Agreement Between

The State of California and

California Statewide Law Enforcement Association (CSLEA)

covering

BARGAINING UNIT 7

PROTECTIVE SERVICES AND PUBLIC SAFETY

Effective

July 1, 2023 through June 30, 2026

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 3517.5 of the Government Code.

1. 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.

2. Pursuant to Government Code Sections 19815.5 and 3517, CSLEA recognizes the Director of the California Department of Human Resources (CalHR), or designee as the negotiating representative for the State and shall negotiate exclusively with the Director or designee, except as otherwise specifically spelled out in the Contract.

1. The State recognizes and agrees to deal with designated representatives of CSLEA on all matters relating to grievances. On all other matters, the State agrees to deal only with CSLEA staff representatives or Unit 7 employees who have been specifically authorized by CSLEA to handle such matters.

2. A written list of CSLEA Board members and representatives serving each work location, listed by department, shall be furnished to the State immediately after their designation, and CSLEA shall notify the State promptly of any change of CSLEA Board members or representatives. CSLEA representatives shall not be recognized by the State until such lists or changes thereto are received. There shall be no more than one (1) CSLEA representative and, at CSLEA's option, two (2) alternates per department per work location.

1. However, in work locations where Unit 7 employees work a twenty-four (24) multiple shift schedule, the number of designated site representatives shall be as follows:

1. For work locations with less than fifteen (15) Unit 7 employees, there shall be no more than three (3) CSLEA representatives per location.

2. For work locations with fifteen (15) to fifty (50) Unit 7 employees, there shall be no more than four (4) CSLEA representatives per location.

3. For work locations with more than fifty (50) Unit 7 employees, there shall be no more than six (6) CSLEA representatives per location.

4. CSLEA shall, at the request of the State, designate a chief representative at such multiple shift locations.

3. Upon request of an aggrieved Unit 7 employee, a CSLEA representative may investigate the grievance, provided it is in the aggrieved employee's regular work location, and assist in its presentation. The employee shall be allowed reasonable release time for the purpose of representing aggrieved employees in Unit 7 during working hours without loss of compensation, subject to prior notification and approval by their immediate supervisor. Approval shall not be unreasonably denied. The aggrieved employee shall also be allowed reasonable release time to confer with their representative and present the grievance during working hours without loss of compensation.

4. Upon request of a Unit 7 employee who is the subject of an investigation, a CSLEA representative shall be allowed reasonable release time for the purpose of representing Unit 7 employees in Internal Affairs Investigations and "Skelly" hearings during working hours without loss of compensation, subject to prior notification and approval of their immediate supervisor. Employees exercising their "Skelly" rights shall be granted reasonable release time to confer with a representative and to make the "Skelly" presentation during working hours and without loss of compensation.

CSLEA representatives shall have access to employees for purposes related to the administration of this Contract. Access shall not interfere with the work of the employees. CSLEA representatives seeking access to employees shall notify the department head or designee prior to contacting employees during work time. The department head or designee may restrict access to certain work sites or areas for reasons of safety, security, patient care or patient privacy. However, access shall not be unreasonably denied for failure to provide advance notice. Whenever access is restricted other reasonable accommodations shall be made.

1. CSLEA and/or CSLEA Affiliates shall have access to employee organization bulletin boards at all work sites with Unit 7 employees to post materials related to CSLEA activities. Any materials posted must be dated and initialed by the CSLEA representative responsible for the posting.

2. The appropriate department shall provide reasonable bulletin board space for the exclusive use of CSLEA activities. However, at its option and expense, CSLEA may provide and install at one (1) or more facilities a bulletin board (with optional cover and lock) not to exceed 36" x 48" in size and to be placed in a location to be determined by the facility manager.

3. CSLEA agrees that materials posted shall conform to existing CalHR guidelines.

1. The State shall continue to permit use of certain facilities for CSLEA meetings, subject to the operating needs of the State. Requests for use of such State facilities shall be made in advance to the appropriate State official. When required, CSLEA shall reimburse the State for additional expenses, such as security, maintenance and facility management costs, or utilities incurred as a result of CSLEA's use of such State facilities. Such costs shall not exceed those applied to other users. CSLEA agrees to leave used facilities in the condition in which they were found.

2. CSLEA representatives and Unit 7 Members shall be permitted minimal and incidental use of State equipment (such as telephone, fax, copy machines and the internet) for representational activities if said equipment is available and utilized as a normal part of their duties. Such use of State equipment shall not result in additional costs to the State, nor shall it interfere with the conduct of State business. Representational activities shall not include political or partisan activities and emails shall not be used for mass mailings.

1. Departments employing Unit 7 members shall provide written notification as soon as practicable to CSLEA of any scheduled new employee orientation.

2. Up to one (1) hour shall be made available during the orientation of employees new to Unit 7 for orientation to the collective bargaining Contract. In each such instance, a representative designated by CSLEA shall conduct such orientation to the Contract and all CSLEA functions and services.

3. If a department does not hold an orientation within three (3) months of hire, CSLEA shall have the right to hold the orientation at CSLEA's option, but will schedule the orientation so as not to disrupt operations.

The State and CSLEA shall not impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of the exercise of their rights under the Ralph C. Dills Act or any right given by this Contract.

1. Each department with Unit 7 employees shall establish a release time bank. The purpose of the release time bank is to allow Unit 7 employees to voluntarily contribute CTO hours, holiday credits, excess time which exceeds departmental minimum, personal leave time and annual leave, or vacation credits to be used by Unit 7 employees identified by CSLEA for purposes related to employee organization matters not conflicting with the operations of the State employer. The use of the release time bank is subject to reasonable advance notice. The department shall reasonably grant requested release time based on operating needs.

2. For purposes of this section, all hours shall be treated as equal.

3. Employees shall execute necessary forms and utilize a code number (to be established by each department) on their attendance form to authorize transfer of existing leave credits consistent with (A) above to withdraw time from the release time bank in increments of one (1) hour. Employees may donate anytime with time credited during the last ten (10) working days of each quarter or anytime they are ordered to reduce their CTO balances.

4. Upon request from CSLEA, departments shall make available their records of employee donations and withdrawals for reconciliation purposes.

5. Release time may be transferred between bureaus, divisions, programs, etc. of each department.

6. Time may be donated by Unit 7 employees across departmental lines, and cross lines of boards and bureaus to a departmental release time bank.

1. Employees in Unit 7 may use vacation, holiday credit, compensating time off, annual leave, personal leave, excess time which exceeds the department minimum, or absence without pay for purposes related to employee organization matters provided such time away from the job does not interfere with the employer's efficient operations. Employees must request release from the appropriate staff manager or designee, and such release time shall not be unreasonably denied.

2. Employees may request the department head's approval for leave without pay for up to one (1) year for purposes related to employee organization matters. Such leave without pay will not unreasonably be withheld.

In the July pay period of each year, the prescribed vacation and annual leave rates will be reduced for each CSLEA member by no more than two (2) hours. No later than June 15^th, CSLEA shall notify CalHR of the number of hours to be deducted or the deduction will remain the same as the preceding year. This reduction of vacation/annual leave accrual is for only one (1) pay period a year.

No later than August 15^th of each year, the State shall credit CSLEA's Union Release Time Bank the specified number of hours for each CSLEA member whose vacation/annual leave was reduced.

SCO will provide CalHR and CSLEA the number of hours credited to the Union's Release Time Bank. All hours shall be treated as equal for purposes of this section.

The State shall credit CSLEA's Union Release Time Bank with four thousand hours (4000) annually in October.

Employees may also donate additional leave to this time bank. Vacation, annual leave, holiday credits, CTO, personal leave (PLP), and excess time can be donated.

There will be no maximum accrual limit.

Approval:

CSLEA will identify authorized CSLEA employees who can request the use of the time bank. Only employees designated by CSLEA, may utilize the Release Time Bank for either representational or other legitimate union business.

Requests for time off should be made as soon as possible and, if practicable, no later than a calendar week before the time is needed. As requested by CSLEA the hours will be deducted from the time bank. If CSLEA decides to not use the requested time, CSLEA must, in writing, cancel some or all the leave. Any cancellations must be forty-eight (48) hours in advance. If the cancellation is received without a forty-eight (48) hour notice, CSLEA's previously approved time may still be deducted.

At all times, time off pursuant to this section is subject to the operational needs of the department. However, when leave is requested under this provision by a CSLEA Board member for the purpose of attendance at a quarterly CSLEA Board of Directors' Meeting or CSLEA Annual Conference/Meeting, the request may only be denied if there would be harm to public service. Filling behind a position on overtime cannot be used as the sole reason for denial of leave under this provision. If filling behind a position with overtime, the Department must immediately notify CalHR and CSLEA. If the position must be filled behind on overtime, then the equivalent of time and one-half (1 ½) must be deducted from the time bank for all leave hours. For example, twelve (12) hours deducted for an eight (8) hour day, fifteen (15) hours deducted for a ten (10) hour day, six (6) hours deducted for a four (4) hour day, nine (9) hours deducted for a six (6) hour day.

Employees authorized to use time under this section shall utilize a specific code on the Department's attendance report/timesheet.

The time bank must be reconciled on a quarterly basis (at a minimum). As designated by CSLEA, the CSLEA President and one (1) other Unit 7 employee shall be granted full release time under this provision.

CSLEA shall have the choice of requesting an unpaid leave of absence or a paid leave of absence (union leave) for a CSLEA bargaining unit member or steward. An unpaid leave of absence may be granted by the State pursuant to the unpaid leave of absence provisions in this Contract. A union leave may also be granted during the term of this agreement at the discretion of the affected department head or designee in accordance with the following:

1. A union leave shall assure an employee the right to their former position upon termination of the leave. The term "former position" is defined in Government Code Section 18522.

2. CSLEA agrees to reimburse the affected department(s) for the full amount of the affected employee's salary, plus an additional amount equal to thirty-five percent (35%) of the affected employee's salary, for all the time the employee is off on a union leave. Effective October 1, 2023, CSLEA agrees to reimburse the affected department(s) for the actual expenses related to the affected employee's salary and benefits, for all the time the employee is off on a union leave.

3. The affected employee shall have the right to return from union leave earlier than the agreed upon date.

4. Except in emergencies or layoff situations, a union leave shall not be terminated by the department head or designee prior to the expiration date.

5. Employees on a union leave shall suffer no loss of compensation or benefits.

6. Whether or not time for a union leave is counted for merit purposes shall be determined by the State Personnel Board and such determination shall not be grievable or arbitrable.

7. Employees on union leave under this provision and CSLEA shall waive any and all claims against the State for Workers' Compensation and Industrial Disability Leave, except for those times when the employee returns to work for training, court or a special assignment.

8. In the event an employee on a union leave, as discussed above, files a workers' compensation claim against the State of California or any agency thereof, for an injury or injuries sustained while on union leave, CSLEA agrees to indemnify and hold harmless the State of California or agencies thereof, from both workers' compensation liability and any costs of legal defense incurred as a result of the filing of the claim.

1. The State agrees to deduct and transmit to CSLEA all membership dues authorized on a form provided by the Union. The State and CSLEA agree that a system of authorized dues deductions shall be operated in accordance with Government Code Sections 3513(h), 3513(j), 3515, 3515.6, 3515.7, and 3515.8 subject to the following provisions:

1. A written authorization for CSLEA dues deductions in effect on the effective date of this Contract or thereafter submitted shall continue in full force and effect during the life of this Contract; provided, however, that any employee may withdraw from CSLEA by sending a signed withdrawal letter to CSLEA within thirty (30) calendar days prior to the expiration of this Contract.

2. The amount of membership dues and other lawful deductions shall be set by CSLEA and changed by the State upon written notice from CSLEA. CSLEA agrees to notice all affected employees any time there is a change in membership dues or other deductions.

3. CSLEA 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 CSLEA deductions. CSLEA further agrees that the State employer shall not be liable in any action brought by a State employee alleging improper dues deduction and CSLEA agrees to hold the State employer harmless for any such action. Under no circumstances is membership in CSLEA a condition of State employment for employees covered by this Contract.

4. CSLEA agrees to fulfill the administrative requirements of the State Controller's Office in conjunction with this provision, and to pay administrative costs incurred by the State Controller, consistent with the provisions of Government Code 1153, section D, provided however, that any increase in such costs shall be applied to CSLEA on a basis consistent with their applications to other recognized bargaining agents.

5. No provisions of this Article nor any disputes arising thereunder shall be subject to the grievance and arbitration procedure contained in this Contract.

Disclosure of employee contact information to the exclusive representative is specified in the Government Code as summarized below. No provision of this section shall be deemed arbitrable under the grievance and arbitration procedure, except a department's failure to provide information to the exclusive representative as required by this section shall be grievable to CalHR's level.

1. Disclosure of Employee Contact Information - Generally

   CSLEA and the State recognize the Public Employee Communication Chapter (PECC) (Gov. Code § 3555 et. seq.).  Consistent with the PECC:

1. Within 30 days of hire or by the first pay period of the month following hire and every 120 days thereafter, departments shall provide CSLEA with the name, job title, department, work location, work, home telephone number, personal cellular telephone numbers, personal email address on file with the department, and home address for all non-law enforcement related employees.

   For law enforcement related employees, departments shall provide CSLEA with the name, job title, department, work location, work telephone number on file with the department within 30 days of hire or by the first pay period of the month following hire and every 120 days thereafter.  Departments shall not provide CSLEA with the home telephone number, personal cellular telephone number, personal email address or home address of law enforcement related employees.

2. Departments shall not provide the home address, personal cellular telephone number, home telephone number and personal email address(es) for employees protected as a victim of domestic violence, sexual assault, or stalking as set forth in Government Code Section 6205, et. seq.

3. The information under this section shall not be deemed to be public records and shall not be open to public inspection except as set forth in Government Code Section 6254.3.

2. Employee Request to Withhold Personal Contact Information

   Notwithstanding any other provision of this agreement, any employee may have their personal contact information (home telephone and personal cellular telephone numbers, personal email address and home address) withheld from the union at any time by submitting a written request to their appointing power on a form provided by the State.

3. Employee Personal Contact Information Confidentiality

   Employee home address, home telephone number, personal cellular telephone number, and personal email address shall be maintained as confidential by the CSLEA and shall only be used by CSLEA for representational purposes. CSLEA shall take all reasonable steps to ensure the security of employee personal contact information (home address, home telephone number, personal cellular telephone number, and personal email address) and shall not disclose or otherwise make employee personal contact information available to any person, entity, or organization.

4. Non- Arbitrability

   CSLEA and the State agree that the provisions of the PECC come within the jurisdiction of the Public Employment Relations Board (PERB) and unless otherwise specified in this section, any alleged violations of Section 3.2 (A) shall not be subject to the grievance and arbitration procedure set forth in Article 6 of this MOU.

5. Hold Harmless and Indemnification

   Notwithstanding any other provision of this agreement, CSLEA agrees to jointly defend this section and to hold the State of California, its subdivisions, and agents harmless and to indemnify them for costs and fees they incur in defending challenges of any nature and against any suit, including but not limited to actions brought by a state employee for improper use of disclosure of employee contact information.

1. Except for those rights which are expressly abridged or limited by this Agreement, all rights are reserved to the State.

2. Consistent with this Contract, the rights of the State shall include, but not be limited to, the right to determine the mission of its constituent departments, commissions and boards; to maintain efficiency of State operation; to set standards of service; to determine, consistent with Article VII of the Constitution, the Civil Service Act and rules pertaining thereto; the procedures and standards of selection for employment and promotion; to layoff, assign, schedule and train employees; to determine the methods, means and personnel by which State operations are to be conducted; to take all necessary action to carry out its mission in emergencies; to exercise control and discretion over the merits, necessity, or organization of any service or activity provided by law or executive order.

3. This Article is not intended to, nor may it be construed to, contravene the spirit or intent of the merit principle in State employment, nor limit the rights of State Civil Service employees provided by Article VII of the State Constitution or by laws and rules enacted thereto. Any matters which concern the application of the merit principle to State employees are exclusively within the purview of those processes provided by Article VII of the State Constitution or by laws and rules enacted thereto.

1. During the term of this Contract, neither CSLEA or its agents or any Bargaining Unit 7 employee, for any reason, will authorize, institute, aid, condone or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the State.

2. CSLEA agrees to notify all of its officers, stewards, and staff of their obligation and responsibility for maintaining compliance with this section, including the responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this section to return to work.

3. The State may discharge, suspend, demote, or otherwise discipline any employee who violates this section. Nothing contained herein shall preclude the State from obtaining judicial restraint and damages in the event of a violation of this section.

1. General
   
   

   19839

   Provides lump sum payment for unused vacation accrued or compensating time off upon separation.

2. Step Increases
   
   

   19829	Requires CalHR to establish minimum and maximum salaries with intermediate steps.
   19832	Establishes annual merit salary adjustments (MSA) 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 (2) years when MSAs are denied due to lack of funds.
   19836	Provides for hiring at above the minimum salary limit in specified instances.

3. Holidays
   
   

   19853	Establishes legal holidays.
   19854	Provides for personal holiday.

4. Vacation
   
   

   19143	Requires CalHR to establish rules regarding vacation credit when employees have a break in service over six (6) months.
   19856	Requires CalHR to establish rules regulating vacation accrual for part-time employees and those transferring from one (1) State agency to another.
   19856.1	Requires CalHR to define the effect of absences of ten (10) days or less on vacation accrual.
   19858.1	Defines amount earned and methods of accrual by full-time employees.
   19863	Allows vacation use while on temporary disability (due to work-incurred injury) to augment paycheck.
   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
   
   

   19143	Requires CalHR to establish rules regarding sick leave credit when employees have a break in service over six (6) months.
   19859	Defines amount earned and methods of accrual for full-time and part-time employees.
   19861	Allows CalHR to define the effect of sick leave credits of absences of ten (10) days or less in any calendar month.
   19862	Permits sick leave to be accumulated.
   19862.1	Allows employees who enter civil services from an exempt position within six (6) months to carry unused sick leave credit.
   19863	Allows sick leave use while on temporary disability (due to work-incurred injury) to augment paycheck.
   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	Thirty (30) days education leave for the medical staff and medical technicians of the Veterans' Home.

7. Uniforms, Work Clothes and Safety Equipment
   
   

   19850.1	Provides for uniform allowance.
   19850.3	Requires CalHR to establish procedures to determine need for uniforms and the amount and frequency of uniform allowances.
   19850.4	Provides for guidelines for furnishing, maintenance, ownership and replacement of work clothes for State employees.

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 (3) day waiting period, unless hospitalized or disabled more than fourteen (14) days.
   19876	Provides for 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; employees do 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. Health Insurance
    
    

    22870	Provides for employee and employer contribution.
    22871	Sets employer contribution.
    22871.3	Sets employer contribution.

11. Workweek
    
    

    19843	Directs the CalHR to establish and adjust workweek groups.
    19851	Sets forty (40) hour workweek and eight (8) hour day.

12. Overtime
    
    

    19844	Directs CalHR to establish rules regarding cash compensation and compensating time off.
    19845	Authorizes the department to provide overtime payments as prescribed by the Fair Labor Standards Act to State employees, notwithstanding any other provision in the Government Code.
    19848	Permits the granting of compensating time off in lieu of cash compensation within twelve (12) calendar months after overtime worked.
    19849	Requires CalHR to adopt rules governing overtime and the appointing power to administer and enforce them.
    19849.4	Provides for expenses as limited by the department for overtime work and travel when the employee is working at headquarters.
    19863	Allows use of accumulated compensable overtime while on temporary disability (due to work-incurred injury) to augment paycheck.

13. Callback Time
    
    

    19849.1

    Allows CalHR to set rules and standards for callback time based on prevailing practices and the needs of State service.

14. Deferred Compensation
    
    

    19993

    Allows employees to deduct a portion of the their salary to participate in a deferred compensation plan.

15. Relocation Expenses
    
    

    19841

    Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.

16. Travel Expenses
    
    

    19820	Provides reimbursement of travel expenses for officers and employees of the State on State business.
    19822	Provides reimbursement to the State for housing, maintenance and other services provided to employees.

17. Leaves of Absence
    
    

    19991.1	Allows the appointing power to grant a one (1) year leave of absence; assures the employee a right of return.
    19991.2	Allows the appointing power to grant a two (2) year leave for service in a technical cooperation program.
    19991.3	Jury Duty.
    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 (1) year of pregnancy leave or less as required by a permanent female employee.

18. Performance Reports
    
    

    19992	Provides for establishment of performance standards by State agencies.
    19992.1	Provides for a system of performance reports and allows CallHR 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 competition and compensation or dismissal for unsatisfactory service.

19. Involuntary Transfers
    
    

    19841	Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
    19994.1	Authorizes involuntary transfers. Requires sixty (60) days prior written notice when transfer requires change in residence.
    19994.2	Allows seniority to be considered when two (2) or more employees are in a class affected by involuntary transfers which require a change in residence.
    19994.4	Provides for the filing and time for making protests with the appointing power.

20. Demotion and Layoff
    
    

    19143	Requires CalHR to establish rules concerning seniority credits for employees with breaks in service over six (6) months.
    19837	Authorizes payment above maximum rate of class.
    19997.2	Provides for subdivisional layoffs in a State agency subject to CalHR approval. Subdivisional reemployment 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 reemployment lists for laid-off or demoted employees.
    19997.12	Guarantees same step of salary range upon recertification after layoff or demotion.
    19997.13	Requires thirty (30) days written notice prior to layoff and not more than sixty (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.

21. Incompatible Activities
    
    

    19990

    Requires each appointing power to determine activities which are incompatible, in conflict with, or inimical to their employees' duties; provides for identification of and prohibits such activities.

22. 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 at CalHR or SPB on certain matters.

23. Training
    
    

    19995.1	Provides for the prescription of conditions for training of State employees.
    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 the Department of Rehabilitation to retrain and refer disabled State employees to positions in State service.

    
    
24. Overpayment to Employee
    
    

    19838

    Provides that reimbursement shall be made to the state through one of the methods mutually agrees to by the employee and the state.

Each party shall be responsible for publishing the Contract to meet its own needs.

Should any provision of this Contract be found unlawful by a court of competent jurisdiction or invalidated by subsequently enacted legislation, the remainder of the Contract shall continue in force. Upon occurrence of such an event, the parties shall meet and confer as soon as practical to renegotiate the invalidated provision(s).

1. The State employer and CSLEA agree that neither party will discriminate against any Unit 7 employee on the basis of age, sex, race, religious creed, color, national origin, ancestry, marital status, physical handicap, sexual orientation, or political affiliation, and agree to take such action as necessary to assure that this purpose is achieved.

2. Alleged violations of this section shall not be grievable under the grievance procedure contained in Article 6 of this Contract. Complaints alleging discrimination shall be appealed through the State Personnel Board's Discrimination Complaint Procedure.

For the purposes of this contract, in recognition of the statutory constraints governing the Department of Consumer Affairs, the word "department" shall mean each Board, Commission, Committee or other similarly constituted body exercising powers within the Department of Consumer Affairs.

1. This grievance procedure shall be used to process and resolve grievances arising under this Contract and employment-related complaints.

2. The purposes of this procedure are:

1. To resolve grievances informally at the lowest possible level.

2. To provide an orderly procedure for reviewing and resolving grievances promptly.

1. A grievance is a dispute of one (1) or more employees, or a dispute between the State and CSLEA involving the interpretation, application, or enforcement of the express terms of this Contract.

2. A complaint is a dispute of one (1) or more employees involved in the application or interpretation of a rule or policy not covered by this Contract and not under the jurisdiction of the SPB. Complaints shall only be processed as far as the department head or designee.

3. As used in this procedure, the term "immediate supervisor" means the individual identified by the department head.

4. As used in this procedure, the term "party" means CSLEA, an employee, or the State.

5. A "CSLEA Representative" refers to an employee designated as a CSLEA site representative or a paid staff representative.

Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure. However, with the mutual consent of the parties, the time limitation for any step may be extended.

The parties may mutually agree to waive any step of the grievance procedure.

Upon mutual agreement of the parties, a grievance conference may be held at any step of the grievance procedure. If a grievance conference is scheduled, the grievant and/or the CSLEA representative may attend without loss of compensation.

1. Employees have the right to represent themselves at each step of the grievance procedure. Employees shall not have the right to move grievances to arbitration without the approval of CSLEA.

2. CSLEA shall be provided copies of all third (3^rd) level grievance responses. Such responses shall be mailed to CSLEA headquarters.

An employee grievance initially shall be discussed with the employee's immediate supervisor. Within seven (7) calendar days, the immediate supervisor shall give their decision or response.

1. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:

1. Fourteen (14) calendar days after the event or circumstances occasioning the grievance; or after the employee should reasonably have been aware of the event or circumstances occasioning the grievance; or

2. Within seven (7) calendar days after receipt of the decision rendered in the informal grievance procedure.

2. However, if the informal grievance procedure is not initiated within the period specified in Item (1) above, the period in which to bring the grievance shall not be extended by Item (2) above.

3. A formal grievance shall be initiated in writing on a form provided by the State and shall be filed with a designated supervisor or manager identified by each department head as the first (1^st) level of appeal.

4. Within fourteen (14) calendar days after receipt of the formal grievance, the person designated by the department head as the first (1^st) level of appeal shall respond in writing to the grievance.

5. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.

1. If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the second (2^nd) level of appeal. If the department head or designee is the first (1^st) level of appeal, the grievant may bypass Step 2.

2. Within twenty-one (21) calendar days after receipt of the appealed grievance, the person designated by the department head as the second (2^nd) level of appeal shall respond in writing to the grievance.

3. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.

1. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the third (3^rd) level of appeal. If the department head or designee is the second (2^nd) level of appeal, the grievant may bypass Step 3.

2. Within twenty-one (21) calendar days after receipt of the appealed grievance, the person designated by the department head as the third (3^rd) level of appeal shall respond in writing to the grievance.

1. If the grievant is not satisfied with the decision rendered at Step 3, the grievant may appeal the decision within thirty (30) calendar days after receipt to the Director of the CalHR or designee. The grievance appeal shall be submitted to CalHR electronically to Grievances@calhr.ca.gov.

2. Within thirty (30) calendar days after receipt of the appealed grievance, the Director of the CalHR or designee shall respond in writing to the grievance.

Failure of the grievant or CSLEA to comply with the time limits of this Article (except 6.13) shall render the grievance null and void. If the State fails to respond to a grievance within the time limits specified of that step, the grievant shall have the right to appeal to the next step.

1. If the grievance is not resolved at Step 4, and CSLEA intends to advance the grievance to arbitration, then CSLEA must submit a written request stating its desire to proceed to arbitration to the assigned CalHR Labor Relations Officer, within thirty (30) calendar days after the date of the fourth (4^th) level response.

2. Within one hundred twenty (120) calendar days from the date CSLEA submits a timely written request to arbitrate, as specified in section (A) above, CSLEA shall notify the assigned CalHR Labor Relations Officer and CalHR Legal in writing that it has received the authorization and approval from its Legal Representation Committee to proceed to arbitration. This notification shall be identified for purposes of this procedure as CSLEA's "second demand" for arbitration. Upon receipt of CSLEA's "second demand' for arbitration letter, CalHR shall have thirty (30) calendar days for case review.

3. After the time period in B above, the parties shall have ten (10) calendar days in which to mutually agree upon the selection of the arbitrator.

4. If the parties fail to agree upon the selection of an arbitrator, CSLEA may initiate a request within thirty (30) calendar days from C above, to the State Conciliation and Mediation Service or Federal Mediation and Conciliation Service for a list of nine (9) arbitrators with experience in labor law. With the exception of Labor Law experience, and absent agreement between the parties, the list request shall not contain any criteria that filters or narrows the pool of arbitrators from which the list is compiled. A copy of the request must be copied "cc'd" to the CalHR Legal representative. Failure to provide the CalHR with a copy of the request shall invalidate the request.

5. Upon receipt of the list, the parties shall alternately strike names until one (1) name remains and this person shall be the arbitrator. The party to strike first shall be determined by a "coin-flip" with the party winning the coin-flip having the discretion to strike first or second.

6. The parties shall commence striking arbitrators within ten (10) work days of receiving the list.

7. The arbitration hearing shall be conducted in accordance with the Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the parties, including but not limited to any cost for obtaining lists of arbitrators, unless agreed upon otherwise.

8. Unless this time is extended by mutual agreement of the parties, CSLEA shall request hearing dates from the arbitrator that fall within sixty (60) work days of the selection of the arbitrator, subject to availability.

9. The grievance and related demands for Arbitration shall be deemed withdrawn and the matter dismissed if CSLEA fails to comply with the time limits of 6.13 (A) & (B).

10. The arbitrator shall not have the power to add to, subtract from or modify this Contract. Only grievances as defined in Section 6.2 (A) of this Article (unless a specific section identifies non-arbitrability) shall be subject to arbitration. The award of the arbitrator shall be final and binding upon the parties.

1. It is the policy of the State employer to provide reasonable safeguards for the protection of the health and safety of all employees.

2. To this end, the parties agree that it is in their mutual best interest to endeavor to make the worksite as free from danger to the life, safety or health of employees as the nature of the work permits.

3. It is understood that references to safety and health conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee's responsibilities and duties.

4. Nothing in this procedure shall be interpreted as an authorization to fail to follow orders or instructions. Departmental orders and State policy require that orders be obeyed promptly even where inherent risk is involved or where the employee does not personally agree with the order.

5. It is the intent of this Health and Safety Grievance Procedure to ensure a prompt response to employees who feel that a situation exists which constitutes a danger to their safety and health.

6. When the Union feels that there exists a clear and present danger of an imminent and severe threat to the health and safety of the employees, the union may invoke the Immediate Dispute Resolution-Health and Safety provision in Section 6.15 of this contract.

7. When an employee in good faith believes that an otherwise unsafe condition exists, the employee will so notify their supervisor. The supervisor will immediately assess the situation, direct any necessary corrective action, and either direct the employee to temporarily perform some other task or direct the employee to proceed with the assigned duties. If the Union or the employee still believe the unsafe conditions exist, the Union or the employee may file a grievance alleging a violation of this section at Step 2 of the grievance procedure as follows:

1. Health and Safety Grievance - Step 2

1. If the grievant is not satisfied with the decision rendered by the supervisor pursuant to Section 6.7 of this article, the grievant may appeal the decision within fourteen (14) calendar days after receipt of the decision to a designated supervisor or manager identified by each department as the second (2^nd) level of appeal.

2. Within five (5) calendar days after receipt of the appealed grievance, the person designated by the department head as the second (2^nd) level of appeal shall respond in writing to the grievance.

2. Health and Safety Grievance - Step 3

1. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within fourteen (14) calendar days of receipt to a designated supervisor or manager identified by each department head as the third (3^rd) level of appeal. If the department head or designee is the second (2^nd) level of appeal, the grievant may bypass Step 3.

2. Within fourteen (14) calendar days after receipt of the appealed grievance, the person designated by the department head as the third (3^rd) level of appeal shall respond in writing to the grievance.

3. If the grievance is not resolved at Step 3 within thirty (30) calendar days after receipt of the third (3^rd) step response, the Union shall have the right to appeal to the CalHR. The grievance appeal shall be submitted to CalHR electronically to Grievances@calhr.ca.gov.

8. If the grievance cannot be resolved at Step 4, within thirty (30) calendar days after receipt of the fourth (4^th) step response the Union may submit the grievance to arbitration pursuant to Step 5 of the grievance section of this contract. The selection of the arbitrator shall be in accordance with the grievance and arbitration section of this contract.

1. When the union believes that there exists a clear and present danger of an imminent and severe threat to the health and safety of Unit 7 employees and the elimination of that danger cannot be accomplished at the local level, CSLEA may invoke the provisions of this section as follows:

1. Within forty-eight (48) hours (Monday through Friday) of becoming aware of the alleged threat CSLEA may contact the department's Labor Relations Officer with specific information regarding the alleged threat to the health and/or safety of the employees. Contact at DSH and DDS shall be made at the facility level.

2. The Labor Relations Officer may resolve the dispute or may refer the matter down to a lower management level.

3. If the dispute is referred to a lower management level, CSLEA will commence informal discussions at the designated level within twenty-four (24) hours (Monday through Friday).

4. The Labor Relations Officer may also participate in any informal discussion at any time.

5. If a mutual resolution is not achieved within forty-eight (48) hours (Monday through Friday) from the time the dispute was referred to the lower management level CSLEA may request informal talks with level 3 of the grievance and arbitration procedure.

6. If a mutual resolution is not achieved within twenty-four (24) hours (Monday through Friday) of the dispute being presented at level 3, CSLEA may present the dispute to the CalHR.

7. If a mutual resolution is not achieved within twenty-four (24) hours (Monday through Friday) of the dispute being presented at that level, CSLEA may request the dispute be submitted to immediate arbitration.

8. The State shall request the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to the parties a panel of five (5) names. The first arbitrator, who can be available for arbitration within ten (10) calendar days of the date the list is provided, or on a date mutually agreed to by the parties, shall be selected. CSLEA shall make the first selection, and the parties shall thereafter alternately make selections until an arbitrator is available or the panel is exhausted, a second panel shall be requested.

9. The arbitrator shall have no authority to add to, delete or otherwise alter any provision of the contract, but shall limit the decision to the facts and circumstances as provided at arbitration.

10. The arbitrator shall make a decision solely on any written record previously submitted by the parties, with each party also providing a copy to the other party, on any oral presentation, and on any documentation submitted at arbitration. Only the arbitrator may ask questions of the other party. Statements of witnesses may be submitted in the form of an affidavit.

11. The Arbitrator shall make a bench decision which is binding on the parties.

12. The costs of the arbitration shall be borne equally by the parties.

2. It is understood that references to health and safety conditions of work are not intended to include those hazards and risks which are an ordinary characteristic of the work or are reasonably associated with the performance of an employee's responsibilities and duties.

3. Time limits may be extended at any step by mutual agreement of the parties.

4. The parties agree that the intent of this procedure is to provide an avenue for urgent communications between the parties at the appropriate level in order to timely clear up misunderstandings that may seriously affect employees.

Notwithstanding any other provision in this contract, performance appraisals and performance standards may be grievable up to the third (3^rd) level of the grievance process.

1. Insofar as this policy does not adversely affect or interfere with the efficient performance, cost or levels of service based on employee skills, abilities, training needs and corrective actions, it shall be the policy of the State to allow Unit 7 employees to bid on shift and days off based on seniority within their classification at the respective work location, unless otherwise specified in this contract.
   
   A shift shall be defined as "actual regularly scheduled hours of work". The employer shall endeavor to have all shift and days off bidding completed so that the work schedule can be posted two (2) weeks prior to the start of the upcoming work schedule, but in no case less than ten (10) days prior.
   
   This policy only applies to locations where employees have fixed shifts and/or fixed days off.
   
   During a shift bid, if an employee misses their time/slot to bid for shift and days off, they shall forfeit their place in seniority. However, an employee who misses their time/slot shall be inserted into the shift bid process at the point in time they contact the designee to make their bid.
2. Seniority
1. California Highway Patrol Public Safety Operator and Public Safety Dispatcher.
   
   Seniority for shift assignments and days off in all areas shall be based on departmental seniority within classification. CHP shall maintain current practice and meet and confer over the impact of any change in practices.
   
   

   a.	Those areas wishing to utilize a shift rotation and/or regular day off rotation program can do so by a two-thirds (2/3) vote of those who have a biddable interest. To determine the two-thirds (2/3) of eligible employees required to vote in favor of the change, the CC’s number of eligible employees shall be multiplied by .66 and rounded to the nearest whole number. For example, a CC with eighteen (18) eligible employees multiplied by .66 would equal 11.88. Therefore, twelve (12) out of eighteen (18) eligible employees are required to vote in favor of the change.
   b.	Those areas on a rotation shift requesting to change back to a seniority signup can do so by a majority vote (50+1) of those who have a biddable interest.
   c.	The vote will be conducted by CSLEA and only Public Safety Operators/Dispatchers who are eligible to bid for shifts/regular days off at the time the vote is held shall be permitted to participate.
   d.	The above process can be deviated from upon mutual agreement of both the State and CSLEA.

   
   Departmental seniority within classification is defined as: Total departmental service in the classification. Service in a Public Service Employment (CETA) position performing the duties of a Public Safety Dispatcher (Service Desk Operator) prior to July 1, 1982, provided such service was immediately followed by a civil service appointment to Public Safety Dispatcher shall be considered time in classification.
   
   Ties in departmental seniority within classifications shall be broken by:
1. Seniority within Unit 7;
2. Longest continuous departmental service regardless of classification;
3. State Service Seniority;
4. The highest social security number (last four digits) signifies highest seniority.
2. Department of Parks and Recreation
1. State Park Peace Officer
1. Seniority for bidding on shifts and days off in the Department of Parks and Recreation shall be by class seniority in the scheduling location in accordance with current practices.
2. Seniority in the scheduling location shall be based on continuous assignment at the scheduling location, provided that temporary or other assignment out of the scheduling location for less than a six (6) month period shall not be considered a break in continuous service, however, nor shall such work out of scheduling location assignments be used in computing scheduling location seniority. Absence or transfer from a scheduling location for more than a six (6) month period shall result in a loss of scheduling location seniority.
3. Ties in seniority will be broken in order by:
1. State Service Seniority
2. a single coin toss
4. Employees shall not be subject to the post and bid scheduling system during their probationary period.
2. Communication Operators
1. Seniority for bidding on shifts and days off shall be by class seniority in the work location.
2. Ties in seniority will be broken in order by:
1. Departmental seniority in any classification;
2. State Service Seniority
3. The highest social security number (last four digits).
3. Department of Forestry and Fire Protection (CAL FIRE) Communications Operator
   
   Seniority for scheduling shifts shall be by seniority defined as total departmental service in the classification.
   
   Ties in Seniority will be broken in the order by:
1. Departmental seniority in any classification;
2. State Service Seniority;
3. The highest social security number (last four digits).
4. Unit 7 Firefighter and Firefighter/Security Officer Classifications Ties on department seniority within classification at work location shall be broken by:
1. Longest continuous department service regardless of classification;
2. Seniority within a Bargaining Unit 7 classification;
3. State Service Seniority;
4. The highest social security number (last four digits) signifies highest seniority.
5. Department of Justice (DOJ) Security Officers
   
   DOJ Security Officers shall be allowed to bid annually for shift and regular days off based on seniority within their classification.
6. Department of State Hospitals
   
   Hospital Police Officers shall be allowed to bid annually for shift and regular days off based on departmental seniority within their classification. Departmental seniority within their classification is defined as: Total departmental service in the classification, regardless of work location. Officers who transfer to other State Hospitals, voluntarily or involuntarily, shall maintain their seniority when bidding for shift and regular days off during their normal post and bid process.
   
   Ties in seniority will be broken in order by:
1. Date of Hire
2. State service seniority
3. Highest social security number (last 4 digits)
3. Shift Changes
1. The employer shall endeavor to provide fourteen (14) calendar days advance notice when an employee's shift is permanently changed. In no case shall there be less than ten (10) calendar days notice. Permanent means a change lasting thirty (30) calendar days or more. For changes lasting less than thirty (30) calendar days, the State shall provide at least twenty-four (24) hours advance notice.
   
   Advanced notice shall be direct written communication to the impacted employee(s).
2. These notice requirements shall not be applicable in those work settings where employees routinely change shifts.
3. In case of an emergency or other unanticipated operational need, notice requirements shall not apply to a non-permanent change.
4. Employees may be required to adjust their work hours in order to avoid unnecessarily incurring overtime. However, an employee’s shift shall not routinely be adjusted merely to avoid the payment of overtime compensation. Any disputes regarding this paragraph shall be grievable up to the CalHR level.
4. Split days off
   
   Absent an operational need, an employee’s regularly assigned days off shall not be split without the agreement of the employee. Parties agree that operational need does not include splitting the days for training purposes.

1. Unless otherwise specified herein, the regular workweek of full-time Unit 7 employees shall be forty (40) hours and the regular work shift shall be eight (8) hours. The State may establish, pursuant to an operational need or a request from CSLEA, alternate work schedules (AWS) for Unit 7 employees.

   Once established, this schedule, absent an emergency, shall not be changed without thirty (30) calendar days' notice. CSLEA, if requested, shall be given the opportunity to meet and confer over the impact of the proposed change.

   CSLEA recognizes that AWS or flexible working hours is unique to the demographics and operational demands of a particular work location. Management reserves the right to schedule conducive to the particular needs of the work location.

2. The State may establish, pursuant to an operational need or a request by either a CSLEA representative or an employee, flexible work hours. Unit 7 employees who are placed on flexible work hours will comply with reasonable procedures established by their department.

   Once established, this schedule, absent an emergency, shall not be changed without thirty (30) calendar days' notice. CSLEA, if requested, shall be given the opportunity to meet and confer over the impact of the proposed change.

3. Employees currently working an alternate work schedule shall not have their schedules arbitrarily or capriciously revoked or amended. For the purposes of this section, a legitimate operational need is not considered arbitrary or capricious.

   Employees may be required to adjust their work hours in order to avoid unnecessarily incurring overtime. However, an employee's shift shall not routinely be adjusted merely to avoid the payment of overtime compensation. Any disputes regarding this paragraph shall be grievable up to the CalHR level.

4. This provision covers "alternate work schedules" and "flexible work hours" defined as follows: An "alternate work schedule" is a fixed work schedule other than standard work hours as defined in (A) above (such as but not limited to the 4-10-40 and or 9-8-80). "Flexible work hours" is a work schedule which allows for the change of work schedules on a daily basis but with fixed core hours.

5. When the State assigns employees for thirty (30) calendar days or more to an alternate work schedule/flexible work hours, and when such schedule is involuntarily assigned the State shall provide CSLEA thirty (30) days' notice. CSLEA, if requested, shall be given the opportunity to meet and confer over the impact of the change.

6. Unit 7 employees who are working an AWS shall be required to maintain a specified leave balance based upon departmental policies. During a month where deficit hours occur (due to the AWS or flexible work hours schedule), and the Unit 7 employee has no excess time to draw from in order to complete the required hours for the pay period, vacation, compensating time off, holiday credits, other available leave credits (except sick leave) or dock may be used. Excess time shall not be used in lieu of vacation credits.

7. For CHP: Notwithstanding above, CSLEA may request to change to or from an alternate work schedule at a Communications Center (CC). CSLEA's request may be submitted to the Commander of the CC only after a minimum of two-thirds (2/3) of the affected and eligible employees have voted in favor of the change.

1. To determine the two-thirds (2/3) of eligible employees required to vote in favor of the change, the CC's number of eligible employees shall be multiplied by .66 and rounded to the nearest whole number. For example, a CC with eighteen (18) eligible employees multiplied by .66 would equal 11.88. Therefore, twelve (12) out of eighteen (18) eligible employees are required to vote in favor of the change.

2. The vote will be conducted by CSLEA and only Public Safety Operators/Dispatchers who are eligible to bid for shifts/regular days off at the time the vote is held shall be permitted to participate.

3. The Commander of the CC will make the final determination regarding whether or not to implement the requested schedule. The determination to discontinue an alternate work schedule will be consistent with sections A, B, and C above.

4. In the event the requested schedule is authorized, it is understood that all Public Safety Operators/Dispatchers assigned to that CC shall participate.

8. Work Week Group E (WWG E) employees working a non-standard work schedule (e.g., 4/10/40, 9/8/80) will be charged the number of hours scheduled for the day when they are absent for a whole day.

1. Unit 7 employees shall be permitted to exchange hours of work or days off with other employees in the same classification, performing the same type of duties within the same work location and working the same workweek schedule, provided:

1. The employees provide their supervisor(s) with a written notice of the exchange at least twenty-four (24) hours prior to the exchange;

2. The supervisor(s) approve the exchange; approvals shall not unreasonably be withheld.

   An employee is entitled to exchange no more than two (2) days or shifts (or more with supervisory approval) within their regularly scheduled workweek; however, the employer may grant additional exchange days. The employees exchanging hours of work shall waive consideration for any additional compensation (e.g.: overtime, holiday credit/pay, shift differential) which they would not have otherwise received. An exchange between two (2) employees is counted as only one (1) exchange per employee.

2. Exchanges shall not be denied without a work-related reason. If an exchange is denied, the supervisor shall, upon request, provide the affected employee with written reason for the denial.

3. All swaps must be paid back within ninety (90) calendar days. However, it is not the employer's responsibility to ensure repayment of swaps.

4. Probationary Unit 7 employees normally shall not be allowed to exchange hours of work with other employees during their probationary period.

1. Rest Periods, Public Safety Operators/Dispatchers

1. The State may grant Public Safety Operators/Dispatchers on an eight (8) hour or twelve (12) hour workday a rest period of fifteen (15) minutes for each four (4) hours of a working period. Public Safety Dispatchers on a 4-10-40 alternate work schedule may be granted a twenty (20) minute rest period within each work period of four (4) or more straight hours of work. Rest periods shall not be granted during the first or last hour of a work period.

2. CHP Public Safety Operators/Dispatchers should take rest periods as described above and as circumstances permit. However, if operating needs cause the Public Safety Operators/Dispatchers to miss two (2) of the break periods in their entirety (at least thirty minutes), the employee shall be compensated for one-half (1/2) hour at the rate of one-and-one-half (1-1/2) times the hourly rate of pay.

The State employer and CSLEA agree that the following provisions relating to overtime shall apply to members of Bargaining Unit 7.

1. Notwithstanding the definition of work under the FLSA, overtime is defined as permitted, ordered or authorized time worked in excess of the regularly scheduled workweek or work period. In order to be compensable by cash or compensating time off (CTO), overtime must be authorized in advance by the appropriate department director or designee, except in an emergency or unavoidable circumstances adversely affecting the operational need. This authorization must be confirmed in writing not later than ten (10) days after the pay period ends. Each department shall maintain complete and accurate records of all compensable overtime worked by its employees. If an employee works unauthorized hours, departments may provide for adjusting the employee's work schedule to ensure that overtime is not accrued. Nothing in this section shall be construed as an authorization for employees to work hours without proper prior approval or to restrict department's authority to take administrative actions for violation of departmental policies.

2. Notwithstanding any other contract provision, departmental policy or practice, the travel time of employees who are covered by FLSA shall only be considered as time worked if it meets at the minimum the definitions and requirements of travel time in sections 785.34 through 785.41 of Title 29 of the Code of Federal Regulations.

3. Overtime calculations for cash or CTO will continue to be compensated pursuant to Government Code section 19844.1, unless specified otherwise in subsection (N) and Article 8.

4. No employee who is considered a salaried employee (under FLSA and DOL regulations) shall have their salary reduced (docked) for absences of less than an entire day.

5. Compensation for overtime by cash payment or CTO may be made at the option of the appropriate department director or designee. Both parties agree and understand that a different type of overtime payment (cash or CTO) may be provided to employees at different times and may even be different for employees in the same or similar situations.

1. DOJ Special Agent Trainees, Special Agents, or Special Agent Supervisors:

1. Agents shall have the option of being compensated by CTO for overtime hours worked until the Agent has eighty (80) hours of CTO. Once the employee has accumulated eighty (80) hours in the CTO bank, management shall have the option of compensating overtime either by cash or CTO.

6. Peace Officer/Firefighters Unit 7 employees may accumulate up to a maximum of four hundred eighty (480) hours of CTO. At times when the accumulation of CTO totals four hundred eighty (480) hours and the employee is ordered to work overtime, the overtime worked shall be compensated by cash.

   All other Unit 7 employees may accumulate up to a maximum of two hundred forty (240) hours of CTO. At times when the accumulation of CTO totals two hundred forty (240) hours and the employee is ordered to work overtime, the overtime worked shall be compensated by cash.

7. Compensable time may be liquidated by CTO or cash at the employer's option. An employee may initiate a request and must be permitted to use time off within a reasonable period of making the request, if it does not unduly disrupt the operations of the agency. Management has the option to reduce accrued CTO by cash or required time off. When CTO time off is ordered, the employee shall be provided reasonable advance notice [at least twenty-four (24) hours] and not be ordered to take such time off in less than shift increments.

8. Notwithstanding any of the above, and subject only to (I) and (J) below, an employee's CTO balance shall not be reduced by cash payment or ordered CTO, below forty (40) hours without the written agreement of the employee. There shall be no requirement on either the State or any Unit 7 employee that CTO be liquidated within one (1) year of the date it was earned.

1. DOJ Special Agents:

1. CTO accumulated in excess of eighty (80) hours may be liquidated or reduced at management's discretion by either cash or CTO. Management shall provide at least seventy-two (72) hours' notice when requiring an employee to take CTO.

2. Management may not reduce the employee's CTO balance below eighty (80) hours without the written agreement of the employee.

2. Parks & Recreation

1. DPR Unit 7 employees must reduce their CTO balances to a balance of eighty (80) hours or less prior to transferring to another park district.

9. When an employee leaves the employment of one (1) department and enters the employment of another department without a separation from service within the meaning of Government Code section 18005, the department the employee is leaving shall compensate or allow CTO for all compensable overtime to the employee's credit prior to transfer. The rate of compensation shall be an hourly equivalent based on the employee's monthly salary as of the date of transfer.

10. When an employee separates from State service, the department the employee is leaving shall compensate or allow compensating time off prior to separation. The rate of compensation shall be the hourly equivalent of the employee's monthly salary as of the date of separation.

11. Employees covered by the FLSA who are required to work in excess of forty (40) hours per week shall be compensated for overtime either by cash payment or CTO in the following manner:

1. Cash compensation shall be at one and one-half (1 ½) times the hourly rate.

2. Compensating time off shall be at one and one-half (1 ½) for each overtime hour worked.

3. Overtime of at least one-quarter (¼) hour at any one time shall be compensated. Overtime will be credited on a one-quarter (¼ ) hour basis with a full quarter of an hour credit granted if half (½) or more of the period is worked. Smaller fractional units will not be accumulated.

12. Notwithstanding section (A) above, when an employee is called back to work after completing a full shift, or when an employee continues to work past the regular shift hours, if the overtime continues for six (6) hours or more the employee may, subject to the approval of the employer, apply those hours towards the employee's next shift of work if the next shift falls within the twenty-four (24) hours immediately following the shift in which the overtime was earned, if the shift falls within the FLSA workweek. If an employee does not work sufficient hours to cover all the hours of the following shift, the employee shall be entitled to use time from the employee's appropriate leave credits to make up the difference.

13. No charge for time off shall be made against the employee for the one (1) hour not worked by employees when Standard Time changes to Daylight Savings Time. Time shall be credited for the additional hour worked by employees when Daylight Savings Time reverts to Standard Time.

14. Mandatory Overtime - DSH Hospital Police Officers, DDS Peace Officers, CHP Dispatch Operator and Dispatchers, Communications Operators (Various Departments) and DMV Licensing Registration Examiners.

    Notwithstanding any other provision of this contract, effective the pay period following ratification, before an employee in one of the above listed classifications is required to work mandatory overtime, management will make every effort to schedule overtime first for those employees who have not taken leave during the week. Employees who have taken leave during the workweek may be mandated overtime only as a last resort.

    In order to meet required staffing needs, if an employee is mandated to work overtime in the same work week in which they use approved leave, then that approved leave (except sick leave, annual leave used as sick leave, or any other leave used for sick leave purposes) will be considered hours worked for purposes of calculating overtime.

1. EMERGENCY ASSIGNMENT ONLY
   
   For classes and positions in the California Conservation Corps with a duty week which includes working at an emergency site, the following shall apply:
1. The appointing power shall determine when an individual has been assigned to an emergency assignment utilizing the following criteria:
1. A state of emergency is declared by the governor; limited to the area designated under the executive order; or
2. Emergency fire fighter response assignments when dispatched by the California Department of Forestry and Fire Protection (CAL FIRE) or U.S. Forest Service.
3. Emergency response assignments when dispatched by the Office of Emergency Services.
4. Emergency response assignments, designated as an emergency assignment, by the Director of the CCC, or designee.
2. Employees assigned to an emergency will be compensated in the following manner:
1. All hours physically worked at straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. Hours worked in excess of forty (40) shall be compensated in accordance with the provisions of section 7.6 of this contract.
2. The Conservationist I/II when assigned to an emergency may be released from duty. Employees who are relieved of their duties at the emergency will only be compensated for actual hours physically worked. Employees will not be compensated for hours while relieved from duty.
3. Employees who are relieved of their duties and are called back to the emergency operation shall be compensated for travel time and all hours physically worked.
4. Any Conservationist who is not released from duty and serves for the entire day shall be compensated at sixteen (16) hours per day at straight time until the employee has physically worked in excess of forty (40) hours in one (1) workweek.
5. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If Conservationists are required to return to regular duties during the eight (8) hours of uninterrupted sleep, they shall be compensated for actual time worked. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period, the employee shall be compensated for the entire twenty-four (24) hours of actual work time. For purposes of this section, Conservationists are not entitled to call back pay under section 7.17.
3. It is understood that the appointing power may assign staff to emergency situations not meeting the remote/non-remote criteria described below.
2. NON-EMERGENCY/NON-SPIKE ASSIGNMENT
   
   For classes and positions in the California Conservation Corps with a minimum workday of eight (8) hours, excluding emergency and spike assignments, ordered duty hours in excess of forty (40) physically worked hours shall be compensated in accordance with the provisions of section 7.6 of this contract.
3. TEMPORARY SPIKE ASSIGNMENT ONLY
   
   For classes and positions in the California Conservation Corps assigned to a temporary spike assignment the following shall apply:
1. Remote Spike Assignment - A spike which entails travel time of more than forty-five (45) minutes to/from lodging accommodations. Employees assigned to a remote spike assignment shall be compensated in the following manner:
1. Sixteen (16) hours of straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. All hours compensated after forty (40) hours shall be compensated in accordance with the provisions of section 7.6 of this contract.
2. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If Conservationists are required to return to regular duties during the eight (8) hours of uninterrupted sleep, they shall be compensated for actual time worked. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period due to a call to duty, the employee shall be compensated for twenty-four (24) hours of actual work time. For purposes of this section, Conservationists are not entitled to call back pay under Section 7.17. A supervisory signed incident report must be attached to the timesheet.
   
   The employer agrees that a Conservationist I/II who is assigned to a spike shall not be replaced or re-assigned without cause or emergency until their crew’s spike assignment is completed in order to avoid the payment of overtime under the Fair Labor Standards Act.
2. Non-Remote Spike Assignment - A spike assignment which entails travel time of less than forty-five (45) minutes to/from lodging accommodations. This section does not apply to Conservationist I/II training assignments. Employees assigned to a non-remote spike shall be compensated in the following manner:
1. Forty (40) hours at straight time and all travel time up to ninety (90) minutes per day at time and one-half (1-1/2) the employee’s hourly wage. All hours over forty (40) hours physically worked in a work week shall be compensated in accordance with the provisions of section 7.6 of this contract.
2. Employees who are assigned to a Monday-Friday non-remote spike and are not allowed to return home on Friday shall be compensated at the rate of nine (9) hours at time and one-half (1-1/2) the employee’s hourly wage for their regularly scheduled days off in accordance with the provisions of section 7.6 of this contract.
3. Employees assigned to a non-remote spike assignment who are relieved of their duties upon completion of the workday shall not be held responsible for spike operations in their absence.
4. Employees who are relieved of their duties while assigned to a non- remote spike and are called back to the spike operations shall be compensated for travel time and time actually worked.
5. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If Conservationists are required to return to regular duties during the eight (8) hours of uninterrupted sleep, they shall be compensated for actual time worked. If the employee is called back to the spike operation and receives less than five (5) hours of uninterrupted sleep for that twenty-four (24) hour period, then the employee shall be compensated for twenty-four (24) hours of actual work time. For purposes of this section, Conservationists are not entitled to call back pay under section 7.17. A supervisory signed incident report must be attached to the timesheet.
3. Employees shall be assigned to no more than twenty (20) workdays of spike in a sixty (60) calendar day period without the employee’s consent.
4. Employees shall be provided with a thirty (30) day advance written notice of a spike assignment. An employee may waive this notice requirement.
5. The employer agrees that all spikes are temporary assignments.
4. FLSA LUNCH PERIOD – CCC
   
   CCC Conservationists who remain responsible for the supervision of Corpsmembers during the lunch period shall be assigned to a thirty (30) to sixty (60) minute paid lunch period. The employer shall not shift this supervision of Corpsmembers to non-Unit 7 employees during the lunch period to avoid this paid lunch period provision.
5. WORK WEEK SCHEDULES
   
   The Employer may establish, pursuant to an operational need, a “flexible work week” schedule for classes and positions in the California Conservation Corps when assigned to a spike. "Flexible work week” is a work schedule which allows for changing of a regularly scheduled five (5) day week, eight (8) hours a day work schedule to a work schedule of more than eight (8) hours a day but at least forty (40) hours per week.
6. DEFINITIONS
   
   For the purposes of this agreement, the following definitions shall apply:
1. “Lodging accommodations” - a commercial establishment licensed to offer and accept payment for rooms.
2. “Uninterrupted sleep” - sleep that is not interrupted by a call to duty.
3. “Physically working” - all time during which an employee is required to be on duty or to be on the employer’s premises or at a prescribed workplace.
4. “Day” – a 24-hour period running from 12:00 am (midnight) to 11:59 pm.
7. COMPENSATION TYPE
   
   Compensating time off or cash compensation shall be authorized at the employer’s option in accordance with section 7.6 of this contract.
8. The parties agree that in unusual or emergency situations when a Conservationist is unable or unavailable to act as the supervisor of a grade crew, a crew leader or special Corpsmembers may be used as the supervisor only if a replacement Conservationist is unavailable.

1. The work schedule for full time Fire Fighters employed at the Sonoma Development Center, Napa State Hospital, and Atascadero State Hospital shall continue to be one hundred ninety-two (192) hours in a twenty-four (24) day work period. This work period includes ten (10) hours of guaranteed overtime paid in accordance with the provision of the Fair Labor Standards Act and section 7.6 Overtime Compensation of this contract.
   
   The annual compensation for this work is determined by the monthly salary range included in the attached Salary Schedule [multiplied by twelve (12)]. This compensation continues to pay for one hundred ninety-two (192) hours of straight time for each twenty-four (24) day Fire Fighter work cycle. Additional payment for overtime will be according to FLSA and this contract.
2. So long as it continues to meet operational needs, the Departments of State Hospitals and Developmental Services agree to use the scheduling pattern now in effect.
3. A full-time Fire Fighter shall:
1. Be credited with twelve (12) hours of holiday time for each holiday provided in section 8.1 of this contract and twelve (12) hours of holiday time for the personal holiday as set out in section 8.1. This holiday time will accrue in a holiday time bank as the holidays occur during the year. The holiday time may be used in one (1) hour increments and unused time may be carried over into the next year.
   
   When required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day or Christmas Day, a fire fighter shall receive twelve (12) hours holiday credit and one and one-half (1 ½) the hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash, or compensatory time off (CTO). The method of compensation shall be at the State's discretion.
   
   The department head or designee may require advance notice before holiday time is taken and may deny use, subject to operational needs.
2. Accrue twelve (12) hours of credit for sick leave with pay on the first day of the monthly pay period following completion of each monthly pay period of continuous service. Sick leave will be charged on an hour-for- hour basis.
3. Accrue vacation according to the following in lieu of Article 9, Section 9.1, Vacation, will be charged on a shift-for-shift, hour-for-hour basis:
   

   7 months to 3 years	10 hours per month
   37 months to 10 years	12 hours per month
   121 months to 15 years	14 hours per month
   181 months to 20 years	16 hours per month
   Over 20 years	18 hours per month

   
   

   However, notwithstanding the above, for one (1) pay period a year (July pay period), CSLEA Members shall accrue up to two (2) hours less of vacation than identified in the schedule above. The State shall credit this time to the Union Release Time Bank pursuant to section 2.9.
   
   Employees shall not be entitled to vacation leave credit for the first six (6) months of service. On the first day of the monthly pay period following completion of six (6) pay periods of continuous full-time service, all full-time employees covered by this section will receive a one-time vacation bonus of sixty (60) hours of vacation credit. Thereafter, for each month of full-time service, each full-time employee shall receive vacation credit according to the above schedule. An employee who returns to State service after an absence of six (6) months or longer caused by a permanent separation shall receive a one-time vacation bonus on the first monthly pay period following completion of six (6) pay periods of continuous full-time service in accordance with the employee's total State service before and after the absence.
   
   Elect to enroll in the annual leave program as provided in section 9.4. All provisions of section 9.4 apply except for the accrual of annual leave credits, which shall be in accordance with the following schedule:
   

   1 month to 3 years	16 hours
   37 months to 10 years	18 hours
   121 months to 15 years	20 hours
   181 months to 20 years	22 hours
   241 months and over	24 hours

   
   

   However, notwithstanding the above, for one (1) pay period a year (July pay period), CSLEA Members shall accrue up to two (2) hours less of annual leave than identified in the schedules above. 
4. The State shall credit this time to the Union Release Time Bank pursuant to section 2.9.The State reserves all rights to schedule employees for work, to determine staffing and to determine staffing levels except as specifically abridged by provisions of this Contract.
5. CSLEA and the State agree to allow fire departments within the Department of State Hospitals and Department of Developmental Services to consider alternative work schedules of shift patterns. Alternative schedules shall not increase costs, adversely affect levels of service, must meet operational needs and otherwise be consistent with FLSA provisions and provisions of this contract.
   
   If an alternative schedule is proposed and agreed to by the majority of firefighters at a specific work location, the State agrees to consider implementation based on criteria set forth above.
   
   This section does not apply to DDS and DSH facilities that employ Fire Fighters on a standard forty (40) hour per week schedule.

1. The Department of Parks and Recreation and the Department of Military agree to continue to utilize the forty-eight (48) hours on and ninety-six (96) hours off work schedule for the Firefighter/Security Officer, Captain, Firefighter/Security Officer, and Fire Fighter classifications and to notice and meet with CSLEA prior to making any changes to the schedule.
1. Department of Military – Each platoon will rotate shifts cycles so that each FF/SO has an Automatic Day Off (ADO) every three months.
2. Work schedules will be established on a twenty-eight (28) day cycle, two hundred twelve (212) hour maximum.
3. Overtime will be paid for all hours in excess of two hundred twelve (212) hours in a twenty-eight (28) day work period. Overtime compensation rate will be paid in accordance with FLSA and section 7.6 of this contract.
4. Leave Credits
1. Sick leave will be credited at the rate of twelve (12) hours per month. Charges for sick leave will be in accordance with the chart identified in Attachment A. All remaining provisions of Article 9, Section 9.3 of the Unit 7 Agreement shall apply.
2. Vacation leave will be credited as follows:
   

   7 Months - 3 Years	10 Hours per month
   37 Months -10 Years	12 Hours per month
   121 Months - 15 Years	14 Hours per month
   181 Months - 20 Years	16 Hours per month
   241 Months - and over	18 Hours per month

   
   

   Elect to enroll in the annual leave program as provided in section 9.4. All provisions of section 9.4 apply except for the accrual of annual leave credits, which shall be in accordance with the following schedule:
   

   7 Months - 3 Years	16 Hours per month
   37 Months -10 Years	18 Hours per month
   121 Months - 15 Years	20 Hours per month
   181 Months - 20 Years	22 Hours per month
   241 Months - and over	24 Hours per month

   
   

   However, notwithstanding the above, for one (1) pay period a year (July pay period), CSLEA Members shall accrue up to two (2) hours less of vacation or annual leave than identified in the schedules above. The State shall credit this time to the Union Release Time Bank pursuant to Section 2.9.
   
   Vacation leave will be charged in accordance with the chart identified in Attachment A. All remaining provisions of Article 9, Section 9.1 of the Unit 7 Agreement shall apply.
   
   Holidays will be credited at twelve (12) hours for each holiday occurring during a month as provided in Section 8.1 and continue to be credited at twelve (12) hours for the personal holiday as provided in Section 8.1. This holiday time will be charged in accordance with the chart identified in Attachment A. All remaining provisions of Article 8, Section 8.1 of the Unit 7 Agreement shall apply.
5. The Department of Military’s schedule of forty-eight (48) hours on and ninety-six (96) hours off work schedule allows for a minimum of three (3) Firefighter/Security Officers, Captains, or Fire Fighters on schedule at all times, a majority of the time will have four (4) Firefighter/Security Officers.

The Departments employing Firefighter/Security Officers or Fire Fighters agree not to routinely schedule fire-training drills during sleep time. It is the intent of the departments to avoid the assignment of routine nonessential work where possible during sleep time. However, it is recognized by the parties that the scheduling of fire training drills at night may occasionally be necessary if specifically for the exposure and experience of fighting fires at night.

1. The compensation shall be a proportionate part of the monthly rate for the class and shall be equalized over the year in twelve (12) equal portions to approximate a retainer for all services rendered.
2. The Department shall make an annual review of each position to determine if a salary adjustment is required. The review shall be made in December and adjustments implemented with the January pay period. Reviews shall be made in addition to the annual review whenever it appears that a significant change in workload has occurred.
3. For positions working sixty (60) hours per month or more, a change in salary shall be made when the workload increases or decreases by an annual average of five (5) hours per month. For positions working less than sixty (60) hours per month, a change shall be made if the workload increases or decreases by an annual average of four (4) hours per month.
4. Merit salary adjustment eligibility shall be reviewed at the time of the annual review of hours worked. Employees who have worked the required number of hours to be eligible shall be considered for such increases.
5. Normal, short-term, intermittent absences shall not affect the monthly rate unless the time significantly reduces the annual yearly hours.
6. Less than full-time Brand Inspectors shall accrue vacation and sick-leave credits at the rates established by this contract each time the employee has accumulated one hundred sixty (160) hours of work.

1. Where operational considerations permit and pursuant to a plan adopted by a department, a Bargaining Unit 7 employee may be permitted to telecommute when such work arrangements do not hinder, disrupt, nor interfere with the normal operation of the employer. Telecommuting work options shall conform to the definition, guidelines, and policies developed by the State's Telecommuting Advisory Group. Telecommuting which does not adhere to the guidelines and policies of the State’s Telecommuting Advisory Group shall not be allowed.
2. The State may establish, pursuant to an operational need or a request by either CSLEA or a Bargaining Unit 7 employee, telecommute agreements and will comply with reasonable procedures established by the department.
3. Once established, a telecommuting agreement/arrangement, absent an emergency, shall not be changed without thirty (30) calendar days’ notice. If requested, CSLEA shall be provided an opportunity to meet and confer over the impact of the proposed change.
4. Employees who have a telecommuting agreement/arrangement with the State shall not have their agreement/arrangement arbitrarily or capriciously revoked or amended. For the purposes of the section, a legitimate operational need is not considered arbitrary or capricious.
5. Telework Stipend
1. Eligibility
   
   Employees who have an approved telework agreement on file with the department shall receive a telework stipend as provided below:
1. Employees identified as “remote centered” with an approved telework agreement shall receive $50 per month.
2. Employees identified as “office centered” with an approved telework agreement shall receive a $25 per month.
3. Incidental telework does not qualify for the stipend. The approved telework agreement must designate the employee’s telework status as either “remote centered” or “office centered”.
2. Payment Process
1. This stipend shall be paid for each eligible pay period, payable the following pay period.
2. The employee’s approved telework status as of the first day of the pay period shall determine the payment amount for the entire pay period.
   
   However, if the employee’s approved telework status changes during the month from “office centered” to “remote centered” then the employee shall receive the amount for “remote centered” status only.
3. This payment is not subject to a qualifying pay period.
4. For approved telework agreements that are effective other than the first of the pay period, the stipend is available upon a fully executed telework agreement.
5. Employees on leave (paid or unpaid) for the entire pay period are not eligible for this payment.
6. Employees paid bi-monthly/semi-monthly shall receive one payment for the entire telework calendar month.
7. No receipts shall be required for the payment of this stipend.
8. No reimbursement claims will be authorized for utilities, phone, cable/internet, or other telework costs. Except for approved office supplies such as paper, pens, and printer cartridges, claims shall be submitted in accordance with the MOU and departmental policy.
9. Any change to the employee’s telework status which affects the eligibility of this stipend shall be administered in accordance with the provisions of the MOU.
3. The Telework Stipend Program is grievable through the CalHR level. This program shall not be subject to arbitration. Any decision reached by the CalHR level shall be final.

The parties recognize that during the term of this Agreement, questions may arise with respect to FLSA applicability to BU 7 employees and CSLEA reserves its rights and the rights of its members to pursue any appropriate legal remedy. Furthermore, neither party relinquishes any causes of action or defenses that it may have with respect to FLSA issues, if applicable.

Employees who are assigned by a supervisor to marine boat patrol or remote law enforcement duty assignments lasting twenty-four (24) hours or longer shall be compensated for actual hours worked but no less than thirteen (13) hours for each twenty-four (24) hour period.

Consistent with Departmental policies, Unit 7 employees may request to job share. Any holiday, sick leave or vacation credits, or other leaves shall be accrued pursuant to current CalHR rules and regulations. A job share request shall be considered on a case-by-case basis consistent with departmental rules.

Hours On-Call/Standby	Hours Paid
1	.25
2	.50
3	.75
4	1.00
5	1.25
6	1.50
7	1.75
8	2.00

* Fractional hours on-call/standby, fifteen (15) minutes or greater, will be rounded up to the next whole hour.

1. An employee who has completed a normal work shift, when ordered back to work, which may include the employee’s home, approved by the department head or designee, shall be credited with a minimum of four (4) hours work time provided the call back to work is without having been notified prior to completion of the work shift, or the notification is prior to completion of the work shift and the work begins two (2) or more hours after the completion of that work shift.
1. When the employee is called back under these conditions within four (4) hours of the beginning of previous call or an additional call is received while still working on an earlier call back, the employee shall not receive an additional four (4) hours credit for the new call back, but will be paid actual hours worked.
2. When the employee is called backed within four (4) hours of the beginning of the employee’s next shift, call back credit shall be received only for the hours remaining before the beginning of the employee’s next shift.
2. When staff meetings, training sessions or work assignments are scheduled on an employee’s authorized day off, the employee shall be credited with a minimum of four (4) hours of work time. When staff meetings and training sessions are scheduled on an employee’s normal workday and outside the employee’s normal work shift, overtime compensation shall be received in accordance with the rules governing overtime, provided however, that the staff meeting or training sessions begin within one (1) hour of the employee getting off work. If the staff meeting or training session begins more than one (1) hour after the employee is off work, the employee shall be credited with up to three (3) hours of waiting time.
3. For reporting purposes, compensable time is in accordance with Department of Labor (DOL) regulations.
4. This section does not apply to employees who are required by their supervisor or designee to conduct business telephone calls outside of their work hours.
5. The OES Coordinator (Fire and Rescue) when dispatched to and required to work a critical incident, are eligible for callback regardless of the notification process or timeline identified in (A) above.

1. This provision shall apply to all full-time State Park Peace Officer Cadets (Ranger) and full-time State Park Peace Officer Cadets (Lifeguard) while in the academy.
2. Incumbents in these classes during the academy shall earn overtime compensation in accordance with section 7.6 of this contract.
3. Overtime shall be earned as compensating time off. For weeks during the training when the incumbent has not worked forty (40) hours in the workweek, the incumbent shall use CTO to offset the number of hours to equate the forty (40) hour workweek.
4. No incumbent shall leave the academy with more than forty (40) hours of CTO except as described in (E). At the time of graduation from the academy, the incumbent’s CTO balance shall be reduced to forty (40) hours by cashing out any hours in excess of the forty (40) hours. The rate of compensation shall be at the Cadet salary rate.
5. In accordance with section 14.9 of this contract, incumbents will be allowed up to two (2) work weeks without pay from the end of the training course until they are expected to report to their new work location. The employee shall indicate their decision to do so prior to the end of week twenty (20) of the academy. At the employee’s option, the employee may use the remaining forty (40) hours CTO balance to offset forty (40) hours of time off without pay. Employees who have accumulated vacation or other appropriate leave credits may use up to forty (40) hours of these leave credits to offset an additional forty (40) hours of time off without pay. If an employee, who elects to take up to eighty (80) hours of time off to report to the new work location, does not have sufficient, appropriate leave credits available at the time of graduation to cover the work absence, the employee may be granted, upon request, an exception to section (D) to retain and utilize up to forty (40) hours additional accumulated CTO to supplement leave credits available. The total of appropriate leave credits and additional CTO hours shall not exceed eighty (80) hours.

1. Work Week Group "2"
   
   Work Week Group "2" applies to those classifications in State service subject to the overtime provisions of the Fair Labors Standards Act (FLSA).
2. Work Week Group "E"
   
   Work Week Group "E" includes classes that are exempted by the State from coverage under the FLSA because of the "white-collar" (administrative, executive, professional) exemptions under the FLSA. To be eligible for this exemption a position must meet both the "salary basis" and the "duties" test under the FLSA.
   
   A "salaried" employee may not receive any form of overtime compensation, whether formal or informal.
   
   Work Week Group E (WWG E) employees working a non-standard work schedule (e.g., 4/10/40, 9/8/80) will be charged the number of hours scheduled for the day when they are absent for a whole day.

1. Call back and overtime procedures shall be implemented when necessary or required.
2. An employee shall not be considered for overtime until they have completed six (6) months of permanent full-time status. After the completion of six (6) months, the employee will be placed on the overtime list by having their name placed at the bottom of the list as it exists at that time.
3. Limited Term (LT) employees are not eligible for scheduled overtime; nor shall reserve or Army National Guard personnel be considered in filling the minimum manning requirement.
4. The overtime list shall be reset every year at 12:01AM January 1st. Call backs shall be by seniority until overtime totals are established. Then the FF/SO with the lowest overtime total shall be called in ascending order.
5. CALL BACK PROCEDURES
1. Emergency Call Backs (i.e. station coverage or working incident) shall be completed using the overtime list until the staffing needs are met.
2. Emergency Call Back or Order Back hours of four (4) hours or less shall not affect the employee’s position on the overtime list.
3. Non-scheduled Overtime. If, through unforeseen circumstances, a shortfall in staffing occurs (i.e., unanticipated sick leave, etc.), with twenty-four (24) hours or less of the needed coverage, then the overtime list shall be utilized. When the overtime list is utilized the FF/SO with the lowest overtime hours shall be called first. This procedure will be followed until the next assignment is filled or the list is exhausted. Calls only need to be made until the assignment is fulfilled. If the list is exhausted, the Chief will use his or her discretion to fulfill the mission by holdover or order back. Call back messages shall not be left when calling an employee for unscheduled overtime (twenty-four (24) hours or less). Person to person contact must be made. There will be no distinction between FF/SO and Captain FF/SO in terms of overtime call back. The individual with the lowest overtime totals shall be called first, regardless of rank.
4. Scheduled Overtime. Scheduled overtime is defined as anticipated overtime that is needed at least twenty-four (24) hours in advance. In this situation, greater flexibility can be given to the individuals(s) with the lowest overtime totals, even if they cannot be reached immediately. All employees who are not already scheduled to work the shift shall be contacted to determine if they are available. A message may be left for those individuals who cannot be immediately reached. When a message is left, those individuals have until twenty-four (24) hours prior to the start of the overtime period, to call the station and confirm their availability. Twenty-four (24) hours prior to the overtime period, the Chief or Captain on duty, or their designee, shall determine which FF/SO has the lowest overtime hours among those confirming their availability. The overtime assignment shall be given accordingly.
   
   The captain or their designee shall start call backs to fill shifts as soon as the lack of staff is learned of.

1. The Department of Parks and Recreation acknowledges this scheduling option may be utilized for the duration of this Contract and will expire at the end of this Contract.
2. Work schedules will be established on a 28-day cycle, 171 hours maximum.
3. Overtime will be paid for all hours in excess of the 171 in 28-day work period. Overtime will be paid in accordance with the FLSA and Section 7.6 of this contract.
1. Sick leave will be credited at the rate of 12 hours per month. Charges for sick leave will be in accordance with the chart identified in Attachment A. All remaining provisions of Article 9, Section 9.3 (Sick Leave) of the Unit 7 contract shall apply.
2. Vacation Leave will be credited as follows:
   

   7 Months – 3 Years	10 Hours per month
   37 Months – 10 Years	12 Hours per month
   121 Months – 15 Years	14 Hours per month
   181 Months – 20 Years	16 Hours per month
   241 Months – and over	18 Hours per month

   Elect to enroll in the annual Leave program as provided in Section 9.4. All provisions of Section 9.4 apply except for the accrual of annual leave credits, which shall be in accordance with the following schedule:
   

   7 Months – 3 Years	16 Hours per month
   37 Months – 10 Years	18 Hours per month
   121 Months – 15 Years	20 Hours per month
   181 Months – 20 Years	22 Hours per month
   241 Months – and over	24 Hours per month

   Vacation leave will be charted in accordance with the chart identified in Attachment A. All remaining provisions of Article 9, Section 9.1 of the Unit 7 Agreement shall apply.
3. Holidays will be credited at 12 hours for each holiday occurring during a month. Holiday time will be charged in accordance with the chart identified in Attachment A. All remaining provisions of Article 8, Section 8.1 of the Unit 7 contract shall apply.

1. CHP may utilize procedures which equitably distribute voluntary and/or mandatory overtime which are not based on seniority. However, if a specific division, program or communications center is unable to establish such a procedure, CHP shall utilize volunteers based upon seniority within the classification, subject to operational needs, security, health and safety permitting. In the event there are insufficient volunteers for overtime, subject to operational needs, security, health and safety permitting, such overtime shall be assigned in reverse seniority within the classification.
2. Parks and Recreation may utilize procedures which equitably distribute voluntary and/or mandatory overtime which are not based on seniority. However, if a specific district, sector, or park is unable to establish such a procedure, Parks and Recreation shall utilize volunteers based upon seniority within the classification, subject to operational needs, security, health and safety permitting. In the event there are insufficient volunteers for overtime, subject to operational needs, security, health and safety permitting, such overtime shall be assigned in reverse seniority within the classification.

Mileage reimbursement arising from travel between home or garage and headquarters is not generally permitted. However, when an employee is called back to work, the Department shall provide reimbursement consistent with CCR 599.626.

1. All full-time employees shall be entitled to such holidays with pay as provided herein, in addition to any official State holidays appointed by the Governor.
2. Such holidays shall include January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving Day, and December 25.
3. Every employee, excluding seasonal employee, upon completion of six (6) months of their initial probationary period in State service, shall be entitled to one (1) personal holiday per fiscal year. The personal holiday shall be credited to each employee on the first day of July.
4. The department head or designee may require five (5) days advance notice before a personal holiday is taken and may deny use subject to operational needs. When an employee is denied use of a personal holiday, the department head or designee may allow the employee to reschedule the personal holiday; or shall, at the department's discretion allow the employee to either carry the personal holiday to the next fiscal year, or cash out the personal holiday on a straight-time (hour-for-hour) basis.
5. Subject to Item (D) above, use of personal holidays shall be granted in accordance with departmental policies on this subject.
6. When November 11 falls on a Saturday, full-time employees shall be entitled to the preceding Friday as a holiday with pay.
7. When a holiday other than a personal holiday or November 11 falls on a Saturday, full-time employees shall, regardless of whether they work on the holiday, only accrue an additional eight (8) hours of holiday credit per fiscal year per paid holiday.
8. When a holiday other than a personal holiday falls on Sunday, the following Monday, not Sunday, shall be treated as the holiday for purposes of this Article.
9. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of a holiday shall not be considered as time worked by the employee.
10. Except as identified in (K) below, when a full-time employee in work week 2 is required to work on a regular holiday, the employee shall receive eight (8) hours of holiday credit and their regular hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash, or compensatory time off (CTO). The method of compensation shall be at the State’s discretion, except as provided in Section 7.6 E 1 a. The holidays to which this compensation applies are the third Monday in January, the third Monday in February, March 31, November 11, the day after Thanksgiving. For clarification purposes, when an observed holiday falls on an employee’s regularly scheduled day off employees shall accrue eight (8) hours of holiday credit per said holiday.
1. If an employee physically works over forty (40) hours in a workweek that contains a regular holiday, the employee will be paid the appropriate overtime rate for all hours worked in excess of forty (40) hours in accordance with the FLSA.
11. When a full-time employee in work week 2 is required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day or Christmas Day shall receive eight (8) hours of holiday credit and one and one-half (1 ½) the hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash, or compensatory time off (CTO). The method of compensation shall be at the State’s discretion, except as provided in Section 7.6 E 1 a. For clarification purposes, when an observed holiday falls on an employee’s regularly scheduled day off employees shall accrue eight (8) hours of holiday credit per said holiday.
1. Holiday premium pay, calculated at one-half (0.5) times the applicable hourly rate for hours worked on January 1, last Monday in May, July 4, 1st Monday in September, Thanksgiving day and December 25th, shall count towards any premium overtime compensation earned during the same workweek. Section K satisfies the provision of Section 7.6 Overtime Compensation.
2. Notwithstanding subdivision H above, when a premium holiday falls on a Sunday and the employee is required to work on the Sunday, the employee shall be paid one and one-half (1.5) times for all hours worked. Employees shall not receive one and one-half (1.5) times for hours worked on the Monday following the Sunday Holiday. For example, employees will receive the following when a premium holiday identified in this subdivision falls on a Sunday:
   
   

   Sunday (Holiday)	Monday	Employee Compensation
   Employee works 8 hours	Employees works 8 hours	·    8 hrs @ 1.5 rate (Sun) ·    8 hrs regular pay for working and 8 hrs holiday credit (Monday)
   Employee works 8 hours	Employee does not work	·    8 hrs @ 1.5 rate (Sun) ·    8 hrs holiday credit (Monday)
   Employee does not work	Employees works 8 hours	·    No compensation for Sunday ·    8 hrs regular pay for working and 8 hrs holiday credit (Monday)
   Employee does not work	Employee does not work	·    No compensation for Sunday ·    Compensation per Section A above

3. For employees assigned to offices and/or positions operated on a twenty- four (24) hours, seven (7) days a week basis, the “one and one half (1 ½) the hourly rate for all hours worked” described above shall be only for hours worked on the actual and not the observed holiday. When an actual holiday falls on an employee’s regularly scheduled day off employees shall accrue eight (8) hours of holiday credit per said holiday.
4. This section regarding premium pay (one and one-half [1 ½] the hourly rate for all hours worked on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, or Christmas Day) shall a apply to Fire Fighters and Firefighter/Security Officers referenced in Sections 7.8 and 7.9, respectively. Fire Fighters and Firefighter/Security Officers identified in Sections 7.8 and 7.9 shall continue to receive twelve (12) hours of holiday credit for each holiday provided in Section 8.1. Peace Officers with the Department of Parks and Recreation who work a 7(k) schedule shall continue to receive twelve (12) hours of holiday credit for each holiday provided in this section.
12. Employees working part-time shall be entitled to such Holidays, including personal holiday, on a pro-rated basis in accordance with the following chart.
    
    

    Time Base	Holiday Hours
    1/5	1.60
    2/5	3.20
    3/5	4.80
    4/5	6.40
    1/8	1.00
    1/4	2.00
    3/8	3.00
    1/2	4.00
    5/8	5.00
    3/4	6.00
    7/8	7.00
    1/10	0.80
    3/10	2.40
    7/10	5.60
    9/10	7.20

13. Permanent Intermittent employees will be eligible for holiday pay on a pro rata basis, based on hours worked during the pay period for observed holidays specified above in accordance with the following chart. If a PI employee works on the holiday, the employee shall also receive the hourly rate of pay for each hour worked.
    
    

    Hours on pay status during pay period	Holiday Hours
    0 - 10.9	0
    11 - 30.9	1
    31 - 50.9	2
    51 - 70.9	3
    71 - 90.9	4
    91 - 110.9	5
    111 - 130.9	6
    131 - 150.9	7
    151 and over	8

14. When employees are scheduled to work a Saturday preceding a fixed holiday, or when a holiday otherwise falls on a Friday or Monday, the employee may take the Saturday off, utilizing accrued vacation, CTO, or personal leave time banks, subject to prior approval and operational needs.
15. Work Week Group E employees shall receive up to eight (8) hours holiday credit when ordered to work on a holiday.
16. If an employee is required to work on the actual holiday which falls on a Saturday or Sunday and is subject to subsection (F) and (H) above, the employee will be entitled to holiday pay identified in subsection (J) or (K). If the employee is required to work both the actual holiday and the observed holiday under subsection (F) and (H). the employee is only entitled to holiday pay for one day.

Use of accumulated Holiday Credit or Excess Time as defined in PTM 656 which exceeds the department minimum, shall not be unreasonably denied for use in conjunction with or in lieu of vacation.

1. Employees shall not be entitled to vacation leave credit for the first six (6) months of service. On the first day of the monthly pay period following completion of six (6) qualifying monthly pay periods of continuous service, all full-time employees covered by this section shall receive a one-time vacation bonus of forty-two (42) hours of vacation credit. Part-time employees shall be allowed, on a pro-rata basis, the fractional part of the bonus vacation credit.
   
   Thereafter, for each additional qualifying monthly pay period, full-time employees shall be allowed credit for vacation with pay on the first day of the following monthly pay period as follows:
   

   7 months to 3 years	7 hours per month
   37 months to 10 years	10 hours per month
   121 months to 15 years	12 hours per month
   181 months to 20 years	13 hours per month
   241 months and over	14 hours per month

   However, notwithstanding the above, for one (1) pay period a year (July pay period), CSLEA Members shall accrue up to two (2) hours less of vacation than identified in the schedule above. The State shall credit this time to the Union Release Time Bank pursuant to Section 2.9.
   
   An employee who returns to State service after an absence of six (6) months or longer caused by a permanent separation shall receive a one-time vacation bonus on the first monthly pay period following completion of six (6) qualifying pay periods of continuous service in accordance with the employee's total State service before and after the absence.
2. Breaks in employment of eleven (11) workdays or more, including unpaid leaves of absence, shall not be counted for vacation leave purposes set forth under Item (A) above.
3. Part-Time Employees
   
   For each additional qualifying monthly pay period, the employee shall be allowed credit for Vacation with pay on the first day of the following monthly pay period as follows:
   
   

   Time Base	7 months to 3 years	37 months to 10 years	121 months to 15 years	181 months to 20 years	241 months and over
   1/10	0.70	1.00	1.20	1.30	1.40
   1/8	0.88	1.25	1.50	1.63	1.75
   1/5	1.40	2.00	2.40	2.60	2.80
   1/4	1.75	2.50	3.00	3.25	3.50
   3/10	2.10	3.00	3.60	3.90	4.20
   3/8	2.63	3.75	4.50	4.88	5.25
   2/5	2.80	4.00	4.80	5.20	5.60
   1/2	3.50	5.00	6.00	6.50	7.00
   3/5	4.20	6.00	7.20	7.80	8.40
   5/8	4.38	6.25	7.35	8.13	8.75
   7/10	4.90	7.00	8.40	9.10	9.80
   3/4	5.25	7.50	9.00	9.75	10.50
   4/5	5.60	8.00	9.60	10.40	11.20
   7/8	6.13	8.75	10.50	11.38	12.25
   9/10	6.30	9.00	10.80	11.70	12.60

   
   

4. Permanent Intermittent (PI) Employees
   
   A PI employee will be eligible for vacation leave credit with pay on the first day of the following qualifying monthly pay period following completion of nine hundred sixty (960) hours of compensated work. Thereafter, a PI employee will be eligible for vacation credit with pay in accordance with the schedule in Article 9, Section 9.1(A), on the first day of the qualifying monthly pay period following completion of each period of one hundred sixty (160) hours of paid employment. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated.
   
   When it is determined that there is a lack of work for an intermittent employee, a department head or designee may:
1. Pay the employee in a lump sum payment for accumulated vacation leave credits; or
2. Schedule the employee for vacation leave; or
3. Allow the employee to retain their vacation credits, or
4. Effect a combination of (1), (2), or (3) above.
5. If an employee does not use all of the vacation that the employee has accrued in a calendar year, the employee may carry over their accrued vacation credits to the following calendar year to a maximum of six hundred forty (640) hours. A department head or designee may permit an employee to carry over more than six hundred forty (640) hours of accrued vacation leave hours if an employee was unable to reduce his accrued hours because the employee (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking vacation until December 31 because of sick leave; (5) was on jury duty; or (6) was prevented by the department head or designee from utilizing accrued vacation. It is the employee's responsibility to utilize all vacation hours in excess of the six hundred forty (640) hours cap by the end of each calendar year unless otherwise prevented from doing so as enumerated in items (1) through (6) above. Whenever an employee's vacation accumulation exceeds six hundred forty (640) hours, the department head or designee has the right to order the employee to submit a vacation request which will demonstrate how and when the employee plans to use any hours which will exceed the cap by the end of the calendar year. If the employee does not use the time as planned for reasons other than those listed above, the department head or designee may then order the employee to take the excess time at the convenience of the department.
6. Upon termination from State employment, the employee shall be paid for accrued vacation credits for all accrued vacation time.
7. The time when vacations shall be taken by the employee shall be determined by the department head or designee. If an employee's vacation accumulation will exceed the vacation cap at any time during a calendar year, the department head or designee has the right to order the employee to take vacation during the calendar year.
8. Vacation requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same vacation time and approval cannot be given to all employees requesting it, employees shall be granted their preferred vacation period in order of seniority (defined as total months of State service in the classification in the department). When two (2) or more employees have the same amount of classification seniority, departmental seniority will be used to break the tie.
9. Each department head or designee will make every effort to act on vacation requests in a timely manner.
10. Vacations will be canceled only when operational needs require it.
11. Employees shall be allowed to use vacation credits in quarter hour (15 minute) increments.
12. When two (2) or more LRE’s submit requests for the same time off outside the annual vacation selection process, including but not limited to vacation credits, holiday credits, and personal leave, the requests will be approved by seniority within the classification. Whenever possible, based on operational need, DMV Unit 7 employees will not be included with non-Unit 7 employees when approving time off requests.
    
    During the annual vacation selection process, requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more LRE’s request the same vacation time off, and approval cannot be given to all employees requesting it, the LREs shall be granted their preferred vacation period in order of seniority (defined as total months of State service in the classification in the department). When two (2) or more LREs have the same amount of classification seniority, departmental seniority will be used to break the tie. Whenever possible based on the operational need, DMV Unit 7 employees will not be included with non-Unit 7 employees when approving annual vacation time off requests.
13. Cashout of Vacation/Annual Leave
    
    Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Vacation/Annual Leave as follows: On or before May 1 of each year, each department head (Director, Executive Officer, etc.) or designee will advise department employees whether the department has funds available for the purpose of cashing out accumulated Vacation/Annual Leave. In those departments that have funds available, employees will be advised of the number of hours that may be cashed out in April of each year, not to exceed eighty (80) hours. Employees who wish to cash out Vacation/Annual Leave must submit a written request during the month of May to the individual designated by the Department Director. Departments will issue cash payments for cashed out Vacation/Annual Leave during the month of June.

1. DPR and Military Peace Officers
   
   Unit 7 employees in the Department of Parks and Recreation and Military Department shall be allowed to submit vacation leave requests during the open bid period of October 1 and November 30 for usage in following calendar year. Requests shall be submitted using a two (2)-round bidding system. Employees may request up to four (4) work weeks during the first-round bidding.
   
   Vacations shall be scheduled in accordance with the department’s operating needs, but shall not be unreasonably denied.
   
   Any vacation leave request which has been approved shall not be supplanted by a more senior employee applying for leave after the open period. Nothing in this provision shall prohibit an employee from requesting additional vacation leave outside of the open bid period.
   
   When two (2) or more employees on the same work schedule compete for the same vacation leave and approval cannot be granted for both due to operational needs, the employees shall be granted their vacation request in order of seniority. Seniority for the purpose of this provision shall be defined as DPR or Military Department badge time. Ties in seniority shall be broken in order by:
1. Scheduling location seniority
2. Total departmental service
3. Total State service
2. Hospital Police Officers (Department of State Hospitals) and Peace Officers (Department of Developmental Services)
1. At least thirty (30) days prior to the beginning of the annual vacation bid at each hospital, DSH and DDS shall provide notice to CSLEA of its vacation bid seniority, procedures, and schedule. After receiving annual notice from a hospital regarding its upcoming vacation bid, CSLEA shall be provided an opportunity to meet and discuss with the hospital on its impact.
2. Consistent with Department policy, HPOs and POls shall be permitted to use all existing leave balances (except sick leave), at the time of the bid, for the purposes of their annual vacation bid.

1. Definitions
   
   As used in this section, "sick leave" means the necessary absence from duty of an employee because of:
1. Illness or injury.
2. Medically verified incapacity or restriction because of exposure to a contagious disease.
3. Dental, eye, and other physical or medical examination or treatment by a licensed practitioner.
4. Family care - absence from duty for attendance upon the employee's ill or injured mother, father, husband, wife, son, daughter, brother, sister or any person residing in the immediate household. Such absence shall be limited to six (6) workdays per occurrence or, in extraordinary situations, to the time necessary for care until physician or other care can be arranged.
1. Labor Code 246.5 allows the use of sick leave for an employee who is a victim of domestic violence, sexual assault, or stalking.
2. Labor Code 245.5 defines family members as any of the following: a child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. As well as a spouse, registered domestic partner, grandparent, grandchild, and a sibling.
2. Credit for Full-time Employment. On the first day of the monthly pay period following completion of each monthly pay period of continuous service, each full-time employee in Bargaining Unit 7 shall be allowed eight (8) hours of credit for sick leave with pay.
3. Credit for Less than Full-time Employment
1. Intermittent Employees. On the first day of the monthly pay period following completion of each period of one hundred sixty (160) hours or twenty (20) days of paid employment, each intermittent employee in the State civil service shall be allowed eight (8) hours of credit for sick leave with pay. The hours or days worked in excess of one hundred sixty (160) hours or twenty (20) days in a monthly period shall not be counted or accumulated.
2. Part-time Employees. On the first day of the monthly pay period following completion of each monthly pay period of continuous service, each part-time employee in the State civil service shall be allowed on a pro-rated basis the fractional part of one (1) day of credit for sick leave with pay.
3. Multiple Positions. Under this rule:
1. An employee holding a position in addition to other full-time employment with the State shall not receive credit for sick leave with pay for service in the additional position.
2. Where an employee holds two (2) or more less than full-time positions, the time worked in each position shall be combined for purposes of computing credits for sick leave with pay but such credits shall not exceed full-time employment credit.
4. Sick Leave Usage. The department head or designee shall approve sick leave only after having ascertained that the absence is for an authorized reason and may require the employee to submit reasonable substantiating evidence, including, but not limited to, a physician's certificate when the department head or designee has an identifiable reason to suspect the absence. If the department head or designee does not consider the evidence to be adequate, the request for sick leave shall be disapproved.
5. On date of hire, an employee in the class of Pool Lifeguard (Seasonal), Lifeguard I (Seasonal) or Lifeguard II (Seasonal) shall be credited with any unused accumulated sick leave earned or credited during the previous period of employment with the State in the seasonal lifeguard classification if the employee is rehired within one (1) year of the date of separation.
6. Sick leave may be requested and taken in fifteen (15) minute increments.
7. Disabled Veterans Credit
1. In addition to any other entitlement for sick leave with pay, a state officer or employee hired on or after January 1, 2016, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment for his or her military service-connected disability. Credit for sick leave granted under this subdivision shall be credited to a qualifying officer or employee the first day of employment and shall remain available for use for the following twelve (12) months of employment. Sick leave credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this subdivision is used for treatment of a military service-connected disability may be required pursuant to the rules adopted by the department.
2. In addition to any other entitlement for sick leave with pay, a state officer or employee who serves as a member of the National Guard or federal military reserve force who is called up to active service and as a result sustains a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. Credit for sick leave granted under this paragraph shall be credited to a qualifying officer or employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs or on the first day that the qualifying employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. Sick leave credited under this paragraph that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this paragraph is used for treatment of a service-connected disability may be required pursuant to rules adopted by the department.

1. Employees may elect to enroll in the annual leave program to receive annual leave credit in lieu of vacation and sick leave credits. Employees enrolled in the annual leave program may elect to enroll in the vacation and sick leave program at any time except that once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until twenty-four (24) months has elapsed from date of enrollment.
2. Each full-time employee shall receive credit for annual leave in lieu of the vacation and sick leave credits of this agreement in accordance with the following schedule:
   

   1 month to 3 years	11 hours per month
   37 months to 10 years	14 hours per month
   121 months to 15 years	16 hours per month
   181 months to 20 years	17 hours per month
   241 months and over	18 hours per month

   However, notwithstanding the above, for one (1) pay period a year (July pay period), CSLEA Members shall accrue up to two (2) hours less of annual leave than identified in the schedule above. The State shall credit this time to the Union Release Time Bank pursuant to 2.9 Union Release Time Bank.
   
   Part-time employees shall accrue proportional Annual Leave credits, in accordance with the chart shown below:
   
   
   HOURS OF MONTHLY CREDIT PER ANNUAL LEAVE GROUP
   

   TIME BASE	11	14	16	17	18
   9/10	9.90	12.60	14.40	15.30	16.20
   7/10	7.70	9.80	11.20	11.90	12.60
   3/10	3.30	4.20	4.80	5.10	5.40
   1/10	1.10	1.40	1.60	1.70	1.80
   7/8	9.63	12.25	14.00	14.88	15.75
   3/4	8.25	10.50	12.00	12.75	1350
   5/8	6.88	8.75	10.00	10.63	11.25
   1/2	5.50	7.00	8.00	8.50	9.00
   3/8	4.13	5.25	6.00	6.38	6.75
   1/4	2.75	3.50	4.00	4.25	4.50
   1/8	1.38	1.75	2.00	2.13	2.25

   A PI employee will be eligible for annual leave credit with pay in accordance with the schedule in section B above, on the first day of the monthly pay period following completion of each period of one hundred sixty (160) hours of paid employment. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated. When it is determined that there is a lack of work, a department head or designee may;
   
   

   1.	Pay the PI employee in a lump-sum payment for accumulated annual leave credits; or
   2.	By mutual agreement, schedule the PI employee for annual leave; or
   3.	Allow the PI employee to retain their annual leave credits; or
   4.	Effect a combination of 1, 2, or 3, above.

   All provisions necessary for the administration of this section shall be provided by CalHR rule or memorandum of understanding.
3. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn annual leave credits as set forth in CalHR Rules 599.608 and 599.609.
   
   Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive days which fall into two (2) consecutive qualifying pay periods shall disqualify the second pay period.
4. Employees who work in multiple positions may participate in annual leave, provided an election is made while employed in an eligible position subject to these provisions. Annual leave accrual for employees in multiple positions will be computed by combining all positions, as in vacation leave, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made.
5. If an employee does not use all of the annual leave that the employee has accrued in a calendar year, the employee may carry over their accrued annual leave credits to the following calendar year to a maximum of six hundred forty (640) hours. A department head or designee may permit an employee to carry over more than six hundred forty (640) hours of accrued hours because the employee: (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on workers' compensation; (4) was prevented by department regulations from taking annual leave until December 31 because of sick leave; or (5) was on jury duty.
6. Upon termination from State employment, the employee shall be paid for accrued annual leave credits for all accrued annual leave time.
7. The time when annual leave shall be taken by the employee shall be determined by the department head or designee. If on January 1 of each year an employee’s annual leave bank exceeds the cap in subsection (E), the department may order the employee to take annual leave.
8. Annual leave that is used for purposes of vacation is subject to the requirements set forth in section 9.1, Vacation and Leave Scheduling, or section 9.2, Vacation Scheduling-DPR, of this Agreement.
9. Each department head or designee will make every effort to act on annual leave requests in a timely manner.
10. Annual leave that is used for purposes of sick leave is subject to the requirements set forth in section 9.3, Sick Leave, of this Agreement.
11. The enhanced non-industrial disability insurance (ENDI) in section 10.4 applies only to those in the annual leave program described above in this section.
12. Employees who are currently subject to vacation and sick leave provisions may elect to enroll in the annual leave program at any time after twenty-four (24) months has elapsed from date of last enrollment. The effective date of the election shall be the first day of the pay period in which the election is received by the appointing power. Once enrolled in annual leave, an employee shall become entitled to an ENDI benefit [50 percent (50%) of gross salary].
13. Cashout of Vacation/Annual Leave
    
    Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Vacation/Annual Leave as follows:
    
    On or before May 1 of each year, each department head (Director, Executive Officer, etc.) or designee will advise department employees whether the department has funds available for the purpose of cashing out accumulated Vacation/Annual Leave. In those departments that have funds available, employees will be advised of the number of hours that may be cashed out in April of each year, not to exceed eighty (80) hours.
    
    Employees who wish to cash out Vacation/Annual Leave must submit a written request during the month of May to the individual designated by the Department Director. Departments will issue cash payments for cashed out Vacation/Annual Leave during the month of June.

The existing conversion factors for Fire Fighters and Firefighter/Security Officers working under the FLSA’s fire fighter 7k exemption shall also apply to bereavement leave.

1. An employee shall be allowed such time off with pay as is required in connection with mandatory jury duty; provided, however, that payment shall be made for such time off only upon remittance to the State of full jury fees earned on any day the employee is scheduled for work.
2. An employee shall notify their appointing authority immediately upon receiving notice of jury duty. When released from jury duty, an employee in time-off-with-pay status shall report to work as scheduled, or notify their supervisor that they are no longer required for jury duty. An employee who does not serve a full day or who is placed on “on-call” status shall, at the discretion of their supervisor or designee return to work to complete the work shift.
3. If an employee uses accrued vacation leave, compensating time off, or their own time while on jury duty, the employee is not required to remit jury fees.
4. Employees on graveyard or swing may be transferred to day shift, upon request, for the duration of the trial. Employees assigned to work weekends may, upon request, be assigned weekend days off for the duration of the trial. These reassignments of working hours and days off shall not be unreasonably denied.
5. For purposes of this section, "jury fees" means: fees received for jury duty excluding payment for mileage, parking, meals or other out-of-pocket expenses.
6. An employee may be allowed time off without loss of compensation if approved by the department head or designee for voluntary jury duty such as grand jury. If approved by the department, paragraphs (D) and (E) apply.

1. A permanent employee shall be entitled, upon request, to an unpaid leave of absence for purposes of pregnancy, childbirth, recovery therefrom or care for the newborn child for a period not to exceed one (1) year from the birth of the child. The employee shall provide medical substantiation documenting that she is pregnant or that she has given birth to support her request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to authorization of the department head or designee.
2. A spouse or parent, who is a permanent employee, shall be entitled to an unpaid leave of absence to care for the newborn child for a period not to exceed one (1) year from the birth of the child. The employee shall provide medical substantiation that his spouse has given birth to support his request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to authorization of the department head or designee.
3. If the initial request for parental leave is less than the maximum period allowed, subsequent requests to extend the leave to the maximum one (1) year timeframe are permissive and may be considered by the department head or designee.
4. If the request for parental leave is made more than thirty (30) calendar days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee.
5. Any permissive approval of parental leave as outlined above may be terminated by the department head or designee prior to the expiration date with written notice at least thirty (30) workdays prior to the effective date of revocation.
6. During the period of time an employee is on parental leave, they shall be allowed to continue their health, dental and vision benefits. The cost of these benefits shall be paid by the employee at the group rate.
7. A department head or designee may grant a permanent employee's request for an unpaid leave of absence for the adoption of a child for a period not to exceed one (1) year except the department shall grant said one (1) year unpaid leave of absence when the adoption agency requires an adoptive parent not to work outside the home during the first year of adoption as a condition of adoption.
8. An employee on parental leave shall be assured the right of return to their "former position" as that term is defined in Government Code section 18522.

1. A department head or designee may grant an unpaid leave of absence for a period not to exceed one (1) year. The employee shall provide substantiation to support the employee's request for an unpaid leave of absence.
2. Except as otherwise provided in subsection (C) below, an unpaid leave of absence shall not be granted to any employee who is accepting some other position in State employment; or who is leaving State employment to enter other outside employment; or does not intend to, nor can reasonably be expected to, return to State employment on or before the expiration of the unpaid leave of absence. A leave, so granted, shall assure an employee the right to their former position upon termination of the leave. The term "former position" is defined in Government Code section 18522.
3. An unpaid leave of absence may be granted for, but not limited to the following reasons:
1. union activity;
2. for temporary incapacity due to illness or injury;
3. to be loaned to another governmental agency for performance of a specific assignment;
4. to seek or accept other employment during a layoff situation or otherwise lessen the impact of an impending layoff;
5. education;
6. research project; or
7. personal reasons.
4. Extensions of an unpaid leave of absence may be requested by the employee and may be granted by the department head or designee.
5. A leave of absence shall be terminated by the department head or designee (1) at the expiration of the leave; or (2) prior to the expiration date with written notice at least thirty (30) workdays prior to the effective date of the revocation.

1. Sick leave credits cannot be transferred.
2. When the receiving employee faces financial hardship due to injury or the prolonged illness of the employee, employee's spouse, domestic partner that has been defined and certified with the Secretary of State’s Office in accordance with Family Code section 297, child or any other person listed in section 9.5-Bereavement Leave.
3. The receiving employee has exhausted all leave credits.
4. The donations must be a minimum of one (1) hour and in whole-hour increments and credited as vacation or annual leave.
5. Transfer of annual leave, vacation, CTO and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.
6. The total leave credits received by the employee shall normally not exceed three (3) months; however, if approved by the appointing authority, the total leave credits received may be six (6) months.
7. Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. When donations are used, they will be processed based on date and time received (first in, first used). Unused donations shall be returned to the appropriate donor.
8. This section is not subject to the grievance and arbitration Article of this Contract.

1. Sick leave credits cannot be transferred.
2. When the receiving employee faces financial hardship due to the effect of a natural disaster on the employee's principal residence.
3. The receiving employee has exhausted all leave credits and resides in one of the counties where a State of Emergency exists as declared by the Governor.
4. The donations must be a minimum of one (1) hour and in whole-hour increments thereafter and credited as vacation or annual leave.
5. Transfer of annual leave, vacation, CTO and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.
6. The total leave credits received by the employee shall not exceed three (3) months; however, if approved by the appointing authority, the total leave credits received may be six (6) months.
7. Donations shall be made on a form to be developed by the State, signed by the donating employee and verified by the donating department. When donations are used, they will be processed based on date and time received (first in, first used). Unused donations shall be returned to the appropriate donor.
8. This section is not subject to the grievance and arbitration Article of this Contract.

1. Personal Leave shall be requested and used by the employee in the same manner as vacation or annual leave. The Personal Leave shall not be cashed out once it has been approved for use. Requests to use Personal Leave must be submitted in accordance with departmental policies on vacation or annual leave.
2. At the discretion of the State, all or a portion of unused Personal Leave credits may be cashed out at the employee's salary rate at the time the Personal Leave payment is made. It is understood by both parties that the application of this cash out provision may differ from department to department and from employee to employee. Upon termination from State employment, the employee shall be paid for unused Personal Leave credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any Personal Leave credits shall not be considered as "compensation" for purposes of retirement.
3. If funds become available, as determined by the Department of Finance, for the Personal Leave program, departments will offer employees the opportunity to cash out accrued personal leave. Upon retirement/separation, the cash value of the employee’s personal leave balance may be transferred into a State of California, CalHR Deferred Compensation Program as permitted by Federal and State law. w.

1. PLP 2010, PLP 2012, and PLP 2020 shall be requested and used by the employee in the same manner as vacation/annual leave and personal leave. Requests to use PLP 2010, PLP 2012, and PLP 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave and personal leave.
2. PLP 2012 and PLP 2020 must be used before any other leave with the exception of sick leave. However, employees may use Personal Development Days prior to PLP 2020, and employees may elect to use PLP 2020 in lieu of approved sick leave.
3. PLP 2020 may be cashed out upon separation from state service

1. Eligible Unit 7 employees may receive up to forty (40) hours of "Mentoring Leave" per calendar year to participate in mentoring activities once they have used an equal amount of their personal time for these activities. "Mentoring Leave" is paid leave time which may only be used by an employee to mentor. This leave does not count as time worked for purposes of overtime. "Mentoring Leave" may not be used for travel to and from the mentoring location.

2. An employee must use an equal number of hours of their personal time (approved annual leave, vacation, personal leave, personal holiday, or CTO during the work day and/or personal time during non-working hours) prior to requesting "Mentoring Leave." For example, if an employee requests two (2) hours of "Mentoring Leave", the employee must have used two (2) verified hours of their own personal time prior to receiving approval for the "Mentoring Leave". "Mentoring Leave" does not have to be requested in the same week or month as the personal time was used. It does, however, have to be requested and used before the end of the calendar year.

3. Prior to requesting "Mentoring Leave" and in accordance with departmental policy, an employee shall provide their supervisor with verification of personal time spent mentoring from the mentoring organization.

4. Leave requests for mentoring activities are subject to approval requirements in this agreement and in existing departmental policies. Requests for approval of mentoring leave are subject to operational needs of the State, budgetary limits, and any limitations imposed by law.

5. In order to be eligible for "Mentoring Leave", an employee must:

1. Have a permanent full-time appointment;

2. Have successfully completed the probationary period for their current position; and

3. Have committed to mentor a child or youth through a bonafide mentoring organization for a minimum of one (1) school year. (Most programs are aligned with the child's normal school year, however, there may be some that are less or more. Department management may make exceptions to the one (1) school year commitment based on the mentor program that is selected.)

6. In addition, an employee is not eligible to receive "Mentoring Leave" if:

1. The employee is assigned to a "POST" position in the Departments of Corrections or Youth Authority; or

2. The employee works in a level of care position in the Departments of Developmental Services, State Hospitals, Education or Veterans' Affairs.

7. Any appeals and/or disputes regarding this section shall be handled in accordance with the complaint procedure specified in section 6.2 of this contract.

1. With prior approval of the employee’s supervisor and under comparable conditions as provided for supervisors and managers in CalHR Rule 599.930, an employee may be granted time off for public service as a member of a Precinct Election Board.
2. The employee shall be eligible for both regular State compensation and any fee paid by the Registrar of Voters for such service. Verification of service may be required.

1. A leave of absence not exceeding thirty (30) workdays to any employee who is an organ donor in any one (1) year period, for the purpose of donating their organ to another person.
2. A leave of absence not exceeding five (5) days to any employee who is a bone marrow donor in any one-year period, for the purpose of donating their bone marrow to another person.
3. In order to receive a leave of absence an employee shall provide written verification to the appointing power that they are an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.
4. Any period of time during which an employee is required to be absent from their position by reason of being an organ or bone marrow donor is not a break in their continuous service for the purpose of their right to salary adjustments, sick leave, vacation, annual leave, or seniority.
5. If an employee is unable to return to work beyond the time or period, they are granted leave pursuant to this section, the employee shall be paid for any vacation balance, annual leave balance or compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee were taking time off. If, during the period of projection, the employee is able to return to work, they shall be returned to their former position as defined in Government Code Section 18522.

1. To care for the family member's child, parent, spouse, sibling or other person residing in the immediate household, who has a serious health condition, or a medical leave for the employee's own serious health condition as defined by the Family Medical Leave Act (FMLA), or for a parental leave to care for a newborn or adopted child.
2. The employee shall give notice to their immediate supervisor as soon as possible and shall, if requested by the supervisor, provide medical certification from a physician to support this request. The Department head or designee shall approve transfer of leave credits only after having ascertained that the leave is for an authorized reason. For family care leave for the employee's child, parent, spouse, sibling or other person residing in the immediate household, who has a serious health condition, this certification need not identify the serious health condition involved.
3. Sick leave credits cannot be transferred.
4. The receiving employee must have exhausted all leave credits.
5. The donations must be a minimum of a one (1) hour and in whole increments thereafter.
6. Transfer of leave credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.
7. The donated hours may not exceed three (3) months. However, if approved by the appointing authority, the total leave credits received may be six (6) months.
8. Donations shall be made on a form signed by the donating employee and verified by the donating department. Once transferred, donations will not be returned to the donor.

1. General: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) which is found at Title 38 U.S. Code, Chapter 43, Sections 4301-4333 covers rights and obligations of employees who are absent while service in the Uniformed Services and the obligations of their employers. For California State employees USERRA is supplemented by the California Government Code Sections 19770 through 19786.
   
   This section of the MOU serves as a summary of the relevant duties and obligations of both the employees and employer under the law.
1. Service in the Uniformed Services (military service) means the performance of duty in a Uniformed Service. The Uniformed Services consists of:
1. Army, Navy, Air Force, Marine Corps, or Coast Guard
2. Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve
3. Army or Air National Guard
4. Commissioned Corps of the Public Health Service
5. Others as designated by the President in time of war or emergency
2. Duty in the Uniformed Services (military service) can be voluntary or involuntary and consists of the following:
1. Active duty (including initial or reoccurring training)
2. Inactive duty training
3. Absence from work for an examination to determine a person’s fitness for any of the above types of duty
2. Advance Notice of Military Leave: Unless prevented by “military necessity,” or in cases where advance notice is unreasonable or impossible, the employee is required to provide the employer with advanced notice of all military service.
1. Notice may either be written or oral. The notice may be provided either by the employee or by an appropriate officer of the branch of military service in which the employee will be serving.
2. USERRA does not specify a minimum period of time for advanced notice. Employees are expected to make a good faith effort to notify their employer when they are notified or volunteer for military service. Typically, employees will provide a copy of their drill schedule within thirty (30) days of receipt from the employee’s company officer.
3. Leave for Military Service: Once an employee has been scheduled for military service the Department is required to approve leave for the employee to complete their service commitment.
1. Employees are allowed, but not required, to use accrued leave credits (other than sick leave) to complete their military service commitment. Employees may, at their discretion, elect to take a leave without pay while performing military service.
2. The employee must actually attend and complete the military service on the scheduled dates. The employee shall not obtain approval to fulfill military service obligations on Saturday and/or Sunday, then complete their military obligation (without the department’s knowledge) on the employee’s RDOs (if other than Saturday and/or Sunday), and then use the pre-approved Saturday and/or Sunday leave for non-military, personal reasons. If an employee fails to notify management that the time on the weekend is no longer required for attendance at a military obligation, and still takes the time off, the employee may be subject to discipline.
   
   For example, an employee’s RDOs are Tuesday/Wednesday and they are scheduled to attend a weekend reserve drill on Saturday/Sunday. Then this employee subsequently fulfills the drill obligation by attending pre-drill or post-drill on their RDOs on Tuesday/Wednesday. This employee is then required to notify State management of this change as soon as possible. Authorization to use leave credits to cover the Saturday/Sunday drill period is thus automatically rescinded.
3. Upon request, an employee who is scheduled for a reserve drill period will have their schedule accommodated for the workweek in which the reserve drill period is scheduled such that the shift and Regular Days Off (RDOs) will coincide with the scheduled reserve drill period. The employee will be afforded the opportunity to move to second watch or stay on current watch (e.g., BU7 employee has RDOs on Tuesdays and Wednesdays. The employee is then scheduled for their reserve drill obligation on Friday and Saturday. So the employee does not have to burn their own time accrued leave, the department is willing to change the employee’s RDOs upon the employee’s request from T/W to F/S for that week).
4. The employer will continue to adhere to the requirements of the California Government codes, and applicable Federal laws for leaves as described under Section A above.
4. Sick Leave During Military Service: If an employee becomes unable to fulfill their scheduled military service obligation due to illness/injury, the employee is required to notify their employer so the absence can be appropriately recorded as sick leave. The employee must submit, with the 998A form, verification from the military confirming the absence from military service was due to illness or injury.
5. Reporting Back to Work After Military Service: Time limits for reporting to work after military service depend on the length of the military service completed.
1. For periods of service less than thirty-one (31) days, and fitness examinations, the employee must report to work at the beginning of the regularly scheduled work day following completion of the service plus a period for safe transportation to the person’s residence and an additional 8 hours rest period.
   
   As an example, an employee may be released from military service duty at 5:00 p.m. Sunday and arrive home at 8:00 p.m. Sunday, after a three-hour commute. Once the employee has arrived home they are entitled to an eight-hour rest period. After the rest period the employee must report to the employer no later than the beginning of the first regularly scheduled workday. In this case an employee could be required to report to work at 6:00 a.m. on Monday morning.
2. For periods exceeding thirty (30) days reference USERRA.
6. The parties agree that this section is not subject to the grievance and arbitration provisions but does not diminish any rights and remedies that are provided under State and Federal law.

When a BU 7 employee suffers a death due to illness or injury which was not incurred in the line of duty, a request may be made to the Department designed to allow employees to donate leave credits (CTO, annual leave, vacation, personal leave, excluding sick leave) to the leave bank of that employee. The value of the donated leave credits is considered wages subject to State, Federal and Medicare Tax withholding and is paid by the donor. The value of this time minus the mandatory tax withholding, may be converted to provide direct financial assistance to the beneficiary designated on the employee’s STD 243 (Designation of Beneficiary) form. As funding permits, a maximum limit of financial assistance will be determined by the Department designee. The value of any leave transferred under this Section is reportable on the donor’s annual form W-2, Wage and Tax Statement.

1. Consolidated Benefits (CoBen) Program Description
1. CoBen Allowance
   
   Effective on the first day of the pay period following ratification of this agreement by both parties, the State will continue to pay the contribution rates established on January 1, 2023 for the Consolidated Benefits (CoBen) Allowance. The allowance is based on the Health Benefit party codes in a health plan administered or approved by CalPERS.
   
   

   a.	The State shall contribute $735 per month for coverage of an eligible employee. (Party code one)
   b.	The State shall contribute $1,461 per month for coverage of an eligible employee plus one (1) dependent. (Party code two)
   c.	The State shall contribute $1,888 per month for coverage of an eligible employee plus two (2) or more dependents. (Party code three)

   The employer health benefits contribution for each employee shall be a flat dollar amount equal to eighty percent (80%) of the weighted average of the Basic health benefit plan premiums for a State active civil service employee enrolled for self-alone, during the benefit year to which the formula is applied, for the four (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional eighty percent (80%) of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. The established flat dollar amounts shall be increased or decreased as appropriate pursuant to the formulas above on January 1, 2024, January 1, 2025, and January 1, 2026. There shall be no further increase or decrease to the amount(s) in subsequent years without a negotiated agreement.
   
   To be eligible for CoBen contributions, an employee must positively enroll in a health plan administered or approved by CalPERS and/or a dental plan administered or approved by CalHR.
2. Enrollment Options
   
   Employees will be permitted to choose a different level of benefit coverage according to their personal needs, and the State’s allowance amount will depend on an employee’s selection of coverage and number of enrolled dependents. The State agrees to provide the following CoBen benefits:
1. If the employee is enrolled in both a health plan administered or approved by CalPERS and a dental plan administered or approved by CalHR, the health benefit enrollment party code will determine the allowance amount.
2. If the employee declines a health benefit plan which is administered or approved by CalPERS and certifies that they have qualifying group health coverage from another source, the employee’s dental benefit enrollment party code will determine the amount of the contribution.
3. If the employee elects not to enroll in a health plan administered or approved by CalPERS and in a dental plan administered or approved by CalHR and certifies that they have qualifying group health coverage and dental coverage from other sources, the employee may enroll in the CoBen Cash Option program during the open enrollment period or as newly eligible to receive one hundred fifty-five dollars ($155) in taxable cash per month. Cash will not be paid in lieu of vision benefits and employees may not disenroll from vision coverage. Employees do not pay an administrative fee.
4. If the employee elects not to enroll in a health plan administered or approved by CalPERS and certifies that they have qualifying health coverage from another source, but enrolls in a dental plan administered or approved by CalHR, the employee may enroll in the CoBen Cash Option program during the open enrollment period or as newly eligible to receive one hundred thirty dollars ($130) per month. (The State will pay the premium cost of the dental plan and vision plan). Cash will not be paid in lieu of dental benefits only or vision benefits, and employees may not disenroll from vision coverage. Employees do not pay an administrative fee.
5. Permanent Intermittent (PI) employees shall be eligible to participate in the CoBen Cash Option and receive a six-month cash payment for the first control period of each plan year if they meet all of the following criteria:
   
   

   (1)	must be eligible to enroll in health or health and dental coverage as of January 1 of the Plan Year for which they are enrolling and;
   (2)	must have a PI appointment which is effective from January 1 through June 30 of the Plan year for which they are enrolling and;
   (3)	must be paid for at least four hundred eighty (480) hours during the January through June control period for the Plan Year in which they are enrolling and;
   (4)	must have submitted the enrollment form during the CoBen open enrollment period or are newly eligible.

   This subdivision is not grievable or arbitrable.
6. If the monthly cost of any of the State’s benefit plans (health, dental and vision) in which an employee elects to enroll exceeds the State’s maximum allowance amount as set forth in subsection A.1.a. b. or c., or A. 2. above, the employee shall pay the difference on a pre-tax basis. If there is money left over after the cost of these benefits is deducted, the remaining amount will be paid to the employee as taxable cash.
2. Health Benefits Eligibility
1. Employee Eligibility
   
   For purposes of this section, “eligible employee” shall be defined by the Public Employees’ Medical and Hospital Care Act.
2. Permanent Intermittent (PI) Employees
1. Initial Eligibility – A permanent intermittent employee will be eligible to enroll in health benefits during each calendar year if the employee has been credited with a minimum of four hundred eighty (480) paid hours in a PI control period. For purposes of this section, the control periods are January 1 through June 30 and July 1 through December 31 of each calendar year. An eligible permanent intermittent employee must enroll in a health benefit plan within sixty (60) days from the end of the qualifying control period.
2. Continuing Eligibility – To continue health benefits, a permanent intermittent employee must be credited with a minimum of four hundred eighty (480) paid hours in a control period or nine hundred sixty (960) paid hours in two (2) consecutive control periods.
3. Family Member Eligibility
   
   For purposes of this section, “eligible family member” shall be defined by the Public Employees’ Medical and Hospital Care Act and includes domestic partners that have been certified with the Secretary of State’s office in accordance with AB26 (Chapter 588, Statues of 1999).
4. The parties agree to work cooperatively with CalPERS and the health plans to control premium increases.
3. Dental Benefits
1. Contribution
   
   The employer contribution for dental shall be included in the Consolidated Benefits Allowance as specified in subsection A.1 and A 2.
2. Employee Eligibility
   
   Employee eligibility for dental benefits will be the same as that prescribed for health benefits under subsection B.1. and B.2. of this agreement.
3. Family Member Eligibility
   
   Family member eligibility for dental benefits is the same as that prescribed for health benefits under subsection A.2. and B.3. of this agreement.
4. Vision Benefit
1. Program Description
   
   The employer agrees to provide a vision benefit to eligible employees and dependents. The employer contribution rates for the vision benefit shall be included in the Consolidated Benefits Allowance as specified in subsection A.1. and A.2. The vision benefit provided by the State shall have an employee copayment of ten dollars ($10) for the comprehensive annual eye examination and twenty-five dollars ($25) for materials.
2. Employee Eligibility
   
   Employee eligibility for vision benefits will be the same as that prescribed for health benefits under subsection B.1. and B.2. of this agreement.
3. Family Member Eligibility
   
   Family member eligibility for vision benefits will be the same as that prescribed for health benefits under subsection A.2. and B.3 of this agreement.
5. FlexElect Program
1. Program Description
   
   The State agrees to provide a flexible benefits program (FlexElect) under Internal Revenue Code section 125 and related sections 105(b), 129, and 213(d). All participants in the FlexElect Program shall be subject to all applicable state and federal laws; and any related administrative provisions adopted by CalHR. The administrative fee paid by participants will be determined each year by CalHR.
1. Employees who meet the eligibility criteria stated in subsection B.1. will also be eligible to enroll into a Medical Reimbursement and/or Dependent Care Reimbursement Account (excluding permanent intermittent).
2. Employee Eligibility
   
   To enroll in the FlexElect Medical Reimbursement Account or Dependent Care Reimbursement Account, employees must have a permanent appointment with a time-base of half time or more and have permanent status, or if in a limited term or a temporary authorized (TAU) position, must have mandatory return rights to a permanent position (not permanent intermittent). Permanent Intermittent employees are not eligible for the FlexElect Medical Reimbursement Account or the Dependent Care Reimbursement Account.
6. Lifeguard II (Seasonal)
   
   The State agrees to continue the established practice of providing dental and vision coverage for Unit 7 Seasonal Lifeguards, consistent with the enrollment and eligibility criteria described under Section 10.1, subsections C. and D.

1. The State will provide counseling services for Unit 7 permanent employees and their dependents. Counseling sessions shall be confidential.
2. Counseling services shall be provided by an independent contractor.

1. A Peace Officer or Firefighter who loses the ability to work for more than twenty-two (22) workdays on the forty (40) hour clock as the result of an injury incurred in the official performance of their duties may be eligible for a financial augmentation to the existing industrial disability leave (IDL) benefits. Such injury must have been as a direct consequence of (1) a "criminal act of violence" perpetrated on the person of the peace officer or firefighter who was performing in the line of duty; (2) or as a result of providing medical aid, (3) engaging in a life saving effort, responding to or returning from a false alarm, (4) while on any other type of emergency response, or (5) in the course of responding to, returning from, or fighting an active fire.
   
   A “criminal act of violence” means an act which results in injury to the peace officer or firefighter, and which would constitute a misdemeanor or felony if pursued to conviction.
   
   An active fire is defined in PRC 4103, 4104, 4170, and 4170.5.
2. EIDL eligibility and benefits may not exceed fifty-two (52) weeks [three hundred sixty-five (365) calendar days] within two (2) years of the first day (i.e., date) of lost time. The employee's full gross salary is reduced by the amount of Federal and State income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administration charge, tax sheltered annuity or Flex-elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
3. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the qualifying incident as described in section (A) above, as determined by the department director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origins.
4. The final decisions as to whether an employee is eligible for, or continues to be eligible for EIDL, shall rest with the department director or designee. The Department may periodically review the employee's condition to determine an employee's continued eligibility for EIDL.
5. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
6. This section relating to EIDL is grievable only to the third (3rd) step of the grievance procedure of this MOU.
7. This section does not apply to the Bargaining Unit 7 Peace Officers employed by Department of Justice or Department of Fish and Wildlife in accordance with section 4800 of the Labor Code.
8. Bureau of Forensic Services – DOJ
   
   The parties agree that Criminalists, Photo Electronic Specialists and Latent Print Analysts with the Department of Justice’s Bureau of Forensic Services (DOJ-BFS) who serve as Crime Scene Responders, handle and examine (identify) evidence and preserve (collect) samples for later laboratory analysis where controlled environmental conditions can apply. Therefore, in recognition of the hazards and risks of occupational exposures at Clandestine Laboratory investigations and other crime scene investigations, the parties agree that the Enhanced Industrial Disability Leave benefits as set forth in the criteria under this section, shall apply to an employee with the DOJ-BFS who incurs an injury while at a crime scene and while performing his or her official duties as a crime scene responder.
9. Consumer Affairs
   
   The parties agree that Enhanced Industrial Disability leave benefits as set forth in the criteria under this section, shall apply to the classification of Inspectors, Department of Consumer Affairs and Program Representative, Bureau of Automotive Repair, who suffers an injury as a result of an assault while performing said duties of the above referenced classifications.
10. Motor Vehicles
    
    The parties further agree that the Enhanced Industrial Disability Leave benefits as set forth in the criteria under this section, shall apply to a Licensing Registration Examiner within the Department of Motor Vehicles who suffers injury as a result of involvement in an automobile accident while performing a driving examination, or as a result of a criminal act of violence, as defined by A. (1).

1. This Enhanced Non-Industrial Disability Insurance (ENDI) provision is only applicable to employees participating in the annual leave program referenced in section 9.4.
2. ENDI is a program for State employees who become disabled due to non- work-related disabilities as defined by section 2626 of the Unemployment Insurance Code.
3. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at fifty percent (50%) of their gross salary, payable monthly for a period not exceeding twenty-six (26) weeks for any one-disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive workdays. Paid leave shall not be used to cover the ten (10) workdays. Disability payments may be supplemented with annual leave, sick leave, or partial payment to provide for up to one hundred percent (100%) income replacement. At the time of an ENDI claim, an employee may elect either the fifty percent (50%) ENDI benefit rate or a supplementation level of seventy-five percent (75%) or one hundred percent (100%) at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period. Absent sufficient supplementation, ENDI payments are not considered a qualifying pay period under CalHR Rules 599.608 and 599.609.
4. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balances may be used to cover this waiting period. The waiting period may be waived commencing with the first full day of confinement in a hospital, nursing home, or emergency clinic for at least one (1) full day. A full day is defined as a twenty-four (24) hour period starting at midnight.
5. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, they are not required to exhaust the accrued leave balance.
6. Following the start of ENDI payments an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted.
7. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their full-time work during the period of their disability, may upon the discretion of the appointing power, work those hours (in hour increments) which when combined with the ENDI benefit will not exceed one hundred percent (100%) of their regular “full pay”. This does not qualify the employee for a new disability period under (C) of this Section. The appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the Director or the Employment Development Department for the purpose of evaluating the capacity of the employee to perform the work of their position.
8. If an employee refuses to return to work in a position offered by the employer under the State’s Injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer.
9. Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the eighteen (18) monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for ENDI payments on the first day of the monthly pay period following completion of nine hundred sixty (960) hours of compensated work.
10. All other applicable CalHR laws and regulations not superseded by these provisions will remain in effect.
11. Upon approval of ENDI benefits, the State may issue an employee a salary advance if the employee so requests.
12. All appeals of an employee’s denial of ENDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights, which are not related to an individual’s denial of benefits.
13. Employees who become covered in the annual leave program while on a Non-Industrial Disability Insurance (NDI) claim shall continue to receive NDI pay at the old rate for the duration of the claim.
14. Employees who do not elect the annual leave program will receive NDI benefits in accordance with the current program in section 10.5 and such benefits are limited to one hundred thirty-five dollars ($135) per week, or as provided by law, whichever is greater.

1. Non-Industrial Disability Insurance (NDI) is a program for State employees who become disabled due to non-work-related disabilities as defined by section 2626 of the Unemployment Insurance Code.
2. For periods of disability commencing on or after October 1, 1984, eligible employees shall receive NDI payments at sixty percent (60%) of their full pay, not to exceed one hundred thirty-five dollars ($135) per week or as provided by law or whichever is greater, payable monthly for a period not exceeding twenty-six (26) weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive workdays. Paid leave shall not be used to cover the ten (10) workdays.
3. The employee shall serve a ten (10) consecutive calendar day waiting period before NDI payments commence for each disability. Accrued vacation or sick leave balances may be used to cover this waiting period. The waiting period may be waived commencing with the first full day of confinement in a hospital or nursing home for at least one (1) full day. A full day is defined as a twenty- four (24) hour period starting at midnight.
4. If the employee elects to use vacation, annual leave, personal leave or sick leave credits prior to receiving NDI payments, they are not required to exhaust the accrued leave balance.
5. Following the start of NDI payments, an employee may, at any time, switch from NDI to sick leave, vacation leave, annual leave, personal leave, or catastrophic leave but may not return to NDI until that leave is exhausted.
6. In accordance with the State's "return to work" policy, an employee who is eligible to receive NDI benefits and who is medically certified as unable to return to full-time work during the period of their disability, may upon the discretion of the appointing power work those hours (in hour increments) which, when combined with the NDI benefit, will not exceed one hundred percent (100%) of their regular "full pay". This does not qualify the employee for a new disability period under (B) of this Section. The appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluating the capacity of the employee to perform the work of their position.
7. If an employee refuses to return to work in a position offered by the employer under the State's Injured State Worker Assistance Program, NDI benefits will be terminated effective the date of the offer.
8. Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the eighteen (18) monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for NDI payments on the first day of the monthly pay period following completion of nine hundred sixty (960) hours of compensated work.
9. All other applicable CalHR laws and regulations not superseded by these provisions will remain in effect.
10. Upon approval of NDI benefits, the State may issue an employee a salary advance if the employee so requests.
11. All appeals of a denial of an NDI employee's benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to the denial of an individual's benefits.

Employees who are enrolled in any health and/or dental plan which requires a portion of the premium to be paid by the employee, will automatically have their out-of-pocket premium costs taken out of their paycheck before Federal, State and Social Security taxes are deducted. Employees who choose not to have their out-of-pocket costs pre-taxed, must make an election not to participate in this benefit.

1. Employees in classes assigned to Bargaining Unit 7 are eligible to enroll in any long-term care insurance plan sponsored by the CalHR. The employee's spouse, siblings, parents, and the spouse's parents are also eligible to enroll in the plans, subject to the underwriting criteria specified in the plan.
2. The long-term care insurance premiums and the administrative cost to the CalHR and the State Controller’s Office shall be fully paid by the employee and are subject to payroll deductions. .

1. A Unit 7 employee, when required to submit to a medical examination pursuant to Government Code section 19253.5, shall be provided with a written statement indicating the reasons for the examination. The parties recognize that the employer must take reasonable precautions to ensure the safety, security, and well-being of other employees who may have offered information germane to the circumstances leading to the examination.
2. Such examination shall be conducted by a licensed physician or under their direction.
3. The cost of the examination shall be paid by the employer.
4. The employer is aware of the restrictions on medical confidentiality pursuant to Civil Code section 56.10, and in no event shall supervisors attempt to be present when an employee is being examined by a medical provider.

Eligible Unit 7 employees as currently described in Government Code section 20391, 20392, 20393, 20395 shall be enrolled in the State retirement formula known as the "Peace Officer/Fire Fighter" retirement formula, unless they have elected otherwise pursuant to applicable rules.

Eligible Unit 7 employees receive the Public Employees' Retirement System 1959 Survivor allowance under Government Code sections 21574.7 and 21581.

1. To the extent permitted by federal and state law, effective January 1, 2002 [or no later than four (4) months following ratification of this agreement by both parties] employees who separate from State service who are otherwise eligible to cash out their vacation and/or annual leave balance, may ask the State to tax defer and transfer a designated monthly amount from their cash payment into their existing 457 or 401(k) plan offered through the State’s Savings Plus Program (SPP).
2. If an employee does not have an existing 457 and/or 401(k) plan account, they must enroll in the SPP and become a participant in one (1) or both plans no less than sixty (60) days prior to the date of separation.
3. Such transfers are subject to and contingent upon all statutes, laws, rules, and regulations authorizing such transfers including those governing the amount of annual deferrals.

1. Unit 7 employees of the Peace Officer/Firefighter (PO/FF) retirement plan who are employed on or after January 1, 2004 and prior to January 15, 2011, shall be subject to the 3% at 50 service retirement formula prescribed in Government Code section 21363.8.
2. PO/FF retirement members first employed by the State on or after January 15, 2011, and prior to January 1, 2013, and qualify for CalPERS membership are subject to the PO/FF B Retirement Formula. The PO/FF B Retirement Formula does not apply to:
   
   

   ·	Former state employees who return to state employment on or after January 15, 2011.
   ·	State employees hired prior to January 15, 2011, who were subject to the Alternate Retirement Program (ARP).
   ·	State employees on approved leave of absence prior to January 15, 2011, who return to active employment on or after January 15, 2011.
   ·	Persons who are already members or annuitants of the California Public Employees’ Retirement System as a State employee prior to January 15, 2011.

   The above categories are subject to the PO/FF A retirement formula.
3. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013, and who are not eligible for reciprocity with another California public employer as provided in Government Code section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
4. The table below lists the age/benefit factors for the PO/FF A, PO/FF B, and PEPRA PO/FF retirement formulas.
   
   

   Age at Retirement	PO/FF A Formula (3% at age 50) G.C. 21363.8	PO/FF B Formula (2.5% at age 55) G.C. 21363	PEPRA PO/FF Formula (2.5% at age 57) – G.C. 7522.25(c)
   	Employees hired prior to January 15, 2011	Employees first hired on and after January 15, 2011 and prior to January 1, 2013	Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	3.000	2.000	2.000
   51	N/A	2.100	2.071
   52	N/A	2.200	2.143
   53	N/A	2.300	2.214
   54	N/A	2.400	2.286
   55	N/A	2.500	2.357
   56	N/A	N/A	2.429
   57	N/A	N/A	2.500

5. Employee Retirement Contribution
1. As stated in Government Code Section 20683.2, effective July 1, 2013, Unit 7 PO/FF members shall contribute an additional one and one-half percent (1.5%) to retirement; PO/FF members shall contribute eleven and one-half percent (11.5%) of pensionable compensation in excess of $513 for retirement.
2. As stated in Government Code Section 20683.2, effective July 1, 2014, Unit 7 PO/FF members shall pay an additional one and one-half percent (1.5%) to retirement; PO/FF members shall contribute thirteen percent (13%) of pensionable compensation in excess of $513 for retirement.
3. Effective July 1, 2022, the employee contribution rates described in 11.4(E)(2) for PO/FF A, PO/FF B, and PEPRA PO/FF retirement formulas shall be increased by one percent (1%). PO/FF members shall contribute fourteen percent (14%) of pensionable compensation in excess of $513 for retirement.
4. Effective July 1, 2023, the employee contribution rates described in 11.4(E)(3) for PO/FF A, PO/FF B, and PEPRA PO/FF retirement formulas shall be increased by one percent (1%). PO/FF members shall contribute fifteen percent (15%) of pensionable compensation in excess of $513 for retirement.
6. Final Compensation
   
   Final Compensation for a Unit 7 PO/FF employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 15, 2011, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final Compensation for a Unit 7 PO/FF employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 15, 2011, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. State Safety retirement members first employed by the State prior to January 15, 2011, are subject to the State Safety A Retirement Formula.
2. State Safety retirement members first employed by the State on or after January 15, 2011, and prior to January 1, 2013, and qualify for CalPERS membership are subject to the State Safety B Retirement Formula. The State Safety B Retirement Formula does not apply to:
   
   

   ·	Former state employees who return to state employment on or after January 15, 2011.
   ·	State employees hired prior to January 15, 2011, who were subject to the Alternate Retirement Program (ARP).
   ·	State employees on approved leave of absence prior to January 15, 2011, who return to active employment on or after January 15, 2011.
   ·	Persons who are already members or annuitants of the California Public Employees’ Retirement System as a State employee prior to January 15, 2011.

   The above categories are subject to the State Safety A Retirement Formula.
3. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013, and who are not eligible for reciprocity with another California public employer as provided in Government Code Section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
4. The table below lists the age/benefit factors for the State Safety A, State Safety B, and PEPRA State Safety retirement formulas. 
   
   

   Age at Retirement	State Safety A Formula (2.5% at age 55) G.C. 21369.1	State Safety B Formula (2% at age 55) G.C. 21369	PEPRA State Safety Formula (2% at age 57) G.C. 7522.25(b)
   	Employees hired prior to January 15, 2011	Employees first hired on and after January 15, 2011 and prior to January 1, 2013	Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	1.7000	1.426	1.426
   51	1.8000	1.522	1.508
   52	1.9000	1.628	1.590
   53	2.0000	1.742	1.672
   54	2.2500	1.866	1.754
   55	2.5000	2.000	1.836
   56	N/A	N/A	1.918
   57 and over	N/A	N/A	2.000

5. Employee Retirement Contribution
1. As stated in Government Code Section 20683.2, effective July 1, 2013, State Safety members shall contribute an additional one percent (1%) retirement contribution; State Safety members shall contribute ten percent (10%) of monthly pensionable compensation in excess of $317 for retirement.
2. As stated in Government Code Section 20683.2, effective July 1, 2014, State Safety members shall pay an additional one percent (1%) retirement contribution; State Safety members shall contribute eleven percent (11%) of pensionable compensation in excess of $317 for retirement.
3. Effective July 1, 2023, the employee contribution rates described in 11.5(E)(2) for State Safety A, State Safety B, and PEPRA State Safety retirement formulas shall be increased by one-half percent (0.5%). State Safety members shall contribute eleven and one-half percent (11.5%) of pensionable compensation in excess of $317 for retirement.
6. Final Compensation
   
   Final Compensation for a Unit 7 State Safety employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 1, 2007, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final Compensation for a Unit 7 State Safety employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 1, 2007, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. Miscellaneous/Industrial First Tier members first employed by the State on or after January 1, 2000, and prior to January 15, 2011, are subject to the First Tier A retirement formula prescribed in Government Code Section 21354.1, except where otherwise provided by Government Code.
2. Miscellaneous/Industrial First Tier members first employed by the State on or after January 15, 2011, and prior to January 1, 2013, and qualify for CalPERS membership are subject to the First Tier B Retirement Formula prescribed in Government Code Section 21353.
3. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013, and who are not eligible for reciprocity with another California public employer as provided in Government Code Section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA Government Code Section 7522.20.
4. The table below lists the First Tier age/benefit factors for the First Tier A, First Tier B, and PEPRA First Tier retirement formulas.
   
   

   Age at Retirement	First Tier A Formula (2% at age 55) G.C.  21354.1 Employees hired prior to January 15, 2011	First Tier B Formula (2% at age 60) G.C. 21353 Employees First hired on and after  January 15, 2011,  and prior to  January 1, 2013	PEPRA First Tier Formula (2% at age 62) G.C. 7522.20 Employees eligible for CalPERS membership for the time on and after January 1,  2013
   50	1.100	1.092	N/A
   51	1.280	1.156	N/A
   52	1.460	1.224	1.000
   53	1.640	1.296	1.100
   54	1.820	1.376	1.200
   55	2.00	1.460	1.300
   56	2.064	1.552	1.400
   57	2.126	1.650	1.500
   58	2.188	1.758	1.600
   59	2.250	1.874	1.700
   60	2.314	2.00	1.800
   61	2.376	2.134	1.900
   62	2.438	2.272	2.000
   63	2.500	2.418	2.100
   64	2.500	2.418	2.200
   65	2.500	2.418	2.300
   66	2.500	2.418	2.400
   67	2.500	2.418	2.500

5. Employee Retirement Contribution
1. As stated in Government Code Section 20677.71, State Miscellaneous/Industrial First Tier members shall contribute eight percent (8%) of monthly compensation in excess of five hundred thirteen dollars ($513) for retirement.
2. Effective July 1, 2023, the employee contribution rates described in 11.6(E)(1) for the First Tier A, First Tier B, and PEPRA First Tier retirement formulas shall be increased by one-half percent (0.5%). State Miscellaneous/Industrial First Tier members shall contribute eight and one-half percent (8.5%) of pensionable compensation in excess of $513 for retirement. 
6. Final Compensation
   
   Final Compensation for a Unit 7 Miscellaneous/Industrial employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 1, 2007, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final Compensation for a Unit 7 Miscellaneous/Industrial employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 1, 2007, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. Second Tier members first employed by the State and subject to CalPERS membership prior to January 1, 2013 are subject to the Pre-PEPRA Second Tier retirement formula.
2. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013 and who are not eligible for reciprocity with another California public employer as provided in government Code Section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
3. Employee Retirement Contribution
   
   As stated in Government Code Section 20683.2, effective July 1, 2013, Second Tier members, including ARP members, shall contribute one and one-half percent (1.5%) of monthly pensionable compensation for retirement, and will increase by 1.5% points annually. The final annual increase in the contribution rate shall be adjusted as appropriate to reach fifty percent (50%) of normal cost.
4. Final Compensation
   
   Final Compensation for a Unit 7 State Safety employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 1, 2007, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final Compensation for a Unit 7 First Tier employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 1, 2007, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. PEPRA Definition of “Pensionable Compensation
   
   ”Retirement benefits for employees subject to PEPRA are based upon the highest average pensionable compensation during a thirty-six (36) month period. Pensionable compensation shall not exceed the applicable percentage of the contribution and benefit base specified in Title 42 of the United State Code Section 430 (b). The 2013 limits are $113,700 for members subject to Social Security and $136,440 for members not subject to Social Security. The limit shall be adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
2. Alternate Retirement Program – New Employees
   
   Employees first hired on or after July 1, 2013, shall not be subject to the Alternate Retirement Program (ARP). Existing ARP members are required to complete the twenty-four (24) month enrollment period. Upon completion of the twenty-four (24) month period, the employee shall make contributions to CalPERS. ARP members shall continue to be eligible for payout options beginning the first day of the 47th month of employment and ending on the last day of the 49th month of employment following his or her initial ARP hire date.
3. Equal sharing of Normal Cost
   
   As stated in Government Code Sections 7522.30 and 20683.2, equal sharing between the State employer and State employees of the normal cost of the defined benefit plans shall be the standard for all plans and employees. It shall be the standard that all employees pay at least fifty percent (50%) of the normal cost and the State employer shall not pay any of the required employee contributions. “Normal cost” is determined annually by CalPERS.

1. Pick-Up of Employee Contributions
   
   In accordance with section 414(h) (2) of the Internal Revenue Code, the Employer may “pick up” the Employee Contributions under the following terms and conditions:
   
   

   ·	the contributions made by the Employer to CalPERS, although designated as Employee Contributions, are being paid by the Employer in lieu of contributions by the employees who are members of CalPERS;
   ·	employees do not have the option of choosing to receive the contributed amounts directly instead of having them paid by the Employer to CalPERS;
   ·	the Employer is paying to CalPERS the contributions designated as Employee Contributions from the same source of funds as used in paying salary; and
   ·	the amount of the contributions designated as Employee Contributions and paid by the Employer to CalPERS on behalf of an employee is the entire contribution required of the employee under CalPERS.

2. Tax Characterization of Picked-Up Employee Contributions
   
   All Employee Contributions picked up by the Employer in accordance with Section 414(h)(2) of the Internal Revenue Code are, for tax purposes, treated as employer contributions and therefore are not includable in employees’ taxable income until distributed from CalPERS. This section formalizes the Employer’s continuing characterization of Employee Contributions as employer contributions under Section 414(h) (2). Accordingly, Employee Contributions covered by this article will continue to be excluded from employees’ taxable income under Section 414(h) (2).
3. Wage Adjustment
   
   Notwithstanding anything to the contrary, employees’ salary will be reduced by the amount of Employee Contributions that are made by the Employer in accordance with the terms of this section.
4. Limitations of Operability
   
   This section will be operative only as long as the Employer pick-up of Employee Contributions continues to be excludable from employees’ taxable income under the Internal Revenue Code.
5. No Arbitration
   
   The parties agree that nothing in this section will be subject to the grievance and arbitration procedures set out in this collective bargaining agreement.

Appendix 1 – Effective upon the implementation date provided by the State to CSLEA, as determined by the State. Appendix 1-12.1 Business and Travel Expenses shall be operative and replace this language contained below.

During the term of this agreement, the parties agree that the State may apply any future changes to the business and travel expense reimbursement program for excluded employees to BU 7 employees.

1. When the State requires a uniform to be worn as a condition of employment and does not provide such a uniform, the State shall authorize a uniform allowance based upon actual costs for an amount to be determined by the State for eligible employees. "Uniform" means outer garments, including boots, which are required to be worn exclusively while carrying out the duties and responsibilities of the position and which are different from the design or fashion of the general population. This definition includes items that serve to identify the person, agency, functions performed, rank or time in service. Employees shall be responsible for the purchase of a required uniform as a condition of employment. Employees shall wear their required uniform only in an official capacity.
1. Full-time employees in the following classifications will receive a Uniform Replacement Allowance up to nine hundred fifty dollars ($950.00).
   
   

   Arson and Bomb Investigator

   Communications Operator, Cal Fire

   Conservationist I, CCC

   Conservationist II, CCC

   Coordinator (Law Enforcement), OES

   Coordinator (Fire Services), OES

   Department of Justice Security Officer

   Deputy State Fire Marshal

   Deputy State Fire Marshal III (Specialist)

   Fish and Wildlife Warden

   Fish and Wildlife Warden Cadet

   Fire Fighter

   Captain Firefighter/Security Officer

   Firefighter/Security Officer

   Hospital Police Officer

   Lieutenant (Specialist), Fish and Wildlife

   Museum Security Officer

   Exposition Police Officer

   Oil Spill Prevention Specialist

   Peace Officer I - Developmental Center

   State Park Peace Officer Cadet (Ranger)

   State Park Peace Officer Cadet (Lifeguard)

   State Park Peace Officer (Lifeguard)

   State Park Peace Officer (Ranger)

   State Fair Police Officer and Sergeant

   State Fire Marshal Trainee

   Supervising Museum Security Officer

   Warden Pilot, Department of Fish and Wildlife

   
   

2. Less than full-time employees in the following classes will receive up to six hundred forty dollars ($640) in accordance with existing State laws, rules, and policies:
   
   

   Department of Justice Security Officer

   Hospital Police Officer

   Firefighter and Firefighter/Security Officer

   Captain Firefighter/Security Officer

   Oil Spill Prevention Specialist

   Peace Officer I – Developmental Center

   State Park Peace Officer Cadet (Ranger)

   State Park Peace Officer Cadet (Lifeguard)

   State Park Peace Officer (Lifeguard)

   State Park Peace Officer (Ranger)

   
   

3. Permanent full-time employees in the classification of Pool Lifeguard will receive a Uniform Replacement Allowance up to three hundred dollars ($300).
1. Less than full-time employees in the classification of Pool Lifeguard will receive up to three hundred dollars ($300), in accordance with existing State laws, rules, and policies.
4. Permanent full-time employees in the class of Marine Safety Inspector or Marine Specialist I shall receive a Uniform Replacement Allowance up to two hundred five dollars ($205).
1. Permanent full-time employees in the class of Marine Safety Specialist II shall receive a Uniform Replacement Allowance up to fifty-seven dollars ($57).
2. Less than full-time employees in the classes of Marine Safety Inspector/Specialist shall receive up to the maximum Uniform Replacement Allowance for their class in accordance with existing State laws, rules, and policies.
5. Employees in the classifications of Lifeguard I (Seasonal) and Lifeguard II (Seasonal) shall receive a uniform replacement allowance of fifty-five dollars ($55) for each period of one hundred sixty (160) hours of paid employment to be paid upon termination or furlough for any reason. The hours worked in excess of one hundred sixty (160) hours in a monthly period shall not be counted or accumulated.
6. Employees in the classification of Lifeguard (permanent intermittent) will receive a uniform replacement allowance up to fifty-five dollars ($55) for each period of one hundred sixty hours (160) hours of paid employment.
7. Limited term employees of the CCC will be responsible for purchasing their initial uniform complement as a condition of employment as prescribed in the California Conservation Corps Uniform Policy (Administrative Manual 2819). The Department shall reimburse eligible limited term employees for the replacement of uniform items listed in the department uniform specifications. The uniform will be required to be worn only in an official capacity.
1. In order to qualify for a uniform replacement allowance, a limited term employee's appointment must exceed twelve (12) months. The twelve (12) month qualifying period need not be consecutive. Employees who are appointed for a period of twelve (12) months or less shall not qualify for this allowance. Employees must be working on February 1 to be eligible for this allowance. Employees who have not completed one (1) full year of service as of February 1 shall be eligible for a prorated uniform replacement allowance based in the uniform replacement allowance amount of this contract section.
8. When the Department of Parks and Recreation requires cadets in state sponsored academy to purchase uniforms for wear at that academy and where the uniforms cannot be worn at the Mott Training Center or for subsequent employment with DPR, the Department agrees to reimburse the employee for these uniforms.
9. In addition to the annual allowances identified in A.1 and A.2 above, the employees identified in A.1, and A.2, shall receive twenty-five dollars ($25.00) per month for the maintenance and cleaning of the uniforms. This monthly allowance will not be considered compensation for use in computing retirement allowance. Employees shall receive payment in December of each year representing payment for the period on November 1 of the previous year through October 31 of the year in which the allowance is paid.
2. The uniform replacement allowance anniversary date for full-time Unit 7 employees identified in A.1. above shall continue to be February 1 of each year. Employees will receive their allowance based on that date in accordance with existing State laws, rules, and regulations. Employees who do not have one (1) full year of eligibility for the uniform replacement allowance as of February 1 of any year will receive an allowance pro-rated in accordance with existing laws, rules, and regulations.
3. It is understood by the parties that the Department has no control over the procedures and processes of the State Controller's Office and that such procedures and processes may impact the timeliness of the uniform replacement allowance checks.
4. Less than full-time Unit 7 employees identified in A.2. above will continue to receive uniform replacement allowances in accordance with existing laws, rules, and regulations.
5. The uniform replacement allowance shall not be considered compensation for purposes of retirement.
6. During the term of this contract, Department of Motor Vehicles will meet and discuss with CSLEA regarding establishing a LRE uniform and correlating uniform replacement allowance to be incorporated into Section 12.2.

1. Mass Transit
   
   Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit, including rail, bus, or other commercial transportation licensed for public conveyance shall be eligible for a one hundred percent (100%) discount on public transit passes sold by the State agencies up to the current monthly exclusion amount provided by the Internal Revenue Service (IRS). Employees who purchase public transit passes on their own shall be eligible for a one hundred percent (100%) reimbursement up to the currently monthly exclusion amount provided by the IRS. The combined maximum allowable monthly exclusion amount for employees who are eligible to claim both the mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount. The State may establish and implement procedures and eligibility criteria for the administration of this benefit including required receipts and certification of expenses.
2. Vanpool
   
   Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools shall be eligible for a one hundred percent (100%) reimbursement of the monthly fee up to the current the current monthly exclusion amount provided by the IRS. The combined maximum allowable monthly exclusion amount for employees who are eligible to claim both the mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount.
   
   This shall not be considered compensation for purposes of retirement contributions. A vanpool must, at a minimum, meet the definition of a “commuter highway vehicle” in Internal Revenue Code Section 132 (f), including seating capacity requirements. The state may establish and implement procedures an eligibility criteria for the administration of this benefit.
3. Mass Transit and Vanpool
   
   Effective the first day of the pay period following ratification by both parties, employees headquartered out of State shall receive reimbursement for qualified public transportation and vanpool expenses for one hundred percent (100%) of the cost up to the current monthly exclusion amount for employee who are eligible to claim both mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount. The appointing power may establish and implement procedures regarding the certification of expenses.
4. Parking
   
   For the term of this agreement, the parties agree that the State may increase parking rates in existing owned, wholly leased or administered lots in an amount not to exceed twenty dollars ($20) per month. Every effort shall be made to provide employees sixty (60) calendar days but no less than thirty (30) calendar days’ notice of a parking rate increase. Rates at new lots owned, wholly leased or administered by the State will be set at a level comparable to existing State lots. The parties agree that such increases will be uniformly applied to all represented employees in a given parking lot. This section does not apply to parking spaces leased in parking lots owned or administered by private vendors.
5. Notwithstanding any other provision of this contract, the Union agrees that the State may implement new policies or change existing ones in areas such as transit subsidies, vanpool/carpool incentives, walking/biking incentives, parking, parking fees, hours of work and other actions to meet the goals of transportation incentives. The State agrees to notice and meet and confer regarding the impact of such new or changes of policies.

1. Employees having public contact, or otherwise having a demonstrated job-related need, shall be provided, upon request, with an adequate supply of business cards. Such business cards shall be individual printed cards, in the cases of those departments, which have in the past provided the same. All permanent Unit 7 employees whose duties do not involve personal contact with members of the public shall be allowed to order business cards. These employees shall be required to reimburse the State for any printing cost of these cards. Business cards shall not misrepresent the employee, the employee’s position or authority, the employer, and the employee’s business address and phone number.
2. The Department of Motor Vehicles shall provide a clip-on/pin-on type photo identification card to each Licensing Registration Examiner, which can be worn while on duty.

1. Rent
   
   Rental rates for all types of State-owned employee housing, including trailers and trailer pads, shall be increased by the State as follows:
1. Where employees are currently paying rent, the State may raise such rates up to twenty-five percent (25%) each year not to exceed the current fair market value.
2. During the term of this contract, where no rent is being charged, the State shall begin charging rent at twenty-five percent (25%) of the current fair market value. When an employee vacates State-owned housing, including trailers and trailer pads, the State shall raise rent for such housing up to the current fair market value.
3. Employee rental of State-owned housing shall not ordinarily be a condition of employment. Where the rental of State-owned housing is made a condition of employment, the State may charge the employee ten percent (10%) less than the current fair market value of rent.
4. Employees renting State-owned housing occupy them at the discretion of the State employer. If the State decides to vacate a State-owned housing unit currently occupied by a State employee, it shall give the employee a minimum of thirty (30) days advance notice.
2. Utilities
   
   Utility charges for all types of State-owned housing, including trailers and trailer pads, shall be increased by the State as follows:
1. Where employees are currently paying utility rates to the State, the State may raise such rates up to eight percent (8%) each year, not to exceed the current fair market value.
2. Where no utilities are being charged, the State may impose such charges consistent with its costs.
3. Where utilities are individually metered to State-owned housing units, the employee shall assume all responsibility for payment of such utility rates, and any increases imposed by the utility company.
1. In the Department of Parks and Recreation, prior to individual metering for gas and/or electricity and consistent with design or historic restrictions, the housing unit will be retrofitted with the following weatherization measures:
1. Ceiling Insulation
2. Caulking
3. Weatherstripping
4. Water Heating Blanket
5. Duct Wrap
2. If the Department determines the housing unit cannot be individually metered or if historic considerations, house design or construction render all practical weatherization measures inappropriate or ineffective and resulting utility costs would be excessively high, a flat rate utility fee in accordance with the above schedule will be paid to the Department of Parks and Recreation by the employee.
3. Maintenance of Housing - Department of Parks and Recreation
1. The Department of Parks and Recreation agrees that housing occupied by Unit 7 employees shall be maintained consistent with the DPR facility maintenance program and at a standard not less than that applied to any other Department housing. For vacant housing the Department determines is no longer cost beneficial to maintain, the Department reserves the right to remove the house from availability.
2. Unit 7 employees of the Department of Parks and Recreation who have a complaint about the condition of the housing they occupy may file a grievance through the grievance process as follows:
1. Grievances on the condition of housing related to an untenable dwelling, as contained in Civil Code Section 1941.1, shall be subject to the full grievance procedure if the Unit 7 employee is required to live in State housing.
2. Grievances on the condition of housing, other than those in C.(2)(a) above shall only be subject to the first three (3) formal levels of the grievance procedure, with the Department of Parks and Recreation being the final review.
4. Tenants' Rights – Department of Parks and Recreation
   
   Nothing in this Contract shall supersede any rights that may otherwise be guaranteed to Department of Parks and Recreation employees under applicable tenant laws. This provision shall not be subject to the grievance and arbitration procedures as stated in the collective bargaining agreement between CSLEA and the State for Bargaining Unit 7.

1. For purposes of the provision, business purposes include having the cell phone available for the safety of the LREs in case of an accident or other emergency and for making business calls to the office.
2. Management shall have the right to verify that a LRE who is receiving this reimbursement is in possession of a phone during the drive tests.
3. LREs who are absent from work for any reason for eleven (11) or more days during a work period shall not receive this reimbursement for that work period.
4. This reimbursement shall begin the first month after the ratification of this contract. It is understood that no receipts will be required in order to receive this allowance.

1. All equipment provided pursuant to this Contract is State owned or leased property which will be used and maintained as the State deems necessary. Items which become unserviceable as a result of normal use or through no substantial fault of the employee shall be replaced by the State. Items lost or damaged due to substantial negligence of the employee shall be replaced by the employee at their expense.
2. The type of protective clothing shall be determined by the Department. Protective clothing pursuant to this section is State-owned property. It shall be worn and maintained as the Department deems appropriate in the normal performance of the employee’s duties. The employee shall wear the protective clothing in accordance with the instructions provided by the Department. Employees issued State-issue protective clothing shall be held responsible for loss of and/or damage to the protective clothing due to negligence.
3. Employees may, with their department’s written approval, substitute privately- owned equipment for State issued equipment provided it meets their department’s specifications.
4. Notwithstanding the above, the State also agrees that employees who upgrade their soft body armor by purchasing their own soft body armor will be reimbursed in an amount equal to the cost of the state provided armor, with a receipt and consistent with the Departments’ replacement schedules. Employees are not required to seek approval, written or otherwise, from their Department in order to purchase their own soft body armor. Employee purchases of soft body armor pursuant to this subsection may only occur during initial assignment, or pursuant to their Department’s replacement schedule. Employees who purchase their own soft body armor are responsible for doing so on their own time. All soft body armor purchased by employees pursuant to this subsection shall be considered the property of the employee. Soft body armor purchased by employees must comply with their Department’s and the State’s specifications. The term “Department’s specifications” includes, but is not limited to, the type of soft body armor, e.g., ballistic, stab-proof, hybrid, as well as its warranty or expiration date, and the like. The term “State’s specification” includes, but is not limited to, the National Institute of Justice’s soft body armor standards in addition to additional State specifications. The soft body armor Department and State specifications are subject to change, and such changes do not require mutual agreement between the State and the Union.
5. Each peace officer included in this section who is required by their department to carry firearms shall qualify a minimum of once quarterly with the officers duty weapon.
6. Nothing in this Contract shall preclude the State from issuing or requiring an employee to use safety equipment it finds appropriate for specific job functions.
7. The State shall provide at no cost to the employee, an initial issuance of the following:
8. ALCOHOLIC BEVERAGE CONTROL
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Chemical Agent
2. Ammunition
3. Ammunition Carrying Case
4. Badge, Departmental - clip-on type
5. Pen Light Flashlight - heavy duty
6. Handcuffs
7. Handcuff Case
8. Holster, chemical agent
9. Holster, Duty Weapon
10. Plasticuffs
11. Duty Weapon
12. Soft Body Armor
13. Expandable Baton and Holder
14. Flashlight
15. Equipment bag
9. CALIFORNIA CONSERVATION CORPS
1. The equipment listed below is designated as safety equipment:
1. Hard hat
2. Leather work gloves
3. Safety goggles or tinted safety glasses as appropriate for the job, including firefighting (non-prescription)
4. Head lamp
5. Flashlight – heavy duty
6. Rain Jacket – one (1)
7. Rain pants – one (1) pair
8. Rain Boots – one (1) pair
9. Fire response and fire support equipment – NOMEX hood, shroud, shirt, pants, fire shelter. Fire response shall also receive shoulder harness gear with integral pouch, and four-quart canteens and leather gloves with NOMEX gauntlets or wristlets.
10. And the State agrees to reimburse employees pursuant to the uniform replacement provision of Section 12.2 for the cost of purchase or replacement of protective footwear as described herein for wildland fire fighting activities. Said footwear shall consist of heavy-duty lace-type boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This reimbursement approach is used to ensure correct fittings of footwear. This footwear does not replace any boots provided under any other section of this contract.
11. At the request of the employee, a Daypack/Backpack (1600-2200 cubic inches) shall be provided. The Daypack/Backpack shall remain the property of the CCC.
10. CAL-EXPO
1. For those employees whose employer does not provide safety equipment which can also be used with the State Fair Police, and for each peace officer of the California Exposition and State Fair who does not have another law enforcement employer, the State shall provide the following:
1. Aerosol Tear Gas
2. Ammunition
3. Ammunition Carrying Case
4. Badge, Departmental
5. Baton
6. Baton Rings
7. Boots, insulated
8. Boots, Rain
9. Cap, foul weather
10. Cap Cover, Rain
11. Cap Piece, Departmental
12. Ear Protectors
13. Flashlight - heavy duty
14. Goggles, Sand
15. Handcuffs
16. Handcuff Case
17. Helmet, general duty
18. Holster, Aerosol Tear Gas Projector
19. Holster, Duty Weapon
20. Plasticuffs
21. Raincoat
22. Rain Pants
23. Duty Weapon
24. Sam/Sally Browne Belt
25. Soft body armor
11. CALIFORNIA HIGHWAY PATROL
1. The Department of California Highway Patrol will provide the following rainwear to Motor Carrier Specialist Is and School Pupil Transportation Safety Coordinators whose normal work duties requires work outdoors in inclement weather.
   
   

   a.	Rain Jacket – one (1)
   b.	Rain Pants – one (1) pair
   c.	Rain Boots – one (1) pair
   d.	Rain Hat – one (1)

   The type of rainwear shall be determined by the Department.
2. The Department shall provide adequate multiple changes of coveralls to each Motor Carrier Specialist I at no cost to the employee.
3. Motor Carrier Specialist Is and School Pupil Transportation Safety Coordinators shall be eligible for a one hundred fifty dollars ($150) boot reimbursement per fiscal year.
4. The Department will provide a cellular phone to each Motor Carrier Specialist I and School Pupil Transportation Safety Coordinator at no cost to the employee.
12. CANNABIS CONTROL
1. The proper protective equipment (PPE) listed below has been designated for all Unit 7 employees:
1. Ear Protection
2. Eye Protection Glasses
3. Nitrile Gloves
4. N95 Face Mask
5. Soft Body Armor
2. In addition to the PPE listed in section 1, the following will be provided to all Unit 7 Peace Officers:
1. Air Purifying Respirator and Filter
2. Ammunition and pouch(es)
3. Badge, Departmental dome
4. Badge, Departmental flat
5. Badge holder
6. Ballistic Helmet
7. Baton and holster
8. Binoculars
9. Camera and tripod
10. Cell phone
11. Digital Voice Recorder
12. Duty Belt and accessories
13. Flashlight and holder
14. First Aid Kit
15. Gear Bag
16. Gloves
17. Gun Cleaning Kit
18. Handcuffs, holster, and key
19. Hard Body Armor
20. OC Spray and holster
21. Radio and accessories
22. Rifle and accessories, upon qualification
23. Handgun and accessories
3. In addition to the PPE listed in section 1, the following will be provided to all Unit 7 non-peace officers:
1. Leather Working Gloves
2. Work Boots
3. Rain Jacket
4. Rain Pants
5. Cold Weather Jacket
13. CONSUMER AFFAIRS
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers (except Peace Officers at Contractors State License Board):
1. Pepper Spray
2. Ammunition
3. Ammunition Carrying Case
4. Badge, Departmental - Clip-on
5. Flashlight - heavy duty
6. Handcuffs
7. Handcuff Case
8. Holster, Duty Weapon
9. Duty Weapon
10. Soft Body Armor
11. Raid Jacket
2. Contractors State License Board
1. The equipment listed below is designated as employee protective equipment for non-firearm-carrying Contractors Sate License Board Peace Officers.
1. Flashlight (battery powered)
2. Badge,Departmental (Clip-on)
3. Handcuffs with Key
4. Handcuff Case
5. Pepper Spray with Holster
6. Shirt/Polo Jacket with Identifying Emblem
3. Structural Pest Control Board Specialists:
1. Flashlight (heavy duty law enforcement type)
2. Handiwipes
3. Gloves – leather and chemical resistant
4. Safety glasses
5. Respirator – chemical resistant
6. Navigation system
7. Two (2) pair of coveralls
4. The equipment listed below is designated as employee protective equipment for Field Representatives, Bureau of Electronic and Appliance Repair:
1. Flashlight (mini-mag or heavy duty) upon request
2. Handiwipes
5. The equipment/clothing listed below is designated as employee protective equipment or clothing for Program Representatives, Bureau of Automotive Repair:
1. Flashlights (heavy duty)
2. Handiwipes
3. Program Representatives, Bureau of Automotive Repair – one (1) pair of coveralls or shop coat, at the employee’s discretion.
6. Inspectors, Bureau of Home Furnishings – one (1) pair of coveralls or a shop coat.
14. BUSINESS OVERSIGHT
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed peace officers:
1. Soft Body Armor – upon request
2. Handcuffs
3. Handcuff Case
15. DEVELOPMENTAL SERVICES
1. Investigator
1. Badge
2. Flashlight – heavy duty
3. Handcuffs
4. Handcuff Case
5. Plasticuffs – available upon request
6. Chemical Agent
7. Holster, aerosol chemical agent
2. Peace Officer (DDS)
1. Badge
2. Baton
3. Baton Ring or holder
4. Handcuffs (2)
5. Handcuff Case (2)
6. Flashlight – heavy duty
7. Chemical Agent
8. Holster, aerosol chemical agent
9. Helmet – general duty – available upon request
10. Raincoat, where necessary
11. Intentionally excluded
12. Rain pants, where necessary
13. Sam/Sally Browne belt
14. Flashlight ring or holster
15. Body armor (individual)
16. Plasticuffs (10)
3. Fire Fighters
1. In addition to any other equipment supplied or required the Fire Fighters employed by the Department of Developmental Services shall have the following Cal-OSHA approved equipment available for their use consistent with assigned duties:
1. Turn out gear to include a jacket, pants, boots, helmet, and gloves
2. Safety Goggles
3. Personal Alarm (lack of motion detector)
4. Flashlight
5. Headlamp for wildland fire helmet
6. Raingear
7. Nomex PBI (hood)
8. Hearing Protection with communication capabilities
9. Nomex Fire Suits
10. Fire shelters
11. Wildland fire protective face mask
12. Web gear with fanny pack and canteen
4. The State agrees to allow employees to use the 12.2 uniform replacement provision of this contract to purchase protective footwear as described herein for wildland firefighting activities. Said footwear shall consist of heavy-duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This replacement approach is used to ensure correct fittings of footwear. This footwear does not replace the boots provided as turn out gear in section 3.a (1) above.
16. EMERGENCY SERVICES
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. AED
2. Aerosol Tear Gas
3. Ammunition
4. Ammunition Carrying Case
5. Badge, Departmental
6. Ballistic Plate Carrier with equipment pouches
7. Ballistic Vest – soft body armor with 1 external and 2 internal carriers
8. Baton
9. Baton Ring
10. Duty Belt
11. Duty Pistol – Primary
12. Duty Pistol – Secondary/back-up
13. Electronic Ear Protection
14. Eye Protection
15. Fire Shelter with web gear
16. Flashlight - rechargeable
17. Handcuffs with case
18. Helmet - Ballistic
19. Holster, Aerosol tear gas
20. Holster, Duty Weapon
21. Less than lethal weapons
22. NOMEX Fire Protective top and bottom
23. Cold Weather Gear (Coat, trousers, and boots)
24. Wildland Fire safety boots
25. Wildland firefighting helmet with googles and headlamp
17. EMPLOYMENT DEVELOPMENT DEPARTMENT
1. The equipment listed below is designated peace officer protective equipment for non-uniformed peace officers:
1. Handcuffs
2. Handcuff case
3. Chemical Agent
4. Chemical Agent with Carrying Case
5. Jackets (Field Wind) from Pool
6. Badge, Departmental clip-on type
7. Flashlight, heavy duty
8. Body Armor
9. Baton
10. Two (2) EDD polo Shirts
18. FISH AND WILDLIFE
1. The equipment listed below is designated as peace officer protective equipment for uniformed employees:
1. Aerosol tear gas (upon request)
2. Ammunition
3. Ammunition Carrying Case
4. Badge
5. Baton
6. Baton Rings (upon request)
7. Ear Protectors
8. Flashlight - heavy duty
9. Handcuffs - one (1) pair
10. Handcuff Case
11. Aerosol tear gas holster (upon request)
12. Plasticuffs
13. Sam/Sally Browne belt
14. Insulated waders and boots (where necessary)
15. Rain Boots (where necessary)
16. Raincoat (where necessary)
17. Rain pants (where necessary)
18. Soft Body Armor (upon request)
19. Duty Weapon
20. Holster
2. Fish and Wildlife Wardens required to operate a motorcycle, ATV, or snowmobile shall be issued an appropriate protective helmet.
3. Fish and Wildlife Wardens who are assigned to regular patrol assignments and who are not otherwise provided such equipment, will be provided with a 12 gauge shotgun and electro lock device upon request.
4. All large ocean-going Department of Fish and Wildlife vessels will be equipped with the following:
1. Life raft
2. Survival suits (north of Point Conception)
3. E.P.I.R.B. Class A type buoys
4. Strobe lights for life jackets and boats
5. Ear protectors
5. All Department of Fish and Wildlife vessels 30’ or larger will be equipped with the following:
1. LORAN “C”
2. Marine Radios
3. R.D.F.
4. Holding Tank
5. Showers (overnight boats)
6. Vessels acquired after the effective date of this Contract will be equipped with a fire suppression system
6. Upon request each Warden-Pilot will be provided with an initial issuance of two (2) Nomex flight suits.
19. FOOD AND AGRICULTURE
1. Protective clothing deemed appropriate and required by the Department of Food and Agriculture for the job will be furnished to Brand Inspectors, Livestock Inspectors, and Dairy Foods Specialists. Protective clothing provided pursuant to this section is State owned property which will be maintained by the employee. Employees issued State provided protective clothing shall be held responsible for loss of and/or damage to the protective clothing due to substantial negligence. Protective clothing means particular colors or types of coveralls, lab coats, rubber boots, and rain wear which are required to be worn over or in place of regular clothing and is necessary to protect the employee’s personal clothing from damage or stains which would be present in the normal performance of duties.
2. Livestock Inspectors shall be provided all protective equipment, materials and supplies deemed necessary and appropriate by the Department to enable the employees to perform assigned duties and responsibilities. Employees issued State-provided protective equipment, materials and supplies shall be responsible for loss of and/or damage to those items other than that incurred as the result of normal use, wear or through no fault of the employee.
20. FRANCHISE TAX BOARD
1. The equipment listed below is designated as employee protective equipment for Investigation Specialist – FTB:
1. Sanitary disposable rubber gloves
2. Raid jacket – navy blue
3. Duty weapon with magazine
4. Holster
5. Magazine pouch
6. Handcuffs and pouch
7. Collapsible baton and holster
8. Flat badge
9. Domed clip-on badge
10. Flashlight-heavy duty
11. Body armor & two (2) carriers
12. Tactical vest
13. First aid kit
14. Mini-gun vault (office/home)
15. Pepper spray and holster
16. Raid cap (headgear)
17. Ammunition
18. Ear protectors
19. Safety glasses (non-prescription)
21. HEALTH CARE SERVICES, AUDITS, AND INVESTIGATIONS DIVISION
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Ammunition
2. Ammunition Carrying Case
3. Badge, numbered, clip-on type
4. Flashlight – heavy duty
5. Handcuffs
6. Handcuff Case
7. Holster, Duty Weapon
8. Duty Weapon
9. Soft Body Armor
10. Chemical agent
11. Holster for chemical agent
12. Range Safety Glasses
13. Ear Protection
14. Plastic Cuffs, upon request
15. Raid Hat and Jacket
16. Equipment Bag
17. Magazines (2) For Duty Weapon
22. HORSE RACING BOARD
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Badges, departmental – clip-on type and flat badge
2. Flashlight – heavy duty
3. Handcuffs
4. Handcuff Case
5. Soft Body Armor
6. Duty Weapon – available upon request
7. Ammunition
8. Holster
9. Rain Boots
10. Work boots with composite toe
11. Cell phones with push-to-talk feature
23. HOUSING AND COMMUNITY DEVELOPMENT
1. The equipment listed below is designated as protective equipment for Unit 7 employees:
1. Safety glasses (non-prescription)
2. Flashlight
24. INDUSTRIAL RELATIONS
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers Labor Standards Investigators:
1. Ammunition
2. Ammunition Carrying Case
3. Badge, Departmental – clip-on type
4. Flashlight – heavy duty
5. Handcuffs
6. Holster, Duty Weapon
7. Duty Weapon
8. Soft Body Armor
9. Magazines (2)
10. Range ear protectors
11. Plasticuffs
12. Raid Jacket
25. INSURANCE
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Chemical Agent
2. Ammunition
3. Magazine with Case
4. Badge, Departmental – clip-on type 
5. Flashlight – heavy duty
6. Handcuffs
7. Handcuff Case
8. Holster, aerosol tear gas
9. Holster, Duty Weapon
10. Plasticuffs
11. Duty Weapon
12. Soft Body Armor
13. Raid Jacket
14. Ballistic Helmet
26. JUSTICE
1. The equipment listed below is designated as peace officer protective equipment for Special Agent and Special Agent Supervisor:
1. Ammunition
2. Ammunition Carrying Case
3. Badge, Departmental – clip-on type
4. Ear Protectors
5. Flashlight – heavy duty
6. Handcuffs
7. Handcuff Case
8. Handgun as prescribed by management
9. Holster, Handgun
10. Plasticuffs
11. Soft Body Armor – threat level III protection
12. Chemical agent with holster
13. Raid jacket – as described by management
14. Raid cap – as described by management
15. Mesh Raid jersey – as described by management
16. Ballistic helmet – as described by management
17. Shooting glasses
18. Extendable Baton with holster
2. Upon request each pilot shall be provided with an initial issuance of two (2) Nomex fire retardant flight suits.
3. The equipment listed below is designated as protective equipment for the Bureau of Forensic Services:
1. Safety glasses (non-prescription) and goggles
2. Hearing protection devices
3. Flashlight – heavy duty
4. Personal protective equipment consistent with biosafety level 2 operations, including disposable coveralls
4. In addition to the items listed in number (3) above, Criminalists/Senior Criminalists who respond to clandestine laboratories shall be provided the following:
1. Respiratory protective equipment and chemical resistant clothing as appropriate for the hazardous condition, to include:
1. Full-face air purifying respirator with accessories.
2. NOMEX shirt, pants, gloves and balaclava [two (2) pairs].
3. Knee-high, poly blend chemical-resistant boots with steel toe and shank.
2. Field equipment bag.
3. In addition to the items listed in number 1 above, a pool supply of protective equipment shall be provided as follows:
1. heavy duty, strap type kneepads with plastic exterior facing,
2. adjustable back support belt,
3. hard hat,
4. PIGS – minimum two (2) per crime lab
5. The State shall provide each uniformed Department of Justice Security Officer with:
1. Chemical agent
2. Ammunition
3. Two (2) Speed loaders with Case
4. Badge, Departmental
5. Baton – PR24 or equivalent
6. Baton ring
7. Cap Piece, Departmental
8. Ear protectors – upon request
9. Flashlight – heavy duty
10. Handcuffs
11. Handcuff case
12. Helmet, General duty
13. Holster, aerosol tear gas protector
14. Holster, Duty Weapon – breakfront type
15. Plasticuffs – upon request
16. Duty Weapon
17. Soft body armor
18. Sam/Sally Browne belt
19. Raincoat
27. LOTTERY COMMISSION
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Ammunition
2. Badge: Star type
3. Badge Holder: Clip on
4. Body Armor: Vest type, bullet proof
5. Ear Protectors #29-2520: Head Set type
6. Evidence Case: Brief Case with double combination lock
7. Flashlight: Mag-lite
8. Handbag (women): Black
9. Handcuffs: Peerless (Nickel finish)
10. Handcuff Case: Compartment (plain black)
11. Holster, duty weapon, with belt hoop
12. Pepper Spray
13. Pepper Spray Case, with belt loop
14. Raid Jacket: Navy Blue, button front
15. Duty weapon, semi-automatic, Glock
28. MANAGED HEALTH CARE
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed peace officers:
1. Badges (flat and domed)
29. MILITARY
1. The Firefighter/Security Officers shall have the following equipment available for their use consistent with assigned duties.
1. Ammunition
2. Ammunition carrying case
3. Badge, Department issued
4. flashlight
5. Individual Handcuffs
6. Individual Handcuff Case
7. Individual Holster
8. Individual Duty Weapon
9. Shotgun (Pool)
10. Individual Sam/Sally Browne Belt
11. Baton and Ring
12. Soft Body Armor (Individual)
13. Chemical Agent
14. Hearing Protection for weapons qualifications (Pool)
2. Firefighter/Security Officers and Fire Fighters
1. In addition to any other equipment supplied or required the Firefighter/Security Officers employed by the Department of Military shall have the following Cal-OSHA approved equipment available for their use consistent with assigned duties:
1. Turn out gear to include a jacket, pants, boots, helmet and gloves
2. Safety Goggles
3. Personal Alarm (lack of motion detector)
4. Flashlight
5. Headlamp for wildland fire helmet
6. Raingear
7. Nomex PBI (hood)
8. Hearing Protection with communication capabilities
9. Nomex Fire Suits
10. Fire shelters
11. Wildland fire protective face mask
12. Web gear with fanny pack and canteen
3. The State agrees to allow employees to use the 12.2 uniform replacement provision of this contract to purchase protective footwear as described herein for wildland firefighting activities. Said footwear shall consist of heavy-duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This replacement approach is used to ensure correct fittings of footwear. This footwear does not replace the boots provided as turn out gear in section 2.a(1) above.
4. In the Department of Military, the above listed equipment will be made available subject to the authority to use federal funds to purchase such equipment.
30. MOTOR VEHICLES
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Chemical Agent
2. Ammunition
3. Ammunition Carrying Case
4. Badges, clip-on and flat badge
5. Flashlight - heavy duty
6. Handcuffs
7. Handcuff Case
8. Holster, Duty Weapon
9. Duty Weapon, semi-automatic
10. Soft Body Armor
11. Raid jacket
12. Coveralls
13. ASP Collapsible baton
14. Magazines (2)
15. Equipment bag
16. Polo shirts with DMV and police insignias
17. BDU style pants
18. 511 or similar type jacket
2. Licensing Registration Examiners whose normal work duties require outdoor work in inclement weather shall be provided, upon request, appropriately sized (S/M/L/XL/XXL) foul weather clothing and/or footwear, to be worn at the employee’s discretion.
1. Protective clothing will be waterproof and wind resistant, and may include any or all of the following, as determined by the employee’s request:
1. Rain Gear (pants and jacket or pants and parka)
2. Rain Boots
3. All Weather Gloves
4. Rain Hat
2. Protective clothing pursuant to this section is to be worn over regular clothing as necessary in inclement weather.
3. All Investigators, DMV shall be provided the following:
1. A magnification aide, such as a magnifying glass that is portable but powerful enough to read micro printing currently used by most governmental agencies.
2. A portable UV light source, capable of alerting the most common specialized inks and fibers used by most governmental agencies.
31. PARKS AND RECREATION
1. The Department of Parks and Recreation shall provide each uniformed peace officer with:
1. Aerosol OC/CS Projector
2. Ammunition (for each weapon)
3. Ammunition pouch
4. Badge, Departmental
5. Baton, expandable and straight
6. Baton Holder and Rings
7. Flashlights - heavy duty law enforcement LED rechargeable type
8. Handcuffs
9. Handcuff case
10. Holster, OC/CS projector
11. Holster, Duty Weapon
12. Duty Weapon – semi automatic with 4 magazines
13. Duty belt (leather or synthetic)
14. Soft body armor and ballistic panel
15. Portable hand talking duty radio
16. Duty gear bag(s)
2. The Department shall make available to Unit 7 employees other items of safety equipment it finds appropriate for specific assignment, such as the following:
1. Boots, rain
2. Ear Protectors 
3. Goggles, Sand Eye protection goggles, masks, or glasses
4. Helmet, General Duty
5. Plastic flexi-cuffs and soft leg restraints
6. Rain suits, yellow
7. OHV Motorcycle Safety Boots
8. Police coveralls for K-9 Handlers
9. Nomex suits
3. Upon request each pilot shall be provided with an initial issuance of two (2) Nomex fire retardant flight suits.
4. The Firefighter/Security Officers shall have the following equipment available for their use consistent with assigned duties.
1. Ammunition
2. Ammunition carrying case
3. Badge, Department issued
4. Flashlight
5. Individual Handcuffs
6. Individual Handcuff Case
7. Individual Holster
8. Individual Duty Weapon
9. Shotgun (Pool)
10. Individual Sam/Sally Browne Belt
11. Baton and Ring
12. Soft Body Armor (Individual)
13. Chemical Agent
14. Hearing Protection for weapons qualifications (Pool)
5. Firefighter/Security Officers
1. In addition to any other equipment supplied or required the Firefighter/Security Officers employed by the Department of Parks and Recreation shall have the following Cal-OSHA approved equipment available for their use consistent with assigned duties:
1. Turn out gear to include a jacket, pants, boots, helmet and gloves
2. Safety Goggles
3. Personal Alarm (lack of motion detector)
4. Flashlight
5. Headlamp for wildland fire helmet
6. Raingear
7. Nomex PBI (hood)
8. Hearing Protection with communication capabilities
9. Nomex Fire Suits
10. Fire shelters
11. Wildland fire protective face mask
12. Web gear with fanny pack and canteen
6. The State agrees to allow employees to use the 12.2 uniform replacement provision of this contract to purchase protective footwear as described herein for wildland firefighting activities. Said footwear shall consist of heavy duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This replacement approach is used to ensure correct fittings of footwear. This footwear does not replace the boots provided as turn out gear in section 5.a (1) above.
32. PUBLIC HEALTH FOOD & DRUG BRANCH
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Ammunition
2. Ammunition Carrying Case
3. Badge, numbered, clip-on type
4. Flashlight - heavy duty
5. Handcuffs
6. Handcuff Case
7. Holster, Duty Weapon
8. Duty Weapon
9. Soft Body Armor
10. Chemical agent
11. Holster for chemical agent
12. Range Safety Glasses
13. Ear Protection
14. Plastic Cuffs, upon request
15. Raid Hat and Jacket
16. Equipment Bag
17. Magazines (2) For Duty Weapon
33. EXPOSITION PARK
1. The State shall provide each Unit 7 830.3 Exposition Police Officer and Unit 7 830.7 Museum Security Officer with:
1. Ammunition
2. Ammunition Carrying Case
3. Badge, Departmenta
4. lCap cover, Rain
5. Cap piece, Departmental
6. Flashlight - heavy duty
7. Handcuffs
8. Handcuff case
9. Holster, Duty Weapon
10. Raincoat
11. Rain pants
12. Duty Weapon
13. Sam/Sally Browne belt
14. Soft body armor
15. Oleoresin Capsicum Spray (OC)
16. Holster, OC Spray
17. Baton
18. Baton ring
19. Helmet, general duty
2. The State shall provide each Unit 7 Museum Security Officer with:
1. Flashlight – heavy duty w/holder
2. Handcuffs
3. Handcuff case
4. Raincoat
5. Rain pants
6. Oleoresin Capsicum (OC) Spray
7. Holster, OC Spray
34. SECRETARY OF STATE
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Badge, Department issue
2. Flashlight - heavy duty
3. Handcuffs
4. Handcuff Case
5. Soft Body Armor - upon request
35. SOCIAL SERVICES
1. The equipment listed below is designated as peace officer protective equipment for non-uniformed Unit 7 peace officers:
1. Badge, Departmental
2. Flashlight - heavy duty
3. Handcuffs
4. Handcuff Case
5. Soft Body Armor
6. Cellular phone with long distance capacity while on travel status
7. Raid Jacket
36. STATE CONTROLLER'S OFFICE
1. The equipment listed below is designated as protective equipment for Unit 7 employees:
1. Soft Body Armor
2. Flashlight
3. First Aid Kit
4. Handcuffs
5. Handcuff case
6. Raid jacket
7. Badge
37. STATE FIRE MARSHAL
1. The equipment for Unit 7 830.2 peace officers in the Arson and Bomb Unit, OSFM:
1. Aerosol Tear Gas
2. Ammunition
3. Ammunition carrying case
4. Badge, Departmental
5. Flashlight - heavy duty
6. Handcuffs
7. Handcuff Case
8. Holster, aerosol tear gas
9. Holster, Duty Weapon
10. Plasticuffs
11. Duty Weapon
12. Soft Body Armor
13. Raid Jacket
2. The equipment for Unit 7 830.3 peace officers, OSFM
1. Badge
2. Flashlight
3. Rain Jacket, where necessary
4. Rain Pants, where necessary
5. Hearing/eye protection
6. Helmet
7. High Visibility Safety Vest
8. Emergency Response Guidebook
9. Incident Response Pocket Guide
10. N95 Mask
11. Leather gloves
12. Type IIIA Combination Body Armor
38. STATE HOSPITALS
1. Investigator
1. Badge (2) – 1 Belt and 1 Flat
2. Flashlight – heavy duty
3. Handcuffs
4. Handcuff Case
5. Plasticuffs – available upon request
6. Chemical Agent
7. Holster, aerosol chemical agent
8. Duty Weapon
9. Holster, Duty Weapon
10. Ammunition
11. Ammunition Carrying Case
12. Ammunition Magazines (x3)
13. Soft Body Armor with Outer Vest Carrier
14. Baton
15. Baton Holder
2. Hospital Police Officer (DSH)
1. Badge
2. Baton
3. Baton Ring or holder
4. Handcuffs (2)
5. Handcuff Case (2)
6. Flashlight – heavy duty
7. Chemical Agent
8. Holster, aerosol chemical agent
9. Helmet – general duty – available upon request
10. Raincoat, where necessary
11. Rain pants, where necessary
12. Sam/Sally Browne belt
13. At DSH, a pool of equipment, including outside vests (stab proof), helmets and riot shields.
14. Flashlight ring or holster
15. Body armor (individual)
16. Plasticuffs (10)
3. Fire Fighters
1. In addition to any other equipment supplied or required the Fire Fighters employed by the Department of State Hospitals shall have the following Cal-OSHA approved equipment available for their use consistent with assigned duties:
1. Turn out gear to include a jacket, pants, boots, helmet and gloves
2. Safety Goggles
3. Personal Alarm (lack of motion detector)
4. Flashlight
5. Headlamp for wildland fire helmet
6. Raingear
7. Nomex PBI (hood)
8. Hearing Protection with communication capabilities
9. Nomex Fire Suits
10. Fire shelters
11. Wildland fire protective face mask
12. Web gear with fanny pack and canteen
4. The State agrees to allow employees to use the 12.2 uniform replacement provision of this contract to purchase protective footwear as described herein for wildland firefighting activities. Said footwear shall consist of heavy-duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This replacement approach is used to ensure correct fittings of footwear. This footwear does not replace the boots provided as turn out gear in section 3.a (1) above.
39. STATE LANDS COMMISSION
1. The Commission shall provide each employee the following safety/protective equipment/clothing, consistent with assigned duties, to the classes of Marine Safety Inspector and Marine Safety Specialist:
1. Flotation vest (pooled)
2. Hard hat
3. Jacket and/or flotation jacket (pooled)
4. Soft cap-two (2) per year
5. Nomex coveralls
6. Flashlight, class I, Division 2, Hazardous location
7. Safety glasses/lens (non-prescription
8. )Rain gear (pants and jacket)
9. Rain Boots
10. All weather gloves
40. TRANSPORTATION
1. The equipment listed below is designated as employee protective equipment for Highway Outdoor Advertising Inspectors.
1. Flashlight
41. VETERANS’ AFFAIRS
1. The State shall provide each Firefighter/Security Officer with the following equipment:
1. Badge, Department issued
2. Flashlight – 300 lumen or greater with strobe-light mode and tail-cap on/off switch
3. Handcuffs
4. Handcuff Case
5. Duty belt (Individual) with 4 keepers
6. Expandable Baton and Ring
7. Rain Gear with removable hood (ANSI compliant)
8. Chemical Agent and holder
9. Individual Soft Body Armor (Spike/ballistic)
2. Firefighter/Security Officers
1. In addition to any other equipment supplied or required the Firefighter/Security Officers employed by the Department of Veterans’ Affairs shall have the following Cal-OSHA approved equipment available for their use consistent with assigned duties:
1. Turn out gear to include a jacket, pants, boots, helmet, and gloves
2. Safety Goggles
3. Personal Alarm (lack of motion detector)
4. Flashlight
5. Headlamp for wildland fire helmet
6. Raingear
7. Nomex PBI (hood)
8. Hearing Protection with communication capabilities
9. Nomex Fire Suits
10. Fire shelters
11. Wildland fire protective face mask
12. Web gear with fanny pack and canteen
3. The State agrees to allow employees to use the 12.2 uniform replacement provision of this contract to purchase protective footwear as described herein for wildland firefighting activities. Said footwear shall consist of heavy-duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six (6) inches in height measured from the bottom of the shoe heel. This replacement approach is used to ensure correct fittings of footwear. This footwear does not replace the boots provided as turn out gear in section 2.a (1) above.
42. All Unit 7 Employees – Field Assignments
    
    Unit 7 employees who work field assignments shall, if requested, be provided a chemical agent which is designed as a defense against attacking dogs.
43. Upon request by CSLEA, Departments will meet with CSLEA to review the protective equipment currently issued to BU 7 employees.

1. Subject to the availability of funds, the State shall continue to acquire physical fitness equipment and to install such equipment in suitable facilities, and shall make such equipment and facilities available to those employees for whom there is a physical fitness requirement or expectation in their jobs, at no cost to the employees. Nothing in this provision shall obligate the State to expend funds on the acquisition of physical fitness equipment.
2. Where the utilization of State time by employees for physical fitness activities is currently authorized, such utilization shall continue to be authorized for the duration of this Contract.

1. This section shall apply to Unit 7 employees whose main function is the daily operation of a computer on a continuous basis [at least five (5) hours per day].
2. In order to provide a safe and healthy workplace for Unit 7 employees specified in paragraph A. above and consistent with the availability of funds, when the State orders new computers, the State agrees to order computer equipment wherever possible in accordance with the recommendations made by the Joint Labor/Management Video Display Terminal Committee Report issued in August 1986, and the guidelines issued by the Office of Information Technology. This includes but is not limited to:
1. Adjustable chairs with five-pronged stands;
2. Adjustable tables/desks;
3. Accessories such as footrests, wrist rests or portable document holders.
3. The State shall provide instruction in the proper operation and adjustment of computers and computer workstation equipment and CSLEA will encourage employees to properly use computer equipment.
4. The State shall take action as it deems necessary to mitigate glare from the workplace: such as, rearrangement of the workstations to avoid glare on terminal screens from windows and ceiling luminaries, or providing anti-glare filters or screen hoods to reduce the glare from light sources.
5. Wherever possible the State shall attempt to maintain all computer equipment in proper repair, state of cleanliness and working order in accordance with the manufacturer's recommendations.

1. The State agrees to reimburse Unit 7 employees for expenses incurred as a result of satisfactorily completing training or education courses required by a department to assure adequate performance. Such reimbursement shall be limited to:
   
   

   1.	Tuition and/or registration fees;
   2.	Cost of course-required books;
   3.	Transportation or mileage expenses;
   4.	Toll and parking fees;
   5.	Lodging and subsistence expenses.

   Where applicable, reimbursement rates for the above expenses shall be in accordance with this Contract.
2. When a Unit 7 employee attends a department approved career-related out- service training course(s), the department may establish policies regarding (1) allocation of time with pay (including adjustments of work hours) for assignments during normal working hours, and (2) reimbursements for tuition and other necessary expenses. Except as established by the department, reimbursement should be for up to fifty percent (50%) of costs incurred. Reimbursement for travel and per diem shall not be allowed for an assignment during non-working hours except when the appointing power determines that such reimbursement is justified in order to avoid substantial inequity.
3. An employee may receive reimbursement for tuition or other necessary expenses only if application is made and departmentally approved prior to enrollment in an out-service training program or when the employer has requested the employee attend out-service training.
4. Incomplete Assignment
1. General. An employee who does not satisfactorily complete an out- service training assignment shall not be eligible for reimbursement tuition and other necessary expenses and shall agree to return any advance payment received.
2. Exceptions. The employee shall receive reimbursement for tuition and other necessary expenses provided the training facility reports satisfactory performance by the employee during the assignment and the incompletion was due to an event beyond the control of the employee.

1. Hospital Police Officers
1. Hospital Police Officers employed by the Department of State Hospitals may attend on their own time, non-resident five hundred twenty (520) hour POST certified basic training at POST certified local facilities and shall be reimbursed, pursuant to Section 14.1, by the State for the cost of tuition and course-required books.
2. With advance approval, the Hospital Police Officers may attend such courses without loss of compensation when otherwise scheduled for work provided: a) their absence will not result in an increased cost to the State (e.g., additional staff, overtime, etc.); or b) the department head or designee approves the absence despite such costs.
2. Other Unit 7 Classes
   
   Except as otherwise provided in this Contract, each department employing Unit 7 peace officers and involved in POST certificate programs shall continue to participate in those programs.
3. CHP – Public Safety Dispatchers
   
   Any employees meeting the criteria of Public Safety Dispatchers as defined by the POST Administrative Manual shall continue to participate in all programs required by POST.

1. Notwithstanding Section 14.5 of this contract, where readily available, full-time Fire Fighters, and Firefighter/Security Officers will be allowed to attend Emergency Medical Technician (EMT) training for purposes of EMT certification if they are not already certified.
   
   To the extent that the courses occur when the employee is otherwise scheduled for duty, the employee will be allowed to attend the class without loss of compensation.
   
   The Department shall reimburse the employee for the cost of course required books and tuition.
   
   CSLEA recognizes that it may not be possible for all employees to attend the training full-time, immediately or during the same semester because of staff shortages or the availability of funds.
2. The Department of Parks and Recreation agrees to accept EMT training certification as meeting the requirement that Unit 7 employees have Emergency Medical Responder (EMR) certification.

1. New employees shall receive a minimum of 120 hours of Conservationist onboarding and Initial Entry Training Group which includes, but is not limited to:
   
   

   1.	Orientation to State service, and the roles and responsibilities of the Conservationist position.
   2.	Development of leadership skills.
   3.	Overview of the CCC Injury and Illness Prevention Program (IIPP), Workers Compensation, and Vehicle Use and Safety Information.
   4.	Mental Health First Aid.
   5.	Corpsmember Discipline and Grievance Procedures.
   6.	Basic Supervision of Corpsmembers including crew supervisor’s responsibilities as defined in OSHA 29 CFR.
   7.	ICS (FEMA IS) 100, 200, 700, and 800

   New Conservationists shall complete the onboarding training within six (6) months from the date of hire. The self-paced online 40-hour Conservationist Orientation and 40 hours of job shadowing with senior Conservationists shall be completed prior to a new Conservationist being assigned a crew of Corpsmembers.
   
   New Conservationists shall be given the opportunity to participate in a CCC facilitated Initial Entry Training (IET) cohort. IET cohorts will interact in a virtual community forum for six (6) months and attend a four-day in-person training during the fourth month of the cohort. The duration, along with subject matter, is to be determined exclusively by the department based on the identification of current priorities and issues. If a Conservationist misses an offering of the Initial Entry Training due to operational need or personal reasons, the CCC will endeavor to provide the training sooner but no later than four (4) months from the previous training.
2. All new Conservationists shall be given the opportunity to attend the Conservationist Leadership Academy in the second year after hire. The Conservationist Leadership Academy will be offered to Conservationist Is who have not been afforded the opportunity to complete training as defined in (A). Any Conservationist who has been out of the position of Conservationist for ten (10) years or more will be eligible to attend the Conservationist Leadership Academy for retraining.
3. On an as needed basis to ensure proficiency in the performance of the employee’s duties and responsibilities, but at least once every three (3) years, any Conservationist who so requests, the department shall authorize training in conjunction with an approved annual Training plan authorized by the employee’s supervisor including, but not limited to the following: basic supervision, water safety, human relations, employment sensitivity training (sexual harassment prevention, fraternization, and cultural diversity), chainsaw usage, and hand tool/power tool usage.
1. All Conservationists who have not received Mental Health First Aid training in the Initial Entry Training shall receive it within eighteen (18) months of ratification of this contract.
4. Conservationists shall complete the Department of General Services’ Defensive Driver Training as required to maintain certification. When DMV driving records indicate a record of traffic violations and/or accidents, employees may be required to complete Defensive Driver training at the department’s discretion.
5. Each Conservationist shall complete certified first aid training as required to maintain certification.
6. Each Conservationist shall complete certified CPR Training as required to maintain certification.
7. Conservationists who are assigned to supervise any fire crew shall complete at a minimum the CCC fire training pre-requisites and fire training requirements for fire crew personnel as outlined in the CCC Operations Manual.
8. If not specifically required for Conservationists as training elsewhere in this section, the following courses shall be considered authorized career-related training as outlined in the Department’s Upward Mobility Policy for reimbursement purposes of Section 14.1 for Conservationists:

Emergency Medical Technician	HazMat Training
Youth Behavior Classes	Construction Technology
First Responder	Training for Trainers
Adult Learner Courses	Crisis Intervention/Suicide Prevention
Fire Fighter Training	How to Deal with Difficult People
Specialized Tools and Equipment	Flood Fighter

1. Emergency Medical Training
   
   Emergency Medical Training (EMT) shall be considered authorized job-related training for purposes of Section 14.1, for Unit 7 Peace Officers, Conservationists, Fire Fighters, and Firefighter/Security Officers (FF/SO), unless otherwise provided by this Contract. EMT training shall be accepted as meeting the emergency medical training requirement for any Unit 7 employee who has such a requirement.
2. Fire Fighter Training
1. In addition to any other training or education required or approved by law or by the employer, Unit 7 Firefighter/Security Officers, except at the Department of Veterans Affairs, and Fire Fighters shall engage in a minimum of one hundred (100) hours annually of in-service training, based upon a California State Fire Marshall approved curriculum for Firefighter I and II, which may include the following:
1. Basic Fire Fighter Skills - Approximately sixty (60) hours
1. Fire Chemistry and Technology - Approx. two (2) hours **
2. Tools and Appliances - Approx. five (5) hours **
3. Hose Handling and Hose Lays - Approx. fifteen (15) hours
4. Ladders - Approx. ten (10) hours
5. Breathing Apparatus - Approx. five (5) hours **
6. Fire Apparatus Driving and Maintenance - Approx. four (4) hours
7. Pumps and Pumping Procedures - Approx. five (5) hours
8. Forcible Entry and Ventilation - Approx. five (5) hours
9. Salvage and Overhaul - Approx. three (3) hours
10. Ropes and Knots - Approx. two (2) hours
11. Fire Prevention and Inspections - Approx. two (2) hours **
12. Fire Alarm and Extinguishing Systems - Approx. two (2) hours **
2. Live Fire Training - Approximately twenty (20) hours **
   
   [For the Firefighter/Security Officers at the Department of Veterans’ Affairs, this training shall consist of five (5) hours in any of the following:]
1. Structure Fires - Approx. ten (10) hours
2. Wildland Fires - Approx. five (5) hours
3. Special Fires - Approx. five (5) hours
3. Fire Fighter Safety - Approximately eight (8) hours **
4. Radio Communications - Approximately four (4) hours **
   
   ** (Only those classes marked by a double asterisk apply to the Firefighter/Security Officers at the Department of Veterans’ Affairs)
   

2. In addition to the above, the following specialized courses shall be provided as required:
1. First Responder (Emergency Care of the Sick & Injured) Department of Veterans Affairs only or, EMT (Emergency Medical Technician and recertification.)
2. C.P.R. (Cardiopulmonary Resuscitation) and recertification.
3. Hazardous Materials First Responder Operational and annual refresher.
4. California Driver License Class B-Restricted (Firefighter Endorsement) (Except for Department of Veterans’ Affairs)
3. In addition to the above required or approved fire related training or education, a career/job related training/education out-service curriculum shall be adopted and made available at management’s option to Unit 7 Firefighters, and Firefighter/Security Officers:
1. California State Fire Marshall approved certification tracts
2. California State Fire Training FSTEP (Fire Service Training and Education Program) approved courses
3. Office of Emergency Services approved courses
4. National Fire Academy approved courses
5. Federal Emergency Management Agency approved courses
6. National Wildfire Coordinating Group approved courses
7. Other specific career fire related training
4. The parties recognize that course titles may vary or change, and it is the intent of the parties that the above listed courses or their equivalents shall constitute the curriculum. The departments shall periodically advise Firefighters/Security Officers and Fire Fighters of course availability.
5. Requests for Fire Fighter and Firefighter/Security Officer training that are otherwise consistent with this provision will not be unreasonably or arbitrarily denied. It is the intent and desire of the parties that Fire Fighters and Firefighter/Security Officers be trained and certificated as expeditiously as operational needs and funding permit.
6. The employer shall have discretion to determine which specific out- service courses within each category are authorized for attendance by a given Fire Fighter or Firefighter/Security Officer. Consideration shall include the fire service needs of the facility, when and where the course is scheduled to occur, the availability of funds designated for Fire Fighter or Firefighter/Security Officer training and the preference of the Fire Fighter or Firefighter/Security Officer. Upon a successful completion of a course authorized in advance, the employer shall reimburse the Fire Fighter for one hundred percent (100%) of the cost for course-required books and tuition of job-related courses, and fifty percent (50%) of the cost for course-required books and tuition of career related courses. For purposes of this section, job related courses are courses which provide useful job-related knowledge, while career related courses are courses which are for career development. Further, the Fire Fighters or Firefighter/Security Officer may attend authorized courses without loss of compensation when otherwise scheduled for work.
7. The above curriculum is not intended to preclude Fire Fighters or Firefighter/Security Officer from requesting or the employer from requiring attendance at courses required for maintenance of special certificates or licenses that are required by the employer for the job of Fire Fighter or Firefighter/Security Officer.
3. For Unit 7 Firefighter/Security Officers, the following shall be provided:
1. Penal Code 832 Level III minimum.
2. P.O.S.T. recognized chemical agent and refresher
3. Self Defense Training-minimum eight (8) hours annually
4. P.O.S.T. recognized baton and annual refresher
5. Quarterly Firearms Certification (Except DVA)
6. Other specific training or P.O.S.T. recognized courses as required by the department or by law.
7. Crisis Intervention/Behavioral Health Training
8. Fire Prevention Training – Fire Inspector IA and IB
9. Annual Active Shooter Response Training
10. EMS Training
4. Self Defense Training
   
   All other Unit 7 peace officers shall receive a minimum of eight (8) hours of Self Defense Training per fiscal year. Training in managing assaultive behavior at DSH and DDS will substitute for self defense training. This training may be conducted concurrently with the quarterly shooting qualification training. This provision shall not apply to the Department of Justice.
5. Licensing Registration Examiner (LRE) Training
1. The department shall continue its practice of providing a minimum of one hundred twenty (120) hours initial training to newly appointed LREs. Incumbent LRE’s shall receive at least eight (8) hours of refresher and updated training per year.
2. Licensing Registration Examiners who are required by the department to process vehicle registration or perform VIN verifications shall receive the appropriate training. Such training will be scheduled in accordance with operational needs.
3. It is further agreed that basic CPR and First Aid Training shall be made available to LREs who volunteer for such training. Training will be scheduled in accordance with operational needs.
4. DMV shall endeavor to dedicate one 1-hour training slot each month to LRE specific topics such as drive test criteria.

1. New employees shall receive a minimum of 80 hours of onboarding which includes but is not limited to:
1. Orientation to state service, and the job of the Special Investigator/Investigator.
2. Basic Safety and Vehicle Information.
3. Database and Computer Programs related to the job within the employed entity explanation and usage.
4. Business and Professions code overview.
5. Investigative Report Writing.
6. Hearsay Testimony/Prop 115 Training.
2. New Special Investigators/Investigators shall complete the onboarding training within 12 months from the date of hire.
3. The duration and subject matter of training is to be determined by the department based on the identification of current priorities and issues. If a Special Investigator/Investigator misses training due to operational need or personal reasons, DCA will endeavor to provide training no later than 12 months from the previously scheduled training.
4. When such training is not available during normal work hours, the employee may flex their hours to attend evening classes with supervisory approval.
5. All Special Investigators/Investigators may be given the opportunity to attend the following trainings:
1. Regulatory Investigative Techniques for Regulatory Agencies
2. Investigative Report Writing
6. All new Contractors State License Board (CSLB) Special Investigators/Investigators shall be given the opportunity to attend the CSLB Enforcement Academy within the first two (2) years after hire. Any Special Investigators/Investigators who have been out of the classification for four (4) years or more will be eligible to attend the Academy for retraining. Special Investigators/Investigators will be eligible for retraining every four (4) years.

1. An employee's official departmental personnel file shall be maintained at a location identified by each department head or designee.
2. Upon request of any Unit 7 employee, the State shall identify any and all supervisory/managerial personnel files kept by the State on the employee including identifying the location of each file. An employee and/or the authorized representative may review any of the employee’s personnel files during regular office hours, except where denial of access is authorized by statute. Where the file is in a location remote from the employee's location, reasonable arrangements will be made to accommodate the employee's review of the file. However, the State shall incur no travel costs in accommodating the employee.
3. No other personnel files on the Unit 7 employees, other than those referenced in this section, shall be maintained by any agent of the State for any purpose.
4. Information in an employee's personnel files shall be confidential and available for inspection only to the employee's department head or designee in connection with the proper administration of the department's affairs and the supervision of the employee; except, however, that the information in an employee's personnel files may be released pursuant to court order or subpoena. A good faith effort shall be made to notify an affected employee of the existence of such a court order or subpoena or a motion for court order to gain access to personnel files prior to the release of any information.
5. Adverse evaluation material or adverse material relating to an employee's conduct, attitude or service shall not be included in their official personnel file or any other file as identified under (B). above, without being signed and dated by the author of such material. Before the material is placed in the employee's file, the department shall provide the affected employee an opportunity to review the material, and sign and date it. A copy of the evaluation material relating to an employee's conduct shall be given to the employee.
6. An employee and/or the authorized representative having the employee's signed authorization may review the employee’s official personnel files during regular office hours. Where the official personnel file is in a location remote from the employee's work location reasonable arrangements will be made to accommodate the employee's review of the file. However, the State shall incur no travel costs in accommodating the employee.
7. The employee shall have a right to insert in their file within thirty (30) days of the employer placing an item in the personnel file reasonable supplementary material and a written response to any item in the file. Such response shall remain attached to the material it supplements for as long as the material remains in the file.
8. Materials relating to an employee’s performance which are included in the employee’s official departmental personnel file shall be retained for a period of time specified by law. If not specified by law the period of time shall not exceed three (3) years. Materials which are included only in a supervisory/managerial file and not forwarded for the official personnel file shall only be retained for one (1) year.
9. Documentation on or related to administrative investigations or inquires which are unfounded, exonerated or not sustained shall not be placed in the employee’s official personnel file. When requested, the location of the file containing the documents shall be identified to the employee. No administrative investigation or inquiry shall have a finding other than sustained, unfounded, exonerated or not sustained.

1. The reporting location for new Cadets entering the Department shall be a POST-certified Peace Officer academy to be determined by the Department. If the Department determines it necessary to change this reporting location, the Department shall notify CSLEA of the proposed change. CSLEA, if requested, shall be given the opportunity to meet and confer over the impact of the proposed change.
2. Upon successful completion of the Basic Visitor Services Training course, employees will be assigned to a new work location based on class standing at the time work locations within their time base are made available. Employees with the highest class standing will have first choice of available work locations within their time base. Employees will normally be notified of the available work locations within their time base at least forty-five (45) calendar days prior to graduation. Employees will report to their new work location at their own expense. Determination of available positions shall be made after due consideration is made to the needs of existing staff in the Department. Vacant positions shall first be offered to current staff in the district in which the vacant positions exist. Any positions which are not filled via intra-district transfer shall then be offered Department wide for transfer. External candidates will be provided an opportunity to apply after internal candidates have been considered. Positions that remain vacant after they have been offered statewide (twice within a rolling calendar year, from when the position was first posted) may then be offered to the Cadets. At least 30 days prior to assigning positions to the Cadets, a list of vacant positions in each District shall be made available by the Department to CSLEA. The Department shall meet with CSLEA to discuss which positions are available.
3. Employees appointed as a cadet in the Cadet Program may be subject to unpaid time off during the Cadet training and will be notified at the time of the appointment.

1. The State employer encourages Unit 7 employees to share their ideas with management regarding the interpretive and resource management activities of the Department of Parks and Recreation. These ideas should be submitted to management through the normal organizational chain of command.
2. The Department will provide by policy for time for development, preparation, and presentation of interpretive programs, for the use of volunteers, and for coordination of interpretive programming at the District level.

1. The State shall provide to all employees, two (2), eight (8) hour days per fiscal year (without loss of compensation) for activities such as, professional association activities, professional and/or personal development seminars, etc., to promote professional and/or personal growth and to enhance professional and/or personal goals. These activities are at the employees’ expense and therefore the choice of activity is at the employee’s discretion. This time shall be requested and approved in the same manner as vacation/annual leave. Such time shall not be accumulated.
2. Employees working part-time shall earn PDD credit on a pro-rated basis in accordance with the following chart.
   
   

   Time Base	PDD hours credited per PDD day
   1/5	1.60
   2/5	3.20
   3/5	4.80
   4/5	6.40
   1/8	1.00
   1/4	2.00
   3/8	3.00
   1/2	4.00
   5/8	5.00
   3/4	6.00
   7/8	7.00
   1/10	0.80
   3/10	2.40
   7/10	5.60
   9/10	7.20

3. Permanent Intermittent employees will be eligible for PDD on a pro-rated basis, based on the hours worked during the pay period of usage. The pro-ration shall be based on the chart below:
   
   

   Hours on pay status during pay period	PDD hours credited per PDD day
   0 - 10.9	0
   11 - 30.9	1
   31 - 50.9	2
   51 - 70.9	3
   71 - 90.9	4
   91 - 110.9	5
   111 - 130.9	6
   131 - 150.9	7
   151 and over	8

4. PDD credit may be used in one (1) hour increments.

1. New employees are required to receive a minimum of ninety-six (96) hours of orientation and Initial Entry Training which includes, but is not limited to:
1. Mandatory pre-training seminar
2. Pre-training conditioning and skills
3. Mandatory Lifeguard/in-service training
2. New Seasonal Lifeguard employees participating in such training shall be paid their hourly wage as the training time shall be considered time worked for compensation and service credit with the Department of Parks and Recreation. All such training shall only occur after the date of hire and shall be considered authorized job-related training.

1. When the State desires to establish a new classification and assigns it to Bargaining Unit 7 or modifies an existing one that is in Bargaining Unit 7, CalHR shall notify CSLEA in writing at least thirty (30) calendar days prior to requesting the State Personnel Board to adopt the classification proposal.
2. If CSLEA requests in writing within fifteen (15) calendar days of the notice, CalHR shall meet with CSLEA to discuss the proposed class specification. If CSLEA does not respond to the classification notice, the classification proposal shall be deemed agreeable to CSLEA and be placed on the State Personnel Board's consent calendar.
3. CalHR shall meet and confer, if requested in writing within seven (7) calendar days from the date State Personnel Board approved the classification change, regarding only the compensation provisions of the classification.
4. Neither the classification nor the salary shall be subject to the grievance and arbitration procedure in Article 6.

1. Notwithstanding Government Code Sections 905.2, 19818.8, 19823, an employee may be required to perform work in a higher classification other than that described in the specification for their classification for up to one hundred twenty (120) consecutive calendar days during a fiscal year.
2. Out-of-Class When Required in Writing
   
   A department head or designee may direct an employee in writing to perform work in a higher class for fifteen (15) consecutive calendar days without any increase in compensation.
   
   If a department head or designee requires an employee in writing to work in a higher classification for more than fifteen (15) consecutive calendar days, the employee shall receive a pay differential of five percent (5%) over their normal daily rate of the class to which the employee is appointed for that period in excess of fifteen (15) calendar days. If a department head or designee requires in writing, an employee to work in a higher classification for thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5%) over their normal daily rate of the class to which the employee is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between their salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of one hundred twenty (120) consecutive calendar days. If the employee is promoted, the five percent (5%) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one (1) assignment.
3. Employees are not performing work in a higher classification when:
1. They are on training and development assignments, in apprenticeship or training classifications or performing duties different from the employee's regular duties because of an injury, illness or return to work program.
2. CalHR approves a change in allocation standards and an employee claims that they were working in a higher classification prior to the effective date of the change in the standards.
3. The SPB establishes a new class which describes duties that were previously properly allocated to another class and an employee claims that they were working in a higher class prior to the effective date of the class establishment.
4. The current class specification permits the performance of such duties.
5. An employee requests accelerated movement in a deep class series (e.g., Staff Services Analyst Ranges A, B, C).
4. Should any employee file suit against CSLEA seeking to declare this provision illegal, the State shall indemnify CSLEA for any costs incurred in defending itself.
5. The State shall not rotate employee’s in and out of acting assignments for the purposes of avoiding payment of an out-of-class differential.
6. It is not the State's intent to select employees for out-of-class assignments based on favoritism.
7. Out-of-Class Grievances
1. Should a dispute arise, this section shall be subject to the grievance and arbitration procedure and shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.8 or the California Victim Compensation and Government Claims Board.
2. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator.
3. Arbitrators shall not have the authority to order reclassification (reallocation) of a Grievant's position or discontinuance of out-of-class work assignments.
8. Effective October 1, 2023, payments made pursuant to this section will not be considered compensation for retirement purposes.

1. The parties also recognize the desirability of permitting a permanent employee to transfer within their department and classification to another geographic area which the employee deems to be more desirable. Geographic Transfer is defined as a transfer which reasonably requires an employee to change their residence. Each employee requesting a geographic transfer shall apply in accordance with the following procedures:
1. Employees desiring to transfer shall apply in writing to their department head or designee in a manner prescribed by the department. Such transfer applications shall be to permanent positions in the same department within the employee’s current classification.
2. An individual department may require an employee to have completed their probationary period in the classification with the equivalent of one (1) year of service at the journey level of the available position to be eligible for transfer under the provisions of this section.
1. If there is more than one (1) permanent employee with a transfer application to the same location on file, the department shall select the applicant with the most seniority. For positions requiring specific job-related skills, the department shall select the most senior applicant with the requisite skill(s).
2. Except where otherwise provided in this agreement, seniority is defined as department service in the advertised classification.
3. Except where otherwise provided in this agreement, employees who accept a geographic transfer shall not be eligible for another geographic transfer for the equivalent of a one (1) year period. If an employee refuses to accept a transfer offer, they shall not be eligible to apply to transfer for the following three (3) month period. Acceptance of the geographic transfer may be rescinded upon the request of an employee contingent upon the approval of the department.
4. Employees who are subject to corrective action such as, but not limited to, counseling, interim reporting, or an adverse action of a reduction in salary or a suspension, are not eligible for geographic transfer without the approval of the department. Any transfer restriction shall end at the end of the adverse action, or thirty (30) days after the employee is subjected to any other form of corrective action if there are no additional incidents or occurrences.
5. An employee who was denied a voluntary transfer may request from the Department a written response for such denial. The Department has thirty (30) days from the request to provide a response. The reason for any denial is not grievable or arbitrable.

1. The CCC may fill vacant positions covered by the CSLEA agreement according to the needs of the department. This includes filling positions through the use of existing eligible or promotional lists, involuntary transfers, reassignments, Training & Development (T&D) Assignments, or any other selection method approved by the CalHR.
2. The CSLEA/STATE agreement also offers another alternative to filling vacancies, the Employee Opportunity Transfer (EOT) process. This process allows employees to apply for transfers to other center locations.
3. Once a year, in February, all employees covered by the CSLEA agreement shall have the opportunity to apply for transfers to other center locations.
4. Employees shall submit their transfer requests to the CCC Personnel Office, attention: Personnel Transaction Supervisor.
5. Requests shall be submitted on the Employee Opportunity Transfer Application, CCC Form 128 (9/84).
6. Transfer requests shall be to permanent positions in the CCC within the employee’s current classification.
7. Employees shall not submit more than fifteen (15) EOT applications for separate centers during the open filing period.
8. EOT applications received after the final filing date will not be honored.
9. Employees must resubmit their EOT applications every year.
10. Use of the EOT process is voluntary on the part of the recruiting supervisor. However, once the supervisor decides to recruit using the EOT process, the supervisor shall select an employee from among the four (4) most senior employees who already have an EOT application to that location on file.
11. Seniority shall be based on departmental service by classification.
12. For voluntary transfers that require specific job-related skills, the supervisor shall select an employee from among the four (4) senior employees who already have an EOT application for that location on file and who possesses the requisite skills.
13. Employees who are subject to formal corrective action will not be eligible for transfer, except as set out in Section 16.2, Voluntary Geographic Transfers, of this contract.
14. Whenever a new special program Conservationist assignment is established, the CCC may assign the new duties in one of the following ways:
1. When two or more Conservationists are interested in the new duties, unit management will conduct an internal competitive process (to be determine by management, but to include one of the usual methods used for vacancies) to choose which Conservationists will take on the new duties, or
2. If no Conservationists are interested in the new duties, unit management will determine an appropriate set of criteria that will be shared with staff and the most qualified Conservationists will be assigned the duties.

1. SPECIAL AGENTS OR SPECIAL AGENT SUPERVISORS
1. The provisions of this section apply to the voluntary transfer of Special Agents or Special Agent Supervisors between divisions, bureaus, regional offices, or the equivalent in compliance with all existing civil service laws, rules, and this MOU. Transfers within the same geographic location must be to a different division, bureau, regional office, or the equivalent.
   
   As used in this section, the term “voluntary transfer” refers to a transfer executed on the basis of seniority through the process established by this section.
2. The DOJ and CSLEA recognize that when a vacant position is to be filled, the needs of the DOJ must be given first priority. The DOJ retains the right to fill vacancies by any method in accordance with Section 16.1 and this section. However, the needs of the DOJ may be met by using seniority as one of the primary criteria to fill vacancies.
   
   DOJ reserves the right to fill vacancies by other methods as set forth herein. The exercise of that right will be the exception and not the rule. The DOJ has the right to fill vacant positions by using eligibility lists, involuntary transfers, reinstatements, reassignments, training and development assignments, voluntary return from a residential task force and other approved methods. In addition, the DOJ may fill vacant positions for reasons such as, but not limited to, affirmative action, layoff, special skills, special abilities, special aptitudes or hardship based on the health and/or welfare of the employee or the employee's family.
   
   When the DOJ utilizes any method other than seniority to fill vacant Special Agent and Special Agent Supervisor positions, the bureau Director shall first receive authorization from the appropriate division Chief.
3. General Criteria
1. Agents will be ineligible to transfer if within the prior twelve (12) month period they have received one (1) unacceptable rating or two (2) or more below standard ratings in the critical task categories for the Special Agent series.
   
   Notwithstanding the above, the hiring and receiving bureau Director may allow the transfer.
   
   Any personnel currently the subject of adverse action will also be ineligible to transfer. Adverse action is defined as being subject to investigation which, based upon the review of the division Chief, has a reasonable likelihood of resulting in a long-term suspension, demotion, or dismissal; or, during the period in which an employee is serving the penalty imposed by a Notice of Adverse Action. However, the demotion of a Special Agent Supervisor shall not operate as a bar for the affected employee to transfer to Special Agent vacancies. This section shall only be subject to the grievance procedure under the following circumstances: (1) the division Chief fails or refuses to conduct a review of an ongoing investigation after being requested to do so, or (2) the determination by the division Chief as to whether an investigation has a reasonable likelihood of resulting in adverse action within the meaning of this section, is arbitrary and capricious.
2. Extended off-duty status (e.g., 4800 or sick leave) may be grounds for denial of a transfer request. The projected length of off-duty status and workload of the bureau shall be considered. Final decisions shall rest with the receiving division Chief or designee.
3. Special Agents and Special Agent Supervisors who have voluntarily transferred under this policy shall not be eligible for another voluntary transfer for a minimum of twenty-four (24) months from the effective date shown on the Request for Personnel Action (RPA).
4. A request for transfer (Form DOJ 1411) may be submitted prior to completion of the required twenty-four (24) month period, when the department opens the transfer list.
5. Special Agents and Special Agent Supervisors will not be eligible for voluntary transfer for a minimum of twenty-four (24) months from the beginning date of their current assignment, including an assignment upon promotion.
6. For purposes of determining when the clock starts, the effective date of the assignment is reflected on the RPA. The effective date for transferring employees shall normally be within ninety (90) days of the notification of the transfer. However, DOJ may require the transferring individual to physically report to the new assignment before, on, or after the effective date based on an agreement between the two (2) involved Bureau Directors, and/or Senior Assistants Attorney General. Notification is a written directive from a Bureau Director, a Senior Assistant Attorney General or above, notifying the individual that they will be expected to report on a specific date; that date will also be the effective date of the RPA.
7. A transfer list will be accessible in a DOJ pre-identified manner/location to all Special Agents and Special Agent Supervisors.
8. The period of time employees were assigned to the Division of Medi- Cal Fraud and Elder Abuse (DMFEA) as investigators, prior to being reclassified in the Special Agent Series, shall be included in the calculation of seniority for the purpose of transfers within the DMFEA. Employees who were in the Attorney General Investigator Series, and were reclassified into the Special Agent Series, will have a November 1, 1998, the State Personnel Board’s action date for the reclassification, start date in the Special Agent Series to be used for the purposes of calculating seniority within the Special Agent Series outside of the DMFEA.
4. Seniority List
1. A seniority list shall be established and maintained by DOJ.
2. This list shall establish seniority dates in grade, by date of hire and/or date of promotion. Transfer requests, unless exempted by this policy, shall be afforded to the Special Agent Supervisor with the greatest in grade seniority or to the Special Agent with the greatest total seniority in any Agent classification. When two (2) or more Special Agents or Special Agent Supervisors request the same transfer and have the same seniority, the tie shall be broken as follows:
1. The Agent with greater seniority as an Agent with the Department shall have priority.
2. If seniority is otherwise equal, the Agent with the earlier request date shall receive the transfer.
3. Should two (2) Agents have equal seniority and identical request dates; the tie will be broken by a flip of the coin to be performed in the presence of a DOJ designee and a designee of the Special Agents Association.
3. Transfer requests shall be submitted on a form DOJ 1411 and may be submitted whenever the department opens the transfer list. However, the Special Agent or Special Agent Supervisor shall not be eligible for transfer until completion of their current twenty-four (24) month assignment, unless DOJ waives this requirement. (This section is controlling over General Criteria and shall be consistent with Seniority Section).
4. Voluntary transfers are considered to be for the individual's benefit and shall be at their own expense.
5. Transfer requests shall be limited to a maximum of five (5) specific requests for transfer.
6. Special Agents/Special Agent Supervisors shall rank each request according to preference, on DOJ Forms 1411.
7. Voluntary transfer requests are valid and binding unless the employee has submitted a request for cancellation prior to the action commencing to fill the position.
5. Deadlines, Cancellations, and Amendments of DOJ Form 1411
1. Deadlines – General
   
   Deadlines are established on a specific date. Deadlines for submitting transfer requests may be in conjunction with a Special Agent Entry Training Class, promotion, or other administrative action. Once a deadline has passed, transfer books will be reopened.
   
   Any transfer requests, amendments or cancellations submitted after the deadline cannot be considered.
   
   Transfer requests on file are subject to the assignment at times other than in conjunction with Special Agent entry class assignments, i.e., in conjunction with reinstatements, administrative moves, etc. In filling these vacancies, no deadline date shall be established, and consideration shall be given only to transfer requests on file on the date instructions are given to fill the vacancies.
2. Deadlines – Special Agents and Special Agent Supervisors
   
   Special Agents-In-Charge will be notified by memorandum of the final date for receipt of DOJ Form 1411, Request for Transfer. Original requests, amendments and cancellations must be received by the Department by 1700 hours on the deadline date. Original requests, amendments or cancellations received by the Department after the deadline date will be returned to the Special Agent-In-Charge. The Special Agent-In-Charge shall notify every agent under his command. Special Agent or Special Agent Supervisor requests for voluntary transfer shall be given priority over new hires or transfers from outside agencies.
   
   A request for voluntary transfer shall remain in effect until one of the following occurs:
1. Transfer to one of the requested locations is affected.
2. The employee is appointed to another class or position.
3. The employee cancels the request.
   
   To cancel requests for transfer, employees shall submit Form 1411 to the Department indicating the specific request to be canceled.
4. The employee amends the request.
   
   An employee desiring to amend a transfer request already submitted shall submit DOJ Form 1411 to the Department identifying the desired amendment.
6. Positions Filled by Methods Other than Seniority
1. Management may fill Special Agent or Special Agent Supervisor positions other than by seniority by methods set forth in this section.
2. Positions filled by methods other than seniority shall be posted for a period of no less than fourteen (14) calendar days.
3. Job announcements shall specify any special skills, special ability or special aptitude requirements for the position. Management shall notice CSLEA of their intent to fill positions by methods other than seniority not less than seven (7) days prior to advertising positions. Upon request by CSLEA, the DOJ agrees to meet and discuss the impact of filling these positions by a means other than seniority.
4. Special Agents and Special Agent Supervisors wishing to apply for posted positions must submit all required documents as identified in the job announcement.
5. When a job is announced, and interest is expressed in that job, the appropriate hiring manager shall hold an interview permitting the Agent to express their qualifications and reasons for appointment prior to decision by DOJ. When more than ten (10) candidates apply for a position, the applications will be reviewed and the most qualified ten (10) candidates will be interviewed. After the appointment is made, the individual who conducted the interview shall be available to all unsuccessful candidates to discuss the unsuccessful candidate’s relative qualifications.
6. When management is filling a position other than by seniority which requires special skills, abilities, or aptitudes, such as, but not limited to, Task Force Commander, bilingual positions, pilots, legislative advocates, and positions at the Advanced Training Center, for which announcements and specification of required skills and abilities are required, management need not take into consideration seniority at any stage of the selection process.
7. Task Force Assignments
1. Special Agents or Special Agent Supervisors wishing to apply for a Residential Task Force assignment shall apply as described in this section “Positions Filled by Methods Other Than Seniority” above.
2. Requests for a non-residential task force will not be accepted. Individuals desirous of an assignment to a specific non-residential task force will have to request transfer to the specific regional office.
3. Management retains the right to assign personnel to non-residential task forces within the regional office as appropriate.
4. Employees voluntarily returning from a residential task force shall have a mandatory right to reinstate to the first available vacancy in the regional office from which they were assigned.
   
   No relocation expenses shall be paid to employees exercising their voluntary return to a regional office from a residential task force, unless otherwise qualified under a CalHR rule.
5. For purposes of this section, residential (non-commute) task forces are those task forces located forty-five (45) or more air miles from the regional office, and/or normal commute from the regional office to the task force is in excess of sixty (60) minutes. Residential task force assignment will be for a specific task force.
8. Establishment of New Office
1. Whenever the Department establishes a new office within a division, bureau or regional office or experiences a major increase [exceeds fifty percent (50%)] in positions in an existing location, DOJ retains the discretion to hire pursuant to Section 16.1, use the transfer list, or a combination of both.
2. DOJ shall adhere to the provisions of this policy as positions become vacant.
3. DOJ agrees to notice CSLEA regarding the establishment of a new office or major increase in positions in an existing location. Upon request of CSLEA, the DOJ agrees to meet and discuss with CSLEA the method of filling vacancies created by new offices or vacancies created by major increases in existing offices.
2. CRIMINALISTS AND SENIOR CRIMINALISTS
1. The provisions of this section apply to the voluntary transfer of Criminalists and Senior Criminalists (C and SC) at the DOJ between geographic locations, in the Division of Law Enforcement (DLE). These voluntary transfers shall be in compliance with all existing civil service laws, rules, this contract and are considered to be for the individual's benefit and shall be at their own expense.
2. DOJ has the right to fill vacant positions by using eligibility lists, voluntary transfers, involuntary transfers, reinstatements, reassignments, training and development assignments, and other approved methods. In addition, DOJ may fill vacant positions for reasons such as, but not limited to, affirmative action, layoff, special skills, special abilities, special aptitudes, or hardship based on the health and/or welfare of the employee or the employee's family. Absent these considerations seniority-based transfers shall prevail.
3. The provisions of this section apply whenever DLE is authorized and intends to fill a vacant position in the C and SC classifications. Vacancies and new positions will be accessible to all staff.
4. Eligibility
1. In order to be eligible to transfer under this section, employees must have completed their probationary period. A request for transfer may be submitted up to ninety (90) days prior to completion of the probationary period. However, the C and SC shall not be eligible for transfer until completion of their probationary period. The prohibition to a voluntary transfer while on probation may be waived by the division chief.
2. Employees who are subject to corrective action shall not be eligible for transfer until completion of said action. Subject to corrective action is defined as being the subject of an investigation or serving a specified period of corrective action. Prohibition to transfer under this policy solely because of an investigation shall be for no longer than a twelve (12) month period.
3. C and SC, who have previously voluntarily transferred under this section, shall not be eligible for another voluntary transfer for a minimum of twelve (12) months from the effective date shown on the Request for Personnel Action (RPA) for the previous voluntary transfer. A request for transfer may be submitted up to ninety (90) days prior to completion of the required twelve (12) month period.
5. Process
1. DOJ shall establish and maintain a C and SC seniority transfer list, hereafter referred to as the list.
2. This list shall establish, for the purposes of seniority-based transfers, seniority dates in the classification (C and SC,) by date of hire and/or date of promotion and show the date of the employees’ request was received and the desired location(s).
3. A list will be accessible to all C and SC employees in a DOJ pre-identified manner/location. The DOJ shall provide an updated list on a quarterly basis unless there are no requests for inclusion or deletion since the last update.
4. To be placed on the list, an employee must submit to their bureau chief or designee a signed and dated request (bid) for transfer.
5. Bids may be submitted for inclusion on the list for the next quarter up until ten (10) days before the beginning of that quarter. Quarters begin the first day of the months of January, April, July, and October.
6. Bids submitted for the list will remain valid for two (2) years.
7. Employees may identify up-to two (2) desired locations for transfer, ranked according to preference.
8. Turning down three (3) consecutive transfers removes the employee from the list and the employee may not reapply for one (1) year from the notification date to management that the third transfer offer will not be accepted.
9. Employees who effect a voluntary transfer may not transfer again for a period of at least one (1) year.
10. Any errors in the list must be brought to the attention of DOJ within fifteen (15) calendar days after the seniority transfer list is received at the work site.
6. Amendments and Removal
1. An employee desiring to amend a bid for transfer already submitted, shall submit a memorandum to the bureau chief or designee identifying the desired amendment according to the schedule in item (5) above.
2. To be removed from the list, an employee must submit to their bureau chief or designee a signed and dated letter or memorandum requesting removal from the list.
7. Ties
1. When the seniority transfer process is being used to fill a vacant C and SC position and two (2) or more employees in the class of the vacancy apply for the same position, the employee with the greatest seniority in the series will be selected. If a computation of this seniority results in a tie, the following tie-breakers will be used:
1. First, total time in the classification, if that does not break the tie,
2. Second, the employee with the earliest request date (date of receipt of transfer request at BFS headquarters) shall be selected. If there is still a tie,
3. Third, a DOJ designee and a designee of the Association of Criminalists shall decide the outcome by the flip of a coin.
1. When DOJ fills a vacant position using a seniority transfer, the most eligible bidder will be contacted by the bureau chief or designee and will have forty-eight (48) hours after the job offer to accept or decline the offered position.
2. The senior eligible employee shall be given a minimum of thirty (30) calendar days to report to the new position, unless waived by the employee.
8. Transfers Filled by Methods Other than Seniority
   
   When the DOJ utilizes any method other than seniority to fill vacant C and SC positions, the bureau chief or designee shall notify the division chief.
1. Special Skills, Abilities, or Aptitudes
1. When management is filling a position by a method other than seniority which requires special skills, abilities, or aptitudes, a job announcement for the position shall:
1. Be issued for a period of no less than twenty-one (21) calendar days,
2. Specify any special skill, ability, or aptitude considerations for the position, and,
3. Be posted on the employee bulletin board at each work site where C and SC are employed.
9. Establishment of New Units
1. Whenever the Department establishes a new unit or experiences a major increase [exceeds fifty percent (50%)] in positions in an existing unit, seniority need not be considered when initially filling positions allocated to the C and SC classifications assigned to the new or existing unit. However, management shall adhere to the provisions of this section as positions become vacant.
2. The DOJ agrees to notice CSLEA regarding the establishment of a new unit or major increase in positions in an existing unit. Upon request of CSLEA, DOJ agrees to meet and discuss with CSLEA the method of filling vacancies created by new units or vacancies created by major increases in existing units.