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2003-2008
Unit 9 memorandum of understanding (mou)
between the
professional engineers in California Government (pecg)
and the
state of CALIFORNIA
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION AND PURPOSE
1.1
Recognition and Purpose
ARTICLE 2 – TERM
2.1
Term
ARTICLE 3 - SALARIES AND COMPENSATION
3.1
Salary Parity for Unit 9
3.2
Merit Salary Adjustments
3.3
Professional
Qualification Compensation
3.4
Bilingual Differential Pay
3.5
Overpayments/Payroll Errors
3.6
Timely Payment of Wages
3.7
Long Term Differential
3.8
Prison Recruitment
and Retention Bonus
3.9
Shift Differential
3.10
Diving Pay
3.11
Range Changes
3.12
Late Docks
3.13
ICBO/OSHPD Certificates – Department of General Services
3.14
Safety Professional Certificates – Department of Industrial Relations
3.15
Climbing Pay
3.16
Non-Licensed
Classification Bonus
3.17
Traffic Engineer
Differential
3.19
Recruitment and Retention Differentials
3.21
Lead Person Differential
3.25
Personal Expense
Differential
ARTICLE 4 - HEALTH AND WELFARE
4.1
Health Benefit Plan
4.2
Health
Benefit Plan – Eligibility for Benefits
4.3
Non-Industrial
Disability Insurance
4.4
Enhanced Non-Industrial Disability Insurance - Annual Leave
4.5
Cost Containment Committee
4.6
Employee Assistance Program
4.7
Flexible Benefit Program
4.8
Long-Term Care Insurance
Plans
4.9
Pre-Tax of Health/Dental
Premiums
4.10
Group Legal Services Plan
4.11
1959 Survivors’
Benefits – Fifth Level
4.12
Rural Subsidy Program
ARTICLE 5 - LEAVES
5.1
Sick Leave
5.2
Bereavement Leave
5.3
Catastrophic Leave
5.4
Vacation Leave
5.5
Adoption Leave
5.6
Parental Leave
5.7
Jury Duty/Subpoena
5.8
Catastrophic Leave -
Natural Disaster
5.9
Personal Leave Program
5.10
Industrial Disability Leave
5.11
Mentoring Leave
5.12
Annual Leave Program
5.13
Precinct Election Board
Member
ARTICLE 6 – CLASSIFICATIONS
6.1
Out-of-Classification
Assignments
6.2
Classification Changes
ARTICLE 7 - ALLOWANCES AND REIMBURSEMENTS
7.1
Business and Travel Expense
7.2
Commute Program
7.3
Safety Footwear
7.4
Class A and/or Class B Commercial Driver’s License and Medical Fees
7.5 Uniform
Replacement Allowance - Department of Parks and Recreation and
Department of Forestry and Fire Protection
7.6
Overtime Meals
7.7
Parking Rates
7.8
Moving and Relocation
ARTICLE 8 - HOURS OF WORK AND OVERTIME
8.1
Overtime
8.2
Work Week Groups
8.4
Work Shift Schedules
8.5
Telecommuting
and Alternate Work Schedules
ARTICLE 9 – HOLIDAYS
9.1
Holidays
ARTICLE 10 – INSURANCE
10.1
Life Insurance
10.2
Accidental
Death/Dismemberment Benefits
ARTICLE 11 – RETIREMENT
11.1
First
Tier Eligibility for Employees in Second Tier
11.2
401(k) Deferred
Compensation Program
11.3
457 Deferred
Compensation Program
11.4
Tax Deferral and Lump Sum Leave Cash Out Upon Separation
11.5
Determination of Safety Retirement Eligibility
11.8
Employee Retirement Contribution Reduction - Safety Members
11.9
Employee
Retirement Contribution Reduction - Miscellaneous Members
ARTICLE 12 - GRIEVANCE PROCEDURE
12.1
Purpose
12.2
Definitions
12.3
Time Limits
12.4
Waiver of Steps
12.5
Presentation
12.6
Informal Discussion
12.7
Formal Grievance - Step 1
12.8
Formal Grievance - Step 2
12.9
Formal Grievance - Step 3
12.10
Formal Grievance - Step 4
12.11
Response
12.12
Formal Grievance - Step 5
ARTICLE 13 - LAYOFF AND REEMPLOYMENT
13.1
Layoff and Reemployment
13.2
Mitigation
ARTICLE 14 - HOME ADDRESSES
14.1
Release of Home Addresses
14.2
Work and Family Committee
ARTICLE 15 - PERSONNEL ACTIVITIES
15.1
Personnel Files
15.2
Appeal of Involuntary
Transfer
ARTICLE 16 - HEALTH AND SAFETY
16.1
Health and Safety
ARTICLE 17 - STATE RIGHTS
17.1
State Rights
ARTICLE 18 – REPRESENTATION
18.1
Representatives
18.2
Employees
18.3
Information
18.4
Access
18.5
Bulletin Boards
18.6
Distribution of Literature
18.7
Employee Orientation
18.8
State Phones
18.9
Organizational Security
18.10
No Reprisal
18.11
Information to Employees
18.12
Payroll Deduction
ARTICLE 19 - ENTIRE AGREEMENT AND SUPERSESSION
19.1
Entire Agreement
19.2
Supersession
ARTICLE 20 - SAVINGS CLAUSE
20.1
Savings Clause
ARTICLE 21 - NO-STRIKE CLAUSE
21.1
No-Strike Clause
ARTICLE 22 – TRAINING
22.1
Training
ARTICLE 23 - STATE-OWNED HOUSING RENTAL AND UTILITY RATES
23.1
State-Owned
Housing Rental and Utility Rates
ARTICLE 24 – CONTRACTING OUT
ARTICLE 25 – ON-CALL/STANDBY
TIME
APPENDICES AND SIDELETTERS
Appendix A -
Salary Schedule
APPENDIX B - IRS Agreement
SIDE LETTER #1 - Associate
Transportation Engineer, Caltrans
SIDE LETTER #10 - Survivor Benefits
SIDE LETTER #12 - Work and Family Issues
SIDE LETTER #15 – CAL/EPA Relocation
Agreement
ARTICLE 1
RECOGNITION AND PURPOSE
1.1 Recognition and Purpose
This Memorandum of Understanding
(hereinafter “MOU” or “Agreement”) is entered into by and between the
State of California (hereinafter “State” or “State employer”) and
Professional Engineers in California Government (hereinafter “PECG”),
pursuant to the Ralph C. Dills Act, Government Code Sections 3512 et seq.
Its purpose is to improve
employer-employee relations between the parties by establishing wages,
hours, other terms and conditions of employment, and other subjects
contained herein.
Pursuant to the Dills Act and
PERB Certification #S-SR-9, the State recognizes PECG as the exclusive
representative of all employees in the Professional Engineer Unit, Unit 9
(hereinafter “Bargaining Unit”). Pursuant to Government Code Section 3517,
the State employer shall be represented by the Director of the Department
of Personnel Administration (hereinafter “DPA”) or his/her designee.
ARTICLE 2
TERM
2.1 Term
a. The terms of this
contract shall go into effect on July 2, 2003 and shall remain in full
force and effect through and including July 2, 2008.
b. PECG reserves the
right to reopen negotiations after March 1, 2008, by giving the State
written notice.
c. Effective 2006,
PECG may reopen up to four (4) items in the MOU or other items within the
scope of representation.
d. If other
Bargaining Units receive increases in items in these sections of the MOU,
the same increases shall be provided to Unit 9 employees:
7.1 Business and Travel Expense
7.2 Commute Program
7.6 Overtime Meals
3.4 Bilingual Differential
4.3 NDI
4.4 Enhanced NDI
4.12 Rural Subsidy Program
ARTICLE 3
SALARIES AND COMPENSATION
3.1 Salary Parity for Unit 9
All
employees in classifications in Unit 9 shall receive salaries no less than
salaries received by their counterparts in California’s larger local
agencies and the University of California. The determination of
those salaries shall be based on DPA’s survey of Professional Engineer
Benchmarks, utilizing the California public agencies and the University of
California included in the department’s survey dated December 2002,
updated annually, and the local agency classifications and salary range
matches contained therein. The salary survey for those
classifications and agencies shall be updated no less than once per year.
The agencies and classifications included in the survey shall only be
changed upon agreement between DPA and PECG.
The
calculation of the salary lead or lag for Unit 9 employees shall be based
on weighted average salaries of employees in the classifications in those
surveyed agencies.
All steps
in each salary range shall be increased by the same percentage. The
salary for intermediate classifications in ranges between the Entry and
Supervisory levels shall be based on prorating or interpolating the
salaries.
All salary
increases shall be rounded to the nearest dollar. In no event shall
salaries be reduced as a result of this provision. DPA and PECG may
negotiate salaries above the minimum level on any general, regional,
specialty, classification, department, or other basis they choose to agree
upon.
Salaries
for Unit 9 employees shall be increased as appropriate to correspond to
the timing of the salaries received by local agency employees included in
the survey, with adjustments in the Unit 9 salaries occurring no less than
once every 12 months, as follows:
-
Effective July 1,
2005, the salary increase for all Unit 9 employees shall be no less than
25% of the lag calculated from the December 2004 survey or later.
-
Effective July 1,
2006, the salary increase for all Unit 9 employees shall be no less than
50% of the lag calculated from the survey dated December 2005 or later.
-
Effective July 1,
2007, the salary increase for all Unit 9 employees shall be no less than
75% of the lag calculated from the survey dated December 2006 or later.
-
Effective July 1,
2008, and thereafter, the salaries for all Unit 9 employees shall be
such that any lag calculated from the December 2007 or later DPA survey
shall be entirely eliminated.
State of California – Governmental Salary Report – December 2002
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Benchmark Title: Civil Engineer/Civil Engineer
Registered
State Comparisons
(1) Entry/Non-Registered Journey Level: Transportation Engineer
(Civil) (Range A-B)
(2) Journey Level: Transportation Engineer (Registered Civil)
(Range D)
(3) Senior Level: Senior Transportation Engineer, Caltrans |
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Government Data |
(1) Entry/Non-Registered Journey |
(2) Registered Journey |
(3) Supervisory Level |
|
Salary Minimum |
Salary Maximum |
Salary Minimum |
Salary Maximum |
Salary Minimum |
Salary Maximum |
|
State of California |
$3,273 |
$4,550 |
$4,635 |
$5,632 |
$5,087 |
$6,181 |
|
Alameda County |
$4,710 |
$5,442 |
$6,013 |
$7,307 |
$7,284 |
$8,859 |
|
Contra Costa County |
$4,726 |
$5,618 |
$5,750 |
$7,733 |
$6,667 |
$8,104 |
|
Fresno County |
$4,454 |
$5,414 |
$4,329 |
$7,180 |
$4,961 |
$8,160 |
|
Los Angeles County |
$4,096 |
$5,088 |
$5,139 |
$6,385 |
$6,385 |
$7,932 |
|
Orange County |
$4,656 |
$5,327 |
$5,765 |
$6,606 |
$6,431 |
$7,367 |
|
Riverside County |
$3,556 |
$5,322 |
$4,419 |
$5,917 |
$5,323 |
$6,758 |
|
Sacramento County |
$4,152 |
$5,046 |
$5,290 |
$6,125 |
$6,421 |
$7,080 |
|
San Bernardino County |
$3,831 |
$4,890 |
$4,434 |
$5,665 |
$5,801 |
$7,429 |
|
San Diego County |
$3,621 |
$5,086 |
$4,926 |
$5,989 |
$5,817 |
$7,070 |
|
Santa Clara County |
$4,893 |
$5,950 |
$5,836 |
$7,093 |
$6,834 |
$8,327 |
|
SF City/County |
$4,483 |
$6,036 |
$5,891 |
$8,290 |
$7,893 |
$9,594 |
|
City of Fresno |
$3,427 |
$4,158 |
$5,121 |
$6,228 |
$5,828 |
$7,088 |
|
City of Los Angeles |
$4,256 |
$5,286 |
$5,566 |
$6,915 |
$6,543 |
$8,131 |
|
City of Oakland |
$3,883 |
$4,767 |
$5,243 |
$6,438 |
$6,445 |
$7,914 |
|
City of Riverside |
$4,414 |
$5,365 |
$5,110 |
$6,212 |
$6,751 |
$8,202 |
|
City of Sacramento |
$3,053 |
$5,240 |
$4,520 |
$6,360 |
$5,000 |
$7,502 |
|
City of San Diego |
$3,644 |
$5,079 |
$4,853 |
$5,861 |
$5,595 |
$6,764 |
|
City of San Jose |
$4,953 |
$6,034 |
$6,017 |
$7,334 |
$7,317 |
$8,914 |
|
California State University |
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University of California |
$3,417 |
$6,150 |
$4,133 |
$7,442 |
$4,550 |
$7,775 |
|
Federal Government
|
$3,315 |
$4,309 |
$4,807 |
$6,249 |
$5,716 |
$7,431 |
|
Average Private Salary |
$4,936 |
$6,080 |
$6,958 |
|
Average State Salary |
$4,494 |
$5,406 |
$6,108 |
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Civil Engineer/Civil Engineer (Registered) - This is a
working-level professional engineer. Incumbents perform a wide
variety of professional engineering work in either an office or field
setting. As incumbents progress they are assigned more difficult
work and may function as a lead person over the activities of
engineering and technical personnel. The entry level requires
graduation from a four-year curriculum in civil engineering accredited
by the Accreditation Board for Engineering Technology or possession of
a valid certificate as an Engineer-in-Training issued by the
California State Board of Registration for Professional Engineers and
Land Surveyors. At the journey level with registration, the engineer
may be in a responsible charge capacity. Incumbents at the
supervisory level are distinguished from lead engineers in that their
role is predominately directing the work of subordinate professional
engineers and registration is mandatory for these positions.
Some positions may be titled supervising engineer. |
3.2 Merit Salary Adjustments
a.
Unit 9 employees shall receive annual merit salary adjustments in
accordance with Government Code Section 19832 and applicable DPA rules.
b.
Notwithstanding 2 Cal. Code Reg. § 599.684, an employee whose merit salary
adjustment is denied may appeal pursuant to Article 12 (Grievance and
Arbitration) of this agreement.
3.3 Professional
Qualification Compensation
a.
Licensing Examinations – Fees and Time Off
1.
Upon successful completion of the examination for the licenses listed
below, the State shall reimburse Unit 9 employees for their application
fee for the following professional licenses: Engineer, Architect,
Landscape Architect, Engineering Geologist, Land Surveyor,
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