ARTICLE 13 CAREER DEVELOPMENT
13.1 Performance Appraisal of Permanent Employees a. The performance appraisal system of each department may include an annual written performance appraisal for permanent employees. Such performance appraisal may be completed at least once each 12 calendar months after an employee completes the probationary period for the class in which he/she is serving. b. A Unit 1 employee may grieve the content of his/her performance appraisal through the third step of the grievance procedure when he/she receives a substandard rating in either a majority of the performance factors or an overall substandard rating. c. Formal meetings between employees and management concerning unsatisfactory work performance or work related problems normally should be held in private or in a location sufficiently removed from the hearing range of other persons. The Union recognizes that the circumstances of the situation and/or the physical layout of the office space may preclude privacy. 13.2 Release Time for State Civil Service Examinations Employees who are participating in a State civil service examination shall be granted reasonable time off without loss of compensation to participate in an examination if the examination has been scheduled during his/her normal work hours and the employee has provided reasonable (normally two working days) notice to his/her supervisor. For the purposes of this Section, hiring interviews for individuals certified from employment lists shall be considered part of the examination process. The State shall attempt to accommodate a shift change request from an employee who is scheduled to work a graveyard shift on the day of an SPB examination. 13.3 Education and Training a. It is the policy of the State to assure quality service to the public by developing the skills and abilities of Unit 1 employees through training activities. These interests are served by having competent employees capable of maintaining productivity, able to adjust to changes in service requirements, and prepared to assume increased responsibilities. b. Each State Department shall make available at the work site to Unit 1 employees its training policies and, annually, its training course list. Each department shall provide to the Union a copy of its training course list. c. Each State department shall be required to complete an annual Individual Development Plan for each permanent full-time employee and for permanent intermittent employees who work 750 hours or more annually. d. Working within budgetary and workload constraints, each State department, through its annual training plan process, will provide training in handling hostile and threatening behavior where required for job performance. e. The parties agree that training on rape prevention, sexual harassment awareness, and stress reduction are appropriate subjects for high priority consideration by the appropriate Joint Labor/Management Health and Safety Committees. f. The State and the Union recognize that certain benefits accrue to the State and Unit 1 employees through participation in professional job-related conferences and conventions. The State, working within the framework of budgetary and workload constraints, will support such activities. g. The State agrees to reimburse Unit 1 employees for expenses incurred as a result of passing training or education courses required by the department to assure adequate performance or increase current job proficiency. When such courses are offered during normal working hours, the employee shall receive his/her regular salary. When such courses are taken outside of normal working hours, an employee in Work Week Group 1, 2 or 4A shall be reimbursed in cash or the work hours may be adjusted on an hour-for-hour basis commensurate with the hours necessary to attend classroom instruction. The reimbursement will include: (1) Tuition and/or registration fees. (2) Cost of course-related books. (3) Transportation or mileage expenses. (4) Toll and parking fees. (5) Lodging and subsistence expenses. An employee who does not satisfactorily complete a training or education course required by the department according to the department's predetermined standards shall not be eligible for reimbursement of tuition and other necessary expenses and shall agree to return any advance payment received. h. Reimbursement for the above expenses shall be in accordance with Article 12 of this Contract. i. When assigning an employee to career-related out-service training, 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) reimbursement for tuition and other necessary expenses. Except as established by the department, reimbursement should be for 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. j. The employee or his/her estate shall receive reimbursement for tuition and other necessary expenses, if the training assignment is terminated prior to completion either (1) at the convenience of the State, or (2) because of death, prolonged illness, disability, or other eventuality beyond the control of the employee. k. Each department, upon request of an eligible employee as defined in Subsection 12.8(a), will make available any information prepared by the Department of Motor Vehicles covering the commercial driver's license examination. 13.4 Joint Apprenticeship Committee a. It is the policy of the State employer to support the establishment of apprenticeship programs in Unit l where such programs are deemed appropriate. The Union and the State agree that such apprenticeship programs shall be administered in accordance with the following provisions: (1) The classification of positions and the selection process shall be governed by the State Personnel Board. The State retains the right to hire. (2) A Joint Apprenticeship Committee shall evaluate and discipline any employee participating in an apprenticeship program under the scope of civil service rules and regulations. (3) Apprenticeship programs shall operate under the Joint Committee concept; i.e., each committee shall contain an equal number of representatives selected by the Union and by the State. (4) Each Joint Apprenticeship Committee shall oversee the training program for the classes included in that Committee's program. (5) Union representatives who have been selected as Joint Apprenticeship Committee members shall serve with no loss of compensation during Committee meetings. (6) The State reserves the right to withdraw from an apprenticeship program when such action is deemed to be in the best interest of the State. However, subject to the need to lay off or discipline, any apprenticeship currently in the program shall be allowed to complete the program. The State agrees to give the Union 30 days' notice before withdrawing from an apprenticeship program. b. The State agrees to continue the following apprenticeship programs for the term of this Contract, or until having withdrawn, pursuant to Item 6 above: (1) Programmer Apprenticeship Program - State Controller's Office (2) Programmer Apprenticeship Program - Department of Education (3) Programmer Apprenticeship Program - Department of Alcoholic Beverage Control (4) Programmer Apprenticeship Program - Employment Development Department (5) Programmer Apprenticeship Program - Department of Developmental Services (6) Programmer Apprenticeship Program - Department of Mental Health (7) Programmer Apprenticeship Program - Department of Social Services (8) Programmer Apprenticeship Program - California Community Colleges (9) Programmer Apprenticeship Program - Department of Motor Vehicles (10) Programmer Apprenticeship Program - California State Lottery (11) Programmer Apprenticeship - Franchise Tax Board c. The Union and the State agree to jointly explore areas of possible expansion of the existing and the creation of additional apprenticeship programs for Unit 1 occupations. The Union and the State agree to meet on this matter at the request of either party. Any new Joint Apprenticeship Committees shall function in accordance with this Section. 13.5 Performance Standards a. Recognizing the professional nature of Unit 1 employees, the employer shall, in the development of performance standards, adhere to the following: employee performance standards shall be based upon valid work-related criteria which, insofar as practicable, includes qualitative, as well as quantitative, measures. Such standards shall, insofar as practicable, reflect the amount of work which an average trained person can reasonably turn out in a day. b. Employee performance standards shall be established in accordance with the following guidelines: (1) When a department intends to establish new performance standards, or add to, or alter existing performance standards, the Union will be notified and given opportunity to meet on the proposed standards with the department. (2) Normally, new performance standards or changes in existing performance standards shall not be implemented until they have been tested for an appropriate period. During the test period, employees will not be held accountable for the proposed standards. At the end of the test period, the parties shall meet on the test findings. 13.6 Employee Recognition and Morale Program - Franchise Tax Board a. The Franchise Tax Board agrees to establish the Employee Recognition and Morale Program to recognize individual employees and/or group of employees for outstanding contributions on the job. All Bargaining Unit 1 employees are eligible for recognition under the program. b. The program will be established as a one-year pilot program effective September 1, 1992. c. Recognition given under this program will be in the form of either monetary or non-monetary awards. Neither the amount of cash nor the value of a non-monetary award shall exceed $50 per employee. Cash awards under this section are excluded from compensation for the purposes of retirement. d. The Director, Franchise Tax Board, or designee will develop the criteria for granting recognition. e. This section is not subject to Article 6 of this Contract.