Transcription
Agreement BetweenThe State of California andCalifornia Attorneys, Administrative Law Judges and Hearing Officersin State Employment (CASE)coveringBARGAINING UNIT 2ATTORNEYS AND HEARING OFFICERSEffectiveJuly 1, 2021 through June 30, 2022
TABLE OF CONTENTSARTICLE 1 – RECOGNITION AND PURPOSE . 101.1 Recognition and Purpose . 10ARTICLE 2 – CASE RIGHTS . 102.1 CASE Representation . 102.2 Access. 112.3 Bulletin Boards . 112.4 Distribution of Literature . 122.5 Bargaining Unit Information. 122.6 Use of State Rooms, Phones, and Electronic Communication Equipment. 122.7 Fair Share Fees/Dues Deduction . 132.8 Safety Committee. 132.9 New Employee Orientation. 132.10 Union's Right to Employee Contact Information . 14ARTICLE 3 – STATE RIGHTS . 143.1 State Rights. 14ARTICLE 4 – GENERAL PROVISIONS . 154.1 No-Strike/No Lockout Clause . 154.2 Savings Clause . 154.3 Entire Agreement . 154.4 Supersession . 16ARTICLE 5 - SALARIES . 235.1 Salaries . 235.2 Intentionally Excluded . 245.3 Merit Salary Adjustments . 245.4 Range Changes . 242BU 22021-2022
5.5 Bilingual Differential Pay . 245.6 Overpayments/Payroll Errors . 265.7 Late Docks . 265.8 Timely Payment of Wages . 275.9 Recruitment and Retention, State Prisons . 285.10 Out-of-State Differential Pay . 295.11 National Judicial College Differential . 295.12 Recruitment and Retention Differential. 30ARTICLE 6 – HOURS OF WORK. 306.1 Overtime. 306.2 Work Week Groups . 316.3 Hours of Work and Work Schedules – WWGs E and SE – EffectiveSeptember 1, 1999. 326.4 Telework. 336.5 Real Time Hearing Support (WCAB). 336.6 Rest Periods. 346.7 Meal Periods (Work Week Group 2 – WWG2) . 34ARTICLE 7 GRIEVANCE AND ARBITRATION . 347.1 Purpose. 347.2 Definitions . 347.3 Time Limits. 357.4 Waiver of Steps . 357.5 Presentation . 357.6 Informal Discussion . 357.7 Formal Grievance - Step 1 . 357.8 Formal Grievance - Step 2 . 363BU 22021-2022
7.9 Formal Grievance - Step 3 . 367.10 Response . 367.11 Formal Grievance - Step 4 . 367.12 Health and Safety Grievances. 377.13 Immediate Dispute Resolution - Health and Safety . 387.14 Grievance Review . 40ARTICLE 8 - HOLIDAYS . 408.1 Holidays . 40ARTICLE 9 - LEAVES . 449.1 Vacation Leave. 449.2 Unpaid Leave of Absence . 489.3 Sick Leave. 489.4 Bereavement Leave . 509.5 Parental Leave . 529.6 Adoption Leave . 529.7 Catastrophic Leave (Work and Family Transfer of Leave Credits) . 529.8 Catastrophic Leave - Natural Disaster. 549.9 Jury Duty . 559.10 Intentionally Excluded . 559.11 Annual Leave Program. 559.12 Mentoring Leave. 589.13 Union Leave . 599.14 Transfer of Leave Credits Between Family Members. 609.15 Tax Deferral of Lump Sum Leave Cash Out Upon Separation. 619.16 Family Medical Leave Act (FMLA). 629.17 Organ Donor Leave. 644BU 22021-2022
9.18 Precinct Election Board . 659.19 Personal Leave Program - 2020. 659.20 Personal Leave Program - 2011. 679.21 No Mandated Reduction in Work Hours . 699.22 Intentionally Excluded . 699.23 Cash Out of Vacation/Annual Leave . 699.24 Family Leave Committee .699.25 Voluntary Leave Program .70ARTICLE 10 - LAYOFF . 7110.1 Layoff and Reemployment . 7110.2 Reducing the Adverse Effects of Layoff . 7210.3 Alternative to Layoff. 7310.4 Layoff Employee Assistance Program. 73ARTICLE 11 – HEALTH AND WELFARE . 7311.1 Consolidated Benefits (CoBen) Program Description. 7311.2 Compliance with State and Federal Law . 7711.3 Group Legal Services Plan. 7711.4 Long-Term Care Insurance Plans . 7711.5 Pre-Tax of Health/Dental Premiums Costs. 7711.6 Non-Industrial Disability Insurance . 7811.7 Enhanced Non-Industrial Disability Insurance – Annual Leave . 7911.8 Industrial Disability Leave. 8111.9 1959 Survivors’ Benefits - Fifth Level . 81ARTICLE 12 – ALLOWANCES AND REIMBURSEMENTS . 8212.1 Business and Travel Expense . 8212.2 Overtime Meal Allowance.875BU 22021-2022
12.3 Commute Program . 8712.4 Cell Phones. 8812.5 Moving and Relocation. 8912.6 Parking Rates. 8912.7 Responsibility for Litigation Costs. 8912.8 Committee on Travel and Expense Reimbursement .89ARTICLE 13 - MISCELLANEOUS. 9013.1 Temporary Employee Loans and Exchanges. 9013.2 Outside Employment . 9213.3 Office Space. 9213.4 Work and Family Committee . 9213.5 Personnel Files. 9313.6 Education and Training . 9413.7 Bar Dues/Professional Leave . 9613.8 Smoking Cessation . 9613.9 Employee Assistance Program . 9713.10 Judicial Attire . 9713.11 Case and Hearing Workload – Board of Parole Hearings . 9813.12 State-Owned Housing Rental and Utility Rates . 9813.13 Labor-Management Committee on State Payroll System. 9913.14 Appeal of Involuntary Transfer . 9913.15 No Reprisals. 10013.16 Case and Hearing Workload – Unemployment Insurance AppealsBoard. 10013.17 Computer Work Stations . 10013.18 Remodeling, Renovations, and Repairs . 1006BU 22021-2022
13.19 Clerical Support. 10113.20 Undercover Vehicle Equipment, Board of Parole Hearings. 10113.21 Badges . 10113.22 Intra-Departmental Transfers . 10113.23 Labor Management Program. 10213.24 Professional Development Days . 10313.25 Independent Medical Examinations. 10413.26 Release Time for State Civil Service Examinations. 10413.27 Hardship Transfer. 10513.28 Card Key Replacements . 10513.29 Performance Appraisal of Permanent Employees. 10513.30 Confidential Designations. 105ARTICLE 14 – RETIREMENT PROVISIONS . 10614.1 Defined Contribution Plans. 10614.2 Intentionally Excluded . 10614.3 First Tier A Retirement Formula (2% at age 55), First Tier B RetirementFormula (2% at age 60) and Public Employees’ Pension Reform Act(PEPRA) Retirement Formula (2% at age 62). 10614.4 First Tier Eligibility For Employees In Second Tier . 11314.5 Determination of Safety Retirement Eligibility . 11314.6 Safety Retirement – Deputy Commissioner, Board of Prison Terms. 11414.7 Alternative Preretirement Death Benefit . 114ARTICLE 15 - CLASSIFICATION. 11415.1 Classification Level. 11415.2 Classification Changes. 11415.3 Out-of-Classification Grievances and Position Allocation HearingProcess . 1157BU 22021-2022
15.4 Department Request(s) for Attorney IV Level Position(s). 11815.5 Judicial Clerkship . 11815.6 Intentionally Excluded . 11815.7 Salary Survey . 11815.8 Classification . 11815.9 Salary Gap and statewide legal professional classification issues: . 11815.10 Workers’ Compensation Judge II Classification . 119ARTICLE 16 - TERM . 12016.1 Contract Term . 120ARTICLE 17 – INTENTIONALLY EXCLUDED . 120ARTICLE 18 – CONTINUOUS APPROPRIATION . 12018.1 Continuous Appropriation. 120ARTICLE 19 – RETIREE HEALTH AND DENTAL BENEFITS . 12019.1 Prefunding of Post-retirement Health Benefits . 12019.2 Post-retirement Health and Dental Benefits Vesting . 12219.3 Employer Contribution for Retiree Health Benefits . 123ATTACHMENTS AND ADDENDUMS . 125Attachment A – Salary Schedule .Error! Bookmark not defined.Attachment B - Tax Treatment of Employee Retirement Contribution. 125Attachment C - Domestic Partners. 126Attachment D – Wounded Warriors Transitional Leave. 126SIDE LETTERS . 127Side Letter #1 has been deleted. . 128Side Letter #2 has been deleted. . 128Side Letter #3 has been deleted. . 128Side Letter #4 has been deleted. . 1288BU 22021-2022
Side Letter #5 has been deleted. . 128Side Letter #6- Deputy Commissioners Vacation/Annual Settlement. 129SIGNATURE PAGE . 1309BU 22021-2022
ARTICLE 1 – RECOGNITION AND PURPOSE1.1 Recognition and PurposeA. This Memorandum of Understanding (hereinafter "MOU" or "Agreement") isentered into by and between the State of California (hereinafter "State" or "Stateemployer") and the California Attorneys, Administrative Law Judges and HearingOfficers in State Employment, (hereinafter "CASE"), pursuant to the Ralph C.Dills Act, Government Code Section 3512 et seq.B. Its purpose is to improve 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 Staterecognizes CASE as the exclusive representative of all employees in theAttorney and Hearing Officer Unit, Unit 2 (hereinafter "bargaining unit").D. Pursuant to Government Code section 3517, CASE recognizes the Director ofthe Department of Human Resources (CalHR) or his/her designee, as thedesignated representative of the Governor for the purposes of negotiating thisMOU.ARTICLE 2 – CASE RIGHTS2.1 CASE RepresentationA. Representational ActivityThe State recognizes and agrees to deal with CASE representatives on allmatters relating to bargaining unit grievances and claims and appeals to theState Personnel Board (SPB). An employee and a CASE representative shall beauthorized a reasonable amount of time off during work hours without loss ofcompensation (consistent with workload requirements) to prepare and presentgrievances and claims and appeals before SPB, and to provide representation atinvestigatory interviews and Skelly/Coleman hearings. CASE employeerepresentatives may be required to notify their immediate supervisors and obtainapproval regarding the time of day for conducting such activities.B. CASE RepresentativesA written list of CASE representatives at each work location shall be furnished tothe State immediately after their designation, and CASE shall notify the Statepromptly of any changes of such representatives. CASE officers orrepresentatives shall not be recognized by the State until such lists or changesthereto are received.10BU 22021-2022
C. Employee Donated Release Time Bank1. Each department with Unit 2 employees shall establish a release time bank.The purpose of the release time bank is to allow Unit 2 employees tovoluntarily contribute CTO, holiday credit, personal leave time, annual leave,or vacation for use by other Unit 2 employees identified by CASE who workfor the same department.2. Time donated to the release time bank shall be for engaging in organizationalactivity as defined in section 2.1 (C)(3) below. CASE shall provide verificationthat employees withdrawing from the bank were engaging in organizationalactivity.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 hourused shall be considered the same.5. Employees who will be absent using donated time must provide theirimmediate supervisor or his/her designee with reasonable advance notice.Absences due to the use of donated release time shall be granted unless itinterferes with operating 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 time 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 department.2.2 AccessA. With prior notification to the official in charge of the area to be visited, CASErepresentatives shall have access to bargaining unit employees at the work sitefor representation purposes. Access shall not be disruptive.B. The department head or designee may restrict access to certain work sites orareas for reasons of safety, security, or other legitimate business necessities.Access shall not be unreasonably withheld.2.3 Bulletin BoardsA. CASE shall have access to existing State-furnished CASE bulletin board spaceat each work site where Unit 2 employees are located to post material related toCASE business. Alternatively, CASE may at its option and expense, provide (atone or more facilities) a bulletin board not to exceed 36” X 48” in size to beplaced in a location, and at a time of day, determined by the facility manager.11BU 22021-2022
Any materials posted shall be dated and initialed by the CASE representativeresponsible for the posting. A copy of all materials posted shall be distributed tothe designated management representative at the time of posting.B. CASE agrees not to post any material of an illegal, libelous, obscene,defamatory, or solely non-educational partisan political nature on bulletin boards.2.4 Distribution of LiteratureCASE representatives may distribute CASE material during non-work time and shall notdisrupt the work of others. CASE shall not distribute material of an illegal, libelous,obscene, or of a solely non-educational partisan political 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,home address, and information regarding CASE payroll deductions.B. On a monthly basis, the State employer shall continue to provide CASE with anychanges to the list, including information contained therein, which occurredsubsequent to the previous list of changes.C. CASE agrees to reimburse the State Controller for all reasonable costs toproduce these lists.2.6 Use of State Rooms, Phones, and Electronic CommunicationEquipmentA. 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 inadvance to the designated State official. CASE agrees to leave such rooms inthe condition in which they were found.B. CASE representatives shall be permitted reasonable use of State phones tomake calls for CASE representation purposes provided, however, that such useof State phones shall not mean additional charges to the State or interfere withthe operation of the State.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 forother non-business purposes; and (2) for representational purposes only; and (3)provided it results in no additional cost to the State; and, (4) provided it does notinterfere with the operations of the State.D. The State cannot guarantee privacy when using State rooms, phones andelectronic communication equipment.12BU 22021-2022
2.7 Dues DeductionA. The State agrees to deduct and transmit to CASE all membership duesauthorized on a form provided by CASE.B. The State and CASE agree that a system of authorized dues deductions shall beoperated in accordance with Government Code sections 3513(h), 3513(j), 3515,3515.6, and 3515.8, subject to the following provisions:1. The written authorization for CASE membership deductions shall remain infull force and effect during the life of this agreement; provided that anyemployee may withdraw from CASE by sending a signed withdrawal letter toCASE at any time.2. The amount of dues and fees deducted from CASE members' pay warrantsshall be set by CASE and changed by the State upon written request ofCASE.3. CASE agrees to indemnify, defend and hold the State and its agentsharmless against any claims made of any nature and against any suitinstituted against the State arising from this Section and the deductionsarising therefrom.4. No provision of this Section, nor any disputes arising thereunder, shall besubject to the grievance and arbitration procedure contained in thisAgreement.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 reaso
Agreement Between The State of California and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) covering BARGAINING UNIT 2 ATTORNEYS AND HEARING OFFICERS Effective . 11.9 1959Survivors' Benefits- Fifth Level .
