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Memorandum of Understanding with Unit 12 - Dpa - State of California

Memorandum of Understanding with Unit 12 - Dpa - State of California

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D. An employee or his/her authorized representative may review his/her <strong>of</strong>ficial personnelfile during regular <strong>of</strong>fice hours. Where the <strong>of</strong>ficial personnel file is in a location remote fromthe employee's work location, reasonable arrangements will be made to accommodate theemployee.E. The employee shall have a right to insert in his/her file reasonable supplementarymaterial and a written response to any items in the file. Such response shall remainattached to the material it supplements for as long as the material remains in the file.F. Any performance evaluation conducted <strong>of</strong> an employee who is a participant inIUOE/<strong>State</strong> collective bargaining negotiations shall recognize the employee's frequentabsence from his/her <strong>State</strong> job and the impact <strong>of</strong> such absences on the employee'sperformance. This is not intended to abrogate the right <strong>of</strong> the <strong>State</strong> to take disciplinaryaction against any employee who happens to be involved in such collective bargaining.G. Materials relating to an employee's performance included in the employee's <strong>of</strong>ficialdepartmental personnel file shall be retained for a period <strong>of</strong> time specified by eachdepartment, except that at the request <strong>of</strong> the employee, materials <strong>of</strong> a negative nature shallbe purged after one year.This provision, however, does not apply to formal adverse actions as defined in applicableGovernment Code Sections or to material <strong>of</strong> a negative nature for which actions haveoccurred during the intervening one year period. Except that, by mutual agreementbetween a department head or designee and an employee, adverse action material may beremoved.ARTICLE 17 - REASSIGNMENT AND TRANSFER17.1 Post and Bid - Local Work LocationsA. When the employer decides to fill a vacancy as defined below, employees holdingpermanent full-time status at a “work location” (See Addendum 1) in their classification, mayrequest in writing to be reassigned should a position or shift assignment become vacant intheir classification. For a request to be given consideration under this section it must befiled in accordance <strong>with</strong> paragraph “B” prior to the position or shift assignment becomingvacant. Permanent status for purposes <strong>of</strong> this section shall mean an individual who hassuccessfully passed his/her probationary period in the class and, if required, successfullycompleted all requirements <strong>of</strong> an apprenticeship program.B. Permanent status employees who wish to submit a reassignment request may do soduring a 30-calendar day open period, to be scheduled annually by each appointing power.Reassignment requests shall be kept on file for <strong>12</strong> months.C. The employee requesting the reassignment, or, in the case <strong>of</strong> multiple requests for thesame position, the employee <strong>with</strong> the greatest amount <strong>of</strong> continuous “work location”seniority in the class shall be selected over other employees. A vacancy shall be deemedto exist when a position is unoccupied as a result <strong>of</strong> retirement, transfer, termination,reassignment or new funding and the employer decides to fill it.D. Any employee appointed under the terms <strong>of</strong> this section must possess the requisite skillsand abilities required <strong>of</strong> the position. Any employee who has sustained a disciplinary actionor received a substandard review in a majority <strong>of</strong> the requisite skills <strong>of</strong> the position <strong>with</strong>in thelast <strong>12</strong> months, may, at the discretion <strong>of</strong> the employer, not be considered for transfer underthe provisions <strong>of</strong> this section.104BU <strong>12</strong>(99-01)

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