The State Worker

Chronicling civil-service life for California state workers

May 10, 2013
University of California wants court to stop hospital strike

130419-UC-Davis-Med-Center-Pench-2012.jpgThe University of California said today that it will ask a judge to keep hospital workers from striking later this month.

American Federation of State, County and Municipal Employees Local 3299 says its members will walk off the job at the university system's five hospitals May 21 and May 22.

UC officials and the union have been in negotiations since last summer for a new contract covering some 13,000 patient care workers. The contract expired Oct. 1, and the contentious talks deadlocked earlier this year.

AFSCME says it's fighting to fix unsafe hospital conditions and foolish spending by high-level university officials who enrich themselves while seeking cuts to employee compensation.

The university counters that the union's real aim is to avoid new state laws that significantly reduce retirement benefits for new pension-system members.

This isn't the first time that AFSCME Local 3299 has threatened a walkout. In 2008, the union called a strike at all five UC medical centers. A San Francisco Superior Court judge issued a restraining order. The union ignored it and walked off the job for five days in July that year.

May 7, 2013
University of California employees vote to authorize strike

130419-UC-Davis-Med-Center-Pench-2012.jpgFor the second time in five years, the union representing thousands of University of California hospital workers is poised to strike.

American Federation of State, County and Municipal Employees Local 3299 said this morning that 97 percent of its members have voted to authorize a walkout. The union's announcement didn't detail how many members voted.

The local represents some 13,000 custodians, gardeners, cooks, patient care assistants, vocational nurses and radiology technicians at the five hospitals in the university system, including the UC Davis Medical Center in Sacramento. Those employees have been without a contract since October.

AFSCME has complained that the university routinely understaffs hospitals and wants to cut employee compensation while it spends more on pay and benefits for administrators. The university has brushed aside those barbs as union posturing during deadlocked contract negotiations.

During talks for its last contract in 2008, the union mounted a five-day strike despite a restraining order by a judge who found that the labor action would endanger public safety.

PHOTO CREDIT: UC Davis Medical Center in Sacramento. Randy Pench / Sacramento Bee file, 2012

April 24, 2013
Rally, news conference planned to support contracting bill

130311_Richard_Pan_amezcua_2010.JPGLook for several hundred state employee union members on the Capitol's south side at noon today to show support for a measure that would put limits on government job outsourcing.

Assembly Bill 906 would limit state personal services contracts to two years with an option for a two-year extension.

It's a few steps down from an earlier version of the measure by Assemblyman Richard Pan, D-Sacramento, that limited contracts to 90 days with a one-time option to extend the arrangement another 90 days after notifying the State Personnel Board.

SEIU Local 1000 has made a priority of curtailing outsourced personal services contracts. Pan's office is expecting a few hundred of the local's activists to attend a Pan news conference about his bill at lunch time on the Capitol's south steps.

In a press release issued Tuesday, Pan's office cites a statistic from Local 1000 research: "In 2011, the state had 11,714 active personal service contracts with private vendors worth $11.7 billion."

Local 1000 did not respond to calls, texts and emails seeking comment.

PHOTO CREDIT: Assemblyman Richard Pan. Hector Amezcua / Sacramento Bee 2010 file

April 19, 2013
Union schedules strike vote for University of California workers

130419-UC-Davis-Med-Center-Pench-2012.jpgThe American Federation of State, County and Municipal Employees has scheduled a strike vote for the University of California hospital employees it represents.

AFSCME Local 3299 said in a press release that it will hold the vote for three days starting April 30.

The union's 13,000, patient care assistants, vocational nurses and radiology technicians and other hospital staff at the UC's five medical centers have been without a contract since October.

With talks at a standstill, the union released a report earlier this year that claimed the UC hospital system has sacrificed patient care for money, recklessly run up debt and enriches administrators while understaffing front-line care positions. University system officials dismissed the charges as a bargaining ploy.

PHOTO CREDIT: UC Davis Medical Center. Randy Pench / Sacramento Bee 2012 file

April 4, 2013
Column Extra: The CalPERS mailing list bill

130228_postal_distribution.JPGToday's State Worker column looks at a new Assembly bill that would allow unions and and retiree groups to exploit CalPERS' member-address database for direct mailing of non-political materials.

Here's Assembly Bill 785 by Assemblywoman Shirley Weber, D-San Diego:

Assembly Bill 785

With just 400 to 450 words for our weekly State Worker column, most of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

PHOTO CREDIT: Mail bins at West Sacramento's regional postal distribution center. / Sacramento Bee 2011 file, Jos&ecute; Luis Villegas

March 5, 2013
Union co-sponsored science fair set for Saturday in Sacramento

130305 Science fair photo 2.JPGStudents from nearly a dozen counties in Northern California will compete Saturday in the annual Sacramento Regional Science & Engineering Fair at Rosemont High School. Winners will go to Phoenix for a global competition at the 2013 Intel International Science & Engineering Fair in May.

The regional fair's organizers anticipate exhibits from students in Amador, Butte, El Dorado, Placer, Plumas, Sacramento, San Joaquin, Solano, Sutter, Yolo and Yuba counties. The event also will feature workshops for teachers and college-bound students.

The fair runs from 9 a.m. to 6 p.m. at 9594 Kiefer Blvd. in Sacramento.

Sponsors include Professional Engineers in California Government, California Association of Professional Scientists, Intel Corp. and Liberty Mutual.

PHOTO: Junior Division participant Ryan Hester explains his solar-powered boat to judges from the U.S. Navy at the 2012 Sacramento Regional Science & Engineering Fair. / courtesy Sacramento Regional Science & Engineering Fair

February 13, 2013
State to defend pension reform law from county union lawsuits

Thumbnail image for Thumbnail image for 110628 Kamala Harris Paul Kitagaki Jr 2010.JPGAfter staying out of the fray for several months, Gov. Jerry Brown has asked attorney general Kamala Harris to defend California's new public pension law from lawsuits filed by employee unions in at least four counties.

The litigation targets the quasi-independent pension boards in Alameda, Contra Costa, Marin and Merced counties for applying part of the law to all members, including those in the systems before the statute took effect on Jan. 1.

February 12, 2013
California state HR department sets contract 'sunshine' dates

130212 CalHR logo.JPGThe California Department of Human Resources has announced three dates for unions to deliver their initial labor contract proposals and to allow public comment on them.

The so-called "sunshine meetings" are required by state law, but often offer little insight into contract negotiations. Union leaders and the administration often informally work out the broad parameters of a deal. Bargaining teams then hammer out the fine details at the table.

Contracts for 19 of the state's 21 bargaining units expire on July 1, 2, or 3 this year. Unions representing state fire fighters and Highway Patrol officers extended their current pacts until 2017 and 2018, respectively.

If a union fails to reach an new agreement before its contract expires, the terms of the expired deal remain in force (with some notable exceptions) until a new contract is in place.

CalHR has set 1 p.m. on Feb. 28, Mar. 7 and Mar. 14 for the first round of presentations and will schedule additional meetings as needed.

January 17, 2013
Column Extra: Jerry Brown versus unions over holiday pay

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgWith just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our column in today's Bee updates the lengthy court battle over disciplinary threats made against state workers who might stay home on Lincoln's Birthday and Columbus Day, even though the state dropped those occasions from its paid holiday list in 2009.

As our column explains, the tussle between Gov. Jerry Brown and three unions isn't in appellate court because of a dispute between labor and management over whether the holidays were legally removed. It's a question of whether this provision of the Dills Act was violated.

The unions won the first round in Sacramento Superior Court. Gov. Arnold Schwarzenegger , the state's employer-in-chief at the time, appealed. Brown has kept the appeal going.

Click here to see the 3rd District Court of Appeal calendar of the case.

Here's the original verdict by Sacramento Judge Timothy Frawley that the administration is challenging:

January 4, 2013
Top 10 posts of 2012: Jerry Brown proposes 4-day work week

countdown 5.JPGThis is the latest in a series counting down this year's most-viewed State Worker blog posts, with a little hindsight analysis.

As Democratic candidate for governor in 2010, Jerry Brown said that state worker furloughs were a bad idea. But as a governor confronted with a $16 billion budget deficit in 2012, he offered up a modified version of the policy last summer -- a four-day, 38-hour work week that would cut state employees' pay by the same amount as one furlough day per month.

(The administration protested when media accounts used "furlough" to describe the short work-week plan.)

Critics noted that Utah saw workplace productivity drop off when state employees there went to a 4/10 weekly schedule. Others wondered how departments closed on Fridays or Mondays would do business with private businesses and other government entities that ran on a five-day work schedule. And what about months with five Mondays or Fridays?

Brown eventually worked out an unpaid personal leave day program -- don't call it a furlough program! -- with most state employee unions and imposed it on the holdouts.

Here's the breaking news post from May 14, ranking No. 5 on the State Worker's most-viewed items of 2012:
Jerry Brown's budget proposes longer days, shorter weeks for state workers.

January 3, 2013
Top 10 posts of 2012: SEIU Local 1000 agrees to furloughs

countdown 6.JPGThis is the latest in a series counting down this year's most-viewed State Worker blog posts, with a little hindsight analysis.

The 6th most-viewed State Worker blog post reported that SEIU Local 1000 and Gov. Jerry Brown had reached an agreement that cut one day's hours and pay per month for the final year of the union's contract.

In exchange, Local 1000 and Brown agreed to terminate student assistants and retired annuitants. Neither group is represented. The governor and the local also agreed to set up a task force on wasteful state outsourcing.

January 3, 2013
Top 10 posts of 2012: Unions blast pension reform legislation

countdown 7.JPGThis is the latest in a series counting down this year's most-viewed State Worker blog posts, with a little hindsight analysis.

The press event called by several public labor organizations convened in an upstairs conference room across from the Capitol with a single goal: Make it clear that the unions were angry about a pension reform bill on the verge of becoming law.

January 3, 2013
SEIU Local 1000 member demands more access to union records

Mariam Noujaim, the SEIU Local 1000 gadfly on a quest to publicize the union's staff expense records, says that her recent inspection of documents was so restricted that she is demanding another, longer look.

In a Dec. 28 letter to Paul Harris, Local 1000's chief counsel, Noujaim recounts the limits placed on her November examination of staff expense records:

During our recent audit attempt, you limited us to four (4) hours to inspect the records we were given. You also made certain that we had no skilled help to analyze what was given. We were not allowed to have a lawyer (much less a tax lawyer) or, an accountant, present (just SEIU members). Moreover, when we found something of interest, we could not make a copy or tell anyone what we found.

A Sacramento Superior Court judge signed off some limitations, such as how many people could review the records. Others conditions, however, were open to interpretation or left unspecified in court, such as the time allotted for the review.

January 2, 2013
Top 10 posts of 2012: U.S. Supreme Court rules against SEIU

Thumbnail image for Thumbnail image for countdown 8.JPGThis is the latest in a series counting down this year's most-viewed State Worker blog posts, with a little hindsight analysis.

In a year that saw government unions sustain losses in Wisconsin, Michigan and elsewhere, perhaps the biggest hit that a California public labor organization took in 2012 came out of Washington, D.C.

In June, the U.S. Supreme Court ruled that SEIU Local 1000 didn't appropriately notify members and fair-share payers when it temporarily raised fees in 2005 and 2006. The 7-2 decision in Knox v. SEIU Local 1000 further defined the law requiring unions give nonmembers in closed-shop workplaces a chance to opt out of unexpected fee increases or special assessments.

The news of the court's decision was quickly drowned out a few days later by Local 1000's deal with Gov. Jerry Brown to accept furloughs for the last year of the union's contract.

Here is 2012's No. 8 State Worker blog post: U.S. Supreme Court rules against SEIU Local 1000 in fee case

December 18, 2012
California firefighters' political spending reflects grudge

Among the hundreds of campaign expenses incurred by the state firefighters' union political action committees this year, two relatively small line items reflect a grudge the organization has held for years.

The California Department of Forestry Firefighters Small Contributor PAC made 147 contributions to state and local candidate campaigns in 2012. It also made two independent expenditures totaling $10,500 to oppose Curt Stracener's bid to keep his El Dorado County Superior Court judgeship.

Before former Gov. Arnold Schwarzenegger appointed him to the bench in 2010, Stracener worked as a senior litigator for the administration who helped shape furlough strategy.

November 7, 2012
Now that Prop. 32 has lost and Prop. 30 has won, what next?

As we reported in the wee hours this morning, Proposition 32 has lost and Proposition 30, Jerry Brown's tax increase measure, has won.

When we asked State Worker blog users last week to forecast the votes on the politically linked measures, 34 percent of you correctly predicted the outcome.

Now here's a new question for you to ponder:


October 22, 2012
Unions remember state hospital employee killed two years ago

Thumbnail image for 121022 Donna Gross.JPGA union coalition of state hospital employees has scheduled observances around the state on Tuesday to remember Donna Gross, a psychiatric technican killed while on duty.

Locations for the 6 p.m. memorials include Napa State Hospital, where Gross worked. The events mark the two-year anniversary of her death at the hands of patient Jess Willard Massey. Massey is serving a 25 years-to-life sentence for the crime.

The 54-year-old's murder gave momentum to calls for heightened security at state mental hospitals and fostered the Safety Now! coalition. The group includes five unions with members working in California's mental hospitals: the American Federation of State County & Municipal Employees Local 2620, Service Employees International Union Local 1000, the California Association of Psychiatric Technicians, the Union of America Physicians & Dentists and the California Statewide Law Enforcement Association.

Here's more information about the statewide memorials.

PHOTO: Donna Gross / courtesy California Association of Psychiatric Technicians

October 22, 2012
From the notebook poll: CCPOA and other state employee unions

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our story in today's fiber/cyber Sacramento Bee about the shifting strategy of the California Correctional Peace Officers Association came from our observation that as of last week the union hadn't but any money into efforts to defeat Proposition 34, which would repeal California's death penalty, and Proposition 36, which softens the state's three-strikes law.

Subsequent conversations with several sources bolstered our sense that the union has shifted political gears away from influencing public opinion about big issues and expanding spending on prisons. Instead, it's focused on closer-to-ground concerns such as mitigating job losses and preserving members' benefits.

More broadly, when you think about CCPOA and other state public employee unions, how are they faring in these changing fiscal and political times?

October 12, 2012
Court overturns raises for SEIU Local 1000-represented medical staff

Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgSacramento's 3rd District Court of Appeal today ruled for the state and against SEIU Local 1000 in a dispute over pay raises for Corrections Department medical staff.

An arbitrator and a superior court judge had ruled that the negotiated raises were valid. The appellate court said today that the raises weren't valid because the Legislature didn't sign off on them.

SEIU Local 1000 declined to comment on the ruling.

The case dates back to 2006 and agreements negotiated between then-Gov. Arnold Schwarzenegger and Local 1000.

October 11, 2012
From the notebook: More about Washington's paycheck laws

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our report in today's Bee takes a look at the history of state laws that place limits on either the spending or the collection of payroll-deducted dues. We wanted to look back to see what California unions might do if Proposition 32 passes.

A significant part of the story looks at Washington state, where voters in 1992 passed the nation's first law to require that members of public-employee unions give annual written permission for their dues to be spent on political activities. A decade later, the state Legislature changed the law to require only a lifetime opt-in with annual employer notice of employees' right to opt out.

Here are some links for State Worker blog users who want to dive more deeply into the Washington law:

Information on Washington's 1992 Initiative 134.
Senate Bill 6713, the 2002 law that eased the member opt-in requirement.
A synopsis of the measure.

IMAGE: www.freeclipart.com

October 10, 2012
California teachers' union donations surpass $20 million to fight Prop. 32

The California Teachers' Association has given another $2 million to the No on Proposition 32 campaign over the last 10 days, bringing the union's total spending to fight the measure to more than $20 million.

That's 40 percent of the $50 million the No on 32 campaign has raised so far.

Tuesday's filings with the Secretary of State also show that several firefighter unions contributed about $140,000. The San Diego Firefighters Local 145 gave a little over half the total, $73,260.

October 9, 2012
Blog back: The NFL refs, government worker ratios; the Prop. 32 debate

Blog backs review your thoughtful and provocative online comments, amplify points, answer questions, correct our mistakes and humbly accept your warranted criticism.

As the campaign contributions pour into the campaigns supporting and opposing Proposition 32 in the final weeks before the Nov. 6 election, debate over the measure has heated up on The State Worker:

October 4, 2012
Column Extra: Three cheers for union workers!

With just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our column in today's Bee mentions a few lessons that public employees can draw from the events leading to the recent NFL labor agreement with the union that represents its referees. When you strip away the sports entertainment aspect of the story, what's left is a private-sector union representing 121 part-time entertainment regulators who have been earning an average $149,000 per year with pension benefits.

The public would be appalled with those terms in a public-sector union contract, but as the video below shows, football fans absolutely gushed when the refs' lockout ended last week. We assume that most didn't know the new deal increases referees' average annual pay by 38 percent over seven years, offset by a phase-out of defined benefit pensions. And if fans did know, would they care?

October 1, 2012
Jerry Brown vetoes bill aimed at arming California state hospital police

Thumbnail image for 120514 Jerry Brown budget presser Amezcua.jpgGov. Jerry Brown has vetoed a measure that would have required the state to establish a plan to allow hospital police officers to carry guns.

The director of the Department of State Hospitals sets the gun policy for a combined 800 facility police statewide. Currently, those officers cannot carry firearms while on duty.

Brown said in his veto message that the policy is "best left to the discretion of the department director who already has authority to arm its officers."

Earlier drafts of Assembly Bill 2623 by Michael Allen, D-Santa Rosa, would have simply authorized the officers to carry guns.

September 24, 2012
Unions contribute $3.48 million to anti-Proposition 32 campaign

Thumbnail image for Thumbnail image for 100806 ballot-box.jpgThe American Federation of State, County and Municipal Employees contributed $1.5 million to defeat Proposition 32, part of $3.48 million given by labor unions and politicians within the last week.

The campaign supporting the campaign finance-reform initiative raised about one-tenth over the same period.

September 17, 2012
From the notebook: What California state workers pay in union dues and fees

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our story in today's fiber/cyber Bee mentions how much state workers paid in union dues and fair share fees for one month, December 2011: roughly $10.5 million.

What follows are three spreadsheets that lay out state workers' dues and fair share payments of that month, built from the state controller's payroll records. The first sheet details the number of employees by bargaining unit and their payments to their unions (it also pulls out numbers for the largest union, SEIU Local 1000). The second focuses on the percentage of dues and fair share fee payers in each unit. The third shows the regular pay and total pay by union.

August 27, 2012
Steinberg: Lawmakers consider cap on pensions, not hybrid

120827 Steinberg kitagaki jr 2012.JPGLawmakers charged with overhauling California's state and local public pension law are considering a plan to cap defined benefit pensions that would not include a second 401(k)-style component common in so-called "hybrid" retirement plans.

"There will be a cap," Senate President Pro Tem Darrell Steinberg, D-Sacramento, during a hallway press conference this afternoon with Capitol reporters. "I think what you will see tomorrow, there won't be a hybrid. ... It will just be a cap, for both miscellaneous and public safety workers."

Steinberg wouldn't divulge details such as where the cap would be set, a key figure that will establish how many of California's 2 million-plus public-sector state and local workers fall under the provision. He also cautioned that his comments this afternoon shouldn't be construed as a formal announcement. As of this afternoon, lawmakers were still hammering out specifics and no pension language had been released.

"This is not a deal," Steinberg said, "I'm telling you I'm confident there will be."

August 22, 2012
Republican Sen. Mimi Walters predicts pension legislation won't be 'comprehensive'


California Edition host Brad Pomerance recently opened his show with a 13-minute interview with state Sen. Mimi Walters discussing public employee pensions.

Walters is a member of the conference committee tasked with crafting pension legislation. State Senate and Assembly leaders have said they will come up with a bill before the current session closes at the end of this month.

Midway through the interview Pomerance asks, "Do you believe that we will see some form of pension reform in this legislative year?"

Walters: "I believe we will see a form of pension reform. Will it be comprehensive? No. Will it make major changes to the issues that we're facing wth pensions? No. I believe that this Legislature will do something to say, 'Hey we took care of a couple of the abuses and now let's hope this issue goes away.'"

Pomerance: "Is something better than nothing, or is nothing better? Because if you do something it won't address the real fundamental problem."

Walters: "My concern is if we just do a little something, it won't address the fundamental concerns that we're facing -- and the issue may very well go away."

A separate interview about voting rights and legislation starts at the 14-minute mark with Sen. Alex Padilla, D-Los Angeles.

August 16, 2012
Column Extra: Read the California state engineers' furlough grievance

With just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our State Worker column in today's Bee notes that Professional Engineeers in California Government filed a grievance triggered by furloughs started in July. The union claims that the Brown administration violated the PECG contract by suggesting a 2012-13 budget that funds only 95 percent of their members' wages.

The then-Department of Personnel Administration (now dubbed the Department of Human Resources), said that the June 4 grievance was "premature" because it was filed before the July 1 start of furloughs so that no union members had suffered a loss.

The administration also said that Brown was acting in his role as governor in presenting a budget plan, not as the state's employer. Therefore, the administration said, Brown didn't violate the union's contract.

PECG attorney Gerald James asked for arbitration to keep the association's options open, but hasn't pushed the matter any further, union spokesman Ryan Endean said Wednesday.

PECG Jun4, 2012, furlough grievance and related correspondence

August 10, 2012
Unions kick in another $1.1 million to defeat Proposition 32

Service Employees International Union and labor organizations representing firefighters and pipe trades workers have given a combined $1.1 million to the campaign to defeat Proposition 32, according to state records.

SEIU's California State Council of Service Employees Issues Committee gave $500,000. California Professional Firefighters Ballot Issues Committee donated $350,000 and California State Pipe Trades Council of the United Association contributed $250,000. The contributions were reported Thursday.

The Nov. 6 ballot measure would ban unions and corporations from using payroll-deducted funds for political purposes. It would also ban direct campaign contributions by either interest group. Both sides would be able to continue funding independent expenditure campaigns as they do now.

Defeating Prop. 32 is the top priority for labor unions, which rely heavily on payroll-deducted member dues to build their campaign war chests. Corporations use other means, such as contributions from executives and funds from their company treasuries to play in politics.

120809 Union Contributions

August 9, 2012
Column Extra: California's state worker layoff process

With just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Today's State Worker column references the complexity of the state's process for laying off employees. Using the flowchart below, we came up with 14 steps: three before a department announces a layoff and 11 steps during and after -- and that doesn't include what CalHR has to do.

The process is negotiated with unions. Here's a chart that lays it out, backed by nine pages of explanation:

August 9, 2012
Column Extra poll: Furloughs versus layoffs in California

With just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our State Worker column today looks at why state employee unions may agree to speed up the layoff process in exchange for a no-furlough guarantee when labor contract talks commence next year.

Clearly, the best scenario for state employees would be pay raises, not any sort of pay reduction. And state workers and the unions say the state needs to pay more attention to soaring outsourcing costs.

But if the state budget continues to struggle and Gov. Jerry Brown and the Legislature again force the unions to accept some sort of payroll cut in fiscal 2013-14 to help close another deficit, what's the least-bad solution?


August 6, 2012
Clock starts on deadline for Jerry Brown to appeal state worker furlough case

Thumbnail image for 100609 gavel.jpgGov. Jerry Brown must decide by the end of next month whether to keep fighting state engineers and scientists over a recent furlough lawsuit he lost or pay $12 million in back wages to settle accounts.

It's not clear whether Brown will appeal. California Department of Human Resources spokeswoman Lynelle Jolley said this morning that state attorneys hadn't yet discussed the matter.

Brown's window to the appellate court closes 60 days from last Thursday, which was when attorneys for Professional Engineers in California Government and California Association of Professional Scientists filed the final paperwork in PECG v. Brown with Alameda Superior Court Judge Steven Brick.

In June, Brick ruled that some 13,000 PECG and CAPS members were excessively furloughed two days last year. He also decided that about 250 of the unions' members shouldn't have been furloughed at all.

Engineers stand to receive a total $10 million in back pay, said Ryan Endean, who speaks for both PECG and CAPS. Scientists would receive about $2 million total. An appeal by Brown would most likely put the payments on hold while the court fight continues.

IMAGE: www.yolocourts.ca.gov

August 3, 2012
California Teachers Association gives $7.5 million to No on 32

The California Teachers Association has ponied up $7.5 million to fight Proposition 32.

The November ballot measure prohibits the use of payroll-deducted funds for political purposes, eliminating labor unions' primary way of raising money for campaigns and other political spending. It also bans direct campaign contributions by corporations and unions.

The contribution, reported Friday in a campaign finance filing on the secretary of state's website, brings the total raised by the opposition campaign this year to more than $16 million. The No on 32 committee reported having $6.5 million in the bank as of June 30, though that balance doesn't count this check or other contributions received in the last month.

Supporters of the measure, who say it will take special interest money out of politics, have raised more than $2.2 million to date. They ended June with a little more than $1 million in the bank.

August 3, 2012
SEIU Local 1000 hosts Proposition 32 phone session

SEIU Local 1000 President Yvonne Walker hosted a telephone town hall session this week about Proposition 32, the November ballot measure that would ban unions and corporations from contributing money directly to candidates.

In the phone session, Walker was joined by Trudy Schafer, a senior director of the League of Women Voters, to discuss the measure. Both groups oppose it.

Schafer said the League of Women Voters is against it because "it would appear to be campaign finance reform, but we believe that it is not reform, it is unbalanced and unfair."

Schafer said it will have no effect on Super PACs, and even though the bill bans corporations from contributing money to candidates, it does not prevent LLCs, limited partnerships and other 'big businesses' from doing so.

She said afterward that many union members had general questions about the measure, but she didn't hear any about payroll deductions. Proposition 32 would eliminate the use of payroll deductions to raise political money.

"Those who are familiar with the measure recognize that the payroll deductions for political purposes are voluntary," Schafer said.

She added that many union members give a small amount of money that, given alone, would not have a large impact but collectively has a larger effect - undercutting unions' political influence.

July 30, 2012
California Democratic Party takes 'no' stance on union dues measure

The California Democratic Party formalized its position on Proposition 32, voting at a weekend executive board meeting to oppose the November initiative.

The measure bans unions and corporations from using payroll-deducted funds for political purposes. It also bans direct campaign contributions by either interest group.

Defeating the measure on the general election ballot is seen as the top priority for labor unions, which rely heavily on payroll-deducted member dues to build their campaign war chests, and their Democratic allies.

"We have a real fight on our hands in California this year but Democrats are prepared to dig deep and work hard to win," California Democratic Party Chairman John Burton said in a statement. "If Prop 32 were to pass, it would effectively silence the voice of working families at the ballot box while giving corporate interests and billionaire businessmen free rein to exert even more influence on our political system. We're not going to let that happen."

See where the California Democratic Party stands on the other ten measures slated for the November ballot over at our sister blog Capitol Alert.

July 26, 2012
From the notebook: Read the California state scientists' request to retain some student assistants

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our recent story on student assistants losing their state jobs mentioned that the California Association of Professional Scientists has taken issue with the decision to ax students who work with its members.

The terminations will hit Sept. 1 in keeping with terms reached between Gov. Jerry Brown and SEIU Local 1000. The agreement also says that the state won't hire any more student assistants as long as Local 1000-represented employees are on furlough through June 30, 2013.

Here's a July 12 letter from CAPS President David Miller to the Brown administration that lays out the union's concerns:

David Miller letter to Julie Chapman

July 23, 2012
Proposition 32 opponents blast measure as flawed, unfair

Leaders and activists representing good government advocates and labor organizations today officially lauched their fight against a campaign finance reform measure on the November ballot, depicting it as unfair and fatally flawed.

The measure, Proposition 32, eliminates payroll-deducted monies from use for political purposes by unions and corporations. It also bans campaign contributions by either interest group, although both could continue spending unlimited sums on independent expenditure efforts.

July 23, 2012
From the notebook: A student assistant comments on her impending layoff, tuition hikes and job prospects

notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Our story in today's Bee takes a closer look at the state's plan to ax hundreds of its student assistants at the end of next month, in keeping with a furlough agreement Gov. Jerry Brown reached with SEIU Local 1000 lastt month.

In the course of reporting, we talked to about a dozen students and corresponded via email with about the same number.

Here's one of those emails from Sacramento State student Heidi Temple. We're posting her words here unedited and with her permission. She was speaking for herself, not her colleagues, supervisors or her employer:

July 20, 2012
SEIU Local 1000 gives $500,000 to fight Proposition 32

SEIU Local 1000 has contributed $500,000 more to fight Proposition 32, the campaign-funding initiative, according to records filed Thursday with the state.

Local 1000's latest donation nearly doubled the $503,000 it previously donated to the cause, pushing its total contribution so far to just over $1 million.

Unions so far have given nearly $9 million to defeat the measure, which would ban money obtained via payroll deductions from being used for political purposes. The ban would extend to both unions and corporations, but it would clearly hurt labor interests more, since they receive nearly all of their political operating money from payroll deductions of their members' dues.

Corporations, on the other hand, draw most of their political funds from executive donations and company resources. Those kinds of business sources have donated a little over $4 million to support the measure, which goes before voters on Nov. 6.

Prop. 32 also bans both groups from donating directly to political campaigns, although it leaves room for unlimited spending on independent expenditure efforts to support or oppose politicians or political causes.

SEIU Local 1000 Contribution to No on 32 Campaign

July 20, 2012
Only about 5 percent of SEIU Local 1000 voted for furlough ratification

120508 Yvonne Walker 2008 brian baer.JPGAbout 5 percent of the 93,000 workers represented by SEIU Local 1000 voted for a recent agreement with Gov. Jerry Brown that included a new round of furloughs for one year.

According to union sources familiar with the June 27 vote, 7,223 members cast ballots. Local 1000 officials didn't respond to several requests to confirm or deny the number. On July 3 the unions did announce that 65.76 percent of the votes supported the agreement. That means 4,750 Local 1000 members supported the deal.

The side-letter ratification process was unusual for several reasons.

July 19, 2012
Column Extra: Arnold Schwarzenegger's pitch on banking leave

With just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Today's column looks at the Parks Department leave scandal as a failure of management. In fact, if you talk to anyone who has looked at the issue of excessive state leave accrual, a common comment you'll hear is that it's primarily a management problem.

State policymakers have been talking about fixing it for years. Here's a proposal that the old Department of Personnel Administration made to SEIU Local 1000 back in 2005. The same proposal went out to all the unions that year, but it fell flat. The unions pointed out that the growing leave-balance problem was a management issue, not a rank-and-file problem. Managers pushed back. The idea fell flat.

Side note: The two sides did eventually agree that year on using a highest three-year average to calculate pensions for future hires.

Scroll down to Article 8 at the top of page 3:
DPA's 2005 bargaining proposals to SEIU Local 1000

July 13, 2012
Column Extra Part 2: How Gov. Jerry Brown would counter a furlough lawsuit

Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgWith just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published each Thursday.

On Thursday, we looked at one way Professional Engineers in California Government might sue the state for imposing furloughs on its members and violating state and federal contract laws. The union hasn't committed to suing and has said it still hopes to work out an agreement with Gov. Jerry Brown for wage reductions.

But how would the state, specifically the Brown administration, defend the imposed furloughs?

July 12, 2012
Column Extra Part 1: Inside the legal argument against California state worker furloughs

Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgWith just 400 to 450 words for our weekly State Worker column, much of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published each Thursday.

Our column in today's fiber/cyber Bee notes that for the first time since furloughs became a regular feature in state budgets three years ago, the government has imposed them on employees who are under contract.

Although Gov. Jerry Brown negotiated furloughs with 19 of the 21 bargaining units representing state workers, two haven't gone along: Professional Engineers in California Government (Unit 9) and International Union of Operating Engineers (Unit 13).

The governor has used authority bestowed on him by the Legislature to impose a one-day-per-month furlough on the holdouts. Now the questions are whether the either union will sue and what the basis of a lawsuit might be.

July 11, 2012
Jerry Brown administration issues furlough orders for holdout California state worker unions

blanning.jpegIt's official. Gov. Jerry Brown has accomplished what his predecessor couldn't: All state workers under the governor's authority are now furloughed.

Despite Brown's long-time criticism of furloughs as a bad business practice for the state, his Department of Human Resources (the former Department of Personnel Administration) last week issued a memo to government personnel officers detailing how to execute a 4.62-percent cut in the hours and pay for employees whose unions didn't negotiate a salary reduction with Brown.

The memo applies to about 11,000 state engineers in Bargaining Unit 9, most of whom work for Caltrans, and another 900 or so heavy machinery operators in Bargaining Unit 13.

Although the state's furlough memo applies retroactively to July 1, the Brown administration is still open to a negotiated reduction, said CalHR spokeswoman Lynelle Jolley.

"We've certainly left the door open," Jolley said.

Bruce Blanning, executive director of Professional Engineers in California Government, said that the union is continuing to talk with the Brown administration. In the meantime, it has told members to comply with the furlough policy, even though PECG may later fight it in court.

"We've told them to take days off if they're told to," Blanning said. "Obey now, grieve later. Anything else would be insubordination."

Still, Blanning said, "We'd prefer to work it out."

July 10, 2012
Jerry Brown says California public pension reform won't be on November ballot

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for 080811 Jerry Brown.JPGGov. Jerry Brown has backed away from his earlier call for legislators to put a pension-change measure on the November ballot, although the administration is continuing to push for statutory changes.

In an email to The State Worker, Brown spokeswoman Elizabeth Ashford said, "There won't be pension changes on the November ballot. But we'll get the reforms done, you can count on that."

July 5, 2012
Budget ends furlough protections for State Compensation Insurance Fund employees

California's state attorney's union launched its furlough agreement ratification today. While it's 3,700 or so members ponder their vote, several hundred who work at the State Compensation Insurance Fund face a new reality: They're no longer protected from furloughs.

Lawyers representing the state attorneys' union and SEIU Local 1000 employees won several court cases that turned back furloughs and restored lost pay for employees at the self-sustaining fund by relying on a state law that protects them from "staff cutbacks." Nearly 8,000 State Fund workers were wrongly furloughed, the courts said.

This time around, however, things are different.

July 5, 2012
Column Extra poll: More state labor concessions down the road?

Today's State Worker column looks ahead at what accepting furloughs while under contract means for state employee unions next year.

Our conclusion: Unless voters approve Gov. Jerry Brown's tax hike on the November ballot, state employees will likely face more furloughs in the 2013-14 budget year. If the unions were willing to do it while under contract this year, how can they resist pay reductions next year when nearly all bargaining units' agreements expire July 1, 2 or 3, 2013?



July 5, 2012
From the notebook: More about the union furlough agreements

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Here are some interview quotes that didn't get into Tuesday's Sacramento Bee story on the SEIU Local 1000 ratification vote on the side-letter furlough deal with Gov. Jerry Brown:

July 3, 2012
SEIU Local 1000 members vote to accept furloughs

SEIU Local 1000 has announced that 65.76 percent of its members have approved a furlough agreement reached with Gov. Jerry Brown last month that assigns them them 12 unpaid days off over the fiscal year that started on Sunday.

The union announced the results on its website this morning, a day later than it had promised last week when it announced that members would have one day to vote at one of more than 80 polling places around the state. It did not release the raw tally of the votes in its announcement this morning.

"Because Local 1000 chose to negotiate with the governor rather than let our members be subject to imposed furloughs, we were able to achieve important solutions that went beyond a pay reduction in exchange for time off," Local 1000 President Yvonne Walker said in a statement posted this morning on the union's website.

The agreement requires the state to purge its payroll of all student assistants and "non mission-critical" retired annuitants by Sept. 1. The state won't hire either again while Local 1000-covered workers are on furlough.

The deal also sets up a task force that will regularly review outsourced service contracts.

The vote affirms a cost-cutting move that the Brown administration estimates will save the state some $839 million, about $401 million of that payroll relief to the general fund. SEIU's agreement is key to achieving the savings because the union covers 93,000 employees, roughly half the state's unionized workforce.

Many state workers were angry when Brown figured those savings into his May budget revision, since they are under two- or three-year contracts that already included a year of furloughs and remain in effect through June of next year.

Some SEIU workers were particularly upset, thinking that Local 1000 President Yvonne Walker had privately assured Brown that she could deliver the pay cut. Walker said that she had suggested going to a four-day, 10-hours-per-day workweek which Brown "tweaked" to a 4/38 schedule. That essentially amounted to a two-hours-per-week furlough that reached the 5 percent pay cut the governor sought.

Eventually, Local 1000 negotiators pressed for a more conventional floating furlough day that cut state employees' monthly pay by nearly 5 percent but allowed some flexibility with when they took the time off. Several other unions had previously agreed to similar furloughs, including, for the first time, groups representing CHP officers and state fire fighters.

June 29, 2012
Mysterious website calls unions 'the new California bandits'

120619 Bandits.JPGA website of unknown origin has launched with a not-so-subtle invitation:

"LEARN THE TRUTH ABOUT THE SIX UNIONS THAT WANT TO RAISE YOUR TAXES AND KILL CALIFORNIA'S ECONOMIC RECOVERY!"

It's not clear who is behind the website. Bee Capitol Bureau colleague Torey Van Oot checked the registration for the site's domain name, thenewcaliforniabandits.com, which led to a Florida-based administrative contact, Domain Discreet Privacy Service.

The State Worker contacted California Republican Party spokeswoman Jennifer Kerns to see if the state GOP was behind the site.

"Nope, not us," Kerns said in an email. "I don't know who it is."

The anti-tax, anti-organized labor website blasts "the union plan" to raise taxes, calls out "union bosses" and publishes the pay of top officials for AFSCME, the California Federation of Teachers, the California Teachers Association, SEIU and the California Nurses Association.

The site gives similar treatment to the Alliance of Californians for Community Empowerment, which was formerly the California chapter of the Association of Community Organizations for Reform Now (ACORN). The libral and politically active group isn't a union but has strong ties with labor.

Visitors to the website are invited to "Report a bandit!" And, of course, there are the usual buttons to share the site via social media.

The State Worker is continuing to investigate the website's source.

June 27, 2012
State scientists reach furlough deal with Jerry Brown

The California Association of Professional Scientists reached a furlough deal this afternoon with Gov. Jerry Brown, leaving just four of the state's 21 bargaining units without an agreement.

The association, which represents some 2,500 state scientists, said it agreed to take 12 unpaid days off in the fiscal year starting July 1, resulting in a salary cut of nearly 5 percent.

"Too often in recent years, the dedicated scientists who serve the people of California have been asked to sacrifice to help balance the state budget.  This is another one of those times," CAPS President David Miller said in a prepared statement. "It's very painful and difficult for all of us.  But we sacrifice in hopes of a better future for everyone."

The agreement is similar to one tentatively accepted Saturday by the state's largest union, Service Employees International Union Local 1000.

June 26, 2012
Defining 'mission critical' retired annuitants in California's state workforce

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

So what's a "mission critical" retired annuitant, anyway?

We'll soon find out. As we've reported, the horse-trading between Gov. Jerry Brown and SEIU Local 1000 over furloughs included a mandate that departments purge their payrolls of RAs by Sept. 1. Only those deemed mission critical -- in other words, people whose departure would impair the normal function of the organization -- will be exempt.

June 25, 2012
Rumor of Highway Patrol pay deal spreads false info

chp badge.JPGA persistent rumor is wafting through state government that the California Association of Highway Patrolmen is pushing legislation that would reduce how much they contribute to their pensions.

While The State Worker loves a good pay-and-politics scandal as much as anybody, in this case the rumor is false.

Here's a recent email to The State Worker that succinctly explains the scuttlebutt we've been hearing:

June 25, 2012
Poll: Will SEIU Local 1000 members vote for a pay cut?

As reported here, SEIU Local 1000 will let members cast ballots on Wednesday to register where they stand on a new furlough agreement negotiated with Gov. Jerry Brown.

The results of the vote will be announced on July 2. How do you think it will turn out?

June 22, 2012
Jerry Brown reaches furlough deal with California state doctors, dentists

The Union of American Physician and Dentists has agreed to an 8-hours-per-month furlough for its members that will begin July 1.

The agreement covers roughly 1,800 doctors and dentists. The union has posted the details of the side letter that avoids reopening the union's full contract. Under the terms of the so-called "personal leave program," or PLP, the state deducts 4.62 percent of gross pay from each employee's monthly paycheck. They have some flexibility to schedule the time off, according to the union's summary of the agreement:

PLP 2012 must be used in the month in which it is earned. PLP 2012 shall be requested and used by the employee in the same manner as vacation or annual leave. If the employee has not submitted a PLP 2012 leave request by the 20th of the month in which PLP 2012 is accrued, the time shall be scheduled by his/her supervisor. When this is not operationally feasible, PLP 2012 shall be used before any other leave except sick leave.

That provision lines up with furlough deals recently accepted by other groups, including state fire fighters and Highway Patrol officers. UAPD is the sixth state employees' union to accept furloughs that will contribute to an estimated $839 million in payroll savings during the 2012-13 fiscal year.

Brown also agreed to create a Contracting Out Committee comprised of four UAPD representatives and four state officials. The "CoCo" will meet at least once every two months with an agenda to curb state job outsourcing.

The state's largest public employees' union, SEIU Local 1000, has been in talks with Brown for two weeks, but hasn't yet announced a furlough agreement.

Click here to open UAPD's summary of the side-letter deal.

June 21, 2012
SEIU Local 1000 reacts to U.S. Supreme Court decision

Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgSEIU Local 1000 spokesman Jim Zamora emailed this statement to The State Worker in response to this morning's U.S. Supreme Court decision against the union in Knox v. SEIU Local 1000:

Unfortunately this decision continues the attack on the right of public sector workers to act collectively to impact their workplace on important issues However, we can make the narrow adjustments the court requires on our dues system.

It should be noted that the U.S. Supreme Court has affirmed the right of corporations to put millions of dollars into the political system. Yet shareholders currently have no right to object to the spending of that money against their political or ideological beliefs.

The high court ruled that the union should have given nonmembers an immediate chance to object when it unexpectedly increased fees in 2005 to fight two ballot initiatives backed by Gov. Arnold Schwarzenegger and to raise money for the upcoming 2006 election campaigns. The union said that the yearly opportunity workers have to opt out was sufficient.

RELATED POSTS
U.S. Supreme Court rules against SEIU Local 1000 in fee case
U.S. Supreme Court takes SEIU fee hike case
SEIU Local 1000 wins union fee case in 9th Circuit Court

IMAGE: www.yolocourts.ca.gov

June 21, 2012
U.S. Supreme Court rules against SEIU Local 1000 in fee case

The U.S. Supreme Court has ruled that SEIU Local 1000 didn't appropriately notify members and fair-share payers when it temporarily raised fees in 2005 and 2006.

The 7-2 decision released by the high court this morning in Knox v. SEIU Local 1000 means that unions must give nonmembers an immediate chance to opt out of unexpected fee increases or special assessments required of workers in closed-shop workplaces, such at California's state government.

The court said that Dianne Knox and other nonmembers represented by Local 1000 didn't receive the legally required notice in advance of a $12 million assessment the 93,000-state employee union charged them to raise money for the union's political fund.

In 2007, a district court ruled against the union and ordered refunds of the money with interest. San Francisco's 9th Circuit Court reversed that decision as "practically unworkable."

The high court said today that union opt-out fee policies "approach, if they do not cross, the limit of what the First Amendment can tolerate." Then this summary passage:

June 20, 2012
State worker calls on SEIU Local 1000 leaders to 'force the state to honor our contract'

Thumbnail image for 120130 Yvonne Walker 2008.JPGHere's an email from state employee Paul Warrick to SEIU Local 1000 leaders regarding the 5-percent pay reduction that union and Brown administration negotiators have been discussing since June 9.

Warrick cc'd The State Worker on Tuesday when he sent the email to Local 1000. With his permission, we're publishing it here, unedited:

Dear President Walker and SEIU 1000 Board Members,

Thousands of state workers are concerned that you won't stand up for us, and force the state to honor our contract. You need only mention the furloughs of the two years preceding our current contract, our increased contribution towards our retirement, the rare Unit 1 cost of living adjustments over the last decade- plus, and the scaling back of benefits for new employees to completely justify a firm stand.

We are sick and tired of the threats of layoffs. We don't want new employees to be laid off, but those of us who have been here for the long haul are weary of layoffs being characterized as our responsibility, when it is not.

Please don't act complicity with the Governor by continuing to further sacrifice our benefits and wages for political appearances aimed at persuading the electorate to support the Governor's tax increase in November.

When the Governor begins his campaign for the tax initiative, his recitation of cuts and concessions mentioned in the first paragraph above is more than sufficient to illustrate that rank and file state employees have done their fair share in these tough economic times.

Besides, the electorate are clamoring for pension reform, not more furloughs. They won't be impressed.

PHOTO: Yvonne Walker / Sacramento Bee 2008 file, Brian Baer

June 15, 2012
Correctional officers, firefighters, psych techs, Jerry Brown tentatively agree to furloughs

State firefighters, correctional officers and psychiatric technicians will take a 5 percent pay hit starting next month under agreements their unions reached Friday with Gov. Jerry Brown.

The news came at the end of a week that saw several unions engaged in intense negotiations with the administration over the wage reduction. The largest group, the 93,000-member SEIU Local 1000, had submitted a proposal to Brown but as of this afternoon had yet to finalize the deal.

The agreements with the California Correctional Peace Officers Association, the California Department of Forestry Firefighters and the California Association of Psychiatric Technicians all mirror a deal reached with the CHP officers' union last week. Under those terms, employees' pay is docked eight hours per month for one year, but the time can be taken later.

The deal with the firefighters marks the first time that group has been furloughed since Gov. Arnold Schwarzenegger launched the policy in February 2009.

Firefighters' union spokesman Terry McHale said that members have "given and continue to give" with budget hits to department staffing and equipment the last few years.

"We understand the tenor of the times," McHale said.

Spokesman JeVaughn Baker declined to talk specifics about CCPOA's deal with Brown until the union's leadership could evaluate it.


June 14, 2012
CA budget bill deletes state worker furlough language -- for now

Thumbnail image for assembly seal.gifThe Legislature's 2012-13 state budget proposal eliminates language that Gov. Jerry Brown proposed that would have allowed him to furlough or make other payroll-cutting moves against rank-and-file state workers if their unions refused to negotiate a 5 percent pay reduction.

The unions have been pushing Democrats in the Legislature to make the change, which strengthens their position in negotiations with the administration to cut a total $839 million from the state's payroll costs.

Lawmakers could make more language tweaks between now and Friday's budget deadline or later enact legislation that restores some or all of the authority Brown wanted.

The budget language indicates that Democrats are hoping that all the unions will negotiate payroll reductions for the coming budget year without legislative intervention. But just as the union's hand is strengthened at the bargaining table now, Brown's position is weakened. The unions, which all have current contracts, could view the watered-down bill as a reason to seek more at the table, give Brown less or refuse any pay-cut deal at all.

There's a question in this for Brown, too: How much does he want explicit authorization to enact payroll reductions if bargaining fails? Is he willing to veto a budget that fails to give him that leverage? Or is he certain that all the unions will accept a 5 percent pay reduction even if there's no imposed furlough threat backing him up?

Here's the pertinent language in Assembly Bill 1464 and Senate Bill 1004, which was released this morning. We've underlined the key phrase:

June 14, 2012
Column Extra: Senate President Pro Tem Darrell Steinberg's message to unions: 'Work it out.'


With just 400 to 450 words for our weekly State Worker column, most of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Today's State Worker column highlights the tension between labor unions and Democrats over whether the Legislature will confer furlough authority on Gov. Jerry Brown. At the end of the piece, we quote Senate President Pro Tem Darrell Steinberg, D-Sacramento, weighing in on union talks with the governor over pay reductions.

The brief video above captures our question about the negotiations and Steinberg's remark at the very end of a Wednesday morning Capitol press conference on the budget.

June 14, 2012
SEIU Local 1000 waiting for Jerry Brown to respond to its furlough offer

SEIU Local 1000 has submitted a pay- and cost-reduction proposal to the Brown administration that includes flexible furloughs, but as of this morning has not received a response.

"Local 1000 has proposed that any reduction in pay would be in exchange for time off," the union said in an online statement. "Our proposal would maximize flexibility in how members take their time off."

The union also wants the administration to create a task force "with real authority to cut private contracting," and reduce the ranks of state retired annuitants and student assistants.

June 13, 2012
From the notebook: Read the 'lost' passages from California retired annuitants story

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Today's story about the costs and politics of how the state uses retired annuitants in today's Bee is the product of two days of number-crunching and interviews, most of which didn't see print.

That's often the case when reporting complex stories. Reporters and editors sift through what's known and written, making dozens of decisions about what to leave in and what to take out.

We made a decision to take out the following paragraphs from today's piece, concluding that they were probably number-heavy details that general readers either wouldn't easily follow or care about.

State Worker blog users, however, tend to be more knowledgeable about the fine details of state government and the bureaucracy. So rather deleting these paragraphs forever, we thought they would make for good blog item:

... Some agencies relied relatively little on retirees. The California Department of Transportation, the Highway Patrol and the State Compensation Insurance Fund spent less than 0.1 percent of total payroll last year on retired annuitants.

Others relied more on them. The departments of Mental Health, Water Resources and Social Services all spent at least 1.4 percent of their payroll on retired annuitants - twice the statewide average.

Among moderately-sized agencies, Department of Community Services and Development spent about 12 percent of its payroll on 42 retired annuitants in calendar 2011, 17 times the state average and the highest rate of any department.

Spokeswoman Rachel Arrezola attributed that to heavy workloads triggered by federal monitoring standards for how the department is spending $275 million in Recovery Act money received a few years ago.

"Given the increased federal requirements, CSD needed temporary support to meet the temporary workload," Arrezola said.

Before that, the department employed just 13 retirees and currently has 27, about one-third the number of its regular state-employee staff.

"Our Recovery Act program will wrap up in December," Arrezola said. "We'll reduce the department's temporary support accordingly."

RELATED POST:
Audit: State could lose $93 million in Recovery Act money

June 12, 2012
SEIU Local 1000 pushes for trade: furloughs for tougher outsourcing rules

Thumbnail image for Thumbnail image for Thumbnail image for 080811 Jerry Brown.JPGSEIU Local 1000 negotiators resumed bargaining with Gov. Jerry Brown's administration this morning, and are seeking cuts in outsourcing and ending the use of retired annuitants and student employees as conditions to accept a pay reduction.

The union said in a memo to members on its website that negotiators also want "maximum flexibility" for employees to take unpaid time off to meet Brown's goal to cut workers' hours and pay by 5 percent. The governor has suggested achieving the savings by putting state workers into a four-day workweek schedule of 9.5 hours per day, but is open to alternatives.

PHOTO: Gov. Jerry Brown / 2010 Sacramento Bee file, Hector Amezcua

June 11, 2012
SEIU Local 1000 President Yvonne Walker holds online meeting on bargaining, Jerry Brown's furlough

Thumbnail image for Thumbnail image for Yvonne_Walker_small.jpgSEIU Local 1000 President Yvonne Walker held an online town hall meeting on Saturday to discuss negotiations with Gov. Jerry Brown's administration over his proposal to cut employees' hours and pay by roughly 5 percent per month.

Formal talks started that day and continued Sunday. There's been no word on the status of the discussions or any agreement between the state's largest public employee's union and the administration.

In the following video, Walker says the union first proposed a four-day, 10-hours-per-day workweek, but that Brown's May budget revision give it a "twist": four 9.5-hour days.

Still, Walker gives Brown credit for including organized labor in his budget plans, for explaining to the unions why he wants $839 million in employee compensation cuts ($401 million from general fund wages) and for negotiating with the unions.

"I'm going to be honest with you. The 5 percent cut, that's real," Walker said, "But what's not real is how you get there. I think the bargaining teams have been spending a lot of time over this past week trying to get to that dollar amount in different ways."

June 11, 2012
Unions fire Internet blast at California ballot measure

The organized labor coalition fighting a November ballot measure that would end payroll-deducted money for political spending -- the channel through which unions raise funds to play in politics -- has launched a new video blasting the proposal.

The unions' message attacks the measure as an unfair idea that would put new limits on the influence of organizations that speak up for working people while exempting self-interested elites.

As we mentioned in our Sunday story on the battle ahead over the proposition, look for labor to continue connecting the words like "exempt" and "Wall Street" to tar the measure. Backers, meanwhile, will continue to insist that it's an even-handed proposal that would limit influence by both unions and corporations because it bans both sides from making direct contributions to candidates.

The measure does nothing to limit independent expenditure spending. Since unions raise political money through payroll deductions of their members and corporations spend money donated by executives or taken from company funds, the proposition would hit organized labor harder.

June 8, 2012
Unions meeting with Brown administration on 5 percent cut

Look for a series of announcements in the next few days from Gov. Jerry Brown and several bargaining units that they have reached agreements to reduce employees' compensation.

Brown proposed putting most state workers on 9.5-hour shifts four days per week and closing departments on either Fridays or Mondays. Labor and Workforce Development Secretary Marty Morgenstern has said that the administration wants the workweek furlough or equivalent cuts of 5 percent negotiated in time for scoring in the budget, which lawmakers must pass by June 15.

That doesn't leave much time.

SEIU Local 1000 is meeting with the administration Saturday. California Association of Psychiatric Technicians is meeting Tuesday. We've heard -- but haven't confirmed -- that other unions have already met with the administration and that deals with those groups will soon be announced.

June 8, 2012
State employees suggest alternatives to Jerry Brown's four-day-workweek furlough plan

The Association of California State Supervisors is running a poll on its website to gauge the popularity of various alternatives to Gov. Jerry Brown's four-day workweek proposal.

The Brown administration has said it will consider alternatives that accomplish the 5 percent cut in employee compensation costs the governor wants in the 2012-13 state budget, so ACSS asked its members for ideas and then used them for the online poll. The options include:

• Reinstituting the Personal Leave Program.
• Going to a one-day-per-month furlough.
• A five-day workweek with 7.5-hour shifts.
• Closing offices at 3 p.m. on Fridays.
• A 5 percent pay cut, working hours not impacted. (0.8 percent picked that option)
• Letting departments design their own savings plans.

June 7, 2012
UPDATE: 13,000 California state workers win back pay in furlough lawsuit

Editor's note, 5:51 p.m.: This post has been updated with a response from the Brown administration.
Editor's note, 2:40 p.m.: This post has been updated with a statement by CAPS President David Miller.

An Alameda County judge has ruled that state engineers and scientists are owed back wages because they were excessively furloughed last year.

The decision, which also includes a ruling to restore all the furlough wages withheld from a few hundred employees' paychecks, means some 13,000 workers could receive roughly $10.5 million in back pay. The payments would not affect the state's general fund, because the employees due the money are paid from special funds.

In an email to The State Worker, Department of Personnel Administration spokeswoman Lynelle Jolley said, "We are evaluating the ruling and are likely to appeal."

The Superior Court decision affirms that "this was an Illegal act by Gov. Schwarzenegger that cheated employees," said Bruce Blanning, executive director of the engineers' union. "They're entitled to the money illegally withheld from them."

California Association of Professional Scientists President David Miller issued a statement, "The ruling proves what CAPS has contended all along: the Schwarzenegger furlough plan was misguided, didn't save money, and was illegal. We look forward to working with the Brown Administration to implement the decision and avoid illegal furloughs in the future."

It's worth noting, however, that the extra two days of furlough that make up the bulk of the back wages awarded in the unions' lawsuit occurred in April 2011, when Jerry Brown was governor. The Bee has contacted the administration, seeking comment on whether Brown will appeal. We'll update this post with the response.

June 4, 2012
From the notebook: More about the union challenge to Corrections' legal services contract

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our story in today's fiber/cyber editions of The Bee includes a reference to a request for the State Personnel Board to review a $5 million legal services contract between a private law firm and the California Department of Corrections and Rehabilitation.

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment filed the request and the board overturned the contract, albeit so late that the law firm will continue its work until the agreement expires on June 30.

Here's the paper trail:

CASE's Feb. 14 request that the State Personnel Board review the contract
CDCR's Mar. 23 response to the request for contract review
CASE's Mar. 30 reply to CDCR's response
The State Personnel Board's decision to disapprove the contract

June 1, 2012
Bill to arm California state hospital cops goes to Senate

AlanBarcelona.jpgA watered-down measure aimed at arming hospital police is now in the state Senate's hands after clearing the Assembly without opposition.

Assembly Bill 2623, authored by Santa Rosa Democratic Assemblyman Michael Allen, cleared the lower chamber on 71-0 vote Thursday.

The measure requires the Department of Mental Health and the Department of Developmental Services to develop a policy for arming state hospital peace officers are working outside the secure area of the hospital.

That's not much different than current law, which leaves it to the departments to decide whether those 800 or so cops can carry a weapon on the job. None do.

May 31, 2012
Final briefs filed in CCPOA lawsuit appeal; court hearing next

Thumbnail image for Thumbnail image for 100602 yolo county gavel.jpgThe final briefs have been filed in the Dawe v. Corrections USA case, signaling that the California Correctional Peace Officers Association appeal of a multimillion-dollar court decision against it is moving toward a hearing.

In 2010, CCPOA lost a federal defamation case brought by businessman Brian Dawe. Judge Lawrence Karlton, who heard the case in Sacramento and lowered a jury's $12 million award to $5 million, then ordered CCPOA to post property and cash as collateral during the appeal.

Attorney Dan Baxter, who represents Dawe, has cross-appealed Karlton's decision to reduce the award.

We expect that in the next few weeks the court will set a date for oral arguments to commence, probably in the last quarter of this year.

CCPOA is asking the 9th U.S. Circuit Court of Appeals to overturn the decision because the trial court, the union says, shouldn't have allowed consideration of "assertedly libelous statements that form the core of Plaintiffs' case and the basis for their multi-million dollar judgment."

The union also argues says that Karlton erred by changing a ruling that Dawe was a public figure. Public figures have to prove that a defamatory statement about them is made with "actual malice." In other words, to win a defamation lawsuit, public figures have to prove that whoever made the statement knew it was false or made it with reckless disregard for whether it was true.

And, CCPOA says, that even the reduced award is excessive, since it is more than the union's net worth.

The plaintiffs counter that Dawe was indeed libeled and that the union's net worth isn't a standard for setting awards. Besides, Dawe's filing says, CCPOA's net worth is more than it has claimed, since the association takes in nearly $30 million per year in dues from members and has a history of spending money on entertainment, property and executive travel, among other things.

We've embedded the final briefs filed by both sides, and you can read them by clicking the link below. Or you can download the files by clicking here for CCPOA's brief and here for Dawe's brief.

Note: The filings contain profane language.

May 24, 2012
SEIU Local 1000 to start pay cut talks with Jerry Brown

In a letter to members this afternoon, SEIU Local 1000 officials said that they are preparing to negotiate with Gov. Jerry Brown's administration early next month, spurred by his proposal to put state workers on a 4/9.5 workweek that would cut their hours and pay by 5 percent.

The chairs of Local 1000's nine bargaining units said that whatever concessions they negotiate will be put in a "side letter" agreement. That would avoid reopening the local's contracts.

Ahead of that, union officials are soliciting savings ideas to offer as alternatives to Brown's furloughs. Next week the local will conduct an online survey of members.

The union's bargaining team will review all of that information ahead of negotiations scheduled to start June 9. Whatever agreement is reached at the table will go to the rank and file for a ratification vote.

Here's the union's rationale for bargaining cuts:

"As the elected leaders of all nine bargaining units within Local 1000, we agreed that it's better to be aggressive participants in the effort to find solutions to achieve savings. We intend to be part of the action, not acted upon.

"We could have said 'no,' and demanded that the governor honor our contract. By staying engaged, we minimize the potential for a huge number of layoffs and even deeper cuts in vital services, like education and the programs that serve California's most needy."

Here's the entire letter:

May 22, 2012
Poll: Adopt Jerry Brown's workweek plan or return to personal leave program?

Why not just extend the personal leave program?

It's a question that we've heard often in the last week as we sifted through emails from several hundred state workers reacting to Gov. Jerry Brown's 4/9.5 furlough plan to cut their pay by 5 percent through a 2-hours-per-week furlough.

Most of the calls, comments and emails about the policy fall into one of four groups: workers who would love the three-day weekends, workers who think the policy is a betrayal of their contracts, those who hate losing the pay and workers who think the switch would harm state functions.

(As we reported earlier, the nonpartisan Legislative Analyst's Office has some issues with Brown's workweek proposal.)

Then there's a fifth camp asking, why not simply return to giving state workers a floating unpaid day off each month? Departments already know how to manage it because of furloughs and the so-called "personal leave program" that was a provision in most of the latest union contracts.

So what do you think?

May 16, 2012
Darrell Steinberg: SEIU appreciates consultation on furloughs

Thumbnail image for Thumbnail image for 110701 Steinberg Cap Bureau.JPGSenate President Pro Tem Darrell Steinberg, D-Sacramento, met with reporters today and talked about Gov. Jerry Brown's proposal to furlough state workers two hours per week.

Brown's plan also lengthens the state workday to 9.5 hours and shortens the workweek to four days. The changes would reduce employees' hours and pay by 5 percent and save the general fund some $401 million ($839 million all funds).

On cooperation between the unions and the governor to come up with a plan:

Just look at the experience in the Schwarzenegger years. ... When they tried to do it unilaterally, what was the end result? Lawsuits, a lot of uncertainty. The better and best way to accomplish the needed savings is to work with the people affected, and that's already going on."

On SEIU Local 1000's position:

"It would be one thing if SEIU Local 1000 was saying hell no and fighting the governor, but they're not doing that. They're actually appreciating the fact that the administration has reached out to them and that they are being brought in."

On the impact to his district and his assessment of the governor's moves:

"It's certainly hard on a lot of my constituents, The process by which the administration is trying to get to that goal, the money goal, I think has been very constructive so far."

On how the issue will play for the November election:

"You want to go into November with as much solidarity as possible."

PHOTO: Darrell Steinberg / 2011 Sacramento Bee file, Hector Amezcua

May 15, 2012
From the notebook: More reactions to Jerry Brown's California workweek plan

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Our story in today's Bee looks at Gov. Jerry Brown's prosposal to cut $401 million in general fund employee costs ($839 million all funds) by putting state employees on a 4/9.5 weekly furlough schedule.

We inerviewed several folks who didn't get into the final version of our story, including Bruce Blanning, executive director of the state's engineers' union and Tim Yeung, a Sacramento-based labor attorney.

Here are some highlights of our discussions with both men:

May 10, 2012
Union president says she told Jerry Brown: 'furloughs are off the table'

Thumbnail image for 120508 Yvonne Walker 2008 brian baer.JPGIn a memo to members today, SEIU Local 1000 President Yvonne Walker said that she was consulted about Gov. Jerry Brown's plan to cut state employees' pay and that she drew a line at imposing unpaid time off on workers.

"First let me say that I have made it clear that furloughs are not on the table," Walker wrote.

She said that she has had several meetings with the administration and is continuing talks.

"Under the previous governor, our input was not sought, in fact, it was dismissed. Under Gov. Brown, we have a seat at the table," Walker's memo said. "We have offered our own proposals to deal with this crisis."

Among the suggestions: cutting private vendor contracts, eliminating the use of retired annuitants and, "if necessary, implementing a four-day, 40-hour work week."

PHOTO: Yvonne Walker / Sacramento Bee 2008, Brian Baer

May 9, 2012
Jerry Brown tells unions to brace for California state worker pay cuts

State workers' compensation is back on the budget chopping block.

Brown administration officials met with the state employee union leaders last week, according to sources familiar with the meetings, to warn them that the next version of the governor's budget will include an unspecified cut in employee costs up to 10 percent.

The administration in January estimated that California is confronting a $9.2 billion deficit through 2012-13, but a recent state analysis concluded the actual gap is considerably more.

The sources, who declined to talk on the record because the administration asked all involved to keep the discussions secret, said Brown told the unions he was seeking $750 million in state employee cost savings for fiscal 2012-13.

The sources said the Brown administration asked union leaders to come up with ways to make the reduction -- pay cuts or higher benefit contributions, for instance.

Department of Finance spokesman H.D. Palmer said, "The governor has already indicated that more difficult reductions will be required," because the state's budget deficit has grown since Brown issued his first budget proposal in January.

"The details of those reductions will be detailed in the May Revision," Palmer said.

The governor could order wholesale layoffs, but the civil service process usually takes at least six months and the savings often fall short of expectations.

Furloughs are an option only if the Senate and Assembly authorize Brown to execute them, because the courts have ruled the policy falls under the Legislature's authority to set wages and working conditions. That seems unlikely, given the Democratic majority in the statehouse.

Other cost savings such as outright pay cuts, higher employee contributions to pension or health benefits, would need to be bargained.

Last month Brown recently extended the contracts of four unions with deals set to expire in July. Two of the extensions covering about a total 16,000 psychiatric technicians and operating engineers increased the state's health benefits costs 9.5 percent for those workers.

With the four extensions in place, the contracts covering roughly all 180,000 unionized state workers expire in July 2013.

Brown is set to deliver the budget revision on Monday.

May 8, 2012
SEIU Local 1000 president supports retirement for all

120508 Yvonne Walker 2008 brian baer.JPGRisky retirement plans aren't doing right by U.S. workers, SEIU Local 1000 President Yvonne Walker says in a CNN.com piece published today, and she thinks a California retirement-for-all bill is a "step in the right direction."

Walker's op-ed item refers to Senate Bill 1234, by Sen. Kevin de León, D-Los Angeles, which would establish a state-administered retirement fund for private-sector workers. The article, which you can read here, also mentions that New York is talking about a similar plan.

"Part of what we aspire to as Americans is being able to stop working with our dreams and reasonable expectations of retirement still intact," Walker writes.

SB 1234 is scheduled for a Senate Appropriations Committee hearing on May 14.

PHOTO: Yvonne Walker / Sacramento Bee 2008, Brian Baer

April 27, 2012
Firefighters, SEIU Local 1000 give $500,000 to fight ballot measure

California Professional Firefighters and SEIU Local 1000 recently donated a combined half-million dollars to the group combating a Nov. 6 ballot measure aimed at curbing unions' political power and banning direct contributions to candidates from corporations and unions.

The California Professional Firefighters Independent Expenditures PAC donated $250,000 on April 11 and Local 1000 kicked in $252,762 a couple days later, according to a report filed this week with the state.

Local 1000 and the state council with which it's affiliated have given nearly $1.1 million since last summer. Professional Firefighters, between its independent expenditure committee and its ballot issues committee, has donated $800,000 over the past nine months. Contributions to defeat the measure now total $5.7 million.

Supporters raised about $2.9 million so far.

The proposal would stop unions and businesses from donating money directly to political candidates, although both groups could continue spending freely on independent expenditure campaigns.

Labor groups would have a harder time raising money for those independent campaigns, however, because the measure also eliminates payroll-deducted contributions, unions' primary means of raising money. Corporations couldn't use payroll deductions either, but they raise the bulk of their campaign money from checks written by top executives and shareholders.

April 27, 2012
Dr. Oz to promote state worker health in Sacramento next week

120427 Oz _Baer_2010.JPGTV host Dr. Mehmet Oz is among the speakers scheduled for a Monday press conference to unveil a new report on state workers' health and to promote a pilot state workplace wellness program.

Oz, whose self-titled show is among the most popular in day-time talk, will join SEIU Local 1000 President Yvonne Walker, Treasurer Bill Lockyer, Controller John Chiang and others. They'll talk about the health study commissioned by Chiang's office, which looks at state active members in CalPERS, and explain the launch of the wellness initiative.

The news conference is one of several Sacramento appearances for Oz next week. It starts at 1:30 p.m. in the courtyard of the California Museum at 1020 O St. in Sacramento. The state is hosting the news conference in partnership with The California Endowment and HealthCorps, the nonprofit organization founded by Oz and his wife, Lisa Oz, to fight childhood obesity.

PHOTO: Dr. Mehmet Oz / Sacramento Bee 2010 file, Brian Baer

April 24, 2012
Analyst says some state worker contracts 'modestly' increase costs

The Legislative Analyst's Office figures that four union contracts that Gov. Jerry Brown has agreed to extend for one year will "maintain or modestly increase the state's costs for employee compensation."

The nonpartisan LAO looked at so-called "rollover agreements" with the Union of American Physicians and Dentists (Bargaining Unit 16) and the American Federation of State, County and Municipal Employees (Unit 19) and concluded that they don't cost the state more than the deals that expire in July.

The state's cost for employees covered by the International Union of Operating Engineers (Unit 12) and the California Association of Psychiatric Technicians (Unit 18), however, will grow by an estimated 9.5 percent due to increased health benefit costs. Those contracts have clauses requiring the state to cover increases in health coverage.

The contracts together cover roughly 24,000 state workers, including equipment operators, social service professionals, psychiatric technicians and doctors.

MOU Fiscal Analysis: Bargaining Units 12, 16, 18, and 19

April 9, 2012
Read the California state worker unions' contract extension letters

As we reported earlier today, four unions representing roughly 24,000 state workers have reached agreements with Gov. Jerry Brown to extend the terms of their current contracts, which are due to expire in a few months.

The agreements cover state employees in bargaining units 12 (skilled crafts workers), 16 (doctors and dentists), 18 (psychiatric technicians) and 19 (health and social services professionals).

Open a larger view of the contract extension letters embedded below by clicking the "full screen" button at the bottom of the document display.

Contract extentions for bargaining units 12, 16, 18 and 19

April 9, 2012
Poll: Why has hiring dropped off under Jerry Brown's watch?

As our story in today's Bee notes, state hiring fell 25 percent during the first year of Democratic Gov. Jerry Brown's administration when compared with Republican Gov. Arnold Schwarzenegger's last year in office.

But how much is Brown responsible? After all, the state still added more than 10,000 new full- and part-time employees in the first 14 months of his comeback third term. How much of the difference in numbers is a difference in leadership style, administrative savvy, political experience or bureaucratic cooperation?

Is is possible, for example, that Schwarzenegger's tough-on-state-workers policies (furloughs, attempts to withhold wages during budget stalemates, the campaign to roll back public pensions) prodded so many civil servants into retirement that his administration wound up hiring more than Brown?

Or has Brown, drawing on his many years in the public sector including two terms as governor from 1975 to 1983, simply done a better job of managing the state deficit -- and gained the bureaucracy's support to slow hiring in the process?

On The State Worker's Facebook page, retired state worker Mike Carbahal gave this opinion: "Schwarzenegger did not know what he was doing, nobody paid him or his programs much if any attention - Brown on the other hand does know what he is doing and is taken very seriously."

What do you think?

April 3, 2012
Are American state workers scourges or scapegoats?

Are state workers dragging down state budgets around the nation? Or have public employees and their compensation packages become convenient political scapegoats?

A year ago the PBS news show "Need to Know" took on what it calls "one of the most contentious arguments in the news today." We ran across the report this morning while surveying state worker news. Although the item ran on March 11, 2011, the topic remains relevant today.

Watch Union Salaries and State Budgets on PBS. See more from Need to Know.

March 30, 2012
Check out what IUOE Local 501 spent on political activities

This is the latest installment in a series of posts detailing political spending by California state workers' unions. The records are downloaded from the California Secretary of State's office and reflect activity filed as of today, March 30, 2012.

The 12,000 or so skilled craftsmen, maintenance staff and equipment operators in Bargaining Unit 12 are represented by the International Union of Operating Engineers, Craft Maintenance Division, California locals 3, 12, 39 and 501. Another 900 or so building maintenance and operations employees in Bargaining Unit 13 are represented by IUOE locals 39 and 501.

IUOE Local 501 reported about $30,000 cash in its PAC's bank as of this month. Since January 2011, it has spent $11,219 with roughly half that going to political contributions. The PAC reported no contributions in the 15-month period.

State employees in Units 12 and 13 make up a small part of the IUOE membership. Collectively, the four locals represent some 250 city, county, special districts, and schools bargaining units, according to the Unit 12 website, many of them outside of California. State workers are assigned to a local based on job class and geography.

As you look through the tables that follow, remember that expenditures show everything a union PAC spent on political activities, including operating costs. Contributions pages break out donations received (usually from members) and donations made to political campaigns and causes. In some cases, tabs at the bottom of the spreadsheets open tables with more detailed information on the union's political spending.

To get a sense of similar spending in California by other interest groups, check out Maplight.org. The California data on that site run through December 2010.


March 26, 2012
Report says unions have big money advantage in politics

Here's one side of the argument you'll be hearing for the next seven months over the so-called "Stop Special Interest Money Now Act" the political-committee funding measure on the Nov. 7 ballot in California.

"DUES AND DEEP POCKETS: Public-Sector Unions' Money Machine," published by the conservative Manhattan Institute for Policy Research, argues that dues withheld by payroll deduction and paid directly to unions, along with rules that force employees to pay for representation even if they aren't members, gives labor "an abundant and reliable source of money, sparing unions the need to spend resources on recruitment, retention, and fund-raising."

Author Daniel DiSalvo says that means civil service unions have a serious advantage over other groups throwing elbows for government resources.

The Stop Special Interest Money Now Act would, among other things, prohibit use of payroll-deducted funds for political purposes by unions, corporations or government contractors. Employees could still contribute to employer or union committees, but they'd have to do it annually and in writing. (Click here to read the measure.)

California unions' will take a big revenue hit if voters approve the as-yet-to-be-numbered proposition, since labor relies on members' payroll deductions to raise money for political spending. Business interests don't.
DUES AND DEEP POCKETS: Public-Sector Unions' Money Machine

March 5, 2012
California's state operating engineers local spent more than $470,000 on political activities last year

This is the latest installment in a series of posts detailing the 2011 political spending by California state workers' unions. The records are downloaded from the California Secretary of State's office and reflect activity filed as of Jan. 31, 2012.

Editor's note, 12:25 p.m.: An earlier version of this post incorrectly stated the total of IUOE Local 3's 2011 spending.

The 12,000 or so skilled craftsmen, maintenance staff and equipment operators in Bargaining Unit 12 are represented by the International Union of Operating Engineers, Craft Maintenance Division, California locals 3, 12, 39 and 501.

This post focuses on IUOE Local 3, which spent $473,000 on political activities last year through 10 accounts reported to the Secretary of State. The largest account paid the local and the Operating Engineers General Fund a combined $176,000 for "reimbursement of salaries." Another $100,000 went to the California Democratic Party.

As you look through the tables that follow, remember that expenditures show everything a union PAC spent on political activities, including operating costs. Contributions pages break out donations received (usually from members) and donations made to political campaigns and causes. In some cases, tabs at the bottom of the spreadsheets open tables with more detailed information of the union's political spending.

Most of Local 3's accounts showed expenditures and political donations that matched exactly. For the few accounts that reported significant overhead, we totaled the expenditures and posted those figures on the first page of of the appropriate spreadsheets. We also totaled up contributions to recipients when the number of line items merited it.

The first sheet tallies each of the Local 3 accounts' expenses. Detailed spreadsheets for each account follow, starting with the largest, filer number 981697. (We've included a staff/spouse travel tab that shows the union paid $7,300 for airfare, lodging and meals.)

We'll soon post the data for the other three locals representing Unit 12.

To get a sense of similar spending in California by other interest groups, check out Maplight.org. The California data on that site run through December 2010.

March 5, 2012
From the notebook: The numbers, the law and comments about California contracts with private business

notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Here are some sources that informed our story on Assemblyman Roger Dickinson's "Public Employees Bill of Rights," specifically its provision to give state rank-and-file employees first crack at state work.

California Government Code Section 19130-19135, which lays out the rules for state outsourcing.

Assembly Bill 1655, the "Public Employees Bill of Rights."

The Bureau of State Audits 2009 report on illegitimate contracting at the Department of Health Care Services and the Department of Public Health.

The Feb. 21 prepared statement on private contracting by Dr. Stuart Bussey, president of the Union of American Physicians and Dentists to the Assembly Budget Subcommittee on Administration.

"The Hidden Branch of Government," SEIU Local 1000's latest installment on state outsourcing costs.

And below we've embedded data pulled from the Department of General Services' State Contract & Procurement Registration System for the first two months of this year.

(For more specific descriptions of specific contracts, click the second tab on the bottom of the spreadsheet and scroll right to the "Item Description" column. What even more? The eight-digit numbers in the far right column conform to the United Nations Standard Products and Services Code. Click here to open a search engine that lets you plug in the numbers to get a description of of the goods or services that the state purchased.)

February 27, 2012
See what California Department of Forestry Firefighters spent on political activities in 2011

This is the latest installment in a series of posts detailing the 2011 political spending by California state workers' unions. The records are downloaded from the California Secretary of State's office and reflect activity filed as of Jan. 31, 2012.

California Department of Forestry Firefighters' PAC took in contributions of about $313,500 last year and spent a little more than $290,000 on political activities. Like many state employee unions, CDFF wrote its biggest checks to the California Democratic Party ($100,000 total) and consultants ($38,000 to Marketplace Communications, a media relations arm of Sacramento-based Aaron Read & Associates).

As you look through the table below, remember that expenditures show everything a union PAC spent on political activities, including operating costs. Contributions pages break out donations received (usually from members) and donations given to political campaigns and causes. Tabs at the bottom of the spreadsheet open tables with more detailed information of the union's political spending.

To get a sense of similar spending in California by other interest groups, check out Maplight.org. The California data on that site run through December 2010.

February 20, 2012
See how CSLEA spent money on political activities in 2011

This is the latest installment in a series of posts detailing he 2011 political spending by California state workers' unions. The records are downloaded from the California Secretary of State's office and reflect activity filed as of Jan. 31, 2012.

The California Statewide Law Enforcement Association's two active political action committees received about $1.26 million from the union and spent about $530,000 in 2011. A little less than half the money went to political organizations and candidates for office.

CSLEA gave the most money to the California Democratic Party, $110,000. Lobbyists, consultants and lawyers as a group received $283,000. They included attorney Wayne Ordos, $98,000; Yorba Linda-based P.M. Restaurants/Consulting, Inc., $94,000; lobbyist Craig Brown, $55,000; and former CCPOA President Don Novey, $36,000.

As you look through the tables that follow, remember thatexpenditures show everything a union PAC spent on political activities, including operating costs. Contributions pages break out donations received (usually from members) and donations given to campaigns and political causes. Tabs at the bottom of each spreadsheet open tables with more detailed information of the union's political spending.

To get a sense of similar spending in California by other interest groups, check out Maplight.org. The California data on that site run through December 2010.

February 16, 2012
California Earthquake Authority will pay furlough back wages

The state's quasi-private earthquake insurer is planning to pay furlough back wages to current and former agency employees who lost salary to the policy.

California Earthquake Authority spokeswoman D'Anne Ousley left a voice mail message with The State Worker Wednesday evening, confirming our earlier speculation that the agency would expand furlough lawsuit settlement terms reached with SEIU Local 1000 and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment to non-represented staff.

The state's four other "off-budget" agencies that settled furloughs with the unions -- the Prison Industry Authority, the First 5 California Commission, the California Housing Finance Agency and the California State Lottery -- announced similar decisions earlier this week.

The repayment plans exclude members of Professional Engineers in California Government and California Association of Professional Scientists because those two associations are pressing on with furlough litigation. Local 1000 and CASE agreed to drop their remaining furlough lawsuits if their members in off-buget departments received furlough back pay.

The Earthquake Authority, a publicly-managed, privately-funded organization that provides
residential earthquake insurance, employs about 25 state civil service workers. Repaying them won't come from the state budget, since the agency operates on money taken in from investments and policyholder premiums.

February 15, 2012
Two more agencies say they'll pay furlough back wages

Solidarity isn't just a union concept.

Nearly all current and former employees of the California Housing Finance Agency and the California State Lottery will receive back pay for wages lost to furloughs, officials now say.

Two other so-called "off-budget" agencies said the same thing earlier today. None of the payments will come from the state's general fund and -- this is key -- the Legislature doesn't appropriate money for their budgets.

Russ Lopez, the Lottery's deputy director of communications. The agency is still figuring out how many of its 644 current employees are in line for furlough back pay. Lottery retirees and other former staff furloughed during their time with the agency will have money coming to them.

The payments "aren't going to happen overnight,"
Lopez said.

Cal HFA has the same accounting challenge. The agency employs about 260 staff who support its mission to provide home financing and housing programs for low- and moderate-income Californians. Spokeswoman Melissa Flores said that her agency last year set aside "just under $4 million" to cover back payment costs, but hasn't yet determined how many current and former employees were affected by furloughs.

Nine Cal HFA employees represented by Professional Engineers in California Government won't received the back pay, Flores said, because their union is continuing to fight furloughs in court.

The decision by the Lottery and Cal HFA to pay furlough back wages means that four of five off-budget agencies that settled furlough litigation with SEIU Local 100 and the state attorney's union have now said publicly that they are extending the back-pay provisions of the settlements to all their affected employees and retirees.

Click here to read about similar decisions made by leaders at the state's Prison Industry Authority and the First 5 California Commission. The post includes more background on the union settlements that set the precedent for the payments now extended to all employees.

The fifth off-budget agency, the California Earthquake Authority, hasn't yet responded to our inquiry whether it will follow the other four off-budget agencies, but we expect it will.

The agency's attitude about furloughs is well known: During one heated courtroom debate, CEA's lawyer said of Gov. Arnold Schwarzenegger's administration and furloughs that "These guys are making it up as they go along,"

February 14, 2012
Two California agencies extend furlough back pay to all staff

Thumbnail image for 120214 Cal PIA logo.JPGThe California Prison Industry Authority and the First 5 California Commission will pay furlough back wages to all their employees.

The decision extends the terms of recent court settlements with two unions to excluded workers and other employees -- except the PIA's top executive and state engineers and scientists whose labor groups are pressing furlough litigation.

It's not yet clear when the State Controller's Office will issue the checks or exactly how many current and former employees will receive money. The payments won't affect the state's general fund budget since both agencies are fiscally independent of it.

The PIA employs about 570 workers who run inmate training programs. Officials figure the back pay will cost about $7.9 million of the $8.6 million the PIA set aside last year in anticipation of a settlement. (The payments won't include the interest that authority officials anticipated when they allocated the money.)

The agency doesn't yet have a specific count for how many people will receive back pay, spokesman Eric Reslock said, since some furloughed staff have since retired or left for other jobs and some current employees started work at the agency after furloughs ended last spring.

First 5 employs 35 staff. Spokeswoman Susan Hyman said that 50 current and former employees will receive payments. The agency, which administers services for children up to age 5, hasn't yet estimated what the furlough back pay will cost.

A few PIA workers are excluded from the deal. The authority's board will need to approve back pay for General Manager Charles Pattillo, Reslock said. A handful of staff represented by California Professional Engineers in California Government or California Association of Professional Scientists won't get the back pay, either, because their unions are pressing furlough litigation.

First 5 and the PIA are two of five so-called "off-budget" state agencies that recently settled furlough litigation with SEIU Local 1000 and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.

The settlements obligate the PIA, First 5, the California Earthquake Authority, the California Housing Finance Agency and the California State Lottery to pay back wages only to staff covered by the two unions. In exchange, Local 1000 and CASE have dropped their furlough lawsuits against the state.

Gov. Jerry Brown's administration has left it up to the five off-budget agencies whether to extend back wage payments to non-union workers. The State Worker has left messages with officials at the other three to find out whether they intend to pay back wages to all their employees.

PHOTO CREDIT: Image courtesy of California Prison Industry Authority.

February 9, 2012
State worker criticizes SEIU's decision to settle furlough cases

We've heard from several state workers who aren't happy that SEIU Local 1000 settled its furlough litigation in exchange for back wages for 700 or so of its members working in "off-budget" agencies.

Local 1000 President Yvonne Walker has said that the union's legal team advised that broader litigation wasn't likely to win, so the union cut its losses and took what it could get from a settlement.

Paul Warrick, an associate governmental program analyst, sent an email to The State Worker that hits the tone of the complaints we've heard. We're publishing his email here, unedited and with his permission. He's speaking for himself, not his employer, colleagues or Local 1000:

Big whoop! Someone (or SEIU) should have pursued the larger Federal issue of equal pay for equal work. Everyone who receives a state payroll check should have been furloughed or no one should have been furloughed. Furloughs were happenstance. If you just happened to be an Office Technician, Staff Services Analyst, etc. in the wrong agency (based on funding source or other criteria), you got furloughed while your neighbor who was also an OT or SSA, but worked for another agency didn't get furloughed. It's just ridiculous.

Paul Warrick DSS

February 9, 2012
Column Extra: See the court documents filed by CCPOA, CSLEA, to drop furlough lawsuits

With just 400 to 450 words for our weekly State Worker column, some of what we learn each week never sees print. Column Extras give you the notes, the quotes and the observations that inform what's published.

Today's State Worker column breaks down which unions are in and which are out of the court fight over furloughs. The California Correctional Peace Officers Association and the California Statewide Law Enforcement Association are the latest to lay down arms.

CCPOA spokesman JeVaughn Baker said that the weight of several court decisions favoring the state pushed the union to stop its litigation: "We decided it's in the best interest of the association to focus on other issues."

SEIU Local 1000 and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment also recently dropped their furlough litigation.

Meanwhile, the state's engineers and scientists are Alameda Superior Court No. RG10630312
Original petition: CCPOA v. Schwarzenegger (requires Java)

CSLEA's request for dismissal, Alameda Superior Court No. RG10507081
Original petition: CSLEA v. Schwarzenegger

CCPOA's request for dismissal: 9th U.S. Circuit Court of Appeals
Original Complaint: Newton v. Schwarzenegger

February 3, 2012
California state attorneys, Jerry Brown settle furlough litigation

The union representing the state's legal professionals and Gov. Jerry Brown's administration have agreed to settle their furlough fight.

The deal returns wages lost to furlough to about 24 members of California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. In exchange, the union is dropping its last two furlough lawsuits.

The agreement affects only CASE members in five departments that don't receive legislative budget appropriation: First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the California State Lottery.

SEIU Local 1000 recently agreed to a similar settlement.

The CASE rationale, which you can read below or by clicking here, can be summed up in five words: "Take what you can get."
CASE memo to members

February 1, 2012
SEIU Local 1000 President Yvonne Walker talks about furlough lawsuit settlement with Jerry Brown

120130 Yvonne Walker 2008.JPGOur report in today's Bee quotes SEIU Local 1000 President Yvonne Walker talking about the union's decision to settle its furlough litigation against the state. Here are highlights from her interview with The State Worker:

On working with Democratic Gov. Jerry Brown compared with his predecessor, Republican Arnold Schwarzenegger:

"What a difference a governor makes. ... He actually respects workers and the services we provide Californians."

On the state's furlough policy and Brown's position on it:

"We've said all along the furlough plan was a bad plan. It not only jeopardized working people, but came at a great cost to the state. This governor did the right thing. He looked at it and understood that we had the opportunity to say, 'How do we close out this ugly chapter in the state's history?' "

On how the deal came together:

"The governor's attorneys called and said, 'Can we settle this?' and we said, 'Yes.' "

On arguments that the agreement benefits a relatively small group of SEIU members at the expense of pursuing lawsuits that could benefit the vast majority of union-covered state workers:

"Realistically, those four lawsuits didn't have the potential to do something for everyone. We lost the majority of our cases. Even when your cause is righteous, going to court is a crap shoot."

PHOTO CREDIT: Yvonne Walker speaks at a news conference responding to Gov. Schwarznegger's furlough plan for state workers, Friday Dec. 19, 2008. Sacramento Bee / Brian Baer

January 30, 2012
California has spent $277,000 fighting prison officers' union

The Department of Corrections and Rehabilitation has spent more than a quarter-million dollars on outside attorneys to fight the long-running union paid leave battle with the California Correctional Peace Officers Association, spokeswoman Lynelle Jolley said in an email to The State Worker.

As we mentioned last week in our Thursday column the tab for contract lawyers -- $277,393 to be precise -- was spent with no clear end in sight. That was one of several reasons that DPA decided to cut a $3.5 million deal with the union rather than allow the matter to drag on in court, probably for years.

We've contacted CCPOA spokesman JeVaughn Baker and asked how much the union paid for representation in the UPL tussle. We'll update this post with CCPOA's response.

The settlement is for about $1 million less than the state claimed the union owed, and about $500,000 more than CCPOA said it owed.

Below you'll find the agreement signed last Wednesday by the California Correctional Peace Officers Association. (If your browser doesn't support Scribd, click here to see the document.)

Watch for a blog poll later today to gauge your opinion about the UPL agreement.
CCPOA UPL Settlement Agreement

Correction, 1:04 p.m.: An earlier version of this post incorrectly stated that the Department of Personnel Administration had paid for UPL attorney fees. DPA led the litigation for the state, but did not pay outside attorneys with its money.

January 27, 2012
Percentage of unionized California workers drifts down slightly

The percentage of employed Californians with a union affiliation fell slightly last year, according to new 2011 figures released by the U.S. Bureau of Labor Statistics.

Our Capitol Bureau colleague Dan Walters sums up the state and national data on our sister blog, Capitol Alert.

Click here for the Union affiliation of employed wage and salary workers by occupation and industry table, then scroll to the bottom to see the national public and private sector details.

This link will open the state-by-state look at the organized workforce vs. unorganized workforce.

The federal survey doesn't break down state union membership by private and public sectors.

January 26, 2012
Column Extra: CCPOA's statement about its paid leave debt agreement

With just 400 to 450 words for our weekly State Worker column, some of what we learn each week never sees print. Column Extras give you the notes, the quotes and the observations that inform what's published.

Before we filed today's column, we asked JeVaughn Baker, spokesman for the California Correctional Peace Officers Association, to comment on the union's paid leave agreement with the state. We asked if the agreement was fair to members and whether the deal was prompted by CCPOA's pending Dawe litigation.

We received Baker's emailed reply shortly after we filed the column on Wednesday, but we still want to give voice to the union's perspective.

Here's Baker's email:

Hi Jon,

We reached what we believe is an equitable settlement that avoids the cost of further litigation and is fiscally responsible to the taxpayers of the state. ... As for your second question, the settlement is a stand alone case and there is no correlation between it and the Dawe matter. Chuck Alexander and our legal staff have been working on UPL for some time now and we are pleased that the agreement has been made and both parties can move forward. Thanks Jon.

JB

January 26, 2012
From the notebook: Cal Fire management differentials

notebook-thumb-216x184-9328.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

Our story in today's Bee examines various factors that have contributed to a management shortage at Cal Fire, particularly the dwindling number of assistant chiefs and the revival of department pay differentials this month intended to correct the problem.

To understand the last 10 years of wage history at Cal Fire, we looked at ...

The Legislative Analyst's June 2, 2006, evaluation of the contract with Bargaining Unit 8, California Department of Forestry Firefighters.

The Sept. 18, 2001, Assembly Floor analysis of AB 649, the bill that included the 2001 Unit 8 contract. (The LAO didn't run labor contract analyses until a 2005 law required them.)

We also looked at revised Pay Differential 369, below, which lays out the details of the recruiting and retention differential revived for Cal Fire assistant chiefs and others in the same Chief Officer series. Of note: The differentials count toward pension calculations, but the "PERSability" is phased in over two years.
Cal Fire Recruitment and Retention Differentials

January 24, 2012
State Fund pays out $30 million; 705 jobs still on chopping block

State Compensation Insurance Fund has paid $30 million to 971 state employees who agreed to leave the agency by Dec. 31 and give up their preferential rights to other state government jobs.

The exit payments averaged nearly $31,000 per departing employee in addition to any leave time they cashed out. The money went to staff members in danger of layoff who accepted the so-called "transition package" under terms negotiated by the quasi-public agency and Service Employees International Union Local 1000. It was the first time that state workers whose jobs were in danger received extra money to leave.

The quasi-public State Fund, which competes with private-sector workers compensation insurance carriers and receives no tax dollars, has been downsizing for a couple of years in response to its shrinking market share. About 1,800 employees in 26 job classifications slated for elimination could have taken the deal at an estimated cost of up to $50 million to State Fund.

On a related note, State Fund spokeswoman Jennifer Vargen forwarded a revised layoff list (embedded below) that shows that 705 jobs are still on the chopping block after the voluntary departures have been figured in.

(The "auth." column shows how many jobs the fund has authorized to keep. The "final potential layoff" column shows how many jobs will be cut. Adding the two columns together indicates how many positions currently exist.)

The biggest cuts are planned for Los Angeles County (181 jobs), Alameda County (143) and Orange County (86). Sacramento County stands to lose 36 jobs and San Joaquin County is facing a loss of 28 positions.
120123 SCIF Layoffs by Class and County

January 23, 2012
California special agents seek halt to Jerry Brown's layoffs

The Association of Special Agents has filed for a temporary restraining order against Gov. Jerry Brown to stop the layoffs of its members at the Department of Justice.

The court filing, submitted Thursday in Sacramento Superior Court, is a new phase of the association's litigation against Brown. The group says that Brown targeted about 300 of its members for layoff in retaliation for their union's 2010 endorsement of Republican gubernatorial candidate Meg Whitman.

The agents are a subset of the California Statewide Law Enforcement Association.

The Brown administration has denied the ASA charge, saying that legislative Republicans' refusal to extend higher taxes triggered the cuts to Department of Justice jobs.

Here's the 329-page filing by ASA President Mike Loyd:
120123 ASA TRO

January 19, 2012
First wave of top-step pay raises to show up on Feb. 1 checks

State workers in six unions will see a pay increase on their February checks in keeping with contract terms bargained in 2010 with former Gov. Arnold Schwarzenegger. Some managers and supervisors will also see similar pay bumps.

A state analysis of the negotiated pay hikes concluded that they will cost the general fund about $32.3 million and another $28.8 million from other funds for the last six months of the current fiscal year. For fiscal 2012-13 the total cost is an estimated $122.2 million. (Click here for the LAO's report and scroll down to page 16 for a breakdown.)

The state's higher payroll cost has been preceded by years of furloughs and contractual unpaid days off by state workers at all levels, as well as higher employee contributions toward their own retirement accounts.

The top-step increases started taking effect this month, so they will show up on Feb. 1 paychecks issued to employees in the following bargaining units who have been at the top step of their job classes for at least 12 months as of Jan. 1.

Unit

Union

% Increase

5

California Association of Highway Patrolmen

2

8

California Department of Forestry Firefighters

4

12

International Union of Operating Engineers AFL-CIO

5

16

Union of American Physicians and Dentists

5

18

California Association of Psychiatric Technicians

5

19

American Federation of State, County and Municipal Employees

5


December 27, 2011
The State Worker's Top 10 of 2011: No. 8 -- The Stanford study

Thumbnail image for Thumbnail image for countdown 8.JPG

Putting "Stanford," "study" and "pensions" in a headline guarantees an online traffic surge. An April 2010 post, "Stanford study: Public pensions a half-trillion dollars short," ranked as the 15th most-viewed State Worker blog item among the 1,000 we posted that year.

This year's follow-up to that report by Stanford University professor Joe Nation ranked even higher -- and if the subsequent fallout from the report is an indication, rankled public-pension supporters even more.

Here's the Dec. 13 post on the latest Stanford study, "Stanford study pegs California pensions' shortfall at $500 billion."

December 23, 2011
The State Worker's Top 10 of 2011: No. 9 -- Furlough fears

countdown 9.JPGThis is the second installment in a series of posts counting down the most-read State Worker blog items and columns of 2011.

We started fielding a few calls, emails and Facebook messages in late September from state workers wondering if furloughs might return. The reason: A provision in SEIU Local 1000's contract requiring employees take 12 unpaid leave days over 12 months would expire at the end of October. So would a corresponding no-furlough guarantee.

The state workers who contacted us wanted to know: Would Gov. Jerry Brown and the Legislature bring back furloughs once the leave program ended?

This Oct. 25 post explained why that wouldn't happen: "More state workers to return to full hours and pay"

December 12, 2011
University of California, clerks' union agree to two-tier pensions

100831 calculator.JPGThe Coalition of University Employees - Teamsters Local 2010 and the University of California have agreed to a new labor contract that trades raises for a new pension plan tier and higher employee contribution costs for current employees and future hires.

The deal covers more than 12,500 university clerical staff, marking the end of tough bargaining talks that started in 2008.

December 6, 2011
Furlough lawsuit court hearing postponed

An Alameda Superior Court judge has pushed back a hearing to debate whether employees in five or six "special fund" departments were illegally furloughed.

Judge Frank Roesch originally scheduled Yvonne Walker and SEIU Local 1000 v. Schwarzenegger for hearing at the end of this month, with the first deadline for filing documents with the court set for Friday.

Click here for background on the case, which concerns employees at First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the Office of Administrative Hearings. Local 1000 is hoping to add the California State Lottery Commission to the list.

Local 1000 and the Department of Personnel Administration requested more time. Judge Patrick Zika granted it on Monday. The hearing is now scheduled for Feb. 16 The administration's brief in defense of the furlough policy is due Jan. 23. The union has until Feb. 2 to file its response.
Alameda furlough litigation continuance

November 19, 2011
From the notebook: More about the State Fund severance deal

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Want to dig more deeply into State Compensation Insurance Fund's agreement to pay up to $50 million in severance packages to exiting employees? Here you go:

The agreement between State Fund and SEIU Local 1000

The contract between State Fund and the "legally uninsured Departments of the State of California."

• The Nov. 9 SEIU Local 1000 "Union Update" flyer that explains how some employees at State Fund moved to avoid a layoff and then found out their jobs were in jeopardy anyway.

Our Oct. 9 story about State Fund layoffs.

November 18, 2011
State Fund 'transition' contract details jobs targeted for lay offs

As we reported earlier today, State Compensation Insurance Fund employees targeted for lay off can receive what amounts to severance pay if they volunteer to leave by Dec. 31.

Here's the 'transition package' State Fund negotiated with SEIU Local 1000:

November 17, 2011
SEIU Local 1000 staging Occupy event, employment rally

20110705_AT_AirQuality_3_19.JPGSEIU Local 1000 is planning an "Occupy Highway 99" event later today to show support for the broader Occupy movement that has swept the nation.

The local, which represents 95,000 state employees, wants members to meet at the Highway 99 pedestrian overpass just north of 12th Avenue from 4 p.m. to 7 p.m. today.

On Saturday the union is staging a "Put America Back to Work" rally at Cesar Chavez Park in Downtown Sacramento from noon to 1:30 p.m.

Click here for more details about both events.

Local 1000's announcements underscore how organized labor is now embracing the "Occupy Wall Street" movement by lining up with protesters who are dissatisfied with the economy, high unemployment and the widening gap between the wealthiest 1 percent of Americans and everyone else.

And with California's public employees taking fire for everything from their members' pay and pensions to their relative job security and civil service protections, labor has been trying to refocus the public debate about what government workers have to a discussion about what just about everyone in the private sector doesn't.

PHOTO: Traffic on Highway 99 in Sacramento on July 5, 2011. A.Tambunan / Sacramento Bee

November 16, 2011
Labor coalition responds to California Pension Reform changes

maviglio.JPGSteve Maviglio, spokesman for Californians for Retirement Security, read this morning's report about tweaks to two pension reform ballot proposals and emailed a comment on behalf of the labor coalition:

"They can shop this measure to lawyers on the East Coast and try to get their funding from an Enron billionaire from Texas," Maviglio said in the email to The State Worker, "but at the end of the day, as the LAO has said, trying to slash the retirement benefits of California's public workers is unconstitutional, period."

What the Legislative Analyst's Office said was this:

November 14, 2011
So what's up with the SEIU Local 1000 furlough case?

Thumbnail image for Thumbnail image for 100609 gavel.jpgAn attorney with SEIU Local 1000 says the union will continue to press litigation against "special fund" furloughs, even though the courts have slimmed down the case to covering employees in just a handful of state departments.

Local 1000 had identified 63 "special fund" departments that it said shouldn't have been included in the Legislature's furlough authorization. The union won that argument in Alameda Superior Court, but San Francisco's 1st District Court of Appeal in July overturned that ruling. It made exceptions for five departments that it said deserved further argument in the lower court. (For more background, click here.)

SEIU appealed to theCalifornia Supreme Court, which refused take up the matter.

The union said it would keep fighting for its members in those five departments -- First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the Office of Administrative Hearings -- even though the remanded case now covers relatively few of its 95,000 employees.

The State Worker caught up with SEIU Local 1000 attorney Felix De La Torre to ask about the status of the case. Is the union still planning to continue the fight? If so, what's the hold up? Here's part of an email De La Torre fowarded to us last week, which is his response to an SEIU member who asked the same question:

November 11, 2011
State posts last three realignment agreements with unions

The Department of Personnel Administration earlier this week posted the contract addenda on realignment for the last three unions to sign agreements. The arrangements are intended to streamline the transfer process for Corrections and Rehabilitation employees and cut the department's cost as it downsizes.

Click the links below to download the documents:

Bargaining Unit 2 - California Attorneys, Administrative Law Judges and Hearing Officers in State Employment

Bargaining Unit 9 - Professional Engineers in California Government

Bargaining Unit 10 - California Association of Professional Scientists

November 10, 2011
Poll: Who will have the most pull in the public pension debate?

It seems like everybody is talking about public pensions.

Gov. Jerry Brown has a 12-point plan he wants to put before voters next year. Republicans applaud the governor for offering up the proposals and have challenged him to call a special session to address the issue. Democrats are wary of Brown's plan.

Meanwhile, California Pension Reform has filed two pension proposals with the attorney general for title and summary, aiming to put one of them on the November 2012 ballot. Labor insists that any pension downgrades should be negotiated, not just legislated.

So what do you think?

November 8, 2011
California Pension Reform hammers analysis of Brown's plan

California Pension Reform's Mike Genest has issued this statement about the LAO's review of Gov. Jerry Brown's pension proposals:

It is disappointing that the LAO omits the most critical flaw of the Governor's proposal: By his own admission his plan only solves $4-$11 billion of what is at least a $240 billion unfunded liability. While the Governor's plan has merits, it solves less than 5% of our problem. We need bold, comprehensive reform now and cannot continue to wait as politicians debate the issue and tinker around the edges.

California Pension Reform recently filed two ballot proposals with the attorney general's office for official title and summary. It hopes to start gathering signatures in January in hopes of qualifying one of the two measures for the November 2012 ballot.

November 8, 2011
Labor responds to assessment of Jerry Brown's pension plan

Thumbnail image for 110224 dave low.JPGCalifornians for Retirement Security, a labor coalition representing 1.5 million state and local public employees, has issued a statement in response to this morning's LAO review of Gov. Jerry Brown's pension reform package.

Here's the statement emailed to media a few minutes ago quoting Dave Low, the coalition's chairman:

The LAO's mixed assessment of the Governor's pension proposals hits the nail on the head when it says that the Legislature should move forward in a deliberate and reasoned fashion to craft solutions to California's complex pension systems. There are far too many unanswered questions and lack of details to fairly and accurately evaluate the impact of these proposals. Those proposals that impair the negotiated benefits of current employees are a legal dead end. As the report points out, these are matters that should be settled at the bargaining table, not in courtrooms. We will continue to work in the upcoming Legislative session, just as we have for the past several years, to achieve the spirit of the Governor's reforms without taking a wrecking ball to the retirement security of California's teachers, firefighters, police officers, and other public workers.

PHOTO: Dave Low / Courtesy California School Employees Association

November 8, 2011
Analyst: Jerry Brown pension plan a 'bold' start -- with gaps

The Legislative Analyst's Office has published its review of Gov. Jerry Brown's pension plan, concluding that it is "a bold, excellent starting point" for changing public pensions, but that it also "leaves many questions unanswered."

In particular, we do not understand key details of how his hybrid benefit and retirement age proposals would work. Moreover, the Governor's plan leaves unaddressed many important pension and retiree health issues, including how to address the huge funding problems facing the state's teachers' retirement fund, the University of California's (UC's) significant pension funding problem, retiree health benefit liabilities, and other issues. In making significant changes to pension and retiree health benefits, we would urge the Legislature also to tackle these very difficult issues concerning the funding of benefits.

The report also cautions that Brown's plan to mandate current employees pay more toward their retirement accounts is a "legal and collective bargaining minefield." Ditto for suggestions by The Little Hoover Commission and others (not Brown) that current employees' accrued benefits could be frozen and then reduced going forward:

November 7, 2011
California state legal professionals' union elects 2011-13 board

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment has announced the results of its Board of Directors election. The officers are elected to two-year terms:

Officers
President -- Peter Flores, Jr.
Vice President -- Donna David
Secretary -- Timothy Weiner
Treasurer -- Rama Maline

Directors at Large
Regina Brown
Howard Goodman
Mark Henderson
Matthew Mulford

The union said Friday on its website that 731 ballots were cast. Here's the breakdown of the votes for all candidates:

November 7, 2011
Modesto residents take up pension reform proposals

Watch Modesto for an indication of the public's mood about public pension "reform." Residents of the Central Valley city on Tuesday consider three ballot measures that sound a lot like retirement changes proposed by Gov. Jerry Brown and others rolled out last week by the California Pension Reform group.

Measures Q, R and S, written by city councilman and mayoral candidate Brad Hawn, are non-binding advisory measures, but they would gauge the direction that that residents in the Stanislaus County seat think their officials should take labor negotiations.

Measure Q asks whether the city should transition from traditional defined benefit pensions for employees to defined contribution plans common in the private sector. Measure R asks whether the city should jettison the single-year salary factor for pension calculations in favor of a three-year salary average. Measure S asks voters to weigh in on increasing the minimum retirement age, which for most city employees is 55. Police officers and firefighters can start drawing pensions at age 50.

Click here for the measures' ballot language. Click here for the Stanislaus County sample ballot. Analyses and statements for and against Q, R and S start on PDF page 36.

Labor has launched local ads against the measures, including the one above that criticizes pushing back the retirement age for police.

Hat tip to Blog User S for alerting us to the union ad.

November 1, 2011
California corrections department posts erroneous jobs lists

Two lists at the center of a plan to reshuffle staffing within the Department of Corrections and Rehabilitationwere temporarily removed from the agency's website because of errors.

The department's job reduction list, which details positions slated to be axed, and its job vacancy list, which lays out positions that need to be filled, registered some of the same jobs. Following an inquiry on Monday from The State Worker about why the lists were removed, the department posted the lists again with a notice: "LINK TO OVERS AND UNDERS LISTS: (LISTS ARE IN THE PROCESS OF BEING UPDATED. WE ARE SORRY FOR THIS TEMPORARY INCONVENIENCE)."

Department spokesman Paul Verke confirmed the snafu in a voice mail to The State Worker, and we expect to speak with him soon about the particulars of the problem and when the lists will be updated.

Corrections published the lists as tools employees could use when considering whether to voluntarily transfer from facilities with too many staff to facilities with too few. The information has been on the department's continually-updated Layoff Resources website.

SEIU Local 1000, which represents several thousand CDCR workers from cooks to teachers to computer programmers and others, called the duplications to the attention of department officials last week, said union spokesman Jim Zamora.

CDCR confirmed the duplications and notified Local 1000 on Thursday that the department would postpone the Voluntary Transfer Process while it straightened out the problem. Local 1000 said in a memo to members. "CDCR is currently working on this issue and will notify Local 1000 when they are ready to meet."


November 1, 2011
SEIU trains staff, leaders on fine points of realignment

SEIU Local 1000 says that it has trained 30 staff and member leaders who will conduct meetings with Department of Corrections and Rehabilitation employees about the agency's voluntary transfer process as it goes through realignment.

The voluntary transfer program is complicated and still has a few kinks to work out. Last week, for example, a snafu involving the department's lists of jobs slated for elimination and open positions surfaced. (When the lists are fixed, CDCR will post them on its Layoff Resources webpage.)

Since the start of realignment, officials have expected some problems. After all, we're talking about changing a far-flung department with more employees than the City of Rancho Cordova has residents.

Which is why SEIU has trained the task force to get its affected members up to speed and armed them with this summary of the realignment process and its impact on members' jobs:

October 26, 2011
Jerry Brown to propose less generous pensions, higher retirement age

Details of Gov. Jerry Brown's pension change plan are leaking out tonight.

Two of the most significant components: A mandatory hybrid pension system and aligning the retirement age to receive full benefits with Social Security, currently 67 for most employees. Both of those provisions would apply only to new hires.

Click here for the breaking news story by David Siders and look for more details in Friday's Sacramento Bee.

October 25, 2011
More state workers to return to full hours and pay next month

More than half the state workforce will return to full hours and pay starting next week.

The so-called "Personal Leave Program" ends Nov. 1 for the 95,000 employees covered by SEIU Local 1000 and another 30,000 excluded workers such as managers and supervisors.

The state sent paychecks to about 230,000 employees last month, according to the latest figures from the controller's office.

A little over one year ago, Local 1000 agreed to a contract that included one day of PLP per month for 12 months That agreement, which went into effect Nov. 1, 2010, also gave members a no-furlough guarantee during the PLP period.

Excluded managers and supervisors received similar terms via a memo issued by the Department of Personnel Administration.

Several blog users have asked if the end of PLP means that furloughs might return. Technically, it's possible, but we think it's extremely unlikely.

October 20, 2011
Slain technician to be remembered at California mental facilities

110325 Safety Now.JPGFamily members of slain hospital employee Donna Gross, state lawmakers and state workers will gather at various locations around California on Sunday to highlight concerns for patient and employee safety at state mental health facilities.

The Safety Now! Coalition is organizing the events at seven state facilities to observe the anniversary of her death at Napa State Hospital. The 54-year-old psychiatric technician from Concord had worked at the hospital for 14 years when she was killed last year by patient Jess Willard Massey.

October 19, 2011
From the notebook: Incentives differ for Corrections staff

Thumbnail image for notebook-thumb-216x184-9328.jpg
We never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

The new contract amendments discussed in our story in today's Bee share many details, but they're very different in the incentive payments they offer when employees transfer.

As of this writing on Tuesday, California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (Unit 2), Professional Engineers in California Government (9) and California Association of Professional Scientists (10) hadn't signed any contract amendments.

The California Association of Highway Patrolmen (Unit 5), the California Statewide Law Enforcement Association (7) and the California Department of Forestry Firefighters (8) don't have members who work for Corrections, so they weren't approached to amend their contracts.

Here are the incentive pay differences as spelled out in the various agreements signed with SEIU Local 1000 (Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20 and 21), California Correctional Peace Officers Association (Unit 6), International Union of Operating Engineers (12 and 13), Union of American Physicians & Dentists (16), California Association of Psychiatric Technicians (18) and American Federation of State, County and Municipal Employees (19).

SEIU Local 1000
Voluntary transfers to High Desert State Prison, California Correctional Center, Pelican Bay State Prison, or Salinas Valley State Prison: $5,000
Voluntary transfer to other institutions: $3,750
Involuntary transfer: $1,980

CCPOA--first layoff wave only
Transfers to High Desert State Prison or Pelican Bay State Prison: $7,500, drops to $3,750 after deadline set by CDCR
Transfers to Salinas Valley State Prison: $5625, drops to $3750 after deadline set by CDCR
California Medical Facility or California State Prison-Sacramento: $3,750, drops to $2,550 after deadline set by CDCR

CCPOA--second and subsequent layoff waves
Transfers to High Desert, Pelican Bay, or Salinas Valley: $3,750
Other institutions: $2,550

AFSCME, UAPD, CAPT, IUOE:
$3,750 for voluntary transfer
$1,980 for involuntary transfer

October 13, 2011
Berkeley report: Don't blame public employees for budget woes

111013 Government jobs chart.JPGA new report from the University of California, Berkeley's Center for Labor Research and Education and Center for Wage and Employment Dynamics finds that state budget woes around the country have come from imploding housing markets and the Great Recession -- not public employee costs.

The report takes a look at the relationship between public sector workers, their unions, and state budget deficits.

"The Wrong Target: Public Sector Unions and State Budget Deficits" by researchers Sylvia Allegretto, Ken Jacobs and Laurel Lucia concludes that:

October 11, 2011
SEIU president: 'We're going to be a watchdog' on outsourcing

Thumbnail image for Yvonne_Walker_small.jpgYvonne Walker, president of SEIU Local 1000, said in a telephone interview this morning that the union will continue to push for easier access to government outsourcing costs, despite Gov. Jerry Brown's veto of a labor-backed measure aimed at making those expenses more transparent.

Walker said she was disappointed that Brown vetoed Assembly Bill 172, which would have forced the state agencies and departments to post contracts of $5,000 or more on the Reporting Transparency in Government website.

While labor had a big stake in the measure because it would have put a spotlight on what the state pays for outside services, Walker said that the bill "isn't just about the workers we represent, it's about how the public's dollars are being spent. We're going to be a watchdog on this."

October 7, 2011
'Paycheck protection' initiative backers collect 900,000 signatures

Thumbnail image for 110819 signature collector petition 1.JPG
This just in from Torey Van Oot on our sister blog, Capitol Alert:

Proponents of an initiative to prohibit unions from automatically deducting dues from members' paychecks for political purposes without permission say they've collected more than 900,000 voter signatures in hopes of placing the measure on next year's ballot.

The so-called "pay-check protection" measure would also limit contributions to candidate-controlled committees by corporations, labor unions and contractors that receive government contracts.

Click here for more details.

PHOTO: A man solicits petition signatures on K Street in Sacramento. (Sacramento Bee 2007 file photo / Brian Baer).

October 6, 2011
Column Extra: Union coverage, opinion polling about labor

111006 Poll on union approval.JPGWith just 400 to 450 words for our weekly State Worker column, some of what we learn each week never sees print. Column Extras give you the notes, the quotes and the observations that inform what's published.

Our column in today's fiber/cyber Bee cites several statistics about union coverage of U.S. employees and public opinion polling about organized labor.

Click here for more information about the 75-year-old Gallup polling (pictured in the graph above) of responses to the question, "Do you approve or disapprove of labor unions?"

We've also put together this spreadsheet on public employee and private employee union membership and coverage using data compiled by Barry Hirsch and David Macpherson on unionstats.com.

September 23, 2011
Details behind controversial SEIU pay proposal emerge

Specific details have surfaced about the research that went into a now-tabled proposal to increase the pay of SEIU Local 1000 officers.

According to a 13-page rough draft of a PowerPoint presentation that was going to be given at the local's Sept. 16-19 council meeting in Oakland, the researchers looked at wages paid for comparable positions and checked IRS rules before proposing to pay Local 1000's president $150,000 per year and $125,000 per year to each of its three vice presidents.

(Our first report on the proposal referenced the research and legal vetting the plan received, but the PowerPoint goes into great detail.)

The plan riled up rank-and-file members once it became widely known, however, and Local 1000 President Yvonne Walker asked to have it pulled from the Oakland agenda. The presentation, acquired by The State Worker and confirmed as authentic by the union, was never brought to the council.
SEIU Local 1000 Officers' Pay Proposal PPt

September 19, 2011
Union video lays out pension fairness issue

The Rhode Island Retirement Security Coalition, a labor organization fighting for public employee retirement benefits, has posted a video that explains the unions' side in that state's pension debate. The arguments in the 10-minute piece are similar to those made by public employee unions in California and elsewhere.

Hat tip to Blog User D for calling this video to our attention.