INTRODUCTIONS & WELCOME
Los Angeles Section Officers
Staff/Presenters
OBJECTIVES
Introduction to PECG and Representation
Discuss Current Issues For State Employees and PECG Members
PECG’s HISTORY Formed in 1963 to Represent the
Occupational/Professional Interests of State Engineers
Non-profit Benefit Corp. – Self Determination
Certified as Unit 9 Bargaining Representative in 1981
First MOU Negotiated and Signed in 1982
PECG ORGANIZATION Board of Directors (25)
Eight Officers Seventeen Section Directors
Quarterly Meetings Saturdays Sacramento or Annual Meeting
Sections Provide Worksite Representatives Offices: Sacramento, San Francisco, Glendale Staff: Blanning & Baker Associates Lobbyists: Aaron Read and Associates
COMMUNICATIONS PECG Informer PECG Super Informer PECG Hotline (800) 403-2845 E-mail Updates to Unit 9 Members Web Page: www.pecg.org Worksite Visits Individual Representation via phone or
e-mail or in person meetings
MEMBER BENEFITS Members and Fair Share Fee Payers
Member Dues: $59.50 currently Fair Share Fees: $53.46 Members Pay $6.04 More
Member Benefits Include: $1,500 Term Life Low Cost Supplemental Insurance – Standard
Insurance Disability Insurance – Liberty Mutual Amusement Discounts Auto/Homeowners Insurance via Payroll Deduction
Member Voting Rights MOU PECG Officers – Section and Corporate
CONTRACT NEGOTIATIONS
Seven Member PECG Bargaining Team Chair: D’Arcy McLeod
Assistance From PECG Sacramento Staff Member Survey and Establishing Goals State Team – DPA’s LRO plus LROs From
Various Departments The Dills Act Defines “Good Faith” Negotiations Meetings Scheduled to Exchange Proposals Additional Meetings with Key Department
Directors Tentative Agreement Subject to Member
Ratification and Passage of Legislation
Grievances Complaints Out-of-Class Issues Employee Discipline “Skelly” Hearings Adverse Action Hearings Appointment and Other “Merit” Appeals
Board of Control Claims Layoffs Automatic Resignations Non-punitive
Terminations Reasonable
Accommodation Lawsuits (Pay Cuts,
Contracting Out, Random Certification, Furloughs, and Other Matters)
NOT: Criminal, Civil, Unemployment, Worker’s Compensation, or Retirement Hearings
ONGOING EMPLOYEE REPRESENTATION
THE GRIEVANCE/COMPLAINT
PROCEDURE
A Grievance is a Contract (MOU) Dispute
A Complaint is a Dispute over a rule or policy not related to the MOU, and not covered by SPB
THE GRIEVANCE PROCEDURE
Informal: Discussion with Supervisor Step 1: Written Grievance on Form 630 to
Designated Supervisor or Manager Step 2: Mid-Level Manager Step 3: Appointing Authority Step 4: DPA Step 5: Arbitration See Article 12 of PECG MOU for Timely
Filing
THE COMPLAINT PROCEDURE
Broadly Defined to Cover Other Written Rules and Polices Not Covered by SPB.
Procedure is the Same as a Grievance But Stops After Step 3
No Arbitration
SUPERVISORS AND MANAGERS
Grievance is Defined as a Dispute Involving the Application or Interpretation of a Statue, Regulation, Policy or Practice Under DPA’s Jurisdiction.
Four Levels Ending With DPA Use Form 631 Time Limits of 10 to 20 Work Days
SPB “MERIT” ISSUES
Appeals on Classification, Examination and Appointment Issues go to SPB
Appeals May Involve a Hearing Different Deadlines May Apply –
Don’t Delay!
BENEFITS OVERSIGHT Health – PERS Program
Benefits Not Negotiated Dental And Vision – DPA Program
Lobby Benefit Design at DPA Retirement – PERS Program
Benefit Design Changed by Legislation Deferred Compensation Programs –
401(k) and 457 Lobby Program Design at DPA
ADVERSE ACTION (Employee Discipline)
G.C.S. 19572 v. Informal Discipline Types of Adverse Action
Written Reprimand Suspension Reduction in Salary Demotion Dismissal Other Discipline
Causes for Adverse Action G.C.S. 19572 Lists 24 Causes
“Skelly” Rights SPB Appeal Rights and Formal Hearings Call PECG Staff!
CURRENT ISSUES Furloughs Bargaining Pay Raise Grievance Supervisor Pay Raise State Budget
FURLOUGHS Presently at Three Days The Governor Could Not Get What He
Wanted in Negotiations So He Issued Executive Orders
The Governor Sees Furloughs as the One Avenue He Can Use Without Agreement of Others
PECG’S RESPONSE TO TWO-DAY FURLOUGH
PECG and Others Went to Superior Court
PECG and Others Have Taken the Lower Court’s Decision to Court of Appeals
PECG Also Filed an Organizational Grievance and is Pushing for an Early Arbitration Date
BRIEF DESCRIPTION OF PECG’S ARGUMENTS
Salaries and hours of work are governed by the MOU
Setting of salaries and hours of work is NOT within the Governor’s power to unilaterally change
The “Fiscal Emergency” declared by the Governor does not grant him the authority to furlough
PECG’s RESPONSE TO THIRD FURLOUGH DAY
PECG filed A Second Furlough Grievance on July 21, 2009
Filed at the 4th Level with DPA Next Step is Arbitration Alleging that Furlough Violates
Several Provisions of PECG MOU
STATUS OF BARGAINING
PECG Bargaining Team Has Been Meeting With DPA
PECG Objective: To Ensure That Pay Parity Continues (and other benefits)
DPA Wants To End Pay Parity Both Parties Will Continue to Meet
and Exchange Proposals
ANOTHER PAY INCREASE?
Pending Grievance for Our 7/1/2009 Pay Raise (3.1% to 4.1%)
Article 3.1States in Part: “Effective July 1, 2008, and thereafter, the salaries for all Unit 9 employees shall be such that any lag calculated from the December 2007 or later DPA survey shall be entirely eliminated.”
SUPERVISOR PAY RAISE
Supervisory Meet and Confer Team Continues to Push for All Pay Parity Increases
Meetings with DPA and Departments
State’s Response: “Wait” Claim Filed with DPA in June 2009
STATUS OF STATE BUDGET
Vote on Budget Deal Tomorrow Incorporates Three Furlough Days Will Not Cut Pay 5% Will Not Reduce Pension Benefits Will Not Push Health Care Cost to
Employees
NEW PECG MEDIA CAMPAIGN
Board of Directors Will Meet to Discuss a New Media Campaign
Focus on Issues Such as Cost of Outsourcing, PERS Benefits, and more
Radio and On-line Mediums such as Popular Blogs and On-line Newspapers
ACHIEVEMENTS Best 5-year record on wages Many outstanding MOU provisions
Super SROA Lowest employee cost for Health Care Improved Retirement formula
Effective Record on Legislation Strong performance on employee
representation Record on Keeping State Work for State
Employees for More than 40 years
QUESTIONS