Monday, August 31, 2009

Tentative Ruling: Some Civil Service Furloughs Illegal

A Superior Court judge has tentatively ruled the furloughs of state Compensation Insurance Fund employees illegal, finding that Insurance Code section 11873(c) exempts State Compensation Insurance Fund employees from the furlough.

Local 1000 represents the 6,260 affected employees, and filed this lawsuit. The parties will be in court tomorrow for another hearing.

Links

CSEA Board of Directors Meets Thursday, September 3

The California State Employees Association (CSEA) Board of Directors meets Thursday, September 3, at the Westin Bonaventure Hotel (a.k.a. the General Council hotel) in Los Angeles. The agenda is available online. Here's a partial extract of the agenda:


  • Call to order on September 3, 2009, at 1:00 p.m. by President Dave Hart
  • Roll Call - Secretary-Treasurer David Okumura
  • Pledge of Allegiance - Vice President Donna Snodgrass
  • Communications - Secretary-Treasurer David Okumura
  • Report of Executive Session - Secretary-Treasurer David Okumura
  • Reading and Approval of Second 2009 Board of Directors Minutes - Secretary-Treasurer David Okumura
  • Report of Agenda Committee - Secretary-Treasurer David Okumura
  • Report of President
  • Report of Vice President
  • Report of Secretary-Treasurer
  • Staff Reports (If needed)

TIMES CERTAIN

Wednesday - September 2, 2009

2:00 p.m. - 5:00 p.m. Board Workshop (closed) - Beaudry B Room, Lobby Level
6:00 p.m. - 7:00 p.m. President's Reception (all welcome) - Huntington Suite, Floor 31

Thursday - September 3, 2009

9:00 a.m. - 11 :00 a.m. Board of Directors Executive Session (closed session) - Catalina Ballroom, Level 3
12:30 p.m. - 1:00 p.m. Board of Directors Agenda Committee (open session) - Catalina Ballroom, Level 3
1:00 p.m. - 3:00 p.m. Board of Directors Meeting (open session) - Catalina Ballroom, Level 3

BENEFITS ITEMS

  • BEN 1/09/3 (Donna Snodgrass) Group Term Life Insurance Plan - Anthem Life Insurance Company - Annual Review
  • BEN 2/09/3 (Donna Snodgrass) Group Ordinary Life Insurance Plan - Anthem Life Insurance Company - Annual Review
  • BEN 3/09/3 (Donna Snodgrass) Accidental Death and Dismemberment Insurance Plan - New York Life Insurance CompanyAnnual Review
  • BEN 4/09/3 (Donna Snodgrass) Disability Income Insurance Plans - (Short Term and Long Term) - New York Life Insurance Company - Annual Review
  • BEN 5/09/3 (Donna Snodgrass) Cancer Insurance Plans - Monumental Life Insurance Company - Annual Review
  • BEN 6/09/3 (Donna Snodgrass) Family Life Insurance Plan - American United Life Insurance Company - Annual Review
  • BEN 7/09/3 (Donna Snodgrass) Legal Plan - Legal Club of America - Annual Review
  • BEN 8/09/3 (Donna Snodgrass) Auto and Homeowners Insurance Plan - Unitrin Direct preferred insurance - Annual Review
  • BEN 9/09/3 (Donna Snodgrass) Emergency Assistance Plus Plan (EA+) - OnCall International- Annual Review
  • BEN 10/09/3 (Donna Snodgrass) 24PetWatch Pet Insurance Plan - Pethealth Incorporated - Annual Review
  • BEN 11/09/3 (Donna Snodgrass) Comprehensive Accidental Plan (CAP) - Hartford Life and Accident Insurance Company - Annual Review
  • BEN 12/09/3 (Donna Snodgrass) CalPERS Candidate Nights
  • BEN 13/09/3 (Donna Snodgrass) Increase Availability of CalPERS Proxy Votes

BYLAWS, POLICIES & PROCEDURES ITEMS

  • B&P 46/09/3 (Snodgrass) Definition of Membership
  • B&P 47/09/3 (Snodgrass) Resolutions Received by Electronic Means
  • B&P 48/09/3 Request to Reinstitute CalPERS Ombudsman

FISCAL ITEMS

  • FIS 8/09/3 (David Okumura) Adoption of 2008 CSEA Audit Report and Report to the Finance

INFORMATION ITEMS

  • A [Incomplete] - Disposition of Board Assignments
  • A-1 [Complete] - Disposition of Board Assignments
  • B - CSUEU Policy File
  • C - Corrections to the Report of the 64th General Council
  • D - Status of 2007 General Council Resolutions
  • E - Corrections to Part I: Bylaws 11/07

CSUEU is part of CSEA, one of 4 affiliates. We have 3 seats on the CSEA Board of Directors (CSEA Bylaws Article IV, Section 1, part a), filled by CSUEU's President, Vice President for Organizing, and Vice President for Finance (CSUEU Bylaws Section 5.1).

Links

Watch GC Guide Video

If you're a General Council (GC) delegate, we recommend you watch the informational video Come to Order: A Guide to GC Procedures before you head to Los Angeles. The video is about 11 ½ minutes long. Look for it on the main GC page.

Committee meetings, hearings, and workshops begin Thursday, September 3.

Links

Wednesday, August 19, 2009

Better Exempt Handout for Furlough Weeks

Claudia Garcia, President of Chapter 312 (Northridge), has created a better version of the handout/flier for exempt employees during furlough weeks. Claudia's formatting retains all the information while making it much easier to read and greatly improving the appearance.

This is a 1-page version of the Need-to-Know Info for Exempt Employees During Furlough Weeks article published here on August 2, without the reprinted contract and furlough agreement language, links, and other things that make no sense in a paper handout. There is no chapter or campus information, so this is suitable for use by anyone.

Links

Legislature Gave Raises to Own Staff While Civil Service Employees on Furlough

Oh, for pity's sake:

At least 87 California Assembly staff members received raises totaling more than $430,000 on an annualized basis, even as the state faced a growing budget deficit that led to furloughs and pay cuts for many other government workers and steep reductions in core services.

[…]

At the same time the Legislature was awarding pay increases, some 200,000 state government employees had been furloughed two days a month, equivalent to a 9 percent pay cut. That has since been increased to three days, or a nearly 15 percent pay cut.

KTVU reports the Legislature resisted disclosing how it spent taxpayer dollars, having made itself accountable not under the California Public Records Act, but only the far more restrictive Legislative Open Records Act. Aides said some raises were extra compensation for employees who were working more hours.

Thanks to Alisandra Brewer for the link.

Link

Friday, August 7, 2009

Agenda for Saturday Board of Directors Meeting

The CSUEU Board of Directors is meeting tomorrow, August 8, in Sacramento for the Board of Directors Orientation required by the policy file. Here are the agenda items:


CSUEU Board of Directors Retreat

August 8, 2009
10 a.m. to 5 p.m.

  1. Roll call       Ronnie Grant
  2. Board Orientation       Nancy Yamada
  3. Procedures for Travel Expenses and Union Leave       Kelly Tapia & Dayna Ramos
  4. Meeting Dates for 2009 & 2010       Pat Gantt & Loretta Sevaaetasi
  5. Strategic Planning Workshop       Eric Douglas

Policy File Extract

Here's the CSUEU Policy File extract on the Board of Directors orientation:

DIVISION 13: TRAINING AND ORIENTATION (BD 41/04/08)

1300.00 BOARD OF DIRECTORS ORIENTATION (BD 41/04/08)

At the first Board of Directors meeting after the election of a new Board of Directors, the President shall convene an orientation meeting of all Board of Directors members, to review the following: (BD 41/04/08)

(a)   Duties and Fiduciary responsibilities of Board of Directors; (BD 41/04/08)

(b)   Procedures for travel expenses and union leave; (BD 41/04/08)

(c)   Status of programs within the CSUEU; and (BD 41/04/08)

(d)   A calendar of meetings. (BD 41/04/08)


Links

Thursday, August 6, 2009

Reminders About Scheduling and Using Vacation

We're seeing a number of questions regarding vacation time, including concern about going over the cap (the maximum vacation time you can accrue) because of difficulty scheduling vacations around furloughs. Fear not: You cannot lose vacation time this way, unless you fail to put in all the necessary vacation requests.

Here are some paraphrased reminders of how vacation time works under our contract, with the actual contract language given below:

  • Vacation requests for up to 5 days with less than 30 days notice will be approved, subject to operational need. (14.9)
  • Operational need is not a magic phrase like abracadabra, much as some managers would like it to be. The need must be genuine. Talk to a steward if you need to.
  • Vacation requests go to your appropriate administrator. (14.9)
  • Generally, vacation requests are submitted in writing at least 30 days in advance. Your manager can waive this requirement. (14.9)
  • Your manager must respond to vacation requests in writing as soon as possible. (14.9)
  • Once vacation requests are approved in writing, they cannot be rescinded except by mutual agreement or in case of emergency. (14.9)
  • Maximum accrual of vacation time, or caps (14.7)
    • If you have up to 10 years service, you can accrue up to 272 hours of vacation time.
    • If you have more than 10 years of service, you can accrue up to 384 hours of vacation time.
    • If you will be over this amount at the end of the calendar year, you need to use it up before then, with some exceptions (see 14.7 and 14.10).
  • If you have use it or lose it vacation time (time you must use by the end of the year to avoid going over the maximum):
    • It is your responsibility to put in the necessary vacation request(s).
    • If you'll go over the maximum because your manager denied your vacation request(s) for vacation in the last quarter of the year, the process in section 14.10 kicks in.
      Short version:
      • You put in another request to use your excess time.
      • If your manager denies your request, you try to reach an agreement on alternative dates
      • If you can't reach an agreement, you get to pick 3 alternative periods before June 30 of the next year, and your manager has to approve one of them.
    • You can lose the vacation time you earned, if you don't put in all the necessary vacation requests.
    • If you follow the process in the contract, you cannot lose vacation time.
  • You must use your Personal Holiday by the end of the year, or you lose the time. (14.24)
  • Always track your leave time yourself, and compare each month to the information with your paycheck. The handy-dandy CSUEU Leave Tracking Form (a PDF file) is helpful for this.
  • You can cash out unused vacation time when you leave the CSU. (14.11)

The Contract Language

We recommend you read all of Article 14 (Vacations and Holidays), but here are some key provisions:


Vacation Accrual

14.2   Service requirements below are in terms of full-time service. Service requirements shall be pro rata for employees who work less than full-time.

Vacation Credit Per Monthly Pay Period
Service RequirementsDaysHours
(Hourly Equivalent of Days)
Days
(Annual Accrual Equivalent)
1 Month to 3 Years 5/6 6-2/3 10
37 Months to 6 Years 1-1/4 10 15
73 Months to 10 Years 1-5/12 11-1/3 17
121 Months to 15 Years 1-7/12 12-2/3 19
181 Months to 20 Years 1-3/4 14 21
241 Months to 25 Years 1-11/12 15-1/3 23
301 Months and Over 2 16 24

14.7   Vacation credits are cumulative to a maximum of two hundred and seventy-two (272) working hours for ten (10) or less years of qualifying service or three hundred and eighty-four (384) working hours for more than ten (10) years of such service. Accumulation in excess of this amount as of January 1 of each year shall be forfeited by the employee. An employee shall be permitted to carry over more than allowable credits when the employee was prevented from taking enough vacation to reduce the credits because the employee (1) was required to work as a result of fire, flood, or other extreme emergency; (2) was assigned work of priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; or (4) was prevented from using vacation previously scheduled to be taken in December because of being on paid sick leave.

Vacation Requests

14.9   Requests for scheduling vacation shall be submitted in writing to the appropriate administrator at least thirty (30) days in advance. When authorized to do so by the appropriate administrator, an employee may take vacation without submitting such a request. If an employee submits a vacation request for five (5) days or less with less than thirty (30) days notice, such request will be approved subject to operational needs. The appropriate administrator shall respond in writing to an employee's vacation request as soon as possible. The appropriate administrator shall respond in writing to vacation requests of five (5) or more days as soon as possible, but no later than within thirty (30) days of the employee's request. Once approved in writing, vacations shall not be rescinded without the mutual consent of the employee and the appropriate administrator, except in cases of emergency as determined by the appropriate administrator.

Based upon the operational needs of the campus, vacation schedules shall be determined by the appropriate administrator. Vacations shall be scheduled and taken only as authorized by the appropriate administrator. If a conflict in vacation requests arises, the appropriate administrator shall give consideration to the employee(s) with the most seniority, provided that operational needs are met.

14.10   Whenever an employee's accrued vacation amount will exceed or has exceeded the maximum accrual by the end of the calendar year as a result of the denial of one or more requests by the employee to schedule and use vacation in the last quarter of the calendar year, the following procedure shall apply:

  1. The employee shall submit a vacation request for the use of the excess vacation and the appropriate administrator shall respond to the request within ten (10) working days.
  2. In the event that the request has not been granted within the ten (10) day period, the employee and the appropriate administrator shall attempt to reach mutual agreement on alternative dates on which to use the excess vacation.
  3. If the employee and the appropriate administrator are unable to reach agreement, the employee may suggest three (3) alternative, non-overlapping periods of vacation time to be completed no later than June 30 of the new calendar year to utilize the excess vacation. The appropriate administrator shall agree to one of the three (3) scheduling options submitted by the employee.
  4. If the employee fails to submit the three (3) scheduling options for use of the excess vacation, the appropriate administrator will direct the use of vacation on days to be determined by the appropriate administrator.
Lump Sum Payment

14.11   Upon separation from service, an employee is entitled to a lump sum payment as of the time of separation for any unused or accumulated vacation. Such sum shall be computed by projecting the accumulated time on a calendar basis so that the lump sum will equal the amount which the employee would have been paid had he/she taken the time off, but not separated from service.

Personal Holiday

14.24   An employee is entitled to one (1) Personal Holiday which must be taken on one (1) day during the calendar year. If the employee fails to take the Personal Holiday before the end of the year, the holiday shall be forfeited. The scheduling of the holiday shall be by mutual agreement of the employee and the appropriate administrator.


Links

Working Unauthorized Extra Time Undermines You, Coworkers, Union

Yesterday CSUEU headquarters published a piece titled Information for Exempt Employees During Furlough Weeks. We'd like to highlight one important statement from the article:

Please do not work unauthorized extra time, just because you feel that the work needs to get done. It will undermine you, your bargaining unit and your union, because it will lead management to believe that you don’t need 40+ hours to do your job and that furloughs do not impact workload.

Links

1-Page Handout of Information for Exempt Employees During Furlough Weeks

Here's a 1-page handout version of the Need-to-Know Info for Exempt Employees During Furlough Weeks article published earlier this week.

This is a quick-and-dirty conversion of the newsletter article, without the lengthy reprinted contract and side letter language, the links, and other elements which make less sense in a handout. The formatting is quite basic. If someone invests the time to make an improved version, please let us know.

Links

Wednesday, August 5, 2009

July Membership Statistics for Unit 9

Membership numbers for July 2009 have been sent out. We've extracted the Unit 9 data and chapter totals, and posted them on the Unit 9 web site.

Almost 200 Unit 9 employees joined CSUEU in July, and over 300 employees from Units 2, 5, and 7. Unit 9 membership statewide is now at 63.0%.

Your chapter president should have a copy of the full report, if you're interested in chapter numbers for other bargaining units.

Links

Furlough and Compensation LMCs Meet August 17 and 18

Two statewide Labor Management Committees (LMCs) will have scheduled their first meetings for later this month, in Long Beach. Both primary and alternate delegates will be attending these meetings.

The statewide Furlough LMC will meet Monday, August 17 at the Chancellor's Office. The Unit 9 delegate for this LMC is Chair Rich McGee, with Vice Chair Alisandra Brewer as the alternate. Other CSUEU delegates are Pat Gantt, Russell Kilday-Hicks, Tessy Reese, Sharon Cunningham, and Annel Martin, with alternates Nancy Kobata, Pam Robertson, Rick Berry, and Michael Brandt. Lois Kugelmass is the staff assigned to this committee.

The Long-Term Compensation Strategy LMC will meet Tuesday, August 18 at the Chancellor's Office. This LMC is created as a result of Side Letter 27, dated May 5, 2009. The Unit 9 delegate is Rocky Waters from Humboldt, with Joseph Dobzynski from Channel Islands as the alternate. Other CSUEU delegates are Pat Gantt, Russell Kilday-Hicks, Lori Williams, Mick Chavez, and April Webster, with alternates Nancy Kobata, Lynn Barba, Kenneth Oden, and Rocky Sanchez. Teven Laxer is the staff assigned to this committee.

Link

Sunday, August 2, 2009

Need-to-Know Info for Exempt Employees During Furlough Weeks

At least 8 campuses begin furloughs this week. During furlough weeks (also known as furlough periods per section 2b of the furlough agreement), exempt employees become non-exempt.

I imagine it will be very difficult for both exempt employees and managers to transition from one to another, said CSUEU Vice President for Representation Russell Kilday-Hicks, an Information Technology Consultant (ITC) Career Exempt at San Francisco State University. The reason we are exempt is because of the higher level of responsibility these classifications entail. We don't get daily supervision. Our work is done by project, not punching a clock, and often can't be easily quantified like other work, and many of us are Type A workaholics to boot.

Being Non-Exempt During Furlough Weeks

Here are some things exempt employees should bear in mind during furlough weeks:

  • You may be subject to a fixed work schedule (a fixed start time and a fixed end time).
  • You need to account for part-day absences, including medical and dental appointments, partial days of jury duty, dependent care, etc., and record these appropriately on your time sheets. (Exempt employees normally only record and use sick time, vacation time, etc., in full-day increments.)
  • You can request and use vacation time in part-day amounts. If you want to take a half day off, you can schedule 4 hours of vacation.
  • You may not work more than 32 hours.
    • If you work more than 32 hours, that must be explicitly approved by the appropriate administrator. (Furlough Agreement section 4g, Contract section 19.4)
    • Employees must be compensated for work over 32 hours (Furlough Agreement section 4k).
  • During off hours, you should not be monitoring servers, checking your voicemail, checking your email, or responding to pages and phone calls, unless explicitly instructed to do so during the furlough week by the appropriate administrator.
    • This is true even if you are receiving a stipend for remote monitoring under contract section 20.43.
    • If you're unsure, ask your appropriate administrator what she/he wants you to do.
    • If you get a call during off hours from someone who isn't an administrator, advise the person to have an administrator call you. Only administrators can authorize overtime or initiate callback.
    • If you respond to a phone call, email, or page during your off hours, it's unauthorized overtime unless the appropriate administrator has explicitly authorized it.
  • You can be disciplined for exceeding 32 hours without authorization, or for not recording absences.
  • You must report overtime and all other hours worked on your payroll forms.
  • If assigned overtime means you won't have at least an 8-hour rest period, you can adjust your schedule to make sure you have a rest period (Contract section 19.5).
  • Normal work schedules are 5 days, Monday-Friday. The official boundaries of the normal work week are 12:01 a.m. Sunday to 12:00 midnight Saturday. (Contract section 18.10, 19.1 as revised in Side Letter 29)
  • Remember to take your breaks: 15 minutes for every 4 hours worked. You should be taking these anyway, actually. (Contract section 18.22)
  • Lunch periods are 30-60 minutes. (Contract section 18.19)
  • There will be a complaint procedure for employees whose assigned workload is unreasonable or excessive. (Furlough Agreement section 4j)

Please do not work unauthorized extra time because the work needs to get done. The CSU has decided not to have all the work done during furlough periods. If your manager doesn't grasp this, and is pressuring you to get 40 hours of work done in 32 hours, or work unofficially, contact a steward for help.


Furlough Agreement Language Excerpts

4. Employee Salary Rates and Schedules

g.   It is the intent of the CSU to avoid overtime during any furlough periods. Overtime must be authorized in accordance with Article 19, Section 19.4.

h.   Exempt employees lose their FLSA exemption during the week they take a furlough day and are treated as hourly employees.

i.   It is the expressed intent of the CSU that exempt employees should not be required to work more than thirty-two (32) hours during a furlough week.

j.   Where an exempt employee believes he/she has been assigned an excessive or unreasonable workload during a week in which he/she maintains his/her exempt status, the employee may file a complaint using a similar process contained in Article 8 of the Collective Bargaining Agreement. This process shall include a Chancellor’s Office Level of Review. The parties shall execute a MOU fully outlining the process to be followed within twenty-one (21) days of the execution of this agreement.

k.   Furlough days do not count as time worked for determining overtime in the workweek.

  1. In the event that any employee is authorized to work in excess of thirty-two (32) hours during any furlough week, he/she shall be compensated at the employee’s straight time rate up to forty (40) hours.
  2. All hours worked in excess of forty (40) hours in a workweek shall be compensated at a rate of one and one-half times his/her hourly straight time rate.
  3. In the event an employee is scheduled to work outside of their normal five-day workweek as a result of observing a furlough day, such time shall be considered call-back pursuant to Article 19, Sections 19.17 and 19.18.

Contract Language Excerpts

Article 2 — Definitions

2.3   Appropriate Administrator - The term "appropriate administrator" as used in this Agreement refers to the immediate non-bargaining unit supervisor or manager to whom the employee is normally accountable, or who has been designated by the President.

Article 18 — Hours of Work
Work Schedules For Exempt and Non-Exempt Employees
Normal Work Schedule

18.10   A normal work schedule will consist of a five (5) day workweek beginning on Monday and ending on Friday. The workweek shall consist of seven (7) consecutive twenty-four (24) hour periods beginning at 12:01 a.m. on Sunday and ending at 12:00 midnight the following Saturday.

Schedules — Non-Exempt Employees

18.1   Full-time employees in non-exempt classifications shall work a minimum workweek of forty (40) hours in a seven (7) day period or eighty (80) hours in a fourteen (14) day period.

18.2   The appropriate administrator shall determine the work schedule for an employee. An employee shall be provided with notification of a permanent work schedule change or a summer work schedule at least twenty-one (21) days prior to the effective date of the work schedule change. The appropriate administrator shall give consideration to employee seniority.

18.3   For those employees assigned a five (5) day workweek, the workday shall normally consist of eight (8) hours.

18.4   For non-exempt classifications, the full-time workweek is a workweek of forty (40) hours within seven (7) consecutive twenty-four (24) hour days. In accordance with the provisions of Article 19, employees may be required to work overtime hours as directed by the appropriate administrator.

18.5   Less than full-time employees shall be assigned hours pro rata and days of work as determined by the President.

Meal Periods

18.19   An employee shall be entitled to a meal period of not less than thirty (30) minutes, and not more than sixty (60) minutes. The time of such meal period shall be scheduled by the appropriate administrator and shall be at or near the middle of the workday.

18.20   Meal periods shall not be considered time worked when all of the following conditions are met:

  1. meal periods are at least thirty (30) minutes in duration,
  2. the employee is completely relieved of his/her duty, and
  3. the employee is free to leave his/her work station if the employee so desires.

18.21   An employee who is required by an appropriate administrator to remain at his/her workstation for the full shift shall be permitted to take a meal period, not to exceed thirty (30) minutes during work time. The meal period shall be paid and shall count as hours worked. In such case, the appropriate administrator may reduce the scheduled shift by the length of the meal period.

Rest Periods

18.22   An employee shall be allowed rest periods each workday of fifteen (15) minutes for each four (4) hours worked. Rest period schedules shall be determined by the appropriate administrator in accordance with the operational needs of the department. Rest periods shall be counted towards hours worked. When an employee is required to perform duties during a scheduled rest period, the appropriate administrator shall endeavor to reschedule the rest period for that workday. Rest period time not taken shall not be cumulative.

Article 19 — Overtime

19.1   Overtime is defined as authorized time worked in excess of forty (40) hours in a work week of seven (7) consecutive twenty-four (24) hour period.

For employees assigned to a five (5) day per week schedule of forty (40) hours or less or a 4/10 work schedule, the work week shall begin at a12:01 a.m. on Sunday and end at 12:00 midnight the following Saturday. For employees assigned to a 9/80 or a 3/12 work schedule, the work week shall begin at the midpoint of an employee's scheduled eight (8) hour day and end at the same time seven (7) consecutive twenty-four (24) hour periods later.

19.4   Overtime shall be authorized and assigned by the appropriate administrator.

19.5   If, as the result of an overtime assignment, a nonexempt employee will not have an eight (8) hour rest period from the end of an overtime assignment until the beginning of the next regularly scheduled work shift, the employee may request to report to work at the completion of the eight (8) hour rest period. Prior to the assignment it shall be arranged between the employee and the appropriate administrator whether the employee may:

  1. Take the time off at the beginning of the next work shift; or
  2. Take the time off at the end of the shift; or
  3. Work the entire shift; or
  4. Change his/her start time for that day until eight (8) hours after the completion of the overtime assignment and then working the number of hours the employee is normally scheduled to work.

If the employee takes the time off at the beginning or end of the shift pursuant to 19.5 (a) or (b) above, the employee has the option of using any accrued leave credits for the hours missed or taking off the hours missed as noncompensable time off the clock and, therefore, reducing the number of hours worked pursuant to provision 19.1.

19.7   The only official methods for the computation and accumulation of overtime are those provided in this Article. All hours worked, including overtime, are to be reported monthly on the appropriate payroll forms.

The appropriate administrator shall endeavor to equalize the overtime work among all qualified employees who have expressed interest in overtime work. Advance notice of overtime opportunities shall be provided to all qualified employees whenever possible. An employee shall be required to work overtime if no qualified volunteer is available.

Call-Back

19.17   Call-back work is work performed at a time outside of and not continuous with an employee's regular work schedule. An employee called back to work shall receive no less than three (3) hours pay at the overtime rate unless such call-back is within three (3) hours of the beginning of the employee's next shift, in which case the employee shall only be paid for the hours remaining before the beginning of the employee's next shift.

19.18   An employee may be called back to work at the discretion of the appropriate administrator. The appropriate administrator shall endeavor to assign call-back work on a volunteer basis. If no volunteers are available, or in an emergency situation, the employee who is called back shall be required to work.

Article 20 — Salary
Salary Stipends

20.43   At the decision of the Campus President or designee, an employee may receive a monthly stipend when (1) assigned, for a limited period of time, additional work or special projects over and above their regularly assigned duties or (2) required to maintain contact with their campus outside of their normal working hours on a regular basis. Remote contact shall include telephone, pager, cell phone, wireless data access device, remote monitoring of any hardware or software device, and/or electronic mail notification regarding the status of a campus system.


Links:

Saturday, August 1, 2009

Local 1000 Members Vote to Authorize Strike

Members of SEIU Local 1000 have voted by 74% to authorize a strike. Ballots were due at 5 p.m. Friday, and were counted today. Local 1000 represents around 95,000 civil service state employees.

No strike date has been announced, and options for job actions include activities short of a strike. A spokesman quoted in the Los Angeles Times said the union would be holding a number of meetings next week to decide what our next step is.

Local 1000 negotiated a new contract with the state in February, but the governer has not supported the contract he negotiated in the legislature and it remains unratified by legislators.

In its strike vote Frequently Asked Questions (FAQ) sheet, Local 1000 argues that:

If an employer’s unfair labor practices leave the union no option but the last resort of striking, then state law provides that the strike can be legal even if a contract contains a No Strike clause, as ours does.

The FAQ also states:

Workers should not claim, at work or anywhere else, that Local 1000 has made the decision to go on strike, no such decision has been made. If workers were to spread the untrue rumor that Local 1000 has now decided to walk out on strike, it could affect the legality of a strike if Local 1000 were to make such a decision.

CSUEU and Local 1000 are affiliates of the California State Employees Assocation (CSEA), as are the Association of California State Supervisors (ACSS) and CSEA Retirees.

Links