1.1 This Agreement is made and entered into by and between the Superior Court of Imperial County, hereinafter referred to as the Court, and the IBEW Local 465 (Court Supervisors) Bargaining Unit, hereinafter referred to as IBEW.

1.2 The parties hereto have met and conferred in a good faith endeavor to reach an agreement on matters which are within the scope of representation, pursuant to the provisions of the Trial Court Employment Protection and Governance Act (Government Code sections 71600 et seq.); and the parties have agreed to enter into a Memorandum of Understanding (hereinafter "MOU” or “Agreement”) as provided for by Government Code section 71634.3 of said Act; NOW THEREFORE,

1.3 Term

This Agreement shall be in full force and effect from November 1, 2007 through and including October 31, 2010.

ARTICLE 2 COVERED EMPLOYEES

2.1 Covered Employee: The classifications listed below are covered by the provisions of this Agreement:

Accounting Supervisor

Court Supervisors

2.2 IBEW is the sole and exclusive bargaining representative for the classifications in the supervisors bargaining unit. These classifications shall include regular part-time and regular full-time employees and shall exclude extra-help, seasonal, special assignment, limited term, substitute, and temporary employees.

2.3 IBEW has the right to represent employees as specified by state law and pursuant to the Court’s Employer-Employee Labor Relations Rules. IBEW will notify the Court Executive Officer of its elected officers and directors as well as its staff employees.

ARTICLE 3 RECOGNITION AND STATUS OF AGREEMENT

3.1 The Court recognizes IBEW as the exclusive bargaining representative with respect to all matters within the scope of representation, as defined in Government Code section 71634, for all classifications in the bargaining unit.

3.2 The Court agrees that no employee hereunder will be unlawfully coerced or discriminated against by the Court, its representatives or agents, because of membership in or lawful activity on behalf of the IBEW.

3.3 Any decisions or agreements relating to matters within the scope of representation, or to the interpretation or application of this Memorandum of Understanding, made jointly between the Court and the IBEW, and in writing, shall be binding on every individual claiming or entitled to the benefits of this Agreement.

3.4 The designation of management and confidential employees, and the classification of employees and positions covered by this Agreement, shall be determined by the Court pursuant to the Court’s Employer-Employee Labor Relations Rules. The Court shall notify the IBEW of any proposed designations or significant changes in classification affecting the terms and conditions of employment of unit employees.

3.5 Where such intent is clearly indicated by the language of this Agreement, the expressed and specific provisions of this Agreement shall prevail over conflicting practices or policies.

3.6 If any provision of this Agreement is held to be contrary to law by a court or tribunal of competent jurisdiction or by mutual agreement of the parties, that provision shall be deemed invalid, but all other provisions shall continue in full force and effect. In such an event, and upon the request of either party to this Agreement, the parties shall meet and confer within thirty (30) days for the purpose of attempting to arrive at a mutually satisfactory replacement for such provision or of clarifying the operation of the existing subsections still valid.

ARTICLE 4 IBEW RIGHTS

4.1 Official Representatives for Meet and Confer

Meeting and conferring between the Court and IBEW shall occur during regular Court business hours and, at other times, by mutual agreement. The parties will cooperate in scheduling sessions. No more than two (2) unit members may receive paid release time for meeting and conferring with Court representatives. IBEW may also have a representative at the sessions. IBEW shall notify the Court Executive Officer in writing no later than May 1st of the names of its unit members and shall specify in the notice which unit members will be given paid release time. IBEW will notify the Court Executive Officer in writing of any substitutions of team members at least three (3) business days before each session, except in the case of an emergency.

ARTICLE 5 MANAGEMENT RIGHTS

The exercise by the Court of the rights enumerated below shall not in any way directly or indirectly be subject to the grievance procedure set forth herein.

Except as expressly modified or restricted by a specific provision of this Agreement, all managerial rights are retained and vested exclusively in the Court, including but not limited to the rights: to hire, terminate, discipline, promote, transfer, layoff, and recall employees; to determine the numbers of employees to be employed and their qualifications; to assign and direct work; to determine the personnel, methods, means and facilities by which operations are conducted; to maintain the efficiency of operations; to coordinate, consolidate and merge the Court and support staff; to decide issues relating to automation including, but not limited to, fax filing, electronic recording and implementation of information systems; to design, construct and locate Court facilities; to deliver Court services; and to establish the hours of operations of the Court.

The Court recognizes that, notwithstanding its right to make certain decisions regarding Court operations as set forth above, Government Code section 71634(c) may require it to bargain over the impact of the decision upon the bargaining unit members.

ARTICLE 6 WORK WEEK

6.1 Compensation for Court employees in the IBEW is predicated upon the performance of forty (40) hours of work during the “work week.”

6.2 Generally, all employees are entitled to two 15 minute rest periods for each eight (8) hours worked. This 15-minute period is calculated from the time the employee leaves his or her workstation until he or she returns.

6.3 Unused rest periods shall not accumulate.

6.4 Emergency work situations take precedence over rest periods.

6.5 Longer lunch periods shall not be taken in lieu of rest periods, nor may the workday be shortened in lieu of rest periods.

ARTICLE 7 COMPENSATION AND OVERTIME

7.1 Compensation

Effective April 1, 2007: Implementation of equity adjustments to move employees into the new pay rates and steps (as set forth in Attachment A).

Effective the closest pay period following November 1, 2007: Two percent (2.0%) increase to base salary.

Effective the closest pay period following November 1, 2008: Two percent (2.0%) increase to base salary.

Effective the closest pay period following July 1, 2010: Three percent (3.0%) increase to base salary.

Employee’s must be on paid status in order to be eligible for the increase. If an employee’s salary is above the salary range, they are eligible to receive an increase however that increase may not exceed the top step of the salary range.

7.2 Overtime

No employee shall be allowed to work overtime without the express prior approval of the Court Executive Officer or designee. Employees who work in excess of forty (40) hours in any week will receive overtime pay at the rate of time and one-half for hours worked in excess of 40 hours per week. All hours worked beyond the normal work day shall be reported on the payroll timesheet covering the period in which such time was worked, even where the total number of hours shown for the work week does not exceed forty (40) hours.

Except in cases of emergency, employees will be given as much notice as is reasonable under the circumstances when directing an employee to perform overtime.

7.3 Increase Within Range

Every employee occupying a regular position shall have an anniversary date which shall be his or her annual salary increase eligibility date. Prior to an employee's anniversary date and until the employee reaches his/her maximum salary step of the appropriate range, the employee’s supervisor shall advise the Court Executive Officer or designee in writing on the appropriate form whether he/she wishes to grant or deny the salary increase, supplementing his/her recommendation by a performance rating indicating satisfactory or unsatisfactory work performance, which has been discussed with the employee. If work performance has been satisfactory, the recommendation shall be to grant the increase. Anniversary step increases shall become effective on the date on which the anniversary date falls. Provided, however, that the employee’s supervisor may recommend that the employee be advanced to the next higher step of the salary range at the beginning of any pay period subsequent to said employee’s anniversary date and in that event a new anniversary date shall be established for purpose of annual salary increases, and that shall be the effective date of eligibility for subsequent step advancements.

ARTICLE 8 VACATION

8.1 Accrual

A. Regular full-time employees and regular part-time employees regularly scheduled to work at least twenty (20) hours per week shall be entitled to accrue paid vacation at the rate of .05769 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period. Eligible employees who have completed fifteen (15) years of service shall be entitled to accrue twenty (20) working days annual vacation. Accrual of twenty (20) working days annual vacation shall be based on .07692 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period.

B. Accrual for all bargaining unit employees hired after the effective date of this MOU (October 21, 2005) shall be as follows: All employees regularly scheduled to work at least twenty (20) hours per week shall, from completion of probation and up to ten years’ employment, be entitled to accrue paid vacation at the rate of .03846 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period (translates to ten (10) days of vacation per year for full time employees). Eligible employees who have completed ten (10) years of service shall be entitled to accrue paid vacation at the rate of .05769 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period (translates to fifteen (15) days of vacation for full time employees). Eligible employees who have completed fifteen (15) years of service shall be entitled to accrue paid vacation at the rate of .07692 of an hour for each hour of paid time up to a maximum of eighty (80) hours per pay period (translates to twenty (20) days of vacation for full time employees).

C. The maximum amount of vacation that can be accrued is 320 hours. Employees who reach this cap will cease accruing vacation until they use vacation time and drop below the cap.

D. All accrual rates are subject to pro-ration for less than full-time status employment.

8.2 Eligibility

No employee shall earn vacation time during the probationary period. Upon the successful completion of probation, full time employees shall receive ten (10) days of vacation time in their vacation banks, prorated for part-time. Approval to take vacation will not be granted until the employee has served at least one (1) year with the Court. All vacation shall be scheduled and taken subject to the approval of the employee's supervisor.

8.3 Buy Back

Provided an employee meets the eligibility requirements as set forth in the vacation buy-back policy, the Court will buy-back up to five days accrued vacation per calendar year, upon the employee’s written request.

8.4 Fraction of Day Use

In any instance involving the use of a fraction of paid vacation, the minimum charge to the employee’s accrued vacation shall be one (1) hour, while additional actual vacation time used over one (1) hour shall be charged to the nearest full hour.

ARTICLE 9 HOLIDAYS

9.1 Holidays

The following are established as holidays by the Judicial Council for all persons covered by this Agreement:

a. January lst

b. The third Monday in January (Martin Luther King, Jr. Day)

c. The third Monday in February (President’s Day)

d. March 31st (Cesar Chavez Day)

e. The last Monday in May (Memorial Day)

f. July 4th

g. The first Monday in September (Labor Day)

h. The second Monday in October (Columbus Day)

i. November 11^th (Veteran's Day)

j. The Thursday in November appointed as Thanksgiving

k. The Friday following Thanksgiving Day

l. December 25th

If any holiday falls on Sunday, the following Monday shall be deemed a holiday in lieu thereof. If any holiday falls on a Saturday, the preceding Friday shall be deemed the holiday in lieu thereof.

If a judicial holiday falls on a Saturday or Sunday, and the Judicial Council designates an alternative day for observance of the holiday, the Court will give that day as a holiday.

9.2 Holiday Pay

Unit members shall receive eight (8) hours of straight time for each holiday only if unit member is on paid status the workday prior and after such holiday.

9.3 Holidays Worked

Employees who are required to work on a holiday shall receive holiday pay plus compensation for such work performed at the employee’s regular rate of pay for all hours worked. No employee shall be allowed to work overtime on a holiday without the express prior approval of the Court Executive Officer or designee.

ARTICLE 10 PAYDAY AND DEDUCTIONS

10.1 Court employees are paid on Friday every two weeks (bi-weekly). The paycheck represents earnings from a previous pay period running from Friday of one week through Thursday two weeks later. Five (5) business days elapse after the end of the pay period before the employee is paid. Accompanying the check will be a statement of earnings, deductions, and accrual of vacation and sick leave benefits. The following deductions may be indicated:

a. Federal income tax

b. State income tax

c. Retirement contributions

d. Group insurance

e. Special deductions for certain personnel

If there has been an error in the paycheck received, or if there are questions concerning the amount of the paycheck, the employee should notify their immediate supervisor.

10.2 Dues Deductions

During the term of this Memorandum of Understanding, the Court shall deduct from the bi-weekly paycheck of each member of IBEW covered under this Memorandum of Understanding, who has signed an appropriate authorization of dues deduction form, membership dues as determined by IBEW in accordance with IBEW’s by-laws and constitution. IBEW shall notify, in writing, Human Resources and/or the Court Financial Officer of the dues amount to be deducted. IBEW shall also give written notice to Human Resources and/or the Court Financial Officer of any change in dues amount at least thirty (30) days prior to the effective date of said change. All amounts deducted by the Court under this article shall be remitted to IBEW. Upon request, the Court shall also furnish to IBEW a list showing the name of each employee whose dues are included in the remittance and the amount thereof. The Court Financial Officer and Court Human Resources Manager shall approve all deduction authorization forms utilized by the Court to deduct membership dues from employees.

ARTICLE 11 SPECIAL PAY PRACTICES

11.1 Mileage

For all employees who are required to use their private vehicle on Court business, the Court shall establish a per mile reimbursement rate that will be equal to the current rate of reimbursement established by the Judicial Council. Reimbursement is subject to terms and conditions of the Court’s Mileage Policy.

11.2 Tuition Reimbursement

Employees may request reimbursement for courses offered through accredited colleges, universities, and technical schools that, in the Court’s opinion, are related to an employee’s current work assignments. Employees may receive reimbursement for no more than three (3) accredited courses per fiscal year and at the rate not to exceed $150.00 for each course for tuition, fees, and textbooks.

The extent of the Court’s participation shall be based on availability of funds, anticipated value of the program to the Court, direct relation of the program to current or anticipated duties and assignments, length and cost of the program, number of court personnel who request attendance, related background of the applicant, recent attendance at similar job-related programs, the extent of employee financial participation, and the employee’s years of service with the Court.

Reimbursement will be provided only to employees who are employed by the Court at the time the Court receives evidence of satisfactory completion of the course.

Any reimbursement will be less other forms of financial aid, including but not limited to, scholarships and grants. Thus, employees are eligible for reimbursement under this Article only for the difference between the tuition costs and registration and the amount received from other sources of financial aid.

ARTICLE 12 COURT TRAINING DAY

Effective February 1, 2009, the following is established as a mandatory Court Training Day for all persons covered by this Agreement.

February 12^th (Lincoln’s Birthday)

If the day observed by the Judicial Council for Lincoln’s Birthday falls on a day other than a week day, the Court required training day will be the observed day of Lincoln’s birthday.

12.1 Represented employees who attend the training day shall receive their regular straight-time rate of pay for all hours spent attending the training day. Employees who attend the training day shall receive a floating holiday. An employee may use the floating holiday with prior approval by their supervisor if they meet the following eligibility requirements. Employee must (1) be a regular full-time or part-time employee and (2) work or be on paid leave status on his/her regular working day immediately before and immediately after the day he/she designates as his/her floating holiday. Floating holiday pay will be paid at the employee’s regular rate of pay. Floating holidays are not counted towards hours worked.

12.2 Floating holiday requests must be submitted to the immediate supervisor at least ten (10) working days prior to the date requested off. Requests submitted less than 10 working days in advance may be approved subject to Court operating needs. Floating holiday requests will be granted on a first come first serve basis, based on staff availability and operational needs.

12.3 If an employee is unable to attend the mandatory training day for any reason, the employee will receive eight (8) hours of straight time for the training day but will not receive the floating holiday for that calendar year.

Any employee claiming to have missed the mandatory training day due to a serious injury or illness or other unforeseen emergency involving him/herself or an “immediate family” member (“immediate family” is used as defined by Article 14) may request in writing an excused absence from the training day. This written request shall be submitted to the employee’s immediate supervisor and accompanied by written verification of the incident asserted by the employee. The Supervisor will forward his/her recommendation to Human Resources. If Human Resources concurs with the supervisor’s recommendation, then the Supervisor’s recommendation shall be implemented. If Human Resources disagrees with the Supervisor’s recommendation or if the Supervisor and Human Resources deny the employee’s request for an excused absence, then the CEO shall have sole discretion to approve or deny the employee’s request for an excused absence. The final decision of the CEO or designee shall not be grievable.

If the employee’s absence from the mandatory training is approved, the employee’s absence shall be deemed excused. If the employee’s absence is not approved, the employee’s absence shall be deemed an unexcused absence for missing the training day.

12.4 An employee who begins employment after training day in any given calendar year will not be eligible for the floating holiday for that calendar year.

12.5 Part-time employees who attend the Court mandated training day will receive prorated floating holiday benefits.

ARTICLE 13 HEALTH INSURANCE

13.1 The agreements in this Article are contingent upon the County and Court maintaining the plans described herein and the County permitting trial court employees to participate in the dental and vision plans.

13.2Any increase in either the Court’s and/or members’ contribution toward full payment of the premium for any of the health plans which is effective on or after the final ratification of this agreement shall be paid automatically by each unit member by payroll deduction from the unit member’s bi-weekly paycheck without further authorization by the unit member unless mutually agreed otherwise in a successor MOU or other mutual agreement between IBEW and the Court, or the unit members timely choose to select another plan option during an open enrollment period established by the County or Court.

13.3 The Court will share 50% of the 2007/2008 health coverage premium increase or decrease, made effective July 1, 2007, which varies depending upon the coverage an employee has selected. The Court will reimburse bargaining unit members for the 2007/2008 employer-portion health premium increase retroactive to July 5, 2007. The Court will share 50% of any increase or decrease in health insurance premiums which may become effective July 1, 2008, July 1, 2009 and July 1, 2010. Effective October 31, 2010, the Court will not pay any portion of any subsequent health coverage cost increases, but will maintain its payment of the July 1, 2010 employer-portion on an on-going basis providing premiums continue to increase. Each bargaining unit employee will still be responsible for paying any increase in employee portion, per existing language set forth elsewhere in this MOU Article 13.

13.4 Effective July 1, 2007, each bargaining unit shall pay the new health insurance contributions towards the purchase of one of the four (4) health plans offered by the Court. The selection of the Medical Plan shall be at the employee's option, which must be exercised in writing by the employee during the enrollment periods established by the Court. If the employee makes no selection, the Court will select employee only coverage under the lowest cost plan (not including the baja plan) and apply its contribution toward the payment of the premium for that plan. Any increase in the cost of health coverage premiums on or after July 1, 2007, shall be paid automatically be each unit member by payroll deduction from the unit member’s bi-weekly paycheck without further authorization by the unit member or unit members unless mutually agreed otherwise between the IBEW and the Court.

13.5 The Court will provide annual influenza shots administered by the County Health Department to all unit members as long as the County allows Court employees to participate.

ARTICLE 14 LIFE INSURANCE

The Court will provide to each bargaining unit member, at the Court's expense, group term life insurance coverage under the life insurance program as selected and modified by the Court in the amount of $50,000.

ARTICLE 15 BEREAVEMENT LEAVE

Every employee covered herein shall be entitled to three (3) days of “bereavement leave” for each death in the employee’s immediate family, and will result in no charge being made for such leave to the employee’s accumulated sick leave benefits. “Immediate family”, for purposes of this benefit, is defined to include the employee’s spouse or registered domestic partner, grandfather, father, mother, father-in-law, mother-in-law, aunt, uncle, son, son-in-law, daughter, daughter-in-law, sister, sister-in-law, brother, brother-in-law, or grandchild of either spouse or registered domestic partner or any relative living in the immediate household. No employee shall be entitled to more than nine (9) days of leave under this Article per fiscal year. Unused leave under this Article shall not accumulate from year to year.

ARTICLE 16 ADMINISTRATIVE (SUPERVISORY) LEAVE

Unit members shall receive twenty (20) hours of administrative leave with pay on a fiscal year basis. Such leave shall be non-cumulative in nature and have no cash value. Such leave shall be used or forfeited by June 15 of the fiscal year in which it is credited. Bargaining unit members shall be entitled to schedule such leave only with the advance approval of their supervisor. Such leave is not earned leave. All new hires shall receive a prorated amount of Administrative Leave from the date of hire.

ARTICLE 17 SICK LEAVE

17.1 Accrual

Employees shall earn .04615 hours of sick leave with pay for each paid, regularly scheduled working hour to a maximum of eighty (80) working hours in any pay period. No employee shall be entitled to sick leave with pay while absent from duty on account of any of the following reasons:

a. Sickness or disability sustained while on a leave of absence without pay;

b. Vacation;

c. Sickness or injury incurred while working for an employer other than the Court.

17.2 Notification

Any employee requesting sick leave may for good reason be required to furnish a certificate issued by a licensed physician, or other satisfactory proof of illness, upon the request of the Court Executive Officer or designee. Any person absent from work because of sickness or injury shall notify or cause his or her Court Executive Officer or designee to be notified the first day of such absence, except where he/she is physically unable to do so. No person shall be allowed sick leave in excess of that actually accrued and credited to his or her sick leave account at the beginning of the pay period during which sick leave is used.

17.3 Fraction of Day Use

In any instance involving use of a fraction of a day's sick leave, the minimum charge to the employee's sick leave account shall be one half hour (1/2), while additional actual absence over one half hour (1/2) shall be charged to the nearest full hour.

17.4 Illness of Child, Parent, or Spouse

Employees shall be entitled to use up to a maximum of six (6) days of accumulated sick leave credit for absences due to illness or injury of a child, parent, spouse or, effective January 1, 2002, a domestic partner (as that term is defined in Family Code section 297). All conditions and restrictions placed by the Court upon the use by an employee of sick leave shall also apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse or domestic partner under this Article.

17.5 For the purposes of paragraph 17.4, “child” means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis. “Parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.

17.6 This Section 14.6 does not extend the maximum period of leave to which an employee is entitled under Government Code section 12945.2 or the federal Family and Medical Leave Act of 1993.

17.7 Sick Leave Buy-Back Program: Eligible bargaining unit members shall be provided an opportunity to buy back sick leave twice per calendar year. The maximum buy back at each opportunity is in the amount of one-half of that six (6) months’ accrual (i.e., three (3) days). Eligibility requirements are set forth in the sick leave buy-back policy.

ARTICLE 18 LAYOFF

The parties agree that in the event that a reduction in force for economic reasons becomes necessary that may require layoff of bargaining unit employees, the Court will provide thirty (30) days advance written notice to the IBEW and shall meet and confer with the IBEW regarding the layoff procedure.

ARTICLE 19 GRIEVANCE PROCEDURE

19.1 Grievance Procedure

A grievance is defined as a dispute over the application of the specific terms or provisions of this Memorandum of Understanding by an employee adversely affected thereby or by IBEW, but shall not include the following:

a. Disciplinary actions which shall be subject to appeal through Court policies for the appeal of disciplinary actions.

b. The exercise of any Court Management rights as specified in Article 5 of this Memorandum.

c. An impasse or dispute in the meeting and conferring process.

19.2 Rights

There shall be no restraint, interference, coercion, discrimination or reprisal against any employee for exercising any rights under the grievance procedure. The grievant, upon his or her request, is entitled to representation by IBEW at each step of the grievance procedure.

19.3 Grievance Procedure Steps

Step (1) – Discussion with Immediate Supervisor

a. The grievant shall first discuss the grievance informally with his or her immediate supervisor. The discussion shall be held within fifteen (15) working days following the date of the action causing the grievance or the date the action could reasonably have been expected to be known to the grievant, but in no event longer than twenty (20) working days after the action.

b. Every reasonable effort shall be made to resolve the grievance at this level. The immediate supervisor shall respond verbally to the grievant within ten (10) working days following the date of the informal discussion between the grievant and the supervisor.

Step (2) – Formal Written Grievance

a. In the event the employee believes the grievance has not been satisfactorily resolved, the employee shall submit the grievance in writing on the form prescribed by the Court to the Assistant Court Executive Officer within ten (10) working days after receipt of the immediate supervisor's verbal response. The grievance shall state specifically which provision(s) of the Agreement have been violated, the facts upon which the alleged violation is based, and the remedy that the grievant is seeking.

b. Within ten (10) working days following the date of the Court’s receipt of the grievance, the Assistant Court Executive Officer shall respond in writing to the grievant stating his/her decision, the facts on which the decision is based, and the remedy or correction, if any, to be offered.

c. Any grievance settled at this step shall be subject to the review and confirmation by the Court Executive Officer. If no settlement is reached, the grievant may initiate either: 1) Non-binding mediation with a third-party neutral; or 2) Step (3) of this procedure. Engaging in non-binding mediation shall not affect the grievant’s right to initiate Step (3) of this procedure.

Step (3) – Court Executive Officer Review

a. If a grievance is not settled at Step (2) of this procedure, the grievance may be appealed to the Court Executive Officer in writing within ten (10) working days following the date of the Assistant Court Executive Officer’s decision at Step (2) or the date upon which non-binding mediation is concluded, whichever is later.

b. The Court Executive Officer shall confer with the employee and prior levels of supervision involved in an attempt to effect a harmonious solution. A meeting may be held by mutual agreement of the parties. The Court Executive Officer shall reply in writing within twenty (20) working days following his/her receipt of the written grievance unless, by mutual agreement, the time limitation is extended. Said decision shall be final and binding.

Basic Rules

a. Failure of the grievant to file within the specified time limit for any step of the grievance procedure shall constitute an abandonment of the grievance.

b. Failure of any designated level of management to respond within the specified time limits shall cause the grievance to move to the next step in the process, if so desired by the grievant, effective as of the date by which management is required to respond.

c. Upon written consent of both parties to a grievance, the time limitations at any level in the procedure may be extended.

19.4 Employee Grievance Representatives

a. Designation

For grievances filed under this article, IBEW may designate two (2) employees as employee representatives to serve on behalf of grievants. The name of each employee representative shall be provided in writing to the Court Executive Officer.

Any employee with a grievance shall be entitled to have an “employee representative” or an IBEW representative represent him/her in any grievance meeting. The representative must be designated in writing by the grievant.

c. Compensation

Employee representatives officially designated by IBEW shall receive a reasonable amount of release time to assist employees in grievance meetings, provided the employee representative gives reasonable advance notice to his/her supervisor and there is no compelling operational need that would prohibit such release. Such rights to release time shall not be abused and shall not otherwise interfere with the normal operation of the Court.

d. Court Equipment

No employee representative shall place long distance telephone calls or use a Court vehicle or other Court equipment or materials, when providing services on behalf of a grievant, except that an employee representative may make incidental use of the Court’s copier, telephone (for local calls only) and facsimile machine on non-work time with the approval from the Court Executive Officer or designee.

ARTICLE 20 BULLETIN BOARDS

The Court will provide space on the bulletin boards located in the Civil Clerk’s Office, the Branch Courts in Brawley and Calexico, the Traffic Department and the Accounting Department, for IBEW to post notices of official IBEW business. Inappropriate or offensive material will not be permitted. In addition, posted material may not be of a partisan political nature, nor shall it pertain to public issues that do not involve the Court or its relations with Court employees. The Court Executive Officer may remove postings that do not comply with the requirements of this section.

ARTICLE 21 DEFERRED COMPENSATION

As long as it is maintained by the Court, the Court agrees to provide to employees covered under this Memorandum of Understanding the opportunity to participate in the Court’s Deferred Compensation Program.

On a one time basis only, the Court will match employee contributions to the 457b deferred compensation program made between 11/1/2008 and 10/31/2009 up to a maximum of $500. The employer contribution will be made on the closest full pay period following 10/31/2009.

ARTICLE 22 PROBATIONARY PERIOD

Regular employees hired, rehired, transferred, or promoted, shall serve a probationary period of one (1) year.

ARTICLE 23 PERSONNEL FILES

23.1 An employee, upon written request to the Court Executive Officer or designee, may, at reasonable times and intervals, inspect his or her official personnel file that is used or has been used to determine the employee’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. An employee may inspect only his or her official personnel file.

23.2 The Court will keep a copy of each employee’s official personnel file at the place where the employee reports to work, or shall make the employee’s official personnel file available where the employee reports to work within a reasonable period of time after the employee has made a request for his or her official personnel file.

23.3 Records of a Court employee relating to the investigation of a possible criminal offense, letters of reference, and other matters protected by constitutional, statutory, or common law provisions shall be excluded from the provisions of Sections 23.1 and 23.2, above.

23.4 Employees may place in their personnel file a written response to a performance evaluation or a written notice of disciplinary action.

ARTICLE 24 STATE DISABILITY INCOME PROTECTION

State Disability Insurance shall be extended to employees in accordance with the terms and conditions of the State Disability Insurance Program. Each employee shall contribute to the plan through payroll deductions. Accrued sick leave shall be used to supplement the disability benefit and must be exhausted prior to the use of other accrued leave balances. The total compensation from accrued leaves and disability benefits shall not exceed the employee’s base salary at the time of disability.

ARTICLE 25 ON THE JOB INJURY

25.1 Whenever any person employed by the Court is compelled by direction of a licensed physician to be absent from duty due to illness or injury arising out of and in the course of his or her employment, the employee shall receive full compensation for the scheduled work days falling within the first three (3) workdays of such absence, provided a written statement from the attending physician is submitted to the supervisor and transmitted to the Court Executive Officer. Failure to provide such statement shall cause the absence to be charged against accrued sick leave or as leave without pay. Any reimbursement under the Workers' Compensation Act for the first three (3) days of disability shall be paid to the Court. Thereafter during such absence, employees may elect to apply pro-rated accrued sick leave and earned vacation to such absence and to receive compensation to which they are entitled under the Workers' Compensation Act and their regular Court pay, not to exceed the amount of their accrued sick leave and earned vacation.

25.2 Unless the employee notifies the Court Executive Officer or designee to the contrary, it will be presumed in all cases that the employee is electing to pro rate his or her accrued sick leave and earned vacation so as to receive full salary. In pro-rating, the charge to the employee’s accrued sick leave or earned vacation credits, shall be to the nearest quarter of a day.

25.3 Whenever practicable, an employee incurring an on the job injury shall report the injury immediately to his or her supervisor. In no event shall such notification to Human Resources be delayed beyond twenty-four (24) hours.

ARTICLE 26 WORK FURLOUGHS

26.1 For the purpose of reducing Court expenditures, the Court may require any employee to take no more than thirteen (13) working days per fiscal year of leave without pay. This leave will be called a "work furlough." The Court shall provide at least ten (10) calendar days' written notice to each affected employee prior to the first day of each period of such work furlough. Prior to providing the notice, a Court representative will be made available to explain to representatives of IBEW the financial basis for the furlough. This is for informational purposes only. Nothing in this provision means that the decision to require the furlough is subject to the grievance procedure. Nothing in this provision means that a work furlough is subject to meet and confer.

26.2 Periods of work furlough shall not affect an employee's entitlement to Court contribution toward health benefits, accrual of seniority, accrual of vacation and sick leave, period of probationary employment, or anniversary date; nor shall a period of work furlough be considered a break in service. Periods of work furlough shall not adversely affect an employee's retirement service credit or otherwise reduce his/her retirement benefits. In a department in which there are both bargaining unit members and non-bargaining unit members in the same classification (i.e., extra help, temporary, seasonal, substitute), the non-bargaining unit members will not be employed during periods when bargaining unit members in the same classification in the department are on work furlough.

26.3 No employee may be required to take more than five (5) days per month of work furlough. If a furlough is required for more than one (1) day in a month, the employee’s pay will not be reduced by more than one (1) day per pay period. The Court will establish a schedule of pay reductions, in advance of and/or following the furlough to complete the pay reduction. Pay reductions may be in units of less than one day per pay period. If an employee is separated from service, any remaining reduction will be taken from the employee's remaining pay due.

ARTICLE 27 RETIREMENT CONTRIBUTION

Subject to the applicable policies, procedures, practices, and regulations as adopted and approved by the County Board of Supervisors.

ARTICLE 28 SEVERABILITY OF PROVISIONS

If any provision of this Agreement, or any section, subsection, subdivision, sentence, clause, phrase, word or portion thereof should be invalid or contrary to law, the remaining provisions shall not be affected, but shall continue to be given full force and effect as if the part so held had not been included herein.

DATED:__________________________

FOR THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL

DATED:__________________________

FOR THE IBEW LOCAL 465 (COURT SUPERVISORS) BARGAINING UNIT

Exhibit A Effective April 1, 2007

Class Description		Step 1	Step 2	Step 3	Step 4	Step 5	Step 6
Court Supervisor	Annual	42,377.00	44,495.85	46,720.64	49,056.67	51,509.51	54,084.98
	Hourly	20.37	21.39	22.46	23.58	24.76	26.00




Effective November 1, 2007

Class Description		Step 1	Step 2	Step 3	Step 4	Step 5	Step 6
Court Supervisor	Annual	43,222.40	45,385.60	47,652.80	50,024.00	52,540.80	55,161.60
	Hourly	20.78	21.82	22.91	24.05	25.26	26.52

IBEW Local 465 (Court Supervisors)

AND

Superior Court of California, County of Imperial