DPA sends CCPOA their LBF implementation plan

 On Sept. 18, 2007 DPA sends to CCPOA their LBF implementation plan. Accordingly over 40 sections of the MOU that were never even discussed previously are now eliminated. The State's initial 6 issues have now grown to over 40 issues. [DPA Memo & CCPOA Response]  

Motion for Stay of Hearing

On March 6th 2008 the State sought to delay the PERB hearing on the LBFO set for April 16 and 17 in this MOTION FOR STAY OF HEARING.

The following excerpts  clearly show the State's resistance to returning to the bargaining table by making the most unbelievable claims such as:

The State's fiscal crisis is not a change in circumstance that warrants renewed bargaining Because CCPOA has made no concessions and no movement to indicate that an agreement may be possible.

There exists no reasonable cause to conclude the statewide fiscal emergency constitutes a Change of circumstance breaking the current state of impasse and giving rise to a duty to bargain because there has been no concession nor any movement to indicate an agreement may be possible.

MOU Letter “Labor Management Relations in Bargaining Unit 6”

Dear Mr. Gilb:

Since the implementation of the last, best and final offer (LBFO) began on September 18, 2007, labor relations in Bargaining Unit 6 could fairly be describes as abysmal. Management has begun to unilaterally force new post and bid systems .......

MOU Letter “Response to Request to Commence Post-Implementation Bargaining”

Dear Mr. Alexander and Mrs. Branine:

We have just reviewed your letters of December 12, 2007 and January 16, 2008 and must decline your request to commence post- implementation bargaining. We respectfully disagree that any of the events described in your letters constitutes  a   "change of circumstances" that revives bargaining.

MOU Letter “Reviewing and Analyzing”

Dear Messrs. Gilb, Tilton, Lear, and Monday:

On December 27, 2007, I sent you a letter requesting information pursuant to the Ralph C. Dills Act. THe information requested related to the actions taken by the State to implement the last, best and final offer......

MOU Letter “Pursuant to the Ralph C. Dills Act”

Dear Messrs Gilb, Tilton, Lear and Monday:

As you are well aware, on September 18, 2007, the Department of Personal Administration (DPA) notified the California Correctional Peace Officers Association (CCPOA) that the pursuant to the Ralph C. Dills Act section 3517.8, the State was "exercising its right to implement all three years of its last, best and final offer (LBFO).....

DPA Letter to EEs - Dated 12.14.07

SUBJECT: Status of Implemented Terms

In correspondence to you dated September 18, 2007, we informed you of our intention to implement certain terms and conditions of employment following the rejection of our final offer by CCPOA. In that correspondence we, informed you of our intention to implement all three years of the economics contained in that offer. 

Request for dismissal

The California Correctional Officer's Association (CCPOA), in its Second Amended Unfair Practice Charge, alleged that the State engaged in a number of unfair practices. On December 7th, 2007, the Office of the General Counsel of the Public Employment Relations Board (PERB) agreed with CCPOA on two matters and...

DPA Letter - Dated 12.13.07

Re: California Correctional Peace Officers Association v. State of California, et al.

UPC No. SA-CE-1621-S

Request for Dismissal

Dear Mr. Smith:

The California Correctional Peace Officers' Association (CCPOA), in its Second Amended Unfair Practice Charge, alleged that the State engaged in a number of unfair practices. On December 7,2007, the Office of the General Counsel of the Public Employment Relations Board (PERB) agreed with CCPOA on two matters and issued a complaint against the State of California (State). (See, separate PERB letters, dated December 7,2007, Notice of  Complaint and Partial Dismissal.)  

DPA Letter - Dated 12.13.07

Re: California Correctional Peace Officers Association v. State of California, et al.

UPC No. SA-CE-1621-S

Request for Dismissal

Dear Mr. Smith:

The California Correctional Peace Officers' Association (CCPOA), in its Second Amended Unfair Practice Charge, alleged that the State engaged in a number of unfair practices. On December 7,2007, the Office of the General Counsel of the Public Employment Relations Board (PERB) agreed with CCPOA on two matters and issued a complaint against the State of California (State). (See, separate PERB letters, dated December 7,2007, Notice of  Complaint and Partial Dismissal.)  

MOU Letter “Unfair Practice Charge”

Dear Parties:

The Office of the General Counsel has issued the enclosed COMPLAINT in the above-entitled matter. The Respondent is required to file an ANSWER within 20 calendar days from the date of service of the COMPLAINT.....

Package Offer Summary September 12, 2007

On August 22, 2007, the State of California (State) provided a package offer to you. We received the California Peace Officer Associations (CCPOA's) rejection of this offer on September 5, 2007. Although we appreciate CCPOA's agreement...

Letter from DPA - Dated 09.12.07

Dear Messrs. Adam, Jimenez, Weiss and Alexander:

On August 22, 2007, the State of California (State) provided a package offer to you. We received the California Peace Officer Associations (CCPOA's) rejection of this offer on September 5, 2007. Although we appreciate CCPOA's agreement to rollover language, CCPOA failed to address all of the sections identified on the summary sheet, and added other sections that were not a part of the respective sheet...

September 2007 “Last Best and Final Offer”

 On September 12, 2007 the State issues its "Last Best and Final package offer. It includes some very minor changes to its previous offer of August 22, 2007. [Last, Best & Final Offer, 09/12/07]  

CCPOA seeks response from the State concerning August 2007 package

 August 29, 2007, CCPOA's General Assembly directs the bargaining team to seek responses from the State to a series of written questions concerning the latest package offer and to agree to accept the mutually acceptable sections of the MOU that the State has identified "roll-over." [DPA Q&A]  

Arbitration Proceedings DPA Case No. 04-06-0173

This dispute arises under the Collective Bargaining Agreement between the above-named parties. Pursuant to the terms of the Agreement, this Arbitrator was selected to hear the evidence and to determine the issues.

Ahearing was conducted onMay2,2007, in Sacramento, California, at which time the parties had the opportunity to examine and cross-examine witnesses and to present relevant evidence. Both parties presented oral arguments at the conclusion of the hearing, and the matter was submitted at  the time of receipt of the transcript.  

Supervisors Attending Mediation Sessions

Dear Mr. Adam and Mr. Weiss:

At the initial mediation session on Thursday, June 21, 2007, during the mediators' instructions, the State representatives became aware that Robert Dean, a Correctional Lieutenant with the California Department of Corrections and Rehabilitation, was present at the mediation. Although the State cited its concerns to the mediators and requested that Mr. Dean not participate in the Unit 6 mediation process on behalf of the California Correctional Peace Officers Association (CCPOA) because he is a supervisor, the State understands the union insisted that Mr. Dean be allowed to attend the mediation.  

MOU Letter “Information Request Response”

Dear Mr. Weiss:

This correspondence provides information and documentation responsive to CCPOA's most recent Information Request. For CCPOA's convenience, the State had numbered the information requests and identified the States responses in italics.

Arbitration Proceedings DPA Case No. 06-06-0299

This Arbitration arose pursuant to Agreement between the California Correctional Peace Officers Association Bargaining Unit 6, hereinafter referred to as the "Union, and the California

Department of Personnel Administration, hereinafter referred to as the "State", under which C.

ALLEN POOL was selected by the parties to serve as the Arbitrator. The Parties stipulated that the matter was properly before the Arbitrator and that his decision shall be final and binding.

The parties further stipulated that the interaction of Section 4.01 Management Rights and Section 27.0 1 Application and Duration, Entire Agreement imposes Dills Act obligations on the parties.

MOU Letter “Seriousness to Reach an Agreement”

By Peter Hecht

Bee Capitol Bureau 

-- After a year of failed negotiations with one of California's most powerful public employee unions, state officials said Thursday they will seek outside mediation to resolve a contract dispute for the state's 31,000 correctional officers.