FAQ

There was a programming error in the UC Berkeley HR and Payroll systems that triggered a premature Medical Contribution Base (MCB) update for some campus employees. The MCB is used to determine the monthly medical insurance deduction and some employees' medical insurance deductions were over-withheld.

For more information about the MCB, please visit At Your Service.

The amount varies, but, on average, a cumulative amount of $630 was deducted erroneously from each affected employee between 2009 and 2012.

In total, approximately 1,300 people were affected by this error.

Employees who were affected were sent a letter on September 24, 2012, informing them that they were affected by this error. If you did not receive a letter, you were not affected.

An October 2009 update to UC Berkeley's 30+ year-old payroll system introduced a programming error that caused the system to calculate medical insurance deductions inappropriately.

UC Berkeley will issue a one-time payment to impacted employees for the amount that was taken erroneously plus an additional 7% of that amount.

This one-time payment will be issued to affected employees on October 18, 2012.

The payment will be issued by Payroll in the form of a special payment, separate from regular earnings. This payment will include the amount that was taken erroneously plus an additional 7% of that amount, less appropriate taxes and other withholdings.

If your Medical Contribution Base (MCB) needs to be adjusted in 2012, you will most likely see a decrease in your medical insurance deduction beginning on your October 1, 2012 paycheck.

Short-term, we have taken the necessary steps to fix the error, and we have put new monitoring processes in place to ensure that similar issues are identified and immediately addressed.

Long-term, UC Berkeley will transition away from the 30+ year-old HR and Payroll systems that made us vulnerable to this type of error. By 2014, UC Berkeley will replace the existing system with a new state-of-the-art HR and Payroll system called UCPath.

Any appropriate taxes and other withholdings will be applied to employee adjustment payments. Because the adjustment payments are received in 2012 and University employees pay taxes on a "cash" basis, the payments will be reported as 2012 income on 2012 W-2 forms which will be issued in January 2013.

If you have additional questions regarding the Medical Insurance Deductions Adjustment Payment, you can Request a Follow-Up, or call the UC Berkeley Benefits Helpdesk at (510) 664-4520.

Other helpful links:

• Controller's Office (Payroll) website
• UCPath website

Yes, there has to be a statement in the job posting if a position is classified as a Mandated Reporter. A department's HR administrator should indicate in the TAM job posting system when a position falls within mandated reporter requirements. The following language is now stored in the Job Posting Library and, when selected, will populate and be made visible to all applicants subject to reporting requirements:

"This position has been identified as a mandated reporter required to report the observed or suspected abuse or neglect of children, dependent adults, or elders to designated law enforcement or social service agencies. We reserve the right to make employment contingent upon completion of signed statements acknowledging the responsibilities of a mandated reporter."

Steps to Indicate Mandated Reporter Status in TAM:

1. Navigate to Job Details > Job Descriptions
2. Click on Description Type Mandated Reporter > Description ID Mandated Reporter
3. Click on the OK button

Volunteers in University sponsored programs are generally not considered mandated reporters. However, departments must consider the qualifications or services provided by the volunteer to determine if he or she meets the criteria of a mandated reporter.

Volunteers who direct or manage official University programs could be considered mandated reporters. For example, a volunteer who is a University "official," such as a volunteer who runs a retreat program for kids on behalf of the University, would be considered a mandated reporter.

As of January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. A gardener who works in an environment that puts him or her around children would not be considered a Mandated Reporter if he/she is not in direct contact with them, does not supervise them, is not in contact with them on a regular basis, or does not supervise someone who is a mandated reporter.

UC Berkeley faculty members are not generally considered Mandated Reporters under CANRA, even when students under the age of 18 enroll in their classes. However, some faculty members may be Mandated Reporters under other provisions of the Act. The following are some examples of situations in which a faculty member would be considered a Mandated Reporter:

• Physicians, nurses, and other health professionals;
• Faculty members and other academic personnel who have responsibility for instruction at the preschool, elementary, or high school level such as those who teach high school seminars or who serve as mentors in on-campus high school internship programs;
• Individuals whose University duties require direct contact and supervision of children are Mandated Reporters. This group may include faculty members who hire children under age 18 to assist with scholarship, research, or other academic activities as volunteers or interns.

To determine if a faculty member is considered a Mandated Reporter as of January 1, 2013, the department would need to consider the following:

• Do the faculty member's duties require direct contact and supervision of children?
• Do their duties require contact with children on a regular basis?
• Do they supervise others with such duties?
• If so, they would be considered Mandated Reporters for child abuse or neglect occurring on the University's premises or at official University activities or programs.

Yes. Effective January 1, 2013, athletic coaches are considered mandated reporters. This includes, but is not limited to, an assistant coach or a graduate assistant involved in coaching.

An employee is considered a mandated reporter even if he/she is a minor if an employee's duties require contact with children on a regular basis or if their duties require direct contact and supervision of children.

Yes. Effective January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. They are required to report child abuse or neglect occurring on the University's premises or at official University activities or programs.

UC policy currently does not give a definition of what constitutes a "regular basis." Departments should identify job classifications or individual academic or staff employees who are or may be mandated reporters by virtue of their required job qualifications or their University duties or activities.

By UC policy, all University employees, contractors, volunteers or students who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a University facility or at official University activities are encouraged to promptly report their concern. The concern may be reported to their supervisor, to a University official, to the campus police department, or through the University’s compliance hotline.

No. The UC Policy on Reporting Child Abuse and Neglect defines "children" as anyone under 18. A mandated reporter has the obligation to report abuse or suspected abuse of a minor. There is no added requirement that a mandated reporter has to be certain the person involved is a minor. The requirement if that the mandated reporter report the suspected abuse.

All new employees who are in mandated reporter positions must sign statements that they have knowledge of CANRA and will comply with its provisions. Campus departments will determine which positions are mandated reporters and obtain the signed forms as a prerequisite to employment. The HR administrator should enter the date the employee signed the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT CHILD ABUSE and the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT SUSPECTED ABUSE OF DEPENDENT ADULTS AND ELDERS  (PDF), then place the forms in the employee’s personnel file.

All current employees who are in mandated reporter positions must sign statements acknowledging that they have knowledge of CANRA and will comply with its provisions. If such statements are not on file, the department must obtain them from the employee.

A department’s HR administrator should indicate on HCM when an employee has signed and completed mandated reporter forms.

Steps to Track Mandated Reporter Form Completion in HCM:

1. Navigate to Workforce Administration > Job DataBring up the employee's record.
2. Do NOT click to add a new row. (This is the ONLY action in the Job Data section of Workforce Administration that does not require a new row.)
3. Click on the Employment Data link at the bottom of the page.
4. In the Mandatory Reporting Signature Date field, enter the appropriate date.
5. Click the Save button.
6. Place the form in the employee’s personnel file.

No. Employees are asked to sign forms acknowledging their responsibility to report known or suspected abuse in compliance with CANRA. The acknowledgement forms provide employees with a link the complete statute (California Penal Code sections 11164-11174.4) available at Official California Legislative Information.

OGC is aware of this and is working on revising the acknowledgment forms. In the meantime, OGC advises that current employees note the date when they received the acknowledgment form right on the form itself.

For new employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to revoke an offer of employment. For current employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to prohibit the employee’s contact with children. Under the UC Policy on Reporting Child Abuse and Neglect, this can lead to disciplinary action up to and including dismissal.

CARE Services consultants are a diverse team of licensed mental health professionals with graduate degrees in behavioral health and experience in organizational dynamics. We can provide assistance to individuals, managers, or entire workgroups. We offer counseling, consultation, onsite debriefings, referrals, resource identification, handouts, coaching, and ongoing support.

There are two main parts of communication to focus on during this time. First, provide information regularly and repeatedly. Our cognitive abilities are literally impaired when we are experiencing intense emotions. People often cannot remember or process information as well as the normally could. Be sure to share important information over and over in the aftermath of a significant event and whenever possible both verbally and in written form. Avoid overloading the message with too much content. Pick the one or two key elements you need to communicate and repeat them. The second critical aspect of communicating during this time is to listen carefully. People are looking for comfort and reassurance during these times. They will almost always tell you what they need. Compassionate and attentive responses to employees' needs during this time typically leads to a quicker recovery and a dedicated workgroup.

This is no specific timetable for recovering from a traumatic event. Individuals may vary significantly in their recovery process based on a number of factors. Most people have intense but normal reactions to an abnormal event. With information, good support, coping skills and self-care, the majority of people will be able to return to a level of functioning where they can adequately and safely perform their job duties within the first two weeks. While some individuals may require longer to reach a baseline of functioning, it is important to note that some aspects of recovery for most people may take months or even years and often require ongoing attention.

There are many things that may be useful or unique depending on the incident and your connection to it. Here is a general list that is a good place to start. 
1. Inquire about their well-being.
2. Provide caring and empathic leadership.
3. Create opportunities for employees to support each other.
4. Address and express your own feelings about the incident.
5. Attend to your physical recovery.
6. Reach out to others for support.
7. Consult CARE Services and other available resources.

Exempt employees (under the FLSA) are not eligible for additional pay, nor do they earn overtime.

Exempt employees are eligible for stipends if they perform work for an extended period of time outside their normal assignments (typically at a higher salary level).

In an emergency situation, the duties and responsibilities will be determined by the unit management. It is expected that employees will work in their units and perform the tasks necessary to restore the department to operating status. Depending on the length of time and whether the person performs duties at a higher level, the person may be considered for a stipend or temporary reclassification.

Yes. Employees may be re-assigned, depending upon the operational needs of the campus.

That depends on the scope of the work assigned and the duration of the assignment. Decisions are handled on a case by case base, in accordance with standard campus procedures governing the performance of work at a higher level for an appropriate period of time.

Pertinent contract articles: Hours of Work, Leaves of Absence
Pertinent PPSM Policies: #31 Hours of Work, Absence from Work

Staff can be directed to come in to work on their normal work days. If an employee states that s/he cannot come in, the matter should be handled as a leave request. Supervisors should follow their normal protocol in approving or denying the requested leave.

PPSM and most contracts have provisions for call-back. Supervisors can use these provisions to call employees back to work on their non-work days or for hours on work days that fall outside the employee’s regular hours of work.

Supervisors can also require employees to work overtime. In all instances, supervisors should review the overtime provisions found in the Hours of Work articles of the collective bargaining agreements and PPSM Policy #32, Overtime. Supervisors should check the policy or appropriate contract covering the bargaining unit that the employees who are being assigned the work.

Staff can be required to work overtime. Under the contracts, overtime is offered on the basis of seniority. If no one accepts the offer of overtime, then it is assigned on the basis of inverse order of seniority. Some contracts permit employees to file “requests not to be assigned overtime.” To the extent possible, supervisors and managers should honor those requests. If a particular skill is required to be performed during the overtime, supervisors and managers can assign that overtime to employees who possess that skill regardless of seniority. PPSM has no requirement to assign overtime by seniority; thus, management has discretion to assign overtime as it deems necessary.

Supervisors should handle this on a case-by-case basis and exercise good judgment. In this instance, supervisors may have to balance the personal needs of the employee with the needs of the department.

If a supervisor does not grant the employee leave, the employee will be considered absent without approval and will not be paid for the time. The decision whether or not to take formal disciplinary action is a decision to be made on a case-by-case basis.

Yes, if they possess the necessary skills, knowledge and ability and meet all other requirements of the position. Most contracts have provisions for out-of-class work. If the work assigned is at a lower classification, the employee retains her/his current salary. If the work is at a higher level and is performed for 20 or more days, the employee should be paid at the higher rate. For PPSM employees, see PPSM Policy #30, Salary, I. Administrative Stipends for temporary appointments. The change should be documented to the employee and a copy of the documentation should be placed in the personnel file.

Supervisors should take such demands into consideration, but may require some proof or written documentation that the employee is required to be present and be the care-giver. It may be that the supervisor and the employee can reach some agreement regarding hours of work or a reduction in time. Again, this should be handled on a case-by-case basis.

Staff can use accrued vacation and compensatory time off if approved by the supervisor in accordance with departmental policy and PPSM or the appropriate contract. Operational needs will need to be taken into consideration when granting any type of leave.

To the extent that staff are present or can fill out timesheets via some other form of communication, timesheets should be completed in accordance with department policies. If employees are not available, timesheets may be delayed or may have to be amended. Please remember that the University cannot recoup overpayments to an employee without going through proper legal proceedings. If an employee has been overpaid, the supervisor will have to contact Payroll to secure the necessary forms for adjusting subsequent paychecks.

Information on campus closures can be found primarily in the vacation articles of the contracts; information on how sick leave accrual is handled during campus closures is found in the sick leave articles of the contract. For PPSM, see Absence from Work, III.F, Administrative Leaves.

During a curtailment, employees are allowed to use accrued vacation or compensatory time off, or up to three (3) days of vacation leave prior to accrual. Employees may also opt to use leave without pay. Additionally, up to three (3) days of an unpaid curtailment leave shall be considered time on pay status for the purpose of accruing vacation credits and sick leave.

Supervisors and managers should follow departmental procedures. Supervisors or managers with questions regarding hours of work, leave of absence, vacation and sick leave should consult PPSM or the appropriate collective bargaining agreement and/or a campus Employee Relations Consultant.

The regular work schedule at the University is eight hours/day for five consecutive days within a week. Alternate work schedules are schedules that are not five days at eight hours, for example, working ten hours per day over four days within a week.

PPSM and the contracts covering staff employees permit alternate work schedules. The contracts require 30 days advance notice to employees and the union when the University is attempting to establish an alternate work schedule. Most of the contacts permit some flexibility on the notice requirement. Supervisors and managers who need to have employees work an alternate schedule or who get requests from employees for alternate work schedules that they can accommodate should contact their Employee Relations Specialist to determine how best to proceed.

PPSM and the contracts permit changes in work schedules at either the employee’s request or the request of management. Most of the contracts require some advance notice to employees and the union of schedule changes. Again, it may be possible to waive those notice requirements. Supervisors and Managers should contact their Employee Relations Consultant for guidance.

If an employee who receives a shift differential is temporarily (4 days or less) transferred to a shift that does not receive a shift differential, PPSM and the contracts require the University to continue to pay the shift differential.

If an employee is moved from a shift that does not get a shift differential to one that does, the employee should be paid the shift differential at the appropriate rate.

Staff are free to use break and lunch time as they wish. As is the case now, supervisors can permit employees to occasionally combine lunch and break periods on a case-by-case basis. They can also approve the use of vacation or compensatory time off or permit the employee to make up the lost time during that same workweek.

The decision to grant administrative leave with pay rests with the Chancellor.

A supervisor or manager should be available to employees in a work area. Lead employees can be used to give out work, direct work or oversee the performance of a task. However, only a supervisor can give a direct order, impose discipline, reschedule the employee, assign overtime, and make determinations regarding health and safety issues. Specific questions regarding the authority of a lead employee should be directed to an Employee Relations Consultant.

If there is a legal mandate that an employee be subject to successful completion of a background check before commencing work, the University is obligated to comply with the law. The campus has identified positions that, under policy (not the law), require background checks. In an emergency situation, a decision will be made by senior campus management as to which of those positions would require an individual to have a background check.

No, volunteers cannot be paid. The receipt of money for services performed would render these individuals “employees.”

No, we cannot pay volunteers, but we can hire them as employees.

You should consult first with your department human resources manager, who may wish to consult with Employee Relations. If you do not have a department human resources manager, you should contact campus Employee Relations at 642-9046.

This could be either Public Affairs or Employee Relations, depending on the question.

Yes, please refer to the Procurement Services’ website to review contractor-hiring procedures. Procurement Services will have a complete list of eligible titles.

Departments can hire individuals offering “common or professional services,” i.e., Building and Maintenance Contractors, Janitorial Services, Security Guards, Doctors, Evaluators, System Analyst, etc. Please review the Procurement Services’ website for a complete list and hiring process.

HR Employment Services will advertise all open positions. You may request advertisement on the Deployment Triplicate form used to notify HR Employment Services of your vacancy.

HR Employment Services will have contracts in place with selected temporary agencies. If you have a special request that a contracted agency cannot fulfill, please contact HR Employment Services to help you secure a contract with a specialized agency.

HR Employment Services will contact the agencies.

HR Employment Services.

Each employee assigned to work in your department will need to record his or her time and pay on a temporary timesheet, which you can obtain from the Payroll Office. This timesheet must have the correct approval signature before submitting it to the Payroll Office.

Employee timesheets are able to capture multiple departments. Please approve employee work hours completed in your department. Departments should work with Payroll to determine the best method to use.

Employees will be paid on the next regular pay day.

Normal dates will be adhered to unless the disaster requires changing the dates.

Payments will be made as regularly scheduled unless the disaster requires a change.

If the direct deposit system is available, staff will continue to be paid in that manner.

Payments, payable to "UC Regents," should be sent to the normal location unless other instructions are announced:
Business Services - Insurance Section
University of California
171 University Hall
Berkeley, CA 94720-1104

If email is still running, emails giving pertinent information would be sent out. Website communications would be used if available as well.

Make checks payable to "UC Regents," and send them to the normal location:
Business Services - Insurance Section
University of California
171 University Hall
Berkeley, CA 94720-1104

If the Berkeley campus is shut down, payments should be sent to the Office of the President unless the disaster is affecting them as well:
UC Human Resources & Benefits
Health & Welfare Administration
PO Box 24570
Oakland, CA 94623-1570

Depending upon the nature of the disaster, the types of systems available, and length of time of work stoppage, we would pay employees the same as the previous pay period. Other factors that will be considered include timing of the disaster and the length of time functions are expected to be down.

Positions at the Manager 4 (M4) level serve as the senior manager overseeing a large organization with multiple departments. They identify objectives and direct critical programs with major constituencies across campus. Very few positions on campus meet the M4 criteria. In contrast, a M3 position leads a critical function on campus, typically managing multiple subordinate organizations with different levels of Managers 1 and 2, Supervisors, professionals and other staff.

Positions at the Manager (M3) level lead a critical function on campus, typically managing multiple subordinate organizations with different levels of Managers 1 and 2, supervisors, professionals and other staff. In contrast, a M2 position has responsibility for managing a department though subordinate managers, supervisors and professionals, serves as a consultant to senior management, has significant responsibility to achieve broadly stated goals for the department, identifies objectives, directs programs, and develops overall departmental strategies and policies.

Positions at the Manager 2 (M2) level have responsibility for managing a department though subordinate managers. In contrast, a Manager (M1) level position is the primary manager of a unit or department and does not manage subordinate managers. This is a difficult concept to apply consistently given the lack of hierarchy in many departments on campus, and great care is taken to ensure employees were not unfairly disadvantaged based on department. The M2 level definition includes those who oversee one or more managers or multiple supervisors and professionals. The review process also consistently applies other components of generic scope –positions  at the M2 level need to document in the job description how the incumbent would serve as a consultant to senior management, have significant responsibility to achieve broadly stated goals for the department, identify objectives, direct programs, and develop overall departmental strategies and policies

Specific differences are described by the generic scope of each supervisory and managerial level. Another way to look at it is that a manager is responsible for making significant decisions on what the unit does: its purpose, functions and role, and for making commitments and decisions that require the expenditure of significant unit resources. Managers have a significant, external focus (to the world outside the unit), whereas a supervisor has a more internal focused responsibility for implementing the manager’s decisions through the work of subordinate employees. Once a decision is made on what to do, supervisors have a significant role in deciding how to do it; how to achieve the objective established by the manager. Supervisors often perform the same kind of work that the subordinates do; managers do not do the daily work of the unit as a regular part of their work, they may do it more on an exception basis or in resolving the most difficult problems facing the unit.

The key differences between Supervisor 1 (S1) and Supervisor 2 (S2) are defined by the generic scope. An S1 provides immediate supervision to a unit or group of operational or technical employees, whereas an S2 provides supervision and guidance to a group of professionals or skilled operational and technical employees.

The Supervisory and Managerial category describes positions that exercise independent judgment in determining the distribution of work of at least 2 FTEs, and make decisions or recommendations about 3 or more of the following: hiring decisions, performance ratings, merit increases, promotional opportunities, reclassification requests, written warnings, suspensions, disciplinary actions, and/or resolution of grievances or complaints. Each individual job description is reviewed against this definition, and if the customized job content provided by the manager for custom scope, key responsibilities, problem solving and supervision (including organizational chart) does not support the definition of a supervisor or manager job standard, the position will subsequently be approved for a professional job title. Professionals may achieve and be responsible for many of the same functional responsibilities as a manager or supervisor, but achieve results through their own, personally-performed duties, rather than through the efforts of direct reports. 

Specific differences between manager and supervisor are described by the generic scope of each supervisory and managerial level.

Another way to look at it is that a manager is responsible for making significant decisions on what the unit does: its purpose, functions and role, and for making commitments and decisions that require the expenditure of significant unit resources. Managers have a significant, external focus (to the world outside the unit), whereas a supervisor has a more internal focused responsibility for implementing the manager’s decisions through the work of subordinate employees. Once a decision is made on what to do, supervisors have a significant role in deciding how to do it; how to achieve the objective established by the manager. Supervisors often perform the same kind of work that the subordinates do; managers do not do the daily work of the unit as a regular part of their work, they may do it more on an exception basis or in resolving the most difficult problems facing the unit.

The generic scope for a professional 5 describes a position that is a recognized campus expert with significant impact and influence on campus policy and program development. Professional positions at this level regularly lead projects of critical importance to the overall campus. Very few positions on campus are at the Professional 5 level.

In contrast, professional 4 positions regularly serve as a technical leader to their department/campus community, perform duties requiring specialized expertise, and frequently analyze or resolve issues that are unique and without precedent.

If the job description submitted provides very limited customized content that supports the level 5 scope, the Compensation Unit can’t assume the employee is performing a professional level 5 position.

The generic scope for a professional 4 describes a position that regularly serves as a technical leader to their department/campus community, performs duties requiring specialized expertise, and frequently analyzes or resolves issues that are unique and without precedent.

The generic scope for an experienced professional 3 describes a position requiring full understanding of the professional field, the ability to apply theory and put it into practice resolving problems of diverse scope and complexity, and broad job knowledge. If the job description submitted provides very limited customized content (i.e., problem solving examples don’t align with professional level 4 key responsibilities or scope) the Compensation Unit can’t assume the position is performing at a professional level 4.

Length of service, while providing employees and the campus with a wealth of institutional knowledge, does not by itself determine the level of responsibility required for the position. Length of service, as well as experience on committees or special projects outside of the scope of the primary job responsibilities, are helpful for preparing the individual for future career opportunities but also do not define the scope or level of the current position. 

The generic scope for an experienced professional 3 describes a position requiring full understanding of the professional field, the ability to apply theory and put it into practice, resolving problems of diverse scope and complexity, and broad job knowledge.

A P2 position typically applies acquired professional knowledge and skills to complete tasks of moderate scope and complexity, and exercises judgment within defined guidelines or practices to determine appropriate action. 

If the job description submitted at a P3 level provides very limited customized content in custom scope, key responsibilities or problem solving that support the level 3 scope, the Compensation Unit can’t assume the employee is performing at a professional level 3 and would change the title to a P2.

Sometime in the future, key responsibilities from the job description will be copied into the performance evaluation form. Until that additional functionality is available, supervisors/managers will need to copy the content from the description into the performance evaluation form manually. In this manner, there is a direct link between the job description and the performance expectations of the employee performing that job

A job description for review should provide a sentence or two for each applicable key responsibility to explain or customize that responsibility for an individual position. Also, bullet points that expand using examples on specific responsibilities for the incumbent are helpful. We also ask for 2 -3 examples for each of the problem solving sections. The problem solving examples should support the decisions expected of the category and level (i.e., Professional 4: decision making examples aligned with a technical leader demonstrating specialized expertise and resolution of unique issues; Manager 3: managerial decisions demonstrating oversight of subordinate organizations through different levels of managers, supervisors, and professionals.) See Categories and Levels for definitions of the job levels.

It is especially important to provide an accurate and true representation of an individual’s job duties because what is described in the job description will be the basis for review on the performance appraisal form. In other words, since an employee’s performance expectations will be based on their job description, the description needs to accurately define the job.

Both Achievement and Spot Awards are intended to recognize and reward individuals, and teams of employees, for demonstrating:

• Exceptional performance: Demonstrated and sustained exceptional performance that consistently exceeds goals and work expectations in quantity and/or quality.
• Creativity: One-time innovation or creation that results in time/dollar savings, revenue enhancement, productivity improvement; and/or ongoing innovative/creative activities that benefit organizational systems, protocols, and/or procedures.
• Organizational abilities: Exhibiting extraordinary skills in leadership resulting in the accomplishment of significant departmental or divisional goals and objectives; effective project management, which could include developing a project and/or implementing a project with substantial success; and/or demonstrating organizational capability leading to a greater level of effectiveness.
• Work success: Significantly exceeding productivity, customer service, quality of care or similar goals, including demonstrating superior interactions with managers, peers, supervisors, subordinates, the University community, and/or clients and customers served.
• Teamwork: Acting as an exceptionally effective and cooperative team member or team leader for a team that has significantly exceeded the goals/objectives of the department unit.

The threshold for granting an Achievement Award is significantly higher than for a Spot Award, and the level of approval has been set higher.

• Achievement Awards are designed to recognize sustained, exceptional performance and/or significant contributions over an extended period of time that represents a major portion of the employee's area of responsibilities, including performance or project goals above and beyond normal performance expectations.
• Spot Awards are designed to recognize special contributions, as they occur, for a specific project or task. Spot Awards are generally for a special contribution accomplished over a relatively short time period. A Spot Award lets employees know that someone has noticed their noteworthy contribution. At the same time, it recognizes and reinforces the behaviors and values that are important at UC Berkeley.

The campus will seek feedback from supervisors, staff, and administrators to ensure the program is achieving outcomes that benefit the campus, departmental operations and individual employees. Control Unit Administrators will also review usage of Achievement and Spot Awards to ensure colleges, divisions, and departments are encouraged to utilize the program funds. Central HR will evaluate and monitor usage of funds on a regular basis.

Although a nomination form may work for many areas of campus, for some areas, it may not be the most effective means to determine who may deserve an Achievement or Spot Award. If a campus department feels another method of nomination may be more appropriate, an alternative approach may be used, provided it is reviewed with the Control Unit Administrator and the Compensation Unit to ensure the method meets the guidelines of the Achievement and Spot Award program.

Control Units will receive an allocation for Achievement and Spot Awards at the beginning of each fiscal year. If a Dean or VC may not expend all of the current fiscal year's funds for the fiscal year, as they approach the last month of the fiscal year, they may use any remaining nominal amount to provide training for their staff.

In the new fiscal year, Deans and VCs will receive a supplemental annual allocation to "top off" last year's remaining funds (if any) in order to provide a total allocation appropriate for the unit as of the end of the previous fiscal year. The supplemental allocation for the new fiscal year will be determined in the first week in August to ensure all awards which were processed at the end of the past fiscal year are captured.

The assessment for represented employees was negotiated into employee salaries as part of the contract bargaining process. Employees represented by unions are not eligible since the funding for this program comes from monies generated from an assessment on payroll for non-represented employees.

The award funds may not be supplemented by department, division or college funds.

Employees who are part of a team may be considered for the Berkeley Campus Achievement and Spot Award program.

Any employee who is eligible (based on the published criteria) may be nominated for an Achievement or Spot Award. However, the employee must be on active pay status or on an approved unpaid leave at the time the award payment is processed.

The program is funded by a payroll assessment of non-represented employees. Funds are distributed to the Vice Chancellors or Dean on the basis of the eligible population. The funds are a portion of campus payroll and not a deduction from individual salaries.

Students are NOT eligible to receive Achievement Awards, which are limited to Career, Partial Year Career, and Contract employees. Student employees ARE eligible to receive Spot Awards. Both Work Study and non-Work Study student employees in non-academic positions are eligible to receive Spot Awards.

Award funds are allocated based on the total salaries of PPSM staff employees in the following appointment types: Career, Partial-Year Career, Contract, Limited, and Per Diem. The population is based on figures as of the end the fiscal year.

Yes, the University-paid fringe benefits rate will be charged to the units. Due to varying amounts for Recognition Awards, units should calculate the full costs of the award which includes the 38% Fringe Benefits Rate. These costs will be charged to the same fund as the Achievement and Spot Awards. Departments should use 38% of the planned award amount to calculate this cost.  For example, for a $400 Spot Award, $552 should be reserved in the fund to cover the unit cost and for a $2,000 Achievement Award, $2,760 should be reserved to cover the unit cost.

In the examples above, the actual award made to the employee would be $400 (less taxes) and $2,000 (less taxes) respectively. In other words, awards should not be grossed up.

No, the Achievement or Spot Award may be paid to employees via a direct deposit as soon as reasonably possible. Providing employees with the award along with a Thank You Letter and an Award Certificate will reinforce the campus’ appreciation for the special achievement.

With one exception, under the PPSM program, stipends are granted to employees, including those in step ranges, in place of temporary reclassifications or promotions. Thus, employees in this program retain their classification and are granted a stipend as a percentage of their salary. The PPSM procedures identify the factors managers should consider in recommending an administrative stipend.

In certain cases, a temporary reclassification or promotion to a higher level position may be appropriate to assure compliance with the Fair Labor Standards Act (FLSA). If the employee's permanent position is non-exempt under FLSA, e.g., Financial Analyst 2, and the higher level position is exempt under FLSA, e.g., Financial Analyst 3, a temporary reclassification/ promotion with a change in title may be appropriate. Otherwise, any time worked over 40 hours in a workweek in the higher level position would have to be compensated at the premium rate of time and a half and conflict with the exemption of the higher level position.

Note that consideration for a stipend may also be given on an exceptional basis for performance of "other significant duties not part of the employee's regular position."

As with other increases - merit, promotion, reclassification - the salary structure for the position will determine whether increases are granted by percentage or step: positions with step ranges will remain eligible for a half-step increase; limited appointment employees who meet the requirements will be eligible for a percentage increase of up to 2%.

Yes, if they are otherwise eligible.

Yes, employees who accept lateral transfers retain eligibility for their merit increases.

Under the Personnel Policies for Staff Members (PPSM), the hiring department is delegated salary setting authority, up to and including Step 3, for those in step ranges, and between the minimum and up to and including the midpoint of the range for those in salary grade ranges. The Vice Chancellor approves salaries above the midpoint and Step 3. (Information about delegations for setting salaries upon reclassification, promotion, or lateral transfer is posted elsewhere on this site.)

A promotion involves movement from one position to a different position with a higher salary range midpoint through a competitive recruitment process. An upward reclassification involves a change in the functions of a position, which results in the assignment of an employee’s current position to a new payroll title with a higher salary range midpoint. A reclassified employee typically retains the majority (50% or more) of the prior functions and assumes additional functions as well.

An employee's new salary after a reclassification or promotion depends on a number of factors, including external market comparisons, internal equity, departmental budget considerations, the employee's performance, and the knowledge and skills the employee brings to the position.

A lateral transfer is movement to another position with the same salary range midpoint. A lateral transfer may occur within a department, or between departments on the Berkeley campus, or between campuses.

No, lateral transfer salary increases are not automatic.  A lateral transfer salary increase may be given upon movement to a position that was openly recruited.   A manager should consider the skills the employee brings to the new position, relevant external market comparisons, internal equity, and departmental budget considerations.  The department offering the lateral transfer may make one salary offer. The transferring employee's current department can counter-offer if it chooses, but one time only, to avoid bidding wars.  As in the case of other salary offers, managers will want to consider the criteria discussed above.  A manager may have the funds to offer a salary up to the range midpoint, or even to request approval of an over midpoint salary from the relevant Vice Chancellor.  But in doing so, the manager will also want to avoid creation of inequities with others in the unit.

The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information.  If you have questions about your own salary range, please talk to your manager or supervisor.  (For more information, see Salary Ranges.)

The department head (or designee) may approve reclassification/promotional and lateral transfer salary increase requests up to and including the midpoint of the range for a position without steps and up to step 3 for a position with steps.  To ensure that salary decisions receive all due consideration, each Vice Chancellor will continue to have the authority to approve salaries above the midpoint of the range for Professional and Support Staff (PSS) positions and Management and Senior Professional (MSP) positions.  However, each Vice Chancellor has the authority to further delegate that authority within his or her control unit.

Under University policy, an employee's total base salary increase in a single fiscal year may not exceed 25% of the employee's June 30 salary, unless an exception is granted by the Chancellor.

The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information.  If you have questions about your own salary range, please talk to your manager or supervisor.  (For more information, see Salary ranges.)

More than 25%, i.e., 25.1% or higher.

No, moving from a salary grade 18 to a grade 17 position is considered a downward reclassification or a demotion, not a lateral transfer, since the midpoint of the grade 17 salary range is lower than the midpoint of the grade 18 salary range.

Actions taken for employees represented by bargaining units must still be in accordance with the contract language covering the situation.

Each of the four Student Assistant series levels has a defined pay range. Departments should consider the title and salary level provided to limited or career staff performing similar work, the knowledge, skills and abilities the student employee brings to the position, and the departmental budget.

Reality: All of the flexible work arrangement possibilities described in this Guide are possible under personnel policies and contracts. (There may, however, be union notice requirements in some situations, so supervisors should contact their Employee Relations Consultant when proposing changes for employees covered by contracts, to determine whether notice is necessary.)

Reality: Flexible work arrangements have been around in one form or another since the University was founded. What is new is the rapid expansion of their use for staff. A great many campus employees are already working in flexible arrangements of some sort - and most employees are happy with only very minor variations in the "old 8 to 5."

In other words,

• These arrangements are not new, and
• Small changes can produce big results in terms of retention, morale, and productivity.

Reality: With inadequate planning, this can indeed happen. However, well-planned flexible work arrangements sometimes enable departments to extend their service hours, and to make more effective use of space and equipment. In addition, flexible work arrangements can facilitate flexible staffing patterns that lead to real cost savings.

Reality: Flexible work arrangements are not a right; supervisors retain control. No supervisor is required to--and no supervisor should--approve any arrangement that will have a negative impact on the unit's ability to meet its responsibilities. (However, the supervisor should certainly keep an open mind in reviewing requests, and should make reasonable efforts to determine ways in which disruptions to operations can be avoided. As stated above, Human Resources staff and workshops are available to help you make this determination.)

Reality: Flexible work arrangement decisions must be fair; however, fairness is not the same as equality. It is true that all employees should have an equal right to request consideration for a flexible work arrangement. However, whether a particular flexible work arrangement is feasible for a particular employee depends on a variety of factors, including the nature of the work assignment and characteristics of the employee.

Examples:

• Work which demands physical presence (for example, receptionist, maintenance, or food service) cannot be done while telecommuting.
• An employee who needs close personal supervision (for example, someone in the probationary period, or someone with a poor performance record) may be required to be at work only when the supervisor is present.
• An employee who needs to have constant, easy access to materials or to equipment may be required to be present when those materials or pieces of equipment are accessible.
• No employee should be permitted to work in situations that are potentially dangerous, due to equipment or security concerns.

There are, however, ways to work around some of the above concerns. The Police Department, for example, can help address security concerns for employees working unusual hours; supervision can be exercised by means other than direct observations; and employees with duties requiring physical presence can sometimes share these duties with other employees, so that some of their job, some of the time, does not require physical presence. Your Employee Relations Consultant can help you determine what might be feasible.

Reality: Assignment of schedules and work locations is a basic management right. Employees may request consideration, but they do not have a right to any particular arrangement. Employees requesting changes in work arrangements should use the attached checklist, "Developing a Proposal: Checklist for a Flexible Work Arrangement," to try to address management's concerns before making a formal request.

Reality: It is not effective - nor really even possible - to know how hard employees are working by watching them work. Employees who are closely observed often resent it and work less well as a result; it's not possible to stand over someone's shoulder anyway. Unless you are eavesdropping on phone conversations or staring at someone's computer screen, you can't know whether what they are doing is work-related. Thus, eyeball management is not useful, and needs to be replaced with a focus on results--regardless of what arrangement anyone has.

Reality: Supervisors can set reasonable parameters for flexible schedules (for example, core periods are strongly advised, and employees can be required to come in for emergencies). Also, attendance records must be kept, just as for employees on more traditional schedules. Finally, overtime compensation requirements remain in effect for employees who are non-exempt from the Fair Labor Standards Act (FLSA), and overtime policies under personnel policies and contracts must be followed. (For example, non-exempt employees must still request approval in advance before working overtime.)

Reality: With proper planning, communications problems can be minimized. Some techniques and tools include sign-out boards, clear procedures regarding check-in times and hours of availability, emergency coverage, provisions for availability of and security for materials, and use of electronic tools (i.e., voice mail, e-mail, fax machines, and dedicated phone lines).

Reality: Flexible work arrangements can function as a no-cost benefit that actually increases productivity. Most of the literature on flexible work arrangements indicates that morale and productivity improve when employees are permitted even a small degree of flexibility. Recruitment capability and retention rates improve as well, and absenteeism is often reduced.

For example, a 1995 survey of 200 'Fortune 1000' companies regarding telecommuting indicated that 58% of employers reported increased productivity (on the order of 20% more productive); 61% reported reduced absenteeism; 63%, improved retention; 64%, reduced costs for office space; 63%, reduced stress; and 79%, improved morale. (Source: Bureau of National Affairs, 11/6/95.) In a 1991 study of six major Bay Area corporations conducted by this campus's Institute for Transportation Studies, "Managers reported that flexible scheduling improved productivity, morale, and punctuality, and that absenteeism declined when workers exercised some choice in their work schedules."

You must apply online at http://jobs.berkeley.edu.  There you can create a profile and submit your resume and cover letter.

To search for job openings at UC Berkeley, visit the Careers website at http://jobs.berkeley.edu.

If you are able to locate a job on the Careers website (http://jobs.berkeley.edu), then the position is still open and being recruited for.

The status of the job is available here. Until you receive information from the hiring department, you are “under consideration” for the position.

Applications can be submitted online any day of the week, at any time (24/7).  Applicants are welcome to use the Employment Services computer to submit their application during business hours (Monday through Friday, 8 am to 5 pm).  Applicants can also schedule half-hour appointments by calling (510)642-4621.

We do not accept resumes at Human Resources.  All applications, including past employment information, must be submitted through the Careers website at http://jobs.berkeley.edu.

No, just fully complete the application. If you do have a resume you can cut and paste or upload it into the application.

We are not yet compatible with the Windows 7 environment. In order for your resume to receive full consideration it should be saved in lower version.

Government regulations require that UC Berkeley track application activity. For this reason, all persons seeking employment as regular staff must apply via our website at http://jobs.berkeley.edu. Once you have applied to the job, your application is directly forwarded to the hiring department.

We are only able to consider applicants who apply online. Therefore, you must apply at http://jobs.berkeley.edu. However, you may visit our office at 2199 Addison St., Room 192 (University Hall). The reception lobby has a computer available for job application purposes. (Hours: Monday - Friday, 8:00 a.m.- 5:00 p.m.). To ensure you are able to use the computer please schedule an appointment. To do so, please call (510) 642-4621. You may also wish to consider using the computers at your local library.

Yes. Thank you for providing us with the most complete information about your employment background. You may use the same application, update or revise your information as needed on subsequent applications, thus speeding up the process.

You can only submit one document.  In order to submit a cover letter in addition to a resume, you must combine the two and save as one document.

For a variety of reasons, including privacy protection, we are not able to provide that information.  If you would like to address your cover letter, you can address it to “Dear Hiring Manager” or “Dear Hiring Committee.”

There is a login help link. You may enter your user name and get a new password sent to you via email or you may enter your email address and your user name will be sent to you via email. Please make a note of the email address you used to register, your user name and password.

Your employment application is considered a legal document, and will be used as a tool to determine whether you qualify for a specific position. Please make sure to include employment history, educational background, skills and licensures in your application and/or resume/cover letter.

Yes. You may save your application and finalize it at a later date. Your application will not be considered for the job posting until it is submitted.

While your information will remain stored in the applicant system, you will not be considered for future vacancies unless you have formally applied to the position.

You must fill out a new application for each position you would like to be considered for.

Required qualifications are the basic knowledge, skills, education and experience necessary for the position as defined in the specific job classification.

A search agent is an advanced search option that you set up in Candidate Gateway to notify you via email when jobs of interest are entered into the system. You can create multiple search agents to correspond to various keywords, departments, or job codes.

After you have submitted your application you should receive an email notification acknowledging receipt of your application. If you do not receive this email, your application may not have been successfully submitted. The application should also appear on your list of applications within your Careers home page. Contact hrmshelp@berkeley.edu if you are having difficulty with this.

Most applicants are initially contacted via telephone, but may also be contacted through e-mail. Make sure to have up-to-date contact information on your applicant profile as well as resume.

The majority of the positions on campus require a two week posting period before applications can be reviewed. In most cases the review process takes several weeks. After the department begins reviewing applications, they will contact applicants of interest directly for telephone screening and/or in-person interview.

All offers of employment to new employees are contingent upon presentation of documents demonstrating the appointee's identity and work authorization consistent with the provisions of the Immigration Reform and Control Act.

• Career Appointments are considered “regular” employment. They are defined as 50% or more of full-time for 1 year or longer.
• Contract Appointments are considered “temporary” assignments. They have a definite time period, i.e. 6-month or 1-year contract. Terms and conditions are specified in a written employment contract.
• Limited Appointments are considered “temporary” assignments. Individuals in this appointment are expected to be on pay status for less than 1,000 hours in a 12-month period.
• Partial Year Career Appointments are considered “regular” employment. Individuals in this appointment have regularly scheduled periods not to exceed 3 months per year, i.e. furlough.

Please visit the University of California ‘At Your Service’ website to view information about health and welfare benefits.

Some positions on the UC Berkeley campus are covered by a collective bargaining agreement.  Employees in positions that are covered may be required to pay an Agency Fee to their exclusive representative union.  Agency fees vary from union to union.  For more information about this, please visit the Labor Relations website.

There are several options for filling temporary needs, including hiring individuals on contract or limited appointments. You may recruit for these positions using the Talent Acquisition (TAM) system, or direct hire for limited appointments. To hire individuals on contract you must use an Employee Relations approved contract template. See information regarding temporary hires.

You may also, in some circumstances, hire through a UC approved temporary staffing agency. View more details regarding temporary agencies.

Departments may wish to recruit professional level (uncovered and non-MSP) positions on a career ladder. View additional information on Career Ladder Promotions.

Temporary waiver requests may be sent to the Talent Acquisition and Employment Services unit at careers@berkeley.edu.

You must receive authorization from Human Resources. Submit your request to compdesk@berkeley.edu.

To determine Affirmative Action recruitment goals, see the list of Control Unit Affirmative Action goals.

Affirmative Action goals also display within the TAM system.

• For all Career, partial-year career, and contract appointments: Day 15 of posting (Exception: SPC applicants are available within the first 14 days)
• Immediately for MSP and limited-900 hour postings.

Contact your Recruiter or Employment Services Manager for information regarding use of Executive Search firms.

Follow the SPC management process.

Indicate the external media venues and chart string you would like to use in the comments section of the TAM job opening. Your recruiter will work with you on coordinating the advertisement efforts.

Follow the procedures for Multi-Location Appointments for Staff.

“Positions funded by contracts and grants” refers to the funding source, not the type of appointment, and those positions that are fully grant or contract funded are not subject to the freeze. Employment contract positions are temporary appointments of various types covered by the freeze. However, contract extensions are not subject to the freeze and do not need to be resubmitted for approval.

Departments should put the position into E-Recruit and in the “Comments Box” state that the exception to proceed to hire has been approved by the Dean or VC, and state the date of the approval.

HR will send a monthly list to them of all posted requisitions.

Current postings are cancelled centrally. As soon as Human Resources cancels the posting, all applicants will receive a message communicating that the position has been withdrawn. Units are urged to use care in considering cancellations so that applicants do not receive this message in error.

The hiring freeze will continue until further notice.

Short term appointments are not intended to be included in the freeze. For example, these include backfilling behind a career employee on leave for a few months, or per diem appointments that typically last a very short time. If the appointments are for less than 6 months, and will not recur, they are excluded from this freeze.

That will depend on the individual Dean or VC. However, all parties recognize the importance of meeting business needs, especially those that are urgent.

Requests for a waiver of recruitment should be sent to the appropriate VC or Dean, with full justification. The Dean or VC will evaluate the justification and decide which requests to approve. The Dean or VC will notify the department of his or her final decision. After the request to fill the position has been approved, if the department then wants to request a waiver of recruitment to fill the position, the waiver can be sent forward to the Assistant Vice Chancellor-Human Resources per the current policy. The department should include in its justification confirmation of the Dean's or VC’s approval to fill the position.

If the work required the level of expertise of a career employee, it is not work that can or should be reassigned to student assistants. While we highly value the contributions of our student workers they are not a substitute for our permanent workforce.

The Student Assistant series is intended to provide a simple mechanism for campus departments to employ students, considering the unique working conditions of students and their purpose and intent in relation to employment on the campus. It also allows the campus to more easily distinguish students from career and limited-term support staff, since the titles and title codes for students are not used by other staff employees; conversely, all students should be placed in these four titles and not in any other staff title.

The four-level Student Assistant series has broad salary ranges which are intended to give departments great flexibility in setting their student employees' salaries and minimizes the administrative burdens of student employment. The appointment type is "casual-restricted" which is used only for UC Berkeley students. "Casual-restricted" employees are not represented by a bargaining unit, but are covered by the Personnel Policies for Staff Members.

Students should be placed in an appropriate Student Assistant level based upon the nature of the work, level of assignment, and complexity of the work performed. The four Student Assistant levels have been previously mapped to staff titles based on these criteria. Look up the title that most closely fits the nature of the student's work and find the comparable Student Assistant level. If the nature of the student's work does not fit any of the titles that have been mapped, call Human Resources Compensation Unit (642-2799) for assistance.

Campus Jobs: Please use the appropriate Student Assistant series level title for all official paperwork purposes. (e.g.- use "Assistant I" rather than Clerk, "Assistant II" rather than Senior Clerk/Secretary, "Assistant III" rather than Resident Advisor). You can also use a working title to help advertise for the position opening and to describe the position to applicants if the working title is more descriptive of the work.

Work Study Jobs: In the case of a student continuing employment from a previous period, refer to the former working title. Use the "Assistant I, II, III, or IV" title that is appropriate. In the case of a new student, use the same working position title as was used when hiring students in previous similar employment. Again, find the appropriate "Assistant I, II, III, or IV" title at the above website.

The normal hiring salary is within the range for comparable staff work, and normally the entry salary is at the lower end of that range, unless there are unusual skills, knowledge, ability, or experience that supports a higher level. If there are no comparable campus positions, contact your departmental compensation consultant.

Campus Jobs: Student campus jobs are listed on the Career Center's website via Callisto, the on- and off-campus jobs resource for all UC Berkeley students. Review the Guidelines for UC Berkeley Campus Employers for Callisto registration and job posting information. For any questions, contact the Career Center at 642-0464 or jld@berkeley.edu.

Work-Study Campus Jobs: Job requests may be posted online. Go to the Work-Study website and follow the instructions to obtain an employer ID and password. Jobs may be listed, modified or purged at your convenience. For questions, contact the Work-Study Office at 642-5625.

Student jobs are restricted to UC Berkeley students who are registered for the current academic semester, or in the grace period immediately before or after academic semester registration (grace period defined as a semester or summer, whichever is before or after the period of enrollment).

Graduate students are not allowed to work over half-time per week on average over the period of the term, unless a waiver is granted by the Graduate Division.

Campus Jobs: Undergraduate students are allowed to work over half-time per week on average over the period of the term. However, departments should remember that student's primary obligation is to their studies and the number of working hours should take into consideration the student's academic workload.

Work-Study: There is no restriction per federal or state guidelines. However, employers should be aware that students may accrue eligibility for benefits when working at half-time or better during any given payroll period. These benefits must be paid from employer funds only.

Student employees who hold casual-restricted appointments are excluded from the provisions for limited appointments.

Please refer these types of questions to your Departmental HR Manager, departmental benefits counselor, or departmental HR assistant.

No. Normally only one representative is allowed in a meeting between you and the employee. Ask the employee to clarify for you which individual will be the representative before you schedule a meeting.

In non-grievance meetings with one employee and a representative, your Employee Relations Consultant will be present to represent campus management interests. In grievance meetings, or in meetings with groups of employee and union representatives, a Labor Relations Specialist from Human Resources will represent the University.

No. For example, a union representative is not appropriate in meetings to give work assignments, coaching sessions, or performance evaluation discussions. However, employees have a right to have a representative present if they reasonably believe that disciplinary action will result from a meeting.

No. As a federal contractor, and under the terms of SP-2 and Proposition 209, the University must comply with federal laws and regulations regarding affirmative action. The University must continue to develop and implement affirmative action plans that identify areas of underutilization of minorities and women. Hiring authorities should demonstrate good faith efforts to eliminate underutilization through actions such as target recruitment to underutilized groups.

No. Affirmative action policies provide equal opportunity to those groups which have been systematically denied it. Affirmative action is not the source of discrimination, but the vehicle for removing the effects of discrimination. A recent Labor Department report found fewer than 100 reverse discrimination cases among more than 3,000 discrimination cases between 1990 and 1994. Discrimination was established in only 6 of the 100 cases or .02% of the total number of discrimination cases in this period. The report found "many of the [reverse discrimination] cases were the result of a disappointed applicant...erroneously assuming that when a woman or person of color got the job, it was because of sex or race, not qualifications." (S.F. Chronicle, 3/31/95)

Employers are not expected to establish any hiring practices that conflict with the principles of sound personnel management. No one should be hired unless there is a basis for believing the individual is the best-qualified candidate. In fact, affirmative action calls for the hiring of qualified people. "The goal of any affirmative action plan should be achievement of genuine equal employment opportunity for all qualified persons." (Code of Federal Regulations, Title 41, Part 60-3.17.4)

Yes. Quotas are rigid and exclusionary; they imply, "This is what you must achieve, no matter what." Goals are flexible and inclusive; they imply, "This is what we think you can achieve if you try your best." Goals are simply program objectives translated into numbers. They provide a target to strive for and a vehicle for measuring progress. The campus does not use quotas, but sets goals for those job groups where underutilization of minorities and women is identified.

A historical body of information on an employee from date of hire to present, maintained by the person's name or by some identifying number or symbol.

Job related items, including job descriptions, HCM Transaction Notices, where appropriate, and Emergency Data records; selection records, including application, resume, tests, and offer/acceptance letters; employee development records, including education updates, classes, degrees, and completed training; performance records, including performance appraisals, counseling memos, disciplinary letters, commendation letters, and Special Performance or Achievement Awards; separation records, including resignation letters, termination checklist, and exit interviews.

Anything not directly related to the job, including pre-employment information, reference information, grievances, outside agency complaints, affirmative action/EEO data, credit reports, and garnishments. Workers' Compensation records stay in the file, but should be removed before a file is shown to a potential hiring department.

Normally in the Department Personnel Office or the supervisor's office.

Before you place any documentation in a personnel file, have a conversation with the employee. The employee should receive a copy of all material placed in the file.

The employee or designated representative, the employee's supervisor, a prospective hiring department, Employee Relations and Labor Relations staff and other UC offices with a specific need.

As soon as is practical, but no longer than 30 days after making the request, as described in policy and contracts.

Employees may request correction or deletion of a record containing information about themselves. Policies and contracts specify method, time frame, and to whom requests should be addressed.

You should not charge for the first copy of an employee's own record; a fee of 10 cents per page may be charged for additional copies (no charge for time spent locating or assembling the file).

• A supervisor makes sexually explicit comments and propositions the employee.
• A female custodian is subjected to derogatory and vicious jokes, pornographic and demeaning cartoons, and naked photos with her name written on them, posted in public view.
• A supervisor offers an employee a better job, extra help, or reclassification in return for sexual attention or threatens to take adverse action for refusing.
• A coworker repeatedly asks an employee out on a date and makes sexually suggestive comments to the employee.

• A single unwelcome sexual comment or advance.
• A supervisor who makes a few mild advances for a few minutes, stops, and apologizes with apparent embarrassment.
• A small number of minor incidents is less likely to constitute actionable sexual harassment.

It depends on the seriousness of the incident. The appropriate corrective action may include a strong verbal warning, written warning, transfer, administrative leave, suspension, demotion, firing. Generally, you would take the same types of action taken for other forms of employee misconduct.

These cases are the most difficult to resolve. A thorough investigation is critical.

Our staff recruitment processes and the TAM (Talent Acquisition Manager) system are set up to fulfill the applicant tracking requirements of the regulation.

We ask that hiring managers review their selection procedures and ensure that every applicant's status is recorded accurately and completely in the TAM system. This may require close coordination and communication with the departmental TAM originators. For example, the hiring manager should provide the originator with a list of all applicants with deselection reason after the applicants have been reviewed and interview candidates are selected so that the originator can update the deselection or interview status completely and on a timely basis.

Hiring managers are also reminded that they need to complete and sign the Interview Data Form (IDF), attach the required paperwork (published minimum qualifications for the job, selection criteria, and interview questions), and file. [Note: This will shift to an online Interview Evaluation section in TAM when that is completed. Information will be sent out when it is ready.]

The regulation extends beyond just providing a new definition of applicant in the internet era. The regulation created new obligations for applicant tracking record-keeping, instructs employers when and how to consider employment tests, directs employers to document the use of resume databases, and statistical analysis of applicant flow data.

For more information, see OFCCP’s Internet Applicant FAQs and the new regulation.

These deselection reasons are most likely to be used during the select for interview stage:

• Minimally Qualified
• Not Minimally Qualified
• SPC-Not Minimally Qualified

These deselection reasons are most likely to be used during the interview, offer, and eligibility checking stages:

• Accepted Another (non UCB) Job
• Failed to Show Up at Interview
• Ineligible - Employment Cond
• Lacks Required Credentials
• Minimally Qualified
• Misrepresentation
• Offer Rejected
• Other Hired - Outstnding Cnd
• Selected for Other UCB Position
• SPC-Refused Offer
• Unable to Contact
• Withdrawn

These deselection reasons are applied by the system:

• MinimallyQualified-OtherHired
• Requisition Cancelled

The Interview Data Form (IDF) is the final step in the process of closing a recruitment. The IDF documents the interview process and demonstrates the legal basis for making your hiring decision, ensuring uniform review standards were applied to all candidates interviewed.

The hiring department is the office of record for the completed IDF. It is important to keep this document in an accessible place so that the IDF can be made available upon request; e.g., a request from an applicant who was interviewed. The IDF may also be used as documentation in official proceedings regarding employee complaints and grievances, in Unfair Labor Practice cases, EEOC/DFEH complaints, and other legal actions.

As a federal contractor, the University of California is required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Proposition 209, approved by the majority of Californians who voted in November 1996, banned the use of race, religion, sex, color, ethnicity, or national origin as criteria in its employment practices. However the proposition permits “action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in loss of federal funds to the state.” Since the University of California is a federal contractor, it is required to maintain an affirmative action program to retain eligibility for federal funds.

Yes, our status as a federal contractor and related obligations extend to all divisions and departments of the University of California, not just to the faculty and departments who receive federal contracts funding.

The Office of Federal Contracts and Compliance (OFCCP) monitors compliance of federal contractors and conducts audits. Penalties for non-compliance can range from fines after an on-site audit to loss of all federal contracts. OFCCP collected approximately $45 million for 14,761 American workers in fiscal year 2005.

The University of California uses race/ethnicity data in the statistical evaluation of employment and contracting policies to ensure compliance with its own employment policies and with federal and state regulations (including Proposition 209) regarding equal employment opportunity for all employees, including applicants. As a federal contractor, UC is further required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Affirmative action programs require employers to collect data to identify and analyze potential problems in the participation and utilization of women and minorities in their work force.

At UC Berkeley, all applicants are asked to voluntarily provide their race/ethnicity and gender immediately after submitting their application online. Once hired, employees are asked to use the Demographic Data Transmittal Form to voluntarily provide their race/ethnicity, disability status, and veteran status. Race or ethnicity is not assigned or visually identified or recorded if an employee declines to state his or her race or ethnicity.

In the recruitment and selection process, applicant race/ethnicity information is presented in an aggregated (summarized) format to help recruiters and hiring managers assess the total applicant pool and determine whether good faith efforts in inclusive outreach have been successful, given affirmative action recruitment goals. Recruiters and those involved in the selection do not have access to the race/ethnicity of individual applicants. Department staff involved in the selection and hiring process are not allowed to provide any preference to applicants on the basis of race, ethnicity, color, national origin, or sex, according to both state and federal compliance requirements.

Similarly, decisions about personnel actions for employees (including but not limited to salary increases, promotion, transfer, and termination) cannot be made on the basis of race, ethnicity, color, national origin, or sex. This data is confidential and used only for limited purposes. Affirmative action analysts in Human Resources use aggregated race/ethnicity information to monitor for possible discrimination in employment practices.

Many Human Resources processes in HCM will be impacted by Position Management, though, in a minimal way. Departments will still use Job Data and Person Data as they have been using them. Similarly, processes for approving positions, creating a job post in TAM, and recruiting will remain mostly unchanged. However, processes like hiring a person into a position and reclassifying a position will now also include Position Data. Other processes that will be impacted include (and are not limited to):

• Managing hires – Processing a new hire through TAM
• Updating payroll funding
• Add an Academic POI (Person of Interest) as an Employment Instance
• Rehire a Former Employee
• Transfer an employee into a department

Positions should be created after they have been approved. Though one of the greatest benefits of Position Management is that it can retain and manage vacant positions, only vacant positions that are approved and intended to be filled should be active in HCM.

No. Besides populating the position number, no HCM Job Data will be changed as a result of implementing Position Management. Current edits that exist on the job will continue to exist. Additionally, the interface to PPS will NOT be impacted by the introduction of Position Management.

No. All hires, with the exception of contingent workers/affiliates, must be linked to an HCM position. The main job page cannot be saved without a position number.

The Position Management Team along with Central Human Resources documented the position approval and position creation processes. The Future State Position Management Process Workflow Map  (PDF) is available on the Position Management website. It is possible that the approval process will vary depending on your departmental business process.

Positions will not be deleted in order to maintain a historic record. However, it is possible that a position will be inactivated as business needs change. A position in HCM can only be inactivated when no employee currently holds that position. As with position creation and approval, a general business process is currently being developed with Central Human Resources. The process can vary depending on the departmental business process.

No, future-dated positions were not created automatically in the conversion. Some departments submitted future-dated positions during the Data Collection exercise, and these positions were manually created for the departments.

Though Position Management enables multiple headcount on any position, due to other processes (like reclassification), it is best that certain academic positions are always managed with single headcount.

CalPlanning will automatically pool some non-faculty academic positions in HCP for budgeting purposes. It is possible that a department will manage these positions as multiple headcount positions depending on the department's needs. This chart of these positions will be published in December.

Non-faculty positions, especially those with high turnover, like postdocs, researchers, specialists, and lecturers, can be left vacant at separation and will be reused. It is important to review the Position Data before hiring a new employee into the position to ensure all the data has not changed from one appointment to another.

Vacant non-faculty academic positions do not need to be handled any differently than other vacant positions. Faculty positions will be inactivated at separation and will not be vacant.

The Central Budget Office (CBO) will review the University's rosters to audit faculty positions to ensure data integrity. While the CBO recommends that departments audit their non-faculty academic position data on a monthly basis, it will be up to the departments’ discretion to decide how to audit these position rosters and how to inactivate positions that are no longer necessary.

Academic jobs do not look different in HCM Position Management from any other jobs. All jobs, including WOS jobs, will need positions before an employee can be hired.

The Position Chartfield is considered the on-going chartstring, while the Job Chartstring is the chartstring that PPS uses for payroll. CalPlanning is going to pull incumbent data (the Job Chartstring) for positions that are filled, and it will pull Position Data if the position is vacant. Therefore, while a position is filled, update the Job Chartstring with any funding updates.

Instances when a department may review or edit Position Chartstring(s):

• When a position becomes vacant
• When your department is preparing for a data pull into CalPlanning
• When there has been a significant shift in funding from unrestricted funds to restricted funds (or vice versa) and it is an on-going funding change

The Position Management module in HCM includes functionality to manage and track positions in a new way. For instance, positions can have multiple headcount. That is, when multiple roles share the same position attributes, a department may choose to hire multiple people into the same position. This increases the position’s headcount. This can be an easier way to manage a large number of positions, by consolidating them into one row of data.

The multiple headcount method of adding a new position requires that every employee within the position must share an identical set of Position Data. If one employee in a multiple headcount position needs its Position Data edited, a new position must be created and the existing position's headcount must be lowered. To simplify position data changes, some departments will choose to maintain a single position for every job.

At conversion, all positions will be created at a 1:1 ratio. Every job in HCM and vacancy in PRT will receive its own position. The one exception is undergraduate students whose jobs will be converted as multiple headcount positions due to their similarity within departments and high turnover rates.

Ultimately, this is a decision each department can make – either as a general rule for all positions or as a specific decision for each position.

For more information regarding the Position Management Roster, FAQs, training, and support, please visit the Position Management website.

Striking is a serious matter, especially when it affects vital public services like patient care. State law requires that strikes should be considered only as a last resort after all other options have been exhausted. Strikes that pose a substantial and imminent threat to public health or safety are illegal under state law. Even if a strike is legal, it may be an unfair practice under state labor law.

UC believes a strike targeting patient care employees at UC medical centers would pose an imminent threat to public health and safety and improperly withhold health care from members of the public. UC also believes AFSCME has not, in good faith, explored all options through the bargaining process. Further UC considers it highly inappropriate for AFSCME to threaten patient care as a tactic in contract negotiation.

Yes. In 2008, AFSCME leaders called on UC patient care employees to strike at all five UC medical centers. UC petitioned the Public Employment Relations Board, the state agency that oversees public sector collective bargaining, to request a restraining order against the strike on UC's behalf. PERB issued a complaint against AFSCME for bad-faith bargaining and for encouraging employees to strike even though their absence from work would clearly endanger the public's safety. The Superior Court of San Francisco issued a restraining order prohibiting the union's strike.

If AFSCME's strike is deemed illegal or unprotected then other unions joining the strike would also be engaging in illegal or unprotected activity. Also many of UC's labor contracts contain "No Strikes" provisions so any union with such a contract who joins AFSCME's strike would be in violation of its own contract.

No employee is ever under any obligation to strike. Unions are legally prohibited from threatening or coercing members in other ways to keep them from coming to work. However, some unions have the right to levy fines against members, but not agency fee payers, who choose to work during a strike, including a sympathy strike. The employee needs to contact her/his local union representative regarding possible penalties for union members not striking.

Under California law, if there is no contract in effect between the University and the employee organization, an employee in that bargaining unit is free to resign his/her membership from the employee organization. However, the issue of union membership is also governed by the rules and bylaws of the employee organization. Employees should check with their union representatives regarding this issue, including the correct procedure for resigning union membership.

At Berkeley, picketers have always been committed to their position but respectful of the rights and views of others. Pickets are lawful so long as they are peaceful, conducted only on public property (i.e., sidewalks), do not block access for other employees, do not interfere with the normal course of business, and do not prohibit non-striking employees from working. The University will assist employees who want to work by providing security or transportation across the picket lines. In addition, non-striking employees should avoid confrontations and need not respond to any comments that picketers may direct at them. Non-striking employees should not invite or engage in any exchanges, which might inflame the situation. If an employee feels s/he is being harassed or prevented from working by picketers or striking employees, the employee should notify their supervisor or the Berkeley campus Labor Relations office (510-643-6001) (labrel@berkeley.edu).

Employees who come to work will receive their normal compensation and benefits.

Employees will not be paid for time lost due to participating in a strike. Employees will not be allowed to use accrued Compensatory Time Off (CTO) or vacation leave to cover strike days. Benefits that are affected by the percentage of time worked during the month may be affected. Please see special separate provisions regarding employees who call in sick on a strike day.

UC has a long tradition of respecting the civil expression of individual views, and individual employees are free to express their rights so long as such participation is on their personal time, does not conflict with their agreed upon work duties, or violate established University policies.

The University will presume absences from work during any declared strike period are strike related, and authorization for an absence from work during the strike period may not be given depending on operational needs and applicable policies or collective bargaining agreements. Employees who are absent from work without authorization during a strike may face the possibility of disciplinary action for cause if the strike is unlawful or unprotected activity.

The University and AFSCME have concluded the fact-finding process which involved presenting the disputed bargaining issues to a three member panel. The panel will issue an advisory non-binding report that is designed to assist the University and AFSCME in reaching an agreement through additional negotiations. If these negotiations following the conclusion of fact-finding are unsuccessful, the employer may unilaterally impose some or all of its bargaining proposals, and the union may attempt to call a strike. It is important to remember that the University continues to work hard to reach a negotiated agreement that is fair to the PCT bargaining unit and protects the interests of University Medical Centers.

The University may take reasonable and prudent actions to prepare for a strike such as hiring temporary employees or reassigning work. However, all plans should be made in consultation with your labor relations department. In general, all actions must be consistent with applicable contract provisions and firmly based on operational necessity.

The University will presume that – absent medical certification – absences from work during any declared strike period are strike related. Authorization for absence from work (e.g., vacation leave) may or may not be given depending on operational necessity and without regard to the employee's reason for the requested leave. Departments may ask employees who state that they are ill on a strike day to bring in medical verification of illness.

In UC's view, the key issue blocking a deal is AFSCME's objections to UC's pension reforms, which include:

• Increased contributions toward the cost of pension benefits from both UC and employees (currently 10 and 5 percent respectively, increasing to 12 and 6.5 percent respectively July 1, 2013).
• A new category ("tier") of pension benefits for employees hired on or after July 1, 2013.
• Revised eligibility rules for retiree health benefits.

Like many employers, including the State of California, UC is enacting pension reforms to help address a $24 billion unfunded liability to its retirement programs, and enable UC to continue to offer pension benefits that adequately recognize employees' service and also are financially sustainable.

UC's reforms apply to tenure-track faculty and staff hired on or after July 1, 2013. Eight UC unions representing 14 bargaining units have agreed to these reforms. UC's pension reforms are also similar to what has been implemented for state employees, some of whom are represented by AFSCME. AFSCME has not accepted any of UC's proposals, and is demanding its members pay less than other UC employees for the same benefits which UC believes is unfair to other employees.

UC is offering a competitive total economic package for patient care employees that includes:

• Up to 3.5 percent annual wage increase for the next four years – increases that are on top of the 5 percent wage increases AFSCME members received in each of the last two years, a time when many other UC employees received smaller increases or no increases.
• Excellent health care benefits.
• Quality pension and retiree health benefits that few public or private organizations nationwide offer.

As the bargaining record shows, UC has been bargaining in good faith with AFSCME for nearly a year. Negotiations have included help from a state mediator and a neutral fact-finder. UC remains open to compromise and is committed to reaching a fair and financially responsible contract for employees, but UC cannot do it alone. AFSCME leaders must engage in a substantive way.

Absolutely. Your manager is another source for answers and information.

The employee should contact his/her exclusive representative. See Contact Information and Contracts.

Under the law, unless one has been designated a conscientious objector, payment of union dues or the Agency Fee is a condition of employment. Employees who refuse to pay the dues/fee cannot remain University employees.

The Agency Fee may be rescinded (or eliminated) by a majority vote in a secret ballot election of all employees in a particular bargaining unit. To hold an election, a petition must be served on the Public Employment Relations Board (PERB) containing signatures of at least 30% of the employees in that bargaining unit. No more than one vote can be taken during the term of any contract in effect on or after January 1, 2000.

No, under the law the fees will be automatically deducted like taxes and Social Security.

If an employee is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, the employee should contact his or her union to seek exemption from the Agency Fee. Exempt employees are required to donate an amount equivalent to the Agency Fee to one of three non-religious, non-labor charities designated jointly by the union and the University. The union is solely responsible for deciding the employee's objector status. If the employee does not know what union to contact,  Human Resources' Labor Relations Office (labrel@berkeley.edu) can assist.

Limited appointment employees covered by a collective bargaining agreement are subject to the deduction. Students in limited positions are thus also subject to the fee. Students in casual/restricted positions are not covered by collective bargaining agreements and are, therefore, not subject to the fee.

No.

All University employees covered by a collective bargaining agreement who are not currently paying union dues could be required to pay the Agency Fee. The following unions have opted to implement Agency Fees:

• AFSCME (American Federation of State, County and Municipal Employees) for employees covered by the Service and Patient Care Technical labor agreements
• CNA (California Nurses Association) for employees covered under the Nurse agreement
• CUE (Coalition of University Employees) for employees covered under the Clerical agreement
• GCU (Graphics Communications Union) for employees covered under the Printing Trades labor agreements
• UAW (United Auto Workers) for employees covered under the Academic Student Employees agreement
• UPTE (University Professional and Technical Employees) for employees covered under the Technical, Staff Research Professional, and Hospital Professional Residual labor agreements
• UC-AFT (American Federation of Teachers) for employees covered under the Non-Senate Instructional and Librarian Memoranda of Understanding

A union is an organization which has as one of its purposes to collectively bargain the wages, hours and conditions of employment of a particular group of employees. It acts as your exclusive representative for these purposes. In order for the union to become your exclusive representative, a sufficient number of employees must show an interest in being represented.

If, through the representation process, the union represents you, it also represents all employees like you throughout the UC system. The union has the authority and the exclusive right to negotiate with UC management on the amount of wages, benefits and working conditions that the employees will receive. The legal power to negotiate as an individual would change and the union would become the agent for all employees in the bargaining unit. Once the union represents you, potential wage increases could be less a matter of individual performance and achievement, and would be the outcome(s) of the collective bargaining process.

There are two ways that this can occur.

A union can collect enough authorization cards from you and your coworkers. It will need to collect cards from over 50% of the designated group of employees (called a bargaining unit) to automatically become your collective bargaining representative.

It can also happen by a vote. In order for a vote to happen, the union would have to collect authorization cards from at least 30% of the bargaining unit. Then the Public Employment Relations Board (PERB) would hold an election. In order for the union to win the election, 50% of the employees who vote would have to vote in favor of unionization. If that happened, you would be represented by the union.

An authorization card is a document giving your permission for the union to represent you and requires your signature.

It means you are choosing the union to act as your representative. A union may submit these cards to PERB, and based on a card check and not an election, become your exclusive representative if it obtains a majority of signed authorization cards. If a union obtains less than a majority but more than 30% of signed authorization cards, there will be an election.

Yes. If the union submits enough cards (50%+1), then there will be no election and the Union would be legally certified as exclusive representative for all employees in the bargaining unit. There would be no opportunity to vote.

Yes. There is such a process called decertification, which is also driven by employee choice. This process is complex and can take a long period of time. It requires the filings of a certain amount of cards and a subsequent election.

The University would not and cannot be involved in this process.

No. If the union is certified as your bargaining representative, you will have the option of joining the union or being represented by the union.

If you are a member, you have the right to vote on union business. You can elect union officials, vote on negotiation issues depending on the union, or ratify the collective bargaining agreement.

If you are not a member, then the union will represent you without your voting.

No. If the union collects enough cards, there will be no election and there will be no vote. Then your signature on the authorization card is your vote for the union. But if the union does not get enough cards, and there is an election, you may vote your opinion as of the date of the election. You are not bound to vote for the union on the basis of your signature.

Under current PERB case law, authorization cards cannot be revoked.

If the union collects more than 30% of the signed authorization cards but less than a (50%) majority, PERB will hold an election. You will have two ballot choices:

1. "No Representation" – this means you DO NOT WANT unionization
2. The union’s name– this means YOU DO WANT unionization

Whichever option receives a simple majority of the votes cast wins. If a majority of those voting select "No Representation" you will continue to participate in the University's personnel programs for non-represented employees.

No. A majority of the employees actually voting determines the outcome. If only 100 people vote, then only 51 need to say yes. They would end up deciding for every other employee in the group. This is why you should make sure to vote.

No, if your position is included in the bargaining unit, you may – and should – vote.

The University adheres to the principle that representation by a union is a matter of employee choice.

UC supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. The University believes that its role is to ensure that you have an informed choice when faced with this important decision and to ensure that you understand the process.

No. Membership in the union is up to you. By law you cannot be forced to join the union. However, you will have to pay something to the union for its representation. These are called “agency fees”. The amount depends on the union.

Generally, once a union is certified, all employees represented by that union are subject to paying either dues or fees.

The union determines the amount of dues and fees. The union would be able to inform you about their current dues structure. If you have questions about the dues structure, then you should make further inquiries directly to the union.

Each union has its own rules about whether all employees or only union members (i.e., dues-payers) can express their views on contract matters.

All wage issues will be subject to the collective bargaining process.

No. These matters are part of the negotiations process between the University and any union certified to represent a unit of University employees.

You have several options. As long as you are not using work time or an inappropriate location where you are interfering with operations, you can make your opinions known.

You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You may also choose not to sign an authorization card if you are not in favor of it.

If there is an election, you can vote for union representation or you can vote against it.

Proof of Service is a method of verifying that a document has been transmitted to an individual, union, or an individual's representative.

A Proof of Service may be required under certain provisions of a collective bargaining agreement or the Personnel Policies for Staff Members (PPSM). Managers and supervisors should review the appropriate article or policy when taking an action. In addition, a Proof of Service is required for management responses to employee grievances.

When delivery is to be made by personal presentation, the person who will actually deliver the document(s) should complete the Proof of Service - Personal Delivery  (Word) form and hand the document to the addressee. Some points to remember:

• The individual who signs the Proof of Service must actually hand the document to the addressee.
• The signator on the Proof of Service cannot be a party to the subject matter of the document. In other words, the supervisor signing the discipline letter cannot sign the Proof of Service.
• The signator to the Proof of Service should not be a bargaining unit employee or a subordinate of the individual to whom the document is addressed. When Personal Delivery is used, a supervisor should have another supervisor handle the delivery.
• A copy of the Proof of Service form(s) should be attached to copies of the transmitted documents that will be retained in the department. If responding to an employee grievance, a copy of the response and Proof of Service form(s) should be sent to the Labor Relations Specialist assigned to the case.

When delivery is by United States Mail, the person who is going to mail the document fills out the Proof of Service - Mail Delivery  (Word) form and mails it with the document. Some points to remember:

• The envelope should be addressed to the employee's last known address.
• The signator on the Proof of Service cannot be a party to the subject matter of the document. In other words, the supervisor signing the discipline letter cannot sign the Proof of Service. Also, the signator to the Proof of Service should not be a bargaining unit employee or a subordinate of the individual to whom the document is addressed.
• The person signing the form should place the document(s) in the envelope, including a copy of the Proof of Service, seal it, and affix sufficient US Postage to insure First Class delivery.
• The person signing the Proof of Service form should deposit the envelope in a United States Postal Service (USPS) deposit box before the last scheduled pickup on the date the Proof of Service is signed.
• A copy of the Proof of Service form(s) should be attached to copies of the transmitted document that will be retained in the department. If responding to an employee grievance, a copy of the response and Proof of Service form(s) should be sent to the Labor Relations Specialist assigned to the case.

• Work Address - Signator of Proof of Service form should identify his/her campus address (include city, state, and zip code).
• Date of Delivery - The date the document is handed to the employee.
• Date of Mailing - The date the document is placed in the USPS Mail box.
• Subject of Document - Identify document (Example: Intent to Dismiss).
• Name of Recipient - The name of the individual to whom the document is being personally delivered via Proof of Service.
• Location of Recipient - Identify the work location of the recipient if delivered at work (Example: Physics, 366 LeConte Hall, University of California at Berkeley).
• Name, street address, city, state, and zip code - Identify the name of the individual to whom the document is being mailed and the individual's mailing address.
• Name/Signature - The name of the individual who will be handling the Proof of Service.

The transition is part of a system-wide plan to bring employees at all UC locations onto a standardized pay schedule, with the goal of improving the quality and efficiency of UC's business processes. The new system provides several benefits, including:

• A systematic approach to payroll time reporting
• Standardized payroll cycles across all UC locations
• More efficient and effective time reporting
• Fewer manual adjustments

• Employees will receive overtime pay more frequently.
• Employees, including students, will be paid every other week.
• The campus will reduce the number of pay cycles from 9 to 2, and standardize the pay period reflected in the employee’s paycheck.

No. All nonexempt employees will be making the switch to biweekly pay. For union-represented employees, the change is subject to collective bargaining.

• Nonexempt employees are eligible for overtime under the Fair Labor Standards Act (FLSA) and record their actual time worked.
• Exempt employees are not eligible for overtime.
• If you are unsure of your exemption status you can
  • Check with your supervisor
  • If you know your title code you can use the Title Code System (TCS) Web Inquiry tool to determine whether you are exempt or nonexempt.

Exempt employees receive a predetermined salary each pay period, regardless of the amount of time worked, and are not eligible for overtime. Exempt employees are required to report only non-productive time, such as vacation or sick time.

Yes. Announcements will be posted on the Central Payroll website. If you have questions for which you need immediate assistance, please email biweekly@lists.berkeley.edu.

• Informational resources will be provided in the form of a biweekly toolkit on the web.
• To help bridge the transition weeks, a Transition Assistance Program will provide eligible employees with the option of a short-term, no interest loan of $100 to $1,000 from the University and/or a cash out of up to 80 hours of leave from employee’s existing accrued vacation time and/or accrued compensatory time.
• CalTime will provide an automated tool for employees to record time worked via computer or time clock, depending on the job and the unit.

• The Payroll and HR websites – for answers to question about the details of biweekly pay cycles and the Transition Assistance Plan
• Your HR representative – for questions about non-exempt status, and overtime reporting
• Unit managers – for questions about the impact on processes in your units

Employees in non-exempt positions accrue vacation leave and sick leave depending on percentage of appointment and time worked, and/or duration of appointment. They can earn overtime and may be paid for it or take compensatory time. Time off and time worked are recorded to the nearest quarter hour. Note: Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding any holidays).
Employees in exempt positions also accrue vacation and sick leave; however, they do not earn overtime or compensatory time. Time off and time worked are recorded in whole-day increments for purposes of pay. A "whole day" may be less than eight hours if an employee’s appointment is less than 100% time.

Time is reported to the nearest quarter hour only for employees in non-exempt positions. When a non-exempt employee takes time off for sick leave and vacation leave (if it is less than a full day), it is recorded to the nearest 15-minute increment.
For example, if an employee returns from a medical appointment at 17 minutes past the hour, you would record 15 minutes. If the employee returns at 24 minutes past the hour, you would record 30 minutes.

Generally, vacation accrual rates are based on the employee’s length of service with the University. There are also some differences depending on the employee’s personnel program. Refer to the PPSM Absence from Work Policy (PDF) and labor contracts for specific accrual rates.

For employees in non-exempt positions, Family and Medical Leave Act (FMLA) leave is recorded in the same way as any leave without pay, sick leave, or vacation leave: to the nearest quarter hour. Compensatory time is not counted toward FMLA leave.

For employees in exempt positions, FMLA leave will normally be recorded in whole day increments. The exception is that if the employee takes FMLA leave as a reduced schedule or as intermittent leave, you should record the time hour-for-hour. Please see the appropriate FMLA section of the Absence from Work Policy  (PDF) for a full explanation.

No. These employees are not hourly workers; therefore, it is contrary to University policy to track time in this way for pay purposes. It would also constitute a falsification of time sheets to deliberately record whole-day absences that had not occurred.

It would depend on the exempt employee’s schedule for the particular day of sick or vacation leave. If on one of the sick or vacation days, the exempt employee was scheduled to work 8 hours – it would be 8 hours of sick or vacation leave reported. If on one of the sick or vacation days, the exempt employee was scheduled to work 4 hours – it would be 4 hours of sick or vacation leave.

Looking at the last two columns in the appropriate vacation leave tables, find the row that includes 90% time on pay status. The adjacent row will tell you how many hours of vacation that employee earns.
For example, looking at the PSS vacation leave table, a PSS employee who has less than 10 years of qualifying service on 90% pay status would earn 9 hours of vacation leave per month.
Likewise, looking at the last two columns of the sick leave table, the row that includes 90% time on pay status corresponds to 7 hours earned for sick leave each month.

• How many vacation or sick leave hours does the employee take per day?
  For both the non-exempt and exempt employees, the sick or vacation hours taken reflect the hours scheduled for the day. In this case it would be 10 hours vacation, or 10 hours sick leave.
• If a holiday falls on Monday, what then?
  The non-exempt employee gets the holiday (8 hours), but would need to add 2 hours of vacation (or could work or use comp time to make up the 2 hours). The exempt employee gets the holiday, but would not have to make up the two hours.
• If a holiday falls on Friday, what then?
  Both the non-exempt and exempt employees may take another day off.

An exempt employee is given holiday pay according to his/her percentage of time. A 50% exempt employee would receive 4 hours for the holiday and get the full day off. (Refer to the Holiday Pay Table percentage column). If the holiday was one in which the exempt employee was scheduled to work 8 hours, the exempt employee does not have to add additional vacation hours, or make up the time that week. However, the exempt employee is still expected to complete the work required for that week; less emphasis is placed on working a specified number of hours.

With the exception of certain holidays listed in each contract, an employee required to work on a holiday shall be paid at the employee's regular rate of pay for the hours actually worked. In addition, at the option of the University, an eligible employee shall receive either compensatory time off or holiday pay at the regular straight time rate, including any shift differential. To determine exactly how specific holidays are to be paid, please review Personnel Policies for Staff Members or the correct contract.

Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding the holiday).
Example:In January 2010, there were 168 working hours, including holidays. (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
To meet a 70% appointment, the employee needs to work 70% of 152 hours, which is 102 hours.
At 102 hours, the employee would accrue 5 hours of holiday pay.
Depending upon hours in a particular month, the employee may have to add comp or vacation time to be sure he/she meets the fixed 70% appointment.

• If a holiday falls on Friday, the employee’s day off, does the employee get the holiday?
  Yes. Because the employee is on a fixed percentage of 70%, the employee would get paid for the holiday. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.
• If the employee works on the holiday, what happens?
  The employee would get paid for the hours worked. In addition, with supervisory approval, the employee may take another day off - perhaps in the same week. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.

A non-exempt part-time 70% variable appointment means the employee will generally work at least 50% each month and no more than 70%. (Note: the employee could work more than 70% time if the supervisor required it). Since the employee’s appointment is variable, accrual of holiday time will vary, depending upon the hours worked, which may vary each month.
Example: if the employee worked 102 hours in January 2010, January has 168 hours and 2 holidays (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
At 102 hours, the employee will have accrued 5 hours of holiday pay.

Yes, but overtime is based on time on pay status in excess of 40 hours in a work week. If a part-time employee works more than his/her usual hours in a week, but less than 40 hours, it would not constitute overtime. It would simply be additional regular time to be paid. A part-time non-exempt employee can, however, earn more vacation, holiday and sick leave if he/she works over the hours of his/her tandard work week.

The employee must work more than 40 hours of actual work in a work week to receive premium overtime. This employee should receive 5 hours of overtime straight (OTS) and 3 hours of premium overtime (OTP) for the Saturday work.

The maximum or accrual cap is the amount designated for the employee’s category, pay status, and years of qualifying service by Personnel Policies for Staff Members, the Academic Personnel Manual, or the union contract. In most cases the maximum allowable accrual is two times the employee’s accrual for one year.

The maximum accruals (caps) have been set by policy for employees covered under PPSM or the APM and negotiated into union contracts for represented employees. It is a violation of the policy or contract to permit employees to accrue beyond the designated maximums.

Depending on the contract or policy covering the specific employee, the department is responsible for notifying employees a specific number of calendar or working days before they are due to reach maximum accrual. Employees should be receiving a monthly report showing their leave balances following the calculations on their time sheets.

If you have other questions regarding maximum vacation accrual, please contact your Employee Relations Consultant or the Academic Personnel Office.

In almost all cases, departments are to inform employees 60 days in advance of when their accruals will reach the maximum. This gives the employee the opportunity to use enough vacation to remain below the maximum after new monthly accruals are added. The "extension period" of four months, according to individual contracts and Personnel Policies for Staff Members (PPSM), is to be utilized on a one-time-only basis only in the case of a department being unable to let the employee take the vacation that is necessary to bring the accrual below the maximum. The extension period is not to be repeatedly used, nor is it to be used when an employee does not wish to schedule and take vacation as required to bring the balance below the maximum.

Example: Employee covered by PPSM:
A PPS employee will reach maximum on May 1. In the 60 working days prior to May 1, his/her department should work with him/her to reduce his/her vacation balance so that the maximum is not reached.

If there is absolutely no way his/her department can allow him/her to take vacation leave during the 60 working days prior to May 1, then an employee covered by the PPSM potentially has four additional months in which to reduce the balance. The only reason an employee may be allowed an extension period is if the department cannot allow him/her time off due to operational demands. If an “extension period” is considered necessary due to operational reasons, the employee will continue to accrue time.

At the end of the four-month extension, however, time accrual stops. The employee will not accrue additional vacation leave until he/she brings his/her balance below the stated maximum. This means the employee must not only take enough time to get below the maximum, but also use any time accrued during the "extension period." It is important to consult each union contract and PPSM for specifics.
 

While no one should ever be allowed to accrue beyond the maximum stated in policy or negotiated in the contracts, if it has been allowed and recorded, it may not be taken away, because it is not legal to do so. The policies and contracts state that employees stop accruing leave once they reach the maximum.

The PPSM, the APM, and the union contracts are available in print and on the web and are available to all employees. Employees and the department know a vacation benefit exists and both share responsibility for knowing the associated rules.

Departments are responsible for managing their workforce with regard to leave balances and workload issues, and must take all pertinent factors into consideration when making business decisions. Sometimes managers and supervisors believe that due to workload they cannot allow employees to take time off, even when the maximum vacation accrual has been reached. It is the supervisor’s responsibility to allow the employee to take time off. The University gives vacation time as a benefit, and employees should be encouraged to use this time to their own advantage. Managers who believe they can never let employees take vacation time need to review departmental priorities and work flow.

Managers are encouraged to be proactive in communicating with employees who are approaching maximum accrual the need to use their vacation time. The policies and contracts state that employees stop accruing leave once they reach the maximum. For further help on workload issues, contact your Employee Relations Consultant.

What if we find ourselves on an accrual reduction “merry-go-round?” That is, some employees like to stay near the maximum and we are always dealing with moving in and out of the four-month extension period (where that extension is allowed by policy or contract).
This type of extension should happen rarely, or only once per employee. The extension should only come into play when the operation cannot allow an employee to take time off. The extension is not automatic. Managers and supervisors have a responsibility to work with employees to schedule time off. The key is to give the employee a range of time during which vacation leave can be taken.

No.

Each leave accrual code has an associated maximum. The payroll system will not automatically accrue leave for an employee once the maximum has been reached. Since vacation leave is accrued at the end of the month, and usage is reported in arrears on the 23rd of the month, departments must process an adjustment transaction to report accrual that was stopped by PPS. To avoid having to process such adjustments, departments should notify employees who are approaching maximum leave accrual and make sure leave is used in a timely manner. Departments should manage employees’ leave accrual so that they stay at least two months under the accrual maximum at all times.

Yes. PPS (the Payroll Personnel System) will automatically charge the department any time there is a vacation leave adjustment that increases the leave balance.