Service Employees’ International Union - Local 1021 (SEIU)

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2023 - 2026 SEIU 1021 Memorandum of Understanding: Article 8: Salaries and Deferred Compensation

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8.1 Salaries

Market/Equity Adjustments:

Effective May 2, 2023 contingent upon Board adoption by May 9, 2023: For those benchmark classifications that have been identified as below the market average, the A-I Steps will be increased as listed in Appendix A-1. The County will concurrently increase the A-I Steps of each SEIU represented non-benchmark classification salary scale based on the County’s internal salary administration alignments.

Salary Adjustments:

During the three-year Agreement, the County will provide three salary adjustments for SEIU represented classifications. The effective dates and amounts of the cost-of-living adjustments are as follows:

Effective May 16, 2023: The County will increase by five percent (5%) the A-I Step of each scale in the Salary Table specified in Appendix A-1.

Effective March 5, 2024: The County will increase by four and one-half percent (4.5%) the A-I Step of each scale in the Salary Table specified in Appendix A-1.

Effective March 4, 2025: The County will increase by four percent (4%) the A-I Step of each scale in the Salary Table specified in Appendix A-1.

Cash Allowance:

Effective the pay period that begins May 30, 2023, the County will increase the current I step of each job classification in the Salary Table specified in Appendix A-1 and attached to this agreement by $3.45/hour. The County will then recalculate each salary range/salary scale in Appendix A from the adjusted I step in order to maintain an approximate 2.5% differential between salary steps consistent with the definition of Salary Range or Salary Scale in Article 3.2 (Definitions).

During the 2019-2022 Agreement, the County provided four salary adjustments for SEIU represented classifications. The effective dates and amounts of the cost of living adjustments were as follows:

Effective May 21, 2019: The County increased by three percent (3%) the A-I Step of each scale in the Salary Table specified in Appendix A-1.

Effective March 24, 2020: The County increased by three percent (3%) the A-I Step of each scale in the Salary Table specified in Appendix A-I

Effective March 9, 2021 and March 8, 2022: For salary increases for years 3 and 4 of the Agreement, the County will increase the A-I Step of each scale in the Salary Table effective March 9, 2021 and March 8, 2022, by at least two percent (2%) and not more than four percent (4%). The actual amount of the increase each year within 2% and 4% will be determined by the lesser amount of the two following calculations:

The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2021 and January 2022 for the preceding December percentage change from December of the prior year.

The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2018-19 and 2019-20 for year 3 salary adjustment; and between fiscal years 2019-20 and 2020-21 for year 4 salary adjustment, divided by 1.5, respectively.

8.2 Salary – Upon Appointment

Except as otherwise provided herein, appointment to any position in any class shall be made at the minimum rate, and advancement to rates greater than the minimum rate shall be within the limits of the salary step for the class.

In exceptional cases after reasonable effort has been made to obtain employees for a particular class at the minimum rate, employment of individuals who possess special qualifications higher than the minimum qualifications prescribed for the particular class may be authorized at a rate higher than the minimum upon recommendation of the appointing authority with approval of the County.

8.3 Salary – Consideration upon Reappointment or Return

A full-time or part-time employee who resigns in good standing and is reappointed on a full-time or part-time or Extra Help basis in the same or a closely related class in the same or a lower salary scale within two years of resignation shall not be paid less than two steps below the salary step paid at the time of resignation. Approval of the County is only required if the person is rehired at a salary step which exceeds the salary step paid at the time of resignation.

A full-time or part-time employee who resigns in good standing and, within one month of the date of resignation, is appointed to an Extra Help job in any unrelated class may, with approval of the appointing authority, receive the salary step which is closest to but does not exceed the step rate received upon resignation.

8.4 Salary – Extra Help to Extra Help or Permanent Appointment

An extra‑help employee who is appointed to an allocated part-time or full-time position or on an extra-help basis in any class with the same A-step or lower, and without a break in service, shall be paid at a salary step in the appropriate salary scale of the new class which is nearest, but not less than, the amount to that of the step received in the classification held immediately prior to such appointment, but not greater than the maximum salary step of the new class.

An extra-help employee who is appointed to an allocated part-time or full-time position or on an extra-help basis in any class with a higher A-step, and without a break in service, shall be paid at a salary step in the appropriate salary scale of the new class which is nearest, but not less than, 5% greater than the amount to that of the step received in the classification held immediately prior to such appointment, but not greater than the maximum salary step of the new class.

Employment at a higher salary step not to exceed the maximum of the scale may be authorized upon recommendation of the appointing authority and approval of the County. This provision does not apply to simultaneous extra-help employment in more than one extra‑help position.

8.5 Salary – Upon Return of Extra Help Employees

When an Extra Help employee returns within one year from the date of termination to a classification that the employee previously occupied, the employee shall receive the same salary step of the scale as the employee received upon separation. Such employee shall be considered for merit increase when the employee’s total hours in pay status before and after separation and restoration equal the number of hours required for a merit increase.

8.6 Salary – Upon Reappointment Following Layoff

Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff and reappointed within two years from date of layoff in the same class from which separated or in a closely related class in the same salary scale or in a lower salary scale than the class from which separated, shall be paid at the same salary step in the salary scale as the employee was paid at the time of displacement, layoff, or voluntary demotion, or the salary step of the scale which is closest to but not exceeding the salary step at which the employee is currently being paid as a County employee, whichever is greater. Such employee shall be considered for merit increase when the employee’s total hours in pay status before and after separation and restoration equal the number of hours required for a merit increase.

8.7 Salary – Upon Promotion

Except as otherwise provided herein, any full or part-time employee who is promoted to a position or a class allocated to a higher salary scale than the class from which the employee was promoted shall receive the salary step of the appropriate scale that would constitute an increase of salary most closely equivalent to but not less than five (5) percent of the employee’s salary step before promotion, but not less than the minimum salary step of the new class nor greater than the maximum salary step of the new class. If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion.

An employee who receives a promotion from line staff to a supervisory position or class shall receive the salary step of the appropriate scale that would constitute an increase of salary most closely equivalent to but not less than ten (10) percent of the employee’s salary step before promotion but not less than the minimum salary step of the new class or greater than the maximum salary step of the new class. If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion.

An employee who is promoted shall be considered for a merit increase when the employee’s total hours in pay status, exclusive of overtime subsequent to promotion, equals 1,040 hours. The effective date of the merit increase shall be in accordance with Section 8.17.

8.8 Salary – Upon Promotion – Advanced Salary Step

Upon promotion of a full-time or part-time employee to a new class, the Human Resources Director may recommend to the County Administrator that the person being promoted shall receive a base hourly rate of pay which is higher than that to which the employee is entitled, but which does not exceed the top salary step of the scale.

8.9 Salary – Upon Demotion during Probation (Failed Probation)

Any full-time or part-time employee who, during the employee’s probationary period, is demoted to a class which the employee formerly occupied in good standing during the same period of continuous employment in paid or unpaid status shall have the employee’s salary step rate reduced to the salary the employee would have received if the employee had remained in the lower class throughout the employee’s period of service in the higher class. The employee’s eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the period of service in the higher class.

8.10 Salary – Upon Involuntary Demotion

A full or part-time employee, to whom the circumstances described in Section 8.9 above do not apply, who is demoted involuntarily to a position of a class which is allocated to a lower salary scale than the class from which the employee is demoted shall have the employee’s salary step rate reduced to the salary step in the scale for the new class which is the next lower than, or not more than five (5) percent less than the salary step received before demotion, except that such employee shall not be paid more than the maximum of the scale of the class to which the employee is demoted. The employee’s eligibility for merit advancement shall not change as a result of demotion.

8.11 Salary – Upon Voluntary Demotion

A full or part-time employee to whom the circumstances described in Section 8.9 above do not apply, who is demoted voluntarily or who displaces as a result of layoff to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted or displaced as a result of layoff shall receive the highest salary step in the scale for the new class which does not exceed the salary received before demotion or displacement but not exceeding the maximum of the salary scale for the new class. The employee’s eligibility for merit advancement shall not change as a result of demotion or displacement.

8.12 Salary – Upon Reappointment From Voluntary Demotion

Any full-time or part-time employee who is demoted voluntarily and who is reappointed on a full-time or part-time basis in the same class within two years, shall be reappointed at either the same salary step the employee received at the time of demotion or the salary step nearest the amount of the employee’s present salary step, whichever is greater.

8.13 Salary – Upon Transfer

A full-time or part-time employee who transfers from one allocated position to another allocated position in the same job class shall be placed at the same salary step that the employee was receiving prior to the transfer.

A full-time or part-time employee who transfers from one allocated position in a job class to another allocated position in a closely related job class as defined in the Civil Service Rules for which s/he possesses the minimum qualifications shall be paid at the step in the new scale nearest in amount to what the employee received prior to transfer.

8.14 Salary – Upon Reallocation of Class

An employee in a position of a class which is reallocated from one salary scale to another shall continue to receive the same salary step.

8.15 Salary – Upon Reclassification of Position

8.15.1 Salary – Upon Reclassification – Same Salary Scale

Whenever a position is reclassified to a class that is allocated to the same salary scale, the incumbent shall retain the same salary step received prior to the reclassification if the incumbent is appointed to fill the position in accordance with Civil Service Rules.

8.15.2 Salary – Upon Reclassification – Higher Salary Scale

Except as otherwise provided herein, whenever a position is reclassified to a class which is allocated to a higher salary scale, the salary of the incumbent shall be increased as provided by this Article upon promotion and include any subsequent merit increase considerations, as provided in Section 8.16.2. For positions that are within the purview of the Civil Service Commission, when the Commission approves the reclassification of an incumbent employee to an existing job classification, which is allocated to a higher salary scale, the incumbent shall temporarily receive salary, as provided by the Article – Salary Upon Promotion, beginning the next available pay period after the Commission’s approval. The temporary pay will end on the effective date of the action in which the Board of Supervisors adopts the classification recommendation.

8.15.3 Salary – Upon Reclassification – Lower Salary Scale

Whenever a position is reclassified to a class which is allocated to a lower salary scale, the salary of the incumbent shall be as provided by this Article upon voluntary demotion, if the incumbent is appointed to fill the position in accordance with Civil Service Rules. Whenever the effect of reclassification is to reduce the salary of an incumbent appointed to the position, the Board of Supervisors may, upon recommendation by the Director of Human Resources, direct that the incumbent shall continue to receive the previously authorized salary until termination of employment in the position, or until a percentage increase in pay may be authorized, whichever first occurs. Appropriate records shall show such an incumbent as being paid at a special fixed rate (Y rate) of the salary scale for the employee’s class.

8.15.4 Salary – Upon Reclassification – New Job Classification

For re-classifications in which an incumbent employee is recommended by the Human Resources Director to be reclassified to a new job classification, the incumbent employee shall receive a temporary 5% premium beginning the next available pay period after the County and SEIU complete the meet and confer process regarding the new specification and the recommendation to reclassify the position. The temporary premium will end on the effective date that the classification recommendation is implemented or denied by the Civil Service Commission or governing body.

For any re-classifications to a new job class, the temporary premium does not guarantee a particular salary outcome for the new job classification/the meet and confer process. The official placement of incumbent employee salaries will be pursuant to the Article – Salary - Upon Promotion or Article – Salary – Upon Reclassification – Lower Salary Step.

8.15.5 Automatic Salary Increase

Whenever the date of approval for a classification study by the respective governing body is greater than two years from the date Human Resources notified the requesting party of approval to conduct the classification study, and when the final recommendation results in reclassifying an incumbent(s) to a job classification with a higher salary range, the incumbent shall automatically be entitled to receive a base hourly rate of pay 5% higher than that to which the employee is entitled under the Article Salary – Upon Promotion, but which does not exceed the top salary step of the scale.

8.15.6 Benchmark Comparisons - Total Compensation

At the Union’s request, one year before the expiration of the contract, the parties will meet to discuss the County’s methodology for the Total Compensation Survey. The parties agree there will be no more than three (3) meetings of up to two (2) hours each, unless otherwise mutually agreed.

8.16 Merit Advancement within Salary Scale

8.16.1 Merit Increase – Not Automatic

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall be made only upon written approval by the employee’s Department Head or appointing authority as expressed in a completed performance evaluation with an overall rating of satisfactory or better. Failure to complete a performance evaluation in a timely manner, assuming an overall rating of satisfactory or better, will not result in loss of salary for the employee due to a delay in the evaluation process. Merit increases shall be made within the appropriate salary scale for the class by computing the new salary step rate that is most closely equivalent to five percent (5%) higher than the previous base hourly rate.

8.16.2 Merit Increase – Total Hours Required

Each employee shall be considered for an initial merit increase when the employee’s total in-service hours within the current class equals 1,040 hours. Each such employee shall be considered for subsequent merit increases when the employee’s total in-service hours at each step to which advanced equals 2,080 hours.

8.17 Merit Increase – Effective Date

All merit increases will be effective on the date that the employee is eligible in accordance with Section 8.16.

8.18 Salary – Reduction in Pay upon Discipline

For a full-time and part-time employee who has their pay reduced in accordance with Civil Service Rule 10.4, the reduction in pay shall apply to regular hours worked, including hours treated as hours worked (currently paid administrative leave, jury duty, military leave, and compassionate leave). The rate reduction excludes premiums, overtime, the usage of sick leave, vacation leave and compensatory time accrued. Also excluded are the buyback or payoff of sick, vacation and compensatory accrued leaves. Pursuant to Civil Service Rule 10.4, a reduction in pay shall not exceed five (5) percent of the employee’s salary step prior to the reduction and shall not exceed 1,040 hours in duration.

8.19 Deferred Compensation

8.19.1 Deferred Compensation – Voluntary Program

The County agrees to maintain the current voluntary deferred compensation plan for bargaining unit members eligible under Federal law and the rules of the deferred compensation plan.

8.19.2 Deferred Compensation – PST/457 Retirement Plan

Part-time (less than 20 hours per week) and Extra Help employees represented by the Union who are hired on or after October 1, 1991, shall participate in the PST/457 Deferred Compensation Retirement Plan authorized by IRS Code 457 in lieu of Social Security.

For each Extra Help employee or part-time employee not covered by Social Security, except retirees, the County shall contribute to the employee’s PST/457 deferred compensation account according to the following schedule:

EMPLOYEE	EMPLOYER
3.5% (3.50%)	4% (4.0%)

The Sonoma County Water Agency employees are not included in the PST/457 Deferred Compensation Retirement Plan as they are presently covered by Social Security.

8.19.2.1 Deferred Compensation – Employee Appeal

Employees may appeal to the Deferred Compensation Advisory Committee should they have a complaint regarding the administration of this program.

8.19.2.2 Deferred Compensation – Non-Grievability

The only deferred compensation issue that is grievable or arbitrable is whether the County has made its contribution.

8.19.3 Deferred Compensation – Program Modification

Nothing herein renders the County liable to the Union or any employee for a discontinuance of Internal Revenue Service or Franchise Tax Board approval of any County deferred compensation plan or portion thereof, or the employee becoming ineligible by law or the rules of the plan, to participate in the deferred compensation program(s). The County and the Union agree to meet upon request of either party during the term of this Memorandum to consider the development of additional mutually agreeable deferred compensation investment options.

8.20 Hourly Cash Allowance

The County shall pay each permanent full and part time employee, in addition to their hourly regular earning rate from the salary schedule, a cash allowance of $3.45 per pay status hour that the employee is in paid status excluding overtime, up to a maximum of 80 hours in a pay period, (or approximately a maximum of $600.00 per month).

Such hourly cash allowance is compensation for services rendered in that pay- period and shall be taken into account for the purposes of computing employees’ final compensation for pension purposes, as well as all usual taxation as their regular earning rate from the salary schedule. It shall not be included on the salary schedule and shall not be impacted by future increases on the salary schedule. It is not intended as a supplement toward medical, dental, or any other insurance or benefit.

Effective May 30, 2023, the County will reduce the hourly cash allowance to $0.00 per pay status hour that the employee is in paid status, excluding overtime, up to a maximum of 80 hours in a pay period.

Effective the first full pay period in July 2023, and July 2024, each regular, full time, employee hired prior to June 30, 2023, who on the last day of the pay period are in a step below the “I” step of the salary scale, shall receive a one-time, non-recurring, pensionable lump sum payment in the amount listed below:

Salary Step as of June 30, 2023	Payment July 2023	Payment July 2024
A step:	$1,268.80	$811.20
B step:	$1,123.20	$540.80
C step:	$977.60	$374.40
D step:	$832.00	$208.00
E step:	$665.60	$20.80
F step:	$499.20	-
G step:	$332.80	-
H step:	$166.40	-

The above amount shall be prorated for eligible part time employees based on their allocated full-time equivalent (FTE) as of the last day of the pay period.

The one-time payment will be subject to all applicable federal, state and local tax withholdings. The payment will not be included in wages for computations of overtime, benefits or for any other purpose.

In consideration for the foregoing, the County has agreed to increase the I step of the salary scale of each job classification identified in Appendix A by $3.45/hour as set forth in Article 8.1 (Salaries).

8.21 Comparison Agencies

Unless mutually agreed to, all classifications within bargaining units 0001, 0005, 0010, 0025, 0080 and 0095, shall utilize the following for comparable agency purposes:

Alameda County, Contra Costa County, Marin County, Napa County, San Mateo County, Solano County, Santa Cruz County, Sacramento County, Santa Clara County, San Luis Obispo County, and the City of Santa Rosa shall all be included as comparable agencies.

The benchmark market average will henceforth be determined by calculating the total compensation of each benchmark classification within each agency within the composite list of eleven agencies then removing the two agencies showing the highest and lowest total compensation per benchmark classification.

For purposes of understanding market data in applicable classification studies, top-step salary of comparable job classifications within the composite list of eleven agencies will be determined, then the two agencies showing the highest and lowest top-step salary will be removed from the calculation. At least four match classes must exist in order to conclude there is sufficient market data. If less than six match classes exist, the highest and lowest will not be removed from the calculation.