110309 full case-tentative-agreement

8/7/2019 110309 Full CASE-tentative-agreement

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Agreement betweenState of California

andCalifornia Attorneys, Administrative Law Judges and Hearing Officers

In State Employment (CASE)

covering

BARGAINING UNIT 2ATTORNEYS AND HEARING

OFFICERS

EffectiveJuly 1, 2Q.G., through June 30, 20&7f+yr" \ t \3.D1-L ~ V 1 l ~ i.. ~ D 4 - 3


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CALIFORNIA ATTORNEYS, ADMINISTRATIVE LAW JUDGESAND HEARING OFFICERS IN STATE EMPLOYMENT (CASE)BARGAINING UNIT 2ATTORNEYS AND HEARING OFFICERS

TABLE OF CONT ENTSARTICLE 1 - RECOGNITION AND PURPOSE ........................... .............................. .................. 7

1.1 Recognition and Purpose ...................................... ........................................ ...................... 7ARTICLE 2 - CASE RIGHTS ....................................................................................................... 7

2.1 CASE Representation .........................................................................................................72.2 Access .................................................................................................................................82.3 Bulletin Boards ....................................... ................................................. ............................ 92.4 Distribution of Literature ..................... .................................................... ............................. 92.5 Bargaining U nit Information ................................................................................................. 92.6 Use of State Rooms, Phones, and Electronic Communication Equipment ......................... 92.7 Fair Share Fees/Dues Deduction ...................................................................................... 102.8 Safety Committee ..............................................................................................................112.9 New Employee Orientation ................................................................................................ 11

ARTICLE 3 - STATE RIGHTS ................................................................................................... 113.1 State Rights .......................................................................................................................11

ARTICLE 4 - GENERAL PROVISIONS .................................................................................... 124.1 No-Strike/No Lockout Clause ............................................................................................ 124.2 Savings Clause ...................................... ........................................ ................................... 124.3 Entire Agreement .............................................................................................................. 124.4 Supersession .....................................................................................................................13

ARTICLE 5 - SALARIES ........................................................................................................... 195.1 Salaries .............................................................................................................................195.2 Salary Range Changes ....................................... ............................................ .................. 205.3 Merit Salary Adjustments ............................................ .............................................. ........ 225.4 Range Changes ................................................................. : .............................................. 225.5 Bilingual Different ial Pay ................................. ....................................... ........................... 235.6 Overpayments/Payroll Errors ....................................... ...................................... ............... 245.7 Late Docks ......................................... ......................................... ...................................... 245.8 Timely Payment of Wages ................................................................................................25

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5.9 Recruitment and Retention, State Prisons ........................................................................ 265.10 Out-of-State Differential Pay ............................................................................................ 275.11 National Judicial College Differential ...............................................................................275.12 Recruitment and Retention DifferentiaL ...........................................................................27ARTICLE 6 - HOU RS OF WORK ..............................................................................................286.1 Overtime ............................................................................................................................286.2 Work Week Groups ...........................................................................................................296.3 Hours of Work and Work Schedules - WWGs E and SE - Effective September 1, 1999 306.4 Telework ............................................................................................................................306.5 Real Time Hearing Support (WCAB) ................................................................................. 316.6 Rest Periods ......................................................................................................................316.7 Meal Periods (Work Week Group 2 - WWG2) ..................................................................31

ARTICLE 7 - GRIEVANCE AND ARBITRATION ......................................................................317.1 Purpose ..............................................................................................................................317.2 Definitions ....................................... ............................................. ......................................327.3 Time Limits ........................................................................................................................327.4 Waiver of Steps .................................................................................................................327.5 Presentation ......................................................................................................................327.6 Informal Discussion ...........................................................................................................327.7 Formal Grievance - Step 1 ................................................................................................337.8 Formal Grievance - Step 2 ................................................................................................337.9 Formal Grievance - Step 3 ................................................................................................ 337.10 Response ........................................................................................................................337.11 Formal Grievance - Step 4 ..............................................................................................347.12 Health and Safety Grievances .........................................................................................347.13 Immediate Dispute Resolution - Health and Safety ......................................................... 367.14 G r i e ~ a n c e Review ...........................................................................................................37

ARTICLE 8 - HOLIDA YS ........................................................................................................... 378.1 Holidays .............................................................................................................................37

ARTICLE 9 - LEAVES ...;.::-..... : ............................................................................. .....................409.1 Vacation Leave ................................................. .................................................. ............... 409.2 Unpaid Leave of Absence .................................................................................................429.3 Sick Leave .........................................................................................................................439.4 Bereave ment Leave .......................................................... ............................................... .45

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9.5 Parental Leave .............................................................................. .................................... 459.6 Adoption Leave ........... ...................................................................................... ................ 469.7 Catastrophic Leave (Work and Family Transfer of Leave Credits) ................................... .469.8 Catastrophic Leave - Natural Disaster ............................................................................. .489.9 Jury Duty ........................................... .............................................................................. .. 489.10 Personal Leave ............................................................................. .................................. 499.11 Annual Leave Program .................................................................................................... 499.12 Mentoring Leave ..............................................................................................................519.13 Union Leave ...................................................................... .............................................. 529.14 Transfer of Leave Credits Between Family Members ..................................................... 539.15 Tax Deferral of Lump Sum Leave Cash Out Upon Separation ....................................... 549.16 Family Medical Leave Act (FMLA) ................................................................................... 559.17 Organ Donor Le ave .........................................................................................................569.18 Precinct Election Board ................................. : ................................................................. 57

ARTICLE 10 - LAYOFF .............................................................................................................5710.1 Layoff and Reem ployment .............................................................................................. 5710.2 Reducing the A dverse Effects of Layoff .......................................................................... 5910.3 Alternative to Layoff ........................................................................... .............................. 5910.4 Layoff Employee Assistance Program ................................................ ............................. 59

ARTICLE 11 - HEALTH AND WELFARE ................................................................................. 5911.1 Consoli dated Benefits (CoBen) Program Description ..................................................... 5911.2 Rural Health C are Equity Program .............................................. .................................... 6311.3 Group Lega I Services Plan .............................................................................................. 6511.4 Long-Term Care Insurance Plans ......................................................... .......................... 6511.5 Pre-Tax of Health/Dental Premiums Costs .................................................................... .. 6511.6 Non-Industrial Di sability Insurance .................................................................................. 6511.7 Enhanced N on-Industrial Disability Insurance - Annual Leave ....................................... 6711.8 Industrial Disability Leave ....................................................................... ......................... 6811.9 1959 Survivors' Benefits - Fifth Level .................................................. ............................ 69

ARTICLE 12 - ALLOWANCES AND REIMBURSEMENTS ...................................................... 7012.1 Business and Travel Expense ............................................................ ............................. 7012.2 Lodging - Orange and Marin Counties ........................... ........................... ...................... 7512.3 Commute Program .............................................................. ............................................ 7612.4 Cell Phones ...................................................................... ............................................... 76

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12.5 Moving and Relocation .................................................................................................... 7612.6 Parking Rates ....................................................................................................... ........... 7712.7 Responsibi lity for Litigation Costs ...................................................................................77

ARTICLE 13 - MISCELLANEOUS ................................................................................ ............7713.1 Temporary Employee Loans and Ex changes .................................................................. 7713.2 Outside Employment ....................................................................................................... 7913.3 Office Space ........................................................................................................... ......... 7913.4 Work and Family Committee ........................................................................................... 8013.5 Personnel Files ................................................................................................................8013.6 Education and Training ...................................................................................................8213.7 Bar Dues/P rofessional leave ..... ...... ...... ...... ..... ...... ...... ..... ...... ...... ...... ...... ...... ...... ..... ..... 8313.8 Smoking Cessation ...................................................................................................... ... 8313.9 Employee Assistance Program ...................................................... ................................. 8413.10 Judicial Attire ................................................................................................................. 8413.11 Case and Hearing Workload - Board of Prison Terms .......... ...... ...... ...... ..... ...... ...... .... 8513.12 State-Owned Housing Rental and Utility Rates .............................................................8513.13 Labor-Management Committee on State Payroll System ..... ...... ...... ...... ...... ...... ...... .... 8613.14 Appeal of Involuntary Transfer ...................................................................................... 8613.15 No Reprisal s ................................................................................................... ............... 8613.16 Case and Hearing Workload - Unem ployment Insurance Appeals Board ........ ....... ..... 8613.17 Com puter Work Stations ........ ............................................................................... ........ 8613.18 Remodeling, Renovations, and Repairs ........................................................................ 8713.19 Clerical Support ...... .......................................................................... ;............................8813.20 U n d ~ r c o v e r Vehicl e Equipment, Board of Prison Terms ....................................... ........ 8813.21 Badges ............................................................................................................ .............. 8813.22 Intra-Departmental Transfers ........................................................................................ 8813.23 Labor Management Program .. .............................................................................. ........ 8913.24 Professional Development Activities ...................................................... ....................... 8913.25 Independent Medical Examinations ............................................ ................................... 8913.26 Release Time for State Civil Service Examinations ............................................... ....... 9013.27 Hardship Transfer ............................................ .................................................. ............ 9013.28 Card Key Replacements ................................................................................................9013.29 Performance Appraisal of Permanent Employees ......................................................... 9013.30 Confidential Designations ....... ....................................................................................... 91

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ARTICLE 14 - RETIREMENT ....................................................................................................9114.1 401 (K) Deferred Compensation Program ........................................................................ 9114.2457 Deferred Compensation Program .............................................................................9114.3 First Tier Retirement Formula (2% @ 55) .......................................................................9114.4 First Tier Eligibility For Employees In Second Tier ..........................................................9214.5 Determ ination of Safety Retirement Eligibility ................................................................. 9314.6 Safety Retirement - Deputy Commissioner, Board of Prison Terms ..............................9314.7 Retirement Contributions for Miscellaneous and Safety Members ................................. 9314.8 Alternative Preretirement Death Benefit ..........................................................................94

ARTICLE 15 - CLASSIFICATION ............................................................................................. 9415.1 Class ification Level ..........................................................................................................9415.2 Classification Changes ....................................................................................................9415.3 Out-of-Classification Grievances and Position Allocation Hearing Process .................... 9515.4 Department Request(s) for Attorney IV Level Position(s) ................................................ 9715.5 Judicial Clerkship ............................................................................................................9715.6 Classification Studies ......................................................................................................9815.7 Salary Survey ..................................................................................................................9815.8 - Classification ............................................................. .................................................... 98

ARTICLE 16 - TERM ................................................................................................................. 9816.1 Contract Term .................................................................................................................98

ATTACHMENTS AND ADDENDUMS ....................................................................................... 99Attachment A - Salary Schedule .............................................................................................99Attachment B -IRS Agreement Employer-Paid Employee Retirement Contributions ........... 103Attachment C - Domestic Partners .................................................... .................................... 104

SIDE LETTERS ........................................................................................................................ 104Side Letter #1 - Attorney IV Allocation Standards ................................................................ 104Side Letter # 2 - CUIAB Workload ........................................... ............................................. 112

SIGNATURE PAGE ................................ ..................................... .................................... ......... 113

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Management Proposal

Exclusive Representative: CASEDate ;\1 \\!r\s, ,.vvBargaining Unit: 2

Subject: New Continuous Appropriations

The State and CASE agree to present to the Legislature as part of the MOU Bill aprovision to appropriate funds to cover the economic terms of this agreement throughJuly 1, 2013. This will maintain employee salaries and benefits in case of an untimelybudget.


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Management Proposal

Bargaining Unit: 2Exclusive Representative: CASESubject: Contract Protection

Dale


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Bargaining Unit: 2Exclusive Representative: CASESubject: Article 1

Section1.1'RecognitionandPurpose

MARK VEATCHChief Negotiator, DPA

Management Proposal

CommentRolled Over

Date: 'C\?-: t{D

Chief Negotiator, CASE


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ARTICLE 1 - RECOGNITION AND PURPOSE1.1 Recognition and Purpose

2

A. This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is enteredinto by and between the State of California (hereinafter "State" or "State employer")and the California Association of Administrative Law Judges, Attorneys, and HearingOfficers in State employment, (hereinafter "CASE"), pursuant to the Ralph C. Di lisAct, Government Code Section 3512 et seq.B. Its purpose is to im prove employer-employee relations between the parties byestablishing wages, hours, and other terms and conditions of employment.C. Pursuant to the Dills Act and PERB certification No. S-SR-2, the State recognizesCASE as the exclusive representative of all employees in the Attorney and HearingOfficer Unit, Unit 2 (hereinafter "bargaining unit") .D. Pursuant to Government Code section 3517, CASE recognizes the Director of the

Department of Personnel Administration (DPA) or his/her designee, as thedesignated representative of the Governor for the purposes of negotiati ng this MOU.

A.

B.

C.

relating to nizes and agrees to deal with CASE representatives on all'ning unit grievances and claims and appeals to theemployee and a CAS E representative shall beof time off during work hours without loss

requirem ents) to prepare and pBoard (SPreasonable am(consistent withclaims and appealsto notify their immediate SPB. CASE employeeisors and obtain a may be requiredarding the time of dayfor conducting such activities.

A written list of CASE ran, rac,anl t


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Management ProposalBargaining Unit: 2Exclusive Representative: CASESubject: Article 2

Section Comment2.1 CASE New LanguageRepresentation2.2 Access Rolled Over2.3 Bulletin Boards Rolled Over2.4 Distribution of Rolled OverLiterature2.5 Bargaining Unit Rolled OverInformation2.6 Use of State Rolled OverRooms, Phones, andElectronicCommunicationEquipment2.7 Fair Share Rolled OverFees/Dues Deduction2.8 Safety Committee Rolled Over2.9 New Employee Rolled OverOrientation

MARK VEATCHChief Negotiator, DPA Chief negotiator, CASE


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B.

C. presentative ofereinafter "bargaining unto Government Code section 3517, CASErtment of Personnel Administration (DPA) or his/her

designated representative of the Governor for the purposes of nARTICLE 2 - CASE RIGHTS2.1 CASE Representation

A. Representational ActivityThe State recognizes and agrees to deal with CASE representatives on all mattersrelating to bargaining unit grievances and claims and appeals to the State PersonnelBoard (SP B). An employee and a CAS E representative shall be authorized areasonable amount of time off during work hours without loss of compensation(consistent with workload requirem ents) to prepare and present grievances andclaims and appeals before SPB. CASE employee representatives may be requiredto notify their immediate supervisors and obtain a pproval regarding the time of dayfor conducting suc h activities.

B. CASE RepresentativesA written list of CASE representatives at each work location shall be furnished to theState immediately after their designation, and CA SE shall notify the State promptly ofany changes of such representatives. CA SE officers or representatives shall not berecognized by the State until such lists or changes thereto a re received.

C. Organizational Activity Release Time1. Nine (9) CASE Board members shall each be released without loss ofcompensation from work for up to and including one (1) day per month fororganizational (board-level) activity, subject to the following:

a. Release time will be dependent on departmental operational needs.

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Management Proposal

Bargaining Unit: 2 Date:Exclusive Representative: CASESubject: Article II, Section 2.1, (C), Organizational Activity Release Time

The State and CASE agree to delete from Article II, Section 2.1, subsection (C) from theMOU. The State will continue the practice of administering release time for Boardmembers and Bargaining Team members when it is necessary for representational orbargaining purposes.


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b. Appointing authorities need not release more than one (1) Board member ata time who works in the same geographic location within a department,agency, board or commission.c. Board members may be required to notify their immediate supervisor in

advance and obtain app roval for use of release time.2. Six (6) Executive Board M embers shall each be released without loss ofcompensation from work for up to and including two (2) days per month fororganizational (board-level) activity, subject to the conditions as stated in a, b,and c above.3. Organizational activity is that which is performed on behalf of CASE andgenerally affects its membership at-large.

D. Employee Donated Release Time Bank1. Each department with Unit 2 employees shall establish a release time bank. Thepurpose of the release time bank is to allow Unit 2 employees to voluntarily

contribute CTO, holiday credit, personal leave time, annual leave, or vacation foruse by other Unit 2 employees identified by CASE who work for the samedepartment.2. Time donated to the release time bank shall be for engaging in organizationalactivity as defined in section 2.1 (C)(3) above. CASE shall provide verificationthat employees withdrawing from the bank were engaging in organiz ationalactivity.3. Time shall be donated in one (1) hour increments. Time shall be used in eight(8) hour increments. Donations are irrevocable.4. For purposes of this section, the value of each hour donated and each hour usedshall be considered the same.5. Employees who will be absent using donated time must provide their immediatesupervisor or his/her designee with reasonable advance notice. Absences due tothe use of donated release time shall be granted unless it interferes withoperating needs.6. Each department shall establish and publish the procedures for donating andusing time. Departments may limit the number of times each year thatemployees may donate to the release tim e bank.7. Departments shall permit CASE to review release time bank donation and userecords upon reasonable notice from CASE. CASE review will not occur morethan one time every four (4) months in each depa rtment.

2.2 AccessA. With prior notification to the official in charge of the area to be visited, CA SErepresentatives shall have access to bargaining unit employees at the work site forrepresentation purposes. Access shall not be disruptive.

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B. The department head or designee may restrict access to certain work sites or areasfor reasons of safety,security, or other legitimate business necessities. Access shallnot be unreasonably withheld.2.3 Bulletin Boards

A. CASE shall have access to existing State-furnished CASE bulletin board space ateach work site where Unit 2 employees are located to post material related to CASEbusiness. Alternatively, CASE may at its option and expense, provide (at one 0 rmore facilities) a bulletin board not to exceed 36" X 48" in size to be placed in alocation, and at a time of day, determined by the facility manager. Any materialsposted shall be dated and initi aled by the CASE representative responsible f or theposting. A copy of all materials posted shall be distributed to the designatedmanagement representative at the time of posting.B. CASE agrees not to post any material of an illegal, libelous, obscene, defamatory, orsolely non-educational partisan political nature on bulletin boards.

2.4 Distribution of LiteratureCASE representatives may distribute CASE material during nonwork time and shall notdisrupt the work of others. CASE shall not distribute material of an illegal, libelous,obscene, or of a solely noneducational partisan politi cal nature.

2.5 Bargaining Unit InformationA. The State employer shall continue to provide CASE with a list of bargaining unitemployees. The list shall be arranged in alphabetical order according to surnameand shall include each employee's name, classification, agency, work location, homeaddress, and information regarding CASE payroll deductions.B. On a monthly basis, the State em ployer shall continue to provide CASE with anychanges to the list, including information contained therein, which occurredsubsequent to the previous Ii st of changes.C. CASE agrees to reim burse the State Controller for all reasonable costs to producethese lists.

2.6 Use of State Rooms, Phones, and Electronic Communication EquipmentA. The State will permit use of its rooms for CASE meetings subject to the operatingneeds of the State. Requests for use of such State rooms shall be made in advanceto the designated State official. CASE agrees to leave such rooms in the condition inwhich they were f o u n ~ . B. CASE representatives shall be permitted reasonable use of State phones to makecalls for CASE representation purposes provided, however, that such use of Statephones shall not mean additional charges to the State or interfere with the operation

of the State.

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C. CASE shall be permitted incidental and minimal use of State electroniccommunication equipment ordinarily available to the user-employee during theregular course of business if (1) as permitted by the employee's department for othernon-business purposes; and (2 ) for representatio nal purposes only; and (3) providedit results in no additional cost to the State; and, (4) provided it does not interfere withthe ope ratio ns of the State.

D. The State can not guarantee privacy when using State rooms, phones and electron iccommunication equipment.2.7 Fair Share FeeslDues Deduction

A. The State agrees to deduct and tran smit to CASE all membership dues authoriz edon a form provided by CASE. Effective with the beginning of the first pay periodfollowing ratification of this agreement by the Legislature and the Union, the Stateagrees to deduct and transmit to CASE Fair Share fees from employees who do notbecome members of CASE.B. The State and CASE agree that a system of authorized dues deductions and a. system of Fair Share deductions shall be operat ed in accordance with GovernmentCode sections 3513(h), 3513(j), 3515, 3515.6, 3515.7, and 3515.8, subject to thefollowing provisions:

1. The State and CASE agree that if a Fair Share rescission election is conductedin Unit 2 pursuant to Government Code section 3515.7(d), a majority of themembers of the Unit shall determine whether the Fair Share deductions shall berescinded.2. The written authorization for CASE membership deductions shall rem ain in fullforce and effect during the life of this agreement; provided that any employeemay withdraw from CASE by sending a signed withdrawal letter to CASE at anytime. A withdrawal under this paragraph does not then relieve an em ployee fromthe Agency Shop provision of this agreement. An employee who so withdrawshis or her membership shall be subject to paying a Fair Share fee if such a fee isapplicable to Unit 2.3. The amount of dues and fees deducted from CASE members' and fee payers'pay warrants shall be set by CASE and changed by the State upon writtenrequest of CASE.4. CASE agrees to indemnify, defend and hold the State and its agents harm lessagainst any claims made of any nature and against any suit instituted against theState arising from this Section and the deductions arisi ng therefrom.5. CASE agrees to annually notify all employees who pay Fair Share fees of their

right to demand and receive from CASE a return of part of that fee pursuant toGovernment Code section 3515.8.6. No provision of this Section, nor any disputes arising thereunder, shall be subjectto the grievance and arbitration procedur e contained in this Agreement.

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2.8 Safety CommitteeUpon request by CASE, appointing authorities for Unit 2 employees shall establish atleast one safety committee, with at least one (1) Unit 2 employee representative and atleast one (1) representative from management. Where safety committees (or likeforums) already exist or are established for purposes of addressing safety matters ofconcern to more than just Unit 2 employees, then at least one (1) Unit 2 employeerepresentative may instead be permitted to join that committee. The safety committee(s)may be constituted for purposes of addressing issues at one, or more than one worksite.

2.9 New Employee OrientationUpon initial appointment of an employee in a Bargaining Unit 2 classification, theappointing authority shall, within a reasonable period of time, inform the employee thatCASE is the exclusive representative for his/her bargaining unit. T he appointingauthority shall also present the employee with a copy of this memorandum ofunderstanding and a pack et of information pertaining to repre sentation by CASE, ifsupplied to that appointing authority in advance by CASE.

ARTICLE 3 - STATE RIGHTS3.1 State Rights

A. All State rights and functions, except those which are expressly abridged by thisMOU, shall remain vested with the State.B. To the extent consistent with law and this MOU, the rights of the State include, butare not limited to, the exclusive right to determine the mission of its constituentdepartments, commissions, and boards; set standards of service; train, direct,schedule, assign, promote, and transfer its employees; initiate disciplinary action;

relieve its em ployees from duty because of lack of work, lack of funds, or for otherlegitimate reasons; maintain the efficiency of State operations; determ ine themethods, means and personnel by which State operations are to be conducted; takeall necessary actions to carry out its mission in emergencies; and exercise completecontrol and discretion over its organization and the technology of performing its work.The State has the right to make reasonable rules and regulations pertaining toemployees consistent with this MOU provided that any such rule shall be uniformlyapplied to all affected employees who are similarly situated.C. This MOU is not intended to, nor may it be construed to, cont ravene the spirit orintent of the merit principle in State employment, nor to limit the entitlements of Statecivil service employees provided by Article VII of the State Constitution or by-lawsand rules enacted theret o.

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Section Comment3.1 State Rights Rolled Over

(

MARK VEATCHChief Negotiator , DPA Chief Negotiator , CASE


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.upon request by'wP. !po in t i ng authorities fo r Unit 2 employees ish atand at(or likesafety committee, with at least one (1) Unit 2 employee1) representative from management. Whereexist or are established for purposes ng safety matters ofthan just Unit 2 employees,

Inc ta


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Section Comment4.1 No-Strike/No Rolled OverLockout Clause4.2 Savings Clause Rolled Over4.3 Entire Rolled OverAgreement4.4 Supersession Rolled Over

MARK VEATCHChief Negotiator, DPA Chief Negotiator, CASE


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ARTICLE 4 - GENERAL PROVISIONS4.1 No-Strike/No Lockout Clause

A. During the term of this MOU, neither CASE nor its agents nor any Bargaining Unit 2employee, for any reason, will authorize, institute, aid, condone or engage in a workslowdown, work stoppage, strike, or any other interference with the work andstatutory functions or obligations of the State.CASE agrees to notify all of its officers, stewards, representatives, agents, and staffof their obligation and re sponsibility for maintaining compliance with this Section,including the responsibility to remain at work during any interference which may becaused or initiated by others and to encourag e employees violating this Section toreturn to work.

B. No lockout of Unit 2 employees shall be instituted by the State during the term of thisAgreement.4.2 Savings Clause

Should any provision of this MOU be found unlawful by a court of competent jurisdiction,the remainder of the MOU shall continue in force. Upon occurrence of such an event,the parties shall meet and confer as soon as practical to renegotiate the invalidatedprovision(s).4.3 Entire Agreement

A. This MOU sets forth the full and entire understanding of the parties regarding thematters contained herein, and any other prior or existing understanding or MOU bythe parties, whether formal or informal, regarding any such matters are herebysuperseded. Except as provided in this MOU, it is agreed and understood that eachparty to this MOU voluntarily waives its right to negotiate with respect to any matterraised in negotiations or covered in this MOU, for the duration of the MOU.With respect to other matters within the scope of negotiations, negotiations may berequired during the term of this MOU as provided in subsection b. below.

B. The parties agree that the provisions of this subsection shall apply only to matterswhich are not covered in this MOU.The parties recognize that during the term of this MOU, it may be necessary for theState to make changes in areas within the scope of negotiations. Where the Statefinds it necessary to make such changes, the State shall notify CASE of theproposed change thirty (30) days prior to its proposed implementation.The parties shall undertake negotiations regarding the im pact of such changes onthe employees in Unit 2, when all three (3) of the following exist:

1. Where such changes would have an impact on working conditions of asignificant number of employees in Unit 2;

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2. Where the subject matter of the change is within the scope of representationpursuant to the Dills Act;3. Where CASE requests to negotiate with the State.

Any agreement resulting from such negotiations shall be executed in writing andshall become an addend um to this MOU. If the parties are in disagreement as towhether a proposed cha nge is subject to this Subsection, such disagreement may besubmitted to the arbitration pr ocedure for resolution. The arbitrator's deci sion shallbe binding. In the event negotiations on the prop osed change are undertaken, anyimpasse which arises may be submitted to mediation pursuant to Secti on 3518 of theDills Act.4.4 Supersession

A. The following Government Code sections and all DPA regulations related thereto arehereby incorporated into this MOU. However, if any other provision of this MOU is inconflict with any of the Government Code sections listed below or the DPAregulations related thereto, such MOU provision shall be controlling. TheGovernment Code Sections listed below are cited in Section 3517.6 of the Dills Act.

1. General1982419839

2. Step Increases19829198321983419835

1983619837

3. Holidays1985319854

Establishes monthly pay periods.Provides lump sum payment for unused vacationaccrued or compensating time of f upon separation.

Requires DPA to establish minimum and maximumsalaries with intermediate steps.Establishes annual Merit Salary Adjustments (MSA's)for employees who meet standards of efficiency.Requires MSA payments to qualifying employeeswhen funds are availabl e.Provides employees with the right to cum ulativeadjustments for a period not to exceed two years whenMSA's are denied due to lack of funds.Provides for hiring at abo ve the minimum salary limit inspecified instances.Red Circle Rates.

Establishes legal holidays.Provides for personal holiday.

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4. Vacations19858.1

19856

19856.1

19863

19991.4

5. Sick Leave1985919861

1986219862.1

19863

19863.119864

19866

19991.4

Defines amount earned and methods of accrual by fulltime employees.Requires DPA to establish rules regulating vacationaccrual for part-time employees and those transferringfrom one State agency to another.Requires DPA to define the effect of absences of 10days or less on vacation accrual.Allows vacation use while on temporary disability (dueto work-incurred injury) to augment paycheck.Provides that absences of an employee for a workincurred compensable injury or disease is consideredcontinuous service for the purpose of the right tovacation.

Defines amount earned and methods of accrual forfull-time and part-time employees.Allows DPA to define the effect on sick leave credits ofabsences of 10 days or less in any calendar month.Permits sick leave to be accumulated.Allows employees who enter civil service from anexempt position within six months to carry unused sickleave credits.Allows sick leave use while on temporary disability(due to work-incurred injury) to augment paycheck.Provides sick leave credits for IDL.Allows the DPA to provide by rule for sick leavewithout pay for employees who have used up their sickleave with pay.Provides sick leave accum ulation for non-civil serviceemployees.Provides that absences of an em ployee for a workincurred com pensable injury or disease is consideredcontinuous service for the purpose of the right to sickleave.

6. Paid Leaves of Absence19991.319991.5

Jury duty.Thirty (30)-day educational leave fo r the medical staffand medical technicians of the Veterans' Home.

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19991.7 Teachers' educational leave and earned creditssubject to DPA rule.7. Uniforms, Work Clothes, and Safety Equipment

19850 Definitions.19850.119850.3

19850.419850.5

Provides for uniform allowances.Requires D PA to establish procedur es to determ ineneed for uniforms and the amount and frequency ofuniform allowances.Provides for work clothes for purposes of sanitation orcleanliness to be maintained and owned by the State.Provides for initial issuance of required safetyequipment at State expense.

8. Industrial Disabil ity Leave (IDL)19869 Defines who is covered.198701987119871.119872198731987419875198761987719877.1

Defines "IDL" and "full pay".Provides terms of IDL coverage in lieu of workers'compensation temporary disability payment.Provides for continued benefits while on IDL.Prohibits payment of temporary disability or sick leavepay to employees on IDL.Inapplicability of retraining and rehabilitati on provisionsof Labor Code to employees covered by IDL.Allows employees to receive Workers' Compensationbenefits after exhaustion of IDL benefits.Requires three-day waiting period, unless hospitaliz edor disabled more than 14 days.Payments contingent on medical certification andvocational rehabil itation.Authorizes DPA to adopt rules governing IDL.Sets effective date.

9. Non-Industrial Di sability Insurance (NDI)19878198791988019880.119881

Definitions.Sets the amount of benefits and duration of payment.Sets standards and procedures.Allows employee option to exhaust vacation prior toNDI.Bans NDI coverage if employee is receivingunem ployment com pensation.

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1988219883

1988419885

10. Life Insurance216002160421605

11. Health Insurance2281622825.1

12. Workweek1985119843

13. Overtime1984419848

1984919863

Bans NDI coverage if employee is receiving other cashpayment benefits.Provides for discretionary deductions from benefitcheck, including employer contributions; employeedoes not accrue sick lea ve or vacation credits orservice credits for any other purpose.Filing procedures; determination and payment ofbenefits.Authorizes DPA to establish rules governing NDI.

Establishes group term life insurance benefits.Provides for Death Benefit from PERSSets Death Benefit at $5,000 plus 50 percent of oneyear's salary.

Provides for continuation of health plan coverageduring leave of absence.Sets employer contribution.

Sets 40-hour workweek and 8-hour day.Directs the DPA to establish and adjust workweekgroups.

Directs DPA to establish rules regarding cashcompensation and com pensating time off.Permits the granting of compensating time off in lieu ofcash compensation within 12 calendar months afterovertime worked.Requires DP A to adopt rules governing overtim e andthe appointing power to administer and enforce them.Allows use of accumulated compensable overtimewhile on temporary disability (due to work-incurredinjury) to augment paycheck.

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14. Callback Time19849.1 Allows DPA to set rules and standards fo r callbacktime based on prevail ing practices and the needs ofState service.

15. Deferred Com pensation19993 Allows employees to deduct a portion of their salariesto participate in a deferred compensation plan.

16. Relocation Expenses19841

17. Travel Expenses1982019822

Provides relocation expenses for involuntary transferor promotion requiring a change in residence.

Provides reimbursement of travel expenses for officersand em ployees of the State on State bus iness.Provides reimbursement to State for housing,maintenance and other services provided toemployees.

18. Unpaid Leaves of Absence19991.119991.219991.319991.4

19991.6

19. Performance Reports1999219992.1

19992.2

Allows the appointing power to grant a one-year leaveof absence; assures the employee a right of return.Allows the appointing power to grant a two-year leavefor service in a tec hnical cooperation program.Jury duty.Provides that absences of an employee for workincurred compensable injury or disease is consideredas continuous service for purposes of salaryadjustments, sick leave, vacation or seniority.Provides one year of pregnancy leave or less asrequired by a permanent female employee.

Provides for establishment of performance standardsby State agencies.Provides for a system of performance reports andallows DPA to enforce adherence to appro"priatestandards.Requires the appointing power to prepare performancereports and show them to the employee.

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19992.3

19992.4

20. Involuntary Transfers1984119994.1

19994.2

21. Demotion and Layoff19997.2

19997.3

19997.819997.9

19997.1019997.1119997.1219997.1319998

19998.1

Requires performance reports to be considere d insalary increases and decreases, lay offs, transfers,demotions, dismissals and promotional examinationsas prescribed by DPA rule.Allows DPA to establish rules leading to reduction inclass and compensation or dism issal for unsatisfactoryservice.

Provides relocation expenses for involuntary transferor promotion requiring a change in residence.Authorizes involuntary transfers. Requires 60-dayprior written notice when transfer requires change inresidence.Allows seniority to be considered when two or moreemployees are in a class affected by involuntarytransfers which require a change in residence.

Provides for subdivisional layoffs in a State agencysubject to DPA approval. Subdivisional reemploymentlists take priority over others.Requires layoffs according to seniority in a class,except for certain classes in which employee efficiencyis combined with seniority to determine order of layoff.Allows demotion in lieu of layoff.Provides for salary at maximum step on displacementby another employee's demotion, provided such salarydoes not exceed salary received when demoted.An employee displaced by an employee with returnrights may demote in lieu of layoff.Establishes reemployment lists for laid-off or demotedemployees.Guarantees sam e step of salary range uponrecertification after layoff or demotion.Requires 30-day written notice prior to layoff and notmore than 60 days after seniority computed.Employees affected by layoff due to managementinitiated changes should receive ass istance in findingother placement in State service.State Restriction on Appointments.

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22. Incompatible Activities19990

23. Use of State Time19991

24. Training19995.2

19995.3

Requires each appoi nting power to determine activitieswhich are incompatible, in conflict with, or inimical totheir em ployees' duties; provides for identification ofand prohibits such activi ties.

Provides State time for taking civil serviceexaminations including employment interviews foreligibles on employment lists, or attending a meeting ofDPA or SPB on certain matters.

Provides for counseling and training programs foremployees whose positions are to be eliminated byautomation, technological or management-initiatedchanges.Provides for Department of Rehabilitation to retrainand refer disabled State em ployees to positions inState service.

A. ification of the agreement by the union and app the Legislature, allons shall receive a general salary in two and one halfpercent retroactive to July 1,2005. The i I be calculated bymultiplying salary by 1.025. The that the actual salaryincrease for e ue to rounding.

B. Effective July 1, 2006Unit 2 classifications as1. The salary increaseConsumer Price IMarch 2006.

ovide a cost of living adjustment, to all

the total percentage change in themonth period from April 2005 throughliving adjustment shall becrease in the cost ofDepartment of Labor, Index CSeasonally Adjusted), Series CUUyear using the Consum erUrban - All Urban, United States.

of living adjustment shall not be less than 2.0% or

19

4.0%.

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Section Comment5.1 Salaries5.2 Salary RangeChanges5.3 Merit SalaryAdjustments5.4 Range Changes5.5 BilingualDifferential Pay5.6Overpayments/Payrall Errors5.7 Late Docks5.8 Timeiy Paymentof Wages5.9 Recruitmentand Retention,State Prisons5.10 Out-of-StateDifferential Pay5.11 NationalJudicial CollegeDifferential5.12 Recruitmentand RetentionDifferential

/ ' I L -MARK VEATCHChief Negotiator, DPA

Manage'ment Proposal

New LanguageRolled Over

Rolled Over

Rolled OverRolled Over

Rolled Over


Rolled Over

Rolled Over

Rolled Over

Rolled Over

-

Date: 7\7 \\\' } ~



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19995.3

riot,,,r""ine activitieswith, or inimical to

for identification of

civil serviceemployment interviews forlists, or attending a meeting ofin matters.

ing and training programs foritions are to be eliminated byv,...,........""" or management-initiated

rovides for Departmentand refer disabled State errRRlI1Vf'!eS

ARTICLE 5 - SALARIES .5.1 Salaries

A. UpOri" ratification of the agreement by the union and approval by the Legislature, allUnit 2 classifications shall receive a general salary increase of two and one halfpercent (2.5%) retroactive to July 1, 2005. The increase shall be calculated bymultiplying the base salary by 1.025. The parties recognize that the actual salaryincrease for each classification may vary slightly due to rounding.

B. Effective July 1, 2006 the State agrees to pr ovide a cost of living adjustment, to allUnit 2 classifications as follows:1. The salary increase shall be equal to the total percentage change in theConsumer Price Index (CP I) for the twelve month period from April 2005 throughMarch 2006. The specific amount of the cost of living adjustment shall bedetermined by the increase in the cost of living for the year using the Con sum erPrice Index, U.S. Department of Labor, Index CP I-W West Urban - All UrbanConsumers (Not Seasonally Adjusted), Series CUUR0400SAO, United States.2. The cost of living adjustment shall not be less than 2.0% or more than 4.0%.

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eg: If the cost of living for the year, as determ ined in #1 above, is less than2.0%, the cost of living adjustment for the year shall be established at 2.0%. Ifthe cost of living for the year is greater than 4.0%, for the specified period, thecost of living adjustment for the year shall be established at 4.0%. If the cost ofliving for the year increases by an amount between 2.0% and 4.0%, employeesshall receive the specific cost of living increase ro unded to the nearest tent h.

3. The parties recognize that the actual salary increase for each classification mayvary slightly due to rounding.4. The following illustrates the specific method of computation to be used incalculating the salary increase, using fictional data for illustration purposes only.EXAMPLE for 2006 Increase (as described in # 1)CPI for March 2006 (EXAM PLE ONLY)Less CPI for March 2005Index Point ChangeDivided by Previous CPI (March 2005)EqualsResult multiplied by 100 (100 x .02637)Cost of Living Adjustment for 2006

202.4197.1

5.2197.1.02637

2.62.6%

Salary adjustment effective Ju Iy 1, 2006 (EXAMPLE ON L Y) 2.6%5.2 Salary Range Changes

A. Entry Level Attorney Classes - New Salary Rate for Range AEffective Ju Iy 1, 2005, Range A of the following classes shall be changed to therate of $4410.Schem Code Class CodeOA93 5539OC65 5730OA72 57780047 5779OA70 - 57980165 6110ON60 6185ON65 6186

20

ClassificationReal Estate CounsellDeputy Attorney GeneralStaff CounselDeputy Attorney, CalTransLegal CounselFair Employment and Housing CounselFair Political Practices Commission CounselFair Political Practices CommissionCounsel-Enforcement

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OK70OA94OA75

618762726728

Corporations CounselBoard Counsel I, A LRBTax Counsel

B. 5% Minimum and Maximum Increase - Attorney III Level ClassesEffective July 1, 2006, the following classes shall be adj usted by increasing theminimum and the maximum of the salary range by 5%. Employees whose salaryrate is less than the minimum of the new salary range shall move to the newminimum and retain their salary anniversary date (MSA).Employees who have been at the old maximum salary rate for a minimum of twelve(12) qualifying pay periods shall receive a 5% increase. Employees at the oldmaximum salary rate for less than twelve (12) qualifying pay periods shall receive anew salary anniversary date based on qualifying service at the old maximum salaryrate. Qualifying service towards the twelve (12) qualifying pay periods shall be inaccordance with DPA Rules 599.682 (b) and 599.687.All other employees shall retain their sala ry and their salary anniversary d,ate (MSA).Schem Code Class Code ClassificationOA91 5537 Real Estate Counsel III (Specialist)OC60 5706 Deputy Attorney General IIIOD50 5763 Deputy State Public Defender0040 5789 Deputy Attorney III, CalTransOA82 5795 Staff Counsel III (S pecialist)OJ20 5812 Public Utilities Counsel III, PUC0155 6115 Senior Fair Employment and HousingCounsel (Specialist)0115 6180 Industrial Relations Counsel III (Specialist)OK80 6188 Senior Corporations Counsel (S pecialist)OA97 6204 Senior Commission Counsel (Specialist),FPPCOA96 6274 Senior Board Counsel, ALRBOA76 6733 Tax Counsel III (Speciali st)

C. 5% Minimum and Maximum Increase - Attorney IV Level Classes21 BU 206-07


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Effective July 1, 2006, the following classes shall be adjusted by increasing theminimum and the maximum of the salary range by 5%. Employees whose salaryrate is less than the minimum of the new salary range shall move to the newminimum and retain their salary anniversary date (MSA).Employees who have been at the old maximum salary rate for a minimum of twelve(12) qualifying pay periods shall receive a 5% increase. Employees at the oldmaximum salary rate for less than twelve (12) qualifying pay periods shall receive anew salary anniversary date based on qualifying service at the old maximum salaryrate. Qualifying service towards the twelve (12) qualifying pay periods shall be inaccordance with DPA Rules 599.682 (b) and 599.687.All other employees shall retain their sala ry and their salary anniversary date (MSA).Schem Code Class Code ClassificationOJ50 5699 Public Utilities Counsel IV, PUCOC50 5705 Deputy Attorney Genera I IVOD10 5772 Sr. Deputy State Public Defender(Range A only)OA80 5780 Staff Counsel IV0035 5788 Deputy Attorney IV, CalTrans0110 5981 Industrial Relations Counsel IVOA78 6722 Tax Counsel IV, Franchise T ax Board

5.3 Merit Salary AdjustmentsA. Employees shall receive annual merit salary adjustments (MSA) in accordance withGovernment Code Section 19832 and applicable Department of PersonnelAdministration rules.B. The employee shall be informed in writing of denial ten (10) working days prior to theproposed effective date of the merit salary adjustment.C. Denial of the MSA shall be subject to the grievance and arbitration pr ocedure.

5.4 Range ChangesEmployees shall receive upon movement to an alternate ran ge the salary and MSAprovided in the A Iternate Range Criteria f or the class. If there are no specific salaryregulations provided in the Alternate Range Criteria, the em ployee shall receive thesalary and MSA as provided in D PA Rule 599.681. Em ployees, at their discretion, whoare eligible for a range change may defer their range change up to six (6} qualifying payperiods in order to coincide the range change with the effective date of their MSA. Saidrequest by employee shall be in writing and submitted no less than thirty (30) days priorto the employee's anniversary date for purposes of the range change.

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5.5 Bilingual Differential PayBilingual Differential Pay applies to those positions designated by the Department ofPersonnel Administration as eligible to receive bilingual pay according to the followingstandards:A. Definition of bilingual positions for Bilingual Differential Pay

1. A bilingual position for salary differential purposes requires the use of a bilingualskill on a continuing basis averaging ten percent (10%) of the time. Anyoneusing their bilingual skills ten percent (10%) or more of the time will be eligiblewhether they are using them in a conversational, interpretation, or tr anslationsetting. In order to receive bilingual differential pay, the position/employee mustbe certified by the using departm ent and approved by the Departm ent ofPersonnel Administration. (Time should be an average of the time spent onbilingual activities during a given fiscal year.)2. The position must be in a work setting that requires the use of bilingual skills tomeet the needs of the public in either:

a. A direct public contact position;b. A hospital or institutional setting dealing with patient or inmate needs;c. A position utilized to perform interpretation, translation, or specializ edbilingual activities for the department and its clients.

3. Position(s) must be in a setting where there is a demonstrated client orcorrespondence flow where bilingual skills are clearly needed.4. Where organizationally feasible, departments should ensure that positions clearlymeet the standards by centralizing the bilingual responsibility in as few positionsas possible.5. Actual time spent conversing or interpreting in a second language and closelyrelated activities performed directly in conjunction with the specific bilingualtransaction will count toward the ten percent (10%) standard.

B. Rate1. An employee meeting the bilingual differential pay criteria during the entiremonthly pay period would receive a maximum one hundred dollars ($100) permonthly pay period, including holi days.2. A monthly employee meeting the bilingual differential pay criteria less than theentire pay period would receive the differential on a pro rata basis.3. A fractional month employee meeting the bilingual differential pay criteria wouldreceive the differential on a pro rata basis.4. An employee paid by the hour meeting the bilingual differential pay criteria wouldreceive a differential of fifty-eight cents ($.58) per hour.5. An employee paid by the day meeting the bilingual differential pay criteria wouldreceive a differential of four dollars and sixty-one cents ($4.61) per day.

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C. Employees, regardless of the time base or tenure, who use their bilingual sk ills morethan ten percent (10%) of the time on a continuing basis and are approved by theDepartment of Personnel Administration will receive the bilingual differential pay on aregular basis.D. Bilingual differential payments will become earnings and subject to contributions tothe California Public Employees' Retirement System (CaIPERS), OASDI, levies,garnishments, Federal and State taxes.E. Employees working in pOSitions which qualify for regular bilingual differential pay asauthorized by the Department of Personnel Administration may receive theappropriate pay during periods of paid time of f and absences (e.g., sick leave,vacation, holidays, etc.).F. Employees will be eligible to receive the bilingual differential payments on the datethe Department of Personnel Administration approves the departmental pay request.The effective date shall be retroactive to the date of appointment, not to exceed one(1) year, and may be retroactive up to two (2) years, to a position requirin g bilingualskills when the appointm ent documentation has been delayed. The effective date forbilingual pay differential shall coincide with the date qual ified employees begin usingtheir bilingual skills on a continuing b-asis averaging ten percent (10%) of the time,consistent with the other provisions of this section.G. Bilingual salary payments will be included in the calculation of lump sum vacation,sick leave and extra hour pay ments to employees terminating their State serviceappointment while on bilingual status.H. Qualifying employees in Work Week Group 2 shall receive bilingual salarycompensation for overtime hours worked.I. Employees receivi ng regular bil ingual differential pay will have their transfer rightsdetermined from the maximum step of the salary range for their class. Incum bentsreceiving bilingual pay will have the same transfer opportunities that other classincumbents are provided.J. The bilingual differential pay shall be included in the rate used to calculate tem porarydisability, industrial disability and non-industrial disability leave benefits.

5.6 Overpayments/Payroll ErrorsOverpayments/payroll errors shall be administered in accordance with GovernmentCode Section 19838.

5.7 Late DocksA. Notwithstanding Section 5.5 (Overpayments and Payroll Errors) and Section 5.7(Timely Payment of Wages), departments may elect to proceed as follows as itpertains to "late docks".

1. Whenever an employee is charged with a "late dock" as defined by the StateController's Office (SCO) for the purpose of issuing salary through the negativepayroll system, departments may issue the employee's paycheck for that periodas if no late dock occurred. This means that:24 BU 206-07


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B. It will be the responsibility of the employee to make sure voluntary deductions(e.g., credit union deductions, union dues, etc.) a re paid. Nothing in this subsectionshall be construed as a waiver of any individual right an em ployee may have apartfrom this agreement, to bring a personal action against the State as the result ofpayroll errors or delays. Said actions shall not be the subject of the grievance andarbitration procedure contained in this agreem ent.

C. This provision does not apply to those employees who have direct deposit. Thisprovision does not preclude advanc es if they are provided for under any other rulesor policies where direct deposit is involved.5.9 Recruitment and Retention, State Prisons

A. Effective July 1, 1998, Unit 2 employees who are employed at Avenal, Ironwood,Calipatria or Chuckawalla Valley State Prisons, Department of Corrections, fortwelve (12) consecutive qualifying pay periods, shall be eligible for a recruitment andretention bonus of $2,400, payable thirty (30) days following the completion of thetwelve (12) consecutive qualifying pay periods.B. If an employee voluntarily terminates, transfers, or is discharged prior to completingtwelve (12) consecutive pay periods at Avenal, Ironwood, Calipatria or ChuckawallaValley State Prisons, there will be no pro rata payment for those months at eitherfacility.C. If an employee is mandatorily transferred by the Department, he/she shall be eligiblefor a pro rata share for those months served.D. If an employee promotes to a different facility, or department other than Avenal,Ironwood, Calipatria or Chuckawalla Valley State Prisons prior to completion of thetwelve (12) consecutive qualifying pay periods, there shall be no pr 0 rata of thisrecruitment and retention bonus. A fier completing the twelve (12) consecutivequalifying pay periods, an em ployee who promotes within the Department will be .entitled to a pro rata share of the existing retention bonus.E. Part-time and intermittent employees shall receive a pro rata share of the annualrecruitment and retention differential based on the total number of hours workedexcluding overtime during the twelve (12) consecutive qualifying pay periods.F. Annual recruitment and retention pay ments shall not be consi dered as compensationfor purposes of retirement contributions.G. Employees on IDL shall continue to receive this stipend.H. If an employee is granted a leave of absence, the employee will not accure timetowards the twelve (12) qualifying pay periods, but the employee shall not berequired to start the calculation of the twelve (12) qualifying-pay periodsalFover. Forexample, if an employee has worked four (4) months at qualifying institution and thentakes six (6) months' maternity leave, the employee will have only eight (8) additionalqualifying pay periods before receiving the initial payment of $2,400.

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5.10 Out-of-State Differential PayUnit 2 employees who are headquartered 0 ut-of-State or who are on perm anentassignment to travel at least fifty percent (50%) of the time out-of-State shall receive apay differential of three hundred and fifty dollars ($350) per month.

5.11 National Judicial College DifferentialA. Employees in classes enumerated in Section E (below) who complete an equivalentjudicial education curriculum shall receive a monthly differential of five percent (5%)

of their salary. The differential shall be considered com pensation for purposes ofretirement.B. "Equivalent judicial education curriculum" means either a certificate issued by theNational Judicial College (NJC) in courses related to adm inistrative law adjudicationor twenty (20) hours of judicial education or certification as approved by thedepartment. Equivalency shall be determined by the Department of PersonnelAdministration based on recommendations from the employee's department.C. Employees already receiving the differential at the time this agreement is ratified bythe Legislature and CAS E's membership shall continue to receive the differential.D. Employees not receiving the differential at the time this agreement is ratified by theLegislature and CASE's membership who complete a qualified judicial educationcurriculum after July 1, 2000, may begin receiving the differential no earlier than thebeginning of the pay period following the month in which the curriculum wascompleted and not later t han the month following ratification of this agreement byboth CASE and the Legislature.

CASE recognizes that attendance at department provided training may be postponedfor a reasonable period of time to coincide with training offered for other employees.E. The State agrees to reim burse employees in Administrative Law Judge and HearingOfficer classifications; including Fair Hearing Speci alists; Office of AdministrativeHearings, Hearing Advisers (OAH); California Energy Commission, Hearing Advisers(CEC); and Workers' Compensation Conference Judges for necessary andreasonable expenses incurred (e.g., tuition and travel expenses) and to provide timeoff during normal work hours without loss of compensation, upon request, consistentwith operational needs, to attend a qualified judicial education curriculum as definedabove.F. Reimbursement for the above expe nses shall be in accorda nce with the Busines sand Travel Expense provision of this MOU.

5.12 Recruitment and Retention Di.fferentialA. Upon approval by the Departm ent of Personnel Adm inistration, departm ents mayprovide Unit 2 em ployees a recruitment and retention differential for specificpositions, classifications, facilities, or geographic locations.B. Less than full-time permanent employees shall receive the recruitm ent and retentiondifferential on a pro rata basis.

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C. Permanent intermittents shall receive a pro rated recruitment and retentiondifferential based on the hours worked in the pay period.D. Recruitment and retention payments shall not be considered as compensation forpurposes of retirement contributions.E. The department may withdraw any recruitment and retention differential for a specificposition(s), classifications, facilities or geographic locations for new hires with a30-day notice to CAS E.F. It is understood by CASE that the decision to implement or not implementrecruitment and retention pay ments or to withdraw authorization for such paymentsor differential, and the amount of such payments or differentials rest solely with theState and that such decision is not grievable or arbitrable.

Notwithstanding any other contract provision, departmentaltravel employees who are covered by FLSA shallworked if it the definitions and requirements ofthrou h 785 Title 29 of the Code of Federal

ork Week Group (WWG) 2 is, vacation, annual leave) shall befor purposes of determining if

Week Group 2 shall be com pensated at tim eoff at the discretion of each departmented overtime of at least one-quarter (1/4)

me. Employees will only be

ining whether overtim eprovided by this

e will be credited on a one-qu arter (1/4) hour basishour credit g ranted if half or more of the period is worked.will not be accumulated.

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Management Proposal

Bargaining Unit: 2Exclusive Representative: CASESubject: Furlough Protection

Due to the saving achieved through this agreement, the State shall not implement anew furlough program during the 12 months employees participate in the PersonalLeave Program - 2010. This section is not intended to change any other provision ofthe MOU.


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Management ProposalBargaining Unit: 2Exclusive Representative: CASESubject: State Compensation Insurance Fund, Pay Reduction

During the term of the Memorandum of Understanding (MOU), Bargaining Unit 2 (BU2)employees employed at State Compensation Insurance Fund, (SCIF) shall not besubjected to furloughs, Personal Leave Programs and/or any other form(s) ofcompensation or benefit reductions while still working.Notwithstanding this provision, BU2 employees employed at selF shall be subject toactual layoffs, consistent with this MOU, any applicable Government and InsuranceCode sections, and any related personnel regulations.Further, notwithstanding the above provisions, BU2 employees employed at Self shallbe subject to any additional pension contributions applicable to the entire B U @ ~ membership, and shall be entitled to any and all salary increases applicable40 BU2 inthis MOU.


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Section Comment6.1 Overtime6.2 Work WeekGroups6.3 Hours of Workand Work Schedules- WWGs E and SE -Effective September1, 19996.4 Telework6.5 Real TimeHearing Support(WCAB)6.6 Rest Periods6.7 Meal Periods(Work Week Group2-WWG2)

Chief Negotiator, DPA

Management Proposals

New LanguageRolled Over

Rolled Over





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Management Proposal

Bargaining Unit: 2 Date:Exclusive Representative: CASESubject: Article VI, Section 6.1, Overtime

The State and CASE agree consistent with Government Code, Section 19844.1 and theFair Labor Standards Act (FLSA), that no leave time shall be counted as hours workedfor the purpose of calculating overtime/premium rates of pay at one and one-half timesthe regular rate of pay.


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6.2 Work Week GroupsA. Work Week Group "2" - Graduate Legal Assistants and Deputy LaborCommissioners I

Work Week Group "2" applies to those clas sifications in State service subject to theprovisions of the Fair Labor Standards Act (FLSA). Overtime for employees subjectto the provisions of the FLSA is defined as all hours worked in excess of forty (40)hours in a period of one hundred sixty-eight (168) hours or seven consecutivetwenty-four (24) hour periods. Em ployees in Work Week Group 2 may accrue up totwo hundred forty (240) hours of compensating time off. All hours in excess of thetwo hundred forty (240) hour maximum accrual will be compensated in cash.All Unit 2 employees/classifications assigned to Work Week Group 1, 4A(e.g., Graduate Legal Assistants) and 4B Deputy Labor Commissioners I shall bemoved to Work Week Group 2.

B. Work Week Group "E" - Hearing Advisers, Hearing Officers, Judges, RefereesWork Week Group "E" includes classes that are exempted from coverage under theFLSA because of the "white-collar" (administrative, executive, professional)exemptions. To be eligible for this exem"ption a position must meet both the "salarybasis" and the "duties" test.Exempt (WWG E) employees are paid on a "salaried" basis and the regular rate ofpay is full compensation for all hours worked to perform assigned duties. However,these employees shall receive up to eight (8) hours holiday credit when authorized towork on a holiday. Work Week Group E em ployees shall not receive any form ofadditional compensation, whether formal or informal, unless otherwise provided bythis agreement.All employees/classifications presently assigned to Work Week 4C who are not in anattorney/counsel classification shall be moved to Work Week Group E (e.g., hearingadvisors, hearing officers, judges, referees, Deputy Labor Commissioner II, DeputyCommissioner-Board of Prison Terms).

C. Work Week Group "SE" - AttorneysWork Week Group "SE" applies to those positions/employees that under Federal laware statutorily exempt from coverage under the Fair Labor Standards Act. To beeligible for this exemption a person must hold a valid license or certificate permittingthe practice of law and be engaged in the practic e of law.The regular rate of pay is full compensation for all time that is required for the WWGSE employees to perform assigned duties. However, WWG SE employees shallreceive up to eight (8) h ours holiday credit when authorized to work on a holiday.Work Week Group SE employees snail not receive any form of additionalcompensation, whether formal or informal, unless otherwise provided by thisagreement.All attorney-counsel employees/classifications presently aSSigned to Work WeekGroup 4C shall be moved to Work Week Group SE.

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6.3 Hours of Work and Work Schedules - WWGs E and SE - EffectiveSeptember 1,1999The following shall apply to employees/classifications assigned to Work Week Groups Eand SE. 'A. Employees are expected to work all hours necessary to accomplish theirassignments and fulfill their responsi bilities. Employees will normally average forty(40) hours of work per week including paid leave; however, work weeks of a longerduration may occasionally be necessary.B. Employees shall not be denied eithe r flexible working hours or reduced work timeexcept for operational needs which shall be in writing. Employees with flexible workschedules shall comply with reasonable procedures established by their department.This section concerning flexible working hours and reduced work time is subject tothe grievance procedure up to and including the third level of review. It shall not besubject to arbitration.C. Employees are responsible fo r keeping management reasonably apprised of theirschedule and whereabouts; and, must respond to directions from management tocomplete work assignments. Employees may be required to record time for purposessuch as client billing, budgeting, case or proj ect tracking.D. Employees shall not:

1. Be charged any paid leave for absences in less than whole day increments.2. Be docked or have their salary reduced for absences of less than an entire day.3. Be suspended in increments of less than one (1) complete work week (i.e., oneweek, two weeks, three weeks, etc.)4. Have their pay reduced as a result of a disciplinary (adverse) action pursuant to

Government Code section 19572.5. Have absences of less than one (1) day recorded for attendance record keepingor compensation purposes.

6.4 TeleworkA. The State and CASE recognize that telework has been proven to improve employeemorale, reduce traffic congestion and im prove productivity.B. Employee requests to telework shall not be denied except fo r operational needs.When teleworking requests are denied, the reason shall be put in writing, ifrequested by the employee. Employees who believe their request to telework was

denied in violation of this subsection, may file a grievance that can be appealed tothe fourth level of the grievance procedure.

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6.5 Real Time Hearing Support (WCAB)A. The Department of Industrial Relations Division of Workers' Compensation shallinvestigate and study appropriate equipment and technology that may enable

Workers' Compensation Administrative Law Judges to comply with the summary ofevidence requirem ents of Labor Code Section 5313 without the necessity of theirtaking handwritten notes during the course of trial.

B. Such investigations and study of equipment and technology may include a pilotprogram utilizing real time capable reporters, computers and software and otherappropriate technology.

C. The parties recogniz e that any future changes that occur as a result of this studymay require new legislation or modifications to Workers' Compensations AppealsBoard regulations prior to their implementat ion.

D. Upon written request, but in no event m ore than once ann ually, the Division agreesto meet and discuss with the Union the progress of its investigation and study. Uponcompletion of the study the State agrees to notify and meet and discuss with theUnion the results and recommendations proposed by the study.

E. If new legislation or modifications to Workers' Compensation Appeals Boardregulations are recommended, the State agrees to notify the Union pursuant toArticle 4.3, prior to their im plementation.6.6 Rest Periods

A. An employee in WWG 2 may be granted a rest period on State tim e not to exceedfifteen (15) minutes each four (4) hours of his/her work shift, not to exceed thirty (30)minutes each workday. A rest period will not normally be granted during the first orlast hour of the work shift. An employee shall be permitted to leave his/her workarea during the rest period.

B. Rest periods may not be accumulated nor may they be used to "make-up" time.6.7 Meal Periods (Work Week Group 2 - WWG2)

A. ExcElpt for employees on a straight eight (8) hour shift, full-time employees shallnormally be allowed a meal period of not less than thirty (30) minutes or not morethan sixty (60) minutes which shall be scheduled near the middle of the work shift.Meal periods taken shall not be counted as part 0 f total hours worked.B. Employees working more than five (5) hours per day, but less than eight (8) hoursper day shall be entitled to a meal period of at least thirty (30) minutes. Meal periodsshall not be counted as part of total hours worked.

BU 206-07


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Management ProposalsBargaining Unit: 2Exclusive Representative: CASESubject: Article 7

Section Comment7.1 Purpose Rolled Over7.2 Definitions Rolled Over7.3 Time Limits Rolled Over7.4 Waiver of Steps Rolled Over7.5 Presentation Rolled Over7.6 Informal Rolled OverDiscussion7.7 Formal Rolled OverGrievance - Step 17.8 Formal Rolled OverGrievance - Step 2.7.9 Formal Rolled OverGrievance - Step 37.10 Response Rolled Over7.11 Formal Rolled OverGrievance - Step 47.12 Health and Rolled OverSafety Grievances7.13 Immediate Rolled OverDispute Resolution -Health and Safety I7.14 Grievance Rolled OverReview - / r:0:i2(-Chief Negotiator, DPA Chief Negotiator, CASE


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6.5

B.

C.

ustrial Relations Division of Workers' Cominvestigate and study appropriate equipment and technologyWorkers' Compensation Administrative Law Judges to comevidence requirem ents of Labor Code Secti on 5313 withouttaking handwritten notes during the course of trial.

ations and study of equipment and techlizing real time capable reporters, comtechnology.

n shall

r as a result of this studyrs' Compensations Appeals

D. Upon written ann ually, the Division agreesof its investigation and study. Uponto meet and dcompletion of the

Union the results andand meet and discuss with the

JIJU;: ' I ; ;U by the study.E. If new legislation or mnrl,to_.tin ers' Compensation Appeals Boardagrees to notify the Union pursuant toregulations are recommenArticle 4.3, prior to their im n , a ~ _ a r

An employee in WWG 2 mfifteen (15) minutes eachminutes each workday.last hour of the work sarea during the rest

a rest period on State tim e not to exceedof his/her work shift, not to exceed thirty (30)I not normally be granted during the first orbe permitted to leave his/her work

B. Rest periods m they be used to "make-up" time.

B.

ees on a straight eight (8)a meal period of not lessminutes which shall be schedushift, full-time employees shallthirty (30) minutes or not morethe middle of the work shift.

working more than five (5) hours per dshall be entitled to a meal period of at least thbe counted as part of total hours worked.less than eight (8) hoursminutes. Meal periods

ARTICLE 7 - GRIEVANCE AND ARBITRATION7.1 Purpose

A. This grievance procedure shall be used to process and resolve grievances arisi ngunder this MOU and employment-related complaints.31 BU 206-07


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7.7 Formal Grievance - Step 1A. If an informal grievance is not resolved to the satisfaction of the grievant, a formalgrievance may be filed no later than:

1. Twenty-one (21) calenda r days after the employee can reasonably be expectedto have known of the event occasioning the grievance;2. Fourteen (14) calendar day s after receipt of the decision rendered in the informalgrievance procedure.

B. However, if the informal grievance procedure is not initiated within the periodspecified in Item (1) above, the period in which to bring the grievance shall not beextended by Item (2) above.C. A formal grievance shall be initiated in writing on a form provided by the State andshall be filed with a designated supervisor or manager identified by each departm enthead as the first level of appeal.D. Within fourteen (14) calendar days after receipt of the formal grievance, the persondesignated by the department head as the first level of appeal s hall respond inwriting to the grievance.E. No contract interpretation or grievance settl ement made at this stage of thegrievance procedure shall be consider ed precedential.

7.8 Formal Grievance - Step 2If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievantmay appeal the decis ion within twenty-one (21) calendar day s after receipt to thedepartment head or his/her designee.Within thirty (30) calendar day s after receipt of the appealed grievance, the persondesignated by the department head as the second level of appeal shall respond inwriting to the grievance. A copy of the written response sha II be sent concurrently toCASE.

7.9 Formal Grievance - Step 3A. If the grievant is not satisfied with the decision rendered at Step 2, the grievant m ayappeal the decision within twenty-one (21) calendar days after receipt to the Director

of the Department of Personnel Administration or deSignee.B. Within thirty (30) calendar days after receipt of the appealed grievance, the Director

of the Department of Personnel Administration or deSignee shall respond i

110309 full case-tentative-agreement

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