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

C. If IUOE requests in writing within 10 work days of receipt of the notice, the DPA shallmeet with IUOE to discuss the final proposal. If IUOE does not respond to the notice, or ifIUOE does not meet with DPA within 5 work days from their date of 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, within 5 work days from the datethe SPB approved the classification change, regarding only the compensation provisions ofthe classification.E. Neither the classification nor the compensation provisions shall be subject to thegrievance and arbitration procedure in Article 14.18.2 Out-of-Classification AssignmentsA. Out-of-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 of5% over his/her normal daily rate of the class to which he/she is appointed for that period inexcess of 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 of 5% over his/her normal daily rate of the class to which he/she isappointed from the first day of the assignment. If the assignment to a higher classification isnot terminated before it exceeds 120 consecutive calendar days, the employee shall beentitled to receive the difference between his/her salary and the salary of the higher class atthe same step the employee would receive if the employee were to be promoted to thatclass for that period in excess of 120 consecutive calendar days. The 5% differential shallnot be considered as part of the base pay in computing the promotional step in the higherclass.B. The State shall not rotate employees in and out of out-of- class assignments for the solepurpose of avoiding payment of an out-of-class differential.C. It is not the State's intent to select employees for out-of- class assignments based onfavoritism.D. If an employee believes that he/she is working out of class in a higher level class, he/shecan file a grievance under Article 14. The Department of Personnel Administration shall bethe final level of review and the grievance shall not be subject to arbitration.E. No employee may be assigned for more than one year of out-of-classification for any oneassignment.18.3 Work AssignmentsIn accordance with G.C. 19818.8, work regularly performed by BU12 employees will notnormally be assigned to non-bargaining unit personnel.107BU 12(99-01)