Salary Tentative Agreement 06-09-22

Salary Tentative Agreement 06-09-22

Summary of APC Salary Re-Opener
Negotiations for 2020-2022

When the APC Bargaining Team began salary re-opener negotiations our goal was to obtain salary increases and other compensation recognizing the dedication and hard work of all Unit 4 employees during the pandemic.  Our work environment these past two years has been an incredibly difficult and challenging environment and is recognized by what your Team achieved.

A review of the information below demonstrates we have obtained a very solid agreement. You will note that in addition to a 4% General Salary Increase (GSI), Unit 4 employees (or those on leave) who were in pay status on or after October 1, 2021, will receive up to 12-months of retroactive pay.  Employees in pay status on the day the Agreement is ratified by the Board of Trustees (BOT) will also receive a one-time lump-sum payment of $2,500.00 (this amount will be prorated based on an employee’s time base).

Based on these successes the Bargaining Team voted to recommend approval of this tentative agreement.

Here are the details:

Article 23 -- Salary

  1. A 4% GSI shall be processed in October 2022. This increase in salary will be included in the pay warrant employees will receive in October 2022. Therefore, all work performed in October 2022 shall be at the new wage rate.

  2. Employees who were in pay status on or after October 1, 2021, will receive 12-months of 4% retroactive pay. The amount of retro pay each employee receives will be prorated based upon an employee’s date of hire. Employees who left the bargaining unit after October 1, 2021, shall receive retro pay on a prorated basis.

  3. The Union has secured insurance in the event the University fails to include the GSI in the October pay warrant. This insurance takes the form of an additional month of retro pay until the University includes the salary increase in employees’ pay.

  4. Each employee in pay status when the Agreement is ratified by the BOT shall receive a one-time lump-sum payment of $2,500.00. These payments will be pro-rated for employees who are less than full-time.

CSU #3 – Proposal in Mediation
Tentative Agreement – Subject to Ratification of Both Parties
06/08/2022

ARTICLE 23

SALARY

23.1 The salary schedule that pertains to employees in this bargaining unit shall be the schedule found in Appendix G of this Agreement.

Employees may receive salary adjustments on the salary schedule due to General
Salary Increases (GSIs) and/or in-range progressions.

23.2 An employee shall be assigned to a rate within the open salary range appropriate to his/her classification. 

23.3 All employees in the bargaining unit shall receive a General Salary Increase (GSI) as follows:

  1. Effective October 1, 2021, all bargaining unit employees in active pay status, (or on leave,) as of that date shall have their individual salary rate increased by
Salary scale maximums and minimums for all classifications shall be increased by the amount of the General Salary Increases. These changes will be effective as of the date of the General Salary Increase in each fiscal year of this Agreement.
Recognition Bonus

A one-time payment of $2500 shall be provided to each bargaining unit employee with a 1.0 timebase or greater who is in active pay status (or on leave) as of the date of ratification of this agreement. Payments will be pro-rated for employees who are less than a 1.0 timebase on the date of ratification. For hourly intermittent employees, the formula for determining the pro-rata amount is as follows:

  • Determining the FTE: The total number of hours worked by the employee for the six pay periods prior to the date of ratification divided by the number of total work hours in the six-month period of time = FTE for six-month period.
  • Determining the Payment Amount: The $2500 one-time payment is then pro-rated based on the FTE determined by the formula above.
Rehired annuitants are not eligible for the one-time payment pursuant to California Government Code 21224 and CalPERS determination of the law.
Bonus/Stipend Programs
23.4
  1. Bonus/stipend programs shall be established as provided below. Such programs shall consist of one-time lump-sum payments to employees which are not reoccurring base salary increases. The funding for the Bonus/Stipend Programs was established from monies set aside ($1,112,709, inclusive of benefits) pursuant to the parties’ 2000-2003 Agreement.

    Upon the expiration of this Agreement, the bonus programs provided in this Agreement shall continue in effect utilizing the available funds as specifically provided in this Agreement, unless modified in accordance with HEERA. However, CSU shall not be required to provide additional funds for the bonus programs during the term of this contract or in future contracts unless such additional funds are provided in a successor collective bargaining agreement.

    The parties agree to maintain the bonus/stipend programs in 23.4 of the Agreement until June 30, 2020.

    The parties agree that for Fiscal Years 2017/18; 2018/19 and 2019/20, the Merit Bonus pool created in Fiscal years 2005/06 and Fiscal Year 2006/07 ($762,300) will be added to the monies available for the Budget Shortfall Mitigation (BSM) Bonus.

  2. Long-Term Service (LTS) Bonus Program

    A lump-sum bonus shall be paid to all eligible employees who, during any of the fiscal years 2003/04 through the expiration of this Agreement complete a 5-year anniversary of continuous campus employment beginning at the employee’s 10th year (employee’s 10th, 15th, 20th, 25th, 30th, 35th, 40th, etc. years of qualified monthly service on the campus).

    To be eligible, the employee must not have received disciplinary action as defined by Article 12.1 (B) during the five (5) year period immediately preceding the employee’s appropriate 5-year anniversary (10th, 15th, 20th, 25th, 30th, 35th, 40th , etc.). Years in which an employee is under formal investigation for or has a disciplinary action under Article 12.1 (B) pending resolution, will not count toward or against the five (5) year eligibility period. For eligible employees paid on a 12–month basis, the bonus amount shall be equal to five percent (5%) of the employee’s monthly salary rate as of the employee’s 5-year anniversary date, multiplied by twelve (12). Eligible employees on other pay plans shall receive an appropriate pro-rata amount. Each employee’s bonus amount shall be expressed as a percentage of the employee’s previous calendar year’s earnings (including overtime, if any).

    For employees with a time base, qualified monthly service is defined as a month in which the employee is in pay status for eleven (11) or more workdays, regardless of the number of hours of work each day. For intermittent employees, any month in which an employee works at least forty-two (42) hours will count as a month of qualifying service.

    A year of qualifying service means twelve (12) consecutive pay periods and ten (10) months of qualifying service for a 10-month or 10/12 employee; twelve (12) consecutive pay periods and eleven (11) months of qualifying service for an 11/12 employee; twelve (12) consecutive pay periods and twelve (12) months of qualifying service for a 12-month employee; and completion of one (1) full academic year of qualifying service for an academic year employee.

    The Long-Term Service Bonuses for each fiscal year shall be paid no later than September 1 following the end of the fiscal year.

    Decisions regarding the granting or denial of a Long-Term Service Bonus shall not be subject to Article 10, Grievance Procedure. However, APC may grieve an alleged violation of a specific term of this provision 23.4, subject to provision 10.5.F.4.

  3. Educational Achievement Stipend (EAS) Program

    The Educational Achievement Stipend Program established in the parties’ 2000- 2003 Agreement shall be continued for employees who receive a master’s and/or doctoral degree during the term of this Agreement. The amount of each stipend for a master’s degree shall be $2,272.37, and the amount of each stipend for a doctoral degree shall be $2,840.46. Educational Achievement Stipends shall be paid out of available bonus/stipend funds as specified in provision 23.4.A above, provided sufficient funds are available from the pool of $1,112,709. If sufficient funds are not available, the parties will meet to discuss whether to reduce the amount of the stipends or to delay some or all of the payments until the next year in which sufficient funds are available.

    The Educational Achievement Stipends for each fiscal year shall be paid no later than September 1 following the end of the fiscal year for those employees who are on the payroll on August 1 following the end of the fiscal year.

  4. Budget Shortfall Mitigation (BSM) Bonus Program

    In each fiscal year of this Agreement, all active or on-leave bargaining unit employees with a time base as of May 1 of the applicable fiscal year shall receive a Budget Shortfall Mitigation Bonus. The amount of the BSM Bonus shall be the same amount for each full-time employee and a pro-rated amount, based on time base, for each part-time employee.

    The amount of each year’s bonus will be determined by dividing the remaining bonus/stipend funds by the number of eligible full-time equivalent bargaining unit employees. The remaining funds are the funds in the pool of $1,112,709, inclusive of benefits (established pursuant to the parties’ 2000-2003 Agreement) less the funds paid for that fiscal year’s Long-Term Service Bonuses and Educational Achievement Stipends.

    Should the BSM Bonus be less than $100.00 per full-time equivalent bargaining unit employee, the bonus will not be paid and the pool available for the BSM Bonus will be rolled over to the next fiscal year’s funds available for BSM Bonuses.

    BSM Bonuses for 2003/04 will be paid no later than December 1, 2005. BSM Bonuses for 2004/05 will be paid no later than February 1, 2006. If the BSM Bonus for 2004/05 can be paid by December 1, 2005, the parties may agree to consolidate the bonuses for 2003/04 and 2004/05. BSM Bonuses for subsequent fiscal years will be paid no later than November 1 immediately following each fiscal year.
Merit Bonus Program
23.5
  1. The Merit Bonus Program funds shall be dedicated to providing one-time, lumpsum bonuses awarded in recognition of above average performance on a project, recognition of one-time or special project performance, for members of a team in recognition of their performance as a team based on criteria established by the campus, above average performance in general, or other significant contributions to the campus and/or CSU community.

    The Merit Bonus Program award shall be expressed as a percentage of gross pay for the period of time of performance for which the bonus is awarded.

  2. The decision of the President, the President’s designee, or other appropriate administrator as to who is to receive a Merit Bonus Program award and/or the amount of an award shall not be subject to Article 10, Grievance Procedure. However, APC may grieve an alleged violation of a specific term of this provision 23.5 subject to provision 10.5.F.4.

  3. All funds in the Merit Bonus Program pool shall be awarded prior to the end of the fiscal year in which the funds are available.

  4. For Fiscal Years 2017/2018, 2018/2019 and 2019/2020 there will be no merit bonuses from the Merit Bonus Program pool. The monies in the pool will be combined with monies available for the Budget Shortfall Mitigation Bonus and awarded as a Budget Shortfall Mitigation Bonus.

  5. In addition to the Merit Bonus Program pool established for General Fund employees, a similar pool shall be established for all non-General Fund employees on each campus. The amount of the Merit Bonus Program pool for non-General Fund employees shall be the same percentage amount of their salaries and related benefit costs as is the case for General Fund employees. An individual campus may augment its General Fund Employee Merit Bonus Program pool above the amount specified in the Agreement, and the non-General Fund Merit Bonus pool may exceed the amount provided for herein.
Salary Adjustments Due to Reclassification
23.6 When an employee is reclassified to a classification with a lower salary range within the same series, the appropriate rate in the salary range shall be determined by considering any previous related service in a higher or lower class. Notwithstanding the above, in no case shall the new salary exceed the rate previously received in the higher class.
23.7 When an employee is reclassified to a classification with a lower salary range in another series, the appropriate rate in the salary range shall be determined by the appropriate administrator. Notwithstanding the above, in no case shall the new salary exceed the rate previously received in the higher class. Determination of the appropriate rate in such cases shall be made by applying the criteria that would normally be used for making an initial appointment to that class.
23.8 When an employee is reclassified to a classification with a higher salary range, the appropriate rate in the salary range shall be determined by the appropriate administrator. The rate in the higher salary range shall be an increase of at least five percent (5.0%).
Additional Bonus Programs - Campus Funded
23.9 The CSU may award lump-sum bonuses (not permanent increases in base salary) for reasons identified below. Such bonuses may be awarded at the discretion of the President at any time and only for the following three (3) reasons:
  1. A recruitment bonus may be offered to a candidate as an inducement to commit to employment with the CSU. If the candidate does not complete the probationary period, the bonus must be returned to the CSU.
  2. A retention bonus may be awarded to an employee for staying with the CSU and who is in a position in a classification that is critical to the ongoing operations of the CSU, is in short supply in the labor market, and is a difficult to recruit for classification. The requirements for the retention bonus must be in writing. The minimum time period that an employee must commit to stay with the CSU in order to receive a retention bonus is twelve (12) months.
  3. A critical skills bonus may be awarded to an employee who possesses and uses skills that are necessary and critical to the ongoing operations of the CSU. The employee must be actively using the skills in order to receive the bonus.
  4. Provision 23.9 shall not be subject to Article 10, Grievance Procedure. The decision of the President to award or not award a bonus under this provision, or regarding the amount of such a bonus, shall be final and non-grievable. However, APC may grieve an alleged violation of a specific term of this provision 23.9, subject to provision 10.5.F.4.
  5. The bonuses in this provision 23.9 shall be campus funded.
23.10 For non-exempt employees, all bonus and stipend awards provided by this Agreement are based on a percentage of the employee’s annual gross salary, including overtime.
In-Range Progression - Campus Funded
23.11 An increase in an employee’s pay rate within a salary range of a classification due to increased responsibilities and skills of the employee, in recognition of extraordinary performance, or for market or pay equity reasons, is referred to as in-range progression.

A request for an in-range progression review may be submitted by the employee or manager. Employee initiated in-range progression requests shall be submitted to Human Resources. An employee shall not submit a request for an in-range progression prior to twelve (12) months following submission of any prior in-range progression request by the employee. Review of an in-range progression request shall be completed within ninety (90) days.

When an in-range progression occurs, the appropriate salary increase shall be determined by the President. Such increases shall be campus funded. This provision 23.11 shall not be subject to Article 10, Grievance Procedure. The decision of the

President to award or not award an in-range increase under this provision, or regarding the amount of such increase, shall be final and non-grievable. However, APC may grieve an alleged violation of a specific term of this provision 23.11, subject to provision 10.5.F.4.
Information Reports
23.12
  1. The name, classification and campus of each recipient of a GSI, an in-range progression increase or other base salary increase, together with the salary as of June 30th and the dollar amount of each increase awarded each recipient, shall be reported annually to the APC Statewide Office no later than ninety (90) days following the end of each fiscal year. Increases shall also be reported by amount of increase, gender and ethnicity (but without individual names) for each campus. Reports shall identify all increases, including performance awards, by category: GSI, in-range progression increase, or other base salary increase.
  2. Reports containing information described in 23.12.A above regarding Long-Term Service Bonuses (described in provision 23.4.B), Educational Achievement Stipends (described in provision 23.4.C), Merit Bonuses (described in provision 23.5) and Bonuses described in provision 23.9 shall be provided annually to the APC Statewide Office no later than ninety (90) days following the end of each fiscal year
  3. A report containing information described in 23.12.A above regarding Budget Shortfall Mitigation Bonuses (described in provision 23.4.D) shall be provided annually to the APC Statewide Office no later than ninety (90) days following payment of the bonuses.
salary reopener faqs

Frequently Asked Questions (FAQ)
Regarding the CSU/APC Re-Opener Agreement

Q. What are the terms of the re-opener agreement?

A. We have agreed to a 4% General Salary Increase (GSI), 12 months of retroactive pay, and a one-time lump sum payment of $2,500.

Q. When can we expect to see the wage increase, the retro, and the lump sum bonus payments?

A. The first step is ratification of the agreement by dues paying APC members (by the deadline date of 6/30/22 and passes by a majority). The agreement will be put before the Board of Trustees (BOT) for ratification at their July meeting. Once ratified by both Parties the CSU has expressed confidence the salary increase will be included in the October 2022 pay warrant. The CSU has said that “soon thereafter” they will process the retro pay and lump sum bonus payment.

Q. How does the 12 months of retroactive payment work?

A. The effective date of the 4% GSI is October 1, 2021. Therefore, the retroactive period is measured from October 1, 2021 thru September 30, 2022.

Q. What happens if the CSU is unable to include the GSI increase in the October 2022 pay warrants?

A. Since the effective date of the salary increase is fixed as October 1, 2021, the retroactive pay each eligible employee receives will increase each month the GSI is not implemented. For example, if the salary increase is not implemented by CSU until November 2022 eligible employees will be entitled an additional month of retro pay. Eligible employees will continue to accrue retro pay until the GSI is included in employee pay warrants.

Q. Why is the effective date of the raise October 1, 2021, and not July 1, 2021?

A. According to the CSU’s Bargaining Team, implementing more than 12 months of retroactive payments requires hand calculations of all of the retro payments. As a part of the bargaining process APC’s Bargaining Team agreed to limit the retroactive payment to 12 months in exchange for an additional $500 in the lump sum bonus. This increased the University’s proposed $2,000 bonus to a $2,500 lump sum bonus.

Q. How are the additional months of retroactive pay ensured in the agreement?

A. The CSU has expressed confidence the GSI will be included in October pay warrants. Nevertheless, APC was unwilling to assume the “risk” of the University failing to meet this promised deadline. Therefore, the University and Union agreed to the 12 months of retro pay beginning on October 1, 2021, which ensures additional retro pay for each month the University misses its promised deadline.

Q. When can we expect the retroactive payment along with the one-time bonus payment?

A. The agreement requires payment, and the CSU has assured the Union such payments will occur “soon” after the GSI is processed. It is well known that the CSU payroll system is old and antiquated, so right now we do not have a precise date.

Please know APC Leadership and the Labor Relations Team are speaking with CSU representatives regularly regarding this issue. Information will be shared with everyone as news becomes available, but it is likely that the retro-pay and lump sum bonus payment will be issued by a separate check sometime in November.

Q. Who is eligible for the one-time retro-pay and lump sum bonus payments?

A. Retro-pay – employees who were in pay status, or on leave, on or after October 1, 2021, are eligible for retro pay based on the amount of time spent as a Unit 4 employee. This includes those former employees who have left Unit 4 due to retirement, resignation, promotion, and/or reclassification into a different bargaining unit.

Lump sum payment – only employees in pay status on the date the agreement is ratified by the BOT are eligible for the bonus payment.

Q. Will the bonus be prorated?

A. Yes, the bonus will be prorated based on an employee’s time base. So, less than full-time employees will receive a bonus commensurate with their time based.

Q. Are intermittent employees eligible for the lump sum bonus?

A. Yes, the Parties have agreed to the following formula for calculating the size of the bonus.

The total number of hours worked by the employee for the six pay periods prior to the date of ratification divided by the number of total work hours in the six-month period (173.33 average state pay period hours * 6 months = 1040 hours) = FTE for six-month period.

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