ARTICLE 4 - GENERAL PROVISIONS

4.1 No-Strike Clause

A. During the term of this MOU, neither ACSA nor its agents nor any Bargaining Unit 2 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.

B. ACSA agrees to notify all of its officers, stewards, representatives, agents, and staff of their obligation and responsibility for maintaining compliance with this Section, including the responsibility to remain at work during any interference which may be caused or initiated by others and to encourage employees violating this Section to return to work.

4.2 Savings Clause

Should any provision of this MOU be found unlawful by a court of competent jurisdiction, the remainder of the MOU 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).

4.3 Entire Agreement

A. This MOU sets forth the full and entire understanding of the parties regarding the matters contained herein, and any other prior or existing understanding or MOU by the parties, whether formal or informal, regarding any such matters are hereby superseded. Except as provided in this MOU, it is agreed and understood that each party to this MOU voluntarily waives its right to negotiate with respect to any matter raised in negotiations or covered in this MOU, for the duration of the MOU.

With respect to other matters within the scope of negotiations, negotiations may be required during the term of this MOU as provided in Subsection b. below.

B. The parties agree that the provisions of this Subsection shall apply only to matters which are not covered in this MOU.

The parties recognize that during the term of this MOU, it may be necessary for the State to make changes in areas within the scope of negotiations. Where the State finds it necessary to make such changes, the State shall notify ACSA of the proposed change 30 days prior to its proposed implementation.

The parties shall undertake negotiations regarding the impact of such changes on the employees in Unit 2, when all three of the following exist:

1. Where such changes would have an impact on working conditions of a significant number of employees in Unit 2;

2. Where the subject matter of the change is within the scope of representation pursuant to the Dills Act;

3. Where ACSA requests to negotiate with the State.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this MOU. If the parties are in disagreement as to whether a proposed change is subject to this Subsection, such disagreement may be submitted to the arbitration procedure for resolution. The arbitrator's decision shall be binding. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted to mediation pursuant to Section 3518 of the Dills Act.

4.4 Supersession

A The following Government Code Sections and all DPA regulations related thereto are hereby incorporated into this MOU. However, if any other provision of this MOU is in conflict with any of the Government Code Sections listed below or the DPA regulations related thereto, such MOU provision shall be controlling. The Government Code Sections listed below are cited in Section 3517.6 of the Dills Act.

	1. General
		19824	Establishes monthly pay periods.
		19839	Provides lump sum payment for unused vacation accrued or compensating time off upon separation.
	2.Step Increases
		19829	Requires DPA to establish minimum and maximum salaries with intermediate steps.
		19832	Establishes annual Merit Salary Adjustments (MSA's) for employees who meet standards of efficiency.
		19834	Requires MSA payments to qualifying employees when funds are available.
		19835	Provides employees with the right to cumulative adjustments for a period not to exceed two years when MSA's are denied due to lack of funds.
		19836	Provides for hiring at above the minimum salary limit in specified instances.
	3. Holidays
		19853	Establishes legal holidays.
		19854	Provides for personal holiday.
	4. Vacations
		19858.1	Defines amount earned and methods of accrual by full-time employees.
		19856	Requires DPA to establish rules regulating vacation accrual for part-time employees and those transferring from one State agency to another.
		19856.1	Requires DPA to define the effect of absence of 10 days or less on vacation accrual.
		19863	Allows vacation use while on temporary disability (due to work-incurred injury) to augment paycheck.
		19143	Requires DPA to establish rules regarding vacation credit when employees have a break in service over six months.
		19991.4	Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to vacation.
	5. Sick Leave
		19859	Defines amount earned and methods of accrual for full-time and part-time employees.
		19861	Allows DPA to define the effect on sick leave credits of absences of 10 days or less in any calendar month.
		19862	Permits sick leave to be accumulated.
		19862.1	Allows employees who enter civil service from an exempt position within six months to carry unused sick leave credits.
		19863	Allows sick leave use while on temporary disability (due to work-occurred injury) to augment paycheck.
		19864	Allows the DPA 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.
		19143	Requires DPA to establish rules regarding sick leave credit when employees have a break in service over six months.
		19991.4	Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to sick leave.
	6. Paid Leaves of Absence
		19991.3	Jury duty.
		19991	5 30-day educational leave for the medical staff and medical technicians of the Veterans' Home.
		19991.7	Teachers' educational leave and earned credits subject to DPA rule.
	7. Uniforms, Work Clothes, and Safety Equipment
		19850	Definitions.
		19850.1	Provides for uniform allowances.
		19850.3	Requires DPA to establish procedures to determine need for uniforms and the amount and frequency of uniform allowances.
		19850.4	Provides for work clothes for purposes of sanitation or cleanliness to be maintained and owned by the State.
		19850.5	Provides for initial issuance of required safety equipment at State expense.
	8. Industrial Disability Leave (IDL)
		19869	Defines who is covered.
		19870	Defines "IDL" and "full pay".
		19871	Provides terms of IDL coverage in lieu of workers' compensation temporary disability payment.
		19871.1	Provides for continued benefits while on IDL.
		19872	Prohibits payment of temporary disability or sick leave pay to employees on IDL.
		19873	Inapplicability of retraining and rehabilitation provisions of Labor Code to employees covered by IDL.
		19874	Allows employees to receive Workers' Compensation benefits after exhaustion of IDL benefits.
		19875	Requires three-day waiting period, unless hospitalized or disabled more than 14 days.
		19876	Payments contingent on medical certification and vocational rehabilitation.
		19877	Authorizes DPA to adopt rules governing IDL.
		19877.1	Sets effective date.
	9. Non-Industrial Disability Insurance (NDI)
		19878	Definitions.
		19879	Sets the amount of benefits and duration of payment.
		19880	Sets standards and procedures.
		19880.1	Allows employee option to exhaust vacation prior to NDI.
		19881	Bans NDI coverage if employee is receiving unemployment compensation.
		19882	Bans NDI coverage if employee is receiving other cash payment benefits.
		19883	Provides for discretionary deductions from benefit check, including employer contributions; employee does not accrue sick leave or vacation credits or service credits for any other purpose.
		19884	Filing procedures; determination and payment of benefits.
		19885	Authorizes DPA to establish rules governing NDI.
	10. Life Insurance
		20750.11	Provides for employer contributions.
		21400	Establishes group term life insurance benefits.
		21404	Provides for Death Benefit from PERS.
		21405	Sets Death Benefit at $5,000 plus 50 percent of one year's salary.
	11. Health Insurance
		22825	Provides for employee and employer contribution.
		22825.1	Sets employer contribution.
	12. Workweek
		19851	Sets 40-hour workweek and 8-hour day.
		19843	Directs the DPA to establish and adjust workweek groups.
	13. Overtime
		19844	Directs DPA to establish rules regarding cash compensation and compensating time off.
		19848	Permits the granting of compensating time off in lieu of cash compensation within 12 calendar months after overtime worked.
		19849	Requires DPA to adopt rules governing overtime and the appointing power to administer and enforce them.
		19863	Allows use of accumulated compensable overtime while on temporary disability (due to work-incurred injury) to augment paycheck.
	14. Callback Time
		19849.1	Allows DPA to set rules and standards for callback time based on prevailing practices and the needs of State service.
	15. Deferred Compensation
		19993	Allows employees to deduct a portion of their salaries to participate in a deferred compensation plan.
	16. Relocation Expenses
		19841	Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
	17. Travel Expenses
		19820	Provides reimbursement of travel expenses for officers and employees of the State on State business.
		19822	Provides reimbursement to State for housing, maintenance and other services provided to employees.
	18. Unpaid Leaves of Absence
		19991.1	Allows the appointing power to grant a one-year leave of absence; assures the employee a right of return.
		19991.2	Allows the appointing power to grant a two-year leave for service in a technical cooperation program.
		19991.3	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 year of pregnancy leave or less as required by a permanent female employee.
	19. Performance Reports
		19992	Provides for establishment of performance standards by State agencies.
		19992.1	Provides for a system of performance reports and allows DPA 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 DPA rule.
		19992.4	Allows DPA to establish rules leading to reduction in class and compensation or dismissal for unsatisfactory service.
	20. Involuntary Transfers
		19841	Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
		19994.1	Authorizes involuntary transfers. Requires 60-day prior written notice when transfer requires change in residence.
		19994.2	Allows seniority to be considered when two or more employees are in a class affected by involuntary transfers which require a change in residence.
	21. Demotion and Layoff
		19143	Requires DPA to establish rules concerning seniority credits for employees with breaks in service over six months.
		19997.2	Provides for subdivisional layoffs in a State agency subject to DPA 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 30-day written notice prior to layoff and not more than 60 days after seniority computed.
		19998	Employees affected by layoff due to management-initiated changes should receive assistance in finding other placement in State service.
	22. Incompatible Activities
		19990	Requires each 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.
	23. Use of State Time
		1999	Provides State time for taking civil service examinations including employment interviews for eligibles on employment lists, or attending a meeting of DPA or SPB on certain matters.
	24. Training
		19995.2	Provides for counseling and training programs for employees whose positions are to be eliminated by automation, technological or management-initiated changes.
		19995.3	Provides for Department of Rehabilitation to retrain and refer disabled State employees to positions in State service.