19.15.20 Overtime Mandatory Scheduling – California Department of Corrections and Rehabilitation and California Correctional Health Care Services CNAs (Unit 20)

The CDCR/CCHCS shall make every effort to reduce the amount of mandatory overtime and mandatory holdovers, distribute overtime fairly amongst employees of the same classification(s) and provide employees notice of possible or actual unanticipated overtime assignments at least ninety (90) minutes in advance.

CDCR Fire Camps shall be excluded from this section.

When the need arises to fill an overtime assignment and there are no names listed on the VOR, the supervisor shall attempt to fill through Permanent Intermittent Employees (PIEs), Retired Annuitants, and on duty full and part-time BU 20 CNAs. After these avenues have been exhausted, a BU 20 CNA may be mandated to work overtime.

  1. BU 20 CNAs shall be assigned mandatory overtime on a rotating basis by inverse seniority.
  2. Each facility shall establish and maintain an up-to-date list, by inverse seniority, of all full-time and part-time BU 20 CNAs. Staff shall only be assigned a mandatory slot once, until the entire list has been depleted. A current list shall either be emailed or placed in a shared drive folder accessible by all staff. The list shall updated daily. This process shall be fully implemented no later than six (6) months after ratification.

    3. The list shall include all eligible staff and date of last mandate within twelve (12) months after ratification.

    At the California Health Care Facility (CHCF), this process shall be fully implemented no later than twelve (12) months after ratification.

    These timelines would not prohibit the department from implementing these processes earlier than prescribed above, if they are able.

    1. For the purpose of mandatory overtime rotation, employees who are charged FMLA leave shall be considered to have met the employee’s overtime obligation.
  3. There shall be no mandatory overtime on a BU 20 CNA’s RDO or pre-approved day off, (for the purposes of this section, an employee’s RDO/ preapproved day off begins immediately after completion of the employee’s normal shift before the RDO/pre-approved day off) except:
    1. In an emergency situation such as a natural disaster; or
    2. During a state of emergency declared by the State or Federal Authorities; or
    3. During an emergency situation declared by a Warden, Superintendent, Executive Director, Chief Executive Officer or designee; or
    4. During a severe internal emergency (e.g., an incident which necessitates assistance from an outside agency or a health care crisis); or
    5. When the employees shift relief does not report for work or gave less than two (2) hours’ notice of intent not to report for work, an employee may be mandated if no volunteer is available.
  4. Management shall make every attempt not to schedule BU 20 CNAs:
    1. Work more than three (3) mandatory overtime shifts per month and implement reductions in accordance with section 19.38 and the Joint Labor Management Task Force; or
    2. In excess of sixteen (16) hours continuously; or
    3. In excess of two (2) overtime shifts within an employee’s scheduled work week; or
    4. More than two (2) consecutive calendar days; or
    5. On the same holidays in two (2) consecutive years. Holidays are defined as those listed in section 7.1.
  5. It is not the intent to mandate employees to work overtime in classifications other than the employee’s own. Consistent with the expressed intent, an employee may only be mandated to work in another classification when all other appropriate and possible staffing efforts have been exhausted and

    6. it is operationally necessary. This expressed intent, however, does not preclude employees from volunteering to work overtime in classifications other than the employee’s own.

  6. Upon request of an employee who has been on duty continuously for fifteen (15) or more hours, the employee shall have the option to:
    1. Take the next shift off on vacation, CTO, or holiday credit as staffing permits.
    2. Adjust the employee’s shift starting time to provide a ten (10) hour break between shifts.
    3. Take two (2) hours off without pay at the start of the next shift to provide a ten (10) hour break.
  7. A mandated holdover of two (2) hours or more is considered a mandated overtime.
  8. While on vacation, pre-approved absence, on a full work day absence due to sick leave*, Union leave, State release time, or any other authorized absence from the facility, BU 20 CNAs will not be considered for mandatory overtime. Upon return to work, the BU 20 CNA will return to the mandatory rotation in seniority order.

    9. *This includes instances where an employee was unable to complete the employee’s regular shift due to illness and has been approved to be released from duty to go home.