Memorandum of Agreement (MOA) - A6 - Bumping when on Leave

Shift Bidding Process for Employees on Extended Leave

This Memorandum of Agreement (MOA) is entered into by Clackamas County Sheriff’s Office (Agency) and/or Clackamas County (County) and the Clackamas County Peace Officers Association (Association).

Background

1. The County and the Association are parties to a Collective Bargaining Agreement (CBA) for the period July 1, 2020 through June 30, 2023.
2. Article 6 of the CBA sets out procedures and definitions for the process in which Patrol division members bid for shifts on a bi-annual basis. Article 6 states that Patrol division members will use their seniority to select an available shift during the bid process on February 3rd and 4th and August 3rd and 4th of each year. The new shifts are implemented “on the first day of the first payroll period in March and the first day of the first payroll period following Labor Day.”
3. Both parties have identified that when an employee is on an extended period of leave or light duty and does not have a foreseeable return date, allowing them to bid for a shift causes a hardship in maintaining proper staffing levels across the shifts.
4. The County and Association agree to the following:

Agreement

1. In the event a member of the patrol division is on an extended leave and their expected return to a full duty status is not within sixty (60) days of the implementation of the shift rotation the employee will receive the customary opportunity to select days and shift as guaranteed by their seniority, however the selected days off and shift assignment will stay available to those yet to bump.
2. Employees covered under paragraph 1 will not be allowed to select a contract city assignment. This clause is due to contractional obligations the county has with the contract cites.

3. The employee returning to full duty will be assigned to their selected shift and days off asadditional staffing and will not displace the employee currently assigned to that shift and days off.

4. This MOA will be effective beginning with the fall shift bid of 2021.