BARGAINING UNIT 10 PROFESSIONAL SCIENTIFIC

1 Agreement Between The State of California and The California Association of PROFESSIONAL Scientists (CAPS) covering BARGAINING unit 10 PROFESSIONAL SCIENTIFIC Effective July 1, 2018 through July 1, 2020 2 BU10 2018-2020 TABLE OF CONTENTS Preamble .. 10 ARTICLE 1 - RECOGNITION .. 10 Recognition .. 10 ARTICLE 2 - SALARIES .. 10 Salaries .. 10 Merit Salary Adjustments .. 11 Night Shift Differential .. 11 Bilingual Differential Pay .. 11 Timely Payment of Wages .. 13 Staff Specialist Compensation .. 14 Diving/Climbing Pay .. 15 Overpayments/Payroll Errors .. 15 AR 40 .. 15 Recruitment and Retention Differentials .. 16 Out-of-State Pay Differential .. 17 Lump Sum Leave Cash Out Upon Separation.

2 17 Operational Availability Incentive Program - Department of Water Resources .. 18 Salary and Alternate Range Disclosure .. 19 Range Change Deferral .. 19 Educational Pay Differential .. 19 ARTICLE 3 LEAVES .. 20 Vacation Leave .. 20 Sick Leave .. 22 Family Medical Leave Act (FMLA) .. 23 3 BU10 2018-2020 Bereavement Leave .. 24 Parental Leave .. 24 Union Leave .. 25 Unpaid Leave of Absence .. 26 Jury Duty .. 27 Non-Industrial Disability Insurance .. 27 Catastrophic Leave .. 28 Work and Family Program - Transfer of Leave Credits Between Family Members .. 29 Catastrophic Leave - Natural Disaster .. 31 Annual Leave .. 31 Enhanced Non-Industrial Disability Insurance - Annual 33 Blood Donation.

3 35 Mentoring Leave .. 35 Mentoring Leave Authorization - Science 36 Precinct Election - Paid Time Off .. 37 Voluntary Personal Leave Program (VPLP) .. 37 Personal Leave Program 2011 .. 38 No Mandated Reduction in Work Hours .. 39 Vacation/Annual Leave Cash Out .. 39 ARTICLE 4 HOLIDAYS .. 40 Holidays .. 40 ARTICLE 5 - HEALTH AND WELFARE .. 43 Health, Dental, Vision .. 43 Employee Assistance Program .. 45 Medical Monitoring .. 46 4 BU10 2018-2020 Employee Injury on the Job .. 46 Independent Medical Examinations .. 46 Employee Injury or Disability .. 47 FlexElect Program .. 49 Pre-Tax of Health/Dental/Vision Premiums .. 50 Benefits Advisory Committee .. 50 Pre-Retirement Death.

4 50 Accidental Death/Dismemberment Benefits - Department of Fish and 51 Rural Health Care Equity Subsidy Program .. 51 Health Promotion Activities .. 51 Organ and Bone Marrow Donation .. 52 ARTICLE 6 BUSINESS AND TRAVEL EXPENSES ALLOWANCES AND REIMBURSEMENTS .. 53 Business and Travel Expenses .. 53 Moving Expenses .. 53 Business Equipment, Materials and Supplies .. 53 Uniform Replacement .. 54 Damage of Personal Items .. 54 License Renewal Fees .. 55 Safety Footwear .. 55 ARTICLE 7 HOURS OF WORK AND OVERTIME .. 55 Meal Period .. 55 Alternative Work Schedule .. 56 Overtime Scheduling .. 56 Call Back Time .. 56 5 BU10 2018-2020 Fair Labor Standards Act.

5 57 Duty Officer - Department of Toxic Substances Control .. 57 Work Week Group Definitions and Compensation .. 58 On-Call Assignments - Department of Fish and Wildlife .. 60 Arduous Duty Differential for FLSA Exempt Employees .. 63 Telecommute/Telework Program .. 64 On-Call Assignments - Public Health .. 64 ARTICLE 8 - RETIREMENT .. 65 Miscellaneous/Industrial - First Tier Members: First Tier A (2% at age 55), First Tier B (2% at age 60), and (PEPRA) First Tier (2% at age 62) Formulas/Contribution Rate/Final Compensation Earnable .. 65 Retirement - Safety Members State Safety A Formula ( at age 55), State Safety B Formula (2% at age 55) and Public Employees Pension Reform Act (PEPRA) State Safety Formula (2% at age 57).

6 68 Second-Tier Retirement Plan .. 70 Savings Plus Program .. 72 Items Excluded from Compensation for Retirement 72 Enhanced Industrial Retirement .. 72 Public Employees Pension Reform Act of 2013 (PEPRA) .. 72 Tax Treatment of Employee Retirement Contributions .. 73 Prefunding of Postretirement Health Benefits .. 74 Employer Contribution for Retiree Health Benefits .. 77 Post-retirement Health and Dental Benefit Vesting .. 78 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE .. 80 Purpose .. 80 Definitions .. 80 Time 80 6 BU10 2018-2020 Waiver of Steps .. 81 Presentation .. 81 Informal Discussion .. 81 Formal Grievance - Step 1 .. 81 Formal Grievance - Step 2.

7 82 Formal Grievance - Step 3 .. 82 Formal Grievance - Step 4 .. 82 Response .. 82 Formal Grievance - Step 5 .. 82 Health and Safety Grievances .. 83 ARTICLE 10 CAPS REPRESENTATIONAL RIGHTS .. 84 Representational Designation .. 84 Access .. 85 Use of State Phones .. 85 Distribution of Literature .. 85 Use of State Facilities .. 85 Representative Time Off .. 86 Employee Time Off .. 86 Representative Protection .. 86 Releases of Home Addresses .. 86 Employee-Union Orientation .. 88 ARTICLE 11 ORGANIZATIONAL SECURITY .. 88 Organizational Security .. 88 ARTICLE 12 STATE RIGHTS .. 89 State Rights .. 89 7 BU10 2018-2020 ARTICLE 13 GENERAL PROVISIONS .. 89 No Strike.

8 89 No Lockout .. 89 Individual Agreements .. 90 Savings Clause .. 90 Reprisals .. 90 Supersession .. 90 Non-Discrimination .. 97 Sexual Harassment .. 97 State-Owned Housing Rental and Utility Rates .. 98 ARTICLE 14 HEALTH AND SAFETY .. 99 Health and Safety Committees .. 99 ARTICLE 15 CAREER DEVELOPMENT .. 99 Release Time for State Civil Service Examinations .. 99 Performance Appraisal .. 100 Training .. 100 Certification or Registration .. 101 Departmental Orientation .. 101 PROFESSIONAL Papers .. 101 Volunteer Training .. 102 PROFESSIONAL Society Dues .. 102 PROFESSIONAL Conferences .. 102 PROFESSIONAL Development .. 102 Licensure and Certification - Continuing Education - Licensed Veterinarians (includes licensed Veterinarian Specialist).

9 102 8 BU10 2018-2020 ARTICLE 16 TRANSFER AND LAYOFF .. 103 Layoff and Reemployment .. 103 Reducing the Adverse Effects of Layoff .. 104 Change in Work Location .. 104 Appeal of Involuntary Transfer .. 105 Hardship Transfer .. 105 ARTICLE 17 - CLASSIFICATION .. 106 Classification Changes .. 106 Out-of-Class Grievance Process .. 106 ARTICLE 18 - PERMANENT INTERMITTENT APPOINTMENTS .. 109 Permanent Intermittent Appointments .. 109 ARTICLE 19 - MISCELLANEOUS .. 112 Request for Reinstatement After AWOL Separation .. 112 Incompatible Activities .. 112 Personnel and Evaluation Materials .. 112 Release Time for State Personnel Board .. 113 Peer Review .. 114 Transportation Incentives.

10 114 Group Legal Services .. 115 Workplace Violence and Bullying Prevention .. 115 CalEPA Relocation and Transportation Agreement .. 115 Contracting Out .. 118 Union/Management Committee on State Payroll System .. 121 Excess Leave Balance Committee .. 121 9 BU10 2018-2020 ARTICLE 20 ENTIRE AGREEMENT AND DURATION .. 122 Entire Agreement .. 122 Duration .. 123 Contract Appropriation .. 123 Side Letter Employee Communication (AB119) .. 124 Side Letter Wounded Warrior Transition Act .. 126 SIGNATURE PAGE .. 127 10 BU10 2018-2020 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 CALIFORNIA ASSOCIATION OF PROFESSIONAL SCIENTISTS, hereinafter referred to as CAPS or the Union, has as its purpose the promotion of harmonious labor relations between the State and CAPS; establishment of rates of pay, hours of work, and other conditions of employment including health and safety.