shall make reasonable efforts to appoint at least one Steward at each work location to minimize the need for a Steward to leave one work location to process or investigate a grievance at another work location. When Management needs to place a judicial assistant in a relief assignment, Management will make reasonable efforts not to place a Steward in a relief assignment away from the Steward’s work location.
ARTICLE 27 PAYROLL DEDUCTIONS AND UNION DUES
Section 1 Deductions and Dues
It is agreed that Union dues and such other deductions as may be properly requested and lawfully permitted shall be deducted, in accordance with the provisions of applicable State law, monthly by Management from the salary of each employee covered hereby who files with the County a written authorization requesting that such deduction be made.
Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Union by Management within thirty (30) business days after the conclusion of the month in which said dues and deductions were deducted.
Section 2 Security Clause
Any employees in this Unit who have authorized Union dues deductions on the effective date of this agreement or at any time subsequent to the effective date of this agreement shall continue to have such dues deductions made by the County during the term of this agreement, provided, however, that any employee in this Unit may terminate such Union dues during the period December 9 through December 30, for each year during the term of this agreement by notifying the Union of their termination of Union dues deduction. Such notification shall be by certified mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, business name: Los Angeles Superior Court, and name of Union from which dues deductions are to be canceled.
Section 3 Indemnification Clause
The Union agrees to indemnify and hold the Los Angeles Superior Court and the County of Los Angeles harmless from any liabilities of any nature which may arise as a result of the application of the provisions of this Article.
ARTICLE 28 PAYCHECK ERRORS
Underpayments
1. If an underpayment of 10% of base monthly pay (5% of base monthly pay if paid twice a month) or $100, whichever is least, occurs in an employee’s paycheck, a paycheck correction may be requested. Such request must be made to the Court’s Payroll Supervisor within two business days after receipt of the warrant. Otherwise, the correction shall be made in the next regularly issued warrant.
2. The Auditor-Controller will issue a corrected or supplemental warrant within three business days after receiving the request from the Court’s Payroll Supervisor.
3. Changes in salary resulting from step advances or changes in status are excluded from amounts which constitute paycheck errors for purposes of this Article.
Overpayments
1. Employees will be notified prior to the recovery of overpayments.
2. Recovery of more than 15% of net pay will be subject to a repayment schedule established by the Court’s Payroll Supervisor under guidelines issued by the Auditor-Controller.
Such recovery shall not exceed 15% per month of disposable earnings (as defined by State law), except, however, that a mutually agreed-upon acceleration provision may permit faster recovery.
ARTICLE 29 WORK ACCESS AND EMPLOYEE LISTS
Section 1 Work Access
Authorized Local 575, AFSCME representatives may be given access to wok locations during regular business hours to conduct Local 575, AFSCME grievance investigations and observe working conditions. Local 575, AFSCME representatives desiring access to a work location hereunder shall state the purpose of the visit and request authorization from the Executive Officer/Clerk or designated representative at least two (2) hours before the intended visit unless the parties mutually agree to waive notice. The Executive Officer/Clerk or designated representative may deny access to a work location only if he/she deems that such visit will unreasonably interfere with the operations of the Court or facility thereof.
Local 575, AFSCME shall provide to the Executive Officer/Clerk or designated representative a written list of all authorized representatives, which list shall be kept current by Local 575, AFSCME Access to work locations will only be granted to representatives on the current list.
Section 2 Employee Lists
Within thirty (30) days from effective date of this agreement, Management will provide to the Secretary of the Union a list of names of all employees in this Unit. Such list shall be furnished to the Union semi-annually. The Union shall pay to the County any costs for the preparation of additional lists at the rate to be determined by the Auditor-Controller.
Section 3
A labor/management-approved brochure will be made available to each new employee entering the Unit.
ARTICLE 30 OBLIGATION TO SUPPORT
The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the Judges of the Superior Court for action, neither Local 575, AFSCME nor Management, nor the authorized representatives, will appear before the Judges of the Superior Court or meet with the Judges of the Superior Court individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. It is further understood that this Article shall not preclude that parties from appearing before the Judges of the Superior Court nor meeting with individual Judges of the Superior Court to advocate or urge the adoption and approval of this Memorandum of Understanding in its entirety.
ARTICLE 31 FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is intended that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior existing understanding or agreement by the parties--whether formal or informal—regarding any such matters are hereby superceded or terminated in their entirety. This Article is not intended to negate or eliminate past practice as a factor establishing agreement in practice between the parties.
B. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term. It is recognized that during such term it may be necessary for Management to make changes in rules or procedures affecting employees in this Unit. Where Management finds it necessary to make such change, it shall notify AFSCME indicating the proposed change, prior to its implementation.
Nothing herein shall limit the authority of Management to make necessary changes during emergencies or when required to do so by law. For purposes of this Article, an emergency shall be defined as a circumstance which could not have been foreseen and which presents an immediate threat to life and/or property to which immediate response is required.
Management shall notify AFSCME of changes resulting from emergent or legal requirements as soon as practicable. AFSCME shall notify Management within five (5) business days from the receipt of such notice if it desires to consult with Management. Nothing contained herein shall prevent the Union from grieving the effect of such change in accordance with the Grievance Procedure contained herein.
Failure by AFSCME to request consultation, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the Court.
C. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein or with any respect to any other matters within the scope of negotiations during the term of this Memorandum of Understanding.
D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto, unless made and executed in writing by all parties hereto and, if required, approved and implemented by the Judges of the Superior Court.
E. 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.
ARTICLE 32 MANAGEMENT RIGHTS
It is the exclusive right of the Court to determine its mission, to set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the exclusive right of the Court to direct its employees, take disciplinary action for cause, relieve its employees from duty as for example, by work furlough, because of lack of work or for other legitimate reasons, and determine the methods, means, and personnel by which Court operations are to be conducted; provided, however, that the exercise of such rights does not preclude employees or their representatives from conferring or raising employee grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
ARTICLE 33 CONTRACTING OUT AND TRANSFER OF FUNCTIONS
In the event the Court enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in this representation Unit or the law provides for the transfer of functions now being performed by employees in this Unit to another public or private agency, the Court will advise such public or private entity of the existence and terms of this Memorandum of Understanding and will immediately advise the Union of such agreement or law. In addition, the Court will consult with the employer absorbing a Court function to encourage utilization of affected employees by the new employer. When a Request for Proposal is approved by the Judges of the Superior Court and when such conforms with prevailing County rules and regulations relating to the contracting out or transfer of Court functions, Management will arrange to meet with representatives of the Union to advise them of this action within five (5) days.
When advance knowledge of the impact of pending changes in function, organization, or operations is available which will result in the abolishment of positions or when there is any major reassignment of functions from the Court to another agency, Management will make an intensive effort to either reassign or transfer affected employees to their positions for which they qualify, or train affected employees for new positions in order to retain their services. It is understood and agreed that Management shall have no obligation to negotiate the decision of any reorganization by the Court during the life of this agreement.
Management acknowledges an obligation to negotiate the impact on wages, hours, and working conditions of the employees in this bargaining unit insofar as such subjects have not already been negotiated.
ARTICLE 34 PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable Federal and State law and regulations, the Charter of the County of Los Angeles, and all ordinances and regulations of the County of Los Angeles. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal, State, or local law or regulations, or is otherwise held to be invalid or unenforceable by any superseded tribunal of competent jurisdiction, such part or provision shall be suspended and by such applicable law or regulations and the remainder of this Memorandum of Understanding shall not be affected thereby.
ARTICLE 35 AUTHORIZED AGENTS
For the purposes of administering the terms and provisions of this Memorandum of Understanding:
A. Management’s principal authorized agent shall be the Court’s Executive Officer/Clerk or duly authorized representative (Address: 111 North Hill Street, Room 105 E, Los Angeles, California 90012), except where a particular Management representative is specifically designated in connection with the performance of a specified function or obligation set forth herein.
B. AFSCME’s principal authorized agent shall be the President of Local 575 or his/her duly authorized representative (Address: 514 Shatto Place, 3rd Floor, Los Angeles, California 90020).
ARTICLE 36 DISCIPLINE
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 37 COMPETITIVE EXAMINATIONS
Court management and representatives of AFSCME local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 38 EMPLOYEE PARKING
Management and the Union recognize the obligation to fulfill employer requirements for traffic reduction under the South Coast Air Quality Management District Regulation XV.
The Court will continue to make reasonable effort to provide adequate free parking facilities for court employees who regularly find it necessary to use their own vehicle for transportation to their location.
ARTICLE 39 QUARTERLY MEETINGS
At the request of either party, Management and representatives of the Union will schedule a quarterly meeting for the purpose of facilitating an open dialogue concerning labor/management issues. This does not preclude impromptu meetings called by either party to address issues of concern.
ARTICLE 40 SPECIAL ONE-TIME-ONLY LEAVE
One-time-only special paid leave received and credited on September 1, 1996, should be used first in lieu of vacation, sick leave or other benefit time, at the discretion of the employee, subject to the approval of management. Additionally, special leave shall be requested and approved in accordance with applicable vacation, sick leave and other benefit procedures, until such leave time is exhausted. There shall be no pay-off or cash out of unused special leave at any time.
ARTICLE 41 JOINT LABOR/MANAGEMENT INFORMATION TECHNOLOGY ADVISORY COMMITTEE
Section 1
Within forty-five (45) calendar days following implementation of this agreement, labor and management will establish a Joint Labor/Management Technology Advisory Committee which will consist of a minimum of three (3) Union designated members of this Unit and three (3) Management representatives which will include at least one member of the Court’s Information System Bureau (ISB). With mutual agreement, the committee may be increased up to 5 members each.
Section 2
This Joint Labor/Management Technology Advisory Committee will meet a minimum of four times annually during regular court business hours, or as may be otherwise mutually agreed to by the parties. The focus of this committee’s business activities may include:
· Assessment of System Design and Operations
· Unit member Training in Technology Operations
· New Law or Court Rules Impact on Automated Technologies
· Coordination of New Automated Systems Introduction
· An Information Technology assistance Network
· An Information technology Newsletter
Section 3
Management will notify the Union of new or significant automated system designs or technology enhancements to determine if the Union wishes to consult on those matters. When requested by the Union, the Joint Labor/Management Technology Advisory Committee will meet to consult on those new system designs and/or technology enhancements prior to implementation into the workplace.
Joint Labor/Management Technology Advisory Committee proposals or recommendations will be forwarded to the Executive Officer/Clerk who will:
· Review, approve and implement the proposal or recommendation, or;
· Return the proposal or recommendation to the Committee for further discussion, or;
· Refer the proposal or recommendation to the Judicial Technology Advisory Committee.
ARTICLE 42 POLICIES AND PROCEDURES
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 43 LEAVE OF ABSENCE
Court management and representatives of AFSCME Local 575 agree to negotiate the following articles at the joint personnel policy bargaining table:
ARTICLE 44 RELIEF ASSIGNMENTS
When assigning bargaining unit members to relief assignments, Management will first attempt to assign from within the same district. Thereafter, assignments shall be made by the Central Coordinator’s Office.
When assigning bargaining unit members to relief assignments, Management will make reasonable effort not to require employees to travel an unreasonable distance. The following assignment issues, listed alphabetically and in no specific order or priority, will be taken into consideration when making such assignments:
· Childcare
· Commuting issues
· Location and duration of relief assignment
· Medical consideration documented and known to the Court
· Proximity to assigned work location
· Proximity to employee residence
· Seniority
· Type of assignment and the experience and training of individual to be assigned
Under no circumstances will relief assignments be used as a form of disciplinary action.
In addition, to address the concern as to discipline being imposed on bargaining unit members while performing relief assignments, Management will evaluate each situation on a case-by-case basis taking onto account, for example, the training received (including how recent the training), and the experience of the individual in a particular assignment. In an effort to ensure that this process is consistently practiced throughout the Court, information concerning discipline shall be disseminated to the appropriate supervisors and management.
Management and the Union will meet as requested by either party to review the status of the assignment issues addressed by this article. This is not intended to mean that Management will discuss individual relief assignments on a case-by-case basis.
ARTICLE 45 EMPLOYEES ORGANIZATIONAL LEAVE
Section 1 Eligibility and Duration
At the written request of AFSCME, Local 575 and subject to the approval of Management, not more than five (5) employees covered hereby shall be granted a leave of absence without pay for the purpose of conducting AFSCME, Local 575 business. Organizational leave shall not exceed a year.
Section 2 Continuous Service
Employees on organizational leave shall not be deemed to have an interruption in their continuous service date for Court/County employment. However, such a leave shall constitute a break in service for purposes of eligibility for the Judicial Assistant bonus. While a Court employee is on organizational leave, AFSCME shall assume all liability arising out of the conduct of the employee while performing duties for AFSCME.
Section 3 Return to Court Employment
Upon return to Court service, the Court will assign the employee to the same work location the employee had at the time he or she took the leave of absence. If there is no vacant position at that work location, the most junior Judicial Assistant or Court Clerk shall be transferred to another court location.
Section 4 Reimbursement for Pay Warrants and Employee Benefits
The parties may arrange for the Court to continue to cause employee pay warrants to be issued and to continue employee benefits for employees who take organizational leave. Such an arrangement is contingent on AFSCME, Local 575 reimbursing the Court promptly for any sums so expended. Failure to reimburse the Court within 30 calendar days of payment will terminate the leave.
ARTICLE 46 NEW EMPLOYEES
Management will make available to each new employee entering the Unit material furnished by the Union, which shall include the following minimum language:
“AFSCME Local 575 has been certified as your exclusive representative. Local 575 is certified to represent you in negotiations with the Court on salaries, hours of work, and conditions of employment.
If you want information, or if you wish to join AFSCME Local 575, call (213) 487-9887 or see the Steward where you work.
AFSCME Local 575
514 Shatto Place, 3rd Floor
Los Angeles, CA 90020”
Additionally, representatives of the Union shall be provided the opportunity to meet and discuss union membership with members of each Judicial Assistant Trainee class for one hour to be scheduled during the speakers’ period of the class or, alternatively, for one hour of mutually-agreed class time.