Transcription
AgreementBetweenState of CaliforniaAndAmerican Federation of State, County and Municipal Employees(AFSCME)CoveringBARGAINING UNIT 19Health and Social Services/ProfessionalEffectiveJuly 1, 2016 through July 1, 2020
BARGAINING UNIT 19 - AMERICAN FEDERATION OF STATE, COUNTY ANDMUNICIPAL EMPLOYEES HEALTH AND SOCIAL SERVICES/PROFESSIONALTABLE OF CONTENTSPREAMBLE . 10ARTICLE 1 - RECOGNITION AND COVERAGE . 101.1 Recognition . 10ARTICLE 2 - UNION RIGHTS . 102.1 Fair Share Fees/Dues Reduction . 102.2 Information Provided . 112.3 Use of State Facilities . 122.4 Bulletin Boards . 122.5 Distribution of Literature . 122.6 Access to Employees . 132.7 Union Leave . 132.8 Stewards' Rights . 142.9 Use of State Equipment . 152.10 Orientation . 152.11 Individual Agreements Prohibited . 16ARTICLE 3 - STATE RIGHTS . 163.1 State Rights . 16ARTICLE 4 - SUPERSESSION . 174.1 Supersession . 17ARTICLE 5 - GRIEVANCE AND ARBITRATION PROCEDURE . 235.1 Purpose . 235.2 Definitions . 235.3 Time Limits. 232BU 192016-2020
5.4 Waiver of Steps. 235.5 Notification . 235.6 Presentation . 245.7 Informal Discussion . 245.8 Formal Grievance - Step 1 . 245.9 Formal Grievance - Step 2 . 245.10 Formal Grievance - Step 3 . 255.11 Formal Grievance - Step 4 . 255.12 Grievance Responses . 265.13 Failure to Respond . 26ARTICLE 6 - HOURS OF WORK AND OVERTIME . 266.1 Hours of Work and Overtime. 266.2 Voluntary Callback . 296.3 Standby . 296.4 Alternate Work Schedules . 306.5 Voluntary Reduced Worktime/Job Sharing . 316.6 Intermittent Employment of FLSA Exempt Employees . 316.7 Meal Periods . 326.8 Rest Periods . 326.9 Rest Areas . 326.10 Schedule/Shift Changes . 326.11 On-Call/Call Back Assignment for CDCR Exempt Employees . 33ARTICLE 7 – SALARIES. 357.1 Adjusted Pay Ranges . 357.2 Merit Salary Adjustments . 353BU 192016-2020
7.3 Institutional Worker Supervision Pay Differential (IWSP) (Formerly AlternateRange-40). . 357.4 Recruitment and Retention Differential . 367.5 Recruitment and Retention Differential – Rehabilitation Therapists . 367.6 Recruitment and Retention Differential Psychologists at DJJ . 377.7 Recruitment and Retention Differential – Individual Program Coordinator . 377.8 Recruitment and Retention Differential, California Department of Corrections &Rehabilitation (CDCR) . 387.9 Night Shift and Weekend Shift Differential . 397.10 Bilingual Differential Pay . 407.11 Overpayments/Payroll Errors . 427.12 Salary Definitions . 427.13 Clinical Supervision Differential – Licensed Clinical Social Workers andLicensed Psychologists. 437.14 Arduous Pay . 447.15 Union-Management Committee on State Payroll System . 467.16 Recruitment and Retention Differential – Pharmaceutical Consultant I –Department of Health Care Services . 467.17 Intern Supervision Differential . 467.18 Special Salary Adjustments . 47ARTICLE 8 – HOLIDAYS . 478.1 Holidays . 478.2 Personal Holidays . 50ARTICLE 9 – LEAVES . 519.1 Vacation . 519.2 Sick Leave . 549.3 Annual Leave . 569.4 Catastrophic Leave (Work and Family Transfer of Leave Credits) . 584BU 192016-2020
9.5 Bereavement Leave . 599.6 Jury Duty . 609.7 Unpaid Leaves of Absence . 609.8 Pregnancy/Parental Leave . 619.9 Adoption Leave . 619.10 Mentoring Leave . 619.11 Work and Family Participation . 639.12 Family Medical Leave Act (FMLA) . 649.13 Personal Leave . 669.14 Voluntary Personal Leave Program (VPLP) . 669.15 Personal Leave 2010 and 2012 . 689.16 No Mandated Reduction in Work Hours . 699.17 Catastrophic Leave - Natural Disaster . 699.18 Professional Development Days (PDD) . 709.19 Vacation/Annual Leave Cash Out . 71ARTICLE 10 – HEALTH AND WELFARE . 7210.1 Health and Welfare . 7210.2 Non-Industrial Disability Insurance – Vacation/Sick Leave Program . 7610.3 Enhanced Non-Industrial Disability Leave – Annual Leave Program . 7710.4 Industrial Disability Leave . 7910.5 Enhanced Industrial Disability Leave (EIDL) . 7910.6 Employee Assistance Program (EAP) . 8010.7 Group Legal Service Plan . 81ARTICLE 11 – RETIREMENT PLAN . 8111.1 Treatment of Employee Retirement Contribution . 8211.2 1959 Survivors’ Benefits-Fifth Level . 835BU 192016-2020
11.3 First Tier Eligibility for Employees In Second Tier . 8411.4 First Tier A Retirement Formula (2% at age 55), First Tier B RetirementFormula (2% at age 60) and Public Employees’ Pension Reform Act (PEPRA) FirstTier Retirement Formula (2% at age 62) Employee Contribution/Final Compensation. 8411.5 State Safety A Retirement Formula (2.5% at age 55), State Safety BRetirement Members (2% at age 55 up to 2.5% at age 60), and Public Employees’Pension Reform Act (PEPRA) State Safety Retirement Formula (2% at age57)/Employee Contribution/Final Compensation . 8611.6 Second-Tier Retirement Plan . 8811.7 Industrial Retirement . 9011.8 Alternative Pre-Retirement Death Benefit . 9011.9 Deferred Compensation/ (401(k)/457) . 9111.10 Public Employees’ Pension Reform Act of 2013 (PEPRA) . 9211.11 Prefunding of Post-retirement Health Benefits . 9211.12 Post-retirement Health and Dental Benefits Vesting . 9411.13 Employer Contribution for Retiree Health Benefits . 95ARTICLE 12 – ALLOWANCES AND REIMBURSEMENTS . 9712.1 Business and Travel Expense. 9712.2 Overtime Meals . 10212.3 License and Certification Renewal Fees . 10312.4 Commercial Driver’s License . 10612.5 Activity Supplies . 10812.6 Special Events and Planned Program Activities . 10912.7 Rental and Utility Rates . 10912.8 Transportation Incentives and Parking Rates . 11112.9 Professional Association Dues. 11212.10 Chaplains’ Required Denominational Conventions or Gatherings . 1126BU 192016-2020
12.11 California Sex Offender Management Board (CASOMB) Initial Credentialingand Renewal Fees . 112ARTICLE 13 – HEALTH AND SAFETY . 11313.1 Health and Safety . 11313.2 Protective Clothing . 11313.3 Employee Protections . 11413.4 Personal Alarm Systems . 11413.5 Replacement of Damaged Personal Clothing and/or Articles . 11413.6 Smoke-Free Environment . 11513.7 Workplace Violence Prevention . 11513.8 Environmental and Ergonomic Health and Safety. 11513.9 On-The-Job Injury Reports. 11613.10 Protective and Safety Equipment . 11613.11 Health and Safety Grievance . 11613.12 Joint Labor/Management Committee on Rental Vehicle Utilization. 117ARTICLE 14 – EDUCATION AND TRAINING . 11714.1 Professional Education and Training . 11714.2 Leave for Required Continuing Education . 11814.3 Career Development . 12214.4 Licensing and Certification . 12214.5 Training Records. 12314.6 Chaplains Annual Training . 123ARTICLE 15 – PERSONNEL ACTIVITIES . 12315.1 Adverse Action . 12315.2 Disciplinary Representation . 12415.3 Out Of Class . 1247BU 192016-2020
15.4 Classification Changes . 12515.5 Unit Assignment of New Classifications . 12515.6 Incompatible Activities . 12515.7 Performance Appraisal . 12715.8 Official Departmental Personnel File . 12715.9 Transfers . 12815.10 Reasonable Accommodation . 12815.11 Additional Duties . 12915.12 Requests for Reinstatement After AWOL Separation . 12915.13 Administrative Procedures Act . 13015.14 Broadbanding. 13015.15 Union Initiated Classification Discussions . 13015.16 Administrative Representation in Board Complaints . 13115.17 Process for Determination of Appropriate Work Week Group . 13115.18 Hardship Transfer . 13115.19 Administrative Investigations. 132ARTICLE 16 - LAYOFF AND DISPLACEMENT . 13216.1 Layoff and Reemployment . 13216.2 Alternatives to Layoff . 13316.3 Displacement . 133ARTICLE 17 – MISCELLANEOUS . 13417.1 Rehabilitation Production Goals . 13417.2 Drug Testing Of Commercial Driver License Holders . 13417.3 Medical Staff Membership and By-Laws . 13417.4 Telecommute/Telework Program . 13517.5 Professional Judgment . 1358BU 192016-2020
17.6 Workspace . 13617.7 Tools and Resources . 13617.8 Essential Religious Items . 136ARTICLE 18 - CONTRACTING OUT. 13618.1 – Contracting Out . 136ARTICLE 19 - GENERAL PROVISIONS . 13819.1 Entire Agreement . 13819.2 Saving Clause . 13919.3 No Strike Clause . 13919.4 No Lockout . 13919.5 Discrimination Complaint . 13919.6 Labor/Management Committee. 14019.7 Contracting Out and Professional Retention Committee (COPRC) . 141ARTICLE 20 – TERM. 14120.1 Contract Term . 14120.2 Continuous Appropriation . 142SIDELETTERS . 143Side Letter 1 . 143ATTACHMENTS . 144Appendix A – Medical Staff Membership . 144Salary Schedule . 147Signature Page . 1549BU 192016-2020
PREAMBLEThis AGREEMENT, hereinafter referred to as the Agreement, entered into by theSTATE OF CALIFORNIA, hereinafter referred to as the State or the State employer,pursuant to Sections 19815.5 and 3517 of the Government Code, and the AmericanFederation of State, County and Municipal Employees (AFSCME), Council 57, Local2620, AFL-CIO, hereinafter referred to as AFSCME, has as its purpose the promotion ofharmonious labor relations between the State and AFSCME; establishment of timely,equitable, and peaceful procedures for the resolution of differences; and theestablishment of rates of pay, hours of work, and other conditions of employment.The term "Agreement" as used herein means the written Agreement provided underSection 3517.5 of the Government Code.ARTICLE 1 - RECOGNITION AND COVERAGE1.1 RecognitionA. Pursuant to Public Employment Relations Board Case No. S-SR-19, the Staterecognizes AFSCME as the exclusive representative for all employees in the Healthand Social Services Employees/Professional, Bargaining Unit 19.B. Pursuant to Government Code Sections 19815.5 and 3517, AFSCME recognizesthe Director of the California Department of Human Resources or his/her designeeas the negotiating representative for the State and shall negotiate exclusively withthe Director or his/her designee, except as otherwise specifically spelled out in theAgreement.C. Upon initial appointment to any Bargaining Unit 19 position as a probationary orpermanent employee, the employee shall be informed by the employer thatAFSCME is the recognized employee organization for the employee in saidclassification. The State shall present the employee an approved packet ofinformation which has been supplied by AFSCME. AFSCME shall have the right toparticipate in new employee orientation as defined in Article 2.10.ARTICLE 2 - UNION RIGHTS2.1 Fair Share Fees/Dues ReductionA. The State agrees to deduct and transmit to AFSCME all membership duesauthorized on a form provided by AFSCME. Effective with the beginning of the firstpay period following ratification of this Agreement by the Legislature and the Union,the State agrees to deduct and transmit to AFSCME Fair Share fees from Stateemployees in Bargaining Unit 19 who do not become members of AFSCME. TheState and AFSCME agree that a system of Fair Share deductions shall be operatedin accordance with Government Code sections 3513(h), 3513(j), 3515, 3515.6,3515.7, and 3515.8 subject to the following provisions:10BU 192016-2020
1. The State and AFSCME agree that if a Fair Share rescission election isconducted in Bargaining Unit 19 pursuant to Government Code Section3515.7(d), a majority of those votes cast, rather than the majority of the membersof the unit, shall determine whether the Fair Share deductions shall continue.2. Employees who voluntarily become a member of AFSCME shall remainmembers of AFSCME in good standing for the length of the Agreement.However, this provision shall not apply to any employee who, within thirty (30)days prior to the expiration of the Agreement, withdraws from AFSCME bysending AFSCME a signed withdrawal letter and a copy to the State Controller’sOffice. An employee who so withdraws his or her membership shall be subject topaying a Fair Share fee if such a fee is applicable to AFSCME.3. AFSCME deductions shall remain in full force and effect during the life of thisAgreement.4. AFSCME agrees to indemnify, defend, and hold the State and its agentsharmless against any claims made of any nature and against any suit institutedagainst the State arising from this Article and the deductions arising therefrom.5. AFSCME agrees to annually notify all State employees in Bargaining Unit 19 whopay Fair Share fees of their right to demand and receive from AFSCME a returnof part of that fee pursuant to Government Code Section 3515.8.6. No provision of this Article nor any disputes arising thereunder shall be subject tothe grievance and arbitration procedure contained in this Agreement.2.2 Information ProvidedA. The State Controller’s Office (SCO) agrees to provide a list, at AFSCME expense, ofall employees in Bargaining Unit 19 and their home addresses. Where an individualhas requested that his/her home address not be divulged, the agency number andreporting unit shall be provided in place of the home address. The list shall not beprovided more frequently than a monthly basis.B. Upon request, the SCO shall provide AFSCME with the worksite location, includingthe county code, agency code, department name and facility name of all BargainingUnit 19 employees. AFSCME agrees to pay any necessary cost incurred by theSCO for the reports.C. The SCO agrees to provide a list, at AFSCME’s expense, of all employees enteringor leaving Bargaining Unit 19. This list shall be provided upon request, but not morefrequently than monthly.D. When the Department determines that a job vacancy is available for recruitment, theDepartment will endeavor to make job vacancy announcements available atappropriate worksites and/or post such announcements on bulletin boards.11BU 192016-2020
E. Each Department will endeavor to provide to AFSCME, copies of memosimplementing department-wide hiring or promotional freezes, department-wide travelcuts, or department-wide training fund reductions and will encourage State Hospitalsto also provide such information to AFSCME’s Chief Stewards.2.3 Use of State FacilitiesThe State will permit use of designated facilities for Union meetings, subject to theoperating needs of the State. Requests for use of such State facilities shall be made inadvance to the appropriate State official. When required, AFSCME shall reimburse theState for additional expenses, such as security, maintenance, and facility managementcosts or utilities incurred as a result of AFSCME’s use of such State facilities. Suchcosts will be determined at the time of the request and shall be consistent with thecharge made to other organizations.2.4 Bulletin BoardsThe Union may use bulletin boards designated by the State to post materials related toUnion business. Any materials posted must be dated and initialed by the Unionrepresentative responsible for the posting, and a copy of all materials posted must bedistributed to the facility or office supervisor at the time of posting. AFSCME agrees thatnothing libelous, obscene, defamatory, or of a partisan political nature shall be posted.Upon mutual agreement between the parties, AFSCME representatives may utilize theState’s electronic communication mechanisms to post management approvedinformation.2.5 Distribution of LiteratureA. Union representatives may, during non-work hours, distribute literature in non-workareas in accordance with the access provisions of this Agreement. AFSCME agreesthat any literature distributed will not be libelous, obscene, defamatory, or of apartisan political nature.B. Departments will deliver Union materials sent by U.S. Mail to the designatedAFSCME stewards, in a manner consistent with existing departmental policies. Allmail must be clearly marked with the name, address, and work location or programnumber of the steward. The number of items shall be limited to the approximatenumber of Bargaining Unit 19 empl
The term "Agreement" as used herein means the written Agreement provided under Section 3517.5 of the Government Code. ARTICLE 1 - RECOGNITION AND COVERAGE 1.1 Recognition A. Pursuant to Public Employment Relations Board Case No. S-SR-19, the State recognizes AFSCME as the exclusive representative for all employees in the Health
