BARGAINING UNIT 7 PROTECTIVE SERVICES AND PUBLIC …

1 Agreement Between State of california And california Statewide Law Enforcement Association (CSLEA). covering BARGAINING unit 7. PROTECTIVE SERVICES AND. PUBLIC safety . Effective July 2, 2013 through July 1, 2016. BU 07. Final as of 01/21/14. california STATEWIDE LAW ENFORCEMENT ASSOCIATION BARGAINING unit 7. PROTECTIVE SERVICES AND PUBLIC safety . TABLE OF CONTENTS. TABLE OF CONTENTS .. II. PREAMBLE .. 1. ARTICLE 1 RECOGNITION .. 1. 1. ARTICLE 2 CSLEA RIGHTS .. 1. CSLEA Representatives and Board Members .. 1. Access .. 2. Bulletin 2. Use of State Facilities .. 3. Orientation .. 3. No Reprisals .. 3. Employee Donated Release Time 3. Employee Personal Release Time .. 4. Union Release Time Bank .. 4. Union Leave .. 5. ARTICLE 3 DUES DEDUCTION/ORGANIZATIONAL SECURITY .. 6. Union Security .. 6. Release of Home Addresses .. 8. ARTICLE 4 MANAGEMENT RIGHTS .. 10. Management Rights .. 10. ARTICLE 5 GENERAL PROVISIONS .. 10. 10. Supersession .. 10. Publication of Contract .. 17. Savings Clause .. 17.

2 Non-Discrimination .. 17. Department Defined .. 17. ARTICLE 6 GRIEVANCE AND ARBITRATION PROCEDURE .. 18. Purpose .. 18. 18. Time Limits .. 18. Waiver of Steps .. 18. Presentation .. 18. Employee 18. Informal Discussion .. 19. Formal Grievance Step 1 .. 19. Formal Grievance Step 2 .. 19. Formal Grievance Step 3 .. 19. Formal Grievance Step 4 .. 20. Response .. 20. Formal Grievance Step 5 .. 20. Health and safety Grievances .. 21. Immediate Dispute Resolution-Health and safety .. 22. Performance Grievance .. 23. ARTICLE 7 HOURS OF WORK AND 24. Shifts and Days Off Scheduling .. 24. ii BU 07. Final 01/21/2014. Alternate Work Schedules and Flexible Work Hours .. 26. Exchanging Days Off or Hours of 27. Rest Periods ( PUBLIC safety Operators/Dispatchers) .. 28. Meal Periods .. 28. Overtime Compensation .. 28. Overtime and Spikes CCC .. 31. Fire Fighters (7k) DSH/DDS .. 34. Firefighter/Security Officer Military Department/Parks and Recreation .. 36. Fire Training Drills .. 37. Hours of Work Department of Food and Agriculture.

3 37. Telecommuting .. 38. Resolution of FLSA Issues .. 38. Boat Patrol/Remote Assignment Department of Fish and Wildlife .. 38. Job Sharing .. 38. On-Call/Standby 39. Call Back .. 39. State Park Peace Officer Cadet Academy Overtime Compensation .. 40. Work Week Group Definitions .. 41. Overtime and Call Back Camp 41. 7(k) Canine Officer Schedule .. 42. Mandatory and Voluntary Overtime CHP .. 42. ARTICLE 8 HOLIDAYS .. 43. Holidays .. 43. Holiday Excess Time .. 44. ARTICLE 9 LEAVES .. 44. Vacation Leave and Scheduling .. 44. Vacation Scheduling .. 47. Sick Leave .. 47. Annual Leave Program .. 49. Bereavement .. 51. Bereavement Leave FF/FFSO .. 51. Jury Duty .. 52. Parental 52. Unpaid Leave of Absence .. 53. Catastrophic Leave .. 54. Catastrophic Leave Natural Disaster .. 55. Personal Leave Program (1992) Cash Value .. 55. Personal Leave Program (PLP) 2010 and 2012 .. 56. Mentoring Leave .. 56. Family Medical Leave Act (FMLA) .. 57. Paid Time Off, Precinct Election Board .. 57. Furlough 57.

4 Organ Donor Leave .. 57. Family School Partnership Act .. 58. Family Crisis 58. Family Activity Leave .. 59. ARTICLE 10 HEALTH AND WELFARE .. 59. 59. Counseling SERVICES .. 63. Enhanced Industrial Disability Leave (EIDL) .. 64. Enhanced Non-Industrial Disability Insurance Annual Leave .. 65. iii BU 07. Final 01/21/2014. Non-Industrial Disability Insurance .. 67. Flexible Benefits Program .. 68. Pre-Tax of Health/Dental Premium Costs .. 68. Long Term Care Insurance Plans .. 69. Limited Duty 69. Medical Examination .. 69. ARTICLE 11 RETIREMENT .. 70. Peace Officer/Fire Fighter Retirement Plan .. 70. 1959 Survivors' Benefits Fifth Level .. 70. 401(k) / 457 Deferred Compensation 70. Retirement: PO/FF A Formula (3% at age 50), PO/FF B Formula ( at age 55), and PUBLIC Employees' Pension Reform Act (PEPRA) PO/FF. Retirement Formula ( at age 57)/Contribution Rate/Final Compensation Earnable for Peace Officer/Firefighter Members .. 70. State safety Member Retirement: State safety A Formula ( at age 55), State safety B Formula (2% at age 55), and PUBLIC Employees' Pension Reform Act (PEPRA) State safety Retirement Formula (2% at age 57)/Contribution Rate/Final Compensation 72.

5 State Miscellaneous/Industrial- First Tier Member Retirement: First Tier A. (2% at age 55), First Tier B (2% at age 60), and PUBLIC Employees' Pension Reform Act (PEPRA) First Tier (2% at age 62) Formulas/ Contribution Rate/. Final Compensation Earnable .. 74. Second-Tier Retirement Plan .. 74. First Tier Eligibility for Employees in Second Tier .. 75. Retirement Legislation .. 75. PUBLIC Employees' Pension Reform Act of 2013 (PEPRA) .. 75. Tax Treatment of Employee Pension Contribution .. 76. Alternate Preretirement Death 77. ARTICLE 12 ALLOWANCES AND REIMBURSEMENTS .. 77. Business And Travel Expense .. 77. Uniform Replacement Allowance .. 83. Transportation Incentives and Parking Rates .. 86. Personal Property .. 87. Business Cards/Identification Cards .. 88. Physical Examination Reimbursement .. 88. State-Owned Housing Rental and Utility Rates .. 88. Cellular Phone Allowance .. 90. Moving and Relocation Expense .. 90. ARTICLE 13 safety AND 91. Proper PROTECTIVE Equipment .. 91. Physical Fitness.

6 114. Physical Fitness Incentive Program .. 114. Computer Work Stations .. 116. Exercising on State Time Firefighters 24/7 Shifts .. 116. ARTICLE 14 CAREER 116. Education and Training .. 116. Training - POST .. 117. Training - Emergency Medical Technician .. 118. Training california Conservation Corps (CCC) .. 118. Training 119. Field and Program Representative Training and Special Learning .. 122. iv BU 07. Final 01/21/2014. Personnel and Evaluation Materials .. 123. Personal Performance Session .. 124. Lifeguard/State Park Ranger Cadet Training Program .. 124. Interpretive and Resource Management Activities .. 125. DMV Investigator 125. Reimbursement of Certification Fees (Department of Consumer Affairs) .. 125. Personal Development Days .. 125. ARTICLE 15 CLASSIFICATIONS .. 125. Classification Proposals .. 125. Out-of-Class Work .. 126. Classification Issues .. 127. Joint Labor Management Task Forces Regarding Arming of DSH Hospital Police Officers and DDS Peace Officers .. 127. ARTICLE 16 EMPLOYEE TRANSFER AND 128.

7 Transfer Filling of Vacancies .. 128. Voluntary Geographic Transfers .. 128. Transfers CCC .. 129. Transfers Department of Justice (DOJ) .. 130. Transfers california Highway Patrol .. 141. Transfers Department of Motor Vehicles .. 143. Transfers Department of Fish and Wildlife .. 143. Transfers Department of Alcoholic Beverage 145. Transfers Department of Parks and Recreation .. 146. Involuntary Transfers .. 148. Appeal of Involuntary Transfer .. 149. Transfers CAL 149. ARTICLE 17 LAYOFF .. 149. Layoff and Reemployment .. 149. ARTICLE 18 MISCELLANEOUS .. 151. Grooming Standards .. 151. Residency Policy Department of Fish and Wildlife .. 151. Vehicles .. 151. Drive Tests .. 153. Joint Labor/Management Committee .. 154. Seasonal Lifeguard Employment .. 154. Nepotism .. 154. Timely Payment of Wages .. 155. Child 156. Legal Service Plan .. 156. Home Office Inspection .. 156. Limits on Retired Annuitants .. 156. LRE Work Space and Time Allocation .. 156. ARTICLE 19 156. Adjustment to Pay 156.

8 Salary Definitions .. 157. Merit Salary Adjustment .. 157. Payroll System .. 157. Arduous Pay Differential .. 158. Bilingual Premium .. 159. Commercial Drivers License Differential 159. PUBLIC safety Dispatcher-In-Charge (PSDIC) Differential .. 159. v BU 07. Final 01/21/2014. Diving Pay .. 160. Employee Recognition and Morale Program Franchise Tax Board .. 160. Differential Fire Fighter Lead Person Assignments .. 160. Differential Flight-Time .. 161. Canine Care/Differential .. 161. Differential Mounted Patrol Cal Expo .. 164. Differential Night Shift .. 164. Professional Competency Pay Franchise Tax Board .. 166. Recruitment and Retention Differential Department of california Highway Patrol .. 166. Recruitment and Retention Differential, Department of Fish and Wildlife, Department of Parks and Recreation .. 167. Recruitment and Retention Pay Differential Establishment .. 168. Seasonal Lifeguard Merit Salary 169. Differential Special Operations 169. Differential Motorcycle/ATV .. 169. Differential Department of Justice Task Force Commander.

9 169. Training Officer Pay Differential Establishment .. 170. Differential Training Officer .. 170. Longevity Pay Differential .. 173. Recruitment and Retention Differential Department of Parks and Recreation, Department of Fish and Wildlife .. 173. Education Incentive Pay For Peace Officers/Fire Fighters (POFF) .. 173. Continuous 174. ARTICLE 20 - ENTIRE AGREEMENT .. 174. Entire Agreement .. 174. Duration .. 175. Contract Modification .. 175. SIDELETTERS AND ATTACHMENTS .. 176. SIDELETTER 1 california Conservation Corp 176. SIDELETTER 2 Department of Developmental SERVICES (DDS) Shifts and Days Off Scheduling 176. ATTACHMENT A Firefighter/Security Officer Dept. of the Military/Parks and Recreation Conversion Chart for the Use of charging leave credits.. 177. ATTACHMENT B Physical Fitness Incentive .. 181. ATTACHMENT C Commercial Drivers License Drug and Alcohol Testing Agreement .. 190. ATTACHMENT D Drive Tests .. 199. ATTACHMENT E Drive Tests .. 200. SALARY 201. SIGNATURE PAGE .. 210.

10 Vi BU 07. Final 01/21/2014. PREAMBLE. This CONTRACT, hereafter referred to as the Contract, 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 california Statewide Law Enforcement Association, hereafter referred to as CSLEA, has as its purpose the promotion of harmonious labor relations between the State and CSLEA; 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 and conditions of employment. The term "Contract" as used herein means the written Agreement provided under section of the Government Code. ARTICLE 1 RECOGNITION. Recognition A. Pursuant to PUBLIC Employment Relations Board certification S-SR-7, the State recognizes CSLEA as the exclusive negotiating agent for all employees in the PROTECTIVE SERVICES and PUBLIC safety unit 7. B. Pursuant to Government Code sections and 3517, CSLEA.