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

.positions are to be eliminated by automation, technological ormanagement-initiated changes.19995.3 Provides for Department of Rehabilitation to retrain and refer disabledState employees to positions in State serviceARTICLE 22 – ENTIRE AGREEMENT AND SAVINGS CLAUSE22.1 Entire AgreementA. This Agreement sets forth the full and entire understanding of the parties regarding thematters contained herein, and any other prior or existing understanding or agreement by theparties, whether formal or informal, regarding any such matters are hereby superseded.Except as provided in this Agreement, it is agreed and understood that each party to thisAgreement voluntarily waives its right to negotiate with respect to any matter raised innegotiations or covered in this Agreement, for the duration of the Agreement.With respect to other matters within the scope of negotiations, negotiations may be requiredduring the term of this Agreement as provided in Subsection B. below.B. The parties agree that the provisions of this Subsection shall apply only to matters whichare not covered in this Agreement.The parties recognize that during the term of this Agreement, it may be necessary for theState to make changes in areas within the scope of negotiations. When a State agencyfinds it necessary to make such changes, the State agency shall seek delegation from theDepartment of Personnel Administration and if granted shall notify IUOE of the proposedchange 60 days prior to its proposed implementation.Prior to implementation, the parties shall undertake negotiations regarding the impact ofsuch changes on the employees in Unit 12, when all three of the following exist:1. Where such changes would affect the working conditions of a significant numberof employees in Unit 12.2. Where the subject matter of the change is within the scope of representationpursuant to the Dills Act.3. Where IUOE requests to negotiate with the State.C. To ensure that both parties fulfill their bargaining obligation within the 60-day timeframe,said requests to negotiate must be received by the State agency within 14 calendar days ofthe employer’s notice to the union.D. If a request to negotiate is submitted as provided above, said obligation to meet andconfer in good faith over the impact of the proposed change shall be fulfilled prior toimplementation of the change. Both parties acknowledge that they have a total of 60calendar days from the date of notice in which to discharge their bargaining obligation,including mediation, if necessary. Any impasse which arises during the course ofnegotiations may be submitted to mediation pursuant to Section 3518 of the Dills Act.118BU 12(99-01)