Minute Clarification. The parties mutually understand that the only obligation to continue the health benefits of active employees after the expiration of the Agreement is that which may arise from the general legal duty to bargain in good faith.
Minute Clarification. The parties understand that the compensation provisions of this Provision are not applicable where attendance as a witness is related to either prior employment or current non-BART employment (outside employment).
Minute Clarification. The parties agree that the District may assign employees who are unable to perform the full scope of their current job to temporary modified work consistent with the employee’s functional limitations when and where, in the judgment of the District, such work is available and where it may be accommodated without adverse consequence to the department or disruption in services or operations. Temporary modified work will be considered on a case-by-case basis. Temporary modified work may involve modification of an employee’s own job or assignment to work outside of an employee’s current position. The Employee Services Division of the Human Resources Department, in consultation with the Police Department, will determine eligibility for participation in the Temporary Modified Assignment Program and will coordinate temporary work positions/assignments. Temporary Modified Assignments shall be for ninety (90) days. However, the District may, within its sole discretion, by and through the Chief of Police, in conjunction with the Employee Services Division in Human Resources, review the Temporary Modified Assignment (TMA) after the 90-day period has expired to determine whether there are other eligible employees who can assume the TMA. If there are no eligible employees, the TMA may be extended on a week-to week basis, not to exceed an additional ninety (90) days. When possible, the District will attempt to give the employee relinquishing the TMA a four (4) working day notice. It shall be the duty of every employee to cooperate fully and promptly with the Coordinators. Notification of changes in medication, medical condition and restriction/limitations shall be promptly communicated to the Benefits Department along with supportive documentation, acceptable to the District. In administering the Temporary Modified Assignment Program, BART may communicate directly with the employee’s physician(s) regarding the employee’s medical limitations, functional restrictions, job requirements in the employee’s regular assignment, job requirements in any modified duty assignment under consideration, and return to work status. Such communication will be done with the employee’s written authorization when required by law. Employees participating in the Temporary Modified Assignment Program shall retain all contractual benefits not inconsistent with the objectives of the Program. If an assignment is identified which, in the judgment of the District, is within the employee’s medical li...
Minute Clarification. The parties agree Paragraph 2 is not intended to exempt employees from notice requirements of California State Law.
Minute Clarification. Both parties agree that guests and advisors shall be permitted to participate in Committee functions upon advance notice. Said guests/advisors shall not be a voting part of the Committee.
Minute Clarification. The parties agree that requests for leave of two (2) days or less shall be made through the employee’s immediate or appropriate supervisor. The District agrees to notify the Union of leaves of absence approved pursuant to this section which are in excess of thirty (30) days.
Minute Clarification. The parties agree that the deletion from the Agreement of the third paragraph of Section 20, Holidays, shall not in any way change the District’s existing practice of not compensating BPMA, AFSCME, and Non-Represented employees who are in an unpaid status for holiday pay. In order to be eligible for holiday compensation, an employee must be in a paid status. Definition of an unpaid status is as follows: 1) authorized leave of absence; 2) employee receiving disability insurance after thirty-one (31) continuous days; 3) suspension of more than fifteen (15) days.
Minute Clarification. The parties agree that the second paragraph of this Provision means that the District will not make changes to current group insurance policies which adversely affect the level of benefits without agreement of the parties. This Provision shall not apply to benefits which are provided pursuant to Provision 5.4, PERS-Medical & Prescription Drug Benefits and Provision 5.5, Survivor Benefits. Provision 5.4, PERS-Medical & Prescription Drug Benefits and the PERS rules, regulations and plan documents shall control on all issues concerning medical and prescription drug benefits.
Minute Clarification. This Section shall not apply to benefits which are provided pursuant to Section 33 • PERS-Medical & Prescription Drug Benefits and Section 41 • Survivor Benefits. Section 33 • PERS-Medical & Prescription Drug Benefits and the PERS rules, regulations and plan documents shall control on all issues concerning medical and prescription drug benefits.
Minute Clarification. The parties have reached the following understanding with respect to repayment of overpayments made to employees. Where repayment of the entire amount of the overpayment in a lump sum would work a hardship on the affected employee, the Association may request development of a reasonable repayment schedule through the Human Resources Department. Such request will not be unreasonably denied by the Human Resources Department.
