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Engineers and Scientists of California (ESC)
2019 - 2023 ESCMemorandum of Understanding: Article 17: Full Understanding
17.1 Full Understanding and Modification
This Memorandum of Understanding is intended both as the final expression of the agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the agreement. No amendment, alteration, understanding, variation, waiver or modification of any of the terms or provisions of this Memorandum shall in any manner be binding on the parties unless made and executed in writing between the parties hereto and approved and implemented by the County’s Board of Supervisors. This Memorandum of Understanding between the County of Sonoma and Engineers & Scientists of California 2019 - 2023, supersedes the 2019 Memorandum between the Parties.
17.2 Waiver
Except as specifically provided herein, it is agreed and understood that the Union voluntarily and unqualifiedly waives its right to and releases the County from any obligation to meet and confer on any subject or matter contained herein. The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
17.3 Separability
In the event any Article or Section of this Memorandum is held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with, or enforcement of, the section or portion thereof shall be restrained by any tribunal, the remainder of this Memorandum shall not be affected thereby. At the written request of either party within thirty (30) days of the action invalidating a portion of this Memorandum, the parties shall meet and confer for the purpose of arriving at a mutually satisfactory replacement of such Article or Section.
17.4 Side Letters
No later than May 31, 2015, ESC and the County shall identify and exchange copies of all known side letters between the parties. Any side letter that is not produced and exchanged by May 31, 2015 shall terminate on June 1, 2015. In meeting and conferring for a successor MOU, the parties will consider each identified and exchanged side letter to determine whether each side letter that has not terminated by its own terms continues to be valid and/or should be terminated or included in the successor MOU.
17.5 Health Care Reform Reopener
The County and the Union agree to reopen the MOU solely to make necessary changes to health and welfare benefit eligibility and/or coverage options as required by state or federal statutes or regulations implemented during the term of this agreement.
17.6 County and Labor Retirement Benefits Committee
After the effective date of the parties’ successor MOU and during the timeline specified below, the County and the Union will form a management/labor retirement benefits committee. The charge of the committee is to gather and analyze information on County employee retiree benefits and develop recommendations for optimal long-term solutions that meet the needs of all impacted parties and still position the County to have total compensation market competitiveness and workforce stability. As part of this recommendation, the parties shall address the following items: unfunded liability cost sharing; pension cost sharing; pension obligation bonds; retiree medical benefits; longevity; and retiree cost of living adjustment. Other retirement related issues may be considered by mutual agreement.
The committee shall consist of up to three (3) Union representatives and six (6) management representatives. ESC team members will be permitted time off without loss of compensation or other benefits when formally meeting or engaging in mutually agreed upon preparation or caucus time. Additional ESC staff may participate.
The County and the Union further agree that the committee should include representatives from all County bargaining units and employee organizations and that they will support having representatives of all such units and organizations participating in the committee by commencement of the committee’s work in March of 2021. The County and the Union further agree that the committee’s work will be completed by March of 2022. The committee’s recommendations and strategies will be advisory only to the County’s CAO’s office and ESC shall not be bound by any recommendations of the committee.