Addenda to Unit 6 MOU - Wave 2 Continued and Wave 3
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Transmittal Letter
March 18, 2013
The Honorable Mark Leno
Chair, Joint Legislative Budget Committee
Legislative Office Building
1020 N Street, Room 553
Sacramento, CA 95818
Re: Addenda to Bargaining Unit 6 Memorandum of Understanding (MOU) - Continuance of Wave 2 and Introduction of Wave 3, Public Safety Realignment
This is to inform you of new agreements reached between the State and Bargaining Unit 6, the California Correctional Peace Officers Association (CCPOA). These agreements are regarding the continued implementation of Wave 2, and the beginning of Wave 3, of public safety realignment. These agreements represent a culmination of negotiations that have continued since the execution of the original realignment addendum, and the first Wave 2 addendum, previously submitted on August 24, 2012. Realignment negotiations are ongoing, and it is expected that further agreements will be submitted.
The following is a summary of the attached agreements:
Wave 2 -
- 11/13/12 Agreement to allow employees to present medical note to attend Academy
- 11/8/12 4C Agreement to mitigate layoff in county, PICO roll up and job exchange
- 10/25/12 Agreement to extend layoff appeal timelines
- 10/25/12 Agreement to roll PICO to PFT between Waves 2 & 3
- 10/23/12 Agreement to have 2 job exchanges
- 10/11/12 4B Agreement to mitigate layoff or moving out of county
- 7/2/12 Agreement for Official Business for Standardized Staffing discussions
- 6/29/12 Agreement no Voluntary Transfer Process for Parole Service Associates
- 6/1/12 Agreement to continue with Job Exchange Program
Wave 3-
- 12/27/12 Agreement for statewide bid and lateral transfers
- 12/27/12 Agreement for CHCF lateral transfers for Correctional Officers
- 1/4/13 Agreement regarding, classification, training, and probationary periods
- 1/4/13 Agreement for Correctional Officer transfer opportunities
These agreements are considered addenda to the current BU 6 MOU and to the original realignment agreement. CalHR is providing these addenda for the Committee's information according to Government Code § 3517.63.
The agreement is attached and can also be found by going to the following link:
http://www.calhr.ca.gov/state-hr-professionals/Pages/bargaining-contracts.aspx
If you have any questions or concerns please contact Nancy Farias, Legislative Deputy at (916) 327-2348.
Sincerely,
/s/ Julie Chapman
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
Maureen Ortiz, Consultant
Senate Appropriations Committee
Nick Schroeder, Consultant
Office of the Legislative Analyst
Geoff Long, Chief Consultant
Assembly Appropriations Committee
Richard Gillihan, Asst. Program Budget Manager
Department of Finance
Roger Dunstan, Consultant
Assembly Appropriations Committee
Craig Cornett, Chief Fiscal Policy Advisor
Office of the Pro Tem
Pamela Schneider, Consultant
Senate PE&R Committee
Charles Wright, Chief Consultant
Office of the Pro Tem
Karon Green, Chief Consultant
Assembly PER&SS Committee
Chris Woods, Budget Director
Office of the Speaker
Gary Link, Consultant
Senate Republican Caucus
Greg Campbell, Chief Consultant
Office of the Speaker
Terry Mast, Consultant
Assembly Republican Caucus
Seren Taylor, Staff Director
Senate Republican Fiscal Office
Alene Shimazu, Chief
Fiscal Analysis, CalHR
Chantele Denny, Consultant
Senate Republican Fiscal Office
Pam Manwiller, Deputy Chief
Labor Relations, CalHR
Anthony Archie, Consultant
Assembly Republican Fiscal Office
Heather Bendinelli, LRO
Labor Relations Officer, CalHR
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
Wave 2 Addenda
11/13/12 Agreement to allow employees to present medical note to attend Academy
"Employees scheduled to attend the Correctional Officer Academy which started October 22, 2012, in lieu of layoff, who subsequently presented a valid physician's note excusing them from work by October 23, 2012, may request an unpaid leave of absence until the next academy scheduled for November 26, 2012 by CDCR. These individuals will need to present medical notes for full duty status by November 19, 2012 for clearance to attend this academy.
If these employees do not submit medical clearance by November 19, 2012, to attend and complete the next offered academy, their unpaid leave of absence will be revoked and their layoff will be reinstated."
11/13/12
[signatures]
11/8/12 4C Agreement to mitigate layoff in county, PICO roll up and job exchange
Wave 2 - Last PICO Opportunity for Extended Counties, PICO Rollup and Job Exchange
A. Last PICO Opportunity to Mitigate Layoff in Extended Counties (4C).
The parties agree to a last PICO Opportunity in Wave 2 ("Last Opportunity") for correctional officers to mitigate layoff on November 30, 2012 due to the creation of true vacancies resulting from attrition (actual retirements, terminations or other separations). This Last Opportunity shall be structured as follows:
1. The last Opportunity (4c) is open only to those correctional officers who received layoff notices effective November 30, 2012 in Fresno, Riverside & San Bernardino counties who have not otherwise been mitigated (3:3, other placement, etc.). San Bernardino county already participated in 4B and may or may not have additional attrition that has occurred since October 30, 2012.
2. This Last Opportunity shall be managed strictly at the institution level, not by county.
3. On November 16, 2012, the institutions will be contacted to determine who many separations have been effectuated in that institution up until November 16, 2012 which created true PICO vacancies.
4. These vacancies will be used to mitigate layoff by seniority.
5. This agreement is intended to allow another final opportunity for impacted correctional officers slated for layoff on November 30, 2012 to stay at the home institution due
to the vacancies created through attrition. The agreement is not intended to require, nor does it require, CDCR to recalculate any awards(s). The only change that results from this agreement is a correctional officer being able to stay at his/her home institution as a PICO because someone else separated.
B. PICO Rollup in December for Extended Counties
For the Following five counties that have extended impact dates effective November 30, 2012, PICO rollup will occur on December 3, 2012 for: Fresno, Imperial, Kings, Riverside and San Bernardino counties. Consistent with the parties' prior agreement of October 25, 2012, all PICOs (existing, new, demoted, etc.) shall be combined into one PICO pool and rolled by seniority. After ht8is rolling in Decmeber23012 rolling will be frozen for Wave 3 until the parties agree to resume itl;.
C. Job Exchange
CCDPOA will be submitting Job Exchange pairings on November 16, 2012. Approved pairs will have a report date of December 17, 2012. The extended impact dates of November 03, 2012, the 4C layoff mitigation and PICO Rollup discussed above could impact an employee's time base. For instance on November 16, 0212, a PICO employee may request to swap with another PICO at another institution. On December 3, 2012, however, that employee might be eligible to roll up to PFT thereby change [NB] his or her time base and eligibility for the submitted Job Exchange. CDCR will review each Job Exchange pairing and confirm the time base of the employees in the 5 extended counties.
TA 11-8-12
[signatures]
10/25/12 Agreement to extend layoff appeal timelines
In the interest of promoting harmonious labor relations and because the parties to this agreement are diligently working to resolve disputes arising from the Wave 2 Realignment Layoff process, CCPOA and the State agree to the following:
1. MOU Section 12.08G provides that any appeal of the layoff provisions of MOU section 12.08 shall be through the provisions set forth in Government Code section 19997.14. Government Code section 1997.14 in turn provides that an employee may appeal to the department within 30 days after receiving the layoff notice on the ground that the required procedure has not been complied with or that the layoff has not been made in good faith or was otherwise improper.
2. The parties agree that any appeal of Wave 2 Realignment layoffs, demotions, or involuntary transfers subject to Government Code section 19997.14 must be made to the department within 50 days after the date of the proof of service on the letter to impacted employee, and that the department shall then hold a hearing or investigation, as it deems necessary, on such appeal within 50 days of receipt. By making this agreement, the parties intend to supersede any inconsistent requirements in Government Code section 19997.14 as well as CalHR rules.
10/25/12
[signatures]
10/25/12 Agreement to roll PICO to PFT between Waves 2 and 3
Rolling PICO to PFT Between Waves 2 and 3
Given the various Wave 2 opportunities to mitigate layoff, there are PICOS that (1) are currently PICOs at their current institution, (2) will be demoting into PICO effective October 30th/November 30th and (3) will be reporting as PICO to a new institution as part of the final opportunities effective October 31st/December 1st. For purposes of rolling up to reserved or available PFT vacancies the week of November 5, 2012, all PICOS shall be combined into one PICO pool and rolled by seniority. After this rolling the week of November 5, 2012, rolling will be frozen for Wave 3 until the parties agree to resume it.
10/25/12
[signatures]
10/23/12 Agreement to have 2 job exchanges
Job Exchange
The Parties agree to have up to two (2) job exchanges in calendar years 2012 and 2013 (4 total) consistent with the parties priori job exchange agreements of April 19, 2012 and June 1, 2012.
10/23/12
[signatures]
10/11/12 4B Agreement to mitigate layoff or moving out of county
Wave 2 - Last PICO Opportunity
The parties agree to one Last PICO Opportunity in Wave 2 ("Last Opportunity") for correctional officers to mitigate layoff (or a move to another county awarded in the previous opportunity, also referred to as 4a) due to the creation of true vacancies resulting from attrition (actual retirements, terminations, or other separations). This Last Opportunity shall be structured as follows:
1. The Last Opportunity is open only to those correctional officers who received layoff notices in Kern, Los Angeles, San Bernardino and San Luis Obispo counties who either (1) did not receive an award in the Wave 2 4a opportunity or (2) received an award in the Wave 2 4a opportunity to another county.
2. This Last Opportunity shall be managed strictly at the institution level, not by county.
3. On October 22, 2012, the institutions that have eligible correctional officers in the aforementioned 4 counties will be called to determine how many separations have been effectuated in that institution from September 1, 2012 to October 19, 2012 which created true vacancies. One CCPOA representative is invited to attend the meeting where these calls will be made.
4. These vacancies will be used to mitigate layoff or moving out of county to another institution awarded in the Wave 2 4a opportunity by seniority. For instance, if there were 5 retirement s at Institution A, the 5 most senior of the eligible correctional officers slated for either layoff or move out of county would be contacted to see if they want to stay at Institution A as a PCICO. If one correctional officer declines the Last Opportunity and opts to either move out of county or layoff, then the 6th most senior person would be called and offered the Last Opportunity to stay at his/her home institution as a PICO.
5. This agreement is intended to allow one, last opportunity for impacted correctional officers to stay at their home institution due to the vacancies created through attrition. The agreement is not intended to require, nor does it require, CDCR to recalculate any awards other than those 4A awards specifically identified in paragraph 4 above. For instance if a correctional officer has been awarded a position at Institution B, which is out of county, but s/he is mitigated from having to move because of a retirement, CDCR will not recalculate who could have moved to Institution B. The only change that results from this agreement is a correctional officer being able to say at his/her home institution because someone else separated.
10/11/12
[signatures]
7/2/12 Agreement for Official Business for Standardized Staffing discussions
July 2, 2012 Agreement Re OB
Two members of the local chapter of CCPOA shall be granted up to 16 hours of OB for local Standardized Staffing discussions.
7/2/12
[signatures]
6/29/12 Agreement to no Voluntary Transfer Process for Parole Service Associates
The parties agree that there will be no voluntary transfer process for the Parole Services Associate classification in Wave 2 because there are no viable vacancies to which a PSA could bid. After mitigating within county, there are 43 directly impacted PSA staff statewide. These 43 will be subject to the layoff process in their respective county. (Additional PSA impact may result because of bumping.)
6/29/12 1:25 p.m.
[signatures]
6/1/12 Agreement to continue with Job Exchange Program
Agreement
CCPOA and CDCR agree to continue with the Job Exchange Program as outlined in the proposal of April 19, 2012 with details to be worked out before the conclusion of Wave 2.
TA 6/1/12 2:00 p.m.
[signatures]
Wave 3 Addenda
12/27/12 Agreement for statewide bid and lateral transfers
Wave 3 Statewide Bid and Integration of CHCF Lateral Transfer Opportunity
State passed 12:10 p.m. 12/27/12
This agreement supplements the two prior Realignment Agreements as follows: June 1, 29012 Agreement, pages 2 and 3 entitled “Wave 2 Statewide Bid Process” which supplemented the September 29, 2011 Agreement, Paragraph 17.
Statewide Bid
(1) Classifications that are directly impacted in Wave 3, which include only Parole Agent Is, Correctional Counselor Is and Parole Agent II Specialists, may participate in the Statewide Bid (SWB) opportunity.
(2) Posting of vacancy and seniority information will be consistent with our current agreement.
(3) As we have previously agreed, only the number of people that comprise the overage will be given a SWB award and permitted to leave the county regardless of how many people submit SWB requests in that county.
(4) The majority of SWB award opportunities in Wave 3 will be to Correctional Officer, although there are limited vacancies in Parole Agent I, Parole Agent II Specialist and Correctional Counselor I classifications.
(5) As in Wave 2:
a. Correctional Counselor Is with Correctional Officer in their background who presently work in an institution do not need to attend a transitional academy.
b. Correctional Counselor Is with Correctional Officer in their background who do not presently work in an institution and who have not been a ` in the last 36 months will attend a 2-week transitional academy.
c. Correctional Counselor Is with Correctional Officer in their background ho do not presently work in an institution and who have not been a Correctional Officer in the last 36 months will attend a 2-week transitional academy.
d. Parole Agent Is and Parole Agent II Specialists with Correctional Officer in their background will attend a 2-week transitional academy.
e. Unit 6 Peace Officer classifications without Correctional Officer in their background will attend a 2-week transitional academy.
(6) In the event that a Unit 6 Peace Officer participates in the SWB and is awarded a transfer, the transfer is binding and irrevocable. If the employee does not report on the report date regardless of reason, he or she will continue in the process sand could be laid off at the conclusion of Wave 3, depending on seniority. After completing the Academy, any employee who does not report to his/her new work location on the date listed in the award letter will be considered AWOL and subject to AWOL separation.
(7) Parole Agent Is, Correctional Counselor Is and Parole Agent II Specialists will be able to select Correctional Officer spots at 198 institutions (both PFT and PCIO depending upon location) as well as the California Healthcare Correctional Facility (CHCF) (PFT).
(8) SWB Per Diem and ATO will be provided consistent with our current Realignment agreement. ATO/leave credits shall be used after successfully completing the Academy to help facilitate a move.
TA 12/27/12 3:26 p.m.
[signatures]
12/27/12 Agreement for CHCF lateral transfers for Correctional Officers
CHCF Lateral Transfer for Correctional Officers
(1) During the same period as the foregoing SWB opportunity, Correctional Officers (both PFT and PICO) throughout the State may submit a lateral transfer package to transfer to the CHCF as PFT.
(2) Only COs meeting the following eligibility criteria are able to participate in this lateral transfer opportunity:
a. The employee is not currently under investigation for misbehavior which could lead to adverse action;
b. The employee has not had an adverse action in the last three (3) years; and
c. The employee has not had an overall substandard performance evaluation in the preceding 12 months.
(3) Completed and signed lateral transfer packages must be submitted by the CO by the January 15, 2013 deadline.
CHCF Awards
(1) Per this agreement, CHCF positions will be awarded through the SWB and the CO CHCF Lateral Transfer opportunity.
(2) While the lateral transfer opportunities will be awarded via seniority in most cases, management discretion will be used to determine the number of Cos able to transfer from institutions currently facing large number of vacancies, which include PBSP, HDSP and CCC and the number of transfer out of institutions will be monitored and may be limited to ensure that transfers out do not result in PFT CO vacancy rate of over 5% taking into consideration vacancies created by attrition and promotions as well. The State and CCPOA will meet to discuss the exercising of either of these limitations.
(3) The first activations at CHCF will occur in June and July and include approximately 230 positions. The State reserves the right to determine when SWB awardees and Lateral Transfer awardees will report to the CHCF (and any required transitional academy).
TA 12/27/12 3:26 p.m.
[signatures]
1/4/13 Agreement regarding, classification, training, and probation periods
State's Counter to CCPOA's Proposal #3
1/4/13
The State and CCPOA agree that BU 6 members who due to Wave 3 [reductions (?)] were placed into new classifications will not be required to complete a formal apprenticeship program in the new classification, but will receive appropriate training. Such BU 6 employees will not be required to serve a new probationary period, but must complete any existing probation.
Passed @ 11:30 on 1/3/13
TA'd @11:34 on 1/4/13
[signatures]
1/4/13 Agreement for Correctional Officer transfer opportunities
State's Counter to CCPOA Proposal #5
1/4/12 [NB]
The State and CCPOA agree to meet to develop a lateral transfer opportunity to CHCF for DJJ BU 6 staff that have been a Correctional Officer in the last 18 months for transfer after all of the Wave 3 opportunities have been awarded which could, like the CO transfer opportunity, include a cap.
TA'd 1/4/13 - 11:35
[signatures]
