BARGAINING UNIT 13 STATIONARY ENGINEERS - California

1 Agreement Between The State of California and International Union of Operating ENGINEERS , Locals 39 and 501, AFL-CIO covering BARGAINING unit 13 STATIONARY ENGINEERS Effective July 1, 2019 through June 30, 2022 1 BU 13 2019-2022 INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCALS 39 AND 501, AFL-CIO BARGAINING unit 13 STATIONARY ENGINEERS TABLE OF CONTENTS PREAMBLE .. 8 ARTICLE 1 RECOGNITION .. 8 ARTICLE 2 UNION RIGHTS .. 8 Dues Deduction and 8 Membership Dues .. 9 Access .. 9 Use of State Facilities .. 9 Use of State Equipment .. 9 Home Addresses .. 10 Bulletin Boards .. 11 Distribution of Literature .. 11 Stewards' Rights .. 12 Intentionally Excluded .. 12 Intentionally Excluded .. 12 Release Time for State Personnel Board Hearings .. 12 ARTICLE 3 - MANAGEMENT RIGHTS .. 12 Management Rights.

2 12 ARTICLE 4 GENERAL PROVISIONS .. 13 No-Strike .. 13 No Lockout .. 13 No Reprisals .. 13 2 BU 13 2019-2022 Entire Agreement .. 13 Supersession .. 14 Savings Clause .. 21 Legislation .. 21 Parking/Transportation Incentives .. 21 Work Clothing .. 22 Uniform Allowance .. 23 Incentive Award Program .. 25 State Owned Housing Rental and Utility Rates .. 25 Work Assignments .. 26 Individual Agreements .. 26 Involuntary Transfer Requiring Change in Residence .. 26 Appeal of Involuntary Transfer .. 27 Shift Changes .. 27 Management Directed Out-of-Classification Assignments .. 28 Layoff and Reemployment .. 29 Mandatory Placement .. 30 Footwear Reimbursement .. 30 ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE .. 31 Purpose .. 31 Definitions .. 31 Waiver of Time Limits/Steps.

3 31 Presentation .. 32 Formal Grievance - Step 1 .. 32 Formal Grievance - Step 2 .. 32 3 BU 13 2019-2022 Formal Grievance - Step 3 .. 33 Reconsideration .. 33 Board of Adjustment .. 33 34 Health and Safety Grievances .. 34 ARTICLE 6 INTENTIONALLY EXCLUDED .. 35 ARTICLE 7 HOURS OF WORK AND OVERTIME .. 35 Overtime .. 35 Night Shift Differential .. 36 Overtime Distribution .. 36 Workweek .. 37 Calls to Work/Scheduled Overtime .. 37 Rest Periods .. 38 Meal Periods .. 38 Immediate Response Status CAL FIRE .. 38 ARTICLE 8 HOLIDAYS .. 39 Holidays .. 39 Holiday Credits Caltrans .. 42 ARTICLE 9 LEAVES .. 42 Vacation .. 42 Annual Leave .. 44 Sick Leave .. 46 Bereavement Leave .. 48 Jury Duty .. 49 Unpaid Leaves of Absence .. 49 4 BU 13 2019-2022 Adoption Leave.

4 50 Parental Leave .. 50 Voluntary Reduced Worktime .. 51 Transfer of Leave Credits .. 51 Catastrophic Leave - Natural Disaster .. 52 Personal Leave .. 53 Mentoring Leave .. 53 Work and Family Participation .. 54 Personal Leave Program 2011 .. 55 Personal Development 56 Vacation/Annual Leave Cash Out .. 58 Wounded Warriors Transitional Leave .. 59 Training Leave .. 59 ARTICLE 10 HEALTH AND WELFARE .. 60 Health, Dental, and Vision Benefits .. 60 Continuation of Benefits .. 62 Industrial Disability Leave .. 63 Non-Industrial Disability Insurance .. 63 Non-Industrial Disability Insurance For Employees In The Annual Leave Program .. 64 Enhanced Industrial Disability Leave (EIDL) .. 66 Flexible Benefit Program .. 67 Post Retirement Health Benefit Vesting (1989 through 2016).

5 68 Long-Term Care Insurance Plan .. 69 Rural Health .. 69 Prefunding of Post-retirement Health Benefits .. 69 5 BU 13 2019-2022 Post-Retirement Health and Dental Benefits Vesting .. 70 Employer Contribution for Retiree Health Benefits .. 71 Compliance with the State and Federal Law .. 73 ARTICLE 11 RETIREMENT .. 73 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) .. 73 First Tier Eligibility for Employees in Second Tier .. 77 State Safety A Retirement Formula ( at age 55), State Safety B Retirement Formula (2% at age 55), and PEPRA State Safety Retirement Formula (2% at age 57) .. 77 public Employees Pension Reform Act of 2013 (PEPRA) .. 79 Defined Contribution Plans.

6 80 Alternative Pre-retirement Death Benefit .. 80 1959 Survivors' Benefits Fifth Level .. 81 Items Excluded From Compensation For Retirement Purposes .. 82 Tax Treatment of Employee Retirement Contributions .. 82 ARTICLE 12 SAFETY AND HEALTH .. 84 Health and Safety Committees .. 84 Employee Assistance Program .. 84 Infectious Diseases .. 85 ARTICLE 13 CAREER DEVELOPMENT .. 86 Release Time for State Civil Service Examination .. 86 Training Fund .. 86 Classification Proposals .. 86 Location of, and Employee Access to, Personnel Files .. 86 Interviews .. 87 6 BU 13 2019-2022 ARTICLE 14 POST AND BID .. 87 Post and Bid - Local Plant .. 87 Post and Bid to Other Plants .. 88 Intentionally Excluded .. 89 Intentionally Excluded .. 89 Intentionally Excluded .. 89 Intentionally Excluded.

7 89 Intentionally Excluded .. 89 Intentionally Excluded .. 89 Intentionally Excluded .. 89 Intentionally Excluded .. 89 Reassignment .. 89 Post and Bid Seniority Ties .. 90 ARTICLE 15 BUSINESS AND TRAVEL EXPENSES .. 90 Business and Travel Expenses .. 90 Overtime Meal Allowance .. 97 Water and Wastewater Plant Operator Certification .. 98 ARTICLE 16 SALARIES .. 98 Salaries .. 98 Timely Payment of Wages .. 99 Recovery of Overpayments .. 100 Excess Time .. 102 Bilingual Differential Pay .. 102 Recruitment and Retention for Avenal, Chuckawalla, Ironwood, Centinela, Calapatria, High Desert, and Pelican Bay State Prisons; 7 BU 13 2019-2022 Donovan Correctional Facility; California Correctional Center; and Sierra Conservation Center .. 104 Certified Backflow Tester Differential.

8 105 Salary Survey .. 106 Water/Wastewater Treatment Plant Operator (Chief Plant Operator) Differential .. 106 Differential .. 107 Recruitment and Retention, Greater Bay Area .. 108 EPA Section 608 Technician Certification Differential .. 109 Caltrans Commercial Driver s License Differential .. 109 Plant Experience Recruitment and Retention Differential .. 109 ARTICLE 17 DURATION .. 109 Duration .. 109 ARTICLE 18 CONTRACT PROTECTION CONTINUOUS APPROPRIATIONS .. 110 Continuous Appropriations .. 110 ADDENDUMS AND ATTACHMENTS .. 111 Addendum A Post and Bid 111 Addendum B - Plants - Shift/Job Assignments .. 112 Addendum C - Holiday Compensation Chart .. 115 Salary Schedule .. 0 Signature Page (To be added) .. 0 8 BU 13 2019-2022 PREAMBLE This AGREEMENT, hereafter referred to as the Agreement, entered into by the STATE OF California , hereafter referred to as the State or the State employer, pursuant to sections 19815 and 3517 of the Government Code and the INTERNATIONAL UNION OF OPERATING ENGINEERS , STATIONARY ENGINEERS Division, State of California , Locals 39 and 501, AFL-CIO, hereafter referred to as IUOE, has as its purpose the promotion of harmonious labor relations between the State and IUOE; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms/conditions of employment.

9 The term "Agreement" as used herein means the written Agreement provided under section 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 . B. Pursuant to Government Code sections 19815 and 3517, IUOE 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 provided for herein. ARTICLE 2 UNION RIGHTS Dues Deduction and Security A. It is the intent of this section to provide for payroll deductions of IUOE members to be deducted from their warrants insofar as permitted by law.

10 The State agrees to deduct and transmit to IUOE all authorized deductions from all IUOE members within unit 13 who have signed an approved authorization card for such deductions on a form provided by IUOE less actual administrative costs incurred by the State Controller. B. The amount of dues deducted from IUOE members' pay warrants shall be set by IUOE and changed by the State upon written request of IUOE. C. IUOE agrees to indemnify, defend, and hold the State harmless against any claims made of any nature and against any suit instituted against the State arising from its check-off for IOUE dues. 9 BU 13 2019-2022 Membership Dues A. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE.