11.54 INTENTIONALLY EXCLUDED

11.54.1 Division of Workers’ Compensation and Workers’ Compensation Appeal Board Education Pay Differential (DIR) (Unit 1)

Effective the first day of the pay period six (6) months following ratification by both parties, Department of Industrial Relations employees in the Division of Workers’ Compensation and Workers’ Compensation

Appeal Board employed as a Management Services Technician (5278) who obtain a certificate of completion from a California-recognized court reporting school, or certification from such school evidencing equivalent proficiency shall receive a five percent (5%) Educational Pay Differential.

This differential shall not be considered as compensation for the purposes of retirement compensation. This differential shall not be subject to the grievance and arbitration procedures.

11.54.4 Division of Workers’ Compensation and Workers’ Compensation Appeal Board Education Pay Differential (DIR) (Unit 4)

Effective the first day of the pay period six-months following ratification by both parties, Department of Industrial Relations employees in the Division of Workers’ Compensation and Workers’ Compensation Appeal Board employed as a Senior Legal Typist (3224), or Office Technician (Typing) (1139) who obtain a certificate of completion from a California-recognized court reporting school, or certification from such school evidencing equivalent proficiency, shall receive a five percent (5%) Educational Pay Differential.

This differential shall not be considered as compensation for the purposes of retirement compensation. This differential shall not be subject to the grievance and arbitration procedures.

11.55.14 Pay Differential – Sheetfed Offset Press Operator (SOPO) II (Unit 14)

  1. The State and SEIU Local 1000 agree that incumbents in the SOPO II classification who are permanently assigned to operate envelope specialty presses more than fifty percent (50%) of the employee’s work time will receive a pay differential of two hundred fifty dollars ($250) per month prorated according to time base.
  2. The parties agree that it is the parties’ intent that persons receiving the SOPO II pay differential shall not experience a loss in compensation upon movement to another class in State service. When determining the rate of pay for an employee that is receiving compensation under this pay differential, the employee shall move from the employee’s combined rate (base salary plus pay differential) not to exceed the maximum of the class, when computing the appointment rate upon movement to another classification.

11.56.17 Registered Nurse Lead Differential (Unit 17)

  1. Effective July 1, 1999, Registered Nurses (Range B or D), Registered Nurses (Correctional Facility) (Range B or D), and Registered Nurses (Forensic Facility) (Range B or D), designated “shift leads” and whose primary, regularly assigned duties by the State are to direct the work of other nursing employees on a shift for a qualifying pay period shall receive a differential of one hundred fifty dollars ($150) per month.
  2. This lead differential shall not be considered as compensation for purposes of retirement contributions.
  3. The State shall not rotate nurses in and out of lead assignments nor arbitrarily reassign nurses receiving this differential to avoid paying this differential.

11.57.17 Educational Differential (Unit 17)

  1. Registered Nurses (8165), Registered Nurses (RN) (Forensic Facility) (8094), Registered Nurse (Correctional Facility) (9275), Surgical Nurses I (8130), and Health Services Specialists (8160) and (9699) who successfully complete the equivalent of fifteen (15) qualifying semester units or the

    2. equivalent of collegiate level job-related courses in a college or university of recognized standing shall be given an educational differential of seventy-five dollars ($75) per month. Only courses on the lists established by each department for implementing this provision will qualify toward this differential.

  2. Upon request of the employee, each department employing RN’s (8165), RN’s (Forensic Facility) (8094), RN’s (Correctional Facility) (9275), Surgical Nurses I (8130), and Health Services Specialists (8160) and (9699) shall make available to all current and new Unit 17 employees a copy of the lists of those courses which qualify for this differential.
  3. Only courses completed within the previous ten (10) years shall qualify towards educational differential.
  4. The education differential shall not be considered as “compensation” for purposes of retirement contributions.
  5. The State may add courses to the qualifying list at its discretion.
  6. See Appendix 1.17 for Departmental Application procedures and for approved courses. Within one hundred twenty (120) days from ratification and upon the Union’s request, each department

    7. shall meet with the Union to review and discuss the department’s applicable section(s) for required updates.

11.58.17 Arduous Pay Differential (Unit 17)

At the discretion of the appointing authority, Bargaining Unit 17 employees who are in classifications exempt from the Fair Labor Standards Act (FLSA) (i.e., workweek group designation E or SE), shall be eligible to receive the “FLSA Exempt Employee Differential for Extremely Arduous Work and Emergencies” when performing arduous work that exceeds the normal demands of State service employment and upon meeting the criteria included in the differential (Appendix 2.17). The provisions of this section shall not be grievable or arbitrable.

11.59.17 Health Facilities Evaluator Nurse LA County Travel Incentive – California Department of Public Health (Unit 17)

Health Facility Evaluator Nurses (HFEN) that report to work in Los Angeles County for forty (40) hours or five

(5) days within a qualifying pay period will receive a two hundred and fifty dollars ($250) travel incentive per qualifying pay period.

Less than full time employees shall receive the incentive on a prorated basis. This incentive shall not qualify for retirement purposes.

11.60.20 LVN Recruitment and Retention (Unit 20)

  1. Unit 20 LVNs not currently receiving a recruitment and retention differential, with exception of those Licensed Vocational Nurses who are affected by the Plata Equity Agreement reached with SEIU Local 1000, December 20, 2007 and those LVN classifications who are under the receiver’s authority shall receive a recruitment and retention bonus of at least two hundred dollars ($200) per month payable thirty (30) days following the ratification of this Agreement.
  2. Part-time and intermittent employees shall receive a pro rata share of the recruitment and retention differential based on the total number of hours worked excluding overtime.
  3. This differential shall be considered compensation for retirement purposes for employees identified in A above.

    4. It is understood by the Union that the decision to implement or not implement annual recruitment and retention payments or to withdraw authorization for such differentials, and the amount of such payments rests solely with the State and that such decision is not grievable or arbitrable.

11.61.20 Split Shift Differential (Unit 20)

Department of Education Unit 20 employees who regularly work split shifts shall receive a split shift pay differential maximum of seventy dollars ($70) per pay period.

  1. A “regularly scheduled split shift” are those regularly assigned work hours established by the Department of Education.
  2. Employees shall be eligible to receive the split shift pay differential for each pay period the employees have worked the split shift for more than five (5) days.

    3. During the summer recess (i.e., after the schools have closed and employees are sent home), sick leave, vacation, CTO, and holidays shall not be considered as time worked for the purposes of receiving the split shift differential.

11.62.20 Dental Assistant Registration Differential (Unit 20)

  1. All Dental Assistant classifications, except CDCR Dental Assistant classifications, who have obtained their Registered Dental Assistant (RDA) certification from the State Department of Consumer Affairs (DCA) shall receive an additional one hundred dollars ($100) per month upon submitting a copy of the certification to the department head or designee.
  2. All Dental Assistants classifications, except CDCR Dental Assistant classifications, who have obtained Coronal Polishing Certification from the Department of Consumer Affairs shall receive an additional twenty-five dollars ($25) per month upon submitting a copy of the certification to the department head or designee.
  3. All CDCR Dental Assistant classifications who have obtained Coronal Polishing Certification from the Department of Consumer Affairs and who have submitted a copy of the employee’s certification to the department head or designee shall receive an additional twenty-five dollars ($25) for any month the employees are directed by a licensed dentist to perform coronal polishing on a patient.
  4. All Dental Assistants classifications, except CDCR Dental Assistant classifications, who have obtained Ultrasonic Scaling Certification from the Department of Consumer Affairs shall receive an additional twenty-five dollars ($25) per month upon submitting a copy of the certification to the department head or designee.
  5. All CDCR Dental Assistant classifications who have obtained Ultrasonic Scaling Certification from the Department of Consumer Affairs and who have submitted a copy of the certification to the department head or designee shall receive an additional twenty-five dollars ($25) for any month the employees are directed by a licensed dentist to perform ultrasonic scaling on a patient.
  6. Upon movement to another class in State service, an employee receiving compensation under this pay differential shall move from the combined rate (base salary plus pay differential) not to exceed the maximum of the class when computing the appointment rate.

11.63.20 Certified Nursing Assistant/EMT Pay Differential (Unit 20)

Upon CalHR approval, Certified Nursing Assistants with emergency medical technician (EMT) certification shall receive a pay differential of one hundred fifty dollars ($150) per month.

11.64.21 Professional Development (Unit 21)

The State recognizes the importance of continuing professional development within the education community.

  1. The State shall provide to all employees, two (2) days per fiscal year (without loss of compensation) for activities such as, professional association activities, professional and/or personal development seminars, etc., to promote professional and/or personal growth and to enhance professional and/or personal goals. These activities are at the employees’ expense and therefore the choice of activity is at the employee’s discretion. This time shall be requested and approved in the same manner as vacation/annual leave. Such time shall not be accumulated.
  2. To encourage employees to enhance the employee’s education expertise, Unit 21 employees shall be granted a professional development incentive of three hundred dollars ($300). Employees are entitled to receive this incentive only once, and shall be subject to the following criteria:
    1. Employees must have completed at least six (6) hours of education study and/or research in order to enhance the employee’s professional capabilities.
    2. Eligibility must be verified and approved by the employee’s departmental ERO/LRO. Verification will be submitted on a form provided by the State.

11.65.21 Arduous Pay Differential (Unit 21)

The State shall establish an “arduous pay” program to provide additional compensation to FLSA exempt employees assigned to WWG E 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 (4) months per fiscal year (or per event for emergencies involving loss of life or property.)

Requests for arduous pay shall be made to CalHR on a case-by-case basis by the employing department. The employing department shall notify the employee in writing of the submission or of refusal to submit the request to CalHR, and result of CalHR’s decision. CalHR shall evaluate said requests based on whether the requests satisfy all of the following.

  1. Nonnegotiable Deadline or Extreme Urgency

    2. The work must have a deadline or completion date that cannot be controlled by the employee or the employee’s supervisor, or must constitute an extreme urgency. The deadline or extreme urgency must impose upon the employee an immediate and urgent demand for the employee’s work that cannot be avoided or mitigated by planning, rescheduling, postponement or rearrangement of work, or modification of the deadline.

  2. Work Exceeds Normal Work Hours and Normal Productivity

    3. The work must be extraordinarily demanding and time consuming, and of a nature that it significantly exceeds the normal workweek 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 workweek 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 or result.

  3. Work is Unavoidable

    4. The work must be of a nature that it cannot be postponed, redistributed, modified, reassigned or otherwise changed in any way to provide relief.

  4. Work involves Extremely Heavy Workload

    5. 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 not normally satisfy this requirement because time off can be arranged as compensation for this demand.

  5. No Other Compensation

    6. 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 CalHR, and CalHR’s decisions to deny arduous pay, shall not be subject to the grievance or arbitration provisions of this Agreement.

11.66.4 Department of Motor Vehicles (DMV) Call Center Differential (Unit 4)

Effective the first pay period upon ratification, in recognition of the increased complexity, level of skill/ knowledge required, changes in the technology, laws, and program requirements, the State agrees to pay a one hundred fifty dollar ($150) differential per pay period to the following DMV employees who perform at least fifty percent (50%) of their normal work duties in a call center.

This call center differential will apply only to the three (3) official call centers located in Sacramento, Fresno, and Riverside.

Motor Vehicle Representative Senior Motor Vehicle Technician

Part-time and intermittent employees performing the duties described above shall receive the differential on a pro rata basis.

11.67.4 Department of Transportation (Caltrans) Toll Collectors’ Night Shift (Unit 4)

Caltrans only: Toll Collectors’ Night Shift Differential

Caltrans will pay a night shift differential to Toll Collectors whose regularly scheduled shifts include at least three (3) hours on the night shifts as defined in section 11.8 (A) of the current Unit 4 MOU. In all other respects, the provisions in section 11.8 (A) and (B) will continue to apply to Caltrans Toll Collectors.

11.67.20 Alternate Range Criteria Counselor at State Special Schools (Unit 20)

The CDE will publish annually to the Counselors at the State Special Schools the alternate range criteria. The department will meet and confer with the Union when the department wants to change the criteria.

11.68.4 Health Benefit Exchange Call Center Differential (Unit 4)

Effective the first pay period upon ratification, the State agrees to pay a one hundred fifty dollar ($150) per month pay differential to Program Technician employees of the Health Benefit Exchange who perform at least fifty percent (50%) of their normal duties responding to inquiries from the public and/or customer client contacts from an automated call distribution system in the call center. This differential is in recognition of the increased complexities and level of skills/knowledge required due to the implementation of this new call

center. Less than full-time employees assigned to the above duties shall receive the differential on a pro rata basis, according to the employee’s reduced time base.

11.69.4 Department of Managed Health Care Call Center Differential (Unit 4)

The Department of Managed Health Care Call Center Differential (Pay Differential 411) will be increased from $100 per pay period to $150 per pay period. This increase will be effective with the November 2019 pay period (October 31, 2019).

11.71.1 California Department of Education Local Assistant Budget Development Pay Differential(Unit 1)

Effective the firstday of the pay period six (6) months following ratification by both parties, eligible employees shall receive the differential below.

The purpose of this Recruitment and Retention Differential for the California Department of Education (CDE) is to attract and retain qualified staff in the critical and legislatively mandated functions of developing the local assistance portion of the State budget for all early education and nutrition programs.

The pay differential shall apply only to thoseemployees in the classification below within CDE who are directly involved in the preparation of their respective local assistance cost and caseload estimates and estimate methodologies submitted as part of the Governor’s Budget May revision, final budget, and all subsequent budget actions.

Eligible Classifications

  1. Staff Services Analyst (5157)
  2. Associate Governmental Program Analyst (5393) Rate Criteria:
    1. Employees who are currently employed in eligible classifications performing the duties above shall receive 5% per pay period (Non-PERSable). Employees hired after July 1, 2023, shall be eligible the first day of the first full calendar month.
    2. Employees who are employed in eligible classifications, performing the duties above for 12 months shall receive 10% per pay period (5% PERSable and 5% Non-PERSable) after the completion of 12 qualifying pay periods.
    3. Employees who are employed in eligible classifications performing the duties above for 24 months shall receive 10% per pay period (PERSable) after the completion of 24 qualifying pay periods.

Compensation Terms:

  1. An employee in a classification receiving a differential under these criteria, who is then promoted to a higher classification (defined by California Code of Regulations 599.666), within the same

    2. location shall move by California Code of Regulations 599.676 from their base salary to compute the appointment rate. Only the maximum base salary rates for the classifications are to be used when determining salary relationships between classifications.

  2. If an employee is placed on a Training and Development assignment to a classification other than an eligible classification, they shall be entitled to a prorate share of the applicable differential and shall not be eligible for this differential during the duration of their training and development assignment.
  3. If an employee terminates, transfers out of an eligible classification, or is terminated, the pay differential shall be discontinued.
  4. If an employee transfers or promotes from one identified classification to another identified classification, the employee’s pay differential anniversary date shall not change.
  5. Leave due to FMLA, SDI, NDI, IDL, EIDL, or Military leave shall continue to receive this differential. The decision to provide this differential shall not be subject to the grievance and arbitration procedures.

11.72.1 California Department of Social Services (CDSS) Disability Determination Services Division (DDSD): Recruitment & Retention Differential (Unit 1)

Effective the first day of the pay period six (6) months following ratification by both parties, employees at the CDSS’ DDSD in the classes below who are performing duties outlined in the employee’s duty statement and employed for twelve (12) consecutive qualifying pay periods, shall be eligible for a recruitment and retention differential as identified, payable thirty (30) days following the completion of every twelve (12) consecutive qualifying pay periods.

For purposes of implementation of this section, those employees who have more than 12 consecutive pay periods as a Disability Evaluation Analyst I, II, or III, or Staff Services Analyst or Associate Governmental Program Analyst within DDSD shall be entitled to the bonus amount below. Thereafter, the employee’s eligibility shall be every 12 consecutive months following the initial payment of the bonus.

CLASSIFICATION AMOUNT

  1. Disability Evaluation Analyst I $2,000
  2. Disability Evaluation Analyst II$2,000
  3. Disability Evaluation Analyst III $3,000
  4. Staff Services Analyst$2,000
  5. Associate Governmental Program Analyst$3,000 ELIGIBILTY
    1. If an employee resigns, transfers out of an eligible class, or is discharged prior to completing the twelve (12) consecutive qualifying pay periods, there will be no pro rata payment for those months.
    2. If an employee promotes from one eligible classification to another eligible classification, the employee will be eligible for a pro rata share in accordance to the number of months in each eligible classification.
    3. Part-time and intermittent employees shall receive a pro rata share of the annual recruitment and retention differential based on the total number of hours worked excluding overtime during the twelve

      4. (12) consecutive qualifying pay periods.

    4. Annual recruitment and retention payments shall not be considered as compensation for purposes of retirement contributions.
    5. If an employee is placed on a Training and Development assignment to a classification other than an eligible classification, they shall be entitled to a pro rata share of the applicable differential and shall not be eligible for this differential during the duration of their training and development assignment.
    6. No employee shall be eligible for this bonus if they have not completed at least 12 consecutive qualifying pay periods.
    7. The employee must have satisfactory performance in the position and be in good standing with the branch, which shall be supported by approval of a yearly Merit Salary Adjustment (MSA) and/or satisfactory Performance Appraisal Summary (PAS). If an employee is no longer eligible for an MSA and there is no current PAS on file, the employee’s performance will be deemed satisfactory.
    8. This section shall not be grievable or arbitrable.

11.73.3 Porterville Developmental Center Pay Differential (Unit 3)

Effective the pay period following ratification by both parties, Bargaining Unit 3 classifications listed in the chart below that work at the Porterville Developmental Center will receive a pay differential of $500 per pay period. If an employee who is receiving a differential, transfers to a location where the differential in not authorized, the differential shall be discontinued. Part-time and intermittent employees shall receive a

prorated share of the differential based on a total number of hours worked within the monthly pay period. This pay differential shall not being considered compensation for CalPERS retirement.

Class Code

Classification

2277

Teacher State Hospitals (Severely Handicapped-Developmentally Disabled – Safety)

2334

Teacher State Hospitals (Speech Development & Correction)

2275

Teacher State Hospitals (Adult Education)

11.73.20 Department of Developmental Services (DDS), Porterville Developmental Center (PDC) – Support Services Assistant, Interpreter Pay Differential (Unit 20)

Effective the first day of the pay period following ratification by both parties,

Bargaining Unit 20 employees located at Porterville Developmental Center

(PDC) in the Support Services Assistant (Interpreter) (SSA Interpreter) (class code 9820) positions shall receive a pay differential of fifteen hundred dollars ($1500) per month. Part-time and intermittent employees shall receive a prorated share of the differential. This pay differential shall not be considered compensation for retirement purposes.

11.74.1 Incident Command Assignment Pay – CAL FIRE (Unit 1)

Effective the first day of the pay period following ratification by both parties, Bargaining Unit 1 Fair Labor Standards Act Exempt (WWG E) employees employed by the Department of Forestry and Fire (CAL FIRE) shall be eligible for Pay Differential 63 - INCIDENT COMMAND ASSIGNMENT (ICA) DIFFERENTIAL PAY.

Employees receiving this pay shall not be eligible for arduous pay, or any other similar pay differential that provides extra compensation by way of leave or cash.

The decision to provide this differential shall not be subject to the grievance and arbitration procedures.

11.75.20 Assistive Technology Specialist Pay Differential, Department of State Hospitals and Department of Veterans Affairs (Unit 20)

Effective the first day of the pay period following full ratification by both parties, Assistant Technology Specialist (class code 8264) at the Department of State Hospital, Napa and the Department of Veterans Affairs, Yountville Home shall receive a monthly differential of five percent (5%) of their regular salary.