State of California M E M O R A N D U M REFERENCE CODE: 99-059 DATE: November 16, 1999 TO: Employee Relations Officers Personnel Officers FROM: Department of Personnel Administration Labor Relations Division SUBJECT: Bargaining Unit 2 National Judicial College Training CONTACT: Linda Diane Buzzini, Labor Relations Officer/Counsel (916) 324-0476 FAX: (916) 322-0765 OFFICE VISION: (DPA)LindaBuzzini INTERNET: LindaBuzzini@DPA.CA.GOV The purpose of this memorandum is to provide interpretation and implementation guidelines regarding Sections 5.12 and 13.6, subd. (d) of the Unit 2 collective bargaining agreement. The guidelines also apply to excluded employees who are in classifications specified in Pay Letter 99-58. Section 5.12 of the Unit 2 collective bargaining agreement provides for a salary differential beginning no later than July 1, 2000, for judges, hearing advisers and referees who receive a certificate from the National Judicial College. (see Pay Letter 99-58 for a list of eligible classifications.) Section 13.6, subd. (d) addresses time off, tuition and travel expenses for judges, hearing advisers and referees who attend a course presented by the National Judicial College. A. AUTHORIZING ATTENDANCE AND EXPENSES FOR RECOGNIZED TRAINING By July 1, 2000, each department is required upon request of employees in affected classifications to provide time off without loss of compensation and necessary expenses for attendance at recognized training. Necessary expenses are (1) tuition/registration fees; (2) course-required books; (3) transportation or mileage expenses; (4) toll and parking fees; and, (5) lodging and subsistence expenses. With the following exception, each department is responsible for coordinating registration for, or delivery of recognized training by the National Judicial College (NJC). You may do so by contacting NJC program attorney Mitch Wright at (775) 327-8202. The Department of Personnel Administration will work with the National Judicial College to schedule a course for employees of the Alcohol Beverage Control, Energy Commission, Health Services, OSHA Appeals Board, ALRB, DPA, SPB and PERB. That course is tentatively scheduled for two and one-half days during the week of February 21, 2000. If additional departments would like to participate, please contact Linda Buzzini at the above telephone number as soon as possible. B. PAY DIFFERENTIAL 1. Fiscal Year 1999/2000 Qualified employees may, at the discretion of their appointing power, begin receiving the National Judicial College differential effective no earlier than July 1, 1999. Employees shall not, however, receive the differential for any period of time preceding the date upon which they became qualified. Qualified employees are employees who have completed a recognized training course or an approved equivalent. For example: a. Judge A completed a recognized course on September 1, 1998. Her department is willing to pay the differential beginning July 1, 1999. Judge A can be paid effective July 1, 1999. b. Judge B completed a recognized course on September 1, 1999. His department is willing to pay the differential beginning July 1, 1999. Judge B cannot be paid until the September 1999 pay period. c. Judge C completed a recognized course on September 1, 1999. Her department chooses to spend its fiscal year 1999/2000 resources another way. Judge C will receive her differential beginning July 1, 2000. d. Judge D completed a recognized course on September 1, 1998. His department chooses to spend some of its resources on differential pay. It decides to pay the differential for 4 months. Judge D will receive her differential beginning with the March 2000 pay period. 2. Fiscal Year 2000/2001 All departments must pay the differential beginning no later than July 1, 2000, to employees who before that date complete a recognized training course or an approved equivalent. Employees who complete recognized training, or an approved equivalent, during the fiscal year 2000/2001 shall begin receiving the differential effective upon completion of said training. For example: Judge E was on a leave of absence and returned to work effective October 1, 2000. Judge E completed recognized training November 1, 2000. His department wants to pay the differential retroactive to October 1, 2000. Judge E cannot be paid retroactive to October 1, 2000. Judge E must be paid beginning with the November 2000 pay period. 3. Continuation of Differential Employees who qualify and begin receiving the differential during fiscal year 1999/2000 shall continue to receive the differential during fiscal year 2000/2001 without attending another recognized course or approved equivalent. (Note: While employees need not attend a second course to continue receiving the differential, they may nevertheless be required to attend training pursuant to Section 13.6, subd. (a). C. RECOGNIZED TRAINING Recognized training is training presented under the auspicious of the National Judicial College that (1) is at least two and one-half days in duration; and, (2) results in "A" certification credit. "A" courses are those which the National Judicial College recognizes as pertaining to administrative law adjudication skills. The two and one- half days of training need not be consecutive; however, employees will not qualify for the differential until after completing two and one-half days. D. APPROVED EQUIVALENT TRAINING Employees may petition their department for recognition of National Judicial College courses of at least two and one- half days in duration which are not designated as "A". If the employee's department agrees, then the employee's department must secure approval from the Department of Personnel Administration, Labor Relations Division, in writing regarding equivalency before the employee will qualify for the differential. Training of less than two and one-half days will not be considered equivalent. The two and one-half days of training need not be consecutive; however, employees will not qualify for the differential until after completing two and one-half days. E. Alternate Training Providers 1. Represented Employees Training by providers other than the National Judicial College does not satisfy the express terms of the Unit 2 collective bargaining agreement and, therefore, is non- qualifying for purposes of the differential. The Department of Personnel Administration (DPA) and the Association of California Attorneys and Administrative Law Judges (ACSA) will consider requests to amend the Unit 2 agreement on a case-by-case basis. Amendments must be in writing and signed by both DPA and ACSA. Training by alternate providers must be at least two and one-half days. The two and one-half days of training need not be consecutive; however, employees will not qualify for the differential until after completing two and one-half days. 2. Excluded Employees Equivalent training by alternate providers may be approved by the Department of Personnel Administration, Labor Relations Division, for excluded employees. Linda Diane Buzzini Labor Relations Officer/Counsel