A. Unit 10 employees will normally be allowed a meal period of
not less than 30 minutes or more than 60 minutes which shall be determined by
the employee’s supervisor. The meal period will normally be scheduled in the
middle of the work shift. A supervisor shall consider employee requests for an
earlier or later meal period. Meal periods shall not be counted as part of the
total hours worked. For employees assigned to a straight eight (8) hour work
shift, meal periods will be counted as part of the total hours worked.
B. Upon request of a Unit 10 employee to modify his/her
established meal period, a supervisor shall consider the needs of the employee,
the needs of the State, and the nature of the work to be performed.
7.2 Alternative Work Schedule
Upon request of a Unit 10 employee or an authorized CAPS
representative, a department designee shall meet with such employee or
representative and consider requests for establishment of an alternative work
schedule, flextime, telecommute schedule or reduced work time for a Unit 10
employee. The request shall not be unreasonably denied. This Section is only
appealable to fourth level and is not arbitrable.
7.3 Overtime Scheduling
Where practicable, a department shall establish a system to
request and utilize volunteers to perform overtime work from among Unit 10
employees who are qualified and available within the appropriate work area. If
insufficient employees volunteer for the overtime opportunities, the State will
decide who shall perform the overtime work. Where sufficient Unit 10 employees
volunteer for overtime opportunities, the overtime will be distributed fairly
among employees insofar as circumstances permit. CAPS recognizes that work in
progress may be completed by the employee performing the work at the time the
determination was made that overtime was necessary.
7.4 Call Back Time
A. An employee in Work Week Group 2 who has completed a normal
work shift, when ordered back to work, shall be credited with a minimum of four
(4) hours work time provided the call back to work is without having been
notified prior to completion of the work shift, or the notification is prior to
completion of the work shift and the work begins three (3) or more hours after
the completion of the work shift.
B. When such an employee is called back under these conditions
within four (4) hours of the beginning of a previous call or an additional call
is received while still working on an earlier call back, the employee shall not
receive an additional four (4) hours credit for the new call back.
C. When such an employee is called back within four (4) hours of
the beginning of the employee’s next shift, call back credit shall be received
only for the hours remaining before the beginning of the employee’s next shift.
D. When staff meetings, training sessions, or work assignments
are regularly scheduled on an employee’s authorized day off, the employee shall
receive call back compensation. When staff meetings and training sessions are
regularly scheduled on an employee’s normal work day and outside the employee’s
normal work shift, overtime compensation shall be received in accordance with
the rules governing overtime.
7.5 Fair Labor Standards Act
A. Notwithstanding any other contract provision, departmental
policy, or practice, the travel time of employees who are covered by FLSA shall
only be considered as time worked if it meets the definitions and requirements
of travel time in Sections 785.34 through 785.41 of Title 29 of the Code of
B. No employee in a classification assigned to Work Week Group E
shall have his/her salary reduced (docked) for absences of less than an entire
7.6 Duty Officer - Department of Toxic Substances Control
A. The after-hours Emergency Response Duty Officer (ERDO)
Program is staffed by HSS, Range C volunteers from the Emergency Response
Program, and if there are insufficient ER unit volunteers, other qualified DTSC
volunteers based upon the volunteers’ current job assignment, background,
skills, experience, and training. The ERDO assignment involves responding to
telephone calls received from the Governor’s Office of Emergency Services or
from other government agencies for the purpose of taking immediate corrective
actions necessary to remedy or prevent an emergency resulting from fire,
explosion, release, or potential release of hazardous substances that threaten
human health or the environment. This activity includes, but is not limited to,
approving expenditures of State funds, providing technical guidance, and
coordinating emergency responses.
1. On a seven consecutive day rotational basis, an ERDO
volunteer will serve as primary contact during non-regular work hours and will
be available by telephone or electronic pager at all times during the assignment
as ERDO. A period of less than seven days may be assigned at the ERDO’s request
due to extreme and unusual conditions.
2. Those ERDO volunteers not acting as primary ERDO will act as
backup contacts, if available, in the event the primary ERDO cannot be reached
or is unable to carry out the duties of the assignment. The non-regular work
hours that will be covered by the ERDO include weekdays from 5:00 pm to 8:00 am,
with 24 hour coverage on weekends and days the office is closed during normal
workdays, holidays, and/or emergencies.
1. Effective upon ratification of this Agreement, ERDO
volunteers shall receive a baseline compensation of one (1) hour of overtime
credit for each weekday period (5 pm to 8 am), and 3.5 hours of overtime credit
for each day (24 hours) on the weekend for a total of 12 hours credit per week.
2. Any compensation for time spent acting as ERDO for less than
a full weekday or weekend period shall be prorated on these baseline rates.
3. An after-hours ERDO working on a holiday shall receive an
additional four (4) hours of overtime credit.
4. In addition to the baseline compensation of 12 hours per
week, employees shall receive a minimum of two (2) hours overtime credit per
incident handled. Time exceeding two hours will be compensated at time and
one-half for each quarter hour increment. DTSC will reimburse overtime credits
as pay unless management and the employee agree on compensating time off (CTO).
5. When an ERDO volunteer determines he/she needs rest during
regular work hours, the ERDO volunteer may request up to four (4) hours
administrative time off to be granted at the supervisor’s discretion.
7.7 Work Week Group Definitions and Compensation
A. Work Week Group 2
1. Work Week Group 2 applies to those classifications in State
service subject to the provisions of the Fair Labor Standards Act (FLSA).
2. Overtime for employees subject to the provisions of the FLSA
is defined as all hours worked in excess of forty (40) hours in a period of 168
hours or seven consecutive 24-hour periods.
3. The State employer agrees to administer current rules and
practices regarding work week groups and overtime. Only time actually
worked shall be considered time worked towards premium overtime in a work week.
This means that time spent by employees on paid leave, such as vacation, sick
leave, holidays, compensating time off, etc., shall not be counted as time
worked for purposes of determining eligibility for premium overtime.
4. Employees in Work Week Group 2 required to work in excess of
forty (40) hours per week shall be compensated for such ordered overtime either
by cash payment or compensating time off (CTO) in the following manner:
a. Cash compensation shall be at one and one-half (1 1/2) times
the hourly rate.
b. Compensating time off for Work Week Group 2 employees shall
be given at one and one-half (1½) hour for each overtime hour worked.
5. Overtime may be compensated on a cash or CTO basis at the
discretion of the department head or designee. Both parties agree and understand
that a different type of overtime payment (cash or CTO) may be provided to
employees at different times and may even be different for employees in the same
or similar situations.
6. The Department of Food and Agriculture and CAPS agree that
Unit 10 employees who are approved for Alternate Range Criteria 208 may be
compensated for up to 20 hours of overtime at straight time per month for the
period of the Alternate Range applicability.
7. The Department of Food and Agriculture and CAPS agree that
Unit 10 employees who are assigned to Governor declared Emergency Projects will
have their Work Week Group changed to 2 for the duration of the assignment. This
provision does not apply to employees who are approved for Alternate Range
B. Work Week Group E
1. State employees who are exempt from the FLSA are salaried,
not hourly, workers.
2. To assure continued exemption from the FLSA, the following is
the state’s policy for all employees exempt from the FLSA:
a. Management determines, consistent with the current memorandum
of understandings, the products, services, and standards which must be met by
FLSA exempt employees.
b. The salary paid to FLSA exempt employees is full compensation
for all hours worked.
c. FLSA exempt employees are not authorized to receive any form
of overtime compensation, whether formal or informal.
d. FLSA exempt employees are expected to work the hours
necessary to accomplish assignments and fulfill their responsibilities. The
employee’s workload will normally require 40 hours per week to accomplish.
However, inherent in the job is the responsibility and expectation that work
weeks of longer duration may be necessary for which there will be no additional
compensation in any form.
e. Management can require FLSA exempt employees to work
specified hours. However, consistent with operational needs, and the services
which management has determined must be provided, the FLSA exempt employee,
subject to notifying and obtaining management concurrence, has the flexibility
to alter his/her daily and weekly work schedules.
Employees are responsible for keeping management apprised of
their schedules and whereabouts, must receive approval from management for the
use of formal leave (e.g. vacation, sick leave, personal leave) and for absences
of one day or more, and must respond to directions from management to complete
work assignments by specific deadlines.
f. Consistent with the salaried nature of FLSA exempt employees,
(1) Shall not be charged any paid leave for absences in less
than whole day increments;
(2) Shall not be docked for absences of less than a day;
(3) Shall not be suspended in increments of less than one
complete work week (one week, two weeks, three weeks, etc.) when facing
discipline, suspensions, demotions, or discharge;
(4) Shall not have absences of less than a day recorded for
attendance record keeping or compensation purposes.
C. Work Week Group SE
1. Work Week Group SE applies to those positions that under the
FLSA are statutorily exempted (physicians, attorneys, teachers) from coverage.
7.8 On-Call Assignments
A. Department of Fish and Game
1. On-Call Program
a. "On-call" is the requirement that an employee be available
during specified off-duty hours to receive an order to work. An employee
assigned to on-call duty shall at all times while on-call be prepared to respond
in a fit and able condition. Employees not scheduled for on-call duty who are
called back to work are not eligible for on-call compensation. Rather,
appropriate call back provisions apply.
b. The Office of Spill Prevention and Response (OSPR) requires designated Unit 10
employees to be available during non-work hours to respond in accordance with
program procedures to departmental emergencies and any other urgent, operational
needs of the Department. The programs shall clearly specify in writing when any
designated Unit 10 employee will be required to be available when not working,
and what periods of non-working hours such employees shall be required to be
available. Any Unit 10 employee with appropriate training may be selected
for emergency response pursuant to this section.
2. Selection of OSPR Unit 10 Employees for On-call Duty
a. The OSPR will establish and publish on-call
schedules on a monthly basis. The on-call scheduler will consult with
staff required to be on-call in an effort to accommodate staff time off and/or
other travel when preparing the on-call schedule.
Substitution must be
voluntary on the part of both employees and approved by the appropriate Response
Supervisor prior to the beginning of the on-call assignment. A
Response Supervisor is a manager or supervisor having the authority to call back
and assign employees to an emergency incident.
b. If an employee due to an emergency or illness is unable to
fulfill his/her on-call duty responsibilities, he/she must notify the dispatch
center. The Response Supervisor will first seek volunteers to cover the on-call shift.
However, if no one volunteers or the program is under time constraints,
management retains the discretion to make on-call assignments from among program
Unit 10 employees.
c. Management retains the right to place additional program Unit
10 employees on on-call duty during emergency situations.
d. Employees assigned to on-call duty must respond within
fifteen (15) minutes of being contacted by a program communication dispatcher.
If the employee does not respond to the initial call, the dispatcher will
make a second attempt to reach the employee. If the dispatcher is still
unable to reach the on-call employee, the dispatcher shall contact the Response
"Respond" in this case means contacting the dispatcher and beginning the
response assessment procedure, including fact finding via telephone and/or
driving to a particular incident.
e. Employees on-call who do not respond or cannot be located may
forfeit their on-call compensation.
3. Cell Phones
a. The program will furnish cellular
telephones and require employees assigned to on-call duty to carry these with
them. Assigned employees shall be required to keep the cell phone activated and
available, and to respond in the event he/she is contacted by a departmental
representative during such on-call time.
b. The on-call employee shall check in with the dispatcher at the beginning of each on-call
shift to verify the dispatcher has the correct on-call schedule.
c. It is the responsibility of the employee to give the
dispatcher another contact number if the employee is in an area where the cell
Any OSPR Unit 10 employee covered by the Fair
Labor Standards Act (FLSA) and assigned to be available for on-call duty shall
be credited with four (4) hours of compensating time off (CTO) or cash at
department's discretion for on-call time
on a workday and six (6) hours of CTO or cash at department's discretion for on-call time on an administrative day
off (24 hour period) provided his/her on-call time is not interrupted by a
If during the workday the employee’s on-call time is interrupted
by a call-back, then the employee will only be compensated two (2) hours of CTO
or cash at department's discretion for eight (8) hours or less of on-call time or four (4) hours of CTO
or cash at department's discretion for more
than eight (8) hours of on-call time. If this situation occurs during an
administrative day off, the employee will receive only two (2) hours of CTO or
cash at department's discretion for
eight (8) hours or less of on-call time, four (4) hours of CTO or cash at
department's discretion for more than
eight (8) hours but less than sixteen (16) hours of on-call time or six (6) hours of
CTO or cash at department's discretion for more than sixteen (16) hours of on-call time. For purposes of this
agreement, "On-call Time" does not include the employee’s normal work hours,
including the lunch period, and scheduled or unscheduled overtime.
On-call time and compensation shall not be considered as time
worked for overtime purposes consistent with federal and state law.
Employees of OSPR who have accumulated less than 240 hours of
CTO in a calendar year may elect to cash out up to 40 hours of CTO. This
cash out option is only allowed once during a twelve (12 month period.
An OSPR Unit 10 FLSA exempt employee assigned to be available
for on-call duty shall be compensated with vacation or annual leave credits
instead of CTO. However, with regards to the employee’s actual response time,
such time is considered part of his/her regular duties for which he/she is fully
compensated by his/her monthly salary.
5. Response While On-Call. If a program Unit 10 FLSA covered
employee, while on-call duty, is required by the OSPR/MRSR to attend to the
operational needs of the Department and to report to a particular site or work
location, that employee shall be compensated in accordance with the call-back
provisions in Article 7.4 of the Memorandum of Understanding (MOU) between CAPS
and the State of California. If a response to a particular site or work location
is not required, the employee will only be compensated for the actual time spent
on the telephone and assessing the situation.
6. Dispute Resolution. Disputes concerning the interpretation or
application of this Agreement shall be subject to the grievance and arbitration
procedure in Article 9.
B. Department of Public Health
1. On-call assignment is defined as a work-shift of no less than
one day in which the Unit 10 employee is: (1) available by telephone or
electronic paging device at all times; and (2) normally immediately available to
return to the facility for any emergency response deemed necessary by the
employee or supervisor. On-call assignment shall be in addition to the
employee’s normal work schedule. If the State deems it necessary, the State
shall issue a Unit 10 employee an electronic paging device during an on-call
2. Those employees completing an on-call assignment shall
receive one (1) hour CTO for each eight (8) hours time period of each on-call
assignment, to a maximum of three hours CTO for each 24 hour period on call.
Payment for fractions of an hour shall be made in quarter hour increments.
3. On-call assignments shall not be rescheduled to be less than
one full day solely to avoid payment under this Section.
4. Unit 10 employees who complete on call assignments of less
than seven (7) consecutive days shall receive pro rata CTO or pro rata pay.
5. On call compensation can apply to all Unit 10 staff
regardless of work week group.
7.9 Arduous Duty Differential for FLSA Exempt Employees
The State shall establish an "arduous pay" program to provide
additional compensation to FLSA exempt employees assigned to WWGs E and SE when
there is no other way to recognize the performance of additional duties and
responsibility which clearly exceed the normal demands of an employee’s
classification/position. Employees shall be eligible for this pay differential
for up to four months per fiscal year (or per event for emergencies involving
loss of life or property).
Requests for arduous pay shall be made to the Department of
Personnel Administration on a case-by-case basis by the employing department.
The Department of Personnel Administration shall evaluate said requests based on
whether it satisfies all of the following:
A. Nonnegotiable Deadline or Extreme Urgency
The work must have a deadline or completion date that cannot be
controlled by the employee or his/her supervisor, or must constitute an extreme
urgency. The deadline or extreme urgency must impose upon the employee an
immediate and urgent demand for his/her work that cannot be avoided or mitigated
by planning, rescheduling, postponement or rearrangement of work, or
modification of the deadline.
B. Work Exceeds Normal Work Hours and Normal Productivity
The work must be extraordinarily demanding and time consuming,
and of a nature that significantly exceeds the normal work week and work
productivity expectations of the employee’s work assignment.
Employees who are excluded from FLSA are expected to work
variable work schedules as necessary to meet the demands of the job. This pay
differential is not intended for employees who regularly or occasionally work in
excess of the normal work week to meet normal workload demands. It is intended
where in addition to working a significant number of hours in excess of the
normal work week, there is a demand for and achievement of greater productivity
C. Work is Unavoidable
The work must be of a nature that it cannot be postponed,
redistributed, modified, reassigned or otherwise changed in any way to provide
D. Work Involves Extremely Heavy Workload
The work is of a nature that it cannot be organized or planned
to enable time off in exchange for the extra hours worked. The absence from work
would cause difficulty or hardship on others and would result in other critical
work not being completed. Occasional heavy workload of less than 12 to 14 days
in duration would not normally satisfy this requirement because time off can be
arranged as compensation for this demand.
E. No Other Compensation
The employee who is receiving this pay differential is not
eligible for any other additional compensation for the type and nature of the
above described work.
Department decisions not to submit arduous pay requests to the
Department of Personnel Administration, and DPA decisions to deny arduous pay,
shall not be subject to the grievance or arbitration provisions of this
7.10 Telecommute/Telework Program
A. Where operational considerations permit, a department may
establish a telework program. If the telework arrangement conforms to telework
criteria established in the department’s telework policy and guidelines, no
employee’s request for telework shall be unreasonably denied. Such programs
shall operate within the policies, procedures, and guidelines established by the
Telework Advisory Group.
B. Formal written telework or telecommuting policies and
programs already adopted by departments before the date of this Contract will
remain in effect during the term of this Contract.
C. Departments that desire to establish a telework or
telecommuting policy and/or program or departments desiring to change an
existing policy and/or program shall first notify the Union. Within thirty (30)
calendar days of the date of such notification, the Union may request to meet
and confer over the impact of a telework or telecommuting policy and/or program
or change in an existing telework or telecommuting policy and/or program.