AGREEMENT between STATE OF CALIFORNIA and CALIFORNIA STATE EMPLOYEES ASSOCIATION (CSEA) covering

BARGAINING UNIT 1 PROFESSIONAL, ADMINISTRATIVE, FINANCIAL, AND STAFF SERVICES Effective

07/01/99 through 07/02/01

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 - RECOGNITION

ARTICLE 2 - UNION REPRESENTATION RIGHTS

2.1 Union Representatives
2.2 Access
2.3 Use of State Equipment
2.4 Distribution of Union Information
2.5 Use of State Facilities
2.6 Steward Time Off
2.7 Employee Time Off
2.8 Union Steward Protection
2.9 Union Information Packets
2.10 Orientation

ARTICLE 3 - UNION SECURITY

3.1 Union Security
3.2 Release of Home Addresses: Non Law Enforcement Employees

ARTICLE 4 - STATE'S RIGHTS

ARTICLE 5 - GENERAL PROVISIONS

5.1 No Strike
5.2 No Lockout
5.3 Individual Agreements Prohibited
5.4 Savings Clause
5.5 Reprisals
5.6 Supersession
5.7 Non-Discrimination
5.8 Sexual Harassment
5.9 Joint Labor Management/Committee on Discrimination
5.10 Labor/Management Committees

ARTICLE 6 - GRIEVANCE AND ARBITRATION PROCEDURE

6.1 Purpose
6.2 Definitions
6.3 Time Limits
6.4 Waiver of Steps
6.5 Presentation 2424
6.6 Informal Discussion
6.7 Formal Grievance - Step 1
6.8 Formal Grievance - Step 2
6.9 Formal Grievance - Step 3
6.10 Formal Grievance - Step 4
6.11 Response
6.12 Formal Grievance - Step 5
6.13 Health and Safety Grievances
6.14 Grievance Review

ARTICLE 7 - HOLIDAYS
ARTICLE 8 - LEAVES

8.1 Vacation Leave
8.2 Sick Leave
8.3 Bereavement Leave
8.4 Parental Leave
8.5 Adoption Leave
8.6 Union Leave
8.7 Unpaid Leave of Absence
8.8 Catastrophic Leave
8.9 Catastrophic Leave - Natural Disaster
8.10 Release Time for State Civil Service Examinations
8.11 Release Time for State Personnel Board Hearings
8.12 Leave Credits Upon Transfer in State Service
8.13 Court Appearance and/or Subpoenas
8.14 Jury Duty
8.15 Personal Leave Program
8.16 Family Medical Leave Act (FMLA)
8.17 Mentoring Leave

ARTICLE 9 - HEALTH AND WELFARE

9.1 Health Benefit Plans
9.2 Dental Benefit Plans
9.3 Vision Benefit Plan
9.4 Rural Subsidy Program
9.5 Employee Assistance Program
9.6 Pre-Tax of Health and Dental Premiums Costs
9.7 Pre-Retirement Death Continuation of Benefits
9.8 Joint Union/Management Benefits Advisory Committee
9.9 Presumptive Illness
9.10 Employee Injury on the Job
9.11 Employee Injury or Disability
9.12 Non-Industrial Disability Insurance
9.13 Enhanced Industrial Disability Leave (EIDL)
9.14 FlexElect Program
9.15 Long-Term Care Insurance Plan
9.16 Temporary Disabled Employees
9.17 Industrial Disability Leave
9.18 Group Legal Service Plan

ARTICLE 10 - HEALTH AND SAFETY

10.1 Health and Safety Commitment
10.2 Health and Safety Committees
10.3 Occupational Hazards
10.4 Injury and Illness Prevention Programs
10.5 Emergency Evacuation Procedures
10.6 Safety Equipment
10.7 Protective Clothing
10.8 Medical Monitoring
10.9 Hazardous Materials
10.10 Employee Restroom Facilities
10.11 Access to Work Areas 24 Hours
10.12 Personal Alarms
10.13 Referral of Assault/Battery
10.14 Computer Work Stations
10.15 Assaultive Behavior
10.16 Workplace Violence Prevention
10.17 Independent Medical Examinations
10.18 Infectious Disease Control
10.19 Precautions Against Exposure to the HIV Virus and Hepatitis B
10.20 Remodeling/Renovations and Repairs
10.21 Pest Control

ARTICLE 11 - SALARIES

11.1 Salaries
11.2 Salary Definitions
11.3 Timely Payment of Wages
11.4 Merit Salary Adjustments (MSA)
11.5 Night Shift Differential
11.6 Bilingual Differential Pay
11.7 Sustained Superior Accomplishment Awards
11.8 Union/Management Committee on State Payroll System
11.9 Recruitment and Retention Differentials
11.10 Recruitment and Retention - Avenal, Ironwood, Calipatria, and Chuckawalla Valley Prisons
11.11 Deferred Compensation Plans
11.12 Institutional Worker Supervision Pay Differential
11.13 Out-of-State Pay Differential
11.14 Special Adjustments
11.15 Top Step Rounding
11.16 Skill Retention Differential - Information Technology (IT)
11.17 Information Technology Allocations
11.18 Bay Area Recruitment and Retention Pay Differential
11.19 Arduous Duty Differential for 4C Employees
11.20 Classification Studies
11.21 California State Lottery Sales Incentive Bonus
11.22 California State Lottery Business Building Incentive (BBI) Program
11.23 California Housing Loan Insurance Fund (CHLIF) Mortgage Insurance Profit Bonus
11.24 Accounting Recruitment and Retention Differential - CDC
11.25 Professional Competency Pay
11.26 Personnel Services Specialist I/II Realignment

ARTICLE 12 - ALLOWANCES AND REIMBURSEMENTS

12.1 Business and Travel Expense
12.2 Moving and Relocation Expenses
12.3 Parking Rates
12.4 Commute Program
12.5 Transportation Incentives
12.6 State Owned Housing
12.7 Overtime Meal Benefits and Allowances - CDC and CYA
12.8 Overtime Meal Allowance
12.9 Damaged or Destroyed Personal Property
12.10 Uniform Replacement Allowance
12.11 Tools, Business Equipment, Materials and Supplies
12.12 Professional Dues
12.13 Reimbursement of Fees
12.14 Aviation Consultants
12.15 PERS Auditor Affiliation
12.16 Professional License Fees
12.17 Actuary Dues - Department of Insurance

ARTICLE 13 - CAREER DEVELOPMENT

13.1 Personnel and Evaluation Materials
13.2 Personal Performance Session
13.3 Education and Training
13.4 Performance Appraisal of Permanent Employees
13.5 Performance Standards
13.6 Joint Apprenticeship Committee
13.7 Employee Recognition and Morale Program - Franchise Tax Board
13.8 Independent Research/Professional Papers

ARTICLE 14 - CLASSIFICATION

14.1 Classification Changes
14.2 Out-of-Classification Grievances and Position Allocation Hearing Process
14.3 Classification/Pay Data
14.4 Duty Statements
14.5 Automation and New Technology

ARTICLE 15 - EMPLOYEE TRANSFER

ARTICLE 16 - LAYOFF

16.1 Layoff and Reemployment
16.2 Reducing the Adverse Effects of Layoff
16.3 Alternative to Layoff
16.4 Military Installations
16.5 Layoff Employee Assistance Program

ARTICLE 17 - RETIREMENT

17.1 First Tier Retirement Formula (2% @ 55)
17.2 Second-Tier Retirement Plan
17.3 First Tier Eligibility For Employees In Second Tier
17.4 2.5% @ 55 Retirement Formula for Safety Members
17.5 Employer-Paid Employee Retirement Contributions
17.6 Alternative Pre-Retirement Death Benefit
17.7 1959 Survivor's Benefits - Fifth Level
17.8 Enhanced Industrial Retirement
17.9 Safety Retirement Studies

ARTICLE 18 - PERMANENT INTERMITTENT APPOINTMENTS

ARTICLE 19 - HOURS OF WORK AND OVERTIME

19.1 Hours of Work
19.2 Overtime
19.3 Rest Periods
19.4 Meal Periods
19.5 Set Up/Shut Down Time
19.6 Flexible Work Hours
19.7 Exchange of Time Off - Multi-Shift Operations
19.8 Work In Multiple Time Zone
19.9 Call Back Time
19.10 Standby Time 123123

ARTICLE 20 - WORK AND FAMILY PROGRAMS

ARTICLE 21 - MISCELLANEOUS

21.1 Telecommute/Telework Program
21.2 Electronic Monitoring
21.3 Class A and Class B Commercial Driver's License
21.4 Business and Identification Cards
21.5 Incompatible Activities
21.6 Work Space Allocations
21.7 Hearst Castle - Night Tours
21.8 Organizational Development
21.9 Transfer from Annual Leave Program

ARTICLE 22 - ENTIRE AGREEMENT AND DURATION

22.1 Entire Agreement
22.2 Duration

SIDE LETTERS and attachment

SIDE LETTER #1 - The Pay Plan
SIDE LETTER #2 - Domestic Partners
SIDE LETTER #3 - Court Decisions
SIDE LETTER #4 - Public Contract Code
SIDE LETTER #5 - Second Notice Request for Arbitration
SIDE LETTER #6 - Next Step Program
SIDE LETTER #7- Set Aside Resignations and AWOL Separations
Salary Schedule
Signature Page

PREAMBLE

This MEMORANDUM OF UNDERSTANDING, hereinafter referred to as the Contract, entered into by the STATE OF CALIFORNIA, hereinafter referred to as the State or the State employer, pursuant to Sections 19815.4 and 3517 of the Government Code, and the CALIFORNIA STATE EMPLOYEES ASSOCIATION (Civil Service Division), Local 1000, SEIU, AFL/CIO, CLC, hereinafter referred to as CSEA, Local 1000, or the Union, pursuant to the Ralph C. Dills Act (Dills Act) commencing with Section 3512 of the Government Code, and has as its purpose the promotion of harmonious labor relations between the State and the Union; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment, including health and safety.

The term "Contract" as used herein means the written agreement provided under Section 3517.5 of the Government Code.

CSEA (the Civil Service Division) agrees to hold the State harmless, defend and indemnify the State and its officers, agents, and employees for fees, costs, and damages resulting from a challenge, in any forum (administrative or judicial) by any person or entity, to the provisions of this Article.