FROM: Barbara Hannah, Chief Counsel
SUBJECT: Alameda Appeal for Clinical Laboratory Scientists (CLS) (fka Professional Laboratory Technicians)
RECOMMENDATION:
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Approve and adopt the proposed findings and the recommendations of the hearing officer: Alameda Appeal for Clinical Laboratory Scientists (fka Professional Laboratory Technicians).
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Requested Benefit:
1. Night Standby Pay (D06) is considered Compensation under Government Code section 31460 and Compensation Earnable under Government Code section 31461.
Staff Recommendation:
Pursuant to Government Code Section 31534, upon receiving the final proposed findings and recommended decision of the hearing officer, the board may:
(a) Approve and adopt the proposed findings and the recommendations of the hearing officer, or
(b) Require a transcript or summary of all the testimony, plus all other evidence received by the hearing officer. Upon the receipt thereof the board shall take such action as in its opinion as indicated by such evidence, or
(c) Refer the matter back with or without instructions to the hearing officer for further proceedings, or
(d) Set the matter for hearing before itself. At such hearing, the board shall hear and decide the matter as if it had not been referred to the hearing officer.
BACKGROUND:
On December 5, 2024, the Board remanded this matter to a Formal Hearing under the SBCERA Procedures for Benefit Administrative Appeal Hearings in regard to implementation of exclusion of pay code Night Standby Pay (D06) for employer participant San Bernardino County.
The Board referred the matter back to the original hearing officer, if available, to review additional documentation and oral testimony of the effective members.
On March 3, 2025, the matter was remanded to Daniel B. Haueter, the originally assigned hearing officer in the proceeding providing ...
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