Memorandum of Understanding

between

Butte County In-Home Supportive Services Public Authority

And

California United Homecare Workers Union, AFSCME/SEIU

October 1, 2009 - September 30, 2012

2

PREAMBLE ................................................................................................... 6

ARTICLE 1: UNION RECOGNITION ........................................................ 6

ARTICLE 2: MUTUAL RESPECT .............................................................. 7

ARTICLE 3: NO DISCRIMINATION ......................................................... 7

Section A...................................................................................................... 7

Section B ...................................................................................................... 7

ARTICLE 4: UNION RESPONSIBILITIES ................................................ 7

Section A: Official Representatives and Stewards ..................................... 7

Section B: Duty of Representation ............................................................. 7

ARTICLE 5: CONSUMER RIGHTS ............................................................ 8

Section A: Consumer Rights ...................................................................... 8

Section B: Consumer Confidentiality. ........................................................ 8

Section C: Right To Privacy ....................................................................... 9

Section D: Consumer Representation ......................................................... 9

ARTICLE 6: PUBLIC AUTHORITY RIGHTS ........................................... 9

Section A...................................................................................................... 9

Section B .................................................................................................... 10

Section C .................................................................................................... 10

ARTICLE 7: UNION SECURITY .............................................................. 10

Section A: General .................................................................................... 10

Section B: Membership in Good Standing ............................................... 10

Section C: Agency Fees ............................................................................ 10

Section D: Indemnification ....................................................................... 11

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Section E: State Changes .......................................................................... 11

ARTICLE 8: DUES DEDUCTION............................................................. 11

Section A.................................................................................................... 11

Section B .................................................................................................... 11

Section C .................................................................................................... 12

Section D.................................................................................................... 12

ARTICLE 9: PAYROLL/DIRECT DEPOSIT ............................................ 12

Section A.................................................................................................... 12

Section B .................................................................................................... 12

ARTICLE 10: HOURS OF WORK ............................................................ 13

ARTICLE 11: WAGES ............................................................................... 13

Section A.................................................................................................... 13

Section B .................................................................................................... 13

ARTICLE 12: HEALTH PLAN .................................................................. 13

ARTICLE 13: RECORD OF REGISTRY SERVICES .............................. 16

ARTICLE 14: TRAINING REGISTRY ORIENTATION ......................... 17

Section A.................................................................................................... 17

Section B .................................................................................................... 17

Section C .................................................................................................... 17

Section D.................................................................................................... 17

Section E .................................................................................................... 17

ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,

LANGUAGES .............................................................................................. 18

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Section A: Bulletin Boards ....................................................................... 18

Section B: Notices .................................................................................... 18

Section C: Languages ............................................................................... 19

ARTICLE 16: GRIEVANCE PROCEDURE ............................................. 19

Section A: Definition ................................................................................ 19

Section B: Timeliness ............................................................................... 20

Section C: Grievance Procedure Steps ..................................................... 20

Section D: Scope of Arbitration Decisions .............................................. 22

Section E: Effect of Failure of Timely Action ......................................... 22

Section F: Extension of Time Periods ...................................................... 22

ARTICLE 17: LABOR-MANAGEMENT COMMITTEE ......................... 22

Section A.................................................................................................... 22

Section B .................................................................................................... 23

ARTICLE 18: NO INTERRUPTION OF WORK ...................................... 23

Section A.................................................................................................... 23

Section B .................................................................................................... 24

ARTICLE 19: INDEMNIFICATION AND LIABILITY ........................... 24

Section A.................................................................................................... 24

Section B .................................................................................................... 24

Section C .................................................................................................... 25

ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,

MODIFICATION AND WAIVER .............................................................. 25

Section A: Sole and Entire Agreement ..................................................... 25

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Section B: Modification ............................................................................ 25

Section C: Waiver ..................................................................................... 25

ARTICLE 21: TERM .................................................................................. 26

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PREAMBLE

This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as

"Agreement") is entered into by the In-Home Supportive Services Public

Authority of Butte County (hereinafter referred to as "Public Authority")

and the California United Homecare Workers Union, AFSCME/SEIU

("Union"). The Union and the Public Authority acknowledge that the

relationship between the Public Authority and the employees in this

bargaining unit, who are individual In-Home Supportive Services providers

(hereinafter referred to as "Providers"), is governed by State law,

specifically Welfare and Institutions Code Section 12301.6, and

Government Code Section 3500 et seq. The parties also acknowledge that

this relationship is unique, and that the Public Authority does not employ or

manage the Provider workforce in the role of a traditional employer. The

parties also acknowledge that the In-Home Supportive Services recipients

(hereinafter referred to as "Consumers") remain the employers for the

purposes of hiring, firing, and supervising the work of any Provider

providing services to them.

The Public Authority and the Union recognize that, due to the nature of the

relationship between them and the role of that relationship in the In-Home

Supportive Services (hereinafter referred to as "IHSS") program, the

implementation of various provisions of this Agreement will require the

assistance and cooperation of agencies that are not party to this Agreement.

The Public Authority and the Union agree to work together in good faith in

order to secure the assistance of the appropriate entities when required by

the provisions of this Agreement. Similarly, the Union commits itself in this

Agreement to some goals that not only benefit this workforce, but are also

intended to benefit Consumers.

This Agreement is entered into pursuant to the authority provided under

Section 3505.1 of the Government Code and has been jointly prepared by

the parties.

ARTICLE 1: UNION RECOGNITION

The Public Authority recognizes the Union as the exclusive representative of

the Providers. This Agreement does not apply to others affiliated with or

employed by the Public Authority, including without limitation, staff of the

Public Authority.

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ARTICLE 2: MUTUAL RESPECT

The Public Authority and the Union agree that all workers and

administrators involved in the IHSS program regardless of position,

profession, or rank, will treat each other with courtesy, dignity and respect.

The foregoing shall also apply in providing services to the public,

specifically including Consumers.

ARTICLE 3: NO DISCRIMINATION

Section A

Except as otherwise provided by law, the Public Authority and the Union

shall not discriminate in the interpretation, application or enforcement of the

express terms of this Agreement because of sex, race, religion, color,

national origin, sexual orientation, age or disability.

Section B

The Public Authority and the Union shall not discriminate against any

Provider for his/her participation or non-participation in Union activities or

exercising his/her rights under this Agreement.

ARTICLE 4: UNION RESPONSIBILITIES

Section A: Official Representatives and Stewards

The Union shall provide a current Official Representative List to the Public

Authority Manager. The list shall include the name, title, telephone number,

mailing address and e-mail address of the Union's official representatives,

including stewards. The Union shall notify the Public Authority Manager of

any changes to the list. The official Union representatives and stewards

shall not be recognized by the Public Authority until such list or changes are

provided to the Public Authority Manager.

Section B: Duty of Representation

The Union agrees that it has a duty to provide fair and non-discriminatory

representation to all Providers for whom this Agreement is applicable

regardless of whether they are members of the Union.

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ARTICLE 5: CONSUMER RIGHTS

Section A: Consumer Rights

Consumers are dependent upon IHSS in order to remain safe at home. They

have the right to receive the services from their Provider in a caring,

respectful and efficient manner free from concern that their services might

be affected by the actions or inactions of the Public Authority, Butte County

(hereinafter referred to as "County") or the Union. Providers and Union

representatives will discuss any issues regarding this Agreement directly

with the Public Authority or with their Union steward, rather than with

Consumers.

The parties reaffirm that under State law and the County ordinance

establishing the Public Authority, Consumers as employers have the sole

and undisputed right to:

1. Hire Providers of their choice;

2. Remove Providers from their service at will;

3. Determine in advance and under all circumstances who can and

cannot enter their home; and

4. Supervise and direct the work of Providers providing services

to them within the scope of authorized services.

Section B: Consumer Confidentiality.

The Union shall not seek information regarding the name, address, phone

number or any other personal information regarding Consumers. Union

representatives and Providers shall maintain strict standards of

confidentiality regarding Consumers and shall not disclose personal

information obtained from whatever source, pertaining to Consumers, unless

disclosure is compelled by legal process or otherwise authorized by law. If

Consumer information is disclosed pursuant to this Article, the Consumer

and the Public Authority shall be notified of such release or disclosure

immediately

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Section C: Right To Privacy

The Union shall have no contact with either the Consumer or the Provider at

the Consumer's home without the express permission of the Consumer or

guardian. This Section does not apply to contact with the Provider when the

Provider and the Consumer share the same residence or the Provider uses

the Consumer's address/phone number as his/her contact information. When

the Consumer and Provider share a residence, the Union representative may

speak with the Provider after explaining the purpose of the visit and

receiving permission from the Provider. If the address visited is the

exclusive residence of the Consumer, the Union representative must also

receive permission from the Consumer or guardian to either (1) make an

appointment at another location and/or time or (2) continue with the

meeting.

In all instances, the time spent in any such meeting shall not interfere, delay,

or interrupt care to the Consumer, and shall not be counted as work time.

Section D: Consumer Representation

The parties recognize that Consumers may request accompaniment,

representation and/or assistance at their assessment and reassessment

reviews with social workers, from any source. The parties also recognize

that Consumers may request representation, from any source, for any State

hearing appeals filed by the Consumer.

ARTICLE 6: PUBLIC AUTHORITY RIGHTS

Section A

Unless otherwise expressly specified in this Agreement, the rights of the

Public Authority include, but are not limited to, the exclusive right to

determine the mission of its governing body, committees and other related

work groups; maintain the efficiency of its operations; determine the

methods, means and personnel by which its operations are to be conducted;

add or delete names of Providers to and from the registry; and take all other

necessary actions to carry out its mission.

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Section B

The Public Authority shall have the authority to take any necessary actions

in the case of an emergency. The Public Authority shall notify the Union of

the nature of the emergency and of any necessary actions or changes

promptly.

Section C

The rights of the Public Authority set forth above are subject to compliance

with all applicable State laws and regulations.

ARTICLE 7: UNION SECURITY

Section A: General

As a condition of continued employment, Providers must become and

remain members of the Union in good standing or pay an agency fee to the

Union commencing thirty (30) calendar days after their first date of

employment as a Provider. Such dues or agency fees shall be deducted from

the Provider's paycheck on a monthly basis.

Section B: Membership in Good Standing

This means that the Provider has voluntarily chosen to join the Union and to

pay to the Union the regular periodic dues required of Union members.

Section C: Agency Fees

1 . Definition. Agency fee is the minimum regular monthly fee to

the Union, required of non-members as their fair share of the

costs of representation, subject to the limitations and

protections of applicable law and of this Agreement.

2. Religious Objectors. Any Provider, who is a member of a bona

fide religion, body or sect that has historically held

conscientious objections to joining or financially supporting a

union, may apply for exemption from agency fee obligations by

presenting verification to the Public Authority of active

membership in that religion, body or sect. If a satisfactory

basis is presented for exemption, the exempted Provider shall

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make a charitable contribution equal to the agency fee to a non-

religious, non-labor, charitable organization exempt from

taxation under IRS Code Section 501 (c)(3) on a list of three (3)

such organizations to be agreed upon by the Public Authority

and the Union. Copies of any such application for religious

exemption and supporting material and the Public Authority's

decision shall be forwarded by the Public Authority to the

Union within fifteen (15) days of receipt by Public Authority.

The Union shall then have fifteen (15) days after receipt of

Public Authority's decision to challenge any exemption granted

by the Public Authority.

Section D: Indemnification

The Union shall defend, indemnify, and hold harmless the Public Authority

and its respective board, directors, officers, agents and employees from any

and all claims; demands, suits, or any other action arising from this Article

or from the Public Authority's compliance with any Union requests made

pursuant to its efforts to collect dues and/or agency fees.

Section E: State Changes

If at any time the State makes changes to the dues deduction or payroll

system, the Public Authority and the Union shall immediately commence

negotiations regarding those parts of this Article that may be impacted by

implementation of such changes.

ARTICLE 8: DUES DEDUCTION

Section A

The Union has the exclusive privilege of the deduction of any applicable

dues, fees, or assessments for all Providers covered by this Agreement.

Section B

The Public Authority will advise the State Controller, as the payroll agent

for individual Providers, to deduct all authorized membership dues, fees

and/or assessments as required by the Union or as voluntarily requested by

Providers. The Public Authority will assist and cooperate with the Union

and the State Controller to facilitate the timely deduction of said dues, fees,

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and/or assessments so that the State Controller may provide timely and

accurate reporting to the Union of all such payments made pursuant to this

Agreement. The Union will provide the Public Authority with a reporting of

the deduction of all such dues, fees, or assessments on a monthly basis.

Section C

To the extent State data-processing systems permit, the Public Authority

will forward to the Union a list of names, addresses, telephone numbers, and

social security numbers of all Providers who were paid in the pay period, the

number of hours paid per month and the gross amount of their earnings, to

the extent that such disclosures are legally permitted under State and Federal

law. This information will be sent electronically, by a means mutually

agreeable to both parties, to the Union within five (5) working days of being

received by the Public Authority.

Section D

The Union shall defend, indemnify, and hold harmless the Public Authority

and its respective board; directors, officers, agents and employees from any

and all claims, demands, suits, or any other action alleging that the Union

has misused or inappropriately disclosed Provider information obtained

from the Public Authority.

ARTICLE 9: PAYROLL/DIRECT DEPOSIT

Section A

The Public Authority shall provide all Providers with an appropriate

telephone number at the County to call for answers to payroll questions and

resolutions to problems. The Public Authority and the Union shall share

information on the causes and potential solutions for general payroll issues

in good faith and in a spirit of cooperative problem solving.

Section B

The Public Authority and the Union agree that the direct deposit of Provider

paychecks to the financial institution of the Provider's choice on a voluntary

basis is in the interest of the Provider, the Public Authority and the Union.

The Public Authority and the Union agree that optional direct deposit will

occur at no cost to the Provider and/or the Public Authority.

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ARTICLE 10: HOURS OF WORK

The Union and the Public Authority recognize the unique and varied needs

of Consumers and that these needs do not always conform to a regular shift,

work day or work schedule. Because of this, an individual Consumer will

determine the number of Providers utilized, their schedule and hours of

work based on the Consumer's needs, within the number of authorized,

IHSS hours. Consumers may require day, evening, weekend or irregular

hours of care. It is understood that many Providers live with the Consumer,

and that this may necessitate that Providers care for Consumers at various

hours of the day or night.

ARTICLE 11: WAGES

Section A

Wages for Providers shall be $8.20 per hour, effective the month following

ratification by the Union, adoption of this Agreement by the Public

Authority Board and approval of the rate by the State but no earlier than

May 1, 2012.

Section B

The Public Authority and the Union acknowledge that the Public Authority

pays Provider wages based upon assurances that the Federal government and

the State of California will each pay a portion of the Provider’s wage up to a

specified maximum wage. If the Federal government and/or the State of

California reduce the maximum wage for which they will pay a

proportionate share below the current Provider wage rate described in

Subsection A above then the Provider wage rate will be reduced to that

maximum wage.

ARTICLE 12: HEALTH PLAN

Section A.

The Public Authority shall pay the premium payment (“Public Authority

Premium”) directly to the currently selected health care plan on behalf of

enrolled Providers effective June 1, 2012 or as soon thereafter as is

practicable pursuant to the following:

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1. Health Plan - The Public Authority and the Union shall

contract with the Pan American Life Insurance Company

(“Pan American”) to be the currently selected health care

plan to provide health care benefits to eligible Providers.

The Parties may mutually agree to replace the currently

selected health care plan during the term of this Agreement.

2. Administrator - The Public Authority and the Union shall

contract with Walker Insurance Solutions LLC

(“Administrator”) by signing an Administrative Services

Agreement with the Administrator to administer the

currently selected health care plan.

a. The Public Authority shall have no obligation to

continue to pay the Public Authority Premium if 1)

Pan American or its successor discontinues the

currently selected health care plan, 2) if the Union

fails to meet its obligations described in this Article

and/or in the Administrative Services Agreement, 3)

the Administrative Services Agreement is terminated

or 4) Federal and/or California government reduce or

eliminate the participation level for health related

benefits from the current level of $0.60 per hour.

b. The Public Authority and the Union shall make a good

faith effort to replace the currently selected health care

plan or the Administrative Services Agreement if

either are terminated during the term of this

Agreement. The Public Authority shall continue to

pay the Public Authority Premium if the Parties

successfully negotiate a successor health plan or

administrative services agreement.

3. Premiums - The Public Authority Premium shall be $281.00

per month per enrolled Provider. The Public Authority shall

pay this Public Authority Premium directly to the currently

selected health care plan on behalf of up to 525 enrolled

Providers. The Public Authority does not have the

obligation to pay the Public Authority Premium on behalf of

Providers who are ineligible to be enrolled in the health care

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plan as described in this Article and/or who are not enrolled

in the health care plan.

4. Eligibility – A Provider shall become eligible to enroll in the

currently selected health care plan pursuant to the following:

a. Enrollment Cap – The enrollment cap is 525 eligible

Providers at any given time. If the enrollment cap is

reached when the Parties convert the health benefit

from the prior union sponsored health benefit trust to

the Pan American plan, any eligible Providers over the

525 enrollment cap will be placed on a waiting list to

be administered by the Administrator. When

Providers are moved to the new Pan American plan,

the Administrator shall enroll the Providers with the

earliest initial eligibility dates as determined by the

process described in subsection 4(b) below and the

balance shall be placed on the waiting list. Eligible

providers will be offered the opportunity to enroll in

the order they are listed on the waiting list, as slots

become available, provided that the provider has

retained eligibility. The Administrator shall remove

Providers from the waiting list who become ineligible

to enroll in the health care plan.

b. Initial Eligibility - Each Provider must work at least

eighty (80) hours each month during a three

consecutive month initial eligibility period to become

eligible to be enrolled in the health care plan subject to

the enrollment cap. If the plan is at full enrollment

when the Provider otherwise becomes eligible, the

Provider’s name shall be placed on the waiting list and

the Provider’s subsequent eligibility for enrollment in the

health plan will be determined by the ongoing eligibility

requirements in subsection 4(c) below.

c. Ongoing Eligibility – Each enrolled Provider must

work at least two hundred forty (240) hours in each

three-month eligibility quarter described in this

paragraph to remain enrolled in the health care plan.

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The eligibility quarters are 1) January-February-

March, 2) April-May-June, 3) July-August-September

and 4) October-November-December. Enrolled

Providers who fail to work at least two hundred forty

hours (240) each quarter will be placed on a

probationary status and/or removed from the health

care plan pursuant the Administrator’s policies. A

Provider on the waiting list who fails to work two

hundred forty (240) hours in the previous quarter will be

removed from the waiting list pursuant to the

Administrator’s policies until the Provider subsequently

meets the initial eligibility requirements in the subsection

4(b).

5. Grievances – Claims by Providers asserting any violation of

this Article attributable to the Union and/or Administrator

are not grievable and may not be processed pursuant to the

grievance procedure described in Article 16 of this

Agreement.

6. Contingencies – The Parties acknowledge that the Federal

and/or California governments might adopt or implement

healthcare legislation that includes a mandatory employer

contribution for health benefits which exceeds the Public

Authority Premium. If that occurs, the Public Authority

shall reduces wages and/or benefits to keep the total cost to

the Public Authority the same as it existed prior to the

effective date of the healthcare legislation.

ARTICLE 13: RECORD OF REGISTRY SERVICES

The Public Authority shall establish a date of enrollment roster for Providers

enrolled in the registry, to be updated and provided to the Union on a

quarterly basis. Such roster shall include the name, address, social security

number and enrollment date of all Providers enrolled in the registry.

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ARTICLE 14: TRAINING REGISTRY ORIENTATION

Section A

All new Providers requesting enrollment in the Public Authority registry are

required to attend an unpaid registry orientation session.

Section B

It is the objective of both the Union and the Public Authority that training

programs be provided that enrich the skills base of the Providers. The

Pub1ic Authority shall seek and give consideration to the Union and the

IHSS Advisory Committee for the purpose of developing and implementing

training programs for Providers. Subjects to be considered for training

sessions may include, but are not limited to, First Aid, CPR and payroll

procedures. Training will be voluntary (except the registry orientation

session as specified in Section A of this Article) and unpaid.

Section C

The Public Authority and the Union agree to work together to explore

training programs to the extent that the Public Authority's budget allows or

to the extent that additional funding is authorized/located for this purpose.

Section D

The Public Authority encourages the Union to identify additional topics for

possible training sessions and to urge Providers to take advantage of training

opportunities. The Union agrees to make materials provided by the Public

Authority available at Union events.

Section E

A Union representative shall be allowed to attend training meetings

organized by the Public Authority. The Public Authority encourages

feedback on the training from all attendees, including the Union. The Public

Authority agrees to make available to attendees materials provided by the

Union. Such materials must be approved by the Public Authority Manager

in advance and shall not contain anything that may reasonably be construed

as maligning the Public Authority, its staff or representatives of the Public

Authority Board.

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ARTICLE 15: BULLETIN BOARD, NOTICE TO PROVIDERS,

LANGUAGES

Section A: Bulletin Boards

The Public Authority will furnish, for use of the Union, bulletin board space

at the Public Authority office at #78 Table Mountain Blvd., Oroville. The

bulletin board space shall be used only for the following subjects:

1. Information concerning Union elections or the results thereof.

2. Reports of official business of the Union, including reports of

committees of the Union's Board of Directors.

3. Union recreational, social and related bulletins.

4. Scheduled meetings.

All materials shall clearly state that it is prepared and authorized by the

Union. The Union agrees that notices posted on the bulletin board shall not

contain anything that may reasonably be construed as maligning the Public

Authority, its staff, or representatives of the Public Authority Board. The

Public Authority Manager shall have the right to remove any materials that

he/she deems objectionable.

In addition, and in an effort to provide a practical means of communicating

with the Providers located in other areas of the County, the Public Authority

will work with the Union to identify other possible locations for the posting

of Union materials, as outlined above.

Section B: Notices

The Public Authority will send Providers no less than two informational

mailings per year in which the Union may insert updates or Union notices at

no additional cost to the Public Authority, provided these notices meet the

requirements of Section A of this Article. The Union will provide the Public

Authority with copies of its inserts at least five (5) days in advance of the

date of mailing or as agreed to by the parties for any particular notice.

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Section C: Languages

The Public Authority will make available the Language Line Services to

communicate with non-English speaking Providers, as needed.

ARTICLE 16: GRIEVANCE PROCEDURE

Section A: Definition

This procedure shall be applied in resolving grievances that arise concerning

the interpretation or application of this Agreement. A grievance is defined

as an allegation by a Provider, a group of Providers, the Union representing

a named Provider or group of Providers, the Union in its own right or the

Public Authority that a party to this Agreement has failed to abide by the

terms and conditions of this Agreement.

Participation in the grievance procedure in any capacity shall be solely on

the Provider's own time and shall not be treated as within any Consumers'

allocated service hours, or as paid time.

The Union may represent the Provider(s) at any stage of the grievance

process.

This grievance procedure shall apply exclusively to all matters that are

covered by the expressed terms of this Agreement that relate specifically to

wages, hours and other terms and conditions of employment.

This grievance procedure shall not apply to matters:

1. Which this Agreement provides the Public Authority has final

jurisdiction over;

2. Expressly covered by the Employer-Employee Relations

Resolution;

3. Concerning Consumers' rights including those referred to in

Article 5 of this Agreement; or

4. Matters which are controlled or dictated by legal entities other

than the Public Authority.

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Section B: Timeliness

A grievance shall be void unless filed in writing within thirty (30) calendar

days from the date upon which the Public Authority or Union is alleged to

have violated this Agreement, or within (30) calendar days from the time the

grievant became aware of the alleged violation.

Section C: Grievance Procedure Steps

All grievances shall be processed in the following manner:

Prior to filing a grievance in writing, the Provider/Union and a

representative of the Public Authority will attempt to resolve the problem

informally.

Step 1 - Public Authority Manager

If the grievance is not settled informally between the Provider/Union and the

Public Authority representative, it shall be set forth in writing and submitted

to the Public Authority Manager or his/her designee.

All grievances must be set forth in writing citing the alleged violation of this

Agreement, and identifying the specific Article and Section of this

Agreement that is alleged to have been violated and shall specify the remedy

sought. If the Union is not a party to the grievance, the Public Authority

shall notify the Union of the grievance within three (3) business days of its

filing.

The Public Authority Manager or his/her designee shall respond in writing

to the grievance within ten (10) calendar days from receipt of the written

grievance.

Step 2 - Human Resources

If the grievance is not settled at Step 1, the grievant may submit it within ten

(10) calendar days of receipt of the decision at Step l. to the County Human

Resources Director.

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If the grievant requests a meeting with the Human Resources Director, such

meeting with the Human Resources Director or his/her designee shall take

place within ten (10) calendar days after receipt of the Step I written

response by the Public Authority or at a time mutually agreed to by the

parties. If the Union is not a party to the grievance, the Public Authority

shall notify the Union of the grievance within three (3) business days of its

filing.

The Director of Human Resources or his/her designee shall respond in

writing to the grievance within ten (10) calendar days of the receipt of the

written grievance or from the date of the meeting with the grievant,

whichever is later.

Step 3 - Mediation

If the grievance is not settled at Step 2, the Public Authority and the Union

shall utilize mediation to attempt to resolve the dispute at issue. The parties

shall request an impartial mediator from the California State Mediation and

Conciliation Service to meet with the parties to attempt to resolve the

grievance within twenty (20) calendar days after completion of Step 2, or at

a time mutually agreed to by the parties. The costs of mediation, if any,

shall be shared equally by the parties. The mediator shall have no authority

to impose a settlement of the grievance. The mediator's comments,

suggestions and recommendations, if any, shall be kept confidential. If

mutually agreed to by the parties, the mediator may be requested to prepare

a written report of the mediation.

Step 4 - Binding Arbitration

If no settlement is reached in Step 3, either the Public Authority or the

Union shall have the right to proceed to arbitration. In the event that the

dispute proceeds to arbitration, the parties shall make a good faith effort to

agree on an arbitrator. If the parities are unable to agree on an arbitrator

within ten (10) days from receipt of the arbitration request, the parties shall

request a list of nine (9) arbitrators from the California State Mediation and

Conciliation Service and shall meet to alternately strike the names from the

list of arbitrators until, through process of elimination, only one name

remains.

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The arbitrator shall render a decision within thirty (30) days. The decision

of the arbitrator shall be final and binding.

The fees and expenses of the arbitrator and of the court reporter, if required,

shall be shared equally by the parties. Each party, however, shall bear the

costs of its own representation, including presentation and post-hearing

briefs, if any.

Section D: Scope of Arbitration Decisions

Proposals to add to or change this Agreement or to change written

agreements supplementary hereto shall not be subject to arbitration and no

proposal to modify, amend, or terminate this Agreement nor any matter or

subject arising out of or in connection with such proposals may be referred

to arbitration under this Article. The arbitrator shall limit his/her decision to

the application and interpretation of the provisions of this Agreement. The

arbitrator shall have no authority to add to, delete, or alter any provisions of

this Agreement or written agreements supplementary hereto or to establish

any new terms or conditions of employment.

Section E: Effect of Failure of Timely Action

If a Provider does not present the grievance, or does not appeal the decision

rendered regarding the grievance within the time limits at any step of the

process as set forth above, the grievance shall be considered resolved.

Section F: Extension of Time Periods

The time periods given above for processing a grievance may be extended

by mutual agreement of the parties.

ARTICLE 17: LABOR-MANAGEMENT COMMITTEE

Section A

In order to encourage open communication, promote harmonious relations

and resolve matters of mutual concern, the parties agree to create a Labor-

Management Committee. The Committee will be governed by the

following:

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1. The Committee shall be composed of up to five (5) Union

representatives and up to five (5) Public Authority

representatives. In addition, County staff may attend, as

appropriate.

2. The Committee shall be co-chaired by one of the Union

representatives and one of the Public Authority representatives.

3. The Committee may meet quarterly, or as frequently as agreed

to by the parties, but shall meet no less than twice per calendar

year.

4. Minutes will be prepared by the Public Authority and the

Union, with alternating responsibility, within thirty (30) days of

each meeting.

5. The Committee will refrain from conducting negotiations or

considering matters properly the subject of a grievance and will

relegate those subjects to the appropriate meet and confer or

grievance process.

6. Union representative committee members serve on a voluntary

basis and will receive no remuneration from the Public

Authority for their participation.

Section B

Ideas or suggestions to improve the IHSS program identified in the Labor-

Management Committee may be referred to the IHSS Advisory Committee

for consideration.

ARTICLE 18: NO INTERRUPTION OF WORK

Section A

The unimpaired continuation of IHSS is of paramount importance to County

residents and specifically to the recipients of home care services. Therefore,

neither the Union nor the Providers shall authorize, sanction, or support any

strike, slowdown or stoppage of work, or refuse to perform customary

duties.

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Section B

In addition, the Public Authority shall not lock-out, or in the context of a

labor dispute, prevent Providers from working and being paid for their work.

This provision shall continue in full force and effect for the term of this

Agreement and for a minimum of one (1) year beyond the term of this

Agreement.

ARTICLE 19: INDEMNIFICATION AND LIABILITY

Section A

This Article is included for informational purposes only and consistent with

the mandate specified in County Ordinance No. 3809, adopted on February

12, 2002.

Section B

County Ordinance 3809 states the following:

1. Any obligation or legal liability of the Authority, whether

statutory, contractual or otherwise, shall be the obligation or

liability solely of the Authority and shall not be the obligation

or liability of the County of Butte.

2 The Authority has no power to bind the County to any

contractual or legal obligations. Nor may the obligees of the

Authority seek recourse against the County of Butte for any

financial or legal obligation of the Authority.

3. The Authority shall not be deemed to be the employer of IHSS

providers for purposes of liability because of the negligence or

intentional torts of the IHSS providers. Employees of the

Authority shall not be employees of the County for any

purpose."

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Section C

The Public Authority shall not be held liable for any action or omission of

any Provider whom the Public Authority did not list on its registry or

otherwise refer to a Consumer.

ARTICLE 20: SOLE AND ENTIRE AGREEMENT, SAVINGS,

MODIFICATION AND WAIVER

Section A: Sole and Entire Agreement

This Agreement, together with any appendices and/or side letters, concludes

all collective bargaining between the parties and constitutes the sole and

entire agreement between the parties and supersedes any prior agreements or

understandings, oral or written, express or implied, or practices by the

Public Authority with regard to the Providers' bargaining unit.

The parties acknowledge that, during the negotiations that resulted in this

Agreement, each had the unlimited right and opportunity to submit

proposals with respect to any subject matter not otherwise prohibited by law

and that the agreement reached by the parties following the exercise of that

right and opportunity is set forth in this Agreement.

In the event that any Article, Section or portion of this Agreement is

declared invalid by a court of competent jurisdiction or is in contravention

of any applicable law, the remaining provisions to this Agreement shall not

be invalidated thereby and shall remain in full force and effect.

Section B: Modification

No agreement, alteration, understanding, variation, waiver or modification

of any of the provisions contained herein shall in any manner be binding

upon the parties hereto unless made and executed in writing by all parties

hereto and, if required, approved by the Public Authority Board.

Section C: Waiver

The waiver of or any breach of terms or conditions of this Agreement by

either party shall not constitute a precedent in the future enforcement of all

its terms and provisions.

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ARTICLE 21: TERM

The term of this Agreement shall commence upon its ratification by the

Union and adoption by the Public Authority Board and shall remain in full

force and effect through September 30, 2012.

Signed and entered into _________ day of ____________, 2012.

UNION RATIFICATION

Ratified by the California United Homecare Workers Butte County

bargaining unit on March ______, 2012.

For the Public Authority: For CUHW:

_________________________ _________________________

Cathi Grams Gail Ennis

Director, Butte County Department Association President

of Employment and Social Services

________________________ _________________________

Jack Hughes Loretta Stevens

Chief Negotiator Chief Negotiator

Butte County IHSS Public Authority CUHW

COUNTY RATIFICATION

Ratified by the Butte County IHSS Public Authority Board this

_____________ day of _____________, 2012. Minute Order No. ________

__________________________________

Steve Lambert

Chair of the Butte County IHSS Public Authority Board

ATTEST:

Paul Hahn, Chief Administrative Officer and

Clerk of the Butte County IHSS Public Authority Board

____________________________________