Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
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C. If IUOE requests in writing <strong>with</strong>in 10 work days <strong>of</strong> receipt <strong>of</strong> the notice, the DPA shallmeet <strong>with</strong> IUOE to discuss the final proposal. If IUOE does not respond to the notice, or ifIUOE does not meet <strong>with</strong> DPA <strong>with</strong>in 5 work days from their date <strong>of</strong> request, theclassification proposal shall be deemed agreeable to IUOE and be placed on the SPB'sconsent calendar.D. The DPA shall meet and confer, if requested, in writing, <strong>with</strong>in 5 work days from the datethe SPB approved the classification change, regarding only the compensation provisions <strong>of</strong>the classification.E. Neither the classification nor the compensation provisions shall be subject to thegrievance and arbitration procedure in Article 14.18.2 Out-<strong>of</strong>-Classification AssignmentsA. Out-<strong>of</strong>-Class When Required.If a department head or designee requires an employee to work in a higher classification formore than 15 consecutive calendar days, the employee shall receive a pay differential <strong>of</strong>5% over his/her normal daily rate <strong>of</strong> the class to which he/she is appointed for that period inexcess <strong>of</strong> 15 calendar days. If a department head or designee requires an employee towork in a higher classification for 30 consecutive calendar days or more, the employee shallreceive a pay differential <strong>of</strong> 5% over his/her normal daily rate <strong>of</strong> the class to which he/she isappointed from the first day <strong>of</strong> the assignment. If the assignment to a higher classification isnot terminated before it exceeds <strong>12</strong>0 consecutive calendar days, the employee shall beentitled to receive the difference between his/her salary and the salary <strong>of</strong> the higher class atthe same step the employee would receive if the employee were to be promoted to thatclass for that period in excess <strong>of</strong> <strong>12</strong>0 consecutive calendar days. The 5% differential shallnot be considered as part <strong>of</strong> the base pay in computing the promotional step in the higherclass.B. The <strong>State</strong> shall not rotate employees in and out <strong>of</strong> out-<strong>of</strong>- class assignments for the solepurpose <strong>of</strong> avoiding payment <strong>of</strong> an out-<strong>of</strong>-class differential.C. It is not the <strong>State</strong>'s intent to select employees for out-<strong>of</strong>- class assignments based onfavoritism.D. If an employee believes that he/she is working out <strong>of</strong> class in a higher level class, he/shecan file a grievance under Article 14. The Department <strong>of</strong> Personnel Administration shall bethe final level <strong>of</strong> review and the grievance shall not be subject to arbitration.E. No employee may be assigned for more than one year <strong>of</strong> out-<strong>of</strong>-classification for any oneassignment.18.3 Work AssignmentsIn accordance <strong>with</strong> G.C. 19818.8, work regularly performed by BU<strong>12</strong> employees will notnormally be assigned to non-bargaining unit personnel.107BU <strong>12</strong>(99-01)