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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
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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) ONGOING EMPLOYEE REPRESENTATION 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 • 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