The salary schedule for bargaining unit employees in Units 2, 5, 7, and 9 shall be found in Appendix E and incorporated in this Agreement by reference.
An employee shall be assigned a salary rate within the salary range or sub-range appropriate to his/her classification. The salary range or sub-range for each classification shall include a minimum salary rate and maximum salary rate and a Service Salary Increase (SSI) maximum rate.
- The SSI maximum rate shall be increased by five percent (5%) effective with the July 2006 pay period.
- The SSI maximum rate shall be increased by an additional five percent (5%), in addition to the increase resulting from the application of the General Salary Increase, effective with the July 2007 pay period.
- The SSI maximum rate shall be increased by an additional five percent (5%), in addition to the increase resulting from the application of the General Salary Increase and any Market Salary Adjustment, effective with the July 2008 pay period. This amount shall not be compounded.
Employee compensation programs, including the General Salary Increase (GSI), the Merit Salary Increase (MSI), the Service Salary Increase (SSI) and the Market Salary Adjustment (MSA), shall be implemented only in fiscal years in which the parties expressly agree to such programs or agree to provide increases in such programs.
General Salary Increase
For fiscal year 2006/2007, effective July 1, 2006 the SSI maximum will be increased by 8.324%, reflecting the three percent (3.0%) GSI and the five percent (5%) increase to the SSI maximum per provision 20.2 (a) and the amount available for the market salary adjustment. Effective with the August 2006 pay period, the minimum and the maximum of all salary ranges and the individual salary rates of all employees in the bargaining unit shall be increased by three percent (3.0%).
Section 20.5 amended by Side Letter #16, dated November 28, 2007
For fiscal year 2007/2008, all salary ranges and the individual salary rates of all employees in the bargaining unit shall be increased by 3.457% effective with the July 2007 pay period. For fiscal year 2007/2008, effective July 1, 2007 the SSI maximum will be increased by a total of 8.457%, reflecting the 3.457% GSI and the five percent (5%) increase to the SSI maximum per provision 20.2 (b).
Section 20.6 rescinded by Side Letter #25, dated May 4, 2009
Market Salary Adjustment
For fiscal year 2006/2007 there shall be a .324% Market Salary Adjustments to the minimum and maximum of the salary ranges and individual salary rates which shall be distributed among classifications as determined by CSUEU and shall be effective with the August 2006 pay period.
Section 20.8 rescinded by Side Letter #16, dated November 28, 2007
Section 20.9 rescinded by Side Letter #25, dated May 4, 2009
An eligible employee who is regularly assigned to work four (4) or more hours between 6 p.m. and midnight (exclusive of overtime) shall be paid a shift differential of one dollar and twenty-five cents ($1.25) per hour for the employee's entire shift.
An eligible employee who is regularly assigned to work four (4) or more hours between midnight and 6 a.m. (exclusive of overtime) shall be paid a shift differential of two dollars and twenty cents ($2.20) per hour for the employee's entire shift.
An eligible employee who is regularly assigned to work a shift that begins between 6 p.m. and midnight and continues for at least four (4) hours beyond midnight shall be paid a shift differential in accordance with provision 20.11. Such hours shall be exclusive of overtime.
An eligible employee who is regularly assigned to work a shift that includes hours between 6 pm and 6 am but is not assigned enough hours to qualify for the shift differential described in provisions 20.10, 20.11, or 20.12 above shall receive:
- A shift differential of one dollar and twenty-five cents ($1.25) per hour for all hours worked between 6 p.m. and midnight.
- A shift differential of two dollars and twenty cents ($2.20) per hour for all hours worked between midnight and 6 a.m.
All non-exempt employees who are regularly assigned to a shift as defined in provisions 20.10, 20.11 and 20.12 are eligible to receive a shift differential.
Probationary, permanent, and temporary employees with an appointment in 12 month increments shall be eligible to request participation in the 10/12 or 11/12 pay plan. The assignment of an eligible employee into the 10/12 or 11/12 pay plan and the yearly schedule shall be by mutual agreement of the appropriate administrator and the employee. Employees shall have the ability to request participation in the 10/12 or 11/12 pay plan for a period of twelve consecutive (12) months, with a right to return to the 12/12 plan, if specified in that request to participate. Employees can request to renew an appointment to the 10/12 pay plan or 11/12 pay plan on an annual basis. Final approval by the President is required prior to employee participation in the 10/12 or 11/12 pay plan.
A 10/12 or 11/12 pay plan yearly schedule shall provide that the appropriate period of time in work status and non-work status shall be scheduled within one (1) year.
A yearly schedule for an employee in the 10/12 pay plan program shall normally be five (5) consecutive pay periods in work status, followed by one (1) pay period in non-work status, or ten (10) consecutive pay periods in work status, followed by two (2) consecutive pay periods in non-work status. A yearly schedule for an employee in the 11/12 pay plan program shall normally be eleven (11) consecutive pay periods in work status followed by one (1) pay period in non-work status.
Variations of a normal yearly schedule may be approved by the President, except that a variation of a normal yearly schedule shall not provide for a period of time in non-work status that requires advance payment of salary. Variations may include, but shall not be limited to, a movement from work status to non-work status at times other than the beginning of a pay period or patterns other than the normal yearly schedule, such as "6-1:4-1" or "7-1:3-1." Some variations of a normal yearly schedule may require delayed adjustments in salary payments.
Withdrawal from participation in the 10/12 or 11/12 pay plan and return to a twelve (12) month annual work year may be requested by an employee in accordance with campus procedures. The appropriate administrator may request an employee on the 10/12 or 11/12 pay plan return to a twelve (12) month annual work year. In both instances, the employee and the appropriate administrator shall attempt to reach mutual agreement regarding the request. In the absence of mutual agreement, the President, shall make a final determination as to the approval or denial of such requests. The President may return an employee to a twelve (12) month annual work year. When the employee’s request to return to a twelve (12) month annual work year is approved, the employee shall be returned to the twelve (12) month annual work year within three (3) months of the approval. When the University determines the employee should be returned to a twelve (12) month annual work year, the employee shall be provided written notice three (3) months prior to such a return.
An employee participating in the 10/12 or 11/12 pay plan shall receive his/her (10 month or 11 month) annual salary in twelve (12) salary warrants and appropriate benefits on a twelve (12) month basis.
An employee moving from a twelve (12) month status to the 10/12 or 11/12 pay plan shall retain his/her anniversary date.
An employee on the 10/12 or 11/12 pay plan shall accrue sick leave, vacation, and seniority during the full twelve (12) month period. An employee on the 10/12 or 11/12 pay plan who is not in work status on the day a holiday is officially observed shall not be entitled to the holiday.
Ten (10) or eleven (11) months of service by an employee in the 10/12 or 11/12 pay plan shall constitute one (1) year of service for employment status matters, Merit Salary Increase, and retirement.
Approval or denial by the President of employee requests pursuant to provisions 20.15 and 20.19, shall be based on operational need and shall not be unreasonably denied. This provision shall not be subject to the Grievance Procedure.
Employees in classifications listed in Appendix A as 10-month employees may request conversion to the 10/12 Pay Plan.
Service Salary Increase
Section 20.26 amended by Side Letter #25, dated May 4, 2009
A Service Salary Increase (SSI) refers to upward movement within a salary range or sub-range. Such adjustments shall be determined by the CSUEU and CSU during negotiations annually.
For fiscal year 2006/2007 there shall be a one percent (1%) SSI.
For fiscal year 2007/2008 there shall be a one percent (1%) SSI, provided the budgetary conditions in provision 20.5 for fiscal year 2007/2008 are met.
If the budgetary conditions specified in provision 20.5 and 20.6 for fiscal year 2007/2008 and/or 2008/2009 are not met, the specific increases specified for a GSI, Market Salary Adjustment, and SSI shall not take place and the parties shall reopen bargaining for that fiscal year on Article 20 (Salary), pursuant to Article 28 (Duration & Implementation).
Active and on-leave employees who are at or above the SSI maximum as of July 1, 2006 and who would qualify for an SSI if they were not at or above the SSI maximum, shall receive a one-time bonus. For fiscal year 2006/2007, the bonus shall be in the amount of $1588, to be paid within ninety (90) days of ratification of this Agreement by both parties. Employees must be active or on leave with pay at the time the payment is generated. If the employee returns to active or on-leave with pay status in a CSUEU-represented classification on the same campus by June 30, 2007, the employee will receive the $1588 bonus at that time.
No SSIs will be granted above, nor shall the granting of an SSI result in a salary rate above the SSI maximum rates of pay for all bargaining unit salary ranges or sub-ranges on the salary schedule in Appendix E. If an employee receives less than a 1% SSI because the employee reaches the SSI maximum, the employee shall also receive the total bonus provided in provision 20.27 above. Other than employees who receive less than a full 1% SSI, no employee shall receive both a bonus and an SSI increase to base pay.
Upon the determination by the appropriate administrator that an active or an on-leave employee has performed in a satisfactory manner in carrying out the duties of his/her position and is below the SSI maximum of the employee’s salary range, the employee shall receive an SSI. Such a determination shall be after consideration of material in the employee's Personnel File.
Eligibility Rules and Service Requirements
- For probationary, permanent and temporary employees whose salaries are below the SSI maximum, the initial Anniversary Date shall be established upon hire pursuant to 20.30 (e).
- The Anniversary Date for temporary employees is reset when there is a break in service of ninety (90) days or greater. The Anniversary Dates will be adjusted for non-qualifying pay periods for breaks in service less than ninety (90) days.
- Per Diem employees are not eligible for SSIs.
- For probationary, permanent, and temporary employees, a qualifying month of service is defined as eleven (11) days on pay status in a pay period irrespective of timebase.
- A year of qualifying service means twelve (12) pay periods and ten (10) months of qualifying service for a 10/12 employee; ten (10) pay periods and 10 consecutive months of qualifying service for a 10-month employee; twelve (12) pay periods and eleven (11) months of qualifying service for an 11/12 employee, twelve (12) pay periods and twelve (12) consecutive months of qualifying monthly service for a twelve (12) month employee. Qualifying service for an intermittent employee is 1920 hours of paid employment within the preceding three (3) year period.
- Anniversary Dates are adjusted for non-qualifying pay periods such as those due to unpaid leaves of absence, including NDI, and, for temporary appointments, periods between appointments when not on the active payroll.
- Anniversary dates must be reset when the employee is moved to a higher skill level or classification that resulted in at least a five percent (5%) increase.
- For those employees whose salaries will be below the SSI maximum as of July 1, 2006 and who do not have an Anniversary Date, their Anniversary Date shall be established as follows:
- If the employee had an Anniversary Date from the SSI program ending June 2000 or was given an Anniversary Date when the SSI program was reinstated in 2004 but reached the SSI maximum prior to July 1, 2006, the anniversary Date shall be the month of the most recent anniversary date held at the time the employee reached the SSI maximum or the month of the reclassification or promotion, combined with the current fiscal year, whichever occurred later.
- If the employee did not have an anniversary date established in 2004 and had no anniversary date when the SSI program ended in June 2000, the month of the Anniversary Date shall be the month of the employee’s initial appointment into any CSU classification at the campus combined with the current fiscal year.
Upon written authorization of the appropriate administrator, an employee who is eligible may receive an SSI effective on the first of the monthly pay period of their initial Anniversary Date and thereafter upon the completion of the required qualifying service after (a) initial appointment, (b) last SSI, or (c) movement between classes or skill levels that resulted in a salary increase of five percent (5%) or more.
In a fiscal year for which an SSI is specifically negotiated, eligible employees authorized to receive an SSI will receive the negotiated percentage salary increase or an increase up to the SSI maximum of his/her salary range or sub-range, whichever is less, on the date he/she becomes eligible. In no event shall an employee's salary exceed the SSI maximum of his/her salary range or sub-range as the result of an SSI.
An employee shall receive written notice of the denial of an SSI, including the reason for the denial, prior to the potential effective date of the SSI payment whenever possible. Failure to provide timely notice shall not require the SSI to be paid.
Upon request of an employee denied an SSI, a meeting shall be arranged within seven (7) days with an appropriate administrator for the purpose of reviewing such denial. The employee may be represented at this meeting by the CSUEU. At this meeting, the appropriate administrator may establish with the employee conditions upon which the SSI shall be authorized within the year, and the date of review to determine whether such conditions were met.
The appropriate administrator may at any time reverse the denial of an SSI. Such a reversal may be effective retroactively or effective for a part of the year.
Merit Salary Increase
- A Merit Salary Increase (MSI) is movement within a salary range, or one-time bonus per provision 20.36 (e), based upon an overall annual job performance rating of satisfactory, its equivalent, or better. An overall rating is a comprehensive rating based on a review of all performance categories.
- Employees with an overall rating below satisfactory, or its equivalent, or less than twelve (12) months of campus service as of July 1 of the effective year, shall not be eligible. An MSI shall be based upon the most recent fiscal year performance evaluation or the most recent annual performance evaluation in accordance with campus policy.
- Each employee shall receive a performance evaluation in accordance with Article 10, Employee Performance. This procedure does not require campuses to modify existing performance evaluation forms unless existing forms do not have an overall rating. In such cases an overall rating must be determined and added or attached to the performance evaluation form. Existing annual performance evaluations and overall ratings contained in the official personnel file shall remain unchanged except with the addition of an overall rating where none exists. No employee’s overall performance rating shall be changed after it has been presented to the employee for signature.
- An employee whose performance has been rated overall as satisfactory, or its equivalent, shall receive an increase to the base salary, and/or a one-time bonus per provision 20.36(e). An employee whose performance has been rated overall as above satisfactory shall receive an increase in excess of the amount of the increase awarded to satisfactory performance. The amount of increase and/or bonus shall be determined by the President, the President’s designee or other appropriate administrator. All CSUEU-represented employees rated at the same level of overall performance on the same campus shall receive the same amount of increase, rounded to the nearest whole dollar. This increase shall be an increase to the employee’s base salary, except for those employees at the top of the salary range as described in provision 20.36(e). In no event shall an MSI increase cause an employee’s salary rate to exceed the maximum of the range.
- In cases where a bargaining unit employee has reached the top of the classification salary range or sub-range in the salary schedule in Appendix E, the amount of increase for an MSI shall be only in the form of a lump sum bonus based on the annual gross earnings and shall not be an increase to the base salary.
- During the fiscal year, the total amount of the total settlement cost funds assigned to the MSI program shall be as described in provision 20.37.
- Funds shall be proportionally allocated to individual campuses based upon the salary base of CSUEU represented employees on each campus. MSI total settlement cost funds may be augmented with campus funds. The effective date for an MSI shall be July 1 of the fiscal year. To be eligible, an employee must be on the payroll as of July 1 of the fiscal year and actively employed at the time the awards are distributed. An MSI provided with campus funds may be effective at any time.
- Funds allocated to the MSI program on a campus shall be distributed on a pro-rata basis, by CSUEU bargaining unit, so that each unit receives the same pool of funds when measured by a percentage of salary increase.
- The decision of the President, the President’s designee, or other appropriate administrator as to who is to receive an MSI and the amount for each performance rating level of the MSI shall not be subject to Article 7, Grievance Procedure. Performance evaluations shall not be subject to Article 7, Grievance Procedure, unless the grievant alleges the procedures in the provisions of Article 10 or this Section have been violated, misinterpreted, or misapplied.
For fiscal years 2006-07, 2008-08, and 2008-09 the amount of funds dedicated to the MSI program pursuant to provision 20.36 above shall be zero percent (0%). If the total amount of funds dedicated to this program in each fiscal year is not allocated or encumbered for MSI recipients by February 1, the Union may request by the following March 15 to meet with CSU to negotiate regarding the unallocated or unencumbered funds, and CSU shall agree to such a request.
A bonus is a lump sum payment that is not a permanent increase to the base salary of the individual and may be granted at the discretion of the President. A bonus may be awarded at any time and may be used for a variety of salary adjustments including, but not limited to the following:
- Performance recognition of a bargaining unit employee shall be in the form of a bonus, in the case of bargaining unit members who have reached the top of his/her classification salary range or sub-range in the salary schedule in Appendix E. These bonuses shall be from campus funds. Prior to issuing any bonus awards under this section, the performance criteria must be written and made known to employees prior to the performance period.
- 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.
- 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, or is in short supply in the labor market, and/or 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.
- 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.
Section 20.38(e) amended pursuant to Side Letter #19, dated January 17, 2008
- An individual or group performance bonus may be awarded for exceptional performance and/or in recognition of additional workload. Prior to issuing an award under this provision, the performance criteria must be written and made known to employees prior to the performance period.
- The decision of the President, made in accordance with this provision, regarding the award of a bonus shall be final and shall not be subject to Article 7, Grievance Procedure.
- The bonuses in sub-provisions (a) through (e) shall be campus funded.
For non-exempt employees, all bonus awards must be based on a percentage of the annual gross salary.
- An increase within a salary range for a single classification or within a sub-range of a classification with skill levels is referred to as an In-Range Progression. When the President, the President’s designee, or appropriate administrator determines that an in-range progression should occur, the salary shall increase by at least three percent (3.0%).
- An in-range progression may be granted for reasons that include:
- Assigned application of enhanced skill(s);
- • Recognition of new lead work or new project coordination functions given to an employee on an on-going basis by an appropriate administrator where the classification standard/series do not specifically list lead work as a typical duty or responsibility; and,
- Other salary related criteria.
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 the appropriate administrator before being forwarded to Human Resources. An employee shall not submit a request for an in-range progression prior to twelve (12) months following receipt of a response to any prior in-range progression requests. If an administrator has not forwarded the request to Human Resources within thirty (30) days, the employee can file the request directly with Human Resources.
In-range progression review of employee requests shall be completed within ninety (90) days after the request is received in Human Resources.
- Each campus shall develop guidelines and procedures for an in-range progression. The decision of the President, made in accordance with this provision, regarding the award of an in-range progression shall be final and shall not be subject to either Article 7, Grievance Procedure or Article 8, Complaint Procedure.
Funds for in-range progression may come from campus funds, and/or total settlement costs resulting from bargaining between the parties on salary matters.
Salaries for Classifications with Skill Levels and Sub-ranges
The following provisions shall apply to employees appointed or assigned to classifications with skill levels and sub-ranges:
- a. Within each salary range for such a classification, sub-ranges with specified minimum and maximum rates are defined for each skill level.
- b. Employees shall be appointed or assigned by the President to a salary within a sub-range for the applicable skill level within the classification based on the requirements of the position and an assessment of the employee's qualifications and skills by the President. This provision shall not be subject to the grievance procedure.
An employee shall receive a monthly salary stipend when assigned by an appropriate administrator to temporary project coordination or lead work functions. These supplemental work assignments are to be made in writing and must have a specific beginning and ending date.
At the decision of the Campus President or designee, an employee may receive a monthly stipend when (1) assigned, for a limited period of time, additional work or special projects over and above their regularly assigned duties or (2) required to maintain contact with their campus outside of their normal working hours on a regular basis. Remote contact shall include telephone, pager, cell phone, wireless data access device, remote monitoring of any hardware or software device, and/or electronic mail notification regarding the status of a campus system.
The following provisions shall apply to the awarding of a stipend under provision 20.42 and 20.43, above:
- The stipend is paid on a month to month basis for the duration of the work assignment.
- b. The stipend shall be between three percent (3%) and ten percent (10%) of the base monthly salary rate to be paid on a monthly basis.
- The decision of the appropriate administrator, made in accordance with this article regarding the supplemental assignment specified in provisions 20.42 and 20.43 above shall be final and shall not be subject to Article 7, Grievance Procedure.
Red Circle Rates
A red circle rate is a salary rate above the maximum of the salary range for a class or sub-range for a skill level which may be granted by the President when an employee moves to a class or skill level with a lower salary range.
An employee whose class is abolished and who moves to a class or skill level with a lower salary range as a result of implementation of a new classification shall be granted a red circle rate.
If a red circle rate is granted, the employee shall retain the salary currently being paid (or a lesser salary rate up to twenty-five percent (25%) above the maximum salary rate of the lower class or skill level) and shall remain at that salary rate until the maximum salary rate of the lower class or skill level equals or exceeds the red circle salary rate or until the authorized time period for maintaining the red circle salary rate expires, whichever occurs first.
During the period of time an employee's salary remains above the maximum salary rate for the class, the employee shall not receive further salary increases, including, Market Salary Adjustments, Merit Salary Increases or General Salary Increases, except in cases of promotion while on a red circle rate.
Red circle rates shall not exceed twenty-five percent (25%) above the maximum of the salary range of the class or skill level to which the employee is moving. An employee may retain a red circle rate for up to five (5) years.
Red circle rates shall not be authorized for an employee when:
- an employee, for personal convenience, requests voluntary demotion;
- an employee is demoted for cause other than for medical reasons.
An employee who was compensated at a salary rate above the maximum prior to a permanent separation will not be entitled to a red circle rate upon his/her return to work. Also, the authorization for a red circle rate shall be canceled if the employee refuses two (2) bona fide offers of appointment to a position at the campus in a class or skill level in the same occupational group, at the same time base and at a salary level equivalent to the original class or skill level from which the employee was moved.
When the President has declared a state of emergency at a campus, in exchange for the performance of emergency work by bargaining unit employees outside of their normal assignment, and at a time when those employees would, subject to the approval of the University, otherwise have been able to use administrative leave, the following emergency pay will be provided.
Non-exempt personnel required to return to or remain at work shall receive emergency pay of an additional one-half (½) hour for each hour worked up to forty (40) hours per week. Hours worked in addition to forty (40) hours per week shall be paid at time and one-half (the inclusion of the phrase "an additional" is for the purpose of clarification only).
An exempt employee who is required to work on a day or days declared as a state of emergency at a campus, who would otherwise have been able to use administrative leave, shall receive informal time off as agreed upon by the employee and the appropriate administrator.
Underpayment of Wages
In the event an employee believes that he/she has been underpaid, the employee shall notify his/her appropriate administrator, in writing, as soon as possible after the underpayment occurs. The memorandum should contain the following information, if known: the affected payroll period, the amount of the underpayment and the reason for the underpayment. The appropriate administrator shall review the facts and provide a written recommendation along with the affected employee's memorandum to the payroll supervisor within ten (10) work days of receipt of the written request. If the appropriate administrator and the payroll supervisor agree that an underpayment has occurred, they shall immediately notify the affected employee and issue a check for the full amount of the underpayment as soon as practicable, but no later than thirty (30) days after the employee submitted the memorandum to the immediate supervisor. In any event, whether or not an underpayment is found, the employee shall be notified within fifteen (15) work days of the decision.
The name, classification and campus of each recipient of an increase effective July 1, of each year (to include the GSI described in provisions 20.4 through 20.6 and the market salary adjustment described in provisions 20.7 through 20.9, if applicable), MSI (described in provisions 20.36 through 20.37), In-range progression (described in provision 20.40) and SSI (described in provisions 20.26 through 20.29) together with the salary as of June 30th and the dollar amount of each increase awarded each recipient, shall be reported annually to the CSUEU systemwide office no later than 90 days following the implementation of such increases. The reports shall be in electronic format and shall identify the increases by category: GSI, MSI, IRP and SSI, and shall include expenditures from all funds.
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