MEMORANDUM OF AGREEMENT BETWEEN

THE SAN DIEGO SUPERIOR COURT

AND

THE SERVICE EMPLOYEES INTERNATIONAL UNION,

LOCAL 221, CLC (CR UNIT)

OCTOBER 1, 2017 - SEPTEMBER 30, 2019

TABLE OF CONTENTS

ARTICLE 1. TERM OF CONTRACT .............................................................................. 1

ARTICLE 2. UNION RIGHTS ................................................................................... ...... 1

Section 1. Recognition .................................................................................................... 1 Section 2. Payroll Deduction and Union Dues ................................................................ 1

Section 3. Maintenance of Membership .......................................................................... 2 Section 4. Agency Shop .................................................................................................. 2

Section 5. Union Access ................................................................................................. 3

Section 6. Stewards ........................................................................................................ 4 A. Stewards ................................................................................................................... .4

B. Handling Grievances .................................................................................................. 5 Section 7. Bulletin Boards ............................................................................................... 5

Section 8. Mail Box ......................................................................................................... 6

Section 9. Printing of MOA. ............................................................................................. 6 Section 10. Unpaid Union Leave ..................................................................................... 6

Section 11. New Employee Orientation ........................................................................... 6

Section 12. Employee's Attendance at Retirement Board Meetings ................................ 7 Section 13. Employee Information Listing ........................................................................ 7

ARTICLE 3. MANAGEMENT RIGHTS ........................................................................... ?

Section 1. Recognition of Management Rights ............................................................... 7

Section 2. Court Rules .................................................................................................... 8 ARTICLE 4. NONDISCRIMINATION .............................................................................. 8 ARTICLE 5. WAGES ..................................................................................................... 8 ARTICLE 6. HOURS OF WORK, PREMIUMS AND FEES ............................................ 8 Section 1. Hours of Work ................................................................................................ 8

A. Work Day/Work Period ............................................................................................... 9

B. Work Assignment ....................................................................................................... 9 C. Court Reporter Assignments ...................................................................................... 9

D. Break Times ............................................................................................................. 10

Section 2. Overtime Work and Compensation .............................................................. 10 A. Computation of Overtime .......................................................................................... 10

B. Exclusion of Leave from Hours Actually Worked ...................................................... 11

C. Accrual of Compensatory Time Off ........................................................................... 11 Section 3. RealTime Premium ...................................................................................... 11

A. Definition .................................................................................................................. 11

B. Method of Calculation ............................................................................................... 12

C. Eligibility ................................................................................................................... 12

Section 4. Fee for Technological Services in the Preparation of a Daily Transcript

by a Single Court Reporter ....................................................................................... 13 Section 5. Court Reporter Fee for Assigned Exercise of Communications Access Realtime Translation (CART) ......................................................................................... 13 A. Definition .................................................................................................................. 13 B. Method of Calculation ............................................................................................... 13 C. Eligibility ................................................................................................................... 13 Section 6. Employment Opportunity Notice for Court Reporter Supervisor ................... 13 ARTICLE 7. VACATION, HOLIDAYS, CATASTROPHIC LEAVE AND SICK LEAVE 14

Section 1. Vacation ....................................................................................................... 14

Section 2. Holidays ....................................................................................................... 15 A. Compensation for Holidays Worked ......................................................................... 16 B. Holiday Occurring on a Scheduled Day Off.. ............................................................ 16 C. Birthday Holiday ....................................................................................................... 16 Section 3. Catastrophic Leave Program ....................................................................... 16 A. Definition .................................................................................................................. 16 B. Conditions ................................................................................................................ 17 C. Minimum Transfer Amount ....................................................................................... 17 D. Maximum Accumulation ........................................................................................... 17 E. Request .................................................................................................................... 17 Section 4. Sick Leave ................................................................................................... 17 A. Definition ................................................................................................................. 17 B. Eligibility ................................................................................................................... 18 C. Accumulation ............................................................................................................ 19 D. Request .................................................................................................................... 19 E. Medical Absences .................................................................................................... 19 F. Use ........................................................................................................................... 19 G. Cancellation and Restoration of Unpaid Sick Leave Credits .................................... 20 H. Conversion of Sick Leave Credits to Retirement Service Credit. .............................. 20 ARTICLE 8. ALLOWANCES FOR WORK-RELATED EXPENSES ............................ 21 Section 1. License Reimbursement .............................................................................. 21 Section 2. Transportation Reimbursement for Certain Downtown Locations and Bus

Pass Reimbursement ............................................................................................... 21 ARTICLE 9. EMPLOYEE BENEFITS ........................................................................... 22 Section 1. Retirement ................................................................................................... 22 Section 2. Insurance Benefits ....................................................................................... 23 A. Required Benefits ..................................................................................................... 23 B. Optional Benefits ...................................................................................................... 24 C. Court Contributions ................................................................................................. 24

ii

D. Effective Dates of Eligibility For Flex Credits and/or Medical Premium Subsidy ..... ,25

E. Cafeteria Plan ........................................................................................................... 26 F. Domestic Partner ..................................................................................................... 26

G. Life Insurance .......................................................................................................... 26

H. Deferred Compensation ........................................................................................... 27 ARTICLE 10. PERSONNEL PRACTICES ................................................................... 27

Section 1. Probationary Period ..................................................................................... 27 Section 2. Layoff Procedures ....................................................................................... 27

A. Policy Statement. ...................................................................................................... 27

B. Order of Layoff ......................................................................................................... 28 C. Seniority Layoff Ratings ........ : ................................................................................... 28

D. Reemployment of Employees Laid Off ..................................................................... 29

E. Voluntary Layoff ....................................................................................................... 29 F. Demotion in Lieu of Layoff ........................................................................................ 29

G. Mandatory Unpaid Furlough ..................................................................................... 29 H. Notice of Layoff and/or Unpaid Furlough .................................................................. 30

I. Grievance ................................................................................................................. 30

Section 3. Labor/Management Committee .................................................................... 30 Section 4. Professional Development ........................................................................... 30

Section 5. Ergonomics ................................................................................................... 30 Section 6. Involuntary Reassignment ............................................................................ 30

ARTICLE 11. GRIEVANCE PROCEDURE .................................................................. 31

A. Definitions ................................................................................................................. 31 B. Stale Grievance ........................................................................................................ 32

C. Informal Discussion with Employee's Supervisor/or Designated Party ..................... 32

D. Formal Written Grievance to Employee's Supervisor/or Designated Party ............... 33 E. Grievance to Manager or Next Higher Level ............................................................ 33

F. Waiver of Appeal Steps ............................................................................................ 33

G. Grievance to Executive Officer ................................................................................. 34 H. Duty of the Review Officer ........................................................................................ 34

I. Final Decision ........................................................................................................... 34 ARTICLE 12. DISCIPLINE POLICY ............................................................................. 34 A. Policy Statement. ...................................................................................................... 34

B. Covered Employees ................................................................................................. 35

C. Progressive Discipline .............................................................................................. 35 D. Causes for Disciplinary Action .................................................................................. 36

E. Notice of Proposed Action ........................................................................................ 37

F. Written Order of Disciplinary Action .......................................................................... 38

iii

G. Employee Appeal of Disciplinary Action ................................................................... 38

H. Arbitration ................................................................................................................. 39 ARTICLE 13. AGREEMENT, MODIFICATION, WAIVER ............................. .............. .40

ARTICLE 14. PROVISIONS OF LAW ......................................................................... .40 ARTICLE 15. NO STRIKE/LOCKOUT POLICY ........................................................... 40 ARTICLE 16. REOPENER ................... ....................................................................... .41

ARTICLE 17. TECHNOLOGY ...................................................................................... 41 Section 1. Internet Access ........................................................................................ .41 Section 2. Westlaw .................................................................................................... .41

APPENDIX "A" - Wages

APPENDIX "B" - LETTER OF UNDERSTANDING

APPENDIX "C" -August 20, 2012 Layoff Ratings Report

APPENDIX "D" - Grandfathered Court Reporter Assignments

iv

MEMORANDUM OF AGREEMENT BETWEEN THE SAN DIEGO SUPERIOR COURT AND

THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 221, CLC (CR UNIT)

OCTOBER 1, 2017 - SEPTEMBER 30, 2019

ARTICLE 1. TERM OF CONTRACT

This Memorandum of Agreement (hereafter "MOA'') is entered into by the San Diego Superior Court (hereafter designated as "Court") and the Service Employees International Union, Local 221, CLC, hereafter designated as "Union", as a mutual recommendation to the Court of those wages, hours, and conditions of employment which are to be in effect during the period from 8:00 a.m. on October 1, 2017 through midnight on September 30, 2019 for those employees working in representation units referred to in Article 2.

Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this MOA is given by one party and received by the other no later than sixty days before the expiration of this MOA.

ARTICLE 2. UNION RIGHTS

Section 1. Recognition

The San Diego Superior Court recognizes the Union as the sole and exclusive representative for all classes to the following Bargaining Unit (as listed in Appendix "A") as well as such classes as may be added to the unit.

Court Reporters (CR)

The provision of this Agreement shall be applicable only to employees in classes in the Bargaining Unit listed above.

Section 2. Payroll Deduction and Union Dues

So long as the Court's payroll services are administered in conjunction with ADP Workforce Now and eTime software, it is agreed that Union dues and such other deductions as may be properly requested and lawfully permitted shall be deducted by the Court from the salary of each employee covered hereby who files with the Court a written authorization requesting that such deductions be made.

1

Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Union by the Court.

The Court will distribute to each new employee entering the unit the following written information:

"The Service Employees International Union, Local 221, CLC, has been declared the bargaining representative for your job classification concerning wages, hours and working conditions that result from meeting and conferring in good faith between the Court and the Union. These wages and benefits are contained in the mutual agreement, copies of which will be made available to you by the Union.

A Union representative, during non-duty hours may request to meet with you personally to inform you about the Union in its roles as the recognized certified representative for your job classification. Any additional information you may require can be secured by writing or calling the Union at 4004 Kearny Mesa Road, San Diego, California 92111, telephone (858) 560-0151, or visiting their website at www.seiu221.org. On the basis of the evaluations you make, the decision is yours."

Section 3. Maintenance of Membership

Employees shall as a condition of employment maintain their membership in the Union for the term of the Agreement.

The Union agrees to indemnify and hold harmless the Court for any loss or damages or litigation costs resulting from the operations of this Maintenance of Membership provision. It is also agreed that neither the Union nor any employee shall have any claim against the Court for any deductions made or not made unless a claim of error is filed in writing to the Court's Human Resources Department within thirty (30) calendar days after the date such deductions were, or should have been made.

Section 4. Agency Shop

Within thirty-one (31) days of the effective date of this MOA, all employees at their option shall pay to become a member of the Union or pay to the Union as a condition of employment, the equivalent of a pro rata allocation of the cost of collective bargaining (i.e., agency fee) with the Employer. The employee's pro rata allocation of collective bargaining costs with the Employer shall be calculated in compliance with all applicable laws.

SEIU shall defend, indemnify, and hold the Court harmless against any liability arising from any claims, demands, or other action relating to the Court's compliance with the agency fee obligation. So long as the Court's payroll services are administered by the County of San Diego ("County"), upon notification to the County by SEIU, the amount of the fee shall be deducted by the County from the wages or salary of the employee and

2

paid to SEIU, Local 221, CLC. In the event the Court uses a payroll services provider other than the County, the payroll services provider shall be responsible for processing these deductions.

Section 5. Union Access

A. Authorized Union representative may be granted access to non-secured work locations in which employees in the CR Unit are employed, for the purpose of conducting meetings concerning grievance investigations and working conditions.

B. Union representatives will comply with the regulations established in this Article. Union representatives shall not interfere with the work operations of the Court. Authorized Union representatives desiring such access to work locations shall first request entrance from the Director of Human Resources or designee and state the purpose of the visit. Upon request, the Director of Human Resources or designee will schedule meeting rooms within the work location.

C. The Director of Human Resources or designee may deny access to a work location if, in his/her judgment, it is deemed that a visit will unduly interfere with the operations of the Court. If access is denied, the Union representative shall be informed when access will be made available. Such access shall not be more than 24 hours, excluding Saturdays, Sundays, and legal holidays, after the time of the Union representative's request, unless otherwise mutually agreed to.

D. Representatives have the right to meet with employees during lunch breaks at Court facilities as may be available.

E. The Union shall notify the Human Resources Department within seven (7) days of any change of authorized representative. Access to work locations will be granted only to representatives on the current list.

F. Union access issues can be addressed in labor management committee meetings.

G. Use of Court Communications: The Court agrees that SEIU representatives and stewards may use the Court's email, phone and voicemail systems to communicate with each other, with bargaining unit members and with court staff. Such communications shall be limited to the following: SEIU representatives or stewards providing notices or information to management, communication to bargaining unit members regarding meetings related to Labor Management, negotiations, and grievances, and bargaining unit members communicating to SEIU representatives and/or stewards regarding the aforementioned communications.

3

Section 6. Stewards

Purpose: The Court affirms the right and recognizes the necessity of the Union to designate employees as stewards. It is agreed by the Court and the Union that the purpose of such stewards is to promote an effective relationship between the Court and the Union.

A. Stewards

The Union may designate stewards to represent employees in the processing of grievances, appeals from disciplinary actions, performance rating appeals, and other formal appeals, subject to the following rules and regulations:

1. The Union shall be entitled to the following number of Stewards to be located at the following work locations:

4 - Central 1 - North County 1 - Juvenile

1 - East County 1 - South County

The Union shall furnish the Director of Human Resources with a written list identifying by name and assigned work areas all regular and alternate stewards and the list shall be kept current by the Union.

2. The Union will designate as a steward only employees who have passed an initial probation period and have been designated as permanent.

3. Alternate stewards shall be recognized as regular stewards only when such regular steward is absent.

4. The Court may request to meet with the Union regarding the placement and the number of shop stewards in the Court.

The placement and the number of stewards may be changed by mutual agreement between the Union and the Court.

5. The Court shall not transfer nor change the work locations of a steward with the intent of altering the appointed list of designated Union stewards.

6. Limitation on Time Off: Stewards shall not be granted permission for time off from their work assignments for the purpose of conducting general Union business, except for conducting or assisting in scheduled Court orientations for new employees.

4

B. Handling Grievances

1. When requested by an employee, a steward may investigate any alleged grievance in his or her assigned area and assist in its preparation and presentation. The steward shall encourage the employee to discuss a problem informally with his/her supervisor prior to filing a formal grievance.

2. The steward shall request time off to handle a grievance from his/her supervisor. The steward shall be allowed reasonable time off during the working hours (without loss of pay) to investigate, prepare and present grievances filed by employees in the CR Unit. The time off shall not unduly interfere with the work of the Court. In no event shall the steward's time off interfere with a courtroom assignment. If permission for time off is denied, the supervisor will inform the steward of the reasons for the denial and establish an alternate time for the release from work.

3. When a steward desires to contact an employee at his/her work location, the steward shall first contact the immediate supervisor of that employee, advise him/her of the nature of the business, and obtain permission to meet with the employee. The immediate supervisor will make the employee available as soon as possible unless compelling circumstances prohibit the employee's availability, in which case the supervisor will notify the stewards when he/she can reasonably expect to contact the employee. In no event shall the employee meeting with the steward interfere with a courtroom assignment. Where this prohibition extends beyond one (1) work day, the time limits of the grievance procedure shall be extended for the length of the delay.

4. A steward's interview or discussions with an employee on Court time will be handled expeditiously.

Section 7. Bulletin Boards

The Court will furnish adequate bulletin board space at reasonable locations for the exclusive use of the Union. The bulletin boards shall only be used for posting:

A. Union election materials and election results.

B. Union official business reports of the Board of Directors or Committees, or Stewards' reports and notices.

C. Union news bulletins and meeting notices.

D. Union membership benefits, programs, promotional information.

5

E. Other written materials which have been approved for posting by the Court.

Section 8. Mail Box

The Court shall provide a mailbox for the Union at the Hall of Justice located at 330 W. Broadway, Room 251.

The Court mail box shall be used only for mail:

1. Addressed to the Union or from an officer or member of Court management, or

2. Addressed to an officer or member of Court management from the Union, and

3. Which relates to the business with and of the Court.

The Union shall not use the Court mail service to correspond with a non-member, member, or Union representative unless otherwise agreed to.

With respect to U.S. Mail addressed to employees and delivered to a Court mailing address, the Court will make all reasonable efforts to assure the employees receive such mail.

Section 9. Printing of MOA

Each party will print copies of the MOA at their own cost and handle their own distribution.

Section 10. Unpaid Union Leave

One (1) employee may be granted up to six (6) months of leave without pay or benefits, with right to return, to work for the Union. This leave mustbe requested from the Human Resources Department and approved by the employee's Court. Requests for this leave shall not be unreasonably denied.

Section 11. New Employee Orientation

A Local 221 member selected by the Union shall be permitted to attend the New Employee Orientation when there are new CR Unit employees scheduled to attend. The member may make a presentation of up to twenty (20) minutes in length, and distribute a packet of information about the benefits and responsibilities of Union membership. The Local 221 member shall be granted sufficient Release Time for this purpose. The Court will notify the Union of new CR Unit employee hires and when there are new CR Unit employees scheduled to attend the New Employee Orientation.

6

Section 12. Employee's Attendance at Retirement Board Meetings

The Court shall grant four (4) hours of release time (time off without loss of compensation or benefits) per month to an employee representative of the Union for the purpose of attending a San Diego County Employees Retirement Association Board meeting. The Court will make every reasonable effort to approve such release lime contingent upon sufficient operational coverage. The Union shall provide notice about the need for release time and the name of the court reporter to the Director of Human Resources at least 48 hours in advance of the meeting.

Section 13. Employee Information Listing

In order to address Government Code section 3558, the Court and Union agree that the Court will provide the following information to the Union. Upon request, to a maximum of four (4) times per fiscal year during the term of this agreement, the Court shall provide Union with a complete and current listing of all employees in the CR unit. Such listing shall include employee name, job classification, work location, and hiring dale; and, to the extent the Court has such information on file, the employee's personal email, personal cellular telephone number, and home address unless the employee has opted out from providing the home address, personal cellular telephone number and/or personal email, in which case verification will be provided to the Union. The listing will be organized by work location.

ARTICLE 3. MANAGEMENT RIGHTS

Section 1. Recognition of Management Rights

Except as expressly modified or restricted by a specific provision of this MOA or by the Court Rules as established under Section 2 below, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Court, including, but not limited to, the following: the right to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to set the starting and quitting time and the number of hours and shifts to be worked; to relocate the Court's operations or any part thereof (except that, if the Court decides to relocate operations or facilities covered by this MOA, the Court agrees to inform the Union in advance of the decision and, upon request, to meet and confer about the effects of such decision); to control and regulate the use of facilities, equipment, and other property of the Court; to determine the number, location and operation of departments, divisions, and all other units of the Court; to issue, amend, and revise policies, rules, regulations, and practices, subject to the requirement to give advance notice of Court Rules as set forth in Section 2, to direct the Court's employees, including transfers, promotions, layoffs, and discharge of employees; and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Court. All managerial rights outlined in California Government Code §71634 may be exercised by the Court, and are not subject to waiver. The Court's

7

failure to exercise any right, prerogative, or function hereby reserved to it, or the Court's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Court's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 2. Court Rules

Unless otherwise specified in this MOA, the Court's Personnel Rules, Personnel Guidelines, payroll policies, governance documents, or any other rules or regulations implemented by the Court ("Court Rules") govern all Court policies and procedures. The parties recognize the authority of the Court to issue and revise Court Rules from time to time. Court Rules shall be fully effective and enforceable except where inconsistent with any provisions of this MOA, in which case this MOA will control. The Union shall be given advance notice of new or revised Court Rules that affect the working conditions of employees covered by this MOA prior to implementation and will meet and confer with the Union.

ARTICLE 4. NONDISCRIMINATION

The provisions of this MOA shall be applied equally to all employees covered hereby without unlawful discrimination because of race, ethnicity, color, religion, sex, gender identity, gender expression, pregnancy, citizenship, national origin, ancestry, age, marital status, physical disability, mental disability, medical condition, sexual orientation, military service status, union activity or any basis protected by law.

ARTICLE 5. WAGES

Effective in the pay period beginning February 2, 2018 (and paid in the check dated February 23, 2018), the employees will receive a one percent (1%) across the board wage increase.

Effective in the pay period beginning June 21, 2019 (and paid in the check dated July 12, 2019), the employees will receive an across the board wage increase of one percent (1%).

ARTICLE 6. HOURS OF WORK, PREMIUMS AND FEES

Section 1. Hours of Work

This Section is intended to define the normal hours of work for purposes of computing compensation only and shall not be construed as a guarantee of hours of work per day, per week, or of days or of work period.

8

A. Work Day/Work Period

For CR Unit classes, the standard work period is seven (7) consecutive days including two (2) consecutive days of rest. This work period shall be forty (40) hours. The standard work periods shall apply to both full-time and part-time employees. Flexibility in work schedules is permitted as long as the schedule does not interfere with the business of the Court. In addition to the eight hour work day for which employees are paid, the standard lunch period is one hour which is unpaid time.

B. Work Assignment

C.

Each employee shall devote all of his or her time and efforts, during assigned work hours, to assigned Court Reporter duties. To cover temporary shortages, Court Reporters may be assigned to any Court Reporter work location.

Court Reporters are required to report to their supervisor upon completion of their courtroom assignments so that the supervisor is aware of their availability for reassignments. Standing agreements with the supervisor can fulfill this requirement. This is to ensure adequate coverage and minimize per diem court reporter costs.

Court Reporters shall only work on the preparation of transcripts during regular working hours on Court time with the express permission of the CR Supervisor or his/her designee. In the event a Court Reporter is not working in a courtroom assignment, the Court Reporter shall notify the supervisor as soon as the Court Reporter knows his/her court reporting services are not required in the courtroom, and the Court Reporter shall work on duties assigned by the supervisor or other management designee.

The Supervisor may authorize flexibility in daily work schedules for employees in the CR Unit based on Court necessity and consistent with the 40 hour work week.

Court Reporter Assignments

The Court has modified Administrative Policy 6.6 in an effort to meet the operational needs of the Court. The Court no longer permanently assigns court reporters to Judicial Officers. Pursuant to Administrative Policy 6.6, each branch (Central, North, East and South) will develop and use a schedule to assign reporters each day that ensures proper coverage to allow rotating assignments to all judicial officers, promotes timely preparation of appellate transcripts, and supports fairness in assigning court reporters.

To address the impacts of this decision on the 20 court reporters who have historically been assigned to support a specific Judicial Officer (such

9

assignments are identified in Appendix D), those 20 court reporters will remain assigned to their respective Judicial Officers, while still participating in the rotational process provided by Administrative Policy 6.6. The assignment to a specific Judicial Officer will dissolve through attrition through any of the following:

• The Judicial Officer's assignment no longer requires an assigned court reporter;

• The Judicial Officer is reassigned to a new court location and there is no available vacancy for the court reporter;

• The Judicial Officer no longer wants his/her assigned court reporter; • The Judicial Officer terminates service at the Court; • The court reporter no longer wants to be assigned to the Judicial Officer; • The court reporter transfers to another location or voluntarily elects to

change assignment; • The separation of the court reporter's employment with the Court; • The assignment can no longer be supported due to the operational needs

of the Court.

D. Break Times

Break times are provided within working hours. It is the policy to provide 15 minutes in mid-morning and 15 minutes in the mid-afternoon. This time may not be combined and used to increase the lunch period or shorten the eight hour work day. In addition, this time may not be accumulated for use beyond each work day. Break times shall fall as close to mid-morning and mid-afternoon as possible, consistent with workload and court operations.

Section 2. Overtime Work and Compensation

This Section is intended only to provide the basis for the calculation of and payment for overtime and shall not be construed as a guarantee of hours of work per day or per pay period. Overtime must be pre-authorized by the employee's supervisor. Pre­authorization by the supervisor is not required in situations where courtroom proceedings continue beyond the regular work day.

Full-time and permanent part-time employees' overtime is authorized or ordered work, actually worked by an employee, which is in excess of the full work period, as defined in Article 6, Section 1 of this Agreement. No full-time or part-time employee will be paid overtime unless he/she actually works more than the total number of hours in the full work period as defined above.

A. Computation of Overtime

Computation of overtime shall be based on the employee's regular rate of pay, and shall be based as calculated under applicable laws. This regular rate shall

10

B.

C.

include the base rate for the employee's classification plus all differentials or premium rates to which the employee would be entitled for the overtime work performed, to include the RealTime premium and lead worker premium, if applicable.

Exclusion of Leave from Hours Actually Worked

Any absence including, but not limited to, paid sick leave, disability leave, bereavement leave, vacation, holiday, jury duty, military leave, compensatory time off or release time granted by the Executive Officer or designee for an employee to engage in lawful employee organization activity, or unpaid work furlough or any other paid or unpaid time off which may be infrequent, sporadic or unpredictable, shall not be counted as hours actually worked during a work period when establishing eligibility for any type of overtime compensation for employees in classes in the CR unit.

Compensation for overtime is defined as either cash payment or compensatory time off, or a combination of cash payment and compensatory time off, in accordance with the overtime code established for the employee's class. Employees shall have their overtime hours computed as follows:

Code "F" Employees covered by FLSA are eligible for overtime at time and one-half cash or compensatory time off.

Accrual of Compensatory Time Off

When an employee in the CR unit is allowed to accumulate compensatory time off, such accrual shall be limited to a maximum of 160 hours at the beginning of a biweekly pay period. Employees in the CR unit will cease to accrue compensatory time off once their balance reaches 160 hours. Employees will be given the opportunity to take off accumulated compensatory time before exceeding 160 hours or having their accumulation reduced.

All unused FLSA compensatory time will be paid off in event of termination or death of the employee.

Section 3. RealTime Premium

RealTime Reporting

Court Reporter Premium for Assigned Exercise of RealTime Skills:

A. Definition: The following premium shall compensate eligible employees for the performance of RealTime skills that are additional to those established by the

11

Court for the employee's class, when the performance of these skills is authorized and assigned by the Executive Officer. Court Reporters who meet the specified criteria shall be paid:

Premium A: NCRA RealTime Certification and RealTime Skills Assignment

A Court Reporter who possesses a National Court Reporters Association (NCRA) RealTime certification and signs a court agreement to perform RealTime assignments shall be paid a 9% (nine percent) premium; or,

Premium B: Court RealTime Certification and RealTime Skills Assignment

A Court Reporter who is certified by the Court in the use of RealTime skills and signs a court agreement to perform RealTime assignments shall be paid a 5.5% premium.

Court Reporters may be certified by the Court for the RealTime Premium of 5.5% by successfully providing RealTime text that was functionally useful to a bench officer for thirty (30) total court days, which includes providing RealTime services to a bench officer designated by the Court for a maximum of a half day to certify satisfactory RealTime text, which shall occur within thirty (30) days after fulfilling the requirements to provide real time text for thirty (30) total court days. The Court will maintain a list of judges available to certify Court Reporters for the RealTime premium and will provide the list to the Office of Court Reporting Services.

This certification is contingent upon the court reporter signing a court agreement to perform RealTime assignments, and agreeing to provide RealTime services to any bench officer upon request and that their computer is configured and able to connect to RealTime software, which is compatible with the Court's software/hardware requirements and with the necessary cable(s) and/or connector(s).

B. Method of Calculation: Premiums are paid in addition to the employee's base rate. Premiums are calculated as a percentage of the employee's base rate. Premiums are not compounded.

C. Eligibility: Employees must be in the Court Reporter class (class numbers 0544, 0540) and must possess the requisite qualifications, skills, and/or certifications determined by the Court to be necessary for the proper performance of RealTime skills.

Premiums are paid in addition to the employee's regular rate of pay. Premiums are calculated as a percentage of the employee's base rate. This premium shall be paid on all paid time, regardless of whether the court reporter is actually providing real time reporting, but shall not apply to terminal payoff.

12

The Court agrees to provide testing for RealTime once a year contingent upon the Court's ability to obtain satisfactory test materials.

Section 4. Fee for Technological Services in the Preparation of a Daily Transcript by a Single Court Reporter

In accordance with Government Code Section 69952, when the Court orders a daily transcript and assigns a single official Court Reporter to prepare the daily transcript, an additional fee for technological services that shall be less than the total fee for two reporters shall be paid. The fee shall be the equivalent of the half day straight time pay rate for per diem Court Reporters as shown in the San Diego Superior Court Salary Schedule for the Pro Tern Court Reporter class, class no. 0541. This fee shall be paid upon submittal of an approved claim form with the reported income to be reported on a 1099 form. To be eligible for this fee, employees must be in the Court Reporter class (class numbers 0544 and 0540) and must be authorized for this assignment and fee by the Court.

Section 5. Court Reporter Fee for Assigned Exercise of Communications Access Realtime Translation (CART)

A. Definition: A fee equivalent to the daily pay rate (for assignments exceeding one-half day and one-half daily pay rate for assignments less than one-half day) for the Pro Tern Court Reporter class, class no. 0541, shall be paid to compensate eligible employees for the performance of CART services that are additional to those established by the Court for the employee's class when the performance of these skills is authorized and assigned by the Executive Officer or designee.

B. Method of Calculation: The fee shall be paid in addition to the employee's base rate. Fees are not compounded. This fee shall be paid on a per diem basis for each day that CART services are performed and shall not be paid for paid time off or terminal payoff.

C. Eligibility: Employees must be in the Court Reporter class (class numbers 0544 and 0540) and must possess the requisite qualifications, skills, and/or certifications determined by the Court to be necessary for the proper performance of CART.

Section 6. Employment Opportunity Notice for Court Reporter Supervisor

The Court agrees to post and/or email announcements of available Court Reporter Supervisor positions court-wide.

13

ARTICLE 7. VACATION, HOLIDAYS, CATASTROPHIC LEAVE AND SICK LEAVE

Section 1. Vacation

Rate of Earnings

Biweekly rate employees in the service of the Superior Court shall earn vacation credits at the following rate for paid service for the following amounts of continuous service so long as they continuously remain in a biweekly pay status and in the Superior Court service:

Employees hired into the Court Reporter class with less than five (5) years continuous service shall earn 5.769 percent of a working hour of vacation credit for each hour of paid service; those with five (5) or more years continuous service shall earn 8.075 percent of a working hour of vacation credit for each hour of paid service.

Based on the above percentage accruals, the approximate annual amount of vacation days/hours accrued for full-time work will be as follows:

Length of Employment

Less than 5 years 5 or more years

Approx. Annual Accruals for Full-time

120 hours/15 work days 168 hours/21 work days

Effective in the first full pay period after ratification, employees shall receive a one-time credit of 16 (sixteen) hours of vacation added to their vacation buckets.

Effective the first full pay period of July, 2018, employees shall receive a one-time credit of 16 (sixteen) hours of vacation added to their vacation buckets.

Vacation Cash-Out

Employees may request to cash-out up to forty (40) hours of vacation once per fiscal year from their vacation bucket. Vacation pay-down is not guaranteed. Approval is at the discretion of the Executive Officer and can be denied at any time and for any reason. Vacation pay-down is subject to eligibility terms and conditions set forth in the Personnel Rules, specifically:

The Executive Officer or designee may authorize a portion of an eligible employee's vacation credits to be converted to a cash payment under the following conditions:

• The employee has requested in writing a vacation pay-down payment; and

• The employee has used one half (50%) of his/her authorized annualized vacation accrual for the previous twelve month period dating back from the date of the written request; and

14

• In no event shall the pay-down reduce the employee's vacation balance to an amount less than the annualized current vacation earnings rate of the employee; and

• Calculation of Pay-down:

The monetary value of the pay-down pursuant to the above provisions shall be computed on the basis of the employee's base rate of pay at the time of the generation of the payment of the pay-down, and shall not include any increase in pay that would have occurred had the employee been granted the vacation time in lieu of pay-down. The employee shall have his/her vacation credits reduced hour-for-hour by any payments made under the above provisions but not lower than the employee's annualized current vacation earnings rate.

Section 2. Holidays

Court holidays are those days in which the Court is closed for the transaction of judicial business pursuant to the Code of Civil Procedure. If a holiday falls on a Sunday, the following Monday shall be observed as the holiday, and if a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

Court holidays will be as follows:

1. New Year's Day, January 1st 2. Martin Luther King, Jr. Day, Third Monday in January 3. Lincoln's Birthday, February 12th 4. President's Day, Third Monday in February 5. Cesar Chavez Day, March 31st 6. Memorial Day, Last Monday in May 7. Independence Day, shall be observed on July 4th 8. Labor Day, First Monday in September 9. Columbus Day, Second Monday in October 10. Veteran's Day, November 11th 11. Thanksgiving Day, Fourth Thursday in November 12. Day after Thanksgiving 13. Christmas Day, December 25th

Only employees paid at a biweekly rate are entitled to paid holidays. Employees who are on paid status the entire work day before as well as the entire work day after a holiday shall receive compensation for holiday time equivalent to one-tenth (1/10) the number of regularly scheduled hours in that employee's biweekly pay period during which the holiday occurred.

15

A.

B.

Compensation for Holidays Worked

For working a holiday, employees working in a class designated to receive cash payment for overtime at one and one-half times their hourly rate, or in a class eligible to receive overtime premium compensation, shall earn, for each hour of the holiday worked, compensatory time off equivalent to the number of hours actually worked but not to exceed 1/10th the number of hours in that employee's normal biweekly pay period. In addition such employees shall receive cash compensation at one-half time rate for the number of hours compensatory time off was earned.

Holiday Occurring on a Scheduled Day Off

Except for holidays occurring on a Saturday or Sunday, if a holiday falls on an employee's regularly scheduled day off, the employee will receive the equivalent of one-tenth (1110th) the number of regularly scheduled hours in the employee's biweekly pay period.

C. Birthday Holiday

Employees of the Superior Court shall be entitled to their birthday off as a holiday, except that if the needs of the Court require that the employee work, the employee shall be credited with compensatory time off equivalent to one-tenth (1/10) the number of regularly scheduled hours in that employee's normal biweekly pay period, not to exceed eight (8) hours of compensatory time off. A birthday occurring on a Saturday shall be taken on the preceding Friday; a birthday occurring on a Sunday shall be taken on the following Monday except that if the needs of the Court require that the employee work, the employee, with the approval of his/her supervisor or manager, shall have the choice of another day on which to observe the employee's birthday. A birthday occurring during paid leave status or on a normally scheduled day off or a paid holiday to which the employee is entitled shall be taken off on a regularly scheduled work day mutually agreeable between the employee and his/her supervisor or manager.

Section 3. Catastrophic Leave Program

A. Definition

Court employees may donate vacation or sick leave credits for use by another Court employee who, due to catastrophic illness or injury, has exhausted paid leave and is subsequently facing financial hardship. Employees in the CR bargaining unit may donate up to 40 hours of sick leave in a fiscal year, in addition to or in lieu of vacation credits.

16

B. Conditions

Transfers of vacation and sick leave credits shall be allowed between employees of different divisions and departments in accordance with the policies approved by the receiving employee's appointing authority subject to the following conditions:

1. Subject to verification, the employee requesting catastrophic leave is required to be absent from work due to injury or prolonged personal illness or that of the employee's spouse, child or parent.

2. The employee has nearly exhausted or exhausted all paid leave, including sick leave, vacation and compensatory time off.

3. Both the employee(s) transferring vacation or sick leave credits to and the employee receiving the credits have received the approval of their appointing authorities.

C. Minimum Transfer Amount

Each employee choosing to transfer vacation or sick leave credits to another employee must transfer a minimum of four (4) hours and whole hour increments thereafter. Transferred credits are irrevocable.

D. Maximum Accumulation

E.

The total credits received by an employee shall not exceed 520 hours (65 days) without the expressed approval of the Executive Officer.

Request

Requests for the transfer of vacation credits for catastrophic leave shall be made on the form prescribed by the Court, and must be signed by the transferring employee(s), the receiving employee and their respective appointing authorities.

Section 4. Sick Leave

A. Definition

Sick leave is paid time off which may be used when an employee is absent from duty because of:

• the employee's illness, injury or exposure to contagious disease which incapacitates the employee for work;

17

8.

• the employee's receipt of medical or dental care or treatment (including preventative care) or consultation including prenatal and postnatal care, which is not available except during working hours;

• diagnosis, care or treatment of an existing health condition of, or preventative medical/dental care of an immediate family member. "Member of immediate family" for purposes of this section shall mean the employee's spouse, registered domestic partner as defined by California Family Code section 297, child (biological, adopted, stepchild, foster child, legal ward or a child to whom the employee stands in loco parentis), brother, stepbrother, sister, stepsister, parent, stepparent, legal guardian, grandparent, grandchild, any person serving as a parent of or who has served as a parent of the employee, any other person living in the same household as the employee, and any parent, foster parent, stepparent or legal guardian of the employee's spouse or registered domestic partner;

• necessity to be present because of a critical or terminal illness of an immediate family member;

• need to discharge the required obligations that arise from the death of an immediate family member; or

• the employee is a victim of domestic violence, sexual assault or stalking, and needs leave (a) to obtain or attempt to obtain relief, including but not limited to a restraining order or injunctive relief, to help ensure the safety and welfare of the employee or his/her child; (b) to seek medical attention for the employee's injuries caused by domestic violence, sexual assault or stalking; (c) to obtain services from a domestic violence shelter, program or rape crisis center as a result of being a victim of domestic violence, sexual assault or stalking; (d) to obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking; or (e) to participate in safety planning and other actions to increase safety from future domestic violence, sexual assault or stalking.

Eligibility

Employees in Court service may earn sick leave credits if they are paid at a biweekly rate and have paid service in the pay period equal to at least one-half of the employee's full work period as defined below.

18

1. The standard work period for employees in classes with overtime designator "N" shall consist of forty (40) hours in a seven consecutive day work week.

2. For all other classes, the standard work period shall consist of eighty (80) working hours in each biweekly pay period.

C. Accumulation

D.

E.

Sick leave credit shall be earned at the rate of five (5) percent of the employee's paid service during the pay period and shall be credited in units of one-tenth of an hour. For full-time work, the approximate annual accrual is 104 hours or 13 days.

Request

All requests for sick leave shall set forth such information as the Executive Officer may require. Requests for five (5) or more days sick leave shall be accompanied by a health care provider's verification or other evidence satisfactory to the Executive Officer which demonstrates the employee's incapacity to return to work or necessity to be absent. Employees may, however, be required to present such verification for absences of less than five (5) days if requested by the Executive Officer or designee. Requests because of the death of a member of the employee's immediate family will not require such verification.

Medical Absences

Medical absences must be reported to the immediate supervisor prior to, or immediately following, the scheduled time for work as prescribed by the Executive Officer.

F. Use

1. Availability of Credits

Sick leave credit shall be available for use on the first day of the pay period following the pay period in which it was earned, and not before. No sick leave shall be granted in excess of the employee's credits.

2. Minimum Unit

Sick leave credit may be used in one-tenth (1/10) of hour increments.

19

G.

H.

3. Holidays During Sick Leave

4.

5.

Paid holidays for which the employee is eligible and which are immediately preceding, immediately following or wholly within the period for which sick leave is granted, shall not be regarded as part of the period of sick leave.

Illness Occurring During Vacation

An employee who becomes incapacitated for work due to illness or injury for more than three (3) consecutive calendar days while on paid vacation may substitute sick leave credits for vacation provided the request for sick leave substitution is accompanied by a doctor's statement, or other evidence satisfactory to the Executive Officer or designee, which verifies the incapacity.

Incapacitation Caused by Pregnancy

An employee who is incapacitated for work because of pregnancy may be granted sick leave upon presentation of satisfactory evidence from a physician verifying the incapacity. See the Court's Personnel Rules for more information concerning pregnancy disability and pregnancy disability leave.

6. Combination of Bereavement Leave

A maximum of two (2) days sick leave may be combined with bereavement leave for a single absence arising from the death of a member of the employee's immediate family.

Cancellation and Restoration of Unpaid Sick Leave Credits

See the Superior Court Payroll Rules. Restoration of unpaid, accrued sick leave credits shall be reinstated in compliance with California Labor Code section 246 and any amendments thereto.

Conversion of Sick Leave Credits to Retirement Service Credit

Incumbents in this unit may upon retirement, deferred retirement, disability retirement from Court service or death, convert all or a portion of an eligible employee's sick leave balance into retirement service credits subject to the rules and regulations of the San Diego County Employees' Retirement Association provided that:

1. The employee has completed five (5) years of continuous service during that employee's present employment; and

20

2. The employee's sick leave balance totals one hundred (100) hours or more.

ARTICLE 8. ALLOWANCES FOR WORK-RELATED EXPENSES

Section 1. License Reimbursement

The Court will annually reimburse employees in the CR Unit the cost of their active Certified Shorthand Reporter (CSR) license issued by the California Department of Consumer Affairs Certified Shorthand Reporters Board upon submittal of proof of payment.

Section 2. Transportation Reimbursement for Certain Downtown Locations and Bus Pass Reimbursement

The Court shall reimburse all employees paid on a biweekly basis except those on an "hourly" or "special rate" pay basis for costs incurred in traveling to and from work, as follows:

1. Up to one hundred thirty dollars ($130) reimbursement per month for each eligible employee who purchases a San Diego Metropolitan Transit Development Board "Ready Pass" (which includes trolley usage) or County Transit System bus pass, or "North County Transit District Coaster Plus Pass" or "Coaster 10-Trip Ticket" or similar monthly pass. Employees are eligible to participate in the Transit Pass Program after the first day of the month following their date of hire. An employee will not be reimbursed for any amount in excess of the actual cost of the pass; or

2. Up to one hundred thirty dollars ($130) reimbursement per month for each eligible employee who incurs expense as a participant in the County/Court Ride­Sharing Program.

3. Up to one hundred thirty dollars ($130) reimbursement per month for parking expenses for each eligible employee whose work location is one of the following:

• Downtown Courthouse, 220 West Broadway, San Diego, CA and the Court's new Downtown Courthouse, 1100 Union Street, San Diego CA (scheduled to open in 2017)

• Hall of Justice, 330 West Broadway, San Diego, CA

Eligibility for 1, 2, and 3 above is subject to certification by the Court that the employee has incurred an expense for the purchase of a transit pass, as a participant in the County Ride-Sharing Program, or for downtown parking. An employee will not be

21

reimbursed for any amount in excess of the actual costs of 1, 2, and 3 above or for any expense greater than one hundred thirty dollars ($130).

Employees may be reimbursed for any combination of the above three options (transit passes, ride share, and/or parking), so long as the total dollar amount reimbursed per month shall not exceed one hundred and thirty dollars ($130), and shall not exceed the actual costs incurred by the employee for options 1, 2 and/or 3 above.

ARTICLE 9. EMPLOYEE BENEFITS

Section 1. Retirement

A. Retirement benefits are provided and administered in accordance with the San Diego County Employees Retirement Association rules and regulations. As long as the Court participates in the San Diego County Employees Retirement Association, employees in regular positions in the CR unit are General members of the San Diego County Employees Retirement System.

The San Diego County Employees Retirement Association currently offers three retirement tiers: Tiers A, B and C. The San Diego County Employees Retirement Association determines the appropriate tier to which an employee is assigned based upon the employee's date of hire and other eligibility criteria. More information about the retirement benefits and formulas that apply to each tier are available from the San Diego County Employees Retirement Association. The following is a brief and general overview of the currently offered benefit formulas by the San Diego County Employees Retirement Association, as outlined on its website. Because this general overview cannot fully explain all of the laws and regulations that govern the pension benefits and/or how it is calculated, Employees should contact San Diego County Employees Retirement Association to ascertain what Tier the employee is assigned, as well as for more detailed information concerning the benefits, which may also be subject to caps and/or limits pursuant to the Internal Revenue Code, the Public Employees' Pension Reform Act, other laws and regulations governing the retirement plan, and other individual factors:

General, Tier A membership benefit formula=

3% at 60 a: 3% of final compensation (highest one-year average} at age 60 for each year of service credit

Note: The 3% at 60 formula is an approximation.

General, Tier B membership benefit formula =

2.6% at 62 = 2.6% of final compensation (highest three-year average) at age 62 for each year of service credit

Note: The 2.6% at 62 formula 1s an approximation.

22

General, Tier C membership benefit formula:=

2,5 % at 67 = 2,5 % of final 9verage compensation (highest three-year average) at age fi7 for each year of service credit

. . : ' . . .

Note: The 2.5% at 67 formula is an approximation.

The Court shall pay the rate prescribed for employer contributions into the General Retirement Fund for the applicable retirement benefit programs in accordance with the San Diego County Employees Retirement Association rules and regulations governing such employer contributions. Notwithstanding the foregoing, the employer and employee contribution rates are subject to annual San Diego County Employees Retirement Association actuarial reviews and establishment of rates.

B. Effective the beginning of the first full pay period following ratification of the Agreement, each employee shall pay, via payroll deduction, the amount prescribed by the rate established for that employee's contribution for the General benefit into the appropriate fund, in accordance with the rules and regulations governing such employee contributions. Upon termination, employees shall have no vested right in the amount of retirement funds contributed by the Court on their behalf.

C. Any employee in the CR Unit who reaches his/her 30-year retirement credit before or during the second pay period of the fiscal year shall receive a one-time lump sum payment of $1,000.00 in lieu of the Court's contribution.

Section 2. Insurance Benefits

General Information About Eligibility for Insurance Benefits

Employees employed on a full-time (80-hour biweekly) basis shall be eligible for certain Court-offered insurance benefits. Employees employed on a part-time basis who are regularly scheduled to work one-half time or more (40 hours or more in an 80-hour biweekly pay period) shall be eligible for certain Court-offered insurance benefits, but the Court's contribution to such benefits will be pro-rated based upon the number of hours the employee is regularly scheduled to work. Insurance benefits programs are governed by and administered in accordance with the terms and conditions of the agreement between the Court and the insurer. These programs may be modified upon written notice by the Court.

A. Required Benefits

All eligible employees will be required to have Court-offered medical insurance unless properly waived.

23

Exception To Required Coverage. Employees may elect not to be covered by the health insurance plans offered by the Court. This election may only be made by properly waiving coverage during the Court's open enrollment period or during the year as the result of a qualifying "change in status" as defined by Section 125 of the Internal Revenue Code. A court employee married to another eligible court employee may enroll in different health (medical, dental, vision) plans but only one employee may cover the children. A court employee may not elect duplicate coverage under their spouse's plan.

B. Optional Benefits

Eligible employees may designate optional benefits available under the cafeteria plan to which to allocate the flex credit contributions, defined below, by the Court. These optional benefits are governed by and administered in accordance with the terms and conditions of the agreement between the Court and the insurer, the Court and the plan administrator, and/or the applicable plan.

C. Court Contributions

For Plan Year 2018, the Court shall provide to all eligible employees a flex credit contribution, as defined below, which the employee can use toward medical premium costs of Court-offered plans and/or optional benefits. The Court will also provide a Medical Premium Subsidy to all employees participating in a Court­offered medical benefit plan which will be applied to reduce the employee's monthly premium cost for the selected medical plan. These are the sole amounts, which the Court will contribute towards the insurance premium costs. All other costs are the responsibility of the employee. The flex credits, provided below, shall be pro-rated for benefits-eligible part time employees [employees who work less than 80 hours in a biweekly pay period who are regularly scheduled to work one-half time or more (40 hours or more in an 80-hour biweekly pay period)] based upon the number of hours the employee is regularly scheduled to work, according to this Memorandum of Agreement or a part time agreement between the Court and the employee. Additional hours worked shall not be eligible to be considered when computing the pro-rated contribution. The Medical Premium Subsidy, provided below, is not pro-rated for part-time employees, but the part-time employee must satisfy the eligibility requirements to receive the Medical Premium Subsidy.

24

1. Effective Plan Year 2018

The following Medical Premium Subsidies, when applicable, and Flex Credits will be contributed by the Court for eligible employees working 80 hours in a biweekly pay period effective the beginning of Plan Year 2018:

TWICE MONTHLY CONTRIBUTIONS BY THE COURT

Enrollment Level Medical Flex Total Court Premium Credit Contribution Subsidy Allowance

Waive Medical Coverage N/A $207.72 $207.72

Employee Only $112.40 $207.72 $320.12

Employee + One $261.56 $207.72 $469.28

Employee+ Family $447.56 $207.72 $655.28

Effective the beginning of the new benefit plan year in 2019, the Court shall increase the total Court's contribution by seven percent (7%) of the prior year's total Court contributions to the Employee Only, Employee + One and Employee + Family amounts as defined above. This total amount will continue to be split between a Medical Premium Subsidy (of an amount to be determined by the Court, in compliance with applicable policy/legislation), and a Flex Credit Allowance (comprising the remainder of the increased total Court contribution). Employees who waive coverage will receive the Employee Only Flex Credit allowance.

D. Effective Dates of Eligibility For Flex Credits and/or Medical Premium Subsid

The effective dale of eligibility for the Flex Credit and/or Medical Premium Subsidy, when applicable, for new employees shall be the first day following the month of hire of an eligible employee provided that the employee has completed the online enrollment and/or returned all enrollment forms to Court Human Resources by the end of the month of hire. On-line enrollment must be completed and all forms must be received in the Court's Human Resources Department within thirty (30) days of hire in order for benefits to commence. Benefits will then commence on the first of the month following receipt by the Court's Human Resources Office. Employees who fail to complete the enrollment process or properly waive medical coverage will be automatically enrolled in a Court-offered medical plan. Employees can only change such coverage in accordance with the plan requirements. Eligibility shall terminate on the last day of the month in which an employee last had paid service provided that the employee's portion of the health insurance premium is paid for such period.

25

E. Cafeteria Plan

All eligible employees regardless of enrollment level in the medical benefit plans offered by the Court may participate in the cafeteria plan established by the Court and may allocate flex credits contributed by the Court toward any of the following:

1. Medical premiums (if the employee is enrolled in a Court-offered medical plan);

2. Dental/vision premiums of Court-offered plan;

3. Court-offered Supplemental life insurance premiums;

4. Court-offered Supplemental Accidental Death and Dismemberment (AD&D) premiums;

5. Spending Accounts/Savings Accounts as applicable that may be offered under the plan; or

6. Cash (which is taxable income to the employee).

The above options are subject to modification and/or elimination by the Court based upon consideration of legal and/or compliance requirements and/or limitations, including but not limited to affordability requirements under the Affordable Care Act, and non-discrimination testing limitations. The Court shall provide the Union with 60 days' notice of any such modification/elimination and provide it the opportunity to meet and confer upon request by the Union.

F. Domestic Partner

An employee may elect to cover a Registered Domestic Partner or non­registered domestic partner under the Court's medical, dental or vision plans. To cover a Registered Domestic Partner, the employee must submit a copy of the State Registration Certificate to the Department of Human Resources. To cover a non-registered domestic partner or the non-registered domestic partner's dependent(s), the employee must meet and agree to the specifications set forth on an "Affidavit for Enrollment of Domestic Partners." The employee must submit the affidavit to the Department of Human Resources.

G. Life Insurance

The Court provides basic Life Insurance for each eligible employee and for each eligible dependent and basic Accidental Death & Dismemberment insurance for each eligible employee.

26

H. Deferred Compensation

Employees shall be eligible to participate in the Deferred Compensation Program provided and administered by the County's selected administrative agent (or agency), subject to the terms, conditions and eligibility requirements of the County and/or the program.

ARTICLE 10. PERSONNEL PRACTICES

Section 1. Probationary Period

Employees appointed to classes in the CR Unit shall serve a probationary period of twelve (12) months.

1. The probationary period shall date from the time of appointment to a regular position. Continuous active service under a temporary appointment in the same class shall be counted toward completion of the probationary period.

2. It shall be the duty of the Executive Officer during the probationary period of each employee to evaluate the performance and conduct of such employee, to determine whether the employee is fully qualified for employment.

The Executive Officer shall dismiss a probationer who is found incompetent to fulfill the duties of the position to which he/she is appointed.

A probationer dismissed at any time within the probationary period shall have no right to appeal in regard to his/her separation or performance appraisal, unless provided by law or expressly permitted by the Personnel Rules.

Employees may receive up to six (6) months credit toward their twelve (12) month probationary period for Pro Tern work performed for the San Diego Superior Court within the twelve (12) months preceding date of hire. The employee shall be responsible for providing the Court with evidence of Pro Tern work.

Section 2. Layoff Procedures

REDUCTIONS IN WORK FORCE ("LAYOFFS")

A. Policy Statement

Due to organizational necessity, the Executive Officer may determine that a reduction in work force is necessary for any of the following reasons:

27

1. Lack of funds;

2. Lack of work;

3. Reduction in program; or

4. Reorganization or consolidation.

The Executive Officer may establish a layoff list by classification/position within a program or function of the Court in accordance with this rule. The Executive Officer shall identify the program or function that is subject to a reduction in work force.

B. Order of Layoff

C.

When the Executive Officer has determined that a reduction in work force is necessary, employees in the CR bargaining unit shall be laid off on the basis of a seniority rating of the employees in the class of layoff, lowest rating first. The layoff order of employees with equal layoff ratings shall be at the Executive Officer's discretion.

Seniority Layoff Ratings

For employees in the CR bargaining unit who were hired by the Court prior to December 12, 2014, layoff will be based on the seniority layoff rating points transferred from the County to the Court on or about December 12, 2014 (in conjunction with the Court taking over payroll functions), and the seniority layoff rating points accrued thereafter. The Union agrees to accept as accurate the seniority layoff rating points transferred from the County to the Court, as referenced above.

As to those employees who were laid off prior to December 12, 2014 who were or may be reinstated to employment with the Court after December 12, 2014, the seniority layoff rating points shall be based on the seniority layoff rating points included in the report, dated August 20, 2012 which is attached to this Memorandum of Agreement as "Appendix C", as well as any seniority layoff rating points the employee(s) may accrue for service with the Court after December 12, 2014. The Union agrees to accept as accurate the seniority layoff rating points for such employees, as reflected in the report, dated August 20, 2012.

For employees in the CR bargaining unit who were hired December 12, 2014 or later, layoff will be based on the seniority layoff rating points accrued based on Court only service that took place on or after December 12, 2014, and shall not include any time for service with the County.

28

D.

For all court reporter employees, seniority layoff rating points that accrue on or after December 12, 2014 are based on the total time that the employee was continuously in the service of the Court. The employee accrues one point for each hour of paid service at the Court, excluding all unpaid leaves or period of suspension, but includes short-term voluntary work furloughs and voluntary time off. All seniority layoff rating points are lost upon resignation, dismissal or separation from Court service except as provided in the Reemployment of Employees Laid Off section below.

Reemployment of Employees Laid Off

Any employee who has been laid off and subsequently reemployed in the same class of layoff within three years of layoff, shall regain his/her seniority layoff rating points possessed at the time he/she was laid off (for those employees laid off before December 12, 2014, who were or are reinstated on or after December 12, 2014 (within three years of layoff), the employee will regain his/her seniority layoff rating points as reflected in the August 20, 2012 report), which shall count for purposes of vacation accrual rate and step increase. In addition, the employee's sick leave balance (except for that portion for which the employee was paid cash at the time of layoff) and compensatory time balance accrued as of layoff shall be reinstated.

E. Voluntary Layoff

F.

When the Executive Officer has determined a layoff in a specific class is necessary, an employee in that class may volunteer, with the approval of the Executive Officer, to be laid off regardless of the employee's layoff rating. An employee who is voluntarily laid off will retain the same rights as any other employee who is laid off.

Demotion in Lieu of Layoff

The Executive Officer at his/her discretion may permit an employee to demote to a lower class providing such demotion does not cause the layoff of an employee with a higher layoff rating.

G. Mandatory Unpaid Furlough

Notwithstanding any provision in this MOA or elsewhere to the contrary, including but not limited to Article 5, "Wages," the Executive Officer at his/her discretion may implement a mandatory unpaid furlough in lieu of, or in addition to, the layoff procedure. The details, duration and specific dates of the furlough will be as determined by the Executive Officer.

29

H. Notice of Layoff and/or Unpaid Furlough

I.

The Executive Officer will provide thirty (30) calendar days' notice to an employee determined to be laid off, or ten (10) calendar days' notice prior to the initial commencement of a period of unpaid furlough days.

Grievance

The Executive Officer's determination that a layoff or mandatory furlough is necessary, and his/her discretion in determining the details, duration, order of layoff and any exceptions, shall not be subject to the grievance procedure in this Memorandum of Agreement (Article 11) or any other appeal.

Section 3. Labor/Management Committee

At the request of either party, Management and Union representatives will schedule a bi-monthly meeting for the purpose of facilitating an open dialogue and the sharing of information of mutual interest. The parties may meet more often upon mutual agreement of both parties. The party requesting such meeting will provide the other with a list of subjects to be discussed at least ten (10) days in advance of the meeting. Such meetings shall not preclude periodic informal meetings mutually agreed upon between the parties, and shall be without prejudice to the rights of either party to meet and confer on matters within the scope of representation.

Section 4. Professional Development

The Court shall grant up to two days of release time per fiscal year for court reporters to attend job-related training or conferences. Such release time shall be subject to supervisor approval contingent on sufficient coverage. The Court will make every reasonable effort to grant release time for this purpose.

Section 5. Ergonomics

The Court agrees to provide ergonomically correct chairs to court reporters upon request for both their office and courtroom workstations. The Court will make every effort to offer a chair selection to meet reasonable individual needs at a reasonable cost. The Court reserves the right to limit the number and cost of the chairs offered. Requests for other appropriate ergonomic office furniture will be reviewed on a case-by­case basis based on recommendations from a medical provider.

Section 6. Involuntary Reassignment

When the Court decides to reallocate branch assignment(s) as a result of a work force reduction, the Court will first seek volunteers from the employees at the branch from which the reassignment will take place ("original branch"). In the absence of sufficient volunteers, the Court will reassign the least senior employee or employees at the

30

original branch to the new branch assignment. In the event there is a seniority tie, the employee in the original branch who lives in the closest proximity to the new branch assignment location shall be reassigned.

The Court shall provide a minimum of fourteen (14) days' notice regarding such reassignment.

ARTICLE 11. GRIEVANCE PROCEDURE

The following grievance procedure is established by the Superior Court and shall be followed in resolving grievances filed by employees of the Court. The purposes and objectives of the procedures are:

1. Assure fair and equitable treatment of all employees and promote harmonious relations among employees and management. Specifically, the grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal. The Court is committed to resolving employee grievances in a fair, just, and equitable manner.

2. Encourage the settlement of disagreements informally at the employee­supervisor level and provide an orderly procedure to handle grievances.

3. Resolve complaints quickly, and correct, if possible, the cause of any future similar complaints.

4. Whenever possible, grievances will be processed during the regularly scheduled working hours of the parties involved.

A. Definitions

1. "Grievance" - A grievance is defined as an allegation by an employee, a group of employees or the union that the Court has failed to provide a condition of employment which is established by this MOA or a written Court Rule which comes under the control of the Executive Officer and which is alleged to have negatively affected an employee in the CR Unit. This grievance procedure shall not apply to matters:

a. Concerning disciplinary action, allegations of discrimination, harassment, including sexual harassment, and the selection and promotion policy;

b. Concerning transfer or assignment of employees; or,

31

c. Concerning Performance Reports (covered under separate provisions in the Personnel Rules).

2. "Reviewable Grievances" - To be reviewable under this procedure, a grievance must:

a. Concern matters, conditions, incidents or omissions that have occurred;

b. Arise out of a specific situation, act or acts, or omissions; and

c. Specify the relief sought.

3. "Employee" - Employees in the CR bargaining unit.

4. "Immediate Supervisor" - The individual who assigns, directs and evaluates the work of the employee submitting the grievance.

B. Stale Grievance

C.

A grievance shall be void unless filed in writing within forty-five (45) calendar days from the date upon which the Court is alleged to have failed to provide a condition of employment which has been established by this MOA or Court Rule, or within forty-five (45) calendar days from the time an employee might reasonably have expected to have learned of the alleged failure. The time may be extended or the time limit waived by the Executive Officer in writing for good cause.

Informal Discussion with Employee's Supervisor/or Designated Party

Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with his/her immediate supervisor in private and attempt to work out a satisfactory solution. The supervisor has five (5) working days to respond orally to the employee with a decision.

If the matter being grieved is not within the purview of the supervisor, the supervisor shall consult with his/her manager about the most appropriate level of review of the grievance. If there is a question about the most appropriate level of review, the manager shall contact the Director of Human Resources for consultation about who should meet with the employee.

If the supervisor is not determined to be the appropriate level of review for the informal discussion, the Executive Officer shall designate an appropriate party to meet with the employee. Once this is determined, the employee shall be notified about whom he/she should contact for the informal discussion.

32

D.

Union-initiated grievances not within the purview of a particular supervisor may be filed with the Director of Human Resources. The Director of Human Resources shall consult with the Executive Officer who shall designate an appropriate party to meet with the employee. The employee shall be notified about whom he/she should contact for the informal discussion.

Formal Written Grievance to Employee's Supervisor/or Designated Party

If the employee and the immediate supervisor or other designated party cannot work out a satisfactory solution, the employee may then choose to formally pursue the grievance. The employee may represent herself or himself individually, or may request the assistance of a union representative.

If the employee chooses to formally pursue the grievance, he/she shall present the written grievance to his/her immediate supervisor or the designated party within seven (7) working days after a response from the supervisor or designated party, so long as the grievance is not stale. The written grievance shall specify the dates, times, places and persons, and other facts necessary to arrive at a clear understanding of the matter being grieved. The immediate supervisor or designated party shall return a copy of the written grievance to the employee with his/her answer in writing within seven (7) working days after receipt of the written grievance. If the grievance is not resolved at this level, the employee shall have seven (7) working days from receipt of the answer within which to file an appeal to the next level.

E. Grievance to Manager or Next Higher Level

The Manager or next higher level shall have seven (7) working days in which to review and answer the grievance in writing after receipt. Although no meeting is required at this level, the employee and their union representative may be present at and participate in any such meeting that the Manager or next higher level, may choose to conduct. If the grievance is not resolved at this level the employee shall have seven (7) working days from receipt of the written answer within which to file a written appeal to the Executive Officer.

F. Waiver of Appeal Steps

If the grievance is not resolved after the immediate supervisor or designated party has answered it in writing, the grievant and the Executive Officer or the Executive Officer's designee, may by mutual agreement waive review of the grievance at the Manager or higher level and proceed to present the grievance to the Executive Officer.

33

G. Grievance to Executive Officer

H.

The Executive Officer shall assign a Review Officer to review the grievance within five (5) days of receipt of the written appeal.

Duty of the Review Officer

It shall be the duty of the Review Officer to hear and consider evidence submitted by the parties and to prepare a summary of facts and a recommendation for disposition of the grievance, in consultation with the Courts Personnel and Legal Services Departments, to be submitted within fifteen (15) working days after the review to the Executive Officer. The time limit at this level may be extended by mutual agreement of the Review Officer and the employee.

The recommendation of the Review Officer shall be based solely on the interpretation of the appropriate provisions of the MOA or Court Rule which comes under the control of the Executive Officer applicable to the grievance, and the Review Officer shall not add to, subtract from, modify or disregard any of the terms or provisions as applied to the facts set forth. The recommendation of the Review Officer is advisory to the Executive Officer.

The provisions for the hearing are not intended and shall not be construed to empower the Review Officer to change any condition of employment specifically covered by the MOA which comes under the control of the Executive Officer, or to revise, modify or alter in any respect any provision contained in the Court Rule or MOA which comes under the control of the Executive Officer.

I. Final Decision

The Executive Officer shall review the Review Officer's findings and recommendation for disposition of the grievance and render a decision, within five working (5) days. The Executive Officer's decision is final. The employee shall be provided a copy of the Review Officer's report and notified of the Executive Officer's decision in writing. The Union shall be provided a copy of the Review Officer's report and notified of the Executive Officer's decision in writing on Union-initiated grievances.

ARTICLE 12. DISCIPLINE POLICY

A. Policy Statement

It is the policy of the San Diego Superior Court that, for non-probationary CR unit employees, discipline up to and including termination shall be For Cause and in accordance with the provisions of this policy. For Cause is a fair and honest cause or reason, regulated by good faith.

34

B.

C.

The existence of a For Cause policy shall not be construed to provide, either explicitly or implicitly, a civil cause of action for breach of contract, either implied or expressed. The exclusive procedure for any employee seeking a remedy who believes the Court has not complied with this employment protection system or who challenges a disciplinary decision shall be to utilize the appeal procedure set forth in this Article.

Covered Employees

All non-probationary CR unit employees.

Progressive Discipline

1. Depending on the severity and/or frequency of the impermissible conduct, the Court may take one or more of the following actions:

• Counseling;

• Oral Warning;

• Oral Reprimand;

• Written Warning;

• Written Reprimand;

• Transfer or reassignment, so long as there is no reduction in base pay (It is not the intent of the Court, however, to transfer employees between branch locations for disciplinary reasons);

• Removal - permanent separation and termination from court service;

• Demotion - reduction to a lower level class with a lower maximum pay or a reduction to a lower pay step in the same class;

• Suspension - a temporary involuntary absence without pay from court service.

2. Only removal, demotion or suspension may be appealed. An employee may, however, provide a written response to any other preliminary discipline. The response will be maintained in the employee's personnel file if so requested by the employee.

35

D.

To the extent that any removal, demotion, or suspension decision is predicated on preliminary discipline that could not itself be appealed, an employee may challenge such preliminary discipline within the context of the appeal process set forth herein. This challenge is solely limited to the question of whether the preliminary discipline was warranted or not and thus whether it can be relied upon by the Court to support the discipline that is being appealed.

Causes for Disciplinary Action

The list below of specific types of impermissible conduct is not exhaustive but is provided merely as a guide to illustrate some types of conduct which provide cause for disciplinary action up to and including immediate discharge. Disciplinary action may also be taken for any other just cause not listed below. Causes for disciplinary action against any employee shall include, but shall not be limited to:

(1) Incompetency;

(2) Inefficiency;

(3) Insubordination;

(4) Dishonesty;

(5) Intemperance and/or being under the influence of alcohol and/or drugs during work hours;

(6) Unfitness for the position;

(7) Discourteous treatment of the public or other employees;

(8) Falsifying or altering court records, including a court examination or in relation to seeking employment;

(9) Tardiness;

(10) Conviction of a felony or any criminal offense involving moral turpitude. The word convicted shall be construed to mean a conviction by verdict, by plea of guilty, upon a judgment against the employee, upon a demurrer, or upon a judgment of a court, a jury having been waived, without regard to subsequent disposition of the case by suspension of sentence, probation, or otherwise. The words moral turpitude shall be construed to mean any act of baseness, vileness or depravity; or any act contrary to justice, honesty, modesty or good morals; or any act done with deception, or through corrupt motives.

36

(11) Through gross negligence or willful misconduct the employee has caused damage to public property or waste of public supplies;

(12) Any conduct unbecoming an officer or employee of the court;

(13) Absence without leave or failure to report after leave of absence has expired;

(14) Violation of any of the provisions of the Personnel Rules, as amended from time to time, that concern employee conduct;

(15) Improper use of sick leave privileges;

(16) Unsatisfactory job performance;

(17) Failure of good behavior;

(18) Any other act that is incompatible with or inimical to the public service;

(19) Engaging in business or accepting outside employment, while an employee of the Court, which is inconsistent, incompatible or in conflict with or inimical to assigned duties as a Court employee;

(20) Failure to maintain standards, licenses, qualifications or training required for a specific position;

(21) Discrimination, including harassment;

(22) Obstruction of the Court's statutory or constitutional function;

(23) Placing an employee or the public at risk;

(24) Failure by Court Reporters to prepare transcripts timely;

(25) Any other just cause.

E. Notice of Proposed Action

1. Before a Court Manager issues a written order of disciplinary action which suspends, demotes or removes an employee pursuant to this policy, the following safeguards shall be followed:

(a) Notice of the proposed action,

(b) The reason therefore,

37

(c) A copy of the charges,

(d) An opportunity to examine any materials upon which the action is based and,

(e) The right to respond, either orally or in writing, to the Court Manager imposing the discipline.

2. Except as otherwise provided, an employee against whom disciplinary action of suspension, demotion or removal is proposed is entitled to remain in active status during the notice period. In the event the Court Manager issuing the proposed discipline determines that it is appropriate, he/she may place the employee on leave or temporarily transfer the employee.

If the employee cannot be found at employee's place of work or residence for notification of proposed discipline, the Court Manager issuing the proposed discipline may thereafter proceed to impose discipline in the manner required by these rules.

If after notice, and consideration of the employee's response, the Court Manager issuing the proposed discipline decides not to discipline the employee, the employee shall be so notified in writing.

F. Written Order of Disciplinary Action

G.

The Court Manager issuing the discipline shall cause to be served on the employee, either personally or by sending a notice to the employee's last known address, a written order stating the specific disciplinary action and the factual grounds therefore. It shall be the responsibility of the employee to advise the Personnel Office of his or her current address.

Service on the last address provided by the employee shall be deemed adequate. Disciplinary action shall take effect at the conclusion of the notice period of the written order.

Employee Appeal of Disciplinary Action

1. If the employee is not satisfied with a written order of disciplinary action which suspends, demotes or removes the employee pursuant to this policy, the employee or the Union may present a formal appeal in writing to the Executive Officer within ten (10) calendar days of service of said order. Appeals shall be conducted in accordance with this policy.

2. The appeal shall contain information identifying:

38

(a) The aggrieved;

(b) The specific grounds upon which the appeal is based;

(c) The provision(s) of this MOA or Court Rule, if any, alleged to have been violated, improperly interpreted, applied, or misapplied; and

(d) The corrective action desired.

3. The Executive Officer or designee shall, within twenty (20) working days, investigate the matter and convey a decision to the aggrieved in writing with copies to the Union and the Steward representing the employee.

4. If the employee is not satisfied with the written decision, or if the employee has not received a response within the twenty working day limit set forth above, the Union may request that the appeal be referred to an impartial arbitrator. The request for arbitration shall be directed in writing to the Executive Officer and must be made within fifteen (15) working days of receipt by the Union of the Executive Officer's decision or the expiration of the twenty day period, whichever is sooner. A pre-arbitration meeting shall be held at the request of either party, at which the grievant may be accompanied by his or her Steward.

5. If no request for arbitration is made within the foregoing time periods, the decision of the Executive Officer shall be final and binding. If the Executive Officer fails to respond in writing and the Union fails to timely request arbitration, the decision of the Court Manager issuing the discipline shall be final and binding. In either case, a failure to timely request arbitration shall be deemed a waiver of the right to arbitration.

H. Arbitration

No appeal shall be arbitrated without the written concurrence of the Union. Within forty-five calendar days of the receipt of the request for arbitration, the Court and the Union shall select an arbitrator. The parties shall endeavor to agree to an arbitrator, and absent agreement the arbitrator shall be selected by striking from the panel of arbitrators obtained from State Mediation and Conciliation Services (SMCS). The arbitrator must have experience in labor-management and employment matters. The decision of the arbitrator shall be final and binding.

The fees and expenses of the arbitrator (including transcription fees) shall be borne equally by the Union and the Court and each party shall bear its own arbitration expenses.

39

ARTICLE 13. AGREEMENT, MODIFICATION, WAIVER

A. This MOA sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements over these matters between the parties, whether formal or informal, are hereby superseded or terminated in their entirety.

B. Except as specifically provided herein, it is agreed and understood that the parties hereto reserve the right, upon mutual agreement, to meet and confer in good faith with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this MOA.

C. Unless otherwise permitted by this MOA or required by law, no agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the Court.

D. The waiver of any breach, term or condition of this MOA by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

ARTICLE 14. PROVISIONS OF LAW

This MOA is subject to all current and future applicable Federal, State, and local laws or regulations.

If any part or provision of this MOA is in conflict or inconsistent with such applicable provisions of Federal, State or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOA shall not be affected thereby.

ARTICLE 15. NO STRIKE/LOCKOUT POLICY

During the term of this MOA, the Union, its officers, agents, representatives, stewards and members, and all other employees shall not, in any way, directly or indirectly, engage in any strike, sympathy strike, slowdown, work stoppage, picketing, or any other interference with or interruption of work at any of the Court's operations. The Court agrees that it will not lock out employees.

Any employee engaging in activity prohibited by this Article, or engaging in an unlawful work stoppage, shall be subject to disciplinary action, up to and including discharge.

40

ARTICLE 16. REOPENER

In the event the Court does not have sufficient funding to fully implement the Negotiated Salary Increases (NSls) agreed to and scheduled in accordance with this Memorandum, the parties agree to reopen the wage provisions of the MOA in year two at the request of the Court, and to meet and confer regarding alternative provisions.

In the event the Court receives excess ongoing funds which are available for salary over and above the negotiated salary increase (NSI) for year two, the parties agree to meet and confer with respect to wages upon request by the Union.

Notwithstanding the above provisions, the Union and Court agree not to invoke the terms of this reopener provision (Article 16) during the term of this Memorandum of Understanding, and expressly waive the right to do so.

ARTICLE 17. TECHNOLOGY

Section 1. Internet Access

The Court shall provide, as soon as feasible within the term of this contract, internet access via data port for all Court Reporters for use in their work. The Court will make every effort to implement this by January 1, 2011.

Section 2. Westlaw

The Court shall provide, for the term of the contract with Westlaw, a designated generic Court Reporter login for each location (Central, East, North and South) that Court Reporters may use to access Westlaw.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Agreement.

Date:

Date:

FOR THE SAN DIEGO SUPERIOR COURT:

MICHAEL RODDY EXECUTIVE OFFICER

LYN BELL DIRECTOR, HUMAN RESOURCES

41

Date: _________ _

Date: ----------

Date: ----------

Date: _________ _

Date: _________ _

Date: _________ _

Date: _________ _

Date: _________ _

Date: ----------

TERRI BREWTON ASSISTANT EXECUTIVE OFFICER

STEPHANIE CVITKOVICH SENIOR HUMAN RESOURCES ANALYST

KRISTEN MATTERN HUMAN RESOURCES ANALYST

FOR THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 221, CLC (CR UNIT):

DAVID GARCIAS PRESIDENT SEIU, LOCAL 221

KAREN PAREDES-TUPPER SEIU, LOCAL 221

SUE HOLTHAUS COURT REPORTER

JIM PARTRIDGE COURT REPORTER

LORI SHAPIRO-DANZER COURT REPORTER

42

Date: ----------

Date: _________ _

SANDRA QUINN-SMITH COURT REPORTER

RUSSELL WALKER COURT REPORTER

GINA VILLEGAS COURT REPORTER

43

APPENDIX "A"

APPENDIX "B"

LETTERS OF UNDERSTANDING

LETTER OF UNDERSTANDING l!letwNn

THE SAN DIEGO SUPERIOR COURT And

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 221 COURT REPORTER (CR) UNIT

SIDE LETTER

1. BACKGROUND Reporting notes are official records of the court (Government Code section 89955.

2. ELECTRONIC STORAGE

Official and per diem court reporters will store their electronic notes, . effective as ·eoon as fusible, with a third-party off-site vendor under contract with the San Diego Superior Court. Official and per diem court

. reporters may voluntarily store other files such as master didlonarles, job dictionaries, realtlrne files, et ootera, with the vendor under contract with the San Diego. Superior Court.

a) At all times, court reporters will have at least two duplicate backup copies of their electronic notes stored in a manner and place that reasonably assures its pNtl!leMltion as 19quired by Government Code Section 89955, subdivision. (d). The duplicate backup copies must be stored on two different media. Examples of acceptable backup media Include: Paper notes, original stano writer disks, steno writer memory cards, CD's, or external hard drives.

b) Official court reporters will upload their notes to the third-party vendor's site from either the kiosk or their own computer on a daily/weekly basis. Per diem court reporters will upload their notes to the third-party vendor's site from either the kiosk or their own . computer on a daily basis.

c) Court reporters will store duplicative backups for the time periods specified in Govemment Code Section 89955, subdivision (e).

d) San Diego Superior Court will monitor compliance with this , .,,, provision. If a court reporter is delinquent, an email notification will be sent to the court reporter.

e) AH storage costs associated with electronic storage will be paid by San Diego Superior Court.

f) Effective October 1, 2010, court reporters may discontinue the storage of paper notes. However, court reporters must still have at least two backup copies of their notes stored pursuant to section 2 a) above. Once the off-site vendor has been identified, all reporters shall be required to upload all notes retroactively to October 1, 2010.

g) The court will make every effort to implement electronic storage by July 1, 2011

3. FORMAL WRITTEN FINDING TO ACCESS UPLOADED ELECTRONIC FILES

If no other provisions have been made by the reporter to produce his/her transcripts, and after written notice to the court reporter, the Court Executive Officer (or deslgnee) after a formal hearing with an appropriate reporter union representation and the court reporter, if available, may make a determination that there is justification for an order entitling the Court access to files that have been uploaded by the reporter.

If a reporter is declared incompetent by the Court of Appeal, under Government Code Section 69944, and the Superior Court is ordered to produce a transcript, no formal hearing is required for the Court to access the electronic notes.

The formal findings justifying the Court Executive Officer's order to access these files are as follows:

1. The court reporter is deceased; or 2. The court reporter is incapacitated, incompetent, and/or

otherwise unable or unwilling to complete the transcript(s); or 3. After a reasonable search, the court reporter cannot be located;

or 4. After termination of employment, the reporter has signed a

waiver of the right of first refusal to produce transcripts.

In the event, there are no volunteer court reporter employees available to produce the transcript(s), the supervising court reporter may recommend other appropriate court action to the Court Executive Officer.

APPENDIX "C"

AUGUST, 2012 LAYOFF RATINGS REPORT

Court Reporter Seniority List as of August 20, 2012

92022 Court Reporters Cenfral 6/3/2011 2,480 ~heeler,Traci L Cou(t Reporters East 6/3/2011 2,480 o'r . - .,,,,.,

;!14!~~~'" - ,_ ~· . -~W&~.·-·· . m .. -=~ * ~~; 047249 Saruk,Dana G 92022 Court Reporters Central 4/22/2011 2,720 046673 Castro,Joanne S 000540 Court Reporter 91257 Court Reporters North 1/14/2011 3,280 046672 Lother,Christina P 000540 Court Reporter 91257 Court Reporters North 1/14/2011 3,280 045598 Kowalski,lorl 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters South 6/18/2010 4,480 045600 Medlna,Adela 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 6/18/2010 4,480 040100 Gome2,Georgina 000544 Court Reporter-Sup Ct (T) 92022 Court Reporters Central 1/18/2008 5,928 042411 Aberle.Kira 000544 Court ReportAr- Sup Ct (T) 92257 Court Reporters South 10/24/2008 71920 032897 Pence1James C 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 9/26/2008 8,072 042108 Cosio,Monica 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters South 9/26/2008 8,080 009,566 Pea body ,Dana 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 1/19/2007 9,505 040099 Haro,Brianna 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters South 1/18/2008 9,512 011147 Langgle,Katie L 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 12/21/2007 9,680 007071 Heywood,Rosanna 000544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 11/9/2007 9,819 03.9597 Bollschweiler, Laura 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters East 11/23/2007 9,832

000544 Cou~ ,Re(lorter- Sup~~ (T) 92022 .<:,ourt Repo~ters _Ce~t_r~I 11/23/2007 9,832 .-. w ~~-·

, ,, _ -~1,_; · · __ ,ecJ:;:0, ~--~ Uhuru,Unda 000544 Court. Reporter-Sup Ct {T) 92022 Court Reporters Central 5/27/2005 9,912 Possell,Chari 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Centrat 3/2/2007 11,360

035424 Medina,Yvonne 000544 Court Reporter-Sup Ct (T) 92022 Court Reporters Central 4/14/2006 11,740 037317 Walker,Charles 000544 Court Reporter- Sup Ct (T} 92257 Court Reporters South 12/22/2006 11,760 037243 Ellis,Taryn 000544 Court Reporter- Sup Ct {T) 92022 Court Reporters Central 12/8/2006 11,840 037242 laird,Annette 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters South 12/8/2006 11i840 037053 Depweg,Cynthia 000544 Covrt Reporter- Sup Ct {T) 91827 Court Reporter5 East 10/27/2006 12,080 035418 Wilkins,Melanie 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters fast 4/14/2006 12,726 034742 Wilkinson,Jessica L 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters East 1/6/2006 12,862 035980 McPhaU,Thomas 000544 Court Reporter-Sup Ct (T) 91827 Court Reporters East 6/9/2006 12,880 035559 Siino1Peggy 000544 Court Reporter- Sup Ct (Tl 92022 Court Reporters Central 4/28/2006 13,120 035421 Eddy,Chrlstine 000544 Court Reporter- Sup Ct (Tl 92022 Court Reporters Central 4/14/2006 13,lSG > 035416 Christians,Trudy L 000544 Court Reporter-·Sup Ct (T) 92022 Court Reporters Central 4/14/2006 13,171

Page 1 of4

Court Reporter Seniority List as of August 20, 2012

Y&WiliMAMilffl1PffliiAWMd ±iWM"fflliil\iiiiiiiW,W&i&Ri ++B-035425 Pineda,Armando 000544 Court Reporter- Sup Ct (T) 92022 court Reporters Central 4/14/2006 13,200 035217 Tiess,Peggy 0 000544 Court Reporter~ Sup Ct (r) 91257 Court Reporters North 3/17/2006 131359

035029 Toney,SueAnn 000544 Court Reporter-Sup Ct (T) 91257 Court Reporters North 2/17/2005 13,520

034808 Goodspeed,Danielle E 000544 Court Reporter-Sup Ct (T) 91827 Court Reporters East 1/20/2006 13,680

034827 Mendoza,Teresa D 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters East 1/20/2006 13,680

034743 lves,Joyce B 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters East 1/6/2006 13,720

027644 Minahan,Monique 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 4/19/2002 13,920

034245 Penn,Barbara E 000544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 10/28/2005 14,160

031705 Neuenswander,Michelle 000544 Court Reporter-Sup Ct (T) 92022 Court Reporters Central 8/6/2004 14,163

033719 Tuller,leanne 000544 Court Reporter-Sup Ct (T) 92022 Court Reporters Central 8/19/2005 14,556

033021 OzbunJori R 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 5/27/2005 14,600

032899 Uoyd,Nyree 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters· South 4/29/2005 14,630

033257 Blackwill,Nancy J 000544 Court Reporter~ Sup Ct (T) 91257 Court Reporters North 6/24/2005 14,855

033020 Rilling,Lori A 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 5/27/2005 15,040

032747 Ervin,Tamela 000544 Court Reporter- Sup Ct (T) 92022 court Reporters Central 4/1/2005 15,271

032752 Hill.Katherine 000544 Court Reporter- Sup Ct (T) 91827 Court Reporters East 4/1/2005 15,307

032748 Perkins1lrene 000544 Court Reporter-Sup Ct (T) 92022 court Reporters Central 4/1/2005 15,360

032344 Bloom,Angela 000544 Court Reporter- Sup Ct (T) 92257 court Reporters South 1/7/2005 15,761

032137 Follis,connle 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 11/12/2004 16,080

D31755 Evans,Vanessa 000544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 8/6/2004 16,265

017504 Giannantonio,Janet F 000544 Court Reporter- Sup Ct (T) 91257 court Reporters North 7/23/2004 16,824

029270 Dayton.Lily M 000544 Court Reporter-Sup Ct (T) 91257 Court Reporters North 9/20/2002 17 1026

031416 Salaz,Joanne 000544 Court Reporter- Sup Ct (T) 92022 Cpurt Reporters Central 3/19/2004 17,355

031502 Kosmata 1Steven 000544 Court Reporter- Sup Ct {T} 92022 Court Reporters Central 4/16/2004 17,360

031033 Montes,Carol 000544 court Reporter- Sup Ct (T) 92022 Court Reporters Central 12/2/2003 18,144

030933 Pletcher,Tamara K 000544 Court Reporter~ Sup Ct {T} 92022 Court Reporters Central 10/17/2003 18,399

025779 Sm[th,Sandra Quinn 00D544 Court Reporter~ Sup Ct {T) 92022 Court Reporters Central 9/21/2001 18,504

029000 Ormrod,Rindy 000544 Court Reporter- Sup.Ct {T) 92257 Court Reporters South B/23/2002 20,292

008257 Wood,Debbie K 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 1/14/2000 20,552

028999 Lau,Suzanne 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 8/23/2002 20,800 014107 Scofidio,Angelka C 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 5/21/1999 21,212 027647 Ashe,Betty 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Cer1tral 4/19/2002 21,507

Page 2 of 4

Court Reporter Seniority List as of August 20, 2012

Ii I @WM. 1""9/!!fllllllllllMtlW\iiiliiilM4i+llfliMM!jfj 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 4/19/2002 21,520

4/19/2002 21,520 027645 Holthaus,Susan 000544 Court Reporter- Sup Ct {n 92022 Court Reporters Central 012578 Moreno1Judith 000544 Court Reporter-Sup Ct (T} 92022 Court Reporters Central 3/26/1999 22,080 017885 Ryalls,Lisa A 000544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 3/23/2001 23,726 012929 Goodhue,Lynda 000544 Court Reporter- Sup Ct (T) 92022 court Reporters·central 3/26/1999 23,735 006408 Priest,Lori-ann 000544 Court Reporter- Sup Ct (T} 91257 Court Reporters North 3/23/2001 23,759 011784 Grady,Celette C 000544 Court Reporter- Sup Ct {T) 91257 Court Reporters North 3/23/2001 23,760

003545 Shapiro-Danzer1Lori 00.0544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 12/15/2000 24,294 018791 Villegas,Gina 000544 Court Reporter- Sup Ct (Tl 92257 Court Reporters South 3/26/1999 24,461

.~.--aa- ~~~--~•~i•*i11 009332 Bi!lings,Jamie 000544 Court Reporter~ Sup Ct (T) 92022 Court Reporters Central 9/8/2000 24,872 017457 Comford,Catherine 000544 Court Reporter- Sup Ct (T} 91257 court Reporters North 4/9/1999 24,937 001506 lopez,Rosemarle 000544 Court Reporter- Sup Ct (T) 91257 Court Reporters North 5/5/2000 25,032 014153 Brown,Craig A 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Cetitral 6/2/2000 25,040

009339 Gee1Rita 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 1/28/2000 25,040 011366 Hohn1Sandra 000544 Court Reporter- sup Ct {T) 91827 Court Reporters East 8/11/2000 25,040 018706 Mast,Leslie G

000350 Renard,Karen 006146 Maestas,Nona

010877 Burke,Linda

017151 Whitley1Maria M 006167 Foster,Traci

012050 Graves,Gaylene Wagner

017957 Carlomagno,Oonna

017713 Berry,Pamela

000544 000544 000544 000544 000544 000544 000544 000544 000544

Court t\eporier~ Sup Ct (T)

Court Reporter- Sup ct (T} Court Reporter- Sup Ct (T) Court Reporter- Sup Ct (T) Court Reporter- Sup Ct (T}

Court Reporter- Sup Ct (T} court Reporter- Sup Ct (T)

Court Reporter- Sup Ct (T)

court Reporter• Sup Ct {T)

91257 Court Reporters North 9/10/1999 25,040

92022 Court Reporters Central 8/11/2000 25,040

92022 Court Reporters Central 1/29/1999 26,000

92022 Court Reporters Central 12/18/1998 26,462 92022 Court Reporters Central 1/13/1989 27,263 92022 C~urt Reporters Central 7/31/1998 27,280 92022 Court Reporters Central 3/13/1998 27,471

91257 Court Reporters North 2/27/1998 27,680 92022 Court Reporters Central 2/2/1996 28,292

006947 ·Ericlcson-Smethurst,Sherry 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 2/14/1997 281633

~~~li\.182~1±\-'IB'MIRW'~~~~~It!li~ 019995 Gonzalez,David J 000544 court Reporter- Sup Ct (T) 92022 Court Reporters Central 5/22/1998 29,680 006678 Haupt,Gerri 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 2/19/1991 32,432 007281 Boldlng,ca'rrie Lee 000544 Court Reporter- Sup Ct (T) 92257 Court Reporters South 12/9/1994 33

1520

018452 Galindo,Lori 000544 Court Reporter- Sup Ct {T) 92022 Court Reporters Central 7/6/1984 34,220

Page 3 014

012036

006353 008753

Runyon,laura L

Morales,Kirnberly A

Perry,Jessica

court Reporter seniority List as of August 20, 2012

00"0544

000544 000544

Court Reporter• Sup Ct (T)

Court Reporter· Sup Ct (T)

Court Reporter- Sup Ct (T)

91827 Court Reporters East

92022 Court Reporters Central

92022 Court Reporters Central

35,152

37,280 37,524

017261 Bell,Cathy W 000544 Court Reporter· Sup Ct (T) 92022 Court Reporters central 5/3/1982 38,864

014103 Foster,Donna L 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 3/22/1991 42,914

~-~l~aUAllftta91lB~tt--~~~IIJ}Jl~11lt~ 012076 Leever,Karen M 000544 Court Reporter• Sup Ct (T) 92257 Court Reporters South 9/21/1990 45,188

Flores,Norma Jean 000544 Court Reporter- Sup Ct (T) 92022 Court Reporters Central 3/15/1990 45,933

Court Reporter• Sup Ct (T) 92022 Court Reporters Central 8/4/1989

Court Re orter- Su Ct Tl 1/12/1990

007935 Plummer,Jacqueline 000544 Court Reporter· Sup Ct (T) 92022 Court Reporters Central 005921 Hedstrom,leslie 000544 Court Reporter~ Sup Ct (T) 92022 Court Reporters Central

019584 White!aw,Patrlcla 000544 Court ReporterH Sup Ct (T) 92022 Court Reporters Central

002382 Partridge,James 000544 Court Reporter~ Sup Ct (T) 92022 Court Reporters Central

015350 Alexander;Lynn A 000544 Court Reporter~ Sup Ct (T) 92022 Court Reporters Central

009364 Anderson,Susanne 000544 Court Reporter~ Sup Ct (T) 91257 Court Reporters North 015721 Votaw,Marvel S 000544 Court ReporterH Sup Ct (T) 92022 c;ourt Reporters Central 011197 Gallivan,Michael 5 000544 Court ReporterH Sup Ct (T) 92022 Court Reporters Central

017670 Whlte,Cynthla Kathleen 000544 Court Reporter-Sup Ct (T) 92022 Court Reporters Central id~•Wjril,i\f/lliis'fi$/!~?e/"Ili1I!!¼:li-'ilW,#~,i1,,iili:ii1'wl,!P~!I,,~~". · .. ,.s- ·• . , '" • .. _~i1/,Rf;;,~&,~.,W~J/.t~OO,i~1W~~§Z~.i!~~Lt~'il™l!~~~!'l.Ub1'1-j ,,1,. _ = 31_, .• ,. __ .,. ,.

y-·_.,

017579 Lee,Nina Y 000544 Court Reporter-Sup Ct (T) 91827 Court Reporters East

008125 Schaffer,Llnda K 000544 Court Reporter, Sup Ct (T) 92022 Court Reporters Central

.Page 4 of 4

1/29/1988 50,722 1/3/1988 51,261 8/2/1982 52,324

5/30/1986 53,920 2/18/1986 55,040 3/24/1982 63,432 1/14/1981 64,350 9/4/1981 64,559

4/28/1981 65,373

~-if.tllifill~J:~lt~1~i 4/23/1979 69,491 6/28/1978 71,280

APPENDIX "D"

GRANDFATHERED COURT REPORTER ASSIGNMENTS

Appendix D - Court Reporter Assignments as of September 25, 2017

Central

Debbie Wood - Judge Laura Birkmeyer

Lori Chatman - Judge William Shore

Irene Perkins - Judge Peter Gallagher

Jackie Plummer- Judge Laura Parsky

Jamie Billings - Judge Timothy Walsh

Armando Pineda - Judge Melinda Lasater

Donna Foster - Judge Eugenia Eyherabide

Carol Montes -Judge Leo Valentine

Sue Holthaus - Judge Amalia Meza

Lynn Alexander - Judge Louis Hanoian

Lori Rilling-Judge Robert O'Neill (On Fridays, only when he is at Central)

David Gonzalez - Dept. 12

North County

Lisa Ryalls - Judge Harry Elias

East County

Danielle Goodspeed, CSR- Judge Evan Kirvin

Sandra Hohn, CSR - Judge Gary Bubis

South County

Suzanne Lau -Judge Dwayne Moring

Monica Cosio Shapiro -Judge Gary Haehn\e

Nyree Lloyd - Judge Edward Allard

Gina Villegas - Judge Francis Devaney

Yvonne Medina - Judge Ana Espana