Trustees Agenda for July 13 Meeting

The CSU Board of Trustees meets next Tuesday, July 13, at the Chancellor's Office in Long Beach.

The day will begin with closed sessions on personnel matters and collective bargaining, with the open meeting of the Committee on Collective Bargaining estimated to begin at 11:30 a.m.

Among the agenda items are:

• Ratification of a contract with Academic Professionals of California (APC), representing Unit 4, Academic Support (Committee on Collective Bargaining)
• Set compensation for Dr. Ephraim P. Smith, Executive Vice Chancellor and Chief Academic Officer, at $285,000 plus $1,000 per month car allowance, annual medical physical examination, and the transition program for university executives. (Committee on University and Faculty Personnel)
• Set compensation for San José State University Interim President Don W. Kassing at $328,200, plus an annual supplement of $25,000 from San José State University Foundation sources, occupation of the official university presidential residence, a university vehicle or a $1000 per month car allowance, an annual medical physical examination, and actual, necessary and reasonable relocation expenses. (Committee on University and Faculty Personnel)
• Set compensation for California Polytechnic State University, San Luis Obispo, Interim President Dr. Robert Glidden, at $328,200, plus housing and a vehicle provided by the university, and actual, necessary and reasonable relocation expenses. (Committee on University and Faculty Personnel)
• Approval of plan to displace 99 tenants of the Dobbs Street Apartments acquired by California State University, Los Angeles, so that the property can be renovated as housing for graduate and upper-division CSULA students. (Committee on Campus Planning, Buildings, and Grounds)
• Approval of $2,627,000 for a water filtration plant at California State Polytechnic University, Pomona. (Committee on Campus Planning, Buildings, and Grounds)
• Approval of $15,000,000 for purchase of an existing cogeneration plant on the west side of the California State University, Channel Islands (CSUCI) campus. (Committee on Campus Planning, Buildings, and Grounds)
• Approval of $2,200,000 for CSU San Marcos to Sparkman Elementary School in Temecula for use by its Extended Learning Southwest Riverside Facility, also in Temecula. Funding will come from local redevelopment funds. (Committee on Campus Planning, Buildings, and Grounds)
• Approval of $43,980,000 for design and construction of a student union to include a large ballroom, meeting rooms, Associated Student and student organization offices, food services, lounges, a coffee shop, and recreational area for students. (Committee on Campus Planning, Buildings, and Grounds)
• Approval to explore acquisition of a portion of the Concord Naval Weapons Station as a site for a future CSU East Bay Concord branch campus (Committee of the Whole)

Details for most agenda items are found in the relevant committee agendas.

You can address the board on your own behalf with 2 days' notice, by following the instructions on page 2 of the Schedule of Meetings. Except for the closed sessions early in the day, these are open meetings which anyone may attend and observe.

Links

• CSU Board of Trustees agendas
• Schedule of Meetings for July 2010 CSU Board of Trustees [PDF]
• Committee on Collective Bargaining agenda for July 2010 CSU Board of Trustees meeting [PDF]
• Committee on University and Faculty Personnel agenda for July 2010 CSU Board of Trustees meeting [PDF]
• Committee on Finance agenda for July 2010 CSU Board of Trustees meeting [PDF]
• Committee on Campus Planning, Buildings, and Grounds agenda for July 2010 CSU Board of Trustees meeting [PDF]
• Committee of the Whole agenda for July 2010 CSU Board of Trustees meeting [PDF]

CSEA Member Benefits Agenda for August 7

CSEA Member Benefits will meet on Saturday, August 7, 2010 in Sacramento.

This is an open meeting, and will take place at:
Holiday Inn Sacramento Capitol Plaza
300 J Street
Sacramento, CA 95814

The agenda items:

1. Call to Order at 9 a.m. by Chair Rosmaire M. Duffy
2. Pledge of Allegiance
3. Roll Call:

   Rosmaire M. Duffy, Chair, Chapter 503
   Caryl Cole, Chapter 12
   Cathy Hackett, DLC 765 (excused)
   Richard McGee, Chapter 320
   Peggy O'Neil-Rosales, Chapter 315
   Tamekia Robinson, DLC 747
   Norm Stone, Chapter 512
   Barbara A. Wilson, Chapter 2 (excused)

   Officer Assigned: Donna Snodgrass, Vice President

   Staff Assigned: Kay Thomas, Director of Member Benefits
   Athena Summers, Employee Benefits Representative
   Lisa Fong, Program Specialist

4. Introductions
5. Approval of Minutes of First 2010 Member Benefits Committee Meeting
6. Remarks of Chair
7. Remarks of Officer Assigned
8. Remarks of Staff Assigned
9. Annual Review of CSEA Sponsored or Endorsed Insurance Plans:
   1. Group Term Life Insurance Plan - Anthem Life Insurance Company
   2. Group Ordinary Life Insurance Plan - Anthem Life Insurance Company
   3. Accidental Death and Dismemberment Insurance Plan - New York Life Insurance Company
   4. Disability Income Insurance Plans (Short Term and Long Term) - New York Life Insurance Company
   5. Cancer Insurance Plans - Monumental Life Insurance Company
   6. Family Life Insurance Plan - American United Life Insurance Company
   7. Legal Plan - Legal Club of America
   8. Auto and Homeowners Insurance Plan - Unitrin Direct preferred insurance
   9. Emergency Assistance Plus Plan (EA+) - OnCall International
   10. 24PetWatch Pet Insurance Plan - Pethealth Incorporated
   11. Comprehensive Accident Plan (CAP) - Hartford Life and Accident Insurance Company
10. Old Business:
    1. Legal Club of America
    2. Aspen University
    3. J.C. Insurance
11. Information Items:
    1. Dependent Life Program
    2. Update on CSEA Life Plan Request for Proposal (RFP)
    3. Update on Auto Insurance Plan Request for Proposal (RFP)
    4. American Society for the Prevention of Cruelty to Animals (ASPCA) Pet Insurance Plan
12. Unscheduled Items
13. Adjournment

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CSUEU is part of CSEA. CSUEU members are entitled to CSEA member benefits.

No Minimum Wage for CSU Employees

On July 2nd, after a state appeals court ruled that salaries of more than 200,000 state workers can legally be reduced to the federal minimum wage, both the CSUEU and the CSU completed their review of the Governor's order. Both groups are in agreement that this ruling does not apply to CSU employees, and we should all expect to receive our regular, post-furlough salaries.

The following statement is from CSUEU's website:

Yesterday, Gov. Schwarzenegger made public an executive order that could temporarily reduce pay for more than 200,000 state workers to the federal minimum wage of $7.25 per hour.

According to the union's and CSU's review, the executive order does not apply to CSU staff or to other CSU employees. Unlike many other state agencies, the CSU and other public higher education segments generally are not under the direct executive authority of the governor.

State Controller John Chiang, whose office issues state paychecks, released a statement yesterday saying that he won't follow the order unless a court tells him to. Today, the California Court of Appeal, looking at a similar executive order from 2008, held that Schwarzenegger had the authority to issue such an order.

Chiang can -- and likely will -- seek a review of the appellate court decision by the California Supreme Court in the coming days and weeks.

The Chancellor's Office also published their own response:

CSU Employees Not Impacted By Governor's Minimum Wage Order

(July 2, 2010) – In response to Governor Schwarzenegger's directive today to cut the pay of state workers to the federal minimum wage until a budget is passed, the California State University announced that CSU employees will continue to receive their regular compensation.

"We want to let CSU employees know that we have received confirmation from the State Controller's office that our employees' compensation is not impacted by this order," said CSU Chancellor Charles B. Reed. "Employees will receive their regular paychecks and can expect their normal compensation." The CSU intends to pay its employees with alternative revenue sources other than state general funds if it becomes necessary.

Gov. Schwarzenegger has announced an order to cut the pay of about 200,000 state workers to the federal minimum wage of $7.25 an hour until a budget is signed. Payroll decisions for the first month of the fiscal year, which began on July 1, do not need to be made until July 20.

Layoff Agreements for East Bay and Bakersfield

This week we've reached agreements on layoffs at East Bay and Bakersfield. Here are the bargaining updates:

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CSU East Bay

On June 29, CSUEU reached an agreement with CSU and CSU East Bay (CSUEB) regarding the mitigation of layoffs. It augments an earlier agreement on voluntary work time reduction programs for both impacted and non-impacted employees.

According to the agreement, a six-member labor-management committee will meet once or twice per month to discuss the implementation of layoffs at CSUEB. Topics will include training programs, retreat rights, voluntary programs to avoid layoffs, workload, assignments, recall from layoff, and job clearinghouse issues.

During the time any employee remains on a re-employment list, CSUEB may offer qualified laid-off employees temporary employment, including training assignments. This temporary employment will not count as an offer of return to work under Article 24.

The agreement extends existing contract provisions for professional development and training to laid-off employees. It increases the number of fee waiver courses that laid-off employees may attend from two to three courses and from 6 units to 12 units, whichever is greater, at CSUEB for the Fall 2010, Winter 2011, and Spring 2011 quarters. In subsequent quarters, the existing Article 22 contract language will govern the number of courses and units for laid-off employees.

The agreement prohibits the CSU from displacing bargaining unit employees by contracting out work or by increasing the number of administrators or student assistants’ hours in a department for the purpose of performing bargaining unit work.

Reassigned employees shall receive new job descriptions at least seven days in advance. CSUEB will provide any necessary training and will facilitate a meeting with the administrator and employee to discuss duties, expectations, and training.

Two laid-off Unit 7 employees have been offered temporary assignments, and another has been offered a full-time position. CSUEU continues to negotiate with CSUEB to resolve seven grievances and an unfair labor practice related to budget reductions and other layoffs.

Out of 86 layoffs announced in February, 20 employees remain laid off, and another 11 have had their layoff dates extended through July 30. Twenty-seven layoffs have been fully rescinded and another 13 mitigated by timebase reductions. Out of 39 employees reassigned in February, 12 have accepted reduced time bases with a right to return to full-time under our negotiated agreement, and another 16 have accepted reassignments. Several employees have found employment at nearby campuses and in other bargaining units, while a few have resigned or retired.

Bargaining took place at CSU East Bay on March 11, April 6, June 8, and June 29. CSUEU was represented at various times by President Pat Gantt, Vice President for Representation Russell Kilday-Hicks, BU 2 Chair Tessy Reese, BU 5 Chair Sharon Cunningham, BU 5 Vice Chair Richard Berry, BU 7 Chair Michael Brandt, BU 7 Council Representative Gilbert Villareal, BU 9 Chair Rich McGee, BU 9 Vice Chair Alisandra Brewer, Senior Labor Relations Representative/Chief Negotiator Lois Kugelmass, Labor Relations Representative/Co-negotiator Jerrie McIntyre, and, from CSUEU Chapter 306, President Diego Campos, Chief Steward and Vice President Rose Greeff, BU 5 Representative Marie De La Cruz, BU 7 Representative Sylvia Ortiz, and BU 9 Representative Steve Main.

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CSU Bakersfield

On June 30, the second day of layoffs bargaining at CSU Bakersfield following a preliminary session on June 3, CSUEU and CSU reached agreement on the terms of layoff.

According to the agreement, CSU Bakersfield employees who voluntarily take a time base reduction can exit the program if the need for cost savings becomes unnecessary or if not enough savings are generated to save laid-off positions.

Other sections of the pact reinforce employee rights under CSUEU/CSU’s Collective Bargaining Agreement. Some articles parallel agreements recently reached at other campuses.

CSUEU continues efforts to mitigate individual cases of layoff. More than half of the affected CSU Bakersfield employees have been completely reinstated or offered some form of mitigation. Negotiations continue on behalf of the remaining represented employees, whose layoff will be effective July 6. Several grievances arose out of specific situations, which remain unresolved at this time.

Our responsibility is to work for each affected employee, explained CSU Bakersfield Chapter 310 President Ray Finnell. We will keep advocating on their behalf.

CSUEU Vice President for Representation Russell Kilday-Hicks stated, Different needs at each campus are addressed in bargaining and are reflected in the varying campus agreements. Advance preparation by the chapter helps the team coming in.

Chief negotiator Lois Kugelmass led the CSUEU negotiating team skillfully. Other team members included Finnell, Kilday-Hicks, CSUEU President Pat Gantt, Bargaining Unit 7 Council Vice Chair John Orr, Bargaining Unit 9 Vice Chair Alisandra Brewer, Labor Relations Representative Frank Pulido, and, from Chapter 310, Chief Steward and Vice President Kathryn Plunkett, Unit 7 Representative and Organizing Chair Tina Giblin, and Unit 9 Representative Teresa Robertson.

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Links

• East Bay Layoff Bargaining Update (CSUEU)
• Bakersfield Layoff Bargaining Update (CSUEU)

Governor's Order to Withold Pay Still Tied Up In Court

Yesterday Governor Schwarzenegger ordered State Controller John Chiang to cut pay for most state employees to federal minimum wage ($7.25/hour), until a state budget is in place. Chiang has stated he will not implement the order until courts hand down a final resolution. The 2008 case from a similar order is still working its way through the courts.

As CSUEU's June 22 statement said, Only after a final decision comes down will either CSU or the union be able to determine if this order applies directly to CSU employees.

Bargaining Ploy

Despite claiming that California law forced the state to withhold wages, Schwarzenegger exempted about 37,000 employees from the order, because the unions which represent them had agreed to wage and pension concessions. The executive director of Professional Engineers in California Government observed the governor has taken a constitutional budget issue and reduced it to a bargaining ploy.

State Controller's Statement

Excerpts from Chiang's statement about the order to reduce wages:

In the absence of the leadership needed to bring the Legislature to an agreement on his budget, the governor again resorts to political tricks. Because of the limits of the state's current payroll system, there is no way that his order can be accomplished without violating the State Constitution and the federal Fair Labor Standards Act. In short, his demands will do nothing to solve the budget deficit, but will hurt taxpayers by exposing the state to billions of dollars in penalties for those violations.

and:

Notwithstanding necessary changes to the State's labor laws, we continue to work with the Governor on building a system capable of legally reducing wages in the manner sought by his Administration. This system modernization is slated for roll-out in 2012. If the DPA has a problem with that schedule, they should consult the steering committee, of which four of the six members are the governor's appointees, including DPA Director Debbie Endsley.

Links

• Schwarzenegger orders minimum wage for workers (San Francisco Chronicle)
• Governor puts 200,000 state workers on minimum wage (Sacramento Bee)
• Read the minimum-wage pay letter (Sacramento Bee)
  • Draft of state pay letter [PDF] (Sacramento Bee)
• State Controller's Office
  • What the State Controller Can and Cannot Pay (July 2010)
  • State Controller's response to order to reduce pay

BUC 9 Report for June 26, 2010 Meeting

CSUEU's Board of Directors is meeting this weekend in Reno. Below is the report Unit 9 Chair Rich McGee will present to the Board later today:

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Bargaining Unit Council (BUC) 9 Report
June 26 2010

BUC 9 met Saturday, June 26, 2010 at the CSUEU Board of Directors meeting in Reno, Nevada.

Layoffs

Layoffs have been announced at 9 CSU campuses. Like previous layoffs, these disproportionately affect Unit 9. In the current round of layoffs, 120 positions, out of 209, have been in Unit 9.

At each of these campuses we're working to negotiate the best possible outcome for all affected employees.

Outsourcing

With more than a dozen campuses considering or acting on e-mail outsourcing, we met with the Chancellor's Office to discuss its impact on bargaining unit employees. On June 21st, the CSU and CSUEU signed an agreement which protects the interest of bargaining unit members and confirms the CSU's obligation to follow the contract.

I'd like to thank the officers and members who served on this bargaining team – Matthew Black, John Burdett, Eric Eisenhart, and Unit 9 Vice Chair Alisanda Brewer – as well as Senior Labor Relations Representative Teven Laxer for their work on this.

We will continue to grieve violations related to outsourcing. Outsourcing IT is not a cost-saving measure; in fact the Bureau of State Audits has determined that it costs far more than doing the job in-house.

Computer Security Training

Last year the Chancellor's Office created a mandatory web-based computer security course. Early testing by Unit 9 activists identified serious problems including erroneous statements about CSU policies, and a requirement that employees falsely claim full responsibility for systems they only partly control. We met with the CSU, and the Chancellor's Office committed to fixing the problems. Nearly a year later, it turns out that the errors have not been corrected, and CSU managers are ordering rank-and-file employees to complete the course.

Please advise employees on your campuses to contact a steward immediately if they are instructed to complete this error-filled version of the security training; we need to file on these.

BUC 9 Vacancy

We have a vacant at-large seat on BUC 9. Any chapter Bargaining Unit Representatives who would like to volunteer for this position, or would like more information, please contact BUC 9 Chair Rich McGee directly.

BUC 9 Agenda for June 26 Meeting

Bargaining Unit Council 9 (BUC 9) meets this Saturday, June 26, from 5:30 p.m. to 7:00 p.m., at the CSUEU Board of Directors (BOD) meeting in Reno. Like most CSUEU meetings, this is an open meeting. Check the board at the hotel for the room location.

Agenda for BUC 9 Meeting
Saturday, June 26, 2010

1. Introduction of BU 9 Council Members — Group
2. Chair's remarks — Rich McGee
3. Vice-Chair's remarks — Alisandra Brewer
4. Layoff update, by campus — Alisandra and Teven
5. Outsourcing E-mail Status — Rich and Teven
6. CSU's Web-based Security Training Course — Rich McGee
7. Vacancy on BU 9 Council — Rich McGee
8. Other items as time permits — Open discussion

This weekend's BOD meeting is at:
Grand Sierra Resort
2500 East 2nd Street
Reno, Nevada 89595
(800) 501-2651
(775) 789-2000

This is not a non-smoking hotel. Smoking is permitted in many areas of this hotel, including 1st and 3rd floor conference rooms and the casino area. The 2nd floor conference rooms, and restaurant areas, are non-smoking. The CSUEU agenda page identifies the nearest medical facility as:
Renown Regional Medical Center
1155 Mill St.
Reno, Nevada 89502
(775) 982-4100

Links:

• June 2010 CSUEU Board of Directors meeting in Reno, NV
• Grand Sierra Resort (has auto-starting audio; you may want to mute your computer first)

Whistle-Blower Hotline

The CSU is required to notify all state employees, on an annual basis, of their right to use the states whistle-blower hotline. Here is this year's notice.

The California State Auditor is your confidential avenue for reporting any type of improper activities by state agencies or employees. It is your responsibility as a government employee to report any type of fraud, waste, or abuse, which ultimately protects scarce budget dollars. Moreover, with the significant influx of American Recovery and Reinvestment Act funds expected, it is important for you to be alert to any suspected misuse of these funds and report them to the California State Auditor.

If you report an impropriety, you are protected by the Whistle-blower Protection Act, which:

Requires the State Auditor to protect your identity (except from law enforcement);

Prohibits intimidation, threats, or coercion by state employees that could interfere with your right to disclose improper governmental activities.

Last year alone, the State Auditor’s Whistleblower Hotline received 2,163 complaints or inquiries. These complaints triggered investigations that have revealed millions of dollars in wasteful spending, such as:

A department official improperly claimed $71,747 for commute and other expenses
incurred near her home and headquarters.

A department wasted $881,565 in state funds and lost $90,000 in potential interest earnings by purchasing 51 vans that were unused for more than two years.

Two departments wasted $580,000 in state funds by continuing to lease 5,900 square feet of office space that one department had not occupied for more than four years.

HOW TO REPORT
You have three ways to confidentially report information to the California State Auditor:

Call the Whistleblower Hotline at:
800-952-5665
866-293-8729 (TTY)
916-332-2603 (Fax)

Mail information to:
Investigations, Bureau of State Audits
CALIFORNIA STATE AUDITOR
555 Capitol Mall, Suite 300
Sacramento, CA 95814

Submit a complaint online to:
http://www.bsa.ca.gov/hotline/filecomp
(Note: complaints not accepted via email)
You may also call the California Attorney General’s Confidential Hotline At (800) 952-5225 or (916) 322-3360.

Each campus also has a designated MPP (Manager) assigned to hear employee whistle-blower complaints. To find your local campus official, contact your HR department.

Technical Training Available

For those of us IT staff who desire additional technical training, but are often denied the funding, the CSU may have a solution. There is a license agreement now in place for system-wide technical self-study training program called "SkillChoice 2010".

The training is all self-study, via the web. The website is http://thesource.calstate.edu and the cost is $154 per user for a 12 month period, starting July 1st, 2010.

The training brochure promises several thousand hours of classes, 1700+ online courses, and thousands of on-line books, including 8600 fully searchable online books from Apress, Microsoft Press, MIT Press, McGraw-Hill and Jown Wiley and Sons. In addition, a Learning Management System tracks your progress through each course. (This also allows your manager to audit your progress.)

I have no idea what these courses will be like, or how in-depth they might be. My department here at CSUSB was kind enough to offer to pay for any of our staff who wished to participate, so I'll know more in a few weeks.

The Chancellor's Office of Professional Development also maintains an e-mail list for additional information, as well as a full support staff. I called them today to verify that the courses would work on a Mac (The website only says "On your Windows system") and the friendly person I spoke with told me that she uses the courses on her own Mac at home.

While it is much too early to provide any feedback about these courses, I wanted to share this information with you as soon as I received it. Hopefully, you will be able to request and obtain the funding to participate. It also appears that you can pay, individually, using a private credit card, as long as you are a CSU employee.

I have taken several similar self-study training courses in the past, and always discovered that I learned something useful from each of them. But you do have to be disciplined, and take each course seriously. My advice is that you treat each course like it was a daily or weekly college-level class, spending time every day on the reading and assignments. Trust me, if you wait and say "I'll start the next course in a week", 11 months will vanish before you know it.

Layoffs Announced at San Jose

CSUEU received notice this morning of layoffs at San José:

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TO: Michael Hejazi, CSUEU senior staff, CSUEU Board of Directors:

Attached please find a notice of layoffs at San Jose State University. Units 2, 7 and 9 are all impacted; the total number of impacted employees is 73. We will immediately request a meet and confer, and begin the process of meeting with all of the employees.

In Unity,

Phillip Coonley, Chief of Staff
California State University Employees Union (CSUEU)

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Here's the breakdown by unit:

Announced San José State University Layoffs by Bargaining Unit

Bargaining Unit	Number of Classifications Affected	Number of Positions Affected
Unit 2	2	2
Unit 7	7	50
Unit 9	14	21
All	23	73

Campus President announced in March that layoffs were part of the 2010-2011 budget planning.

The CSUEU bargaining team is at Humboldt State University today, continuing to bargain over the impact of layoffs at that campus.

Links

• SJSU President: Layoffs "Part of Our Planning"
• San José State University Budget Update 4/15/2010 (San José State University News)
• San José State Announces Non-Faculty Layoffs (San José State University news release)
• Contract Article 24: Layoff
• Full CSU-CSUEU Contract
• CSUEU Chapter 307: San José

Support CSUEU at Humboldt

Please support your colleagues at Humboldt State University!

Humboldt State University has announced the potential layoff of 55 positions. CSUEU and Humboldt management are negotiating this afternoon to save the jobs of these support staff members who keep the CSU running.

Please take a moment TODAY (Tuesday, April 13th) at 11 a.m., just before bargaining takes place, to send a message to key CSU administrators asking that their representatives do everything possible to save jobs and protect the mission of the California State University:

Richmond, Rollin - President rollinr@humboldt.edu
Snyder, Robert - Provost & Vice President Academic Affairs ras1@humboldt.edu
Burges, Jena - Vice Provost Academic Programs jb139@humboldt.edu
Butler, Steven - Vice President Student Affairs svb7001@humboldt.edu
Nordstrom, Burt - Vice President Admin. Affairs bnn1@humboldt.edu
Gunsalus, Robert - Vice President Development & Alumni Relations gunsalus@humboldt.edu
Jackson, Laura - Assoc. Vice President Development & Alumni Relations Laura.Jackson@humboldt.edu
Curtis, Tammy - Assoc. Director of Human Resources curtis@humboldt.edu


If your email program is properly setup, you can click this link to send an email to all the addresses above.

After you send an email to Humboldt State, please click here to let us know. Your colleagues at HSU appreciate your support!

Here’s a sample message to inspire you. Please feel free to write your own message and let Humboldt State know how much cuts hurt the CSU and California.

Dear XX:

I encourage you to find alternatives to save jobs in these difficult times and to mitigate layoffs at Humboldt State University. My fellow CSU Employees Union members and I fully support the union bargaining team that is negotiating with your administration’s representatives about layoffs at HSU today. Our team members are in good faith willing to explore any and all options to save jobs and keep employees in their current pay plan. Please ask your bargaining team members to do the same so that together we can survive these difficult economic times with Humboldt State University's support infrastructure intact.

Regards,
(Your name here)

Help Support CSU East Bay!

CSU East Bay has announced the potential layoff of 125 employees in units 5, 7 and 9. CSUEU and East Bay management are negotiating today to save the jobs of these

support staff members who keep the CSU running.
Please take a moment TODAY (April 5th) at 2 p.m., while bargaining is taking place, to send a message to key CSU administrators asking that their representatives do everything possible to save jobs and protect the mission of the CSU:

Mohammad Qayoumi, President - Mo.Qayoumi@csueastbay.edu
Shawn Bibb, VP Admin & Finance - shawn.bibb@csueastbay.edu
James Houpis, Provost - james.houpis@csueastbay.edu
Linda Dalton, VP Enrollment Management - linda.dalton@csueastbay.edu
Robert Burt, Vice President - bob.burt@csueastbay.edu
John Charles, Chief Information Officer - john.charles@csueastbay.edu
Jim Cimino, Assoc. VP Human Resources – jim.cimino@csueastbay.edu

Here’s a sample message to inspire you. Please feel free to write your own message and let CSU East Bay know how much cuts hurt the CSU and California.

Dear XX:
I encourage you to find alternatives to save jobs in these difficult times and to mitigate layoffs at CSU East Bay. My fellow CSU Employees Union members and I fully support the union bargaining team that is negotiating with your administration’s representatives about voluntary programs today. Our team members are in good faith willing to explore any and all options to save jobs. Please ask your bargaining team members to do the same so that together we can survive these difficult economic times with CSUEB’s support infrastructure intact.

Regards,


Thanks for helping!

-Rich McGee
Chair, CSUEU Unit 9

Program Elimination at CSU Humboldt?

The CSUEU Bargaining Team will be travelling to Humboldt next week for a meet and discuss with the CSU over the large number of represented employees who were notified of involuntary timebase reductions. Meanwhile, the following story was posted on the Chancellor's Office website. If an academic program is eliminated, is it not logical to assume that those staff members who work in support of that program will, at the very least, face reassignment, if not a potential layoff?

Humboldt State University's Academic Senate on Saturday grilled the heads of departments that are on the chopping block about the value of their programs, part of a process to develop recommendations to send to the provost.

Such stalwart programs as physics, chemistry, nursing, fisheries biology and English literature were put under the microscope at Founders Hall - all possibilities to be cut to save the university some $1.3 million.

Senators are expected to come up with several packages that would meet that requirement as part of a recommendation to the provost. The Senate should vote on those recommendations Tuesday, but Provost Bob Snyder has offered no guarantee that the recommendations will be followed.

Many of the questions directed to department heads Saturday were about whether majors might be merged to realize savings, but program leaders urged strongly against that. Chemistry and physics departments chairman Robert Zoellner said that neither physics nor chemistry could assume parts of the other's program if one were eliminated.

"An undergraduate degree is not a specialty degree," Zoellner said. "It's a foundation for a specialty degree later on."

He added that a revamped physics curriculum that includes astronomy has attracted a large number of students to the university.

While those foundation majors may be struggling to save themselves, so are unique HSU programs like Rangeland Resources and Wildlands Soils, two of few such programs in the country. It, too, has revised its curriculum, said Professor Susan Edinger Marshall, and expects to see enrollment increase.
Rangeland undergraduate Stewart Wilson told the Senate that agriculture is a $100 billion-a-year industry in California. To cut the program would threaten the university's status as a natural resources school, he said.

"I think it's important to realize the obligation this university has to Northern California and to Northern California's natural resources," Wilson said.

Other resource programs are on the chopping block, including fisheries and oceanography. Oceanography is the only undergraduate program of its kind in California or adjacent states, said Professor Jeff Borgeld. Oceanography is particularly dependent on other majors like physics and chemistry, Borgeld said, because its students take many of the same physics and chemistry courses those majors take. A major change to either of those departments would have an immediate impact on oceanography, Borgeld said.

HSU's nursing program, which graduates the second-highest number of students per year as any other program being considered for elimination, is also the most expensive. The Academic Senate has estimated scrapping the program would save some $867,200 - a major chunk of the $1.3 million needed. The department argued Saturday that its bachelor's program makes nurses more valuable and more capable in the workforce than the College of the Redwoods associate degree program.

The Liberal Studies Elementary Education program graduates the most students, but would save only an estimated $117,000 if it were to be cut.

The focus on cost has brought angst to many of those employed by the programs on the chopping block. But it appears that few, if any, of those departments have had formal discussions about retraining those who may lose their jobs with the restructuring.

Asked about it Saturday by the Senate, none of the department representatives on hand said they'd investigated that possibility.

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PROGRAMS UP FOR ELIMINATION:

The following programs are being considered by Humboldt State University Academic Senate to be recommended for elimination. The senate is tasked with recommending a package of programs for elimination for which the total cost savings will be at least $1.3 million, with 90 percent of the savings coming from undergraduate programs and the remaining 10 percent from graduate programs.

Program - campus-wide ranking for average number of degrees awarded annually
- average number of degrees awarded annually - projected cost savings

UNDERGRADUATE

Chemistry -37 - 10.75 - $132,310

Computer Information Systems - 38 - 10 - $135,744

Computer Science - 44 - 5 - $66,859

Fisheries Biology - 31 - 15.5 - $207,625

Liberal Studies Elementary Education - 6 - 51.75 - $116,920

Nursing - 7 - 49 - $867,200

Oceanography - 41 - 6 - $83,660

Philosophy - 34 - 13.75 - $201,517

Physics - 43 - 5.5 - $89,948

Rangeland Resource Science - 40 - 8.75 - $110,684

GRADUATE

English Literature, MA - 19 - 4.5 - $70,250

Kinesiology, MA - 17.5 - 4.75 - $68,644

Theatre Arts, MA (Film Production) - 30 - .25 - Not applicable *

Theatre Arts, MFA (Scenography) - Not applicable **

Theatre Arts, MA (Theatre Production) Not applicable **

* Cost savings projections are only available for the Theatre Arts graduate program as a whole, and are projected at $165,722

** Indicates new programs for which no data is available

Source: Academic Senate cost savings data spreadsheets

Source: Chancellors Office Blog

Supplement to BUC 9 Report

We have some supplemental material and links for the Bargaining Unit Council (BUC) 9 report published earlier today:

Student Assistants

From the contract:

17.12 Student assistants may be assigned duties within the classification and qualification standards that are applicable to bargaining unit employees.

Here's the entire text of the Classification and Qualification Standard (CQS) document for Student Assistants:

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Student Assistant
Class Code: 1870
Date Established: 09-07-55
Date Revised: 03-28-03

OVERVIEW:

Under immediate supervision, incumbents in this classification work part-time during academic periods and may work full time during break periods in any of the various areas of a CSU campus. Incumbents perform clerical, technical, maintenance, custodial, laboring or other work as assigned.

MINIMUM QUALIFICATIONS:

Knowledge and Abilities:
Ability to learn and perform assigned work; ability to work cooperatively with faculty, staff, and other students; and ability to accept responsibility.

Special Qualification:
Admission or registration as a CSU student.

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• Article 17: Assignment/Reassignment (CSUEU)
• Full CSU-CSUEU Contract (CSUEU)
• Student Assistant CQS (CSU)
• Unit 9 Classification and Qualification Standards (CSU)
• Classification Standards (CSU)

Library Services Specialist (LSS) Classification Implementation

• December 10, 2009 Library Services Specialists Bulletin (CSUEU)

Furloughs

Furloughs expire June 30, 2010.

Section 5 of the Furlough Agreement states During the period of the furlough, the number of student assistant hours and the number of administrators in a department shall not be increased for the purpose of performing bargaining unit work.

• Furlough Agreement (CSUEU)
• Know Your Rights #17: Furloughs [PDF] (CSUEU)
• Know Your Rights #14: Reasonable Workload [PDF] (CSUEU)
• Know Your Rights #14: Reasonable Workload &mdash Spanish [PDF] (CSUEU)
• Full CSU-CSUEU Contract (CSUEU)
• Rumors vs. Facts (Unit 9 News)

Layoffs

• General
  • Contract Article 24: Layoff (CSUEU)
  • Full CSU-CSUEU Contract (CSUEU)
  • Know Your Rights #10: Layoffs [PDF] (CSUEU)
• Campuses
  • Layoffs Announced at East Bay (Unit 9 News)
  • Humboldt State Layoff Notices (CSUEU)
  • SJSU President: Layoffs "Part of Our Planning" (Unit 9 News)
  • No Layoffs Planned at CSU San Marcos (CSUEU)
• End Runs
  • Reminder: Even "Disguised" Layoffs Require Notice to Headquarters (Unit 9 News)
  • A Layoff By Any Other Name (Unit 9 News)

Check Campus Job Postings

• Unit 9 Classification and Qualification Standards (CSU)
• Classification Standards (CSU)

BUC 9 Report

Below is the Chair's report on last night's BUC meeting. This report is being presented to the CSUEU Board of Directors this morning.

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BUC 9 Report
Report of BUC 9 Chair Rich McGee

Bargaining Unit Council (BUC) 9 met Saturday, March 27, 2010.

Student Assistants

The Classification and Qualification Standards (CQS) document for Student Assistants describes Student Assistants as working under "immediate supervision." The contract permits Student Assistants to do bargaining unit work, but only under immediate supervision.

This is an enforcement issue, and we should be filing on cases where Student Assistants are not working under immediate supervision.

Library Services Specialist (LSS) Classification Implementation

Negotiations for the LSS classification are in abeyance until 2011, when we hope the budget picture will have improved enough to support the implementation of the more-demanding classification.

Furloughs

In February, I asked chapter Bargaining Unit Representatives (BURs) for updates and feedback on furlough implementation. I'd like to thank the BURs who sent out the survey information to Unit 9 employees on their campuses, and who responded to me directly. Having this information was extremely helpful at the statewide Furlough Labor Management Committee (LMC).

The responses indicate that some chapters either don't have active Furlough LMCs, or are crippling themselves by excluding the people elected to represent the bargaining units – the BURs. BURs should be on chapter Furlough LMCs.

Please continue to file grievances on violations of the furlough agreement, including workload problems (since no workload complaint procedure was ever worked out), and increased student assistant hours.

Layoffs

So far this year we've been noticed on Unit 9 layoffs at 2 campuses: 31 at East Bay, and 27 at Humboldt. We expect layoffs at additional campuses. For comparison, in the 2003-2004 layoffs (the last large round of layoffs in our bargaining units), we had:

Layoffs Statewide 2003-2004

Layoffs	Unit 9	Total
Initial Layoffs	60	139
After Bargaining	51	106

Vice Chair Alisandra Brewer and I spent 2 days at East Bay interviewing employees, examining the information so far provided, and working with the chapter to prepare for bargaining. We bargained there in March, and return in April. The March bargaining was primarily about the implementation of the voluntary reduced worktime program provision in the contract – the campus is attempting to impose additional constraints on the program, which are not provided for in the contract.

We've scheduled bargaining at Humboldt in April.

A few reminders:

• Notice must be to headquarters
  • Notice cannot be to a chapter
• Layoff end runs — such as time-base reductions — are still layoffs
  • Headquarters must be noticed on these
  • Article 24 must be followed
• Layoffs cannot be negotiated directly with the chapter/LRR
• Non-renewal of temporary employees is not a layoff
• Contact me if you hear campus manager talking about layoffs

Layoff bargaining, especially for large numbers of employees, becomes complicated and time-consuming. Two things we focus on are:

1. Verifying that the contract is being followed. This includes the order of layoff, laying off probationary and temporary employees before permanent employees in the same classification, seniority points, exemptions, etc.
2. Getting the best result we can for employees whose layoff can't be avoided.

Email Outsourcing

A Meet and Confer on the outsourcing of campus email is tentatively scheduled for April.

Check Campus Job Postings

Campuses continue to post jobs under lower classifications than the duties and requirements justify. Please keep monitoring your campus job postings, and file as necessary.

Closed Session Added to Today's BOD Meeting

The CSUEU Board of Directors (BOD) voted earlier today to go into closed session at 1 p.m. to discuss Organizing. The meeting schedule sent out in advance shows only last night's session as closed.

According to sections 401.02 and 401.03 of the CSUEU Policy File, only certain topics may be the subject of a closed meeting. Topics which must be discussed in closed session are:

1. Litigation matters
2. Matters involving privileged relations such as attorney-client or doctor-patient
3. Personnel matters, including the employment, suspension or dismissal of a CSUEU employee

Matters which may be discussed in closed session are:

1. Discussion of bargaining strategy
2. Member grievance appeals and disciplinary actions
3. Representation appeals
4. Legislative matters

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CSUEU Bylaws and Policy File Language on Closed Sessions

The full language regarding closed sessions is below. This was taken from the Bylaws and Policy File downloaded from the CSUEU web site today. The CSUEU Bylaws document is labeled June 2009, and the CSUEU Policy File document is labeled November 14, 2009.

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CSUEU Policy File on Closed Sessions

401.01 Meetings

(a)Except as noted below, meetings or hearings at which official actions are taken, including but not limited to, meetings or hearings of the Board of Directors, Executive Officer Committee, committees, units, councils, and sub-groups thereof shall be open to all members of the Association.

(b)CSUEU shall publish an annual calendar of statewide meetings on its website, which shall be updated regularly.

(c)Bodies of the CSUEU may conduct business by telephone conference call, video conferencing, e-mail and fax, and may conduct meetings by conference call or video conferencing. Meetings via conference call or video conferencing shall meet the same standards of this Policy File.

(d)The Board of Directors, Bargaining Unit Councils, Presidents’ Caucus or CSUEU committees may utilize staff assigned by the Chief of Staff in order to implement their responsibilities. (BD 41/03/09)

(e)The CSUEU Bylaws, Policy File, and Robert’s Rules of Order, in that order, shall govern the conduct of the meetings. (BD 41/03/09)

401.02 Closed Session Mandatory

Bodies of the CSUEU must meet in closed session to consider the following:

(a) Litigation matters;

(b) Matters involving privileged relations such as attorney-client or doctor-patient; and

(c) Personnel matters, including the employment, suspension or dismissal of a CSUEU employee. (BD 34/04/08)

401.03 Closed Session Optional

Bodies of the CSUEU may meet in closed session to consider the following:

(a) Discussion of bargaining strategy;

(b) Member grievance appeals and disciplinary actions; (BD 34/04/08)

(c) Representation appeals; and

(d) Legislative matters.

401.04 Holding Closed Sessions

(a) Attendance at closed sessions shall be limited to: the elected or appointed member(s) of the appropriate CSUEU body holding the meeting; members of the Board of Directors; and staff and other individuals who have pertinent information and whose presence is determined to be necessary by the presiding officer, subject to disaffirmation by the body.

(b) Closed sessions, when held as a part of regular meetings, should be scheduled for an announced time certain. Announcement of the closed session and its purpose must be made to the members in attendance, if held during a regular meeting. All Board of Directors and Bargaining Unit Council closed sessions must be reported in the minutes of the next regular meeting, and shall include a list of actions taken.

(c) A meeting, except a Chapter’s Steward Council, shall conduct business in closed session or return to open session only by motion passed by a majority of the body. The body may not suspend this rule.

(d) A Chapter’s Steward Council shall always meet in closed session, and shall discuss only items listed in sections 401.02 and 401.03, above.

401.05 Reporting and Minutes of Closed Sessions

(a) All closed sessions must be reported in the minutes of the next regular meeting and shall include a list of actions taken.

(b) The minutes or record of closed sessions shall indicate when and for what purpose the closed sessions were held, and shall further state that no other matters were considered.

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CSUEU Policy File on Closed Sessions

Section 3.10. Open Meetings. Except as set forth in this Section 3.10, all meetings of the Executive Officers, the Board of Directors and all committees at which the business of the Corporation is acted upon shall be open to all members in good standing of the Corporation, and all meetings of each Chapter and of its officers and committees shall be open to all members of such Chapter. A meeting may not be closed except for reasons in accordance with established policies and procedures and subject to applicable laws.

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Links

• CSUEU Policy File
• CSUEU Bylaws
• CSUEU Library

Meeting Snapshot

The CSUEU Board of Directors has just voted down a motion to end tonight's closed 4-hour meeting on time at 10 p.m. The hotel has locked the restrooms near the conference room, forcing attendees to travel upstairs for facilities. Today's meetings began at 9 a.m., and tomorrow's Bargaining Unit Council meetings for Units 2 and 5 are scheduled to begin at 8 a.m.

Update: The meeting finally broke at about 11:40 p.m.

BUC 9 Meeting Saturday Evening

Bargaining Unit Council 9 (BUC 9) meets this Saturday, March 27, 5:30 – 7:30 p.m., at the Holiday Inn Capitol Plaza in Sacramento. The agenda is short, though some discussions may not be:

1. Chair's Report (Rich McGee)
2. Vice Chair's Report (Alisandra Brewer)
3. Staff Report (staff assigned)
4. Additional items as requested and as time permits

As usual, this is an open meeting, and chapter Unit 9 Representatives are particularly encouraged to attend.

The CSUEU Board of Directors meets in closed session Friday evening 6 - 10 p.m., and in open sessions Saturday 10 a.m. - 5 p.m., and Sunday 10 a.m. to 4 p.m.

Judge Orders Some Civil Service Furloughs to End

Alameda County Superior Court Judge Frank Roesch has lifted the stay on his previous decision ending furloughs in certain state agencies. Roesch found that the governor lacked the authority under the law to impose furloughs on agencies not funded by the state's general fund. The ruling affects 65,000 employees working in agencies such as the Department of Motor Vehicles, the Employment Development Department, and the lottery.

The ruling states:

It is clear to the Court that irreparable harm will occur to the members of Petitioner's organization. … The Court takes judicial notice, on its own motion, that a 15% loss of pay establishes irreparable harm to the employees represented by Petitioner SEIU.

It is likewise clear to the Court that irreparable harm will occur to California's taxpayers, including Petitioner Yvonne Walker. California taxpayers will suffer irreparable harm if the appeal operates as a stay because the taxpayers will continue to lose the benefit of these employees' work for the Respondent Agencies while still being required by this Court's judgment to pay wages for those days that the employees are improperly furloughed.

The governor's office has said they will appeal, and ask for another stay of the ruling.

Local 1000 represents state civil service employees, and like CSUEU is an affiliate of the California State Employees Association (CSEA).

Links

• Judge orders immediate end to furloughs for tens of thousands of state workers (Los Angeles Times)
• Judge to halt furloughs in many state agencies (San Francisco Chronicle)
• Summaries of the General Fund furlough lawsuits (Local 1000)
• List of Special Fund departments affected by the ruling (Local 1000)
• Judge Roesch's ruling [PDF] (Local 1000)

CalPERS Retirement Planning Fairs Begin March 30

CalPERS is offering a series of one-day retirement planning fairs, beginning March 30. The retirement fairs include workshops and information tables, and will be held in Los Angeles, Sacramento, Fresno, and Redding.

Visit www.calpers.ca.gov/retirementplanningfairs for more information.