AGREEMENT between STATE OF CALIFORNIA and ASSOCIATION OF CALIFORNIA STATE ATTORNEYS AND ADMINISTRATIVE LAW JUDGES (ACSA) covering

BARGAINING UNIT 2 ATTORNEYS AND HEARING OFFICERS Effective

07/01/99 through 06/30/01

TABLE OF CONTENTS

ARTICLE 1 - RECOGNITION AND PURPOSE

1.1 Recognition and Purpose

ARTICLE 2 - ACSA RIGHTS

2.1 ACSA Representation
2.2 Access
2.3 Bulletin Boards
2.4 Distribution of Literature
2.5 Bargaining Unit Information
2.6 Use of State Rooms and Phones
2.7 Fair Share Fees/Dues Deduction
2.8 Safety Committee
2.9 New Employee Orientation

ARTICLE 3 - STATE RIGHTS

3.1 State Rights

ARTICLE 4 - GENERAL PROVISIONS

4.1 No-Strike Clause
4.2 Savings Clause
4.3 Entire Agreement
4.4 Supersession

ARTICLE 5 - SALARIES

5.1 SALARIES
5.2 Merit Salary Adjustments
5.3. Range Changes
5.4 Bilingual Differential Pay
5.5 Overpayments/Payroll Errors
5.6 Late Docks
5.7 Timely Payment of Wages
5.8 Recruitment and Retention, State Prisons
5.9 Special Salary Adjustment - Hearing Adviser, CEC
5.10 Out-of-State Differential Pay
5.11 Special Salary Adjustment - Attorneys II/III/IV and Deputy Labor Commissioners I/II
5.12 National Judicial College Differential
5.13 Special Salary Adjustment - Deputy Commissioner, Board of Prison Terms

ARTICLE 6 - HOURS OF WORK

6.1 Overtime - Effective September 1, 1999
6.2 Work Week Groups - Effective September 1, 1999
6.3 Hours of Work and Work Schedules - WWGs E and SE - Effective September 1, 1999
6.4 Telecommuting

ARTICLE 7 - GRIEVANCE AND ARBITRATION

7.1 Purpose
7.2 Definitions
7.3 Time Limits
7.4 Waiver of Steps
7.5 Presentation
7.6 Informal Discussion
7.7 Formal Grievance - Step 1
7.8 Formal Grievance - Step 2
7.9 Formal Grievance - Step 3
7.10 Formal Grievance - Step 4
7.11 Response
7.12 Formal Grievance - Step 5

ARTICLE 8 - HOLIDAYS

8.1 Holidays

ARTICLE 9 - LEAVES

9.1 Vacation Leave
9.2 Unpaid Leave of Absence
9.3 Sick Leave
9.4 Bereavement Leave
9.5 Parental Leave
9.6 Adoption Leave
9.7 Catastrophic Leave
9.8 Catastrophic Leave - Natural Disaster
9.9 Jury Duty
9.10 Personal Leave
9.11 Annual Leave Program
9.12 Mentoring Leave

ARTICLE 10 - LAYOFF

10.1 Layoff and Reemployment

ARTICLE 11 - HEALTH AND WELFARE

11.1 Health Benefit Plan
11.2 Eligibilty for Benefits
11.3 Rural Subsidy Program
11.4 Group Legal Services Plan
11.5 Flexible Benefit Program
11.6 Non-Industrial Disability Insurance
11.7 Long-Term Care Insurance Plans
11.8 Pre-Tax of Health/Dental Premiums Costs
11.9 Enhanced Non-Industrial Disability Insurance - Annual Leave
11.10 Industrial Disability Leave
11.11 1959 Survivors' Benefits - Fifth Level

ARTICLE 12 - ALLOWANCES AND REIMBURSEMENTS

12.1 Business and Travel Expense - Effective September 1, 1999
12.2 Lodging - Orange, Marin and San Diego Counties
12.3 Transportation Incentives and Parking Rates

ARTICLE 13 - MISCELLANEOUS

13.1 Inter-Jurisdictional Employee Exchange
13.2 Outside Employment
13.3 Office Space
13.4 Work and Family Programs
13.5 Personnel Files
13.6 Education and Training
13.7 Bar Dues/Professional leave
13.8 Smoking Cessation
13.9 Employee Assistance Program
13.10 Judicial Attire
13.11 Case and Hearing Workload - Board of Prison Terms
13.12 State-Owned Housing Rental and Utility Rates
13.13 Labor-Management Committee on State Payroll System
13.14 Appeal of Involuntary Transfer
13.15 No Reprisals
13.16 Case and Hearing Workload - Unemployment Insurance Appeals Board

ARTICLE 14 - RETIREMENT

14.1 401(K) Deferred Compensation Program
14.2 457 Deferred Compensation Program
14.3 First Tier Retirement Formula (2% @ 55)
14.4 First Tier Eligibility For Employees In Second Tier
14.5 Determination of Safety Retirement Eligibility
14.6 Safety Retirement - New Deputy Commissioner, Board of Prison Terms Classification

ARTICLE 15 - CLASSIFICATION

15.1 Classification Level
15.2 Classification Changes
15.3 Out-of-Classification Assignments
15.4 Attorney IV
15.5 New Deputy Commissioner, Board of Prison Terms Classification

ARTICLE 16 - TERM

16.1 Term

ATTACHMENTS AND ADDENDUMS

Signature page
ATTACHMENT A - Salary Schedule
ATTACHMENT B - IRS Agreement Employer-Paid Employee Retirement Contributions
ATTACHMENT C - Domestic Partners
ATTACHMENT D - Miscellaneous Changes To Regulations And Statutes
ADDENDUM #1 - Improved Age Benefit Factors For Safety Members

ARTICLE 1 - RECOGNITION AND PURPOSE

1.1 Recognition and Purpose

A. This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is entered into by and between the State of California (hereinafter "State" or "State employer") and the Association of California State Attorneys and Administrative Law Judges (hereinafter "ACSA"), pursuant to the Ralph C. Dills Act, Government Code Section 3512 et seq.

B. Its purpose is to improve employer-employee relations between the parties by establishing wages, hours, and other terms and conditions of employment.

C. Pursuant to the Dills Act and PERB certification No. S-SR-2, the State recognizes ACSA as the exclusive representative of all employees in the Attorney and Hearing Officer Unit, Unit 2 (hereinafter "bargaining unit").

D. Pursuant to Government Code section 3517, ACSA recognizes the Director of the Department of Personnel Administration (DPA) or his/her designee, as the designated representative of the Governor for the purposes of negotiating this MOU.