letter from John Chiang to DPA

Read the letter from John Chiang to DPA regarding the pay letter dated August 5th, 2008

CCPOA Sends a Letter to Dave Gilb/DPA re: the State’s Agreement to Return to the Bargaining Table

Based on the letter from Ms Rodriquez of May 7, 2008 and DPA's commitments as represented by Mr. Smith at the recent PERB settlement conference, CCPOA understands the following...

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 “Request for Clarification Regarding Bargain in Good Faith”

Early this year, CCPOA and DPA met at PERB to attend a mandatory settlement conference. Although the case didn't settle, the parties did discuss the December 27, 2007, letter. During that discussion, DPA asked for clarification which was provided by CCPOA legal counsel in a letter to them (DPA) dated January 16, 2008. That letter is important in that it reiterated our position and followed up on the question we specifically asked during that meeting at PERB. The final paragraph of the letter from January 16 states:

If the State is not prepared to return to the bargaining table based on the terms outlined above, please advise me under what terms, if any, the State is prepared to return to the bargaining table.

CCPOA writes to DPA concerning good faith bargain

 On December 27, 2007, CCPOA writes DPA contending that the issuance of the complaint letter by PERB triggers the parties obligation to resume good faith bargaining in accordance with Government Code 3517.8. (To date, there has been no response from DPA to CCPOA's request to resume bargaining.)  

CCPOA Demands a Return to the Bargaining Table

Dear Mr. Gilb

On December 7, 2007, the Public Employment Relations Board (PERB) issues an unfair practice complaint against the State alleging that the State cannot lawfully implement all three years of its last best and final offer (LBFO) which was imposed on Bargaining Unit 6 members effective September 18, 2007.

MOU Letter “Demand to Bargain in Good Faith”

Dear Mr. Gilb:

On December 7, 2007. the Public Employment Relations Board (PERB) issued an unfair practice complaint against the State alleging that the State cannot lawfully implement all three years of its last best and final offer (LBFO) which was imposed on Bargaining Unit 6......

Chuck Alexander Memo 12-14-07

Yesterday, December 13th, 2007, we sent you a copy of the Department of Personnel Administration's (DPA) initial response letter to the public Employment Board (PERB). In this letter... 

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. 

CCPOA Memo re: DPA Letter - Dated 12.14.07

State Board, 

Yesterday, December 13,2007, we sent you a copy of the Department of Personnel Administration's (DPA) initial response letter to the Public Employment Relations Board (PERB). In this letter, DPA has withdrawn the second and third year "economic proposals" of its (State's) implemented package. The significance ofthis is quite obvious in that, as we predicted long ago, this Administration never intended to honor any multiyear year package including any pay increase to Unit 6. Also, with the current budget problems created by this Administration, it remains to be seen whether the pay promised to Unit 6 for this year will happen.

In reading the letter further, you will note that the State "agrees" with CCPOA's complaint regarding the "omission" of the vice presidents' leave (VPL) in the last best and final. As a result, this section ofthe LBF  will presumably be honored by the State. That remains to be seen.  

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.)  

CCPOA vs. PERB - Official Complaint

It having been charged by Charging Party that Respondent engaged in unfair practices in violation of California Government Code section 3519, the General Counsel of the Public Employment Relations Board (PERB), pursuant to California Government Code sections 3513(h), 3514.5 and 3541.3(i) and California Code of Regulations, title 8, section 32640, issues this COMPLAINT on behalf of PERB and alleges:  

PERB Partial Dismissal - Dated 12.07.07

Re: California Correctional Peace Officers Association v. State of California (Department of Personnel Administration)

Unfair Practice Charge No. SA-CE-1621-S (Second Amended Charge)

PARTIAL DISMISSAL

Dear Mr. Adam:

The above-referenced unfair practice charge was filed on September 25,2007, and amended on October 2,2007. The California Correctional Peace Officers Association (CCPOA) alleges that the State of California (Department of Personnel Administration) (State or DPA) violated  the Ralph C. Dills Act (Dills Act)...

PERB Complaint - Dated 12.07.07

Re: California Correctional Peace Officers Association v. State of California (Department of Personnel Administration)

Unfair Practice Charge No. SA-CE-1621-S

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, pursuant to PERB Regulation 32644.  The required contents of the ANSWER are described in Regulation 32644(b). If you have not filed a Notice of  Appearance form, one should be completed and returned with your ANSWER.  

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 - Dated 09.12.07

The State of California (State) hereby makes the following last, best and final offer to CCPOA to settle and conclude negotiations over a successor Memorandum of Understanding (MOU).

The State proposes a 3-year package offer which provides fiscal certainty for the State and guarantees specific and transparent pay increases to the members of Unit 6, the State's employees.

This offer is a formal offer and supersedes all others. This is a package offer which must be accepted or  rejected in its entirety.