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CCPOA - 5150 Hotline from Lance Corcoran
5150 update - January 24, 2008Hello and thanks for calling the CCPOA 5150 Information Line - today is Thursday, January 24, 2008, and here is the latest news from Headquarters. To begin with, as the Department of Personnel Administration, or DPA, continues to implement portions of their "Last, Best and Final" offer - many members have been impacted by the changes in what were previously existing "Post and Bid" procedures. The main impact of these changes has been managements labeling of positions as either, medical or gender restricted. In the Division of Juvenile Justice, or DJJ, our Youth Correctional Counselor members have faced the complete elimination of post and bid. It is important to remember that CCPOA has agreed to none of these changes and that we continue to fight for a return to our previous post and bid procedures. Since DPA first began the implementation of their last, best and final offer on September 18th, there has been an ongoing legal battle. The latest skirmish was a mandatory settlement conference, held January 14th, at the Public Employee's Relations Board, or PERB, regarding the complaint letter the PERB issued in December of 2007, which stated that DPA had violated the Government Code. At that hearing no settlement was reached and dates for a full hearing at PERB are being scheduled. Rather than go through all of the legal wrangling of letters back and forth - let's boil all of that legal stuff down to what it means to our members. In September of 2007, DPA went out to both our members and the public and said that the state was providing 5% raises to CCPOA members for three years retroactive back to July 1, 2007. DPA also said they were enhancing some incentive pays for members of Bargaining Unit 6. In exchange for the raises and incentive increases, DPA was going to change existing "non-economic" work rules, like post and bid for example. Of course, all of this was subject to legislative approval. In December of 2007, the PERB ruled that DPA went too far and cannot implement the terms and conditions of their last, best, and final offer for more than one year. So there went two of the 5% raises right out the window. Nevertheless, DPA continues to change "non-economic" work rules, again, like post and bid. Also in December, CCPOA sent a letter to DPA stating that based on the PERB ruling regarding our Unfair Labor Practice complaint that the parties should return to the negotiating table. DPA then sent CCPOA a letter stating that they planned to respond to our demand for a response. No kidding, that's actually what they said. It is now late January 2008, and DPA has yet to submit anything to the legislature to provide for the retroactive July 2007 raise and they have done nothing regarding the other economic incentives promised. So for those members who want to know when they are getting a raise - well, that is the question we have been asking for some time. This is exactly the type of dishonesty the members of your negotiating team experienced in dealing with the state. In essence, the state said, "we might be able to give you a raise, we can't guarantee how much, and we don't know when you will get it, but trust us. Oh, and by-the-way, how about giving up all of the work place rights you have won for your members over the last 50 years at the same time?" Bottom line - members, we are fighting in every legal forum available to protect the rights we have won for you. You deserve nothing less. For now, continue to file grievances on violations of the last, best, and final. When you see unsafe working conditions, report them to your Job Stewards and local Chapter President. We are in this fight to win and protect the rights of our members. If we win our legal battles - then we expect that there will be a new bid and more based on our prior agreements. Until we get that win - what you see is what management wants - and you can just imagine how bad it could be if they didn't have CCPOA fighting them every step of the way. With respect to Governor Arnold Schwarzenegger's proposed budget many members have probably read or heard that the Governor wants to release inmates and cut positions. Well, yes and no. First, it is important to remember that the governor is required by the state constitution to annually submit a balanced budget to the legislature. There is no requirement that the budget be enacted as submitted, nor is there a requirement that the budget be remotely connected to reality. In fact, the budget is ALWAYS modified - significantly - by the Legislature before the governor has the opportunity to sign it. It is difficult to make sense of this budget. On one hand it proposes legislation for the release of over 20,000 inmates and cutting staff by 4,500, and on the other hand provides funding for an increase in the number of academies and funding to speed up both backgrounds and medical clearances for new hires. The Governor's Budget proposes to spend $11.4 billion on CDCR in 2008-09. That's an increase of over $600 million from 2007-08. The gross numbers mask the significant and dangerous policy changes the Governor proposes to avoid a tax increase. Most significantly, he is proposing the enactment of legislation to give inmates committed for non-serious, non-violent, and non-sex offenses a 20-month "get out of prison free" card. As a result of these limitations, it is likely that most of these offenders will serve no time in prison at all. The Governor is also proposing what is called summary parole for these types of offenders. Under the Governor's proposal these parolees would not be supervised or re-incarcerated. This proposal could reduce the average daily parole population by more than 18,000 parolees and reduce institutional populations by over 6,000 inmates due to the lack of revocations. For the DJJ, the Governor's Budget assumes that the average daily population in facilities will fall from approximately 2,300 in the current year to about 1,800 in 2008-09. The DJJ parole population will fall from about 2,400 to fewer than 2,000. At the same time the Governor is proposing to significantly reduce populations and staff, and closing DJJ facilities at Paso Robles and Dewitt-Nelson in Stockton - he is adding 3,000 out-of-state privatized beds, spending $30 million on community based female facilities, spending almost $20 million to expand the parole academy, spending money to run a special academy at a difficult to staff institution, spending money to create a southern academy, and spending money to speed up both background and medical clearances for peace officer candidates. Here is the best part: the budget also includes $30 million in compensation increases for Unit 6 members. Just so you know, $30 million dollars equates to a little over a 1% raise for Bargaining Unit 6. Apparently, the rest of the funding needed to implement management's "last, best and final" offer will come from the staff reductions resulting from the proposed population reductions. Again, please remember - there is no requirement that the budget be based on reality or enacted as submitted. In the mean time, CCPOA will be walking the halls of the legislature fighting for the protection of our members. In other news, CCPOA recently sent out to our members surveys for a possible FLSA lawsuit. Please take the time to fill out the survey and send it back. CCPOA has not agreed to any waiver of FLSA protections for our members and we believe that we may have a lawsuit for the violation of our rights. Your participation by filling out the survey will provide much of the information needed to go forward. Again, please take the time to fill out your survey. If you have not received a survey, give us a call at CCPOA Headquarters (800) 821-6443, ask for either Rob, Ralph, or Sandi and we will send you a survey. If you like to surf the Internet, take a moment and check out the CCPOA produced program "California Prisons Under Pressure." You can find the first three episodes by logging onto prisonsunderpressure.com. This series takes a look at the overall prison crisis in California and provides some insight into how we have become the national ground zero regarding prison issues and reform. And while you are at it - take a look at the newly re-designed CCPOA website at www.ccpoa.org. Since the first part of January 2008, we have been changing the website over to provide up-to-date information to our members. As we move forward, you will see your website continue to improve. Also, look for your new issue of the Peacekeeper magazine which should arrive any day. And starting in February 2008 - look for the Peacekeeper to return to a monthly magazine. Most importantly, we are urging our members to vote NO on the most dangerous initiative to be placed on a California ballot in a long time - Proposition 93 which extends the terms of the legislature by anywhere from 50% to 100%. Supporters say that Prop. 93 is about having more experienced legislators - it's not! Prop. 93 is simply about the current legislative leadership extending their reign over California. CCPOA is urging our members to vote NO on Proposition 93. That is going to do it for now, check back for updates - if you wish - leave a message after the beep - and have a safe shift. ![]() |