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or existing understanding or MOU by the parties, whether formal or informal, regarding any such matters are hereby superseded.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 CalHR 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 CalHR 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 CalHR to establish rules regulating vacation accrual for part-time employees and those transferring from one State agency to another.

19856.1     Requires CalHR 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 CalHR 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 CalHR 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 CalHR 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 CalHR rule.

(7)      Uniforms, Work Clothes, and Safety Equipment

19850        Definitions.

19850.1     Provides for uniform allowances.

19850.3     Requires CalHR 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 CalHR 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 CalHR to establish rules governing NDI.

(10)    Life Insurance

21600        Establishes group term life insurance benefits.

21604        Provides for Death Benefit from PERS.

21605        Sets Death Benefit at $5,000 plus 50 percent of one year’s salary.

(11)    Health Insurance

22808        Provides for continuation of health plan coverage during leave of absence without pay.

22871        Provides for employee and employer contribution.

22871.6     Sets employer contribution.

(12)    Workweek

19851        Sets 40-hour workweek and 8-hour day.

19843        Directs the CalHR to establish and adjust workweek groups.

(13)    Overtime

19844        Directs CalHR 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 CalHR 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 CalHR 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 CalHR 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 CalHR rule.

19992.4     Allows CalHR 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 CalHR 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 CalHR 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.