April 10, 2013
The Honorable Mark Leno
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 Correctional Health Care Services, (CCHCS) Layoffs
Affecting Employees Represented by Various SEIU Bargaining Units Employed at Various Locations within CCHCS
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 staff reduction plan for the CCHCS. This agreement is temporary and will expire.
CalHR is providing this addendum 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
SEIU Local 1000 - CCHCS Phase I Layoff - Management-Counter Proposal - March 1, 2013
1. Leave Banks
Employees impacted by the CCHCS Phase 1 Layoffs, including employees who retire or resign in lieu of layoff, shall be given maximum discretion to utilize their outstanding Furlough, PLP 2010, and PLP 2012 time prior to their effective date of layoff. On the rare occasions when employees are prevented from utilizing such leave, It shall be paid.
2. Pre-approved Leaves
Management shall make every effort to honor any pre-approved leaves including but not limited to vacation and sick leave within the hiring authority of CCHCS. If pre-approved leave cannot be honored, the employee will be guaranteed the equivalent time off at another time.
3. Duty Statements
Employees shall be provided their duty statements within 15 calendar days of their transfer or placement in a new position.
4. Orientation and Training
Any impacted employee transferring to another facility or worksite, or demoting or transferring to a new position, shall be provided any necessary orientation and any on the job required training in their new position.
5. Probationary Period
An employee who is demoted in lieu of layoff will not serve a new probationary period if the employee has completed the probationary period for the classification on which their current appointment is based. Anniversary and merit salary adjustments dates shall remain unchanged.
Employees demoted in lieu of layoff shall qualify for the 3% merit salary adjustment on July 1, 2013 provided the employee was at a higher salary than the maximum of the classification demoted to for twelve (12) consecutive months.
6. 20/20 Program (BU 20 Only)
Any impacted employee currently participating in the 20/20 program shall be allowed to continue to participate in the program regardless of an involuntary transfer.
7. Additional Meetings
Once all options have been implemented, SEIU shall be granted up to three additional meetings with CCHCS to discuss discrepancies or any issues not considered during these negotiations . Meetings shall be completed by July 31, 2013.
8. Administrative Time Off
CCHCS shall allow eight (8) hours of administrative time off for placements in which the employee changes their residence between 100-200 miles from previous work location and moves within 6 months of their report date. CCHCS shall allow an additional eight (8) hours of administrative time off for placements in which, the employee changes their residence over 200 miles from previous work location and moves within 6 months of their report date. Impacted employees may utilize accrued vacation, annual leave, holiday, or CTO and/or unpaid leave (approved dock) in conjunction with ATO subject to supervisory approval for additional time off to relocate. Hourly employees, whose regularly scheduled shift exceeds eight (8) hours, will use leave credits to make up the remaining hours of their scheduled shift. Release of these individuals shall not result in additional overtime to the Department.
9. California Health Care Facility – Stockton (CHCF) San Joaquin County
CHCF phased in staffing will begin June 2013.
To mitigate layoffs, CCHCS will first provide impacted employees In San Joaquin County, who are subject to being laid off, placement to CHCF positions in their current classification and start dates at the CHCF in seniority order. The remaining CHCF vacancies will then be opened to the out of county impacted employees, subject to being laid off, in their current classification and awarded by seniority. These positions will be offered one-time in writing. All acceptances shall be confirmed in writing. The most senior employee will start at CHCF first and staffing the process will continue through the phased in staffing until all employees who have elected.employment at CHCF have started at CHCF.
Employees who elect employment to CHCF may use leave balances for the time between the layoff effective date and start date at CHCF. Should employees not have sufficient leave balances to cover the absence period, CCHCS employees shall be placed on an approved unpaid leave of absence once leaves have been exhausted. During the unpaid leave of absence employees must cover their benefit costs in order to maintain benefit coverage.
Relocation or ATO will not be provided to employees electing to be part of this process.
10. Reemployment Rights
Reemployment rights will be provided in accordance with Government Code Sections 19997.11 and 19997.8 and extended to those who retire In lieu of layoff.
11. Post and Bid
The parties agree that for the October 2013 Post and Bid Cycle only, the post and bid process will begin in May 2013 instead of October 2013. CCHCS management at each institution will follow the process as outlined In the Article 20.9 of the BU 17 MOU and Article 20.12 of the BU 20 MOU and the same amount of time outlined in the MOU for the post and bid process will be followed. All provisions of Article 20.9 and Article 20.12 will prevail. Disputes concerning Article 20.9 and 20.12 shaII be grievable to the Departmental level of review und shall not be arbitrable.
Effective April 1, 2013 either party may request a meet and discuss regarding any problem or concern with the post and bid procedure. This request will be honored by the non requesting party in the form of a meeting within 30 days of the request.
The next post and bid cycle will be consistent with the MOU beginning the process October 2015 and assignments will begin the second Monday in January 2016.
12. Release for Employment Opportunities
All Impacted employees in layoff status will be granted reasonable time to attend State sponsored job interviews, job fairs and apply for open positions in agencies in accordance with the contract sections related to Release Time for State Civil Service Examinations. Such requests shall not be unreasonably denied. This provision expires March 31, 2013.
13. Recruitment and Retention-Avenal, Ironwood, Calipatria, Chuckawalla Valley and Centinela State Prison
Any employee covered by the Recruitment and Retention (R&R) differential in MOU Articles 11.20 and 11.20.20, subject to layoff and transferred through placement to CHCF shall be subject to the following condition:
a) If the employee transfers to CHCF, he/she shall be eligible for a prorated share for those months served up to the effective date of layoff.
14. CCHCS will contact EDD and based on their availability, will arrange a meeting for CCHCS impacted employees at CMF + CSP Solano.
This agreement expires April 30, 2013 with the exception of #7, #11 and #12.
TA 3/1/2013 7:15 p.m.
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