BARGAINING UNIT 6 CORRECTIONS - California Correctional ...

B. Upon the employee's written request, all citizens' complaints, reports and findings
related to Penal Code Section 832.5 shall be purged from the Department's files
after a period of five (5) years.
9.07 Out-of-Classification Assignments
A. Notwithstanding Government Code Sections 905.2, 19818.8, 19823, an employee
may be required to perform work other than that described in the specification for
his/her classification for up to one hundred and twenty (120) consecutive calendar
days during a fiscal year.
B. Out-of-Class When Required
If a department head or designee requires an employee, in writing, to work in a
higher classification for more than fifteen (15) calendar days, the employee shall
receive a pay differential of five percent (5%) over his/her normal daily rate of the
class to which he/she is appointed for that period in excess of fifteen (15) calendar
days. If a department head or designee requires, in writing, an employee to work
in a higher classification for thirty (30) consecutive calendar days or more, the
employee shall receive a pay differential of five percent (5%) over his/her normal
daily rate of the class to which he/she is appointed from the first day of the
assignment. If the assignment to a higher classification is not terminated before it
exceeds one hundred and twenty (120) consecutive calendar days, the employee
shall be entitled to receive the difference between his/her salary and the salary of
the higher class at the same step the employee would receive if the employee were
to be promoted to that class, for that period in excess of one hundred and twenty
(120) consecutive calendar days. The five percent (5%) differential shall not be
considered as part of the base pay in computing the promotional step in the higher
class.
C. Should any employee file suit against CCPOA seeking to declare this provision
illegal, the State shall indemnify for any costs incurred in defending itself.
D. The State shall not rotate employees in and out of out-of-class assignments for the
purpose of avoiding payment of an out-of-class differential.
E. It is not the State's intent to select employees for out-of-class assignments based
on favoritism.
F. If any dispute arises about this out-of-class section (Subsections A. through G.) an
employee may file a grievance and the decision reached at Step 4 (DPA) of the
grievance procedure shall be the final step to the administrative remedies, and
considered an exhaustion of administrative remedies for purposes of establishing
court jurisdiction.
G. It is not the intent of either party to circumvent any certified hiring or promotional
list, or the Merit System in general. Furthermore, whenever possible, the
Appointing Authority shall choose employees for out-of-class appointments from
the current hiring list for the particular job classification for which the employee
is to be hired on an acting basis. If there is no appropriate current hiring list at the
local facility or office complex, the State shall assign the out-of-class duty only to