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CSUEU/CSU Contract March 20, 2012 - June 30, 2014

This contract has expired. See the current contract.

article9


EMPLOYEE STATUS

Appointment

9.1 Campus position vacancies for CSUEU-represented classifications shall be posted for fourteen (14) days in the campus Human Resources Office and should be announced in the position vacancy announcement. The CSU shall post campus position vacancies on appropriate bulletin boards and may post on the campus electronic website. Campuses that maintain a telephone "job line" shall endeavor to continue such a service. Such announcements shall include the classification title, skill level, description of duties, desirable experience, minimum qualifications, (when applicable), salary range or sub-range applicable to a skill level, specialized skills (if any), and procedures to be followed by applicants applying for such vacancies. Other position vacancy notices received by the campus Human Resources Office shall be made available in the campus Human Resources Office.

9.2 At the discretion of the campus open positions may be posted only on the campus for campus applicants.

9.3 An employee who believes he/she is qualified for a vacant position at a CSU campus or the Chancellor's Office may apply for such position within the specified application period. Applications shall be submitted to the appropriate Human Resources Office. An employee may submit, along with an application, a statement regarding his/her experience and service within the CSU. Such a statement shall be a part of the employee's application. CSU documents regarding any meritorious service by the employee at the CSU may also be submitted by the employee with an application. It shall be the policy of the CSU in filling vacant bargaining unit positions to fill such vacancies from among qualified CSUEU-represented employees currently employed at a campus. This section does not apply to employees who have served in temporary emergency positions for ninety (90) days or less, as described in section 9.10. The President may appoint outside applicants when he/she determines such action is necessary to meet the best interest of the campus by obtaining specialized skills and abilities not available from current employees.

9.4 If an employee applicant is not selected for a position for which he/she interviewed, the employee shall be notified he/she was not selected.

9.5 An employee who submits an application for a position may be required to successfully complete job-related performance examination(s)/test(s) as part of the selection process. The results of such examination(s)/test(s) shall be deemed confidential and shall not become part of the employee's official personnel file. Such examination(s)/test(s) shall be based on essential job functions identified in the position description, including any specific, posted specialized skills, and shall be administered equitably to each applicant. Upon request, an employee shall be given the results of his/her examination(s)/test(s).

9.6 Appointments shall be made by the President. Appointments may be temporary, probationary or permanent. Appointments to vacant positions shall be made through official written notification by the President. Such notification shall be provided upon employment or as soon as possible thereafter. Notification shall include the classification title, skill level (when applicable), and timebase to which the employee is being appointed, the initial salary, the employment status of the employee, whether there is a probationary period and, if so, the length of the probationary period, and the effective date of the appointment. A temporary appointment shall specify the expiration date of the appointment and that the appointment may expire prior to that date. The temporary employee shall be given a minimum of fourteen (14) days notice if the appointment is to be terminated prior to the specified expiration date, unless circumstances prohibit giving such notice. A temporary appointment shall not exceed the time specified in Provision 9.52. No employee shall be deemed to be appointed in the absence of such official written notification from the President.

9.7 The President may make an initial appointment at any salary rate within the salary range or sub-range.

9.8 An employee who is appointed to a position at another campus and who begins that position within six (6) months of terminating employment from the first campus, shall transfer his/her accumulated sick leave. The transfer of retirement credit is pursuant to the regulations of CalPERS. When an employee accepts an appointment at another campus, the employee shall be cashed out of any earned vacation credits unless the employee requests and the new campus agrees, before the employee separates from the initial campus, to transfer all or a portion of the vacation credit to the new position.

Shift Change

9.9 When a department has a vacancy on a shift, current employees in the same classification in the same department on another shift shall be given first opportunity to request transfer to the shift with the vacancy. The decision to transfer the employee to the vacancy shall not be subject to Article 7, Grievance Procedure.

Emergency Appointment

9.10 Emergency temporary positions of one hundred eighty (180) days or less are not required to be posted. Emergency temporary appointments may not exceed one hundred eighty (180) days. On the ninety-first (91st) day of such an appointment, the employee shall be included in the bargaining unit.

Probation/Permanency

9.11 A probationary period is the period of credited service an employee who has received a probationary appointment shall serve prior to permanent status.

Probationary Period/Credited Service

9.12 The probationary period for an employee is one (1) year of service in a particular classification or skill level.

9.13 Part-time and full-time temporary service shall count as credited service for probation when granted by the President. Part-time employees must have a timebase of at least 0.5 in order to be considered probationary employees and qualify for permanent status.

9.14 A year of service for employees in twelve (12) month positions is any consecutive twelve (12) months of full-time employment. The period of probation for an employee in a half-time or more, but less than full-time, position is one year of service.

9.15 For employees serving in ten (10) month positions, a year of service is the equivalent of ten (10) months of full-time employment within a twelve (12) month period of time. The ten (10) months of required service for each twelve (12) month period shall be determined by the President upon appointment of the employee to a ten (10) month position.

9.16 A year of service for an employee in an academic year position is two (2) consecutive semesters or three (3) consecutive quarters of
employment within an academic year at a timebase of fifty percent (50%) or more.

Service in Work Training or Work Relief Programs

9.17 Persons who are appointed to positions that are fully or partially funded from sources other than the CSU and/or the funding is in support of a program of work relief or work training for the utilization of the unemployed or the underemployed or prisoner/work furlough program will not receive service credit toward permanent status while serving in such positions. The CSU shall notify the Union whenever such work will be performed on a campus.

Suspension of Service Credit

9.18 

a. When a probationary employee goes on a leave of absence, the time served before the leave is counted in determining the remaining length of probationary service. Upon return to work, the employee shall be notified when the probationary period will end.

b. An employee's probationary period is extended for the same number of days such employee is on paid sick leave or family medical leave of over thirty (30) days, parental leave, and for any day an employee is on Workers’ Compensation (WC), Industrial Disability Leave (IDL), Non-Industrial Disability Insurance (NDI), Military Leave or formal leave without pay (LWOP). The President shall determine if the employee’s probationary period should be extended when a full-time probationary employee is placed on a partial leave of absence.

c. Normally, a new probationary period shall be served when an employee begins an appointment at another campus. However, the employee may be appointed with permanent status or credit toward permanency as determined by the President of the campus to which the employee is appointed.

Change in Position

9.19 When a position is vacant, the employee selected for a position that requires movement to a new classification or skill level may serve a new probationary period.

9.20

a. If an employee is reclassified, the employee may be required to serve a new probationary period. The length of service required for such a new probationary period shall be determined by the President and shall not exceed one (1) year from the effective date of the reclassification.

b. A permanent employee in a position that is reclassified as a result of the implementation of a new classification or the revision of a current classification shall not be required to serve a new probationary period, provided the employee has completed probation in his/her current classification and there has been no substantial change in the employee's duties.

c. A probationary employee in a position that is reclassified as a result of the implementation of a new classification or the revision of a current classification shall have all probationary service in his/her prior classification credited toward probation in the new or revised classification, provided there has been no substantial change in the employee's duties.

9.21 An employee with permanent status in a lower classification or skill level who is advanced to a higher classification or skill level and is denied permanent status in the higher classification or skill level, shall have the right to return to the lower classification or skill level with permanent status in that class.

An employee in probationary status in a lower classification or skill level who is advanced to a higher classification or skill level and is denied permanent status in the higher classification or skill level shall be granted service credit toward completion of the probationary period in the lower classification or skill level provided the duties in the higher classification or skill level are substantially similar to the duties in the lower classification or skill level and the employee's performance in both classifications or skill levels has been satisfactory.

Classification Change

9.22 When an employee moves to a lower classification or skill level in the same classification series, the appropriate salary rate in the salary range or sub-range shall be determined by combining any previous service in the lower classification/skill level and service in the higher classification/skill level.

9.23 When an employee moves to a lower classification or skill level in another classification series, the appropriate salary rate in the salary range or sub-range shall be determined by the President, except that in no case shall the new rate exceed the rate received in the higher classification or skill level. Determination of the appropriate salary rate in such cases shall be made by using the same criteria as would be used for an initial appointment to that classification or skill level.

9.24 When an employee moves to a classification or skill level with a higher salary range or sub-range or sub-range maximum, the appropriate salary rate in the salary range or subrange shall be determined by the President. The salary rate in the higher salary range or sub-range shall be at least a five (5) percent increase. This provision does not apply to the implementation of a new classification structure when the original classifications are abolished and replaced with a new set of classifications and the employees are converted to the new classifications or skill levels.

In-Classification Progression

9.25 Movement from one skill level to a higher skill level within a classification is referred to as an in-classification progression. When an in-classification progression occurs, the appropriate salary rate in the applicable sub-range shall be determined by the President. The salary increase shall be at least five (5) percent.

Classification or In-Classification Progression Review

9.26 An employee may request a position classification review at any time during the year, subject to the limitation in provision 9.29. Employees in classifications with skill levels may request a skill level review related to an in-classification progression. All such requests are to be made to the immediate non-bargaining unit supervisor who shall forward the request to the campus Human Resources Office in a timely manner. If an administrator has not forwarded the request to Human Resources within thirty (30) days, the employee can file the request directly with Human Resources.

9.27 The classification, in-classification progression, and/or skill level review procedures shall be determined by the President. A copy of the classification or skill level review procedures shall be made available to the employee upon request and be posted on the campus website. A set of the Classification and Qualification Standards shall be available for reference on each campus.

9.28 The employee shall be notified in writing of the classification and/or skill level review decision and the reason(s) for the decision within thirty (30) days after the decision has been reached. If a higher classification or skill level is granted, normally the employee shall receive the appropriate compensation of the higher classification or skill level retroactive to no later than the first day of the pay period following the date the request for the classification review was received in the campus Human Resources Office.

Employee Requested Classification or In-Classification Progression Review

9.29 An employee-requested classification and/or skill level review shall be completed no later than one hundred eighty (180) days after initiation of the classification and/or skill level review procedure. An employee shall not submit such a subsequent request prior to twelve (12)months after completion of a previous classification review.

Classification and/or In-Classification Progression Appeal

9.30 An employee may appeal the decision of a classification and/or skill level review that was requested by either the employee or management no later than thirty (30)days after such results have been provided to the employee. Such an appeal shall be filed with the appropriate administrator in the Human Resources Office. Such an appeal shall include a detailed statement by the employee indicating his/her reasons for disagreement with the classification and/or skill level review decision. The employee shall provide a copy of such an appeal to the appropriate administrator to whom he/she directly reports.

9.31 A designated individual in the Human Resources Office shall hold a meeting with the employee no later than thirty (30) days after the classification and/or skill level review appeal filing. The designated individual should not be the same person who conducted the initial classification and/or skill level review. This individual shall respond in writing to the employee no later than thirty (30) days after the meeting with the employee. Such a response shall be final. If a higher classification or skill level is granted, normally the employee shall receive the appropriate compensation of the higher classification or skill level retroactive to no later than the first day of the pay period following the date the request for the classification review was received in the campus Human Resources Office. Upon request of an employee whose current classification is determined to be appropriate, the employee shall receive a report stating the primary reasons for the classification decision, but shall not have access to the working notes of the person conducting the classification review.

9.32 Provisions 9.26-9.31 shall not be subject to the grievance procedure, unless the grievant alleges the terms of this policy have been violated, misinterpreted, or misapplied. The classification and/or skill level decision shall not be subject to Article 7, Grievance Procedure.

Rejection During Probation

9.33 Any probationary employee may be separated from service at any time by the President upon written notice of rejection during probation. The employee should normally be given two (2) weeks notice of rejection during probation.

9.34 The notice of rejection shall indicate to an employee his/her right to review his/her personnel file and review materials in the file regarding rejection.

9.35 A full-time employee employed for more than six (6) months, or its equivalent for an employee in a half-time or more, but less than a full-time position, may utilize the provisions of Article 8, Complaint Procedure, beginning at Level II, to appeal the decision to reject during probation when alleging:

a. performance evaluation procedures required by the contract were not followed;

b. discrimination; or

c. arbitrary and capricious reasons for non-retention.

9.36 Appeals of the decision to reject during probation shall be filed at Level II of the Complaint Procedure within fourteen (14) days of the written notice of the rejection during probation. Said appeals may be filed by an eligible employee or the Union on his/her behalf, and signed by the rejected employee.

9.37 If the complaint is not resolved at Level II, the complaint shall be moved to Level III for Chancellor’s Office review.

9.38 By mutual agreement of the parties, the Level II meeting and response may be waived.

9.39 Unresolved Level III complaint appeals may be submitted to expedited binding mediation by filing a request to the Office of the Chancellor, with a copy filed with the Director of Human Resources at the rejected employee’s campus within ten (10) working days after the Level III response.

Expedited Binding Mediation

9.40 The authority of the mediator is limited to affirming or revoking the decision to release from probation.

9.41 The scheduling of the specific hearing date and time shall be by mutual agreement between the CSU, the CSUEU and the State Mediation and Conciliation Service (SMCS). The hearing shall take place at the campus of the rejected employee. The SMCS shall determine which of its mediators shall be assigned to hear cases on a particular hearing date.

9.42 Hearings shall be informal and the formal rules of evidence shall not apply. The mediator will determine which party, if any, is the moving party and has the burden of proof. The order of hearing shall be as follows:

a. Opening Statement by CSU

b. Opening Statement by CSUEU

c. Presentation of Circumstances of Rejection of Employee by CSU

d. Presentation of Allegation (per provision 9.35) by CSUEU

e. Rebuttal presentation by CSU

f. Closing Statement by CSUEU

g. Closing Statement by CSU

9.43 Witnesses may be called by the CSUEU or the CSU. Witnesses may testify in person or by telephone. Witnesses may be cross-examined by the other party. Relevant documents may also be admitted into evidence. There shall be no stenographic transcript or briefs. The record of the proceeding shall consist of the exhibits admitted into evidence and the notes or tape recording, if any, kept by the mediator.

9.44 Each party shall bear the expense of preparing and presenting its own case, including representative and witness fees, and expenses. Release time shall be authorized pursuant to the provisions of Article 8.

9.45 The SMCS mediator shall render a written decision in accordance with provisions 9.35 and 9.40 no later than fourteen (14) days following submission of the case. The campus, the Union representative and the rejected employee shall be noticed concurrently with a copy of the decision by the mediator. If the decision to reject during probation is revoked by the SMCS mediator, the rejected employee shall return to work as directed by the CSU within ten (10) days following the campus’ receipt of the mediator’s written decision. The notice to return to work from the campus shall be sent to the rejected employee via express mail to the last address provided to the campus. Upon the employee’s return to work, the employee shall be retroactively placed on leave without pay status for the period between the rejection during probation and the employee’s return to work and the employee shall resume probationary status for the remainder of the employee’s probationary period. No service credit toward completion of the probationary period shall be awarded for the period of time the employee was placed on leave without pay status.

9.46 The SMCS mediator shall not have the power to issue subpoenas or administer oaths. The SMCS mediator shall rule on the specific complaint pursuant to provision 9.35 concerning the decision to reject during probation and no other mater, including claims the CSU violated the Agreement. The SMCS mediator’s decision shall be subject to limitations specified in provisions 7.25 (a) through 7.25 (d). The decision of the SMCS mediator shall not be a precedent for another case or purpose.

9.47 Disputes concerning interpretation and application of this Expedited Binding Mediation procedure shall be resolved by the SMCS mediator.

9.48 The decision of the SMCS mediator shall be final and binding on the CSU, the employee and CSUEU. A decision of the SMCS mediator is subject to an action to confirm, vacate or correct in a court of competent jurisdiction in the same manner and on the same grounds as if the decision was made by an arbitrator under the parties’ Agreement.

9.49 An employee rejected during the probationary period may not utilize the Grievance Procedure of this Agreement to appeal the decision to reject during probation.

Permanent Status

9.50 An employee who has completed the appropriate probationary period as defined in Provision 9.12 shall be awarded permanent status at the beginning of his/her second year of service.

9.51 If an employee with permanent status moves to a different classification and receives permanent status in the new classification, he/she shall not retain permanent status in the classification from which he/she moved. If an employee with permanent status in a classification receives a temporary appointment in another classification and the temporary appointment expires, he/she shall have the right to return to his/her prior classification with permanent status in that class.

9.52 The President shall grant permanent status to a temporary employee subject to the following conditions:

a. The temporary employee shall have served in a Bargaining Unit Classification or classification series for at least four (4) consecutive years immediately prior to the granting of permanency.

b. Such employee service shall have been in an appointment with a timebase of at least fifty percent (50%).

c. A timebase shall not be reduced in the appointment immediately preceding the granting of permanency.

d. This provision does not apply to employees in positions which are funded by non-reoccurring grants, contracts or special projects with beginning and ending dates.

e. The employee shall become permanent at the conclusion of four (4) consecutive years. "Consecutive years" as used in this article shall be:

1) Four (4) consecutive annual appointments on a 12 month, 10 month, 10/12 or 11/12 pay plan, or

2) Four (4) years of continuous temporary appointments, in which there are no breaks in service /employment totaling more than ninety (90) days, within each year.

9.53 An intermittent employee who is paid an hourly rate based upon a monthly salary rate and who works full-time for twelve (12) consecutive months is deemed to have completed a year of service for purposes of permanent status.

9.54 The President may, at his/her sole discretion, grant permanent status to a temporary employee subject to the following conditions:

a. The temporary employee shall have served in bargaining unit classifications at the campus for at least two (2)consecutive years immediately prior to the granting of permanency.

b. Such employee service shall have been in appointments with a timebase of at least fifty percent (50%).

9.55 Such a permanent status shall include the right to continue employment at the timebase determined by the President at the time permanency is granted. The President may determine to grant such permanency at a timebase of fifty percent (50%) or more.