The State Worker

Chronicling civil-service life for California state workers

February 19, 2009
Read the SEIU tentative agreement and the key OT paragraph

We just received a copy of the SEIU Local 1000 tentative agreement. We've broken it up into three sections:

SEIU tentative agreement, Part 1, 57 pages

SEIU tentative agreement, Part 2, 33 pages

SEIU tentative agreement, Part 3, 54 pages

As we have reported, SEIU has said that its contract's overtime provisions supercede language in the budget bill that removes all personal leave from counting toward overtime. Yesterday it sent out talking points to stewards that included:

Sick leave is no longer counted towards overtime (i.e. If you use a sick day, and have to work on Saturday, you will not earn OT, until you've worked more than 40 hours).

Within hours of signing the TA, the governor went to the Legislature seeking to expand the overtime exemption to include all leaves; Local 1000 leaders and lobbyists worked throughout the weekend and was able to convince legislators to kill the bill.

But as we noted earlier today, the Legislature did indeed pass a bill, SBX3 8, that eliminates all leave from counting toward the overtime threshold, regardless of the reason.

Furthermore, it appears that SEIU's deal accepts the Legislature's tougher OT rules. Here's the pertinent paragraph from the tentative agreement:

Should the Legislature amend or enact any provision of law that allows the State to exclude leave from counting as time worked for purposes of determining the number of hours worked in a work week, that provision to the extent that it may be in conflict with this MOU, shall not be superseded by any provision of the MOU. Any and all MOU sections or past practices that conflict with this new provision of law shall immediately be superseded without further action.

Click here to view the image of that page of the agreement.

We called SEIU for comment about that key passage. Union spokesman Jim Zamora said, "No comment at this time."

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at


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