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