Transcription
Agreement BetweenThe State of CaliforniaandInternational Union of Operating Engineers,Locals 39 and 501, AFL-CIOcoveringBARGAINING UNIT 13STATIONARY ENGINEERSEffectiveJuly 1, 2019 through June 30, 2022
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCALS 39 AND 501,AFL-CIOBARGAINING UNIT 13STATIONARY ENGINEERSTABLE OF CONTENTSPREAMBLE . 8ARTICLE 1 – RECOGNITION . 8ARTICLE 2 – UNION RIGHTS . 82.1 Dues Deduction and Security. 82.2 Membership Dues . 92.3 Access . 92.4 Use of State Facilities . 92.5 Use of State Equipment . 92.6 Home Addresses . 102.7 Bulletin Boards . 112.8 Distribution of Literature . 112.9 Stewards' Rights . 122.10 Intentionally Excluded . 122.11 Intentionally Excluded . 122.12 Release Time for State Personnel Board Hearings . 12ARTICLE 3 - MANAGEMENT RIGHTS . 123.1 Management Rights . 12ARTICLE 4 – GENERAL PROVISIONS . 134.1 No-Strike . 134.2 No Lockout . 134.3 No Reprisals . 131BU 132019-2022
4.4 Entire Agreement . 134.5 Supersession . 144.6 Savings Clause . 214.7 Legislation . 214.8 Parking/Transportation Incentives . 214.9 Work Clothing . 224.10 Uniform Allowance . 234.11 Incentive Award Program . 254.12 State Owned Housing Rental and Utility Rates . 254.13 Work Assignments . 264.14 Individual Agreements . 264.15 Involuntary Transfer Requiring Change in Residence . 264.16 Appeal of Involuntary Transfer . 274.17 Shift Changes . 274.18 Management Directed Out-of-Classification Assignments . 284.19 Layoff and Reemployment . 294.20 Mandatory Placement . 304.21 Footwear Reimbursement . 30ARTICLE 5 – GRIEVANCE AND ARBITRATION PROCEDURE . 315.1 Purpose . 315.2 Definitions . 315.3 Waiver of Time Limits/Steps . 315.4 Presentation . 325.5 Formal Grievance - Step 1 . 325.6 Formal Grievance - Step 2 . 322BU 132019-2022
5.7 Formal Grievance - Step 3 . 335.8 Reconsideration . 335.9 Board of Adjustment . 335.10 Arbitration. 345.11 Health and Safety Grievances . 34ARTICLE 6 – INTENTIONALLY EXCLUDED . 35ARTICLE 7 – HOURS OF WORK AND OVERTIME . 357.1 Overtime . 357.2 Night Shift Differential . 367.3 Overtime Distribution . 367.4 Workweek . 377.5 Calls to Work/Scheduled Overtime . 377.6 Rest Periods . 387.7 Meal Periods . 387.8 Immediate Response Status – CAL FIRE . 38ARTICLE 8 – HOLIDAYS . 398.1 Holidays . 398.2 Holiday Credits – Caltrans . 42ARTICLE 9 – LEAVES . 429.1 Vacation . 429.2 Annual Leave . 449.3 Sick Leave . 469.4 Bereavement Leave . 489.5 Jury Duty . 499.6 Unpaid Leaves of Absence . 493BU 132019-2022
9.7 Adoption Leave . 509.8 Parental Leave . 509.9 Voluntary Reduced Worktime . 519.10 Transfer of Leave Credits . 519.11 Catastrophic Leave - Natural Disaster . 529.12 Personal Leave . 539.13 Mentoring Leave . 539.14 Work and Family Participation . 549.15 Personal Leave Program 2011 . 559.16 Personal Development Days. 569.17 Vacation/Annual Leave Cash Out . 589.18 Wounded Warriors Transitional Leave . 599.19 Training Leave . 59ARTICLE 10 – HEALTH AND WELFARE . 6010.1 Health, Dental, and Vision Benefits. 6010.2 Continuation of Benefits . 6210.3 Industrial Disability Leave . 6310.4 Non-Industrial Disability Insurance. 6310.5 Non-Industrial Disability Insurance For Employees In The Annual LeaveProgram . 6410.6 Enhanced Industrial Disability Leave (EIDL) . 6610.7 Flexible Benefit Program . 6710.8 Post Retirement Health Benefit Vesting (1989 through 2016). 6810.9 Long-Term Care Insurance Plan . 6910.10 Rural Health . 6910.11 Prefunding of Post-retirement Health Benefits . 694BU 132019-2022
10.12 Post-Retirement Health and Dental Benefits Vesting . 7010.13 Employer Contribution for Retiree Health Benefits. 7110.14 Compliance with the State and Federal Law . 73ARTICLE 11 – RETIREMENT . 7311.1 First Tier A Retirement Formula (2% at age 55) First Tier B RetirementFormula (2% at age 60) and Public Employees’ Pension Reform Act (PEPRA)First Tier Retirement Formula (2% at age 62) . 7311.2 First Tier Eligibility for Employees in Second Tier . 7711.3 State Safety A Retirement Formula (2.5% at age 55), State Safety BRetirement Formula (2% at age 55), and PEPRA State Safety RetirementFormula (2% at age 57) . 7711.4 Public Employees’ Pension Reform Act of 2013 (PEPRA) . 7911.5 Defined Contribution Plans . 8011.6 Alternative Pre-retirement Death Benefit . 8011.7 1959 Survivors' Benefits – Fifth Level . 8111.8 Items Excluded From Compensation For Retirement Purposes . 8211.9 Tax Treatment of Employee Retirement Contributions . 82ARTICLE 12 – SAFETY AND HEALTH . 8412.1 Health and Safety Committees . 8412.2 Employee Assistance Program . 8412.3 Infectious Diseases . 85ARTICLE 13 – CAREER DEVELOPMENT . 8613.1 Release Time for State Civil Service Examination . 8613.2 Training Fund . 8613.3 Classification Proposals . 8613.4 Location of, and Employee Access to, Personnel Files . 8613.5 Interviews . 875BU 132019-2022
ARTICLE 14 – POST AND BID . 8714.1 Post and Bid - Local Plant . 8714.2 Post and Bid to Other Plants . 8814.3 Intentionally Excluded . 8914.4 Intentionally Excluded . 8914.5 Intentionally Excluded . 8914.6 Intentionally Excluded . 8914.7 Intentionally Excluded . 8914.8 Intentionally Excluded . 8914.9 Intentionally Excluded . 8914.10 Intentionally Excluded . 8914.11 Reassignment . 8914.12 Post and Bid Seniority Ties . 90ARTICLE 15 – BUSINESS AND TRAVEL EXPENSES . 9015.1 Business and Travel Expenses . 9015.2 Overtime Meal Allowance . 9715.3 Water and Wastewater Plant Operator Certification . 98ARTICLE 16 – SALARIES. 9816.1 Salaries . 9816.2 Timely Payment of Wages . 9916.3 Recovery of Overpayments . 10016.4 Excess Time . 10216.5 Bilingual Differential Pay . 10216.6 Recruitment and Retention for Avenal, Chuckawalla, Ironwood,Centinela, Calapatria, High Desert, and Pelican Bay State Prisons; R.J.6BU 132019-2022
Donovan Correctional Facility; California Correctional Center; and SierraConservation Center . 10416.7 Certified Backflow Tester Differential . 10516.8 Salary Survey. 10616.9 Water/Wastewater Treatment Plant Operator (Chief Plant Operator)Differential . 10616.10 Differential . 10716.11Recruitment and Retention, Greater Bay Area . 10816.12 EPA Section 608 Technician Certification Differential . 10916.13 Caltrans Commercial Driver’s License Differential . 10916.14 Plant Experience Recruitment and Retention Differential . 109ARTICLE 17 – DURATION . 10917.1 Duration . 109ARTICLE 18 – CONTRACT PROTECTION – CONTINUOUSAPPROPRIATIONS . 11018.1 Continuous Appropriations . 110ADDENDUMS AND ATTACHMENTS . 111Addendum A – Post and Bid Form. 111Addendum B - Plants - Shift/Job Assignments . 112Addendum C - Holiday Compensation Chart . 115Salary Schedule . 0Signature Page (To be added) . 07BU 132019-2022
PREAMBLEThis AGREEMENT, hereafter referred to as the Agreement, entered into by the STATEOF CALIFORNIA, hereafter referred to as the State or the State employer, pursuant tosections 19815 and 3517 of the Government Code and the INTERNATIONAL UNIONOF OPERATING ENGINEERS, Stationary Engineers Division, State of California,Locals 39 and 501, AFL-CIO, hereafter referred to as IUOE, has as its purpose thepromotion of harmonious labor relations between the State and IUOE; establishment ofan equitable and peaceful procedure for the resolution of differences; and theestablishment of rates of pay, hours of work, and other terms/conditions of employment.The term "Agreement" as used herein means the written Agreement provided undersection 3517.5 of the Government Code.ARTICLE 1 – RECOGNITIONA. Pursuant to the Public Employment Relations Board certification S-SR-13, theState recognizes IUOE as the exclusive negotiating agent for all employees inBargaining Unit 13, Stationary Engineers Unit.B. Pursuant to Government Code sections 19815 and 3517, IUOE recognizes theDirector of the California Department of Human Resources or his/her designeeas the negotiating representative for the State and shall negotiate exclusivelywith the Director or his/her designee, except as otherwise specifically providedfor herein.ARTICLE 2 – UNION RIGHTS2.1 Dues Deduction and SecurityA. It is the intent of this section to provide for payroll deductions of IUOE membersto be deducted from their warrants insofar as permitted by law. The State agreesto deduct and transmit to IUOE all authorized deductions from all IUOE memberswithin Unit 13 who have signed an approved authorization card for suchdeductions on a form provided by IUOE less actual administrative costs incurredby the State Controller.B. The amount of dues deducted from IUOE members' pay warrants shall be set byIUOE and changed by the State upon written request of IUOE.C. IUOE agrees to indemnify, defend, and hold the State harmless against anyclaims made of any nature and against any suit instituted against the Statearising from its check-off for IOUE dues.8BU 132019-2022
2.2 Membership DuesA. Effective with the beginning of the first pay period following ratification of thisAgreement by the Legislature and the Union the State employer agrees to deductand transmit to IUOE all deductions authorized on a form provided by IUOE.Such authorized dues deductions shall be remitted monthly to IUOE along withan adequate itemized record of deductions. IUOE shall pay any reasonable costsincurred by the State Controller. The State employer shall not be liable in anyaction brought by a State employee seeking recovery of, or damages for,improper use or calculation of deductions arising under this section and IUOEagrees to indemnify, defend, and hold the State employer harmless for any suchaction.B. The amount of membership dues shall be set by IUOE and changed by the Stateupon written notice from IUOE.C. Under no circumstances is membership in IUOE a condition of State employmentfor employees covered by this Agreement.D. No provision in this Article shall be subject to the grievance and arbitrationprocedure contained in this Agreement.2.3 AccessA. During the term of this Agreement, paid staff representatives of IUOE may visitthe work site for purposes related to the implementation and enforcement of thisAgreement. Access shall be at the discretion of the department head or designeeand cannot interfere with the work of the employees. The paid staffrepresentatives may be required to notify the department head or designee atleast twenty-four (24) hours in advance of the visit. Access shall not beunreasonably withheld.B. The department head may restrict access to certain work sites or areas forreasons of safety, privacy, public order or other business-related reasons.2.4 Use of State FacilitiesThe State will continue to permit use of certain facilities for IUOE meetings, subject tothe operating needs of the State. Requests for use of such State facilities shall be madein advance to the appropriate State official. When required, IUOE shall reimburse theState for additional expenses, such as security, maintenance and facility managementcosts, or utilities, incurred as a result of IUOE's use of such State facilities.2.5 Use of State EquipmentIUOE stewards shall be permitted reasonable use of State phones to make calls forIUOE representation purposes provided that such use does not result in unreasonablecosts to the State or interfere with State operations.9BU 132019-2022
IUOE stewards, for representational purposes, shall also be permitted reasonable andoccasional use of fax machines and e-mail provided a computer and e-mail address isaccessible and utilized as a normal part of his/her duties. Use of such equipment shallnot result in unreasonable costs to the State nor interfere with State operations.2.6 Home AddressesA. Release of Home Addresses – GenerallyConsistent with PERB regulations and State law, the State shall continue toprovide IUOE with home addresses on a monthly basis for all employeescovered by this Contract until it expires.The Union understands that it is the State’s position that any employee may havehis/her home address withheld from the Union at any time by submitting a writtenrequest to his/her appointing power on a form provided by the State.B. Home Address Withholding By EmployeesEffective one-month following ratification of this Agreement by both parties, theState will no longer use an Employee Action Request form that provides Unit 13employees with the option of having their home address withheld from IUOE.Instead, employees will, upon request, be given a separate form by theirappointing power that permits two choices in accordance with the State’s positionin “A” above: (1) withhold their address from IUOE, or (2) to cancel a previouswithhold request thereby permitting release of their home address to IUOE.C. Home Address Withhold Notification to EmployeesWithin one month following ratification of this Agreement by both parties, theState will send a letter to all existing Unit 13 employees that have previouslyrequested their home address remain confidential. The letter will provide saidemployees with the option of canceling their previous withhold request therebypermitting release of their home address to IUOE. Home address withholdrequests from employees who do not respond to the letter will continue to behonored by the parties.D. Release and Use of AddressesThe State Controllers Office will send IUOE a list of all Unit 13 employees who,pursuant to subsection (C) above, either did not respond or responded byindicating they wanted to continue withholding their home address from IUOE.Said list(s) will contain the employees’ name, agency and reporting unit.E. Home Address Mailings By The StateThe State will annually mail Hudson notices and Union information to the homeaddress of employees who have requested their home address be withheld from10BU 132019-2022
IUOE. Said material shall be provided by IUOE. The cost of this mailing shall bepaid for by IUOE. IUOE agrees to hold the State harmless for any annual mailthat does not reach Unit 13 employees.F. Address ConfidentialityEmployee work and home addresses shall be maintained as confidential byIUOE. IUOE shall take all reasonable steps to ensure the security of work andhome addresses, and shall not disclose or otherwise make them available to anyperson, entity or organization. Employee addresses shall only be used by IUOEfor representational purposes.G. Costs ReimbursableIUOE agrees to pay necessary and reasonable costs incurred by the StateController’s Office to produce the necessary name/home/work address tape fileon a monthly basis.H. Hold Harmless and IndemnificationNotwithstanding any other provision of this Agreement, IUOE agrees to jointlydefend this section and to hold the State of California, its subdivisions, andagents harmless and to indemnify them for costs and fees they incur in defendingchallenges from any employee or employees.2.7 Bulletin BoardsA. IUOE may have access to employee organization bulletin boards to postmaterials related to Union business. Any materials posted must be dated andinitialed by the Union representative responsible for the posting, and a copy of allmaterials posted must be distributed to the facility supervisor at the time ofposting.B. The Union shall hold the State employer harmless from any actions resultingfrom any materials posted or distributed by the Union.2.8 Distribution of LiteratureA. Duly appointed job stewards may, before working hours or during the mealbreak, distribute official employee organization literature in accordance withdepartment access policy. Organizational literature shall not be libelous,obscene, or defamatory.B. IUOE shall hold the State employer harmless from any actions resulting from anymaterials posted or distributed by the Union.11BU 132019-2022
2.9 Stewards' RightsA written list of IUOE stewards serving each work location, listed by department, shallbe furnished to the State immediately after their designation, and IUOE shall notify theState promptly of any changes of such officers or stewards. IUOE stewards shall not berecognized by the State until such lists or changes thereto are received. There shall beno more than one IUOE steward per work location.2.10 Intentionally Excluded2.11 Intentionally Excluded2.12 Release Time for State Personnel Board HearingsThe State shall provide reasonable time off without loss of compensation for areasonable number of employees to attend hearings conducted by the California StatePersonnel Board during the employees' normal work hours provided that the employeeis a party to the hearing proceedings, e.g., an appellant, or witness under SPBsubpoena. Upon five (5) working days advance notice, an employee who is specificallyaffected by the results of a hearing and has been scheduled to appear or testify by theState Personnel Board shall be provided reasonable time off without loss ofcompensation.ARTICLE 3 - MANAGEMENT RIGHTS3.1 Management RightsA. All State employer rights and functions, except those which are expresslyabridged by this Agreement, shall remain vested with the State.B. The rights of the State include, but are not limited to, the exclusive right todetermine the mission of its constituent departments, commissions, and boards;set standards of service; determine the procedures and standards of selection foremployment and promotion; train, direct, schedule, assign, and transfer itsemployees; take disciplinary action; relieve its employees from duty because oflack of work, lack of funds
The term "Agreement" as used herein means the written Agreement provided under section 3517.5 of the Government Code. ARTICLE 1 - RECOGNITION A. Pursuant to the Public Employment Relations Board certification S-SR-13, the State recognizes IUOE as the exclusive negotiating agent for all employees in Bargaining Unit 13, Stationary Engineers Unit.
