TENTATIVE AGREEMENT between the County of Marin and Teamsters Local 856 Probation Workers - October 5, 2022

Section XX.  Term

This Agreement shall be in effect from July 1, 2022, to and through June 30, 2025. It shall continue in effect thereafter from year to year unless either party gives one hundred twenty (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 IV.  Salaries

A. General Salary Adjustments. 

Year 1: Effective the first full pay period in July 2022, or in the first full pay period following ratification and approval, whichever is later, the rate of pay for all classes and employees shall be increased by three and one-half percent (3.5%). 

Year 2: Effective the first pay period in July 2023, the rate of pay for all classes and employees shall be increased by three percent (3.0%). 

Year 3: Effective the first pay period in July 2024, the rate of pay for all classes and employees shall be increased by three percent (3.0%). 


Job Class Rate of Pay Increase DPOI/DPOI-Bilingual 9.40% DPOII/DPOII Bilingual 0.25% Senior DPO/Senior DPO-Bilingual 5.00% JCO I/JCOI-Bilingual 7.90% JCOIII/JCOIII-Bilingual 0.50%

Retention Bonus:  In recognition of years of service to the County, all regular hire employees on the books upon ratification 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 on July 1, 2023, will receive a one-time $1,000 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 $2500-$10000 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. 

E. Maximum Salary upon Promotion

An employee who is promoted to a classification having a greater maximum salary than the employee’s former position shall receive the minimum salary for the higher classification or one (1) step, approximately five percent (5%), above the employee’s former salary, whichever is greater, provided the salary is within the salary range for the higher classification.

Employees in the Bilingual DPO II classification who are promoted to a monolingual position in the Senior DPO classification and are eligible to receive a bilingual differential in the new classification, shall receive a minimum of a five percent (5%) increase, inclusive of the bilingual differential in the Senior DPO class, above the employee’s base salary in the Bilingual DPO II classification. After the promotion, the employee will be Y-rated until the classification pay rate catches up to the employee’s salary.

Section VI.  Fringe Benefits

C. Insurance and Retirement Contributions.

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. 

Biweekly Fringe Benefits 

Regular hire employees enrolled in a County medical plan receive bi-weekly fringe benefit payments in calendar year 2022 as follows:

  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 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 to six percent (0-6%) based upon the Kaiser Silver plan  for all benefited employees at the employee plus one (1) and employee plus family benefit levels.

Effective 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 to five percent (0-5%) based upon the Kaiser Silver plan  for all benefited employees at the employee plus one (1) and employee plus family benefit levels.

An employee who is enrolled in County health benefits and receives cash back of any remaining unused fringe, shall only receive up to a maximum of fifty ($50) dollars per pay period, 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. 

  1. The County shall apply the contribution toward the employee’s health, dental, basic life, supplemental life, and long-term disability insurance programs in which the employee is enrolled. 
  2. Regular, part-time employees who work at least half-time will receive a pro rata share of the County’s biweekly contribution toward employee’s insurance premiums.
  3. 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 a County medical plan 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. 
  4. The County and the Union agree that the agreed-upon changes in medical, dental, life insurance, retirement, and supplemental benefits resolve any question of fair distribution of benefits between employees of different benefit levels and coverage and that this package represents a sound contribution to the fringe-benefit coverage of all County employees represented by the bargaining units party to this Agreement.
  5. Should the Congress or the state pass legislation enacting health-care reform, the County and the Union agree to meet and confer in regard to the provisions of this Agreement affecting medical benefits.
  6. Employees will be eligible to participate in an enhanced long-term disability program providing benefits of sixty-six percent (66%) of salary up to a monthly maximum of two thousand five hundred dollars ($2,500) with the premiums to be paid by the employee.
  7. The Vision Service Plan(VSP) is a mandatory benefit for employees (optional for dependents).
  8. Employees will be eligible to enroll in the County’s Dependent Care Assistance Program (DCAP), Long-Term Care Insurance (at the employee’s own cost), and (MRA) a flexible spending account (FSA).
  9. Members shall be eligible to participate in the County's Catastrophic Leave Donation Program.
  10. 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.

I. Teamsters Local Union 856, Health and Welfare Trust

For the term of the July 15, 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”).  

In January 2023, 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.

Section XVIII.  Strikes And Lockouts

  1. 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.
  2. Each party consents to and waives any defenses against an injunctive action by the other party to restrain any violation of this section.
  3. 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 and agency-shop/fair-share deductions.  The biweekly amount that would usually have 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.

Section XIX. Contracting Work

Any work performed by Deputy Probation Officers, currently represented by Teamsters Local 856, that is mandated or within the class specifications, shall not be contracted out during the lifetime of this contract.

The parties agree to meet and confer, as required by law, before changing the service model at juvenile hall.  Any modification to the service model will conform to all applicable State and Federal regulations and the County intends to promote a youth continuum of services that are trauma responsive and culturally informed.

Any working group established by the County of Marin as part of exploring Juvenile Justice reform measures will include one seat for a representative from Teamsters, Local 856 and one seat for a working non-management current and/or former JCO in the bargaining unit.

Multiple efforts will be made to avoid the need for reductions in force including, but not limited to: 

  1. Transfer and Promotional Opportunities - JCO to DPO, promotional pathways for those meeting the minimum qualifications.  
  2. Reassignment to new and existing juvenile programs which will be developed in conjunction with the Juvenile Hall transition, including but not limited to:
  • Booking/Transportation/Visitation/Court Appearances
  • Evening Reporting Center (ERC)
  • Supervision of youth activities beyond the facility
  • Supervision of weekend diversion program 
  • Home Supervision/Electronic Monitoring
  • Pre-trial 

Remove Side Letter Agreement on JCO Career Development Training

Section VI.  Fringe Benefits

ADD New Section:  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 III.  Administration 

ADD Section D. 

D. USE OF BULLETIN BOARDS. Authorized representatives of Union shall be allowed to post Union notices on designated bulletin boards maintained on County premises.

Section VI.  Fringe Benefits 

A. Vacations 

5. Unused Vacation Time 

Vacation shall be capped for all employees in the unit at 360 work 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.  

Section IV.  Salaries

F. Overtime.

  1. Overtime shall be defined as time actually worked:
    1. Beyond forty (40) hours in a workweek (except for 9/80 or other agreed-upon, established work schedules); 
    2. On holidays other than Saturday or Sunday.
    3. For the purpose of calculating overtime eligibility, legal holidays shall be considered time worked. In addition, employees who work alternative work schedules and use paid time off (e.g., vacation, floating holiday, holiday in-lieu, compensatory time) to supplement legal holidays shall have such paid time off hours considered time worked.

H. Standby

  1. Employees assigned to standby status by written order of the department head or designee, shall be paid one and a half (1.5) hours compensation at the employee’s hourly salary for every eight (8) hour period or fraction thereof, that they are assigned to standby status and not called back to work. Standby status shall be defined as any status which requires the employee to restrict their activities and/or location in some way such as remaining within so many miles, not drinking alcoholic beverages, staying by a phone, calling in periodically etc. When this response requires that an employee physically return to work, the employee will stop receiving standby pay and begin receiving call back pay pursuant to sub-section “2” below. No employee shall be compensated for standby duty and call back work simultaneously.

I. Call Back

  1. Call back for Deputy Probation Officers: A Deputy Probation Officer that has departed from a work location and is called back to a physical work location, shall receive a minimum of four (4) hours at their applicable rate of pay, unless the work immediately precedes their regular shift. The call-back rate of pay for non-exempt classifications, shall be time and a half of the regular rate of pay, if the employee is otherwise eligible to receive overtime based on a 37.5- or 40-hour workweek (as specified in Section IV.(F)1(a)). Time spent by the employee on the phone responding to questions or issues in the workplace will be compensated for at the applicable rate of pay, but such time is not considered call back and is not subject to the minimums provided above. The employee’s workday shall not be adjusted solely to avoid the payment of this minimum.
  2. Call Back for Juvenile Corrections Officers: If a Juvenile Corrections Officer has departed from the work location and is called back to work a shift that was not pre-assigned, the Juvenile Corrections Officer shall receive overtime compensation for each hour worked.

J. Training Differential.

Deputy Probation Officers or Juvenile Corrections Officers designated by the Hiring Authority to provide training within the Probation department shall receive a five percent (5%) pay differential for each whole hour the employee provides training within the department.  The designation of employees as a trainer is not grievable.


Section TBD: Temporary Promotion

In cases of prolonged absence from duty, vacancy of an approved position, or other emergencies, the appointing authority (e.g., the hiring manager with approval from the Department Head) with the consent of the Director of Human Resources or designee may, in writing, temporarily promote a regular employee when such employee is regularly required to substantially perform the full duties of a budgeted position within a higher classification for a period in excess of ten (10) days. Departments need to submit request(s) for temporary promotions to the Department of Human Resources prior to an employee assuming any new duties of the higher classification.  If it is determined that the employee was eligible for a temporary promotion AND the department had the employee begin to perform the higher-level duties AND the department failed to timely submit the request to Human Resources, that failure alone is grievable.

The process shall include notification to employees of the temporary promotion opportunity for at least five (5) calendar days, and if a meeting by the hiring authority and/or designee is required, then there shall be no more than one meeting per interested employee.

In such cases, the employee shall be paid for all hours in paid status at the rate on the salary range of the higher classification that is closest to, but not less than five percent (5%) above their base hourly rate in the classification in which they hold regular status at the time they are temporarily promoted. All increases shall be rounded to the nearest whole percentage using regular rounding rules, provided that in no event shall an employee in a temporary promotion receive less than 5% above their present base salary nor more than the top step of the higher classification into which the employee is temporarily promoted. (For example, if Step 3 of the class into which the employee is temporarily promoted is 4.6% above the current base hourly rate, the employee will be placed on Step 4 of the scale and then the rounding will occur). If the full-time status of the classification into which the employee temporarily promotes is different from the classification in which he/she holds regular status (e.g., an employee in a classification that is 37.5 hours full time per week temporarily promotes to a classification that is 40 hours per week full time, or vice versa), the employee will continue to work the scheduled hours of his/her regular hire classification. An employee’s eligibility for overtime and leave accrual shall be pursuant to his/her regular classification.

An employee must meet the minimum qualifications for the job class to which they are being temporarily promoted and must have completed the first six (6) months of their initial probationary period with the County. The appointing authority will consider all interested and eligible employees. The selection decision rests with the appointing authority. The request for temporary promotion must be submitted to Human Resources by the appointing authority in writing and should include the justification for the temporary promotion along with the required documentation.  Approval of temporary promotions shall not be unreasonably denied. Temporary promotions shall not exceed one (1) year. Beyond the first year of a temporary promotion, an extension of an additional six months may be granted. Any additional extensions beyond 18 months may only be granted after consultation with Teamsters-Probation representatives. Management will be required to provide a justification for the extension. An example of an appropriate justification could be an accommodation related to injury or illness. The granting and/or discontinuance of a temporary promotion shall not be subject to the grievance procedure. Otherwise, PMR 41.3 shall govern temporary promotion.

Pay will be effective as of the start date of the assignment.

Emergency Management Assignments Subsection:
The parties agree to meet and confer by January 1, 2023, in order to determine a process to evaluate DSW assignments and backfilling regular positions during times of declared disasters and/or emergencies in order to utilize the Temporary Promotion language to the fullest extent possible.

Section TBD: Temporary Special Assignment Pay

Temporary special assignment (TSAP) is defined as a practice where, as directed by an appointing authority, at least 25% of an employee’s work time requires the performance of higher-level duties outside of their regularly assigned classification that significantly changes the nature of their work. It is not the intent of the County to use Temporary Special Assignment Pay in place of Temporary Promotion.

Temporary special assignments must be a minimum of ten (10) working days and shall not exceed six (6) calendar months. In the event of unusual circumstances, a department head may request extensions in up to six (6) month increments from the Director of Human Resources after consultation with Teamsters Probation. Temporary special assignments will be effective no earlier than the start of the pay period in which the application was received. 

An employee shall be paid an additional five percent (5%) of his or her present salary on hours worked. Temporary special assignment pay shall not be provided in addition to temporary promotion pay.

The request for temporary special assignment pay may only be initiated by the appointing authority by submitting the request for temporary special assignment pay to Human Resources in writing. The request should include a description of the additional duties assigned that are not represented in the employee’s regularly assigned classification and the expected duration of the assignment. Any conflicts concerning the application of this policy shall be decided by the County Administrator, whose decision shall be final.  The granting and/or discontinuance of temporary special assignment pay shall not be subject to the grievance procedure.

Emergency Management Assignments Subsection:
The parties agree to meet and confer by January 1, 2023, in order to determine a process to evaluate DSW assignments that should be filled by TSAP assignments during times of declared disasters and/or emergencies with the understanding that Temporary Special Assignment Pay should be utilized to the fullest extent possible, including backfilling of positions whose incumbents are Temporarily Promoted.

Section XV. Union Security

A. 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.

B. 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.

C. 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.

Section VI.  Fringe Benefits

B. Holidays

  1. Regular Holidays
    1. Regular employees shall be entitled to the following holidayswith pay:  the first (1st) day of January, Martin Luther King, Jr.'s Birthday, the third (3rd) Monday in February, Cesar Chavez Day (March 31), the last Monday in May, Juneteenth (June 19), the fourth (4th) day of July, the first (1st) Monday in September; Veterans' Day, Thanksgiving Day, the Friday immediately following Thanksgiving Day, December 25, and every day appointed by the President of the United States or the Governor of the State of California for a public fast, thanksgiving or holiday and approved by the Board of Supervisors.
    2. When a holiday falls on a Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.  For an employee who does not work a Monday-through-Friday schedule, the day immediately following the employee's two (2) days off shall be deemed to be a holiday in lieu of the day observed. 
    3. To be eligible for the holiday pay, employees must be in paid status on both the day before and the day after the holiday.

Section VI. Fringe Benefits

C. Insurance and Retirement Contributions.

3. Retirement

  1. Safety Retirement
  2. Cost neutrality to the County as provided below; and

    Employees with safety retirement will pay a three-percent (3.0%) pretax safety-retirement offset on an ongoing basis.*

    *This offset payment is consistent with other County safety bargaining agreements, as the enhancement contribution (3%) represents 50% of the normal cost as determined in the 2001 actuarial report. 

    In the 2022-2025 cycle of bargaining, the parties agreed to buy down this contribution from 4.5% to 3.0% using funds the County had allocated to equity.

  3. County Contribution to Safety
  4. Effective the first pay period in July 2018 or the first full period following ratification and approval, whichever is later, the County will eliminate its remaining Employer Paid Member Contribution (EPMC) of .63% of an employee’s biweekly salary toward the employee’s retirement contribution.

  5. No later than January 1, 2025, the parties shall meet regarding the subject of the existing cost sharing arrangement.

Section IV. Salaries

Add new Section:  J. Bilingual Skills Pay

J. Bilingual Skills Pay

Effective the second full pay period following ratification by the Union and approval by the Board of Supervisors, all employees who are: 1) in a non-bilingual classification for which there is a bilingual analog; and 2) receiving the 5% bilingual differential as of the date of ratification by the Union, will be reclassified into the bilingual classification, if they have demonstrated proficiency, by being tested and certified as determined by the Human Resources.  (This reclassification of employees may result in a change of assignment or be subject to a reallocation of caseloads.)  The employees to be reclassified are listed in Attachment A.  

The bilingual classifications are not intended for minor or incidental use of a second language but rather where the bilingual skills are used on a regular basis during the course of a workday to provide necessary County services, as determined within the sole discretion of the County. Employees in monolingual classes who have been certified bilingual may be eligible to receive a bilingual differential for temporary bilingual needs; e.g., to cover in the absence of an employee in a bilingual classification. 

Upon change in assignment or classification such that the bilingual skills are no longer needed on a regular basis, the employee will be reclassified to a monolingual position, after due process as required by the law and the PMRs.  

Prospectively, after the initial reclassification of current, eligible employees, the Department Head will assess bilingual needs and staffing levels when bilingual classifications become vacant.


Bilingual Staff

Position # Classification Employee Name























































New Hire Starting 8/22/2022




(Eligible for reclassification upon demonstrated proficiency, by being tested and certified as determined by the Human Resources)

Not Certified But High Competence




(Eligible for reclassification upon demonstrated proficiency, by being tested and certified as determined by the Human Resources)