March
7, 2011
Dear
Bargaining Unit 2 Colleague:
This
afternoon, the CASE Bargaining Team met with representatives from the
Department of Personnel Administration (“DPA”), including DPA Director Ronald
Yank. The parties have reached a tentative agreement for a new memorandum
of understanding (“MOU”). The following is a summary of the agreement:
• Term: April 1, 2011 – June 30, 2013.
• Three-day-per-month furloughs end for
all furloughed employees on April 1, 2011, conditioned upon the proposed MOU
being ratified by CASE membership.
• 3% increase to employee pension
contribution (total of 9% for Bargaining Unit 2 miscellaneous employees, 10%
for Bargaining Unit 2 safety employees).
• 4% increase to top of salary step for
all classes at end of contract (July 1, 2013), effective after employee has
been at top step for a minimum of 12 months.
• All employees to receive 1.73 hours
of additional leave credit per month (equal to 1% of gross salary per year)
during the term of the MOU. This additional leave credit does not expire,
and may be used or cashed out in the same manner as vacation leave or annual
leave.
• One day of unpaid personal leave
(under a program named “PLP 2010” by DPA) per month for 12 consecutive months
beginning the pay period following ratification. Employees have until
June 30, 2016, to use accrued PLP 2010 time, at which time it expires.
PLP 2010 time must be used before any type of leave except sick leave, and has
no cash value.
• Bargaining Unit 2 employees at State
Compensation Insurance Fund are exempted from PLP 2010 days for the term of the
contract in recognition of the successful CASE litigation and Insurance Code
section 11873(c).
• Increased state health care
contributions (80%-80% formula) for 2011, 2012, and 2013. Employer health
care contribution for 2011 increased to $486 (employee only), $986 (employee
plus one dependent), and $1,241 (employee plus two or more dependents).
State health care contribution to be increased on January 1, 2012, and January
1, 2013, using the 80%-80% formula.
• Bargaining Unit 2 members will receive
two additional professional development days (for a total of five professional
development days) per fiscal year, to be used for either professional or
personal development activities at the employee’s discretion, and to be
requested and granted in the same manner as annual or vacation leave.
• Consistent with legislation passed
during the prior administration, the parties agree to delete
• State agrees not to seek the
unilateral imposition of furloughs during term of PLP 2010.
• State agrees to introduce and support
legislation to continuously appropriate funding for state employee salaries and
benefits during the term of the contract, to ensure employee salaries and
benefits are maintained in the event of an untimely State budget.
• Employees hired after January 15,
2011, shall participate in a reduced (pre-SB400) defined benefit pension plan
(2% at 60 formula).
• Contract protection (“Most Favored
Nation Clause” or “Me Too Clause”) which ensures that should any other
bargaining unit currently without a contract receive a better overall
compensation package, the members of Bargaining Unit 2 would be entitled to the
difference.
• The remainder of the prior MOU,
including side-letter agreements and the CUIAB caseload stipulation previously
negotiated, were rolled over into the new contract.
The
proposed MOU in no way limits our right to move forward with current or
institute future litigation challenging the unilateral imposition of furloughs,
or to seek back pay or other remedies for those members who have been
furloughed.
We
are presently working to make the language of the new contractual terms
available on the CASE website (www.calattorneys.org).
The new language should be available online shortly.
While
this contract does little to address the structural pay disparity under which
the state’s legal professionals perform, the CASE Board of Directors believes that
this agreement represents the best MOU that can be reached in the current
political and fiscal climate.
CASE
members should expect to receive a ratification ballot by U.S. Mail the week of
March 14, 2011. Ratification ballots must be received in
As
always, your support of CASE and your colleagues in Bargaining Unit 2 is
greatly appreciated.
Sincerely,
The
CASE Board of Directors
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