Addenda to SEIU MOU - Government Reorganization Plan No. 2 - Department of Justice and Gambling Control Commission

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Transmittal Letter

April 10, 2013

The Honorable Mark Lena
Chair, Joint Legislative Budget Committee
Legislative Office Building
1020 N Street, Room 553
Sacramento, CA 95818

Addendum for Service Employees International Union (SEIU, 1,000) Employees within the Department of Justice and the Gambling Control Commission
Affecting Employees Represented by Various SEIU Bargaining Units Employed at Various Locations

This is to inform you of a recent agreement reached between the Department of Human Resources and representatives of the SEIU, Local 1,000 on issues related to the Government Reorganization Plan #2 and the movement of employees within the Department of Justice and the Gambling Control Commission. This agreement is temporary and will expire July, 2013.

CalHR is providing these addenda for the Committee's information according to Government Code §3517.63. If you have any questions or concerns, please contact Nancy Farias, Legislative Deputy at (916) 327-2348.

Sincerely,

/s/ Julie Chapman, Director
California Department of Human Resources

attachments

cc: Members, Joint Legislative Budget Committee

Peggy Collins, Principal Consultant
Joint Legislative Budget Committee

David Lanier, Legislative Affairs Deputy
Office of Governor Edmund G. Brown Jr.

Mac Taylor, Legislative Analyst
Office of the Legislative Analyst

ecc:

Marianne O'Malley, Director Gen. Government
Office of the Legislative Analyst

Nick Schroeder, Consultant
Office of the Legislative Analyst

Richard Gillihan, Asst. Program Budget Manager
Department of Finance

Craig Cornett, Chief Fiscal Policy Advisor
Office of the Pro Tem

Charles Wright, Chief Consultant
Office of the Pro Tem

Chris Woods, Budget Director
Office of the Speaker

Greg Campbell, Chief Consultant
Office of the Speaker

Seren Taylor, Staff Director
Senate Republican Fiscal Office

Chantele Denny, Consultant
Senate Republican Fiscal Office

Anthony Archie, Consultant
Assembly Republican Fiscal Office

Peter Schaafsma, Staff Director
Assembly Republican Fiscal Office

Keely Bosler, Staff Director
Senate Budget Committee

Kris Kuzmich, Consultant
Senate Budget Committee

Christian Griffith, Staff Director
Assembly Budget Committee

Mark Martin, Consultant
Assembly Budget Committee

Mark McKenzie, Staff Director
Senate Appropriations Committee

Maureen Ortiz, Consultant
Senate Appropriations Committee

Geoff Long, Chief Consultant
Assembly Appropriations Committee

Roger Dunstan, Consultant
Assembly Appropriations Committee

Pamela Schneider, Consultant
Senate PE&R Committee

Karon Green, Chief Consultant
Assembly PER&SS Committee

Gary Link, Consultant
Senate Republican Caucus

Terry Mast, Consultant
Assembly Republican Caucus

Alene Shimazu, Chief
Fiscal Analysis, CalHR

Pam Manwiller, Deputy Chief
Labor Relations, CalHR

Government Reorganization Number 2 – Gambling Control Commission/DOJ Merge – March 8, 2013 – State Counter Proposal #1 to SEIU, Local 1000

Background Checks:

The State and the Union agree that the Department of Justice will conduct background checks on impacted Gambling Commission staff prior to reporting to the Bureau of Gambling.

Background Check Reinbursement:

If any employee incurs any cost or uses leave credits for the purpose of a background check, after approval by the Director of the Bureau of Gambling Control, within 14 days of its approval, the Gambling Commission will submit the expense to the California Automated Travel Expense Reimbursement System (CalATERS) and restore the leave credits. The employee must keep accurate records (receipts and timesheets) to verify their costs.

Employment:

The Accountant I will be offered an Accountant I position at DOJ.

Those employees not passing a background check will be placed in a position within the same or a comparable class at the Department of Justice but not within the Division of Law Enforcement.

See Attachment A.

State Release for Other State Employment:

Upon supervisory approval based on operational needs, all impacted employees will be allowed reasonable State time to attend sponsored job interviews and job fairs, do research, and to apply for positions in other agencies. The employee will be allowed "minimal and incidental" use of state equipment to conduct employment searches, This agreement will cease upon the impacted employees report date at the Department of Justice.

Surplus Status

All impacted employees will be granted surplus status at the Department of Justice. Impacted employees will be removed from all surplus lists after their report date at the Department of Justice.

Pre-approved Leaves

The Department of Justice shall honor any pre-approved leaves for all impacted employees. The preapproved leave must have been made prior to March 1, 2013 with management from the California Gambling Control Commission, and includes, but not limited to vacation, sick leave, paid famiy leave, and FMLA, PLP and PDD.

Probationary Period

Any impacted employee transferring to Department of Justice shall not be required to serve a new probationary period, Impacted employees transferring to the Department of Justice, who are currently on probation, will finish the remainder of their probationary period at the Department of Justice, Anniversary dates and merit salary adjustments shall remain unchanged.

Ergonomic Evaluation

Within thirty (30) days of transfer to the Department of Justice, upon the request of the employee, the State shall provide an ergonomic evaluation of the employee's primary workstation by a trained evaluator.

Flexible Schedules

The State and the Union agree that the State will provide a grace period to allow flexible work schedules for the first five (5) working days, between the hours of 7:00 a.m. to 6:00 p.m., to all employees required to report to the Department of Justice.

Orientation and Training

Any impacted employee transferring to a position at the Department of Justice shall be provided an appropriate "new employee" orientation within one (l) month of their report date and will receive any required training for new duties assigned.

Union Informational Meeting

The Union will conduct a meeting at the California Gambling Control commission work site with its members at conclusion of the meet and confer. The meeting will take place at 12:00 p.m. All impacted employees will be provided one (1) hour of release time to attend.

Reasonable Accommodations

The State agrees to honor all previously approved reasonable accommodations for all impacted employees.

Side Letter Expiration

This side letter expires July 1, 2013.

TA 3/8/2013 2:14 p.m.

[signatures]

Attachment A

Those impacted employees who choose not to go through the Bureau of Gambling Control’s required background process must notify the Executive Director of the CA Gambling Control Commission and the DOJ Background Investigator, no later than 5:00 p.m. on Wednesday, March 13, 2013.

TA 3/8/2013 2:17 p.m.

[signatures]

Updated: 4/10/2013

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