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]  

CCPOA’s “Sunshine Response” in re: to DPA’s 5/21 Letter

RE: Negotiations pursuant to the Ralph C. Dills Act between the CCPOA and the State of California (Sunshine Package)

Petition for Writ of Mandate filed by CCPOA

Petitioner CCPOA is, and was at all relevant times, a non-profit corporation organized and existing under the laws of the State of California, with its principle place of business in the County of Yolo. CCPOA is the exclusive bargaining representative for employees in State Bargaining Unit 6 - primarily peace officers employed by the California Department of Corrections and Rehabilitation pursuant to the Ralph C. Dills Act ("the Dills Act," Government Code 3512 et seq.).

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 “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.

Letter to Paul Starkey DPA Labor Relations Counsel

 On January 16, 2008, Suzanne Branine from CCPOA's Legal Counsel sent a letter to Paul Starkey, of the Labor Relations counsel for DPA.  

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. 

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)...

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.  

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]