May 1, 2013
The Honorable Mark Leno
Chair, Joint Legislative Budget Committee
Legislative Office Building
1020 N Street, Room 553
Sacramento, CA 95818
Re: Addendum to Bargaining Unit 8 California Department of Forestry Firefighters (CDFF) – Agreement – Coastside Reductions
This is to inform you of a recent agreement reached between the Department of Human Resources and representatives of the CDFF. We understand from your letters dated April 16, 2013, that all agreements are to come to you as they occur, however, this agreement was outstanding. The agreement is regarding the impact of funding reductions in the Fuels Grant and Proposition 84 programs, and the discontinuation of the local government agreement with the Coastside Fire Protection District and the resulting impact on employees.
This agreement is temporary in nature and pending approval will expire March 6, 2015. CalHR is providing this addendum for the Committee’s information according to Government Code §3517.63. If you have 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
Mark Ibele, 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
Karin Richter, LRO
Labor Relations Officer, CalHR
Addenda
Agreement between the State of California and CDF Firefighters (State Bargaining Unit 8) Regarding: Coastside Local Government Agreement Expiration Fuels Grant, Proposition 84 Reductions
The California Department of Forestry and Fire Protection (CAL FIRE or Department) have met with the CDF Firefighters (CDFF or Union) regarding the impact of the funding reductions in the Fuels Grant and Proposition 84 programs in the Resource Management Program, and the discontinuation of the local government agreement (Schedule A) with Coastside Fire Protection District, within the CZU Unit. Reductions identified in this agreement are effective June 30, 2013.
The CDFF and CAL FIRE have arrived at the following agreement as a full disposition of this matter:
COASTSIDE:
1. Any reassignment or transfer approved as part of this reduction will be effective July 1, 2013. Employees will report to their new assignment on this date.
2. Employees whose position number is associated with the Coastside agreement will be identified as an affected employee.
3. CZU employees will be afforded the opportunity to submit a transfer request to a desired location outside of CZU. Employees may select up to three locations where identified vacancies exist. Locations will be identified as 1st, 2nd, and 3rd choice.
4. CAL FIRE will determine the number of transfer requests to be honored based upon the number of employees that will be placed outside the unit as a result of this agreement.
5. Transfers request honored in item #4, will be offered to the most senior employee that selected the location. In the effect of a tie, a coin toss will determine the placement.
6. All transfer requests, pursuant to this agreement, must be submitted no later than Monday, March 11, 2013 no later than 10 am.
7. Coastside affected employees will be reassigned within CZU to current vacant positions in seniority order.
8. Coastside affected employees who are not able to be reassigned within CZU, or do not voluntarily participate in the transfer process, will be involuntarily transferred within the same classification to a location identified by CAL FIRE management. The involuntary transferred employees will report to the new assignment on July 1, 2013.
9. The reassignment and transfer process conducted pursuant to this agreement, will be given priority over transfers, submitted pursuant to Article 9, Voluntary Transfer and Reassignment of the Bargaining Unit Memorandum of Understanding (MOU).
10. It is understood that CAL FIRE may need to fill “behind” or “in front of” an employee who is transferring pursuant to this agreement with a different employee on a limited-term basis.
11. Neither CAL FIRE nor the permanent employees who is being displaced may rescind their assignment once granted. The permanent employee who is being displaced may rescind their assignment if the Coastside agreement is not discontinued, or other actions wherein CAL FIRE will continue Coastside services.
12. Employees who were involuntarily transferred outside of the CZU Unit pursuant to this agreement, will be offered a one-time opportunity to return to the Unit as outlined below:
a) Future CZU Unit vacancies in the employee’s classification (at the time of the Coastside discontinuation of services) will be offered to the most senior employee transferred pursuant to this agreement. If the employee chooses not to accept the position, the vacancy will be offered to the next employee in descending seniority order.
b) Employees who decline the offer of employment back to the CZU Unit will be considered to have waived their one-time opportunity to return.
c) Any employee exercising his/her option to return to the CZU Unit will assume responsibility for any relocation expenses he/she may incur.
FUELS GRANT AND PROPOSITION 84
1) Employees being reassigned via the Fuels Grant or Proposition 84 program reductions will be involuntarily transferred, unless they have a transfer request on file.
2) Any transfer requests, reassignments, or involuntary transfers for those employees affected by the Fuel Grants or Proposition 84 program reductions will be effective July 1, 2013.
AGREEMENT CLAUSES
1) Pursuant to the applicable laws and rules, CAL FIRE agrees to pay relocation expenses for those employees who were involuntarily transferred.
2) Should disputes arise as a result of the application or interpretation of this agreement the parties agree to use the grievance and arbitration process as outlined in the most recent bargaining unit agreement.
3) If there is a conflict between this agreement and any other existing agreements, rules or regulations, this agreement shall be controlling for the circumstances described herein only, unless otherwise prohibited by law.
4) This agreement concerns only the above-referenced issue and shall not serve as precedent for any other matter.
5) The effective date of this agreement is March 6, 2013. This agreement shall expire on March 6, 2015, or the date upon which the terms of this agreement have been satisfied, whichever occurs first.
6) This agreement represents the complete understanding of the parties concerning the above.
Signatures
3/6/2013, 3/7/2013
/s/ Kristine M. Rodrigues
CAL FIRE
Assst. Deputy Director, LHRM
/s/ Tina Ramirez
CAL FIRE
Personnel Officer, LHRM
/s/ Ken Hale
CDF Firefighters
/s/ Gary Messing
Attorney for CDF Firefighters
