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Table of Contents
ARTICLE 19
ENTIRE AGREEMENT AND SUPERSESSION
19.1 Entire Agreement
a. This MOU sets forth the full and entire understanding of
the parties regarding the matters contained herein, and any other prior or
existing understanding or MOU by the parties, whether formal or informal,
regarding any such matters are hereby superseded. Except as provided in this
MOU, it is agreed and understood that each party to this MOU voluntarily waives
its right to negotiate with respect to any matter raised in negotiations or
covered in this MOU, for the duration of the MOU.
With respect to other matters within the scope of negotiations, negotiations may
be required during the term of this MOU as provided in Subsection b. below.
b.
The parties agree that the provisions of this Subsection shall apply only to
matters which are not covered in this MOU.
The parties recognize that during the term of this MOU, it may be necessary for
the State to make changes in areas within the scope of negotiations. Where the
State finds it necessary to make such changes, the State shall notify PECG of
the proposed change 30 days prior to its proposed implementation.
The parties shall undertake negotiations regarding the impact of such changes on
the employees in Unit 9, when all three of the following exist:
(1)
Where such changes would have an impact on working conditions of a significant
number of employees in Unit 9;
(2)
Where the subject matter of the change is within the scope of representation
pursuant to the Dills Act;
(3)
Where PECG requests to negotiate with the State.
Any agreement resulting from such negotiations shall be executed in writing and
shall become an addendum to this MOU. If the parties are in disagreement as to
whether a proposed change is subject to this Subsection, such disagreement may
be submitted to the arbitration procedure for resolution. The arbitrator’s
decision shall be binding. In the event negotiations on the proposed change are
undertaken, any impasse which arises may be submitted to mediation pursuant to
Section 3518 of the Dills Act.
19.2 Supersession
The following Government Code Sections and all DPA regulations and/or rules
related thereto are hereby incorporated into this MOU. However, if any other
provision of this MOU is in conflict with any of the Government Code Sections
listed below or the regulations related thereto, such MOU provision shall be
controlling. The Government Code Sections listed below are cited in Section
3517.6 of the Dills Act.
a.
Government Code Section
(1)
General
19824
Establishes monthly pay periods.
19839
Provides lump-sum payment for unused vacation accrued or compensating time off
upon separation.
19888
Specifies that service during an emergency is to be credited for vacation, sick
leave, and MSA.
(2)
Step Increases
19829
Requires DPA to establish minimum and maximum salaries with intermediate steps.
19832
Establishes annual merit salary adjustments (MSA’s) for employees who meet
standards of efficiency.
19834
Requires MSA payments to qualifying employees when funds are available.
19835
Provides employees with the right to cumulative adjustments for a period not to
exceed two years when MSA’s are denied due to lack of funds.
19836
Provides for hiring at above the minimum salary limit in specified instances.
19837
Authorizes rates above the maximum of the salary range when a person’s position
is downgraded. (Red Circle Rates.)
(3)
Holidays
19853
Establishes legal holidays.
19854
Provides for personal holiday.
(4)
Vacations
19858.1
Defines amount earned and methods of accrual by full-time employees.
19856
Requires DPA to establish rules regulating vacation accrual for part-time
employees and those transferring from one State agency to another.
19856.1
Requires DPA to define the effect of absence of 10 days or less on vacation
accrual.
19863
Allows vacation use while on temporary disability (due to work-incurred injury)
to augment paycheck.
19143
Requires DPA to establish rules regarding vacation credit when employees have a
break in service over six months.
19991.4
Provides that absence of an employee for a work-incurred compensable injury or
disease is considered continuous service for the purpose of the right to
vacation.
(5)
Sick Leave
19859
Defines amount earned and methods of accrual for full-time and part-time
employees.
19861
Allows DPA to define the effect on sick-leave credits of absences of 10 days or
less in any calendar month.
19862
Permits sick leave to be accumulated.
19863
Allows sick leave use while on temporary disability (due to work-incurred
injury) to augment paycheck.
19863.1
Provides sick leave credit while employee is on industrial disability leave and
prescribes how it may be used.
19864
Allows the DPA to provide by rule for sick leave without pay for employees who
have used up their sick leave with pay.
19866
Provides sick leave accumulation for non-civil service employees.
19991.4
Provides that absence of an employee for a work-incurred compensable injury or
disease is considered continuous service for the purpose of the right to sick
leave.
(6)
Paid Leaves of Absence
19991.3
Jury duty.
19991.5
30-day educational leave for the medical staff and medical technicians of the
Veterans’ Home.
19991.7
Teachers’ educational leave and earned credits subject to DPA rule.
(7)
Uniforms, Work Clothes, and Safety Equipment
19850
Definitions.
19850.1
Provides for uniform allowances.
19850.3
Requires DPA to establish procedures to determine need for uniforms and the
amount and frequency of uniform allowances.
19850.4
Provides for work clothes for purposes of sanitation or cleanliness to be
maintained and owned by the State.
19850.5
Provides for initial issuance of required safety equipment at State expense.
(8)
Industrial Disability Leave (IDL)
19869
Defines who is covered.
19870
Defines “IDL” and “full pay.”
19871
Provides terms of IDL coverage in lieu of workers’ compensation temporary
disability payment.
19871.1
Provides for continued benefits while on IDL.
19872
Prohibits payment of temporary disability or sick leave pay to employees on IDL.
19873
Inapplicability of retraining and rehabilitation provisions of Labor Code to
employees covered by IDL.
19874
Allows employees to receive Workers’ Compensation benefits after exhaustion of
IDL benefits.
19875
Requires three-day waiting period, unless hospitalized or disability more than
14 days.
19876
Payments contingent on medical certification and vocational rehabilitation.
19877
Authorizes DPA to adopt rules governing IDL.
19877.1
Sets effective date.
(9)
Non-Industrial Disability Insurance (NDI)
19878
Definitions.
19879
Sets the amount of benefits and duration of payment.
19880
Sets standards and procedures.
19880.1
Allows employee option to exhaust vacation prior to NDI.
19881
Bans NDI coverage if employee is receiving unemployment compensation.
19882
Bans NDI coverage if employee is receiving other cash payment benefits.
19883
Provides for discretionary deductions from benefit check, including employer
contributions; employee does not accrue sick leave or vacation credits or
service credits for any other purpose.
19884
Filing procedures; determination and payment of benefits.
19885
Authorizes DPA to establish rules governing NDI.
(10)
Life Insurance
20750.11 Provides for
employer contributions.
21400
Establishes group term life insurance benefits.
21404
Provides for Death Benefit from PERS.
21405
Sets Death Benefit at $5,000 plus 50 percent of one year’s salary.
(11)
Health Insurance
22816
Provides for continuation of health plan coverage during leave of absence
without pay.
22825
Provides for employee and employer contribution.
22825.1
Sets employer contribution.
(12)
Workweek
19851
Sets 40-hour workweek and 8-hour day.
19843
Directs the DPA to establish and adjust workweek groups.
(13)
Overtime
19844
Directs DPA to establish rules regarding cash compensation and compensating time
off.
19848
Permits the granting of compensating time off in lieu of cash compensation
within 12 calendar months after overtime worked.
19849
Requires DPA to adopt rules governing overtime and the appointing power to
administer and enforce them.
19863
Allows use of accumulated compensable overtime while on temporary disability
(due to work-incurred injury) to augment paycheck.
(14)
Callback Time
19849.1
Allows DPA to set rules and standards for callback time based on prevailing
practices and the needs of State service.
(15)
Deferred Compensation
19993
Allows employees to deduct a portion of their salary to participate in a
deferred compensation plan.
(16)
Relocation Expenses
19841
Provides relocation expenses for involuntary transfer or promotion requiring a
change in residence.
(17)
Travel Expenses
19820
Provides reimbursement of travel expenses for officers and employees of the
State on State business.
19822
Provides reimbursement to State for housing, maintenance and other services
provided to employees.
(18)
Unpaid Leaves of Absence
19991.1
Allows the appointing power to grant a one-year leave of absence; assures the
employee a right of return.
19991.2
Allows the appointing power to grant a two-year leave for service in a technical
cooperation program.
19991.4
Provides that absence of an employee for work-incurred compensable injury or
disease is considered as continuous service for purposes of salary adjustments,
sick leave, vacation or seniority.
19991.6
Provides one year of pregnancy leave or less as required by a permanent female
employee.
(19)
Performance Reports
19992
Provides for establishment of performance standards by State agencies.
19992.1
Provides for a system of performance reports and allows DPA to enforce adherence
to appropriate standards.
19992.2
Requires the appointing power to prepare performance reports and show them to
the employee.
19992.3
Requires performance reports to be considered in salary increases and decreases,
layoffs, transfers, demotions, dismissals and promotional examinations as
prescribed by DPA rule.
19992.4
Allows DPA to establish rules leading to reduction in class and compensation or
dismissal for unsatisfactory service.
(20)
Involuntary Transfers
19841
Provides relocation expenses for involuntary transfer or promotion requiring a
change in residence.
19994.1
Authorizes involuntary transfers. Requires 60-day prior
written notice when transfer requires change in residence.
19994.2
Allows seniority to be considered when two or more employees are in a class
affected by involuntary transfers which require a change in residence.
(21)
Demotion and Layoff
19997.2
Provides for subdivisional layoffs in a State agency subject to DPA
approval. Subdivisional re-employment lists take
priority over others.
19997.3
Requires layoffs according to seniority in a class, except for certain classes
in which employee efficiency is combined with seniority to determine order of
layoff.
19997.8
Allows demotion in lieu of layoff.
19997.9
Provides for salary at maximum step on displacement by another employee’s
demotion, provided such salary does not exceed salary received when demoted.
19997.10
An employee displaced by an employee with return rights may demote in lieu of
layoff.
19997.11
Establishes re-employment lists for laid-off or demoted employees.
19997.12
Guarantees same step of salary range upon recertification after layoff or
demotion.
19997.13
Requires 30-day written notice prior to layoff and not more than 60-days after
seniority computed.
19998
Employees affected by layoff due to management-initiated changes should receive
assistance in finding other placement in State service.
(22)
Incompatible Activities
19990
Requires each appointment power to determine activities which are incompatible,
in conflict with, or inimical to their employees’ duties; provides for
identification of and prohibits such activities.
(23)
Use of State Time
19991
Provides State time for taking civil service examinations including employment
interviews for eligibles on employment lists, or attending a meeting of DPA
or SPB on certain matters.
(24)
Training
19995.2
Provides for counseling and training programs for employees whose positions are
to be eliminated by automation, technological or management-initiated changes.
19995.3
Provides for Department of Rehabilitation to retrain and refer disabled State
employees to positions in State service.
b.
Applicable Education Codes
Part 43, Section 70000, et al.
Part 32, Section 59000, et al.
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