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 Double Dealing in Bad Faith
A Chronology of Failed Contract Negotiations Between CCPOA and the State of California
California's parole agents, youth facility counselors and correctional peace officers have been working without a contract since July 2006. Despite many attempts by CCPOA (Bargaining Unit 6) to move the process forward, the State of California has refused to negotiate in good faith.
The following chronicles this failure over the past two years - and most notably the past two months. Every highlighted item corresponds to written documents, which will be provided on request.
- June 9, 2006 to March 29, 2007 - CCPOA and state representatives enter into negotiations 24 times (a total of 24 hours, excluding breaks and caucuses) to discuss specific provisions of the Unit 6 Memorandum of Understanding (MOU).
- April 6, 2007 - the state presents a "revised package offer" to CCPOA.
http://www.ccpoa.org/documents/040607_dparevised.pdf
- April 6, 2007 - CCPOA sends a letter to the state asking for clarification on at least 20 issues raised in the state's "revised package offer."
http://www.ccpoa.org/documents/040607_ccpoatostate.pdf
- May 10, 2007 - without responding to CCPOA's letter requesting clarification, the state asks for a "Determination of Impasse" from the California Public Employee Relations Board (PERB), claiming the negotiations were deadlocked.
http://www.ccpoa.org/documents/051007_dpaimpasse.pdf
- May 11, 2007 - the state publicly expresses its "seriousness to reach an agreement" on the contract one day after asking for the "Determination of Impasse." (Sacramento Bee)
http://www.ccpoa.org/documents/051107_sacbee.pdf
- June 25, 2007 - more than a month after filing for impasse, the state responds to CCPOA's April 6 letter, offering clarifications that are "too little, too late."
http://www.ccpoa.org/documents/062507_dpatoccpoa.pdf
- September 12, 2007 - the state submits its "last, best and final offer" (LBFO), which is a unilateral imposition of work rules by the state without agreement or recourse by the employees impacted.
http://www.ccpoa.org/documents/091207_lbfoffer.pdf
- September 18, 2007 - the state starts imposing its LBFO which, among other things, severely restricts employee grievances and strips senior peace officers of job assignment rights.
- December 7, 2007 - PERB issues an "unfair practice complaint" against the state, alleging that it cannot lawfully implement a three-year "last, best and final offer."
http://www.ccpoa.org/documents/120707_perbchange.pdf
- December 27, 2007 - CCPOA sends a letter to the state demanding that it re-open negotiations, as required by the Dills Act, due to a "change in circumstances"-specifically PERB's ruling that the state's LBFO must be reduced from three years to one year.
http://www.ccpoa.org/documents/122707_ccpoatodpa.pdf
- December 27, 2007 - CCPOA sends a letter to all relevant state agencies requesting information on the LBFO offer, about which CCPOA had received no information or communications from the state since September 18, 2007.
http://www.ccpoa.org/documents/122707_ccpoatoothers.pdf
- January 16, 2008 - As a follow-up to its December 27 letter, CCPOA sends a letter to the state reiterating its demand that "good faith negotiations" resume, as required by the Dills Act, due to the "change in circumstances," which include:
- PERB's ruling that the state's LBFO must be reduced from three years to one year
- the state's withdrawal of the economic aspects of its second and third year of offer
- the impact of the state's budget shortfall on provisions of the LBFO
The letter also specifically asks what it would take for the state to return to the bargaining table.
http://www.ccpoa.org/documents/011608_ccpoatostarkey.pdf
- January 18, 2007 - CCPOA sends a letter to all relevant state agencies as a follow-up to its December 27 and January 16 letters asking that negotiations resume.
http://www.ccpoa.org/documents/011808_followup.pdf
- January 30, 2008 - the state sends a letter to CCPOA declining its request to resume negotiations, rejecting its proposal to reinstate previous MOU in absence of a legislatively approved LBFO, and failing to respond to the most important question raised in CCPOA's January 16 letter - what does the state require to resume negotiations?
http://www.ccpoa.org/documents/013008_dpatoccpoa.pdf
- February 7, 2008 - CCPOA sends a letter alerting state of "abysmal" labor management relations since implementation of LBFO, and noting that state's current LBFO omits "no-strike" language.
http://www.ccpoa.org/documents/020708_ccpoatogilb.pdf
CLICK HERE for the printable .pdf (Adobe Acrobat) version of the complete handout.
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