Teamsters Local 856 Deputy District Attorney Unit Tentative Agreement

TENTATIVE AGREEMENT

This is a tentative agreement (“TENTATIVE AGREEMENT”) between the Teamsters Local 856 – Deputy District Attorney Unit (“DDA”) and the County of Marin (“COUNTY,” collectively “the PARTIES”) for the 2022-2025 memorandum of understanding. The terms of this TENTATIVE AGREEMENT apply only to DDA-represented employees. This TENTATIVE AGREEMENT is subject to ratification by the membership of DDA, as well as, subject to approval by the Marin County Board of Supervisors (“BOARD”).

GENERAL PROVISIONS

Article 1.1 Introduction

Section 1.1.2 Term

This Agreement shall be in effect from July 1, 2022 through June 30, 2025. It shall continue in effect thereafter from year to year unless either party gives 120 days notice prior to June 30, 2025, or any yearly anniversary date thereafter, to terminate or modify this Agreement. Notwithstanding any of the above, continuation of this Agreement may be voided in accordance with the procedures outlined in Personnel Management Regulation (PMR) 4.

Section 2.1 Salary

2.1.1 General Increases

Year 1:

Year 2:

Effective the first full pay period in July 2023, the rate of pay for all classes and employees shall be increased by three percent (3%).

Year 3:

Effective the first full pay period in July 2024, the rate of pay for all classes and employees shall be increased by three percent (3%).

2.1.2 Equity Adjustment

Effective the first full pay period in July 2022, or in the first full pay period following ratification by the Union and approval of the Agreement by the Board of Supervisors, whichever is later, the rate of pay for the DDA I shall be increased by three (3.0%), the rate of pay for the DDA II shall be increased by four (4.0%) and the rate of pay for the DDA IV shall be increased by one (1%). Additionally, the County will align to increase steps 1-4 of the DDA III salary range with steps 1-4 of the County Counsel III salary range.

Retention Bonus: In recognition of years of service to the County, all regular hire employees on the books upon ratification by the Union of this Agreement, will receive a one-time, non-pensionable, $1,000 retention bonus within 3 pay periods from the date of ratification or the first full pay period following approval by the Board of Supervisors, whichever is later. All regular hire employees who are on the books July 1, 2023, will receive a one-time, non-pensionable, $1,000 retention bonus in the first paycheck in August 2023, in recognition of years of service to the County. Part time employees shall receive a prorated amount based on their FTE.

Hard to Fill Bonus: When a position is deemed “hard to fill”, as determined by Human Resources, after notification to the Union, new employees hired after July 1, 2022, shall be eligible for up to a $2,500-$10,000 signing bonus. “Hard to fill” generally means an approved open recruitment has been unfilled for six (6) months, or the approved recruitment needed to re-open more than once because the County was unable to hire a candidate for the opening, or the County can show a difficulty retaining employees in the classification, or other similar agencies are offering a signing bonus for the classification. The signing bonus shall be split, and the new employee shall receive 50% of the signing bonus in the first paycheck and 50% of the bonus after successful completion of the probationary period. In any case, if the employee does not complete the first full year of employment, the employee shall reimburse the County for the signing bonus received.

CHAPTER III: FRINGE BENEFIT

Article 3.1 Medical, Dental, Vision, Life, Retirement Benefits

The County provides a fringe benefits package described below. Unless expressly stated, all benefits listed in this article are prorated based upon the employee’s regular hire FTE. Hours worked as a contingent hire (i.e., Extra Hire) employee, and/or hours worked in excess of a part-time regular hire FTE, and/or overtime hours do not count toward the accrual of benefits.

3.1.1 Fringe Benefits

The following bi-weekly fringe benefit contributions shall be made by the County in calendar year 2022:

Employee Only

Employee +1 Dependent

Employee + Family

Bi-weekly Fringe –

Under 75k*

$514.60

$690.56

$934.53

Bi-weekly Fringe –

Over 75k*

$514.60

$677.66

$908.74

*Annual salary threshold to determine the County’s fringe benefit contributions shall be under/over $77,000 for calendar year 2023 and under/over $79,000 for 2024 and under/over $85,000 for 2025.

Effective in December 2022, in the pay period in which there will be an increase in health insurance premiums, the County will increase the bi-weekly fringe benefit package by the same dollar amount as the Kaiser Silver Plan increase, from zero percent (0%) to six percent (6%) based upon the premium increase to the Kaiser Silver plan for all benefited employees at the employee plus one (1) and employee plus two (2) benefit levels.

Effective in December 2023 and December 2024, in the pay period in which there will be an increase in health insurance premiums, the County will increase the bi-weekly fringe benefit package by the same dollar amount as the Kaiser Silver Plan increase, from zero percent (0%) to five percent (5%) based upon the premium increase to the Kaiser Silver plan for all benefited employees at the employee plus one (1) and employee plus two (2) benefit levels.

Any employee enrolling in County medical coverage is eligible to receive up to $100.00 cash back of any remaining unused amount of their bi-weekly fringe benefit package, provided that they were hired before July 1, 2018, and they received cash back as of July 1, 2018.

Adjustment to County Fringe Contribution at the Employee-Only Enrollment Level in Plan Years 2023, 2024 and 2025: If the biweekly premium at the Kaiser Silver employee-only level in plan years 2023, 2024 and/or 2025 exceeds the County’s biweekly fringe contribution at the employee-only level (i.e., $514.50 biweekly), the County will increase its biweekly fringe contribution at the employee-only level to an amount equal to 100% of the biweekly premiums for employee-only enrollment in Kaiser Silver and mandated employee only dental, vision and basic life insurance, for all represented employees who enroll in employee-only medical plans.

3.1.2 Part Time Employees

Part time regular hire employees, who are normally assigned to work half-time or more in a pay period, shall be entitled to all benefits provided in this MOU on a pro rata basis.

3.1.3 Employees Excluded

All regular hire employees, normally assigned to work less than a half of a pay period, will be ineligible for County medical, dental, vision, long-term disability and life insurance coverage and/or any other option contained in this Article.

3.1.4 Waiver of Participation

During open enrollment or within 30 days of a qualifying event, any employee covered by this agreement may make written application to the Human Resources Director for waiver of required participation in one or more insurance programs, except Dental Insurance, Vision Insurance, and Basic Life Insurance, if said employee provides acceptable proof of equivalent coverage in a group plan through other sources.

An employee who waives participation under this section shall use the fringe benefit package to pay for mandated benefits and may receive up to one hundred dollars ($100) cash back per pay period.

3.1.5 Flexible Spending Account (FSA)

Members of the Association may participate in the Counties flexible spending accounts including:

DCAP-Dependent Care Assistance Program
Health Flexible Spending Account

3.1.6 Teamsters Local Union 856, Health and Welfare Trust

For the term of July 29, 2022 through June 30, 2025 Agreement, the County of Marin (“County”) agrees to participate in the Teamsters Local Union No. 856 Health and Welfare Trust (“Teamsters Trust”) for the sole purpose of offering to its employees the Teamsters Trust’s Anthem Preferred Provider Organization plan (“Anthem PPO” or “Teamsters Plan”).

3.1.7 Retirement Contribution

An employee’s date of membership in the Marin County Employees’ Retirement Association (“MCERA”) will determine the appropriate pension tier and the calculation of retirement allowance.

3.1.8. Single and Double Supplemental Life Insurance

Employees may enroll in single or double supplemental life insurance, and may use County fringe contributions towards this enrollment, where available. IRS rules governing imputed income will apply.

3.1.9. Long Term Disability

Employees may enroll in long-term disability insurance and may use County fringe contributions to pay for this benefit, where available.

In September 2022, Teamsters and the County shall meet and confer regarding health, dental, and vision plans as part of a health care committee. Neither party shall be permitted to impose any plan, any increase and/or decrease in employee cost toward fringe benefits, nor impose any increase and/or decrease to any benefit conferred on employees pursuant to this Agreement as part of these discussions.

CHAPTER III. FRINGE BENEFIT

ADD New Section: 3.5.1 Disaster Leave

The County will approve up to three (3) working days paid administrative leave in any twelve (12) month period when the employee’s primary residence located in California is rendered uninhabitable due to fire, flood, or earthquake. Requests must be approved by the CAO. Documentation must be provided within a reasonable period of time. If adequate documentation is not provided, leave will be charged against any of the employee’s other paid time accruals.

Section 1.3.1: No Strikes and Lockouts

During the term of this agreement, County agrees that it will not lock out employees, and, the Union, despite any sanctions or instructions by their international union or Central Labor Council, agrees that they will not engage in, encourage or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agreement. Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing, with County, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedures.

Any strike, slowdown, sick out, work to rule or other work stoppage growing out of any dispute relating to the terms of this agreement shall cause the County to immediately suspend dues deductions. The bi-weekly amount that would have usually been deducted from employees’ pay during the biweekly pay period shall not be deducted if any work stoppage as defined above occurs at any time during the pay period.

SIDE LETTER AGREEMENT
COUNTY OF MARIN & TEAMSTERS 856 (DDA UNIT)

Market Equity/Salary Survey Committee Side Letter

MARKET EQUITY ISSUES
In the event that Teamsters Local 856 (Union) believes a recruitment and/or retention issue may exist for a particular classification as a result of external market salary issues, the Union has the right to request a meeting with Human Resources to discuss these concerns. This meeting will commence within 14 days of the request unless otherwise agreed. At this meeting, the Union must present data to support that recruitment and/or retention issues exist. Human Resources in collaboration with the Union will consider the information presented by the Union and will evaluate other relevant labor market data before issuing its findings. If the compensation review results in a consensus that an equity adjustment is warranted, Human Resources may submit the findings to the County Administrator. The County Administrator, at their sole discretion, will determine if financial resources are available to provide the adjustment prior to the recommendation being forwarded to the Board of Supervisors for approval.
SALARY SURVEY COMMITTEE
The parties agree to participate in a Salary Survey Committee during the term of this Agreement. (2022-2025). The Salary Survey Committee shall meet no more than three (3) times per year, unless additional meetings are mutually agreed upon. The parties shall endeavor to create a mutual understanding regarding the comparator agencies the County will use to conduct its salary survey for the subsequent successor Agreement.

In order to facilitate such understanding, the County and the Union agree:

To review the comparable jurisdictions in the DDA defined labor market and to consider whether modifications to said market are appropriate.
To review the comparable classes and/or benchmark to be used in the salary survey for the subsequent successor Agreement in advance of survey compilation.
To review minimum qualifications as necessary.
To keep joint minutes of all meetings. Responsibility for minutes shall alternate between the County and the Union.

The Salary Survey Committee shall be composed of six (6) members consisting of three (3) members of the Union and three (3) members of the Human Resources Department or designees. The parties may mutually agree to bring additional subject matter experts on an as needed basis.

Article 3.2 Vacation

3.2.6 Limits on Accrual of Vacation Leave

Employees will not accumulate any further vacation leave if their unused vacation leave reaches 360 hours. In unusual cases, to avoid impairment of County services, the County Administrator may approve the accumulation of unused vacation hours in excess of the maximum unused hours.

During a declared disaster and/or emergency, Teamsters and the County shall meet and confer (over impacts) within five (5) business days to discuss whether the accumulation cap should be temporarily suspended.

DELETE Article 1.2, Section 1.2.3

CHAPTER VI: UNION RIGHTS

Article 6.2 Notice and Dues Deduction

6.2.1 Notice to Employees / New Employee Orientation
Move existing language from Article 1.2.3 to 6.2.1 and delete Article 1.2.3

The County shall provide the Union written notice of County-wide new employee orientations, whether in person or online, at least ten (10) business days prior to the orientation. The notice shall include time, date, and location of the orientation. Representatives of the Union shall be permitted to meet with new hire employees for up to thirty (30) minutes during a portion of the orientation for which attendance is mandatory. No representative of the bargaining unit’s management shall be present during the Union’s presentation. The Union shall provide the County at least five (5) business days prior to the orientation any materials it would like the County to distribute to new employees at the orientation. The County shall distribute such materials to employees at the orientation. If the Union staff are unavailable, to attend the orientation, the County shall grant release time for one (1) union steward to attend the orientation, provided at least 48-hours’ notice has been given to the steward’s supervisor. Said release shall be granted, subject to the supervisor’s judgement as to the maintenance of minimum work forces at all time, peak workload coverage and/or general departmental and public convenience.

6.2.2 Dues Deduction

The parties agree that upon written consent of the employee involved or upon certification of the Union that it has and will maintain employee’s written authorization for the deduction of Union membership dues and initiation fees, the County shall deduct the appropriate dues and initiation fees as established (and as may be changed from time to time) by the Union from the salaries of its members. The sums so withheld shall be remitted by the County, without delay, along with a list of employees who have had said dues deducted. Such dues deductions shall continue so long as the Union remains the exclusive representative of these bargaining units or unless discontinued or modified in accordance with the process outlined below.

6.2.3 Revocation

Employee requests to cancel or change such deductions must be directed to the Union. rather than to the County. The County will direct to the union any employee who desires to revoke their authorization for Union membership. Deductions will continue unless the employee mails a written revocation to the Union in accordance with the Teamsters membership card/authorization form, or, for employees whose membership card/authorization form does not provide terms of revocation, by mailing a written revocation to the Union that is postmarked during the 30-day period immediately prior to the annual anniversary of the date on which the employee signed an authorization form. It is understood that if an employee does not revoke their authorization for Union membership in accordance with the above, dues shall continue to be deducted from the employee’s earnings.

6.2.4 Indemnification

The Union shall indemnify, hold harmless, and defend the County, its officers and employees against any and all claims, demands, suits or any other action, including but not limited to any civil or administrative action, and expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the County’s compliance with this section. The Union shall be responsible for the defense of any claim within this provision, subject to the following: (i) the County shall promptly give written notice of any claim, demand, suit or other action for which the County is seeking defense and/or indemnification to the Union, (ii) the County shall provide assistance reasonably requested for the defense of the claim; and (iii) the Union has the exclusive right to appoint and direct counsel, control the defense or settlement of the claim/action or proceeding and determine whether any such action or proceeding shall or shall not be tried and/or appealed; provided, however, that the County shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense; and provided further that the Union may not settle or otherwise resolve any claim or action in a way that obligates the County in any manner, including but not limited to paying any amounts in settlement, taking or omitting to take any actions, agreeing to any policy change on the part of the County, or agreeing to any injunctive relief or consent decree being entered against the County, without the consent of the County. This duty to indemnify, hold harmless, and defend shall not apply to actions related to compliance with this section brought by the Union against the County. In no event shall the County be required to pay from its own funds Union dues or fees which the employee was obligated to pay, but failed to pay, regardless of the reason.

CHAPTER VI: UNION RIGHTS/SECURITY

Article 6.3 Fair Share/Agency Shop

DELETE Article 6.3 Fair Share/Agency Shop

Rename and renumber Article 6.4 Notification to 6.3 Personnel Listing

Article 6.3 Personnel Listing

On a monthly basis, the County shall provide the union with an electronic copy of each regular personnel listing which contains the names of all employees in the bargaining unit, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, home address, dates of employment, classification, rates of pay, and terminations. This personnel listing shall be sent via email to the Teamsters 856 Membership Coordinator.

CHAPTER VIII. SETTLEMENT INTENT

In the event that County of Marin reaches a tentative agreement with another labor organization whose contract expires June 2022 or with MAPE if they agree to a contract extension in 2022, and the County provides that union a negotiated General Cost of Living Salary increases (not including class specific equity adjustments) and/or any additional non-unit specific one-time payments, which are cumulatively greater than those to which the parties have agreed herein, the County agrees to provide the higher COLA* or one-time payment to Teamsters DAs, unless the negotiated salary increase is part of a package proposal. In such an event, Teamsters DAs can vote to accept the package or refuse the package but cannot receive the increase without the corresponding concession. *COLA increase received by the other bargaining units in 2021 will be included in the analysis of whether a unit has received a higher cumulative COLA. In keeping with the goal of establishing parity in the County among the attorney classes (I, II, III, IV) if salaries of comparable attorney classes at the County (Public Defender and/or County Counsel) are increased more than the negotiated increases herein during the term of this Agreement (2022-2025), the Deputy District Attorneys will be increased accordingly.

In the event that County of Marin reaches a tentative agreement with another labor organization whose contract expires in June 2022 or with MAPE if they agree to a contract extension in 2022, and the County provides an increase to the fringe benefit package that is greater than the fringe benefit changes to which the parties have agreed herein, Teamsters DAs may elect to substitute the higher Fringe Benefit Package for the fiscal years of the Agreement, unless the negotiated fringe benefit increase is part of a package proposal. In such an event, Teamsters DAs can vote to accept the package or refuse the package but cannot receive the increase without the corresponding concession.

Article 3.3 Holidays

3.3.1 Recognized Holidays

The following holidays are observed by the County. All regular, probationary, and provisional employees are entitled to the following holidays with pay.

The first day in January
The third Monday in January
The third Monday in February
The thirty-first day of March
The last Monday in May
The nineteenth day of June
The fourth day of July
The first Monday in September
Veteran's Day as designated by federal law
Thanksgiving Day
The Friday immediately following Thanksgiving Day
December 25

To be eligible for the holiday pay, employees must be in paid status on both the day before and the day after the holiday.