Agreement Between And Covering - California

1 Agreement Between State of California And American Federation of State, County and Municipal Employees ( afscme ) Covering BARGAINING UNIT 19 Health and Social Services/Professional Effective July 1, 2016 through July 1, 2020 2 BU 19 2016-2020 BARGAINING UNIT 19 - AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES HEALTH AND SOCIAL SERVICES/PROFESSIONAL TABLE OF CONTENTS PREAMBLE .. 10 ARTICLE 1 - RECOGNITION AND COVERAGE .. 10 Recognition .. 10 ARTICLE 2 - UNION RIGHTS .. 10 Fair Share Fees/Dues Reduction .. 10 Information Provided .. 11 Use of State Facilities .. 12 Bulletin Boards .. 12 Distribution of Literature .. 12 Access to Employees .. 13 Union Leave .. 13 Stewards' Rights .. 14 Use of State Equipment .. 15 Orientation .. 15 Individual Agreements Prohibited .. 16 ARTICLE 3 - STATE RIGHTS .. 16 State Rights .. 16 ARTICLE 4 - SUPERSESSION.

2 17 Supersession .. 17 ARTICLE 5 - GRIEVANCE AND ARBITRATION PROCEDURE .. 23 Purpose .. 23 Definitions .. 23 Time 23 3 BU 19 2016-2020 Waiver of Steps .. 23 Notification .. 23 Presentation .. 24 Informal Discussion .. 24 Formal Grievance - Step 1 .. 24 Formal Grievance - Step 2 .. 24 Formal Grievance - Step 3 .. 25 Formal Grievance - Step 4 .. 25 Grievance Responses .. 26 Failure to Respond .. 26 ARTICLE 6 - HOURS OF WORK AND OVERTIME .. 26 Hours of Work and 26 Voluntary Callback .. 29 Standby .. 29 Alternate Work Schedules .. 30 Voluntary Reduced Worktime/Job Sharing .. 31 Intermittent Employment of FLSA Exempt Employees .. 31 Meal Periods .. 32 Rest Periods .. 32 Rest Areas .. 32 Schedule/Shift Changes .. 32 On-Call/Call Back Assignment for CDCR Exempt Employees .. 33 ARTICLE 7 SALARIES .. 35 Adjusted Pay Ranges .. 35 Merit Salary Adjustments.

3 35 4 BU 19 2016-2020 Institutional Worker Supervision Pay Differential (IWSP) (Formerly Alternate Range-40).. 35 Recruitment and Retention Differential .. 36 Recruitment and Retention Differential Rehabilitation Therapists .. 36 Recruitment and Retention Differential Psychologists at DJJ .. 37 Recruitment and Retention Differential Individual Program Coordinator .. 37 Recruitment and Retention Differential, California Department of Corrections & Rehabilitation (CDCR) .. 38 Night Shift and Weekend Shift Differential .. 39 Bilingual Differential Pay .. 40 Overpayments/Payroll Errors .. 42 Salary Definitions .. 42 Clinical Supervision Differential Licensed Clinical Social Workers and Licensed Psychologists .. 43 Arduous Pay .. 44 Union-Management Committee on State Payroll System .. 46 Recruitment and Retention Differential Pharmaceutical Consultant I Department of Health Care Services.

4 46 Intern Supervision Differential .. 46 Special Salary Adjustments .. 47 ARTICLE 8 HOLIDAYS .. 47 Holidays .. 47 Personal Holidays .. 50 ARTICLE 9 LEAVES .. 51 Vacation .. 51 Sick Leave .. 54 Annual Leave .. 56 Catastrophic Leave (Work and Family Transfer of Leave Credits) .. 58 5 BU 19 2016-2020 Bereavement Leave .. 59 Jury Duty .. 60 Unpaid Leaves of Absence .. 60 Pregnancy/Parental Leave .. 61 Adoption Leave .. 61 Mentoring Leave .. 61 Work and Family Participation .. 63 Family Medical Leave Act (FMLA) .. 64 Personal Leave .. 66 Voluntary Personal Leave Program (VPLP) .. 66 Personal Leave 2010 and 2012 .. 68 No Mandated Reduction in Work Hours .. 69 Catastrophic Leave - Natural Disaster .. 69 Professional Development Days (PDD) .. 70 Vacation/Annual Leave Cash Out .. 71 ARTICLE 10 HEALTH AND WELFARE .. 72 Health and Welfare.

5 72 Non-Industrial Disability Insurance Vacation/Sick Leave Program .. 76 Enhanced Non-Industrial Disability Leave Annual Leave Program .. 77 Industrial Disability Leave .. 79 Enhanced Industrial Disability Leave (EIDL) .. 79 Employee Assistance Program (EAP) .. 80 Group Legal Service Plan .. 81 ARTICLE 11 RETIREMENT PLAN .. 81 Treatment of Employee Retirement Contribution .. 82 1959 Survivors Benefits-Fifth Level .. 83 6 BU 19 2016-2020 First Tier Eligibility for Employees In Second Tier .. 84 First Tier A Retirement Formula (2% at age 55), First Tier B Retirement Formula (2% at age 60) and Public Employees Pension Reform Act (PEPRA) First Tier Retirement Formula (2% at age 62) Employee Contribution/Final Compensation .. 84 State Safety A Retirement Formula ( at age 55), State Safety B Retirement Members (2% at age 55 up to at age 60), and Public Employees Pension Reform Act (PEPRA) State Safety Retirement Formula (2% at age 57)/Employee Contribution/Final Compensation.

6 86 Second-Tier Retirement Plan .. 88 Industrial Retirement .. 90 Alternative Pre-Retirement Death Benefit .. 90 Deferred Compensation/ (401(k)/457) .. 91 Public Employees Pension Reform Act of 2013 (PEPRA) .. 92 Prefunding of Post-retirement Health Benefits .. 92 Post-retirement Health and Dental Benefits Vesting .. 94 Employer Contribution for Retiree Health Benefits .. 95 ARTICLE 12 ALLOWANCES AND REIMBURSEMENTS .. 97 Business and Travel 97 Overtime Meals .. 102 License and Certification Renewal Fees .. 103 Commercial Driver s License .. 106 Activity Supplies .. 108 Special Events and Planned Program Activities .. 109 Rental and Utility Rates .. 109 Transportation Incentives and Parking Rates .. 111 Professional Association Dues .. 112 Chaplains Required Denominational Conventions or Gatherings .. 112 7 BU 19 2016-2020 California Sex Offender Management Board (CASOMB) Initial Credentialing and Renewal Fees.

7 112 ARTICLE 13 HEALTH AND SAFETY .. 113 Health and Safety .. 113 Protective Clothing .. 113 Employee Protections .. 114 Personal Alarm Systems .. 114 Replacement of Damaged Personal Clothing and/or Articles .. 114 Smoke-Free Environment .. 115 Workplace Violence Prevention .. 115 Environmental and Ergonomic Health and Safety .. 115 On-The-Job Injury 116 Protective and Safety Equipment .. 116 Health and Safety Grievance .. 116 Joint Labor/Management Committee on Rental Vehicle Utilization .. 117 ARTICLE 14 EDUCATION AND TRAINING .. 117 Professional Education and Training .. 117 Leave for Required Continuing Education .. 118 Career Development .. 122 Licensing and Certification .. 122 Training Records .. 123 Chaplains Annual Training .. 123 ARTICLE 15 PERSONNEL ACTIVITIES .. 123 Adverse Action .. 123 Disciplinary Representation .. 124 Out Of Class.

8 124 8 BU 19 2016-2020 Classification Changes .. 125 Unit Assignment of New Classifications .. 125 Incompatible Activities .. 125 Performance Appraisal .. 127 Official Departmental Personnel File .. 127 Transfers .. 128 Reasonable Accommodation .. 128 Additional Duties .. 129 Requests for Reinstatement After AWOL Separation .. 129 Administrative Procedures Act .. 130 Broadbanding .. 130 Union Initiated Classification Discussions .. 130 Administrative Representation in Board Complaints .. 131 Process for Determination of Appropriate Work Week Group .. 131 Hardship Transfer .. 131 Administrative Investigations .. 132 ARTICLE 16 - LAYOFF AND DISPLACEMENT .. 132 Layoff and Reemployment .. 132 Alternatives to Layoff .. 133 Displacement .. 133 ARTICLE 17 MISCELLANEOUS .. 134 Rehabilitation Production Goals .. 134 Drug Testing Of Commercial Driver License Holders.

9 134 Medical Staff Membership and By-Laws .. 134 Telecommute/Telework Program .. 135 Professional Judgment .. 135 9 BU 19 2016-2020 Workspace .. 136 Tools and Resources .. 136 Essential Religious Items .. 136 ARTICLE 18 - CONTRACTING OUT .. 136 Contracting Out .. 136 ARTICLE 19 - GENERAL PROVISIONS .. 138 Entire Agreement .. 138 Saving Clause .. 139 No Strike Clause .. 139 No Lockout .. 139 Discrimination Complaint .. 139 Labor/Management Committee .. 140 Contracting Out and Professional Retention Committee (COPRC) .. 141 ARTICLE 20 TERM .. 141 Contract Term .. 141 Continuous Appropriation .. 142 SIDELETTERS .. 143 Side Letter 1 .. 143 ATTACHMENTS .. 144 Appendix A Medical Staff Membership .. 144 Salary Schedule .. 147 Signature Page .. 154 10 BU 19 2016-2020 PREAMBLE This Agreement , hereinafter referred to as the Agreement , entered into by the STATE OF California , hereinafter referred to as the State or the State employer, pursuant to Sections and 3517 of the Government Code, and the American Federation of State, County and Municipal Employees ( afscme ), Council 57, Local 2620, AFL-CIO, hereinafter referred to as afscme , has as its purpose the promotion of harmonious labor relations Between the State and afscme ; establishment of timely, equitable, and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

10 The term " Agreement " as used herein means the written Agreement provided under Section of the Government Code. ARTICLE 1 - RECOGNITION AND COVERAGE 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 and Social Services Employees/Professional, Bargaining Unit 19. B. Pursuant to Government Code Sections and 3517, afscme recognizes the Director of the California Department of Human Resources or his/her designee as the negotiating representative for the State and shall negotiate exclusively with the Director or his/her designee, except as otherwise specifically spelled out in the Agreement . C. Upon initial appointment to any Bargaining Unit 19 position as a probationary or permanent employee, the employee shall be informed by the employer that afscme is the recognized employee organization for the employee in said classification.