Transcript Document
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
ONGOING EMPLOYEE
REPRESENTATION
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
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
Dental And Vision – DPA Program
Lobby Benefit Design at DPA
Retirement – PERS Program
Benefits Not Negotiated
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
Causes for Adverse Action
Written Reprimand
Suspension
Reduction in Salary
Demotion
Dismissal
Other Discipline
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