WAGES AND CLASSIFICATIONS. 16.1 Job classification and the rates of pay applicable thereto for the duration of this Agreement shall be set out in Schedule "A" of this Agreement, attached hereto, and forming part thereof. 16.2 An employee within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency. 16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation. 16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A. 16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period. 16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment. 16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours. 16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it. 16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job 42.01 The classification and wages for persons covered by the rates Collective Agreement shall, during the term of pay applicable thereto for the duration of this Agreement shall Agreement, be as set out in Schedule "AD" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within 42.02 Where a Child and Youth Worker II or III, who has a minimum of three (3) years continuous service in his/her current position wishes, for the bargaining unit temporarily doing purposes of career development and experience to apply for a Child and Youth Worker position which is classified one level lower, s/he may apply to the work Chief Human Resources Officer to have this position considered as a secondment for a maximum of a higher paid classification shall receive after a one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to year through which s/he will retain his/her previous positioncurrent salary.
(a) If a new job is established by the Employer, the wages paid Joint Job Evaluation Committee will evaluate the job. In circumstances where it is impossible for either party to convene the lower position Joint Job Evaluation Committee, or a rating cannot be agreed upon prior to the posting of a newly created job, the Employer will again applyset the initial wage rate. An employee temporarily transferred It is agreed that the newly created job will be reviewed by reason of emergency to a lower paid classificationthe Joint Job Evaluation Committee no later than three (3) months after the date that the new job is posted, will receive the hourly unless otherwise agreed. Any increase in rate of pay applicable resulting from such a review shall be retroactive to the job start date(s) of the employee(s) in the new position. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in Article 42.04 shall apply. At the request of either party, all newly created jobs shall be re-reviewed by the Joint Job Evaluation Committee within twelve (12) months of the start date of the new job. Any increase in rate of pay resulting from which he/she was transferredsuch a review shall be retroactive to the start of the new job. In the event that the rate of pay decreases, while employed any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in such lower paid classification during such emergencyArticle 42.04 shall apply.
16.3 An (b) Where the duties and responsibilities of an employee’s job are changed by the Employer in a substantive manner, so that a job is no longer properly classified and the rate should be changed, either the employee who has terminated shall receive his/her wages not or the Employer may request that the job be reviewed by the Joint Job Evaluation Committee. Any such request must be made within six (6) months of the changes to the duties and responsibilities being made by the Employer. The job will be reviewed by the Joint Job Evaluation Committee no later than three (3) months after the next scheduled payroll after termination request. It is understood that the cumulative effect of employmentsmall changes may result in change “in a substantive manner”. An employee who voluntarily leaves the employ Any increase in rate of the Corporation pay resulting from such a review shall receive the wages be retroactive to which he/she is entitled at the regular payday following the date he/she leaves that the employ request was made which resulted in a re- classification. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the Corporation.
16.4 All employees who have not received Step 7 parties are unable to agree upon the rate of their classification pay under a changed job as referred to above, the procedure set out in Article 42.04 shall apply with the appropriate changes. No job will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule reviewed under section (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40b) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.more than once every twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job 42.01 The classification and wages for persons covered by the rates Collective Agreement shall, during the term of pay applicable thereto for the duration of this Agreement shall Agreement, be as set out in Schedule "AD" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within 42.02 Where a Child and Youth Worker II or III, who has a minimum of three (3) years continuous service in his/her current position wishes, for the bargaining unit temporarily doing purposes of career development and experience to apply for a Child and Youth Worker position which is classified one level lower, s/he may apply to the work Director of Human Resources to have this position considered as a higher paid classification shall receive after secondment for a maximum of one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to year through which s/he will retain his/her previous positioncurrent salary.
(a) If a new job is established by the Employer, the wages paid Joint Job Evaluation Committee will evaluate the job. In circumstances where it is impossible for either party to convene the lower position Joint Job Evaluation Committee, or a rating cannot be agreed upon prior to the posting of a newly created job, the Employer will again applyset the initial wage rate. An employee temporarily transferred It is agreed that the newly created job will be reviewed by reason of emergency to a lower paid classificationthe Joint Job Evaluation Committee no later than three (3) months after the date that the new job is posted, will receive the hourly unless otherwise agreed. Any increase in rate of pay applicable resulting from such a review shall be retroactive to the job start date(s) of the employee(s) in the new position. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in Article 42.04 shall apply. At the request of either party, all newly created jobs shall be re-reviewed by the Joint Job Evaluation Committee within twelve (12) months of the start date of the new job. Any increase in rate of pay resulting from which he/she was transferredsuch a review shall be retroactive to the start of the new job. In the event that the rate of pay decreases, while employed any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in such lower paid classification during such emergencyArticle 42.04 shall apply.
16.3 An (b) Where the duties and responsibilities of an employee’s job are changed by the Employer in a substantive manner, so that a job is no longer properly classified and the rate should be changed, either the employee who has terminated shall receive his/her wages not or the Employer may request that the job be reviewed by the Joint Job Evaluation Committee. Any such request must be made within six (6) months of the changes to the duties and responsibilities being made by the Employer. The job will be reviewed by the Joint Job Evaluation Committee no later than three (3) months after the next scheduled payroll after termination request. It is understood that the cumulative effect of employmentsmall changes may result in change “in a substantive manner”. An employee who voluntarily leaves the employ Any increase in rate of the Corporation pay resulting from such a review shall receive the wages be retroactive to which he/she is entitled at the regular payday following the date he/she leaves that the employ request was made which resulted in a re- classification. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the Corporation.
16.4 All employees who have not received Step 7 parties are unable to agree upon the rate of their classification pay under a changed job as referred to above, the procedure set out in Article 42.04 shall apply with the appropriate changes. No job will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule reviewed under section (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40b) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.more than once every twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job 42.01 The classification and wages for persons covered by the rates Collective Agreement shall, during the term of pay applicable thereto for the duration of this Agreement shall Agreement, be as set out in Schedule "AD" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within 42.02 Where a Child and Youth Worker II or III, who has a minimum of three (3) years continuous service in his/her current position wishes, for the bargaining unit temporarily doing purposes of career development and experience to apply for a Child and Youth Worker position which is classified one level lower, s/he may apply to the work Director of Human Resources to have this position considered as a higher paid classification shall receive after secondment for a maximum of one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to year through which s/he will retain his/her previous positioncurrent salary.
(a) If a new job is established by the Employer, the wages paid Joint Job Evaluation Committee will evaluate the job. In circumstances where it is impossible for either party to convene the lower position Joint Job Evaluation Committee, or a rating cannot be agreed upon prior to the posting of a newly created job, the Employer will again applyset the initial wage rate. An employee temporarily transferred It is agreed that the newly created job will be reviewed by reason of emergency to a lower paid classificationthe Joint Job Evaluation Committee no later than three (3) months after the date that the new job is posted, will receive the hourly unless otherwise agreed. Any increase in rate of pay applicable resulting from such a review shall be retroactive to the job start date(s) of the employee(s) in the new position. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in Article 42.04 shall apply. At the request of either party, all newly created jobs shall be re- reviewed by the Joint Job Evaluation Committee within twelve (12) months of the start date of the new job. Any increase in rate of pay resulting from which he/she was transferredsuch a review shall be retroactive to the start of the new job. In the event that the rate of pay decreases, while employed any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in such lower paid classification during such emergencyArticle 42.04 shall apply.
16.3 An (b) Where the duties and responsibilities of an employee’s job are changed by the Employer in a substantive manner, so that a job is no longer properly classified and the rate should be changed, either the employee who has terminated shall receive his/her wages not or the Employer may request that the job be reviewed by the Joint Job Evaluation Committee. Any such request must be made within six (6) months of the changes to the duties and responsibilities being made by the Employer. The job will be reviewed by the Joint Job Evaluation Committee no later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.three
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job 42.01 The classification and wages for persons covered by the rates Collective Agreement shall, during the term of pay applicable thereto for the duration of this Agreement shall Agreement, be as set out in Schedule "AD" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within 42.02 Where a Child and Youth Worker II or III, who has a minimum of three (3) years continuous service in their current position wishes, for the bargaining unit temporarily doing purposes of career development and experience to apply for a Child and Youth Worker position which is classified one level lower, they may apply to the work Chief Human Resources Officer to have this position considered as a secondment for a maximum of a higher paid classification shall receive after a one (1) day periodyear through which they will retain
(a) If a new job is established by the Employer, the higher rate applicable Joint Job Evaluation Committee will evaluate the job. In circumstances where it is impossible for either party to such classificationconvene the Joint Job Evaluation Committee, and retroactively or a rating cannot be agreed upon prior to the first day. When such an employee is returned to his/her previous positionposting of a newly created job, the wages paid for Employer will set the lower position initial wage rate. It is agreed that the newly created job will again applybe reviewed by the Joint Job Evaluation Committee no later than three (3) months after the date that the new job is posted, unless otherwise agreed. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly Any increase in rate of pay applicable resulting from such a review shall be retroactive to the job start date(s) of the employee(s) in the new position. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in Article 42.04 shall apply. At the request of either party, all newly created jobs shall be re-reviewed by the Joint Job Evaluation Committee within twelve (12) months of the start date of the new job. Any increase in rate of pay resulting from which he/she was transferredsuch a review shall be retroactive to the start of the new job. In the event that the rate of pay decreases, while employed any decrease shall not apply to present incumbents. If the parties are unable to agree upon the rate of pay, the procedure set out in such lower paid classification during such emergencyArticle 42.04 shall apply.
16.3 An (b) Where the duties and responsibilities of an employee’s job are changed by the Employer in a substantive manner, so that a job is no longer properly classified and the rate should be changed, either the employee who has terminated shall receive his/her wages not or the Employer may request that the job be reviewed by the Joint Job Evaluation Committee. Any such request must be made within six (6) months of the changes to the duties and responsibilities being made by the Employer. The job will be reviewed by the Joint Job Evaluation Committee no later than three (3) months after the next scheduled payroll after termination request. It is understood that the cumulative effect of employmentsmall changes may result in change “in a substantive manner”. An employee who voluntarily leaves the employ Any increase in rate of the Corporation pay resulting from such a review shall receive the wages be retroactive to which he/she is entitled at the regular payday following the date he/she leaves that the employ request was made which resulted in a re- classification. In the event that the rate of pay decreases, any decrease shall not apply to present incumbents. If the Corporation.
16.4 All employees who have not received Step 7 parties are unable to agree upon the rate of their classification pay under a changed job as referred to above, the procedure set out in Article 42.04 shall apply with the appropriate changes. No job will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule reviewed under section (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40b) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.more than once every twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job
A. The job classification and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the rates State Bar will offer newly hired Employees starting salaries at the minimum of pay the applicable thereto salary ranges for the duration vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of this Agreement the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar employee returning to the State Bar into a position he or she previously held. The State Bar shall provide the Union with a monthly report listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above-described monthly reports of those hired at above the minimum shall be set out in Schedule "A" subject to the grievance process. No other aspect of this Agreement, attached hereto, and forming part thereofSection 22.B shall be subject to the grievance process.
16.2 An employee ▇. ▇▇ Employee who is employed in a newly created position, or who is employed in a position for which the job description has been materially changed and either believes that (a) the job description for his/her position no longer accurately reflect the duties and responsibilities of that position; or (b) an incorrect job classification and/or salary range has been assigned to his/her position may request review of those issues in the following manner:
1. A written request for review of the aforementioned issues must be submitted, along with all necessary supporting documentation, to the Chief Administrative Officer, or designee, within ninety (90) calendar days of initial employment, assignment of a job classification, or modification of the job description, whichever is applicable.
2. At the end of each quarter of each year, the Chief Administrative Officer shall review the requests made that quarter. Within thirty (30) days of the end of the quarter, the Chief Executive Officer shall either deny the requests or change the grade, classification and/or job description. If the Chief Administrative Officer fails to deny or grant the request within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one thirty (130) day period, the higher rate applicable request shall be deemed denied.
3. If the requests are not satisfactorily resolved by the above action, at the request of the Union, the requests shall be reviewed by a classification expert designated by the State Bar and the Union who shall review the request and either deny it or direct that the job description and/or classification of the Employee be modified. This decision shall be final and binding. The cost of the classification expert shall be borne equally by the State Bar and the Union.
4. The Union may represent Employees at any stage of the above procedure and initiate requests on its own. The above procedure is the exclusive procedure to such classification, and retroactively address these issues. The decisions made shall not be subject to the first daygrievance procedure.
5. When such Employees shall work as directed by the State Bar during the pendency of the review procedure set forth in Subsection B. Any change in an employee is returned to his/her previous positionEmployee’s wages resulting from a request hereunder, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable shall be retroactive to the job from which he/she date the request was transferred, while employed in such lower paid classification during such emergencyfiled.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation D. Employees shall receive the wages following salary adjustments:
1. Following ratification by the Union membership and the State Bar’s Board of Trustees of the 2018-2019 Memorandum of Understanding, all Employees shall receive, retroactive to which he/she is entitled January 1, 2018, a salary increase of at least 3.6% over their salary as of the last period of 2017. This salary increase may consist in whole or in part of increases Employees may receive for moving up to the minimum of the new salary ranges associated with Employees’ new job allocations. Employees who experience less than a 3.6% increase for moving up to the new salary minimums, shall receive a further salary adjustment to bring them up to a total salary increase of 3.6%.
2. In January 2020 all Employees will receive a lump sum cost of living adjustment equal to 3.5% (“2019 COLA”). The 2019 COLA payment will be based on the total salary earned by employees in the 2019 calendar year, including income received from the use of accrued vacation leave and sick leave, overtime pay and merit adjustments. Any income received by employees from the California State Disability Insurance (“SDI”) program, long-term disability payments, catastrophic leave bank donations, or bonus payments will not be subject to the 2019 COLA. At the time of the payment of the 2019 COLA, the State Bar will also make a one-time interest payment on the employee’s individual 2019 COLA payment at the regular payday following “Federal Fund” rate set by the date he/she leaves the employ of the Corporation.
16.4 U.S. Federal Reserve in effect on January 1, 2020. All employees who have not received Step 7 worked at the State Bar for any portion of their classification 2019 will be eligible for a one step merit increase annually entitled to the lump sum COLA payment and the one-time interest payment. Beginning in accordance with Appendix
A. In JanuaryJanuary 1, 2020, the Manager annual salaries of Human Resources all employees will prepare be adjusted upward by a list of percentage equal to the 2019 COLA. The Union and the State Bar commit to working in good faith and to the extent reasonably possible to achieve in the bill authorizing the State Bar’s 2020 licensing fees, an increase in the individual licensing fees assessed on California attorneys that is both meaningful and sustainable and that ensures that the State Bar will be able to carry out its public protection mission and appropriately invest in its workforce.
3. The State Bar will grant employees to receive regular merit salary increases along with changes in their classification prior to February 1stfor satisfactory performance. To effectuate this, for approval by the President & CEO. Merit increases will become effective on Employee anniversary dates in 2018 and after, and assuming a “Meets Requirements” or better overall performance rating on performance evaluations, Employees shall be granted a 5% increase to their salaries.
E. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
F. Except as set forth in Section 20.G below, in no event shall an Employee receive a salary, salary increase, lump sum or bonus in excess of the maximum of the salary range for the job classification in which he or she is employed.
G. Employees may receive wages in excess of the maximum of the salary range for their position in the following Monday instances:
1. Any Employee who has, based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in last pay period of 2017, a salary that exceeds the Wage Schedule new salary maximum of his or her job classification shall maintain his or her prior and higher salary. This shall be automatic referred to as “red- circling.” A red-circled Employee shall receive no future salary adjustment unless the Subsections 22.G.2 or 22.G.3 or 22.G.4 apply.
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but his or her red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the end time of the probationary periodpromotion.
16.6 The position of Subforeperson will be filled as Management determines the need 3. Every Employee who expressly has and promotion to this position will take place routinely exercises supervisory authority over subordinate employees shall earn at time of appointmentleast a 5% wage differential over his or her highest paid subordinate employee. This standard applies even when a supervising Employee is red-circled.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Memorandum of Understanding
WAGES AND CLASSIFICATIONS. 16.1 Job classification 24.01 Schedule "A" attached hereto and headed "Wages and Classifications" is hereby made a part of this Agreement.
(a) Effective May 1, 1991, a Cost of Living Allowance of $0.01 cent per hour will be paid for each 0.40 rise in the rates Consumer Price Index (1971=100) using April/1991 as a base month to a maximum of pay applicable thereto $0.50 per hour for the duration life of this Agreement agreement. Adjustments will be made quarterly, with the first adjustment on the first day following issuance of the C.P.I.
(b) The allowance shall be paid weekly on actual hours worked and shall not be considered for the purpose of calculation of overtime, holiday pay, vacation pay, payments made pursuant to medical plans, or any other premiums or other types of payments provided for in the Collective Agreement.
(c) The allowance payments will not be folded into the base rates during the term of the Collective Agreement.
(d) Any decrease in the allowance shall only reduce the net accumulated ▇▇- ▇▇▇▇▇▇▇ and shall not in any way affect base rates.
24.03 If, during the term of the Agreement, the Company establishes a job classifi- cation(s) other than that set out in Schedule "A" of this Agreement, attached hereto, then the rate for such a classification shall be set, bearing in mind the other classifications and forming part thereofrates. If the parties do not agree on the rate within fifteen (15) days of it being set, the is- sue of the appropriateness of the rate may be settled as per the provisions of Article 7.
16.2 An employee within the bargaining unit temporarily doing the work of a higher paid classification 24.04 Employees who have passed their probationary period who are employed in classifications designated "Maintenance" shall receive after an annual tool allowance of one hundred and fifty ($150) dollars and the Company shall designate a one (1) day period, the higher rate applicable to such classification, and retroactively to the first dayminimum required tool list. When such If an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which Company within 30 days of receiving said payment, he/she is entitled at shall be required to reimburse the regular payday following the date he/she Company in full. If an employee leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 Company within three (3) months of their classification will be eligible for a receiving the one step merit increase annually in accordance hundred and fifty ($150) dollars, he shall reimburse the Company with Appendix
A. In Januaryseventy-five dollars and fifty cents ($75.50), this being an agreed to deduction on leaving the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end employ of the probationary periodCompany.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job classification
A. The job classifications and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the rates State Bar will offer newly hired Employees starting salaries at the minimum of pay the applicable thereto salary ranges for the duration vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of this Agreement the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar employee returning to the State Bar into a position he or she previously held. The State Bar shall provide the Union with a monthly report listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above-described monthly reports of those hired at above the minimum shall be set out in Schedule "A" subject to the grievance process. No other aspect of this Agreement, attached hereto, and forming part thereofSection 22.B shall be subject to the grievance process.
16.2 An employee ▇. ▇▇ Employee who is employed in a newly created position, or who is employed in a position for which the job description has been materially changed and either believes that (a) the job description for his/her position no longer accurately reflect the duties and responsibilities of that position; or (b) an incorrect job classification and/or salary range has been assigned to his/her position may request review of those issues in the following manner:
1. A written request for review of the aforementioned issues must be submitted, along with all necessary supporting documentation, to the Chief Administrative Officer, or designee, within ninety (90) calendar days of initial employment, assignment of an incorrect job classification, or modification of the job description, whichever is applicable.
2. At the end of each quarter of each year, the Chief Administrative Officer shall review the requests made that quarter. Within thirty (30) days of the end of the quarter, the Chief Administrative Officer shall either deny the requests or change the job classification and/or job description. If the Chief Administrative Officer fails to deny or grant the request within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one thirty (130) day period, the higher rate applicable request shall be deemed denied.
3. If the requests are not satisfactorily resolved by the above action, at the request of the Union, the requests shall be reviewed by a classification expert designated by the State Bar and the Union who shall review the request and either deny it or direct that the job description and/or classification of the Employee be modified. This decision shall be final and binding. The cost of the classification expert shall be borne equally by the State Bar and the Union.
4. The Union may represent Employees at any stage of the above procedure and initiate requests on its own. The above procedure is the exclusive procedure to such classification, and retroactively address these issues. The decisions made shall not be subject to the first daygrievance procedure.
5. When such Employees shall work as directed by the State Bar during the pendency of the review procedure set forth in Subsection B. Any change in an employee is returned to his/her previous positionEmployee’s wages resulting from a request hereunder, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable shall be retroactive to the job from which he/she date the request was transferred, while employed in such lower paid classification during such emergencyfiled.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation D. Employees shall receive the wages following salary adjustments:
1. Following ratification by the Union membership and the State Bar’s Board of Trustees of the 2018-2019 Memorandum of Understanding, all Employees shall receive, retroactive to which he/she is entitled January 1, 2018, a salary increase of at least 3.6% over their salary as of the last period of 2017. This salary increase may consist in whole or in part of increases Employees may receive for moving up to the minimum of the new salary ranges associated with Employees’ new job allocations. Employees who experience less than a 3.6% increase for moving up to the new salary minimums, shall receive a further salary adjustment to bring them up to a total salary increase of 3.6%.
2. In January 2020 all Employees will receive a lump sum cost of living adjustment equal to 3.5% (“2019 COLA”). The 2019 COLA payment will be based on the total salary earned by employees in the 2019 calendar year, including income received from the use of accrued vacation leave and sick leave, overtime pay and merit adjustments. Any income received by employees from the California State Disability Insurance (“SDI”) program, long-term disability payments, catastrophic leave bank donations, or bonus payments will not be subject to the 2019 COLA. At the time of the payment of the 2019 COLA, the State Bar will also make a one-time interest payment on the employee’s individual 2019 COLA payment at the regular payday following “Federal Fund” rate set by the date he/she leaves the employ of the Corporation.
16.4 U.S. Federal Reserve in effect on January 1, 2020. All employees who have not received Step 7 worked at the State Bar for any portion of their classification 2019 will be eligible for a one step merit increase annually in accordance with Appendix
A. In Januaryentitled to the lump sum COLA payment and the one-time interest payment. Beginning on January 1, 2020, the Manager annual salaries of Human Resources all employees will prepare be adjusted upward by a list of percentage equal to the 2019 COLA. The Union and the State Bar commit to working in good faith and to the extent reasonably possible to achieve in the bill authorizing the State Bar’s 2020 licensing fees, an increase in the individual licensing fees assessed on California attorneys that is both meaningful and sustainable and that ensures that the State Bar will be able to carry out its public protection mission and appropriately invest in its workforce.
3. The State Bar will grant employees to receive regular merit salary increases along with changes in their classification prior to February 1stfor satisfactory performance. To effectuate this, for approval by the President & CEO. Merit increases will become effective on Employee anniversary dates in 2018 and after, and assuming a “Meets Requirements” or better overall performance rating on performance evaluations, Employees shall be granted a 5% increase to their salaries.
E. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
F. Except as set forth in Section 20.G, below, in no event shall an Employee receive a salary, salary increase, lump sum, or bonus in excess of the maximum of the salary range for the job classification in which he or she is employed.
G. Employees may receive wages in excess of the maximum of the salary range for their position in the following Monday instances:
1. Any Employee who has, based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in last pay period of 2017, a salary that exceeds the Wage Schedule new salary maximum of his or her job classification shall maintain his or her prior and higher salary. This shall be automatic referred to as “red- circling.” A red-circled Employee shall receive no future salary adjustment unless Subsections 22.G.2 or 22.G.3 or 22.G.4 apply.
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but his or her red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the end time of the probationary periodpromotion.
16.6 The position of Subforeperson will be filled as Management determines the need 3. Every Employee who expressly has and promotion to this position will take place routinely exercises supervisory authority over subordinate employees shall earn at time of appointmentleast a 5% wage differential over his or her highest paid subordinate employee. This standard applies even when a supervising Employee is red-circled.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
WAGES AND CLASSIFICATIONS. 16.1 Job 42.01 The classification and wages for persons covered by the rates Collective Agreement shall, during the term of pay applicable thereto for the duration of this Agreement shall Agreement, be as set out in Schedule "AD" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within 42.02 Where a Child and Youth Worker II or III, who has a minimum of three (3) years continuous service in his/her current position wishes, for the bargaining unit temporarily doing purposes of career development and experience to apply for a Child and Youth Worker position which is classified one level lower, s/he may apply to the work Director of Human Resources to have this position considered as a higher paid classification shall receive after secondment for a maximum of one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to year through which s/he will retain his/her previous positioncurrent salary.
42.03 If a new occupational classification is established by the Society, it shall determine the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable for such new occupational classification and promptly notify the Union of the same. If the Union challenges the rate, it shall have the right to request a meeting with the Society to endeavour to negotiate a mutually satisfactory rate. Such request will be made within twenty-one (21) days after receipt of notice from the Society of such new occupational classification and rate, and the meeting will be held within ten (10) days of receipt by the Society of the Union's request. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Society.
(a) Where during the term of the Agreement the duties and responsibilities of an employee’s classification are changed by the Society in a substantive manner, so that his/her job is no longer properly classified and their rate should be changed, the employee may request a meeting with the Society to discuss the claimed change and the union will endeavour to negotiate a mutually satisfactory rate. Any such request must be made within twenty-one (21) days of the changes to the duties and responsibilities being made by the Society and the meeting will be held within ten (10) days of the receipt of the employee's request by the Society. Any changes mutually agreed to, resulting from such meeting, shall be retroactive to the date of the changes to the duties and responsibilities of the classification. If the parties are unable to agree upon the rate of pay under a changed classification as referred to above, the procedure set out in Article 42.04 shall apply with the appropriate changes.
42.04 If the parties are unable to agree to the rate of pay for the new occupational classification, the Union may file a policy grievance with respect to the dispute. The Arbitration Board will determine the new rate solely by reference to the job from content of the jobs in the seniority group in which he/she was transferredthe new position has been established. The rate for the new job must conform to the existing wage level and range structure. In order to maintain the integrity and the internal equity of the wage classification system, while employed in such lower paid the Board of Arbitration will be limited to an analysis of the system. External wage and job classification during such emergencydata will not be received or considered by the Board.
16.3 An employee who has terminated shall receive his/her wages not later than 42.05 The Society agrees that should the next scheduled payroll after termination Ministry of employmentChildren and Youth Services provide additional funding which is specifically designated to increase salaries, the Society will first meet with the Union to discuss the increases. An employee who voluntarily leaves The Society will increase the employ salaries as designated on the first pay period following written confirmation from the Ministry of Children and Youth Services of the Corporation shall receive funds to be provided to the wages Children's Aid Society of Toronto to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporationincrease specific salaries.
16.4 All 42.06 The Society will implement the adjustment of salaries one step on the same pay level for employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually after hire obtain relevant degree, effective the first full pay period in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary periodJanuary 2003.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job A. The job classifications and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the State Bar will offer newly hired Employees starting salaries at the minimum of the applicable salary ranges for the vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar Employee returning to the State Bar into a position they previously held. The State Bar shall provide the Union with a monthly statement listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. If the hire above minimum salary is based on advanced education, the statement shall specify the school, the type of degree, and the rates of pay applicable thereto minimum education level (for the duration job description hired into). If the hire above minimum salary is based on years of experience, the statement shall specify the number of years of experience above the minimum required for the job description and the nature of that work experience. If the circumstances are based on licensure/certification or special skills, the statement shall specify the type of license or special skill. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above- described monthly reports of those hired at above the minimum shall be subject to the grievance process. No other aspect of Section 22.B shall be subject to the grievance process.
C. Employees are working "out-of-class" when they spend a majority (i.e., more than fifty percent [50%]) of their time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification that do not overlap with the job classifications said Employees hold. Training and Development assignments are not deemed out-of-class work. For purposes of this Agreement section, a job classification is at a "higher level” if its salary range has a higher maximum salary than the salary range of the classification said Employee holds.
1. When Employees are assigned out-of-class work, they shall be set out paid a pay differential for out-of-class work equal to the minimum salary of in Schedule "A" the salary range of this Agreementthat higher level position, attached heretoor five percent (5%) in excess of their current State Bar salary, and forming part thereofwhichever is greater.
16.2 An employee within 2. Out-of-class work may be discontinued by Offices at any time; however, Offices may not rotate Employees in and out of out-of-class assignments to avoid payment of out-of-class compensation.
3. No position covered by this Memorandum of Understanding shall remain unposted for more than sixty (60) days while filled on an acting basis. In no event shall the bargaining unit temporarily doing position continue to be filled on an acting basis for more than six (6) months. In the event that the State Bar and Union disagree on whether Employees are performing out-of-class work, these time periods regarding posting of positions or the filling of positions on an acting basis shall run from the date the State Bar and the Union agree, during the grievance process, that the out-of-class work is being performed or from the date of an arbitral award finding that out-of-class work occurred. The time period regarding the posting of positions or the filling of positions shall not apply when out-of-class work is being performed due to a leave of absence of Employees holding higher level job classifications.
4. Out-of-class pay shall not be considered as part of an Employees' base pay when computing the rate due upon promotion to a higher paid classification level, as set forth in Section 22.J, below.
5. Employees who believe they are working out-of-class without additional compensation may file a grievance.
6. The only remedy that shall receive after a be available is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) day periodyear calendar period before the Employee's grievance was filed; and (b) the time between when the grievance was filed and finally resolved by either an informal agreement or under the grievance process. Thus, Arbitrators may only have the authority to determine whether grievants are working out-of-class and if so, the amount of out-of-class compensation they are owed. Arbitrators shall have no authority to order reclassification of grievants’ positions or discontinuance of out-of- class work assignments.
7. This Subsection shall not apply to Employees assigned to work or who perform work in job classifications that have a maximum salary to its salary range that is lower than said Employees’ official job classification.
D. Employees shall receive the following salary adjustments:
1. On January 1, 2023, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 5%. All salary ranges adjusted by this 5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B-1. Beginning January 1, 2023, all Employees shall receive 5% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range. Employees whose salaries exceed the maximum of the adjusted range shall receive a lump sum payment equivalent to 2.5% of their annual salary in January 2023.
2. On January 1, 2024, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2.5%. All salary ranges adjusted by this 2.5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B-2. Beginning January 1, 2024, all Employees shall receive 2.5% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
3. On January 1, 2025, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2.5%. All salary ranges adjusted by this 2.5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B-3. Beginning January 1, 2025, all Employees shall receive 2.5% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
4. The State Bar will grant Employees regular merit salary increases for satisfactory performance. To effectuate this, effective on Employee anniversary dates in 2023, 2024, and 2025, and assuming a “Meets Requirements” or better overall performance rating on annual performance evaluations, Employees shall be granted a 5% increase to their salaries, except that any such increase shall be capped if it would cause the Employee’s salary to exceed the maximum of their job classification’s salary range.
E. In addition to the salary adjustments referenced in Section D, on January 1, 2023, the following classification and salary adjustments shall be made:
1. The State Bar will create a new Program Specialist classification series comprised of three classifications: Program Specialist I, Program Specialist II, and Program Specialist III. The salary range for the Program Specialist I classification shall be equivalent to the existing Administrative Assistant I classification after factoring in the adjustments provided for in Section 22(D). The salary range for the Program Specialist II classification shall be equivalent to the existing Administrative Assistant II classification after factoring in the adjustments provided for in Section 22(D). The salary range for the Program Specialist III classification shall be equivalent to the existing Program Specialist classification after factoring in the adjustments provided for in Section 22(D).
2. All incumbents in Office Assistant II, Program Assistant II, and Administrative Assistant I positions shall be converted to Program Specialist I positions. If an incumbent’s current salary is lower than the new Program Specialist I minimum, they shall receive the minimum of the new Program Specialist I salary range.
3. All incumbents in Program Assistant III and Administrative Assistant II positions, excluding any red-circled incumbents in Administrative Assistant II positions, shall be converted to Program Specialist II positions. If an incumbent’s current salary is lower than the new Program Specialist II minimum, they shall receive the minimum of the new Program Specialist II salary range.
4. All incumbents in Senior Administrative Assistant positions and existing Program Specialist positions, as well as any red-circled incumbents in Administrative Assistant II positions, shall be converted to Program Specialist III positions. If an incumbent’s current salary is lower than the new Program Specialist III minimum, they shall receive the minimum of the new Program Specialist III salary range.
5. In 2023, the State Bar shall provide at least one Program Specialist III Training and Development (T&D) opportunity to an incumbent in the existing Administrative Assistant II classification.
6. All incumbents in Administrative Supervisor positions shall be converted to Program Supervisor positions. If an incumbent’s current salary is lower than the new Program Supervisor minimum, they shall receive the minimum of the new Program Supervisor salary range.
7. The Public Service Representative I classification shall be retitled to “Public Trust Representative I” and all incumbents in Public Service Representative I positions shall be converted to Public Trust Representative I positions. The salary range minimum and maximum for Public Trust Representative I shall be adjusted upward by 29% from the Public Service Representative I classification. All incumbents in Public Service Representative I positions shall receive a one-time salary adjustment of 29%, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
8. The Public Service Representative II classification shall be retitled to “Public Trust Representative II” and all incumbents in Public Service Representative II positions shall be converted to Public Trust Representative II positions. The salary range minimum and maximum for Public Trust Representative II shall be adjusted upward by 29% from the Public Service Representative II classification. All incumbents in Public Service Representative II positions shall receive a one-time salary adjustment of 29%, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
9. The Public Service Representative III classification shall be retitled to “Public Trust Representative III” and all incumbents in Public Service Representative III positions shall be converted to Public Trust Representative III positions. The salary range minimum and maximum for Public Trust Representative III shall be adjusted upward by 23% from the Public Service Representative III classification. All incumbents in Public Service Representative II positions shall receive a one-time salary adjustment of 23%, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
10. The State Bar shall create a new Senior Paralegal classification. The salary range minimum and maximum for Senior Paralegals shall be 15% higher rate applicable than the salary range minimum and maximum of the Paralegal salary range.
11. The Court Specialist classification shall be retitled “Court Clerk” and all incumbents in the Court Specialist positions shall be converted to such Court Clerk positions.
12. The salary range minimum and maximum for Clinical Rehabilitation Coordinators shall be adjusted upward to be made equivalent to the Program Analyst salary range.
13. The Clinical Rehabilitation Coordinator classification will be retitled “Clinical Monitoring Analyst.” The Position Description for the Clinical Monitoring Analyst classification will include a minimum qualification of having a professional mental health license that allows the licensee to assess and diagnose participants, including but not limited to the following:
a. Licensed Clinical Social Worker
b. Licensed Marriage and Family Therapist
c. Licensed Professional Clinical Counselor
d. Licensed Psychologist
14. The salary range minimum and maximum for Probation Case Specialists shall be adjusted upward to be made equivalent to the Program Coordinator salary range. Incumbent Probation Case Specialists shall also receive a 2.5% salary adjustment.
15. The Probation Case Specialist classification shall be retitled “Probation Case Coordinator.”
F. The State Bar shall discontinue the use of the following classifications: Office Assistant I, Office Assistant II, Office Assistant III, Program Assistant I, Program Assistant II, Program Assistant III, Administrative Assistant I, Administrative Assistant II, Senior Administrative Assistant, Administrative Supervisor, Public Service Representative I, Public Service Representative II, Public Service Representative III, Probation Case Specialist, Clinical Rehabilitation Coordinator, and Court Specialist.
G. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
H. Except as set forth in Section 20.I, below, in no event shall an Employee receive a salary, salary increase, lump sum, or bonus in excess of the maximum of the salary range for the job classification in which they are employed.
I. Employees may receive wages in excess of the maximum of the salary range for their position in the following instances:
1. Any Employee who has a salary that exceeds the current maximum salary of their job classification, due to terms of prior Memoranda of Understanding or prior applications of Subsections 22.I.2 or 22.I.3, are considered “red-circled.” A red- circled Employee shall receive no future salary adjustment unless Subsections 22.I.2 or 22.I.3 apply.
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but their red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the time of the promotion.
3. Every Employee who expressly has and retroactively routinely exercises supervisory authority over subordinate Employees shall earn at least a 5% wage differential over their highest paid subordinate Employee. This standard applies even when a supervising Employee is red-circled.
J. Each Employee shall receive an annual written performance evaluation from their first level manager on or about the anniversary date of their employment in their current position. Only performance issues within the given evaluation period may be mentioned in the performance evaluation. An overall rating of “Exceeds Requirements” shall be available to Employees who exceed requirements.
▇. ▇▇ Employee who transfers or is promoted to another job classification shall receive an interim performance evaluation from their former first level manager on or about the first dayeffective date of their promotion or transfer. When such On transfers, the interim performance evaluation will not result in any pay increase or change in anniversary date.
L. An Employee who is promoted to a position in a job classification with a salary range that is at least 5% higher than their prior position, shall receive a salary increase of not less than five percent (5%). If an employee Employee is returned promoted to his/her previous a position that has a salary range that is less than five percent (5%) higher than their prior position, the wages paid Employee shall be placed within the salary range for the lower their new position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable proportionally equivalent to the job from which he/she Employee’s placement within the salary range of their prior position. For example, if this Employee was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.m
Appears in 1 contract
Sources: Memorandum of Understanding
WAGES AND CLASSIFICATIONS. 16.1 Job The job classification will remain the same as on the standard contract but the new hourly rate will be calculated as stated below: BRACKET RATE + Scheduled overtime allowance + Average shift allowance = Combined rate. The Company and Union agree that all other provisions of the Collective Agreement remain in full force and effect. Dated at West Hill, This Day of FOR THE COMPANY FOR THE UNION The Company and the rates of pay Union agree to the following understanding, applicable thereto for the duration of this Agreement shall be set out in Schedule only to Maintenance "A" Mechanics, hereinafter known as Maintenance "A". The Company will recognize advanced skills in certain trades with a PREMIUM over the rate of this Agreement, attached heretoMaintenance "A", and forming part thereof.
16.2 An employee within the bargaining unit temporarily doing the work of not with a higher paid new classification shall receive after a one (1) day periodand wage rate. Thus, the higher rate applicable to such classification, and retroactively to Company's recognition shall take the first day. When such form of an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later "Advanced Status" rather than the next scheduled payroll after termination of employmentany additional "classifications". An employee who voluntarily leaves the employ attains this status will be considered to have received a promotion and NOT been awarded a bid job. Openings will NOT be posted, as for "permanent vacancies" per Article 7.04 of the Corporation our contract. However, Maintenance "A's" may apply any time they consider that they have attained suitable advanced qualifications. A Maintenance "A" seeking "Advanced Status" shall receive the wages to which he/she proceed as follows:
(A) Determine from his supervisor whether his trade is entitled at the regular payday following the date he/she leaves the employ of the Corporationacceptable.
16.4 All employees who have not received Step 7 of their classification (B) If affirmative, determine whether his qualifications are acceptable.
(C) For this, he must fill out an appropriate application form, presenting all his qualifications and credentials, (with proof). (These credentials, plus the employee's demonstrated abilities in his trade, will be eligible the determining factors.) The Company alone will rule on acceptability of trades and of applicants' qualifications and such rulings will not be subject to the grievance procedure of our collective agreement. To be accepted, trades must be clearly beneficial to Company operation. The following trades would be considered: - electrical - electrical and electronic - advanced plant maintenance or millwrighting - Machinist - instrumentation mechanics - air conditioning mechanics - automotive mechanics ("A" level) - die (system) mechanics or tool and die making. It is the Company's exclusive right to limit the number of "Advanced Status" holders in any category and to eliminate a given category if it deems fit. It is the Company's exclusive right to establish and/or modify trades qualifications and requirements when and as it deems fit. General requirements for a one step merit increase annually in accordance with Appendix"Advanced Status" are given below:
A. In January, the Manager 1. - Pre-requisites - position of Human Resources will prepare a list Maintenance "A" - completion of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 (A) Completion of an approved apprenticeship program such as offered under The position Apprenticeship and Tradesmen's Qualification Act (Province of Subforeperson will be filled as Management determines Ontario); City & Guilds (U.K.), or the need and promotion to this position will take place at time of appointmentequivalent.
16.7 Any employee being transferred on (B) Completion of an extensive number of courses of study in a temporary basis given trade, so as to qualify that individual to a monthly schedule shall work the hours level comparable to that of the monthly schedule a qualified journeyman. Completion of NO LESS than one year (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40full time) hoursof practical experience at his trade.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job classification Schedules A, and D attached hereto are hereby made a part of this agreement. Where any new classifications are created during the life of this agreement, the applicable rate will be discussed with the Union. An employee injured on the job and requiring medical attention by a doctor shall be paid for the balance of his shift in which the injury occurred. If the use of an ambulance is determined to be necessary by the Health Center, the Company agrees to pay the difference between the actual cost and the rates amount paid by Vacancies as determined by the Company which last for fifty-five (55) working days or longer, including Lead Hand, will be posted as permanent when they recur each year (this is not applicable for replacement for approved and absences due to illness), except vacancies in Group One shall be posted on the bulletin board for a period of three (3) working days. Vacancies created by the application of Article (Layoff and Recall) of this agreement shall not be posted. Copies of job bulletins will be provided to the Plant Chairperson. Only regular employees will be permitted to make application for any vacancies. will specify the shift of the vacancy. The Company shall within seven (7) working days after the posting has been taken down, notify the successful applicant who shall be placed on the job not later than one week following such notification. If the employee is not placed on the job within that period, he shall receive the higher rate of pay applicable thereto for immediately. This section does not apply in the duration case of this Agreement advance posting where the actual date of the vacancy has not taken place. In the case of advance the Company will provide effective dates of such vacancies. Seniority shall be set out the governing factor provided that in Schedule "A" the opinion of this Agreementthe Company, attached heretothe employee has the qualifications to perform the job satisfactorily. Where the company initially determines that the senior employee will not be selected, and forming part thereof.
16.2 An a one week training period will be provided for that employee within to determine his ability. Employees applying for multiple job must indicate order of preference at the time of application. Nothing herein shall prevent the Company from hiring persons from outside the bargaining unit temporarily doing when no qualified employee applies. Any vacancy can be filled at the work of a higher paid classification shall receive after a one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ discretion of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred Company on a temporary basis while carrying out the provision of this article. Nothing herein shall require the Company to post more than two (2) vacancies (including the original vacancy) as a monthly schedule shall work the hours result of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because occurrence of age, sickness or accident, will be given a position provided such a vacancy existsthe original vacancy, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will all subsequent vacancies, which may occur, shall be paid filled at the wage rate applicable discretion of the Company. Employees receiving a job through the job posting system shall not be permitted to the classification, commencing at the date make further applications for vacancies until a period of transfer.six
Appears in 1 contract
Sources: Collective Bargaining Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job A. The job classification and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the rates State Bar will offer newly hired Employees starting salaries at the minimum of pay the applicable thereto salary ranges for the duration vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar Employee returning to the State Bar into a position they previously held. The State Bar shall provide the Union with a monthly statement listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. If the hire above minimum salary is based on advanced education, the statement shall specify the school, the type of degree, and the minimum education level (for the job description hired into). If the hire above minimum salary is based on years of experience, the statement shall specify the number of years of experience above the minimum required for the job description and the nature of that work experience. If the circumstances are based on licensure/certification or special skills, the statement shall specify the type of license or special skill. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above- described monthly reports of those hired at above the minimum shall be subject to the grievance process. No other aspect of Section 22.B shall be subject to the grievance process.
C. Employees are working "out-of-class" when they spend a majority (i.e., more than fifty percent [50%]) of their time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification that do not overlap with the job classifications said Employees hold. Training and Development assignments are not deemed out-of-class work. For purposes of this Agreement section, a job classification is at a "higher level” if its salary range has a higher maximum salary than the salary range of the classification said Employee holds.
1. When Employees are assigned out-of-class work, they shall be set out paid a pay differential for out-of-class work equal to the minimum salary of in Schedule "A" the salary range of this Agreementthat higher level position, attached heretoor five percent (5%) in excess of their current State Bar salary, and forming part thereofwhichever is greater.
16.2 An employee within 2. Out-of-class work may be discontinued by Offices at any time; however, Offices may not rotate employees in and out of out-of-class assignments to avoid payment of out-of-class compensation.
3. No position covered by this Memorandum of Understanding shall remain unposted for more than sixty (60) days while filled on an acting basis. In no event shall the bargaining unit temporarily doing position continue to be filled on an acting basis for more than six (6) months. In the event that the State Bar and Union disagree on whether Employees are performing out- of-class work, these time periods regarding posting of positions or the filling of positions on an acting basis shall run from the date the State Bar and the Union agree, during the grievance process, that the out-of-class work is being performed or from the date of an arbitral award finding that out-of-class work occurred. The time period regarding the posting of positions or the filling of positions shall not apply when out-of-class work is being performed due to a leave of absence of Employees holding higher level job classifications.
4. Out-of-class pay shall not be considered as part of an Employees' base pay when computing the rate due upon promotion to a higher paid classification level, as set forth in Section 22.J, below.
5. Employees who believe they are working out-of-class without additional compensation may file a grievance.
6. The only remedy that shall receive after a be available is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) day periodyear calendar period before the Employee's grievance was filed; and (b) the time between when the grievance was filed and finally resolved by either an informal agreement or under the grievance process. Thus, Arbitrators may only have the authority to determine whether grievants are working out-of-class and if so, the higher rate applicable amount of out-of- class compensation they are owed. Arbitrators shall have no authority to order reclassification of ▇▇▇▇▇▇▇▇▇’ positions or discontinuance of out-of-class work assignments.
7. This Subsection shall not apply to Employees assigned to work or who perform work in job classifications that have a maximum salary to its salary range that is lower than said Employees’ official job classification.
D. Employees shall receive the following salary adjustments:
1. On January 1, 2023, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 5%. All salary ranges adjusted by this 5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B.1. Beginning January 1, 2023, all Employees shall receive 5% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range. Employees whose salaries exceed the maximum of the adjusted range shall receive a lump sum payment equivalent to 2.5% of their annual salary during January 2023.
2. On January 1, 2024, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2.5%. All salary ranges adjusted by this 2.5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B-2. Beginning January 1, 2024, all Employees shall receive 2.5% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
3. On January 1, 2025, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2.5%. All salary ranges adjusted by this 2.5%, as well as any special salary adjustments provided for below/elsewhere, are reflected in Appendix B-3. Beginning January 1, 2025, all Employees shall receive 2.5%. salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
4. The State Bar will grant Employees regular merit salary increases for satisfactory performance. To effectuate this, effective on Employee anniversary dates in 2023, 2024, and 2025, and assuming a “Meets Requirements” or better overall performance rating on annual performance evaluations, Employees shall be granted a 5% increase to their salaries, except that any such increase shall be capped if it would cause the Employee’s salary to exceed the maximum of their job classification’s salary range.
E. In addition to the salary adjustments referenced in Section D, on January 1, 2023, the following classification and salary adjustments shall be made:
1. The State Bar shall create a new Attorney I classification. The salary range for the Attorney I classification will be 10% lower than the Attorney II classification. Attorney Is hired on or after January 1, 2023, shall promote automatically to Attorney IIs after two years of practicing law and completing one year of service at the State Bar.
2. The State Bar shall create a new Attorney II classification. All incumbents in Attorney positions shall be converted to Attorney II positions, regardless of whether they otherwise meet the minimum requirements, and will receive a 2.5% salary increase on January 1, 2023. On January 1, 2023, the salary range minimum and maximum for Attorneys shall be adjusted upward by 2.5%, in addition to the adjustment provided for in Section 22(D). The salary range for the Attorney II classification will be equivalent to the salary range for the former Attorney classification, as adjusted pursuant to this section and retroactively Section 22(D). The minimum qualifications for the Attorney II classification shall include two years practicing law.
3. The State Bar shall create a new Attorney III classification. All incumbents in Senior Attorney positions will be converted to Attorney III positions and will receive a 5% salary increase on January 1, 2023. On January 1, 2023, the salary range minimum and maximum for Senior Attorneys shall be adjusted upward by 5%, in addition to the adjustment provided for in Section 22(D). The salary range for the Attorney III classification will be equivalent to the salary range for the former Senior Attorney classification, as adjusted pursuant to this Section and Section 22(D). The minimum qualifications for the Attorney III classification shall include four years practicing law.
4. The State Bar shall create a new Attorney IV classification. The salary range for the Attorney IV classification will be 10% higher than the Attorney III classification. The minimum requirements for the Attorney IV classification shall include five years practicing law. New Attorney IV positions will be posted in accordance with Section 13(B). In 2023, the State Bar will fill a minimum of 10 Attorney IV positions through promotion or transfer.
5. The State Bar shall create a new Attorney V classification. The salary range for the Attorney V classification will be 10% higher than the Attorney IV classification. The minimum requirements for the Attorney V classification shall include six years practicing law. New Attorney V positions will be posted in accordance with Section 13(B). In 2023, the State Bar will fill a minimum of four Attorney V positions through promotion or transfer.
6. Incumbents in Supervising Attorney positions shall receive a 5% salary increase. The salary range and minimum requirements for the Supervising Attorney classification will be equivalent to the Attorney V classification.
7. The use of the Attorney and Senior Attorney classifications will be discontinued.
F. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
G. Except as set forth in Section 20.H below, in no event shall an Employee receive a salary, salary increase, lump sum or bonus in excess of the maximum of the salary range for the job classification in which they are employed.
H. Employees may receive wages in excess of the maximum of the salary range for their position in the following instances:
1. Any Employee who has a salary that exceeds the current maximum salary of their job classification, due to prior Memoranda of Understanding or prior applications of Subsections 22.H.2 or 22.H.3, are considered “red-circled.” A red-circled Employee shall receive no future salary adjustment unless Subsections 22.H.2 or 22.H.3 apply.
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but their red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the time of the promotion.
3. Every Employee who expressly has and routinely exercises supervisory authority over subordinate Employees shall earn at least a 5% wage differential over their highest paid subordinate Employee. This standard applies even when a supervising Employee is red-circled.
I. Each Employee shall receive an annual written performance evaluation from their first daylevel manager on or about the anniversary date of their employment in their current position. When such Only performance issues within the given evaluation period may be mentioned in the performance evaluation. An overall rating of “Exceeds Requirements” shall be available to Employees who exceed requirements.
▇. ▇▇ Employee who transfers or is promoted to another job classification shall receive an employee interim performance evaluation from their former first level manager on or about the effective date of their promotion or transfer. On transfers, the interim performance evaluation will not result in any pay increase or change in anniversary date.
▇. ▇▇ Employee who is returned promoted to his/her previous a position in a job classification with a salary range that is at least 5% higher than their prior position shall receive a salary increase of not less than five percent (5%). If an Employee is promoted to a position that has a salary range that is less than five percent (5%) higher than their prior position, the wages paid Employee shall be placed within the salary range for the lower their new position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable proportionally equivalent to the job from which he/she Employee’s placement within the salary range of their prior position. For example, if this Employee was transferredat the midpoint of their prior salary range, while employed they will be placed in such lower paid classification during such emergencythe midpoint of the salary range of the Employee’s new position. On promotions, the anniversary date shall thereafter be the anniversary date of the promotion.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages L. The performance rating given to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will an Employee may only be eligible for a one step merit increase annually reviewed in accordance with Appendixthe following procedure:
A. 1. An Employee who disagrees with their overall performance rating on a performance evaluation shall initially take up such disagreement with their first level manager or designee in an attempt to settle the matter on an informal basis. An Employee’s disagreement with a performance rating of “Meets Requirements” shall not proceed beyond this stage. An Employee who wishes to seek further review of a performance rating of “Needs Improvement” shall file a written grievance (as set forth in Step I of Grievances Section 17.D.2.) under Step II of Grievances Section 17.D.3. and proceed under the provisions of Step II of Grievances Section 17.D.3.; provided, however, that if the performance evaluation was conducted by the Employee’s Office Director, such grievances shall be filed directly in Step III of Grievances Section 17.D.4. In Januaryorder to be valid, such grievance must be filed in the appropriate step within thirty (30) calendar days of receipt by the Employee of the performance evaluation.
2. Step IV - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step III and the Employee and the Union wish to proceed to Step IV, the Manager Employee and the Union may request review of Human Resources will prepare the matter by an impartial arbitrator. Such written request shall be submitted, signed by the Employee and the Union representative, to the Chief Administrative Officer or designee within ten (10) working days after the Step III written response is rendered.
3. Step IV - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step III and the Employee and the Union wish to proceed to Step IV, the Employee and the Union may request review of the matter by an impartial arbitrator. Such written request shall be submitted, signed by the Employee and the Field Representative, to the Chief Administrative Officer or designee within ten (10) working days after the Step III written response is rendered.
4. The review of an Employee’s performance rating by an impartial arbitrator pursuant to this Subsection shall proceed in the following manner:
a. Upon receipt of a written request for arbitration, the State Bar and the Union shall select a mutually agreeable, impartial arbitrator. In the event that the parties cannot agree on an impartial arbitrator within seven (7) working days after receipt of the written request for arbitration, either party may request the Federal Mediation and Conciliation Service to submit a list of employees to receive merit increases along with changes in their classification prior to February 1stnine (9) representative arbitrators. Each party may alternately scratch names from the list, for approval the first scratch being selected by lot, and the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule person remaining after each party has scratched four (4) names shall be automatic at the end arbitrator. It is the intent of the probationary period.
16.6 The position parties that the selection process shall be completed within thirty (30) calendar days of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.the
Appears in 1 contract
Sources: Memorandum of Understanding
WAGES AND CLASSIFICATIONS. 16.1 Job
A. The job classification and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the rates State Bar will offer newly hired Employees starting salaries at the minimum of pay the applicable thereto salary ranges for the duration vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar Employee returning to the State Bar into a position they previously held. The State Bar shall provide the Union with a monthly statement listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. If the hire above minimum salary is based on advanced education, the statement shall specify the school, the type of degree, and the minimum education level (for the job description hired into). If the hire above minimum salary is based on years of experience, the statement shall specify the number of years of experience above the minimum required for the job description and the nature of that work experience. If the circumstances are based on licensure/certification or special skills, the statement shall specify the type of license or special skill. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above- described monthly reports of those hired at above the minimum shall be subject to the grievance process. No other aspect of Section 22.B shall be subject to the grievance process.
C. Employees are working "out-of-class" when they spend a majority (i.e., more than fifty percent [50%]) of their time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification that do not overlap with the job classifications said Employees hold. Training and Development assignments are not deemed out-of-class work. For purposes of this Agreement section, a job classification is at a "higher level” if its salary range has a higher maximum salary than the salary range of the classification said Employee holds.
1. When Employees are assigned out-of-class work, they shall be set out paid a pay differential for out-of-class work equal to the minimum salary of in Schedule "A" the salary range of this Agreementthat higher level position, attached heretoor five percent (5%) in excess of their current State Bar salary, and forming part thereofwhichever is greater.
16.2 An employee within 2. Out-of-class work may be discontinued by Offices at any time; however, Offices may not rotate employees in and out of out-of-class assignments to avoid payment of out-of-class compensation.
3. No position covered by this Memorandum of Understanding shall remain unposted for more than sixty (60) days while filled on an acting basis. In no event shall the bargaining unit temporarily doing position continue to be filled on an acting basis for more than six (6) months. In the event that the State Bar and Union disagree on whether Employees are performing out- of-class work, these time periods regarding posting of positions or the filling of positions on an acting basis shall run from the date the State Bar and the Union agree, during the grievance process, that the out-of-class work is being performed or from the date of an arbitral award finding that out-of-class work occurred. The time period regarding the posting of positions or the filling of positions shall not apply when out-of-class work is being performed due to a leave of absence of Employees holding higher level job classifications.
4. Out-of-class pay shall not be considered as part of an Employees' base pay when computing the rate due upon promotion to a higher paid classification level, as set forth in Section 22.J, below.
5. Employees who believe they are working out-of-class without additional compensation may file a grievance.
6. The only remedy that shall receive after a be available is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) day periodyear calendar period before the Employee's grievance was filed; and (b) the time between when the grievance was filed and finally resolved by either an informal agreement or under the grievance process. Thus, Arbitrators may only have the authority to determine whether grievants are working out-of-class and if so, the higher rate applicable amount of out-of- class compensation they are owed. Arbitrators shall have no authority to order reclassification of grievants’ positions or discontinuance of out-of-class work assignments.
7. This Subsection shall not apply to Employees assigned to work or who perform work in job classifications that have a maximum salary to its salary range that is lower than said Employees’ official job classification.
D. Employees shall receive the following salary adjustments:
1. On January 1, 2021, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2%. All salary ranges adjusted by this 2% are reflected in Appendix B.2. Beginning January 1, 2021, all Employees shall receive 2% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
2. On January 1, 2022, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 1%. All salary ranges adjusted by this 1% are reflected in Appendix B.3. Beginning January 1, 2022, all Employees shall receive 1% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
3. The State Bar will grant Employees regular merit salary increases for satisfactory performance. To effectuate this, effective on the Employee anniversary dates in 2020 and after, and assuming a “Meets Requirements” or better overall performance rating on annual performance evaluations, Employees shall be granted a 5% increase to their salaries, except that any such increase shall be capped if it would cause the employee’s salary to exceed the maximum of their job classification’s salary range.
E. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
F. Except as set forth in Section 20.G below, in no event shall an Employee receive a salary, salary increase, lump sum or bonus in excess of the maximum of the salary range for the job classification in which they are employed.
G. Employees may receive wages in excess of the maximum of the salary range for their position in the following instances:
1. Any Employee who has a salary that exceeds the current maximum salary of their job classification, due to prior Memoranda of Understanding or prior applications of Subsections 22.G.2 or 22.G.3, are considered “red circled.” A red-circled Employee shall receive no future salary adjustment unless Subsections 22.G.2 or 22.G.3 apply
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but their red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the time of the promotion.
3. Every Employee who expressly has and retroactively routinely exercises supervisory authority over subordinate Employees shall earn at least a 5% wage differential over their highest paid subordinate Employee. This standard applies even when a supervising Employee is red-circled.
H. Each Employee shall receive an annual written performance evaluation from their first level manager on or about the anniversary date of their employment in their current position. Only performance issues within the given evaluation period may be mentioned in the performance evaluation. An overall rating of “Exceeds Requirements” shall be available to Employees who exceed requirements.
▇. ▇▇ Employee who transfers or is promoted to another job classification shall receive an interim performance evaluation from their former first level manager on or about the effective date of their promotion or transfer. On transfers, the interim performance evaluation will not result in any pay increase or change in anniversary date.
▇. ▇▇ Employee who is promoted to a position in a job classification with a salary range that is at least 5% higher than their prior position shall receive a salary increase of not less than five percent (5%). If an Employee is promoted to a position that has a salary range that is less than five percent (5%) higher than their prior position, the Employee shall be placed within the salary range for their new position proportionally equivalent to the Employee’s placement within the salary range of their prior position. For example, if this Employee was at the midpoint of their prior salary range, they will be placed in the midpoint of the salary range of the Employee’s new position. On promotions, the anniversary date shall thereafter be the anniversary date of the promotion.
K. The performance rating given to an Employee may only be reviewed in accordance with the following procedure:
1. An Employee who disagrees with their overall performance rating on a performance evaluation shall initially take up such disagreement with their first level manager or designee in an attempt to settle the matter on an informal basis. An Employee’s disagreement with a performance rating of “Meets Requirements” shall not proceed beyond this stage.
2. Step I - If the Employee’s disagreement with an overall performance rating of “Needs Improvement” is not satisfactorily resolved through informal discussion, the Employee may file a complaint at Step I of this Subsection. Such complaints shall be reduced to writing by the Employee and the Union and submitted to the Employees’ first level manager or designee. Such written statement of disagreement shall contain the following:
a. A clear statement of the matter(s) contained in the performance rating with which the Employee disagrees;
b. The Employee’s anniversary date;
c. The date of the Employee’s receipt of the evaluation containing their performance rating;
d. The signature of the Employee;
e. The signature of the Union ▇▇▇▇▇▇▇. In order to be valid, the Employee’s written statement of disagreement with their performance rating at Step I must include the aforementioned information and must be submitted to the first daylevel manager or designee and also shall be submitted to the Chief Administrative Officer or designee within thirty (30) calendar days of the date of the Employee’s receipt of their performance rating. When such an employee is returned to his/her previous positionThe first level manager or designee, the wages paid for Employee and the lower position Union ▇▇▇▇▇▇▇ will again applymeet within seven (7) working days of such submission. An employee temporarily transferred A written response will be made by reason the first level manager or designee within seven (7) working days of emergency such meeting.
3. Step II - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step I and the Employee and the Union wish to proceed to Step II, a lower paid classificationwritten request to proceed signed by the Employee and the Union ▇▇▇▇▇▇▇ must be submitted to the Office Director involved or designee and also shall be submitted to the Chief Administrative Officer or designee within seven (7) working days after the Step I response is rendered. The Office Director or designee, the Employee, and the Union ▇▇▇▇▇▇▇ or Field Representative, will receive meet within seven (7) working days of such submission. A written response will be made by the hourly rate Office Director or designee within seven (7) working days of pay applicable such meeting.
4. Step III - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step II, a request to proceed to Step III shall be reduced to writing, signed by the Employee involved and the Field Representative and submitted to the job from which he/she was transferredChief Administrative Officer or designee within seven (7) working days after the Step II response is rendered. The appropriate Office Director or designee, while employed in the Chief Administrative Officer or designee, the Employee and the Field Representative will meet within fifteen (15) working days of such lower paid classification during submission. A written response will be made by the appropriate Office Director or designee within ten (10) working days of such emergencymeeting.
16.3 An employee who has terminated shall receive his/her wages 5. Step IV - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not later than satisfactorily settled at Step III and the next scheduled payroll after termination of employment. An employee who voluntarily leaves Employee and the employ Union wish to proceed to Step IV, the Employee and the Union may request review of the Corporation matter by an impartial arbitrator. Such written request shall receive be submitted, signed by the wages Employee and the Field Representative, to which he/she the Chief Administrative Officer or designee within ten (10) working days after the Step III written response is entitled at rendered.
6. The review of an Employee’s performance rating by an impartial arbitrator pursuant to this Subsection shall proceed in the regular payday following manner:
a. Upon receipt of a written request for arbitration, the date he/she leaves State Bar and the employ Union shall select a mutually agreeable, impartial arbitrator. In the event that the parties cannot agree on an impartial arbitrator within seven (7) working days after receipt of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible written request for a one step merit increase annually in accordance with Appendix
A. In Januaryarbitration, either party may request the Manager of Human Resources will prepare Federal Mediation and Conciliation Service to submit a list of employees nine (9) representative arbitrators. Each party may alternately scratch names from the list, the first scratch being selected by lot, and the person remaining after each party has scratched four (4) names shall be the arbitrator. It is the intent of the parties that the selection process shall be completed within thirty (30) calendar days of the receipt of the written request for arbitration.
b. The arbitrator shall hold a hearing in the manner provided by Code of Civil Procedure Sections 1282.2-1284. The arbitrator shall issue a written decision with findings of fact and conclusions of law.
c. The arbitrator’s decision shall be final and binding upon the State Bar, the Union and the Employee.
d. The arbitrator shall have no power to receive merit increases along with changes in their classification prior add to, subtract from, or change any of the provisions of this Subsection or any other provision of the Memorandum of Understanding.
e. The fees and expenses incidental to February 1st, for approval the arbitration including the fees and expenses of the arbitrator and excluding attorneys’ fees and costs shall be borne equally by the President & CEOparties.
f. The arbitrator shall have the authority only to determine whether the State Bar has been arbitrary, capricious or discriminatory in its conduct of the Employee’s performance evaluation.
g. The arbitrator shall have no power to independently evaluate an Employee’s performance.
7. Merit increases will become effective The review procedure set forth in this Subsection shall constitute the sole means by which an Employee may obtain review of their performance rating.
8. Any dispute regarding an Employee’s performance rating shall be deemed abandoned unless initiated and appealed within the time limits specified in this Subsection. The time limits provided for in this Subsection may be extended or waived only by mutual agreement in writing between the State Bar and the Union.
L. Paydays shall be bi-weekly on alternating Fridays. If a payday falls on a holiday the payday shall occur on the following Monday based on preceding workday.
M. Copies of written descriptions of the Criteria for Classifications as listed job classifications identified in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule B shall be automatic at made available to the end Union and/or Employee upon request. Copies of new or modified job descriptions shall be forwarded to the Union and shall be provided to affected Employees.
N. The State Bar shall comply with all provisions of the probationary period▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act regarding designation of Management and Confidential Employees.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion ▇. ▇▇ Employee who is appointed to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given temporarily fill a position provided such with a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will higher salary range shall be paid at the wage rate applicable a differential equal to the starting salary of that job classification, commencing at the date of transfer.or five percent (5
Appears in 1 contract
Sources: Memorandum of Understanding
WAGES AND CLASSIFICATIONS. 16.1 Job classification and 25:01 Parties agree that in lieu of wage increases for employees, the rates Employer shall pay a signing bonus to all employees as follows: Upon ratification $500.00 November 17, 2013 $500.00 November 17, 2014 $750.00 Classification Starting Rate (80% of pay applicable thereto for maximum rate) (0 – 12 months) Step 1: One Year Rate (85% of maximum rate) (12–24 months) Step 2: Two Year Rate (90% of maximum rate) (24– 36 months) Step 2: Three Year Rate (100% of maximum rate) (36 months +) 25:03Employees Hired After January 1, 2013
(a) Part time or full time employees that are hired after January 1, 2013 shall move through the duration wage grid based on the anniversary of this Agreement shall be set out in Schedule "A" the employee's last date of this Agreement, attached hereto, and forming part thereofhire.
16.2 An (b) If a part time or full time employee within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one (1) day period, the higher rate applicable posts to such classification, and retroactively to the first day. When such an employee is returned to his/her previous another position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable for the new position that corresponds to the employee's current step in the wage grid progression based on the employee's last date of hire.
(a) All employees that were hired prior to January 1, 2013 will have their wage rates "green circled". The parties agree that these employees will maintain their current wage rates. Any negotiated increases to the wage rates and COLA (if operable) will be added to the employee's current base wage rate. These employees will continue to be “green circled” while employed at MCCCU, including movement to any other classifications.
(b) Any part time employee who was hired before January 1, 2013 and who posts to a full-time position, shall be paid the “green circle” full-time wage rate 25:05New Classifications In the event that the Employer creates a new classification or makes substantial changes that materially change the nature and scope of a current classification, commencing at the date Employer shall meet with the Union within ninety (90) calendar days of transfersuch creation and/or changes to negotiate an appropriate wage rate for the subject classification. If the parties are unable to reach an agreement on the wage rate, the issue may be referred to arbitration in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job classification 24.01 Schedule "A" attached hereto and headed "Wages and Classifications" is hereby made a part of this Agreement.
(a) Effective May 1, 1991, a Cost of Living Allowance of $0.01 cent per hour will be paid for each 0.40 rise in the rates Consumer Price Index (1971=100) using April/1991 as a base month to a maximum of pay applicable thereto $0.50 per hour for the duration life of this Agreement agreement. Adjustments will be made quarterly, with the first adjustment on the first day following issuance of the C.P.I.
(b) The allowance shall be paid weekly on actual hours worked and shall not be considered for the purpose of calculation of overtime, holiday pay, vacation pay, payments made pursuant to medical plans, or any other premiums or other types of payments provided for in the Collective Agreement.
(c) The allowance payments will not be folded into the base rates during the term of the Collective Agreement.
(d) Any decrease in the allowance shall only reduce the net accumulated ▇▇- ▇▇▇▇▇▇▇ and shall not in any way affect base rates.
24.03 If, during the term of the Agreement, the Company establishes a job classifi- cation(s) other than that set out in Schedule "A" of this Agreement, attached hereto, then the rate for such a classification shall be set, bearing in mind the other classifications and forming part thereofrates. If the parties do not agree on the rate within fifteen (15) days of it being set, the is- ▇▇▇ of the appropriateness of the rate may be settled as per the provisions of Article 7.
16.2 An employee within the bargaining unit temporarily doing the work of a higher paid classification 24.04 Employees who have passed their probationary period who are employed in classifications designated "Maintenance" shall receive after an annual tool allowance of one hundred and fifty ($150) dollars and the Company shall designate a one (1) day period, the higher rate applicable to such classification, and retroactively to the first dayminimum required tool list. When such If an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which Company within 30 days of receiving said payment, he/she is entitled at shall be required to reimburse the regular payday following the date he/she Company in full. If an employee leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 Company within three (3) months of their classification will be eligible for a receiving the one step merit increase annually in accordance hundred and fifty ($150) dollars, he shall reimburse the Company with Appendix
A. In Januaryseventy-five dollars and fifty cents ($75.50), this being an agreed to deduction on leaving the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end employ of the probationary periodCompany.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job classification Employees will be paid according to the wages and the rates of pay applicable thereto for the duration of this Agreement shall be classifications set out forth in Schedule "“A" ” which is attached hereto and forms part of this Agreement, attached hereto, and forming part thereofthe collective agreement.
16.2 An Employees will be paid biweekly by direct deposit on Friday. When a paid holiday falls on a payday, deposits and pay summary will be distributed on Thursday. The Company will make every reasonable effort to distribute pay summaries before 11:00 a.m. on a payday.
(a) When a new job is created, the Company may temporarily assign an employee to such job for up to thirty (30) days. The Company will establish a wage rate and classification for the new job within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one this thirty (130) day period, .
(b) The Company agrees to meet with the higher Committee and will provide all data used to arrive at the new classification and wage rate. If the Union and Company fail to agree on the new rate applicable to such or classification, a grievance may be presented and retroactively processed to arbitration. The arbitrator will have the first day. When such authority to set the new classification and wage rate and award compensation where appropriate.
(c) New jobs will be posted within thirty (30) days of start up and any experience gained by an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason as a result of emergency to a lower paid classification, will receive the hourly rate of pay applicable temporary assignment to the job from which he/she was transferred, while employed in such lower paid classification during such emergencywill not be considered when filling the posting. The most senior applicant for the posting will be given up to fifteen (15) days of training for the job providing the employee can reasonably be expected to adequately perform the work following the training period.
16.3 An employee who has terminated shall receive his/her wages (d) For the purpose of this article, a new job consists of a job not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ currently being performed by members of the Corporation shall receive bargaining unit, or through a change to the wages to which he/she is entitled at principle functions of an existing job that necessitates the regular payday following the date he/she leaves the employ issuance of the Corporationa new job classification and job description.
16.4 All employees who have not received Step 7 of their classification The Company agrees that no current job classification’s wage rate will be eligible re-evaluated upward or downward during the term of this agreement unless mutually agreed to by the Union and Company. When a significant change in a current job classification occurs, the Company will meet with the Committee in order to discuss the new wage rate for the job. A disagreement on the proper wage rate for the job may be treated as a one step merit increase annually grievance in accordance with Appendix
A. In January, the Manager provisions of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary periodArticle 7.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
Appears in 1 contract
Sources: Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 5.1 The job classifications and wage rates shown in Schedule "A & C" which is attached hereto and made a part hereof shall, subject to the other provisions hereof; be and remain in effect for the life of this Agreement. Evaluation Committee
5.2 The Union may appoint a committee of not more than three (3) regular employees to meet with Company representatives in matters pertaining to the evaluation and classification of jobs. This committee, together with the Company representatives shall be known as the Evaluation Committee. The Union members of the Evaluation Committee may request the presence of the ▇▇▇▇▇▇▇ concerned in any particular case. The Company will train the Union members of the Evaluation Committee in the fundamentals and the specifics of the Company's Job Evaluation Plan.
5.3 It is recognized that mechanical improvements brought about by the Company in the interest of improved methods and products, the development of new manufacturing processes and the use of new materials as well as changes in the character of jobs may from time to time require the establishment of new job classifications or the re-evaluation of existing jobs. Under such circumstances, the Company shall evaluate the new or changed job. The Company shall notify the Union in writing of the existence of a new or changed job and shall inform the Union of the classification and rate established for such job. The Union may, during the rates thirty (30) day period immediately following such notification, request that the classification of pay applicable thereto for such job be reviewed by the duration Evaluation Committee. The Company will notify the Union before any jobs are eliminated and which jobs are to be affected and the effect on employees.
5.4 The Union may, through its members of this Agreement the Evaluation Committee, request review of a job which appears new or changed. Such request shall be submitted on the "Job Evaluation Form" as approved by the Company and the Union Evaluation Committee.
5.5 If the Evaluation Committee fails to reach agreement on the classification of a new or changed job within thirty (30) days, which period may be extended by mutual agreement of the members of the Evaluation Committee, after a request for review thereof is filed, the dispute may be referred in writing within thirty (30) days following the expiration of the thirty (30) day period (or any extension thereof) referred to above, directly to Step 3 of the grievance procedure herein. Should any dispute ultimately be referred to arbitration under such procedure, the Arbitrator established thereunder shall, in determining the proper classification of the job in question, be governed by the principles and methods on the basis of and by which the schedule of job classifications and wage rates as set out forth in schedule "A" hereto was established.
5.6 If through such procedure, the classification of a job is adjusted, Schedule "A" of this Agreementshall be revised forthwith. The rate, attached heretoif adjusted upward, and forming part thereof.
16.2 An employee within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one (1) day periodbe revised forthwith. The rate, the higher rate applicable to such classificationif adjusted upward, and shall be applied retroactively to the first day. When such an employee is returned to his/her previous positiondate the Union requested review of the new or changed job.
5.7 If, as a result of re-evaluation, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the any job from which he/she was transferredis reduced below that of Schedule "A" therefore, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification immediately prior to February 1stsuch re-evaluation, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing of employees working on such job at the effective date of transfersuch reduction in rate shall not be reduced as long as they remain on such job.
Appears in 1 contract
Sources: Collective Agreement
WAGES AND CLASSIFICATIONS. 16.1 Job
A. The job classifications and associated salary ranges covered by this Memorandum of Understanding shall be as set forth in Appendix B attached hereto and made a part hereof.
B. The general rule is that the State Bar will offer newly hired Employees starting salaries at the minimum of the applicable salary ranges for the vacant positions they will be occupying. The State Bar has the discretion to deviate from this general rule under the following circumstances:
1. An applicant has, in the judgment of the State Bar, exceptional qualifications (such as advanced education, job experience, licensure/certification or special skills that the State Bar deems relevant for a vacancy); or
2. Recruitment difficulties in the job classification to which the applicant is being hired; or
3. A former State Bar Employee returning to the State Bar into a position they previously held. The State Bar shall provide the Union with a monthly statement listing the names of all Employees that have been newly hired at above the minimum salary for their job classification, the dates of hire, their starting salaries, and a brief statement identifying the circumstances supporting deviating from the general rule. If the hire above minimum salary is based on advanced education, the statement shall specify the school, the type of degree, and the rates of pay applicable thereto minimum education level (for the duration job description hired into). If the hire above minimum salary is based on years of experience, the statement shall specify the number of years of experience above the minimum required for the job description and the nature of that work experience. If the circumstances are based on licensure/certification or special skills, the statement shall specify the type of license or special skill. The State Bar’s decision to hire at above minimum of the applicable salary range shall not be subject to the grievance process. However, the State Bar’s failure to provide the above- described monthly reports of those hired at above the minimum shall be subject to the grievance process. No other aspect of Section 22.B shall be subject to the grievance process.
C. Employees are working "out-of-class" when they spend a majority (i.e., more than fifty percent [50%]) of their time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification that do not overlap with the job classifications said Employees hold. Training and Development assignments are not deemed out-of-class work. For purposes of this Agreement section, a job classification is at a "higher level” if its salary range has a higher maximum salary than the salary range of the classification said Employee holds.
1. When Employees are assigned out-of-class work, they shall be set out paid a pay differential for out-of-class work equal to the minimum salary of in Schedule "A" the salary range of this Agreementthat higher level position, attached heretoor five percent (5%) in excess of their current State Bar salary, and forming part thereofwhichever is greater.
16.2 An employee within 2. Out-of-class work may be discontinued by Offices at any time; however, Offices may not rotate Employees in and out of out-of-class assignments to avoid payment of out-of-class compensation.
3. No position covered by this Memorandum of Understanding shall remain unposted for more than sixty (60) days while filled on an acting basis. In no event shall the bargaining unit temporarily doing position continue to be filled on an acting basis for more than six (6) months. In the event that the State Bar and Union disagree on whether Employees are performing out-of-class work, these time periods regarding posting of positions or the filling of positions on an acting basis shall run from the date the State Bar and the Union agree, during the grievance process, that the out-of-class work is being performed or from the date of an arbitral award finding that out-of-class work occurred. The time period regarding the posting of positions or the filling of positions shall not apply when out-of-class work is being performed due to a leave of absence of Employees holding higher level job classifications.
4. Out-of-class pay shall not be considered as part of an Employees' base pay when computing the rate due upon promotion to a higher paid classification level, as set forth in Section 22.J, below.
5. Employees who believe they are working out-of-class without additional compensation may file a grievance.
6. The only remedy that shall receive after a be available is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) day periodyear calendar period before the Employee's grievance was filed; and (b) the time between when the grievance was filed and finally resolved by either an informal agreement or under the grievance process. Thus, Arbitrators may only have the authority to determine whether grievants are working out-of-class and if so, the higher rate applicable amount of out-of-class compensation they are owed. Arbitrators shall have no authority to order reclassification of grievants’ positions or discontinuance of out-of- class work assignments.
7. This Subsection shall not apply to Employees assigned to work or who perform work in job classifications that have a maximum salary to its salary range that is lower than said Employees’ official job classification.
D. Employees shall receive the following salary adjustments:
1. On January 1, 2021, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 2%. All salary ranges adjusted by this 2% are reflected in Appendix B-2. Beginning January 1, 2021, all Employees shall receive 2% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
2. On January 1, 2022, all salary range minimums and maximums for State Bar job classifications shall be adjusted upward by 1%. All salary ranges adjusted by this 1% are reflected in Appendix B-3. Beginning January 1, 2022, all Employees shall receive 1% salary increases, except that no Employee may receive a salary increase that exceeds the maximum of their adjusted salary range.
3. The State Bar will grant Employees regular merit salary increases for satisfactory performance. To effectuate this, effective on the Employee anniversary dates in 2020 and after, and assuming a “Meets Requirements” or better overall performance rating on annual performance evaluations, Employees shall be granted a 5% increase to their salaries, except that any such increase shall be capped if it would cause the Employee’s salary to exceed the maximum of their job classification’s salary range.
E. Employees shall receive no less than the minimum of the salary range for the job classification in which they are being employed, as reflected in Appendix B.
F. Except as set forth in Section 20.G, below, in no event shall an Employee receive a salary, salary increase, lump sum, or bonus in excess of the maximum of the salary range for the job classification in which they are employed.
G. Employees may receive wages in excess of the maximum of the salary range for their position in the following instances:
1. Any Employee who has a salary that exceeds the current maximum salary of their job classification, due to terms of prior Memoranda of Understanding or prior applications of Subsections 22.G.2 or 22.G.3, are considered “red circled.” A red- circled Employee shall receive no future salary adjustment unless Subsections 22.G.2 or 22.G.3 apply.
2. If a red-circled Employee is granted a promotion to a job classification with a higher salary range, but their red-circled salary still exceeds the salary maximum for the promotional position, that Employee shall receive a 5% salary increase at the time of the promotion.
3. Every Employee who expressly has and retroactively routinely exercises supervisory authority over subordinate Employees shall earn at least a 5% wage differential over their highest paid subordinate Employee. This standard applies even when a supervising Employee is red-circled.
H. Each Employee shall receive an annual written performance evaluation from their first level manager on or about the anniversary date of their employment in their current position. Only performance issues within the given evaluation period may be mentioned in the performance evaluation. An overall rating of “Exceeds Requirements” shall be available to Employees who exceed requirements.
▇. ▇▇ Employee who transfers or is promoted to another job classification shall receive an interim performance evaluation from their former first level manager on or about the effective date of their promotion or transfer. On transfers, the interim performance evaluation will not result in any pay increase or change in anniversary date.
▇. ▇▇ Employee who is promoted to a position in a job classification with a salary range that is at least 5% higher than their prior position, shall receive a salary increase of not less than five percent (5%). If an Employee is promoted to a position that has a salary range that is less than five percent (5%) higher than their prior position, the Employee shall be placed within the salary range for their new position proportionally equivalent to the Employee’s placement within the salary range of their prior position. For example, if this Employee was at the midpoint of their prior salary range, they will be placed in the midpoint of the salary range of the Employee’s new position. On promotions, the anniversary date shall thereafter be the anniversary date of the promotion.
K. The performance rating given to an Employee may only be reviewed in accordance with the following procedure:
1. An Employee who disagrees with their overall performance rating on a performance evaluation shall initially take up such disagreement with their first level manager or designee in an attempt to settle the matter on an informal basis. An Employee’s disagreement with a performance rating of “Meets Requirements” shall not proceed beyond this stage.
2. Step I - If the Employee’s disagreement with an overall performance rating of “Needs Improvement” is not satisfactorily resolved through informal discussion, the Employee may file a complaint at Step I of this Subsection. Such complaints shall be reduced to writing by the Employee and the Union and submitted to the Employee’s first level manager or designee. Such written statement of disagreement shall contain the following:
a. A clear statement of the matter(s) contained in the performance rating with which the Employee disagrees;
b. The Employee’s anniversary date;
c. The date of the Employee’s receipt of the evaluation containing their performance rating;
d. The signature of the Employee;
e. The signature of the Union ▇▇▇▇▇▇▇. In order to be valid, the Employee’s written statement of disagreement with their performance rating at Step I must include the aforementioned information and must be submitted to the first daylevel manager or designee and also shall be submitted to the Chief Administrative Officer or designee within thirty (30) calendar days of the date of the Employee’s receipt of their performance rating. When such an employee is returned to his/her previous positionThe first level manager or designee, the wages paid for Employee and the lower position Union ▇▇▇▇▇▇▇ will again applymeet within seven (7) working days of such submission. An employee temporarily transferred A written response will be made by reason the first level manager or designee within seven (7) working days of emergency such meeting.
3. Step II - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step I and the Employee and the Union wish to proceed to Step II, a lower paid classificationwritten request to proceed signed by the Employee and the Union ▇▇▇▇▇▇▇ must be submitted to the Office Director involved or designee and also shall be submitted to the Chief Administrative Officer or designee within seven (7) working days after the Step I response is rendered. The Office Director or designee, the Employee, and the Union ▇▇▇▇▇▇▇ or Field Representative, will receive meet within seven (7) working days of such submission. A written response will be made by the hourly rate Office Director or designee within seven (7) working days of pay applicable such meeting.
4. Step III - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not satisfactorily settled at Step II, a request to proceed to Step III shall be reduced to writing, signed by the Employee involved and the Field Representative and submitted to the job from which he/she was transferredChief Administrative Officer or designee within seven (7) working days after the Step II response is rendered. The appropriate Office Director or designee, while employed in the Chief Administrative Officer or designee, the Employee and the Field Representative will meet within fifteen (15) working days of such lower paid classification during submission. A written response will be made by the appropriate Office Director or designee or Chief Administrative Officer or designee within ten (10) working days of such emergencymeeting.
16.3 An employee who has terminated shall receive his/her wages 5. Step IV - If the Employee’s disagreement with a performance rating of “Needs Improvement” is not later than satisfactorily settled at Step III and the next scheduled payroll after termination of employment. An employee who voluntarily leaves Employee and the employ Union wish to proceed to Step IV, the Employee and the Union may request review of the Corporation matter by an impartial arbitrator. Such written request shall receive be submitted, signed by the wages Employee and the Field Representative, to which he/she the Chief Administrative Officer or designee within ten (10) working days after the Step III written response is entitled at rendered.
6. The review of an Employee’s performance rating by an impartial arbitrator pursuant to this Subsection shall proceed in the regular payday following manner:
a. Upon receipt of a written request for arbitration, the date he/she leaves State Bar and the employ Union shall select a mutually agreeable, impartial arbitrator. In the event that the parties cannot agree on an impartial arbitrator within seven (7) working days after receipt of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible written request for a one step merit increase annually in accordance with Appendix
A. In Januaryarbitration, either party may request the Manager of Human Resources will prepare Federal Mediation and Conciliation Service to submit a list of employees nine (9) representative arbitrators. Each party may alternately scratch names from the list, the first scratch being selected by lot, and the person remaining after each party has scratched four (4) names shall be the arbitrator. It is the intent of the parties that the selection process shall be completed within thirty (30) calendar days of the receipt of the written request for arbitration.
b. The arbitrator shall hold a hearing in the manner provided by Code of Civil Procedure Sections 1282.2-1284. The arbitrator shall issue a written decision with findings of fact and conclusions of law.
c. The arbitrator’s decision shall be final and binding upon the State Bar, the Union and the Employee.
d. The arbitrator shall have no power to receive merit increases along with changes in their classification prior add to, subtract from, or change any of the provisions of this Subsection or any other provision of the Memorandum of Understanding.
e. The fees and expenses incidental to February 1st, for approval the arbitration including the fees and expenses of the arbitrator and excluding attorneys’ fees and costs shall be borne equally by the President & CEOparties.
f. The arbitrator shall have the authority only to determine whether the State Bar has been arbitrary, capricious or discriminatory in its conduct of the Employee’s performance evaluation.
g. The arbitrator shall have no power to independently evaluate an Employee’s performance.
7. Merit increases will become effective The review procedure set forth in this Subsection shall constitute the sole means by which an Employee may obtain review of their performance rating.
8. Any dispute regarding an Employee’s performance rating shall be deemed abandoned unless initiated and appealed within the time limits specified in this Subsection. The time limits provided for in this Subsection may be extended or waived only by mutual agreement in writing between the State Bar and the Union.
L. Paydays shall be bi-weekly on alternating Fridays. If a payday falls on a holiday, the payday shall occur on the following Monday based on preceding workday.
M. Copies of written descriptions of the Criteria for Classifications as listed job classifications identified in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule B shall be automatic at made available to the end Union and/or Employee upon request. Copies of new or modified job descriptions shall be forwarded to the Union and shall be provided to affected Employees.
N. The State Bar shall comply with all provisions of the probationary period▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act regarding designation of Management and Confidential Employees.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion ▇. ▇▇ Employee who is appointed to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given temporarily fill a position provided such with a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will higher salary range shall be paid at the wage rate applicable a differential equal to the classification, commencing at the date of transfer.min
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