BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 780 (Mendoza) - Psychiatric technicians and psychiatric
technician assistants: overtime
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|Version: February 27, 2015 |Policy Vote: P.E. & R. 3 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 28, 2015 |Consultant: Maureen Ortiz |
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SUSPENSE FILE.
Bill
Summary: SB 780 prohibits the mandatory overtime of a
psychiatric technician (PT) or a psychiatric technician
assistant (PTA) in a state hospital or facility except as
specified.
Fiscal
Impact:
Approximately $5.7 million to DDS (Special/General Funds)
Approximately $17 million to CDCR (General Fund)
Approximately $7.1 million to DSH (Special/General Funds)
All of these above costs are for new positions that will replace
existing mandatory overtime hours. Therefore, there will be
partial offsetting savings to each department for not paying
overtime expenses as noted below.
SB 780 (Mendoza) Page 1 of
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The Department of Developmental Services (DDS) indicates that 53
new positions would be needed to cover the number of mandatory
overtime hours worked by PTs and PTAs which is about 110,847
hours per year. The cost for the 53 positions is estimated at
approximately $5.7 million for salary, benefits, and office
expenses and equipment, partially offset by savings from not
paying mandatory overtime hours at approximately $5.2 million.
The Division of Correctional Health Care Services of the
Department of Corrections and Rehabilitation estimates new
employee costs of $17 million if it is required to hire one PT
per institution per shift. Offsetting savings for not paying
overtime hours is likely $10-14 million, but actual savings are
unknown at this time.
The Department of State Hospitals had 123,552 hours of mandatory
overtime delivered (as opposed to over 1 million hours of
voluntary overtime) during 2014. The cost for those overtime
hours was approximately $5.7 million, while hiring a minimum
number of full time employees to work those hours would be about
$7.1 million. Therefore, the net cost to DSH is approximately
$1.4 million.
Background: The Ralph C. Dills Act provides a statutory framework for the
state and its represented employees to collectively bargain over
all issues impacting wages and working conditions. Psychiatric
technicians and psychiatric technician assistants belong to
state Bargaining Unit 18. The duration of the existing contract
is from July 1, 2013 to July 1, 2016.
Proposed Law:
SB 780 provides that a facility shall not require a PT or PTA
to work in excess of a regularly scheduled workweek or work
shift. A PT or PTA may volunteer or agree to work hours in
addition to his or her regularly scheduled workweek or work
shift but a refusal shall not constitute either of the
following:
a) Grounds for discrimination, dismissal, discharge, or any
other penalty or employment decision adverse to the PT or
PTA.
SB 780 (Mendoza) Page 2 of
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b) Patient abandonment or neglect.
SB 780 specifies that in order to avoid the use of mandatory
overtime as a scheduling tool, management and supervisors shall
consider employees to fulfill the additional staffing needs of a
facility in the following priority order:
a) First priority shall be given to employees who volunteer
or agree to work hours in addition to their regularly
scheduled workweek or work shift.
b) Second priority shall be given to individuals who are
part-time or intermittent employees.
c) Third priority shall be given to employees who are on
call or on standby.
SB 780 additionally provides that these provisions shall not
apply to a PT or PTA who is participating in a surgical
procedure as specified, if an unanticipated and nonrecurring
catastrophic event occurs that results in a large number of
patients in need of care, or if an emergency situation occurs,
as defined.
Related
Legislation: AB 2155 (Ridley-Thomas, 2014) would have
prohibited the state from mandating overtime on nurses and was
vetoed by Governor Brown last year. The veto message reads in
part, "This measure covers matters more appropriately settled
through the collective bargaining process." AB 840
(Ridley-Thomas, 2015) will also prohibit the state from
mandating overtime on nurses and is currently pending in the
Assembly.
Staff
SB 780 (Mendoza) Page 3 of
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Comments: The existing Memorandum of Understanding (MOU)
between the state and Bargaining Unit 18 addresses the issue of
overtime under Article 5.1. This section specifies that
overtime hours will be paid in cash or compensating time off at
a rate of one and one-half times the employee's regular rate of
pay. Additionally, the contract provides for the following:
"Before an employee is required to work mandatory overtime,
management will make a reasonable effort to find an acceptable
volunteer within the program where the employee works. Overtime
shall first be offered to level of care employees before
allowing other classification to work overtime." And,
"Except in cases of emergency, employees shall not be required
to work mandatory overtime:
1. More than six mandated overtime shifts of at least two
(2) hours duration in a month, or
2. In excess of sixteen (16) hours continuously, or
3. In excess of two overtime shifts within an employee's
scheduled work week, or
4. On two consecutive calendar days."
The current contract also addresses related items including
employee rotation schedules after working mandatory overtime,
the allowance of securing a volunteer to cover one's mandatory
overtime, FMLA entitlement, the prohibition of employees from
being scheduled to work overtime on their day off, and prohibits
mandatory overtime on an employee's RDO except for during an
emergency as specified. Before an employee is required to work
mandatory overtime, management is required to make every effort
to schedule appropriate available employees prior to mandating
overtime including permanent intermittent employees, retired
annuitants, registry staff, and volunteers.
SB 780 (Mendoza) Page 4 of
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As provided in the existing MOU, The California Association of
Psychiatric Technicians may request to reopen this section one
time during the duration of the contract.
According to the employee organization, employees who are forced
to work overtime in violation with the provisions of the current
contract have a long grievance procedure that must be followed
that often requires appeals and arbitration.
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