2010 Budget Getting Worse?

The Governor held a press conference today where he announced that the current California budget is now almost $20 billion in the red, a larger deficit than the one he dealt with during the 2009 budget. Translation: Next year's budget could be even worse than this year.

No one yet knows what this means for the CSU system. Chancellor Reed has asked the Governor to restore $845 million dollars to fully fund the CSU's mission, but no answer to that proposal has yet been received.

Meanwhile, the Governor also said today that he would seek to extend the furloughs of all state workers who are currently on a three furlough day per month schedule for additional . Again, no mention of extending furloughs for CSU employees has yet been mentioned.

The first preliminary budget projections for 2010 should be released sometime in mid-January.

No additional Furlough Cuts in December Paychecks

During this past week, I've received a large number of telephone calls from CSUEU member concerned about the amount of their December paychecks. They are worried that the state will reduce their take-home pay even more due to many campuses adding additional furlough days this month.

No, you don't have to worry.

The Chancellor's Office and the CSUEU both agreed to 24 furlough days over 11 months. It was originally supposed to be 2 furlough days per month for an entire year, but the time necessary to conduct member surveys on each campus, and then actually bargain over the furlough agreement itself took several weeks longer than anticipated.

As a result, the CSU needed some way for everyone to "make up" the additional two furlough days. That's why many campuses are using four furlough days this month.

But this won't change your take-home pay. When furloughs started in August, the pay for all CSUEU employees was reduced by 10.04% per month for 11 months It doesn't matter if you take two furlough days this month, or took four of them, the same 10.04% pay reduction still applies.

And, as of this moment, the Chancellor's Office has not indicated if furloughs would be extended for another year, starting with the next fiscal year in July, 2010.

Three weeks ago, at the Board of Trustees meeting, the Chancellor said furloughs would not be offered next year, but that could change at any time.

Two weeks ago, the Chancellor asked the Governor for an additional $845 million dollars to close the gap in CSU funding. The Governor's answer is expected to be announced in early January.

No Layoffs within CSUEU - Yet

As of today, December 14th, 2009, there have been no announced layoffs within any CSUEU-represented bargaining unit. The three campuses that had invoked layoffs have now rescinded them.

Please remain alert for any management talk of pending layoffs. If you hear of a manager discussing layoffs with their staff, notify your Chief Steward, immediately.

If your campus does formally announce staff layoffs, call HQ, then call your LRR and Chief Steward at once, so CSUEU can begin to invoke all of the contract provisions contained within Article 24.

Also, now would be a good time for every steward to read and review the contents of Article 24. Take the time to read and study Article 24 now, so you will be better able to answer employee questions if layoffs do become real. Article 24 is rather complex, and it takes time to fully understand all of the employee rights and employer responsibilities contained within it.

LSS Negotiations In Abeyance Until 2011

In case you haven't seen it:

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Update on LSS negotiations: implementation of the LSS series will be held in abeyance.

Despite  the CSUEU LSS bargaining team's best efforts, the CSU remains unwilling to recognize that Library Assistants and Lead Library Assistants moving into the new Library Services Specialist (LSS) classification series should be compensated for their enhanced technological skills, duties and responsibilities. CSUEU therefore proposed, and the CSU agreed, to place the implementation of the LSS series in abeyance until July 1, 2011, in mutual recognition of the current state budget situation.

CSUEU hopes that the budget situation will have improved by then, making it possible at that point to negotiate appropriate compensation  for LSSs.

The LSS bargaining team could not in good faith sign an agreement that offered no additional compensation for the additional technological skills, duties and responsibilities that are incorporated into the new classification. CSU has agreed that this classification involves additional technological skills, duties and responsibilities, but they have taken the position that there is simply no money at this time.

What does this mean? For the time being, all Library Assistants stay in Bargaining Unit 7, and all Lead Library Assistants stay in Bargaining Unit 4 (represented by APC). New employees will continue to be hired into one of the existing Library Assistant or Lead Library Assistant classifications.

The bargaining team encourages all Library Assistants to update your position descriptions and, if you believe that you are incorrectly classified, to seek reclassifications. If you are denied, we encourage you to file an appeal within ten days.  If you need assistance with the appeal, please contact your campus steward.

What will CSUEU be doing until July, 2011?

• CSUEU shall create a guide to assist Library Assistants who are seeking reclassifications
• We will monitor the progress of all CSU Library Assistants with regard to In Range Progressions, Reclassifications and Bonuses

Bargaining Team Members:

• Russell Kilday-Hicks, Vice President for Representation, CSUEU (San Francisco)
• Joan Kennedy, Library Assistant III, SLO
• Christine Thomas, Library Assistant IV, Pomona
• Joseph Corica, Library Assistant IV, East Bay
• Jennifer O'Neal-Watts, Library Assistant III, Sacramento
• Michael Brandt, Chair, BU 7 Council (San Luis Obispo)
• Rich McGee, Chair, BU 9 Council (San Bernardino)
• Alisandra Brewer, Vice-Chair, BU 9 Council (Sonoma)
• Teven Laxer, Chief Negotiator, CSUEU

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Links

• Library Services Specialists Bulletin — the bulletin above, on the CSUEU site
• LSS Bargaining Resumes Today (Unit 9 News)
• LSS Frequently Asked Questions
• Classification Bargaining 101
• Library Assistants Information — maintained by Joan Kennedy

J.J. Jelincic Wins CalPERS Runoff Election

The raw vote totals have been released for the CalPERS runoff election:

J.J. Jelincic - 109,088 votes

Kathy Hackett - 104,656 votes

The election results still must be certified, and this is not expected until early January.

JJ and Kathy were engaged in a runoff election since neither candidate received the majority of votes cast in the previous election.

JJ's website

LRR Job Posted

CSUEU is recruiting for a Labor Relations Representative (LRR) position. Here's the job posting from the Union Jobs Clearinghouse:

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CSUEU (SEIU Local 2579, headquartered in Sacramento, CA, has a vacancy for Labor Relations Representative. The CSUEU represents approximately 3,000 California State University Employees throughout the State of California. This position is responsible for representing CSUEU members and the CSUEU Affiliate in employer/employee relations and training university employees in labor relations functions. This position will likely handle cases for the CSU in Sacramento, Turlock and Vallejo, though chapter assignments are subject to change.

The minimum qualifications for this classification are:

Education:

For all persons employed in the classification of Labor Relations Representative prior to April 25, 1994, equivalent to graduation from the 12th grade.

For all employees hired in the class of Labor Relations Representative subsequent to April 25, 1994, either: (1) a certificate of successful completion of the University of California's Extension Program in Labor-Management Relations; or (2) a four (4) year college degree.

Experience: For those persons who do not have a four (4) year college degree, at least three (3) years of professional experience in employer/employee relations providing representation at a level equivalent to that required of a CSEA Labor Relations Representative.

For those persons who do possess a four (4) year college degree, at least one (1) year of professional experience in employer/employee relations providing representation at a level equivalent to that required of a CSEA Labor Relations Representative.

Other: Possession of a valid California driver's license and automobile.

Selection for this position will be based on the following criteria:

• Strong interpersonal skills
• Demonstrated ability to perform the duties of a LRR.
• Strong writing skills.
• Experience in arbitrations and other administrative hearings.

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We're not sure why the posting says we represent 3,000 employees. It's closer to 16,000.

Links

• Labor Relations Representative Posting for CSUEU (Union Jobs Clearinghouse)
• Job Posting for Temporary LRR Position - 2008 (Unit 9 News)

Master Plan Hearings

Yesterday the legislature's Joint Committee for Review of the Master Plan of Higher Education held its first hearing. Testimony centered on the damage done to California's higher education systems by the state's erratic budget process, and the risk to California's economic future if the problem isn't addressed.

CSUEU President Pat Gantt testified, as did CSU Chancellor Charles Reed, UC President Mark Yudof, and California Community College Chancellor Jack Scott. Gantt told legislators:

You can neither cut your way to profitability in the private sector nor slash your way to a balanced budget in the public sector. At some point, you must find new revenue streams to get into the black or to balance a state budget.

Gantt also urged the legislature to scrutinize CSU budget allocations such as the expansion of Management Personnel Plan (MPP) employees, stating:

In the last three years, the number of managers has grown to its highest levels ever, even as CSU leaders call for cutbacks on every other front. Transparency in both budget allocations and decisions is in the best interest for all General Fund agencies. Taxpayers have entrusted us with that charge, and the CSU must do everything possible to honor that trust.

The San Jose Mercury News wrote:

California's 50-year-old "Master Plan for Higher Education" is not broken — in fact, nations such as China and Singapore are trying to replicate it. But it is in peril because of inadequate funding, college administrators testified Monday morning in Sacramento.

The Los Angeles Times summed things up:

Of all the damage that has been done in recent years by Sacramento's habitual flight from fiscal responsibility — particularly during the disastrous Schwarzenegger years — none has been more injurious or perverse than the budgetary mistreatment of the state's universities and community colleges. Starved for adequate funds, what was once California's greatest guarantor of social mobility based on merit has become, in fact, a force for the growing inequality that threatens this state's future.

Links

• Testimony
  • Pat Gantt's remarks (CSUEU)
  • California's Master Plan: Today & Tomorrow (CSU)
  • Higher education master plan needs funding, not fixing (UC)
  • California Community Colleges Chancellor Jack Scott Urges Legislators to Retain State's Global Standing as a Model System for the Delivery of Public Higher Education (California Community Colleges) [PDF]
• Media coverage and commentary
  • Lawmakers urged to invest in higher ed (San Francisco Chronicle)
  • Calif. higher ed leaders call for more state funds (Associated Press via San Francisco Chronicle)
  • Top college administrators urge greater support for California's higher education plan (San Jose Mercury News)
  • Abandoning California's commitment to education (Los Angeles Times)

LSS Bargaining Resumes Today

CSUEU and CSU meet today to continue bargaining on the implementation of the Library Services Specialist (LSS) series.

In previous bargaining sessions, the CSU has consistently proposed putting these employees in a more technical, more demanding classification series without a higher pay scale. In other words: the CSU wants us to abandon the idea that pay should be related to a job's skills and responsibilities. This would betray not only the Library Assistants, but all employees we represent now or may represent in the future.

Higher pay for higher skills and more demanding work is fundamental to our pay scales — it's the reason, for example, that the salary schedule for the Expert-level Analyst/Programmer is higher than that of a Foundation-level Analyst/Programmer, and that both are higher than the salary schedule for, say, Accounting Clerks.

Abandoning this principle — that there's a connection between a job's duties and skills and the appropriate pay for that job — would make it difficult to argue in future that anyone should get higher pay because of the nature of their work. Separating duties and skills from compensation would also eliminate the usual reasons for bonuses and stipends, or an In-Range Progression (IRP) for higher skills or responsibilities. So far the CSU has not offered any reason that the LSS series should be a special case (not wanting to pay for the work employees do is not a justification — if it were, we'd all be working for minimum wage).

Strangely enough, the CSU managers pushing this have not volunteered to have their own pay scale reduced to that of a less demanding classification.

CalPERS Ballot: Call for Replacement If Yours Hasn't Arrived

Requesting a Replacement Ballot

If you haven't received your CalPERS runoff ballot, contact CalPERS now for a replacement. Call the Board Elections Office at (916) 795-3952 or (800) 794-2297.

Ballots were mailed November 9.

Make Sure Your Vote Is Counted

Ballots must be postmarked by December 4. Follow all voting instructions, including signing the reverse side of the envelope before mailing, to make sure your vote is counted.

In the previous vote, over 5,000 ballots went uncounted for reasons including late postmarks, missing signatures, and improperly marked ballot cards. Ballots will be counted on December 7 (so we don't actually recommend waiting until December 4 to mail yours).

CSUEU Endorses Jelincic

CSUEU endorses J.J. Jelincic for this seat on the CalPERS Board.

Jelincic is a Chartered Financial Analyst with an MBA in Finance and a BA in Economics. He's worked at CalPERS since 1986, working in the stock, fixed income, corporate governance and real estate units, and set up the futures unit. As a union activist, Jelincic has served as a steward, chief steward, chair of civil service Bargaining Unit 1, and CSEA President.

Jelincic pledges to:

• advocate for the members and dependents
• protect and expand secure retirements
• control health care costs through efficiencies, not cost shifting to members, and
• improve customer service.

Links

• CalPERS Member-At-Large Board Election Overview (CalPERS)
  • CalPERS Voting Instructions
  • Member-At-Large Board Election
• J.J. Jelincic for CalPERS

$20.7 Billion Deficit Projected for 2010-2011 Budget

The Legislative Analyst's Office (LAO) has released its report on the 2010-2011 state budget outlook, warning of continued state budget deficits:

Our forecast of California's General Fund revenues and expenditures shows that the state must address a General Fund budget problem of $20.7 billion between now and the time the Legislature enacts a 2010–11 state budget plan. The budget problem consists of a $6.3 billion projected deficit for 2009–10 and a $14.4 billion gap between projected revenues and spending in 2010–11. Addressing this large shortfall will require painful choices—on top of the difficult choices the Legislature made earlier this year.

The report states:

[T]he scale of the deficits is so vast that we know of no way that the Legislature, the Governor, and voters can avoid making additional, very difficult choices about state priorities. … In the coming years, major state spending programs will have to be significantly reduced. Policymakers will also need to add revenues to the mix.

The report includes forecasts for budget years through 2014-2015. The assumptions the LAO relied upon for its projections include no pay increases for state workers, increased spending on certain programs such as CalWorks and in-home support services, no increased funding for higher education, and a $2 billion increase in prison spending.

Links

• The 2010-11 Budget: California's Fiscal Outlook (Legislative Analyst's Office)
  • Video summary of LAO's Higher Education forecast
  • Summary of 2010-2011 Budget Outlook
  • California's Fiscal Outlook: The 2010-11 Budget [PDF]
• State budget drowning in red ink for next year (San Francisco Chronicle)
• California faces a projected deficit of $21 billion (Los Angeles Times)
• The Master Plan at 50: Assessing California's Vision for Higher Education (Legislative Analyst's Office)
  • Summary of The Master Plan at 50: Assessing California's Vision for Higher Education

Dolores Rodriguez Appointed to Unit 9 Council

Dolores Rodriguez (Chapter 309, Fresno) has been appointed at-large member of Bargaining Unit Council 9 (BUC 9). The vacancy arose after BUC at-large member Michael Reeder (Fullerton) resigned. When a vacancy occurs, the Chair appoints a replacement with the concurrence of the BUC.

Dolores is the Coordinator of the Extension Credit, Non-credit and Children's Programs in the Division of Continuing and Global Education at CSU Fresno. Dolores explains I help develop and coordinate non-credit programs (certificates, seminars, workshops, children's camps, on-line computer technology and training), academic credit courses (professional development for teachers, social workers, nurses, etc.), the Uni-Track program (offering academic credit courses to high school students), etc.

She's been at CSU Fresno about 11 years, and a union member and activist for most of that time. Like so many others, she joined the union because of what she witnessed and experienced on the job.

Links

• Bargaining Unit Council 9 (BUC 9)
• BUC 9 members
• BUC 9 Meets 8-9:30 on November 15 (Unit 9 Nws)
• BUC 9 Agenda for November Meeting (Unit 9 Nws)

Proposed CSUEU Policy File Changes

There are a number of proposed changes to the Policy File, which the Board of Directors (BOD) will vote on at this weekend's meeting. They include:

• Creation of a Unit 12 BUC. Unit 12 consists of Head Start employees at San Francisco State, now represented by CSUEU. (303.02 (a))
• Creation of a President's Caucus to be composed only of chapter presidents and the CSUEU president, meeting as part of every regularly scheduled Board of Directors meeting. The stated purpose is to network with each other on issues at the Chapter level. It's not clear why such communication would take place only 3 times per year at BOD meetings rather than throughout the year via email, or why only chapter presidents are thought to have information on ideas or programs that have been successful and/or those that have not. It's not clear why establishing a new and separate group in the Policy File is required to include an idea-sharing session in the BOD meeting. Chapter vice presidents, organizing chairs, bargaining unit representatives, etc., are not included, nor are the rest of the Board of Directors or other members of statewide committees. (305.00)
• A provision to have the relevant portion of the Chapter Bylaws template supersede any portion of existing chapter bylaws which conflict with Association or CSUEU Bylaws or Policy File. (306.06)
• Changing the CSUEU election cycle from 2 years to 3 years, to be consistent with CSEA's election cycle, beginning in 2012. General Council delegates are already elected on a 3-year cycle. No mention is made of what would happen to the currently-scheduled 2011 election. (601.03, 601.04)
• Removal of a reference to our affiliation with the California Faculty Association (CFA). CFA is no longer an affiliate of CSEA. (702.00)
• Adding evaluation of and recommendations on national and local candidates to the duties of the Legislative Committee. (1207.01)

The Policy File Committee is scheduled to meet Friday, November 13, from 9:30-11:30 a.m.

Links

• Board of Directors Meeting November 2009 (CSUEU)
• Proposed Policy File Changes
  Note: In these listings, 1/3/09 to 7/3/09 refers to change #/BOD mtg. #/year of BOD mtg.
  • 1/03/09 (PF) Division 2 Membership
  • 2/03/09 (PF) Division 3 CSUEU Purpose and Structure
  • 3/03/09 (PF) Division 4 Meetings
  • 4/03/09 (PF) Division 6 CSUEU Procedures; 601.00 Elections
  • 5/03/09 (PF) Division 6 CSUEU Procedures; 604.00 Recall
  • 6/03/09 (PF) Division 7 Relations with Other Organizations
  • 7/03/09 (PF) Division 12 Section Legislative Committee
• Policy File Committee
• Union travel tips
• Sacramento Area Information for union travellers
• BUC 9 Agenda for November Meeting (Unit 9 News)

CSUEU Board Votes Against Releasing Member Phone Numbers

The CSUEU Board of Directors met by teleconference call today, and by a large margin voted not to release members' phone numbers to be used in the CalPERS runoff election.

Instead, the union will email members directly to remind them of CSUEU's continued endorsement of J.J. Jelincic, and also put the information prominently on the CSUEU homepage.

Jelincic is a financial analyst with over 20 years experience at CalPERS and an MBA in Finance, and has served 2 terms as president of CSEA.

CalPERS runoff ballots are scheduled to be mailed today.

Links

• J.J. Jelincic for CalPERS Board
  • 2-page Campaign flyer with quotes from union leaders [PDF]
  • 1-page Campaign flyer in color [PDF]
  • 1-page Campaign flyer in black and white [PDF]
• CalPERS Board Member Election Overview (CalPERS)

Organizing Committee Meets Saturday Via Conference Call

The CSUEU Organizing Committee meets tomorrow, November 7, by conference call, from 2-3 p.m., to continue development of organizing around furloughs. The full agenda, with instructions for calling in, is available at the link below.

As a reminder, calling a toll-free number (such as an 800 or 866 number) exposes the number you call from, regardless of your Caller ID settings.

Links

• November 7 Organizing Committee Meeting Agenda [Word document]
• Organizing Committee meeting information for October and November (Inside CSUEU)
• CSUEU Organizing Committee — lots of good information available here

Health Center Staff Exempt From Furlough

Here's the report from Tuesday's bargaining at the Chancellor's Office, with a link to the signed agreement:

TO: CSUEU BOARD OF DIRECTORS AND STAFF

Bargaining Update: November 5, 2009

On November 4, the CSUEU bargaining team met with representatives of the CSU at the Office of the Chancellor to negotiate over exemptions to the furlough program and resolution of several outstanding grievances. We addressed a number of furlough issues and came to two agreements.

Health Centers and Other Furlough Exemptions

Responding to growing public safety concern with the threatened H1N1 pandemic, CSU will immediately exempt from furlough all CSUEU-represented employees assigned to health center units.

It may take some time and patience for the health centers work out their schedules, says CSUEU Bargaining Unit 2 Chair Tessy Reese, but this is the right thing to do to protect our students and our community.

This year's growing challenge with the H1N1 pandemic was unforeseen at the time of the furlough agreement.

In addition, campuses may grant temporary emergency exemptions from furlough to allow other CSUEU-represented employees to respond to an H1N1 outbreak or other unforeseen emergency events, such as earthquakes or fires.

Finally, the agreement between CSUEU and CSU codifies the exemption from furlough for those employees whose salaries are reimbursed in whole or in part by externally funded grants, contracts, or cooperative agreements.

Layoffs Lifted at San Diego State and CSU Los Angeles

The CSU has rescinded layoff notices at San Diego State and CSU Los Angeles as a result of discussions between CSUEU and the campuses, as well as CSUEU and the Office of the Chancellor. Had they been enacted, these layoffs would have impacted Bargaining Unit 5 employees as a result of bumping from Unit 6 layoffs. CSUEU is still working on potential layoffs at San Jose and CSU San Bernardino.

Finding alternatives to layoffs is a priority of our Union, says CSUEU President Pat Gantt.

Adds CSUEU Bargaining Unit 5 Chair Sharon Cunningham, It's devastating for employees and their families to lose their jobs and healthcare in these economic times.

CSU Clarified Intent of General Layoff Notice

On October 28, 2009, CSU representative Bill Candella sent a letter to all CSU unions stating that the CSU was considering layoffs and offering to meet and confer. The CSU has since clarified that the intent of that letter was to initiate discussions about such voluntary programs as time base reductions. Such programs could serve as options to reduce the need for layoffs in the next fiscal year. The Chancellors Office has reported that there are no imminent layoff plans, including no further reductions in Unit 6 that, if enacted, might result in limited layoffs in Unit 5.

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

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Link

• Health Center Furlough Exemption Agreement [Image PDF]

BUC 9 Meets 8-9:30 on November 15

At least 2 different schedules for the November Board of Directors meeting have been published, with different times for the Bargaining Unit Council 9 (BUC 9) meeting.

BUC 9 will meet from 8:00 a.m. to 9:30 a.m. on Sunday, November 15, 2009, at the Holiday Inn Capitol Plaza, 300 J Street, Sacramento. At this time we are scheduled to be in the River View Room on the 16th floor. Meeting rooms can change, however, so we recommend checking the room schedule once you reach the hotel.

As usual, this is an open meeting. CSUEU committee, BUC, and Board meetings are open to members by default, and can only be closed for the reasons provided for by the Bylaws and Policy File.

Links

• BUC 9 Agenda for November Meeting (Unit 9 News)
• Board of Directors Meeting November 2009 (CSUEU)
• Union travel tips
• Sacramento Area Information for union travellers

Reminder: Even "Disguised" Layoffs Require Notice to Headquarters

A reminder: All notices of layoffs must go to CSUEU headquarters in Sacramento. This includes changes to employee status as a result of bumping by an employee from another bargaining unit. A campus cannot notice a chapter, or negotiate directly with the chapter without the involvement of headquarters and the elected bargaining team.

Attempted End Run

At least one campus recently tried to pull a fast one by going directly to a chapter president and attempting to reach an arrangement on a layoff without calling it a layoff. Our contract does not permit this. Layoffs, even if a campus tries to call them something else (like demotions due to bumping), require notice to headquarters and cannot be negotiated directly with chapter officers or LRRs.

What To Do

If you become aware of anything like this happening on your campus, please notify at least your Bargaining Unit Chair, the statewide Vice President for Representation, and the CSUEU Chief of Staff, immediately. If a campus manager or even a misinformed chapter officer attempts to tell you it's confidential or a campus issue, that's a red flag that something questionable is going on — most likely, that the campus is trying to do something it shouldn't. You have not only the right but the obligation to alert the elected bargaining representatives and headquarters of anything like this. Please don't wait — delaying notification can make a situation much worse.

Links

• Contact Information for Vice President for Representation and Bargaining Unit Chairs and Vice Chairs (CSUEU)
• CSUEU Staff Contact Information (CSUEU)
• Article 24 — Layoff (CSUEU)
• A Layoff By Any Other Name (Unit 9 News)
• Report Any Mention of Programs to Avoid Layoff (Unit 9 News)
• Stewards: Be Ready for Questions (Unit 9 News)
• Know Your Rights #10: Layoffs (CSUEU) [PDF]

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Updated December 8, 2009: A version of this article was published in the November 25, 2009 CSUEU E-News. CSUEU activists are always invited and encouraged to reprint or adapt Unit 9 News articles for chapter newsletters, email alerts, web sites, or other union publications.

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CSU Sends Vague Notice of Maybe-Someday Potential Layoffs

In case anyone hasn't seen this: The CSU has sent notice to CSUEU that at some point … there may be a need to implement the layoff procedures outlined in Article 24 … due to lack of funds and/or work. The CSU states that no campuses, let alone individual CSUEU members, have been identified for layoff at this time. [emphasis ours]

An email from Phillip Coonley, CSUEU Chief of Staff, stated:

Besides the notices of bumping at San Diego, Los Angeles and San Jose, we have not been noticed on any other specific classifications. If/when we receive such a notice, it will be shared with the board.

Links

• Article 24 — Layoff (CSUEU)
• Letter from CSU regarding potential layoffs [Image PDF]
• Furloughs and Layoffs: the Numbers (Unit 9 News)

20 Managers Laid Off at Chancellor's Office

Yesterday the Chancellor's Office announced the layoff (or non-retention) of 20 managers at the Chancellor's Office. The move is part of a reorganization of the Chancellor's Office Information and Technology Services Division. The affected employees are in the Management Personnel Plan (MPP).

Links

• Chancellor's Office Memo: Layoff of 20 Managers [PDF]
• MPP Salaries at the Chancellor's Office — extracted from the most recent MPP salary data found in the CSUEU site's Library section as of this morning
  • Comparison of 2008-2009 Chancellor's Office MPP Salaries [Excel (.xls) format]
  • Comparison of 2008-2009 Chancellor's Office MPP Salaries [PDF]
• CSU Fired High-Level Whistleblowers Block and Verellen (Unit 9 News)

BUC 9 Agenda for November Meeting

Bargaining Unit Council (BUC) 9 will meet the morning of Sunday, November 15, 2009, in Sacramento, before the Board of Directors meeting resumes that day. When the time is nailed down, we'll publish it here.

The agenda will be:

1. Chair Report
2. Library Services Specialist (LSS) series update
3. Exempt, workload, and on-call issues
4. Outsourcing
5. Staff Report
6. Additional items as requested and as time permits

Board of Trustees Meets September 22-23

The CSU Board of Trustees meets Tuesday and Wednesday, September 22-23, 2009.

The Trustees begin in closed session to cover presidential evaluations and litigation. The litigation is the Donselman vs. CSU Board of Trustees case, in which students are suing the CSU for increasing fees, and billing students again, after students had already registered and paid for classes.

The Committee on Collective Bargaining meets in closed session for a status report, then kicks off the open committee meetings at (approximately) 11:15 a.m. on Tuesday.

2009-2010 Budget

From the 2009-2010 Budget report in the agenda:

[A]ctions by the Legislature and Governor resulted in a revised revenue shortfall of $564 million. In addition, the CSU faces mandatory costs for 2009-10 of approximately $40 million, resulting in a total budget gap of $604 million. The actions taken by the Board and Chancellor in July address this gap as follows:

• Furloughs $273 million (45 percent of gap)
• Additional increase in State University Fee $157 million ( 26 percent)
• Increase in nonresident tuition $11 million (2 percent)
• Campus-directed cuts $163 million (27 percent)

Notwithstanding the revision of the 2009-10 budget act, the condition of the State General Fund remains precarious. The reserve built into the State budget is extraordinarily small and could be wiped out by any number of events, including State expenditures to fight fires. The budget’s balance is also at risk on the basis of various assumptions that may prove to be unrealistic. Most importantly, State revenues could fall short of projections by billions of dollars due to the extreme sensitivity of the State’s tax structure to the course of the State’s economy.

Select Agenda Items

• Ratification of a collective bargaining agreement for Unit 6 with the State Employees’ Trades Council-United (SETC). SETC recently ratified this contract and voted to reject furloughs in favor of layoffs.
• Review of vice presidential compensation (See page 5 of the Committee on University and Faculty Personnel agenda for a table)
• Report on relocation expenses for Benjamin Quillian, appointed Executive Vice Chancellor and Chief Financial Officer in September 2008: $41,176.11 for relocation of household ($39,758 authorized) and $52,660.00 for home sale fees and expenses ($67,500 authorized).
• The legislative report lists 7 pages of bills. Here are some of the bills of interest to the CSU:
  • AB 1222: Removes the 2011 sunset date on the CSU and UC's ability to release (rent) alumni personal information, without consent, for affinity marketing campaigns
  • AB 24: Requires CSU to conduct a feasibility study on a CSU campus in Chula Vista (San Diego County)
  • AB 220: Would put a bond for a unspecified amount on the ballot, for Kindergarten-University public education. The CSU supports this bill.
  • AB 656 (Oil and Gas Severance Tax): The CSU has no official position on this bill, but says Of ultimate concern is the impact this measure could have on the state’s commitment to higher education including very weak language regarding supplementing versus supplanting our General Fund budget support.
  • AB 690: Would allow an ex-officio member of the Board of Trustees to send a designee to attend Trustee meetings in his/her absence. The CSU opposes this bill.
  • SB 218: Makes campus foundation/auxiliary entities subject to the public records act. This bill has passed both houses and is on its way to the governor. The CSU opposes this bill.
• Issuance of bonds of up to $60,985,000 for:
  • Arecreation center at CSU East Bay, $27,385,000
  • Purchase and renovation of apartments for CSULA, $6,850,000
  • Purchase of an apartment complex for a CSU San Diego auxiliary organization, $24,500,000
• Approval of the CSU Identity Theft Prevention Implementation Plan, required by the Fair and Accurate Credit Transactions Act of 2003 (FACTA). Potential Covered Accounts listed in the appendix include payroll, campus billing and accounts receivable, university corporate credit card, employee and staff health insurance planse, faculty rental and for sale housing (no mention of staff housing), and employee and staff loans. (See Agenda Item 1 for the Committee of the Whole, beginning on page 9 of the PDF)
• Litigation report from CSU General Council Christine Helwick. Some excerpts:
  • Block v. CSU, et al.
    Joel Block, a systemwide HR manager in the Chancellor's Office, was nonretained in January 2008 for performance reasons. He alleges that a pattern of adverse treatment, including a demotion, salary freeze and suspension, culminating in his non-retention, constituted discrimination and retaliation based upon his age, disability, efforts to redress grievances, and protests over the award of a no-bid contract to consultants. The case is in the pleading stage. CSU's motion to dismiss certain claims and defendants from the lawsuit is pending.
  • Verellen v. CSU, et al.
    Paul Verellen, a systemwide HR manager in the Chancellor's Office, was nonretained in March 2008 for performance reasons. In September 2007, immediately after learning informally of his supervisor's dissatisfaction with his performance, Verellen filed a whistleblower complaint that a labor relations consultant was improperly retained by the CSU. After he was formally advised a few days later that he would not receive a merit salary increase because of his performance, he filed a whistleblower retaliation complaint and a complaint of age discrimination. He filed a second retaliation complaint after he was nonretained. His retaliation and age discrimination complaints were investigated and rejected. Verellen then filed a petition for writ of mandate claiming the retaliation investigative outcomes are wrong and requesting reinstatement. The court denied Verellen's petition for writ of mandate, thereby precluding him from filing a lawsuit for damages under the California Whistleblower Protection Act. Verellen also filed a complaint for damages for whistleblower retaliation (under other statutes) and age discrimination. He is 58 years old. This separate damages action is stayed but will likely proceed now that the ruling in the writ proceeding has been entered.
  • Donselman v. CSU
    This is a purported class action filed by two students from San Francisco State University and CSU San Bernardino, challenging the July 2009 student university fee increase and the May 2009 Graduate Business Professional fee, both of which are to be imposed in the Fall 2009 term. Plaintiffs' application for a temporary restraining order and a preliminary injunction were denied. The case is in the pleading stage.
  • Mattiuzzi v. CSUS, et al.
    Cici Mattiuzzi is a career counselor in College of Engineering and Computer Science at CSU Sacramento. She alleges that she was unlawfully retaliated against for complaining about the activities of a faculty member who she says treated students and employees in a threatening and discriminatory manner. She also claims that this same faculty member assaulted her. The case is in the pleading stage.
  • Bale v. CSU
    Courtney Bale, a strength and conditioning coach at SDSU, complains that an unfavorable performance evaluation, being denied the opportunity to work with the football and basketball teams, and being given a computer with pornography are sex discrimination and retaliation for reporting that she was treated differently from a male strength and conditioning coach. The case is in the discovery stage. On August 24, 2009, CSU filed a motion for summary judgment. Trial is set for November 13, 2009.
  • Additional cases alleging sexual harassment, gender and age discrimination, and/or retaliation for whisteblowing. See Agenda Item 2 for the Committee of the Whole, beginning on page 28 of the PDF.
• Proposed changes to Title 5 regarding residency reclassification of students dependent on out-of-state parents (information item): CSU students have often been able to achieve California residency after their first year of enrollment in CSU, notwithstanding their financial dependence on nonresident parents or others. It is time to tighten up what has become this loophole.

About Trustees Meetings

For the most part, the discussion happens in the Committee meetings, and then the full Board meets in plenary session and approves whatever is before it. The Board seldom says no to the CSU.

The open sessions are open to anyone at all, and there is no sign-in or identification requirement. You can just sit in the audience and watch if you're interested.

The (as yet unapproved) minutes of the previous meetings are in the agendas for the current meetings.

Anyone can address the Board of Trustees, or write to them. To write, use the mailing address on the second page of the current meeting schedule.

Links

• CSU Board of Trustees Agendas
• CSU students sue - billed more after paying (San Francisco Chronicle)
• AB 1222
  • AB 1222 Summary
• Bill Would Ban CSU Exec Raises During Budget Cuts (Unit 9 News)
• CSU Fired High-Level Whistleblowers Block and Verellen (Unit 9 News)
• SB 218 Heads to Governor's Desk (Unit 9 News)
• News Roundup: Furloughs, Budget, Legislation (Unit 9 News)

Organizing Committee Agenda for September 19 Meeting

The CSUSU statewide Organizing Committee meets by teleconference this Saturday. Here's the agenda sent out by the Committee Chair, Vice President for Organizing Ronnie Grant:

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CSUEU Statewide Organizing Committee
Agenda

Saturday, September 19, 2009
1:45 p.m. to 3:00 p.m.

SPECIAL MEETING — via conference call

1. Call to Order     Ronnie L. Grant
2. Development of organizing around furloughs (continued)     Ronnie L. Grant

The meeting has two parts – a conference call, and an online meeting for a virtual whiteboard. All attendees must join the conference call; for staff, CSUEU Board members and Organizing Committee members, it is highly recommended to also join the online meeting to see the whiteboard.

To join the conference call:

1. Dial 1-800-704-9804 and enter your conference code.
2. For audience members, your conference code is 83431442. Committee members, staff and CSUEU Board members have a different code to identify them on the call; they should have received this private code by email.
3. Record your name when prompted.

While on the phone call

• Audience members may be muted and may need to press *1 to be recognized by the chair.
• Committee members, staff and CSUEU Board members are not muted by default and can press *6 to mute and unmute themselves. To be recognized by the chair, committee members will need to ensure they are not muted, and then speak up for recognition.

To join the online meeting:

To join the online meeting, go to:
https://sas.elluminate.com/m.jnlp?sid=1205&password=M.4D5CE8870DF202D12C9EE5E04FD2AE

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Additional Information

• This meeting is open to all CSUEU members.
• As a reminder, 800 numbers such as the one used for this call can capture and display the phone number you are calling from, regardless of your Caller ID settings. Blocking your Caller ID information will not protect your phone number on this call.
• Sadly, there is no indication they will be observing the holiday during the meeting.

Link

• CSUEU Organizing Committee

SCIF Furloughs End, Legislators Request Civil Service Furlough Reduction

SCIF Furloughs End

The State Compensation Insurance Fund (SCIF) has ended furloughs after a judge's written order echoed a previous finding that the furloughs were illegal. Both SCIF and SEIU Local 1000, which represents 6,260 SCIF employees, believe the finding entitles employees to back pay. The governor's office plans to appeal the ruling, and says back pay isn't addressed in the judge's decision.

Legislature Asks for Reduction in Civil Service Furloughs

Legislative leaders have asked Governor Schwarzenegger to cut civil service employees' furlough days from 3 per month to 2 per month, citing financial damage to the state resulting from the furloughs.

A Senate review found potential long-term costs resulting from the furloughs, Steinberg said. One example is in the state Department of Corrections and Rehabilitation, where workers have had their pay cut but are banking furlough hours for future use. Prison workers already have accumulated 1.6 million hours that they will have to take off someday, the review found.

Links

• Furloughs rejected for some state workers (San Francisco Chronicle)
• Legislature's leaders ask Schwarzenegger to trim state workers' furlough days (Los Angeles Times)
• State's workers pay for furloughs program (Los Angeles Times)
• Tentative Ruling: Some Civil Service Furloughs Illegal (Unit 9 News)

Turning Furlough Lemons Into Lemonade (or something stronger)

Not everyone minds furloughs. The headline at the Chico student paper?

Furloughs mean extra party day

Quote from the article:

I love having a five day weekend as much as anyone else, Gordon said. But for some reason, when I think of a long Labor Day weekend and a long Halloween weekend, I think the possibility of a couch being lit on fire in the middle of the street goes up substantially.

Campus police are prepared.

Bill Would Ban CSU Exec Raises During Budget Cuts

A bill to prohibit CSU and UC executive pay increases during bad budget years has been revived. From the San Francisco Chronicle:

If signed into law, SB86 by Sen. Leland Yee, D-San Francisco, would prevent CSU from raising executive pay and increasing perks such as housing or car allowances in years when the university gets less money from the state than the year before.

The executive officers covered include the chancellor, vice chancellors, executive vice chancellors, the general counsel, the Trustees' secretary, and campus presidents.

Links

• CSU, UC executive raises bill up for vote (San Francisco Chronicle)
• SB 86: Limit CSU and UC Executive Pay
  • SB 86 analysis
• UC, CSU Executive Pay Bill Resurrected, Approved by Assembly (press release from Senator Leland Yee's office)

Furlough Workshop at General Council

CSUEU held a Furlough Workshop during during last weekend's CSEA General Council. Attendees learned:

• Pat Gantt, Lois Kugelmass, and Phillip Coonley met with Bill Candella from the Chancellor's Office by phone on August 11.
• CSU requested an extension on the statewide grievance. CSUEU denied the extension request, stating, Because the violations are ongoing and preventing our members from choosing their days in compliance with the furlough implementation agreement, we are denying your request for an extension.
• CSUEU has decided to elevate the statewide grievance to arbitration. This is in abeyance until September 11, to give the CSU time to respond before arbitration.

See a Violation? File!

Remember, if you see or experience a violation of the furlough agreement: File. Don't wait for someone else to fix it, or assume it will be dealt with in the statewide grievance. File each and every time you see a violation of the Furlough Agreement.

Links

• Furlough Agreement (CSUEU) [PDF]
• Furlough Workshop Handout (September 5, 2009) [PDF]
• Better Handout Available for Exempt Employees During Furlough Weeks (Unit 9 News)
• Statewide Grievance on Campus Furlough Plans (Unit 9 News)

GC Roundup

General Council (GC) finished a day early this year, surprising delegates and planners. CSUEU delegates gathered Monday morning for a photo session, then dispersed to get a welcome jump on the long journey home in holiday traffic.

Delegate Decisions

Here are some of the actions GC delegates took in your name this year:

• Re-elected the serving CSEA officers:
  • Dave Hart, President
  • Donna Snodgrass, Vice President
  • David Okumura, Secretary-Treasurer
• Voted to remove certain member protections in CSEA bylaws:
  • Eliminate the requirement for secret ballots in division/affiliate officer elections, as well as a reasonable means of nominating persons for election, and reasonable opportunities for nominees to communicate with members and solicit votes, and a reasonable opportunity for all members to choose among the nominees. (B&P 5/09)
    [Editor's note: Motions to pass B&P 3, 4 and 5 were pushed through so quickly that votes were taken before delegates could get to the microphone to speak in support or opposition, or to ask questions.]
  • Eliminate the ability of members to grieve actions of affiliates to CSEA. (B&P 3/09)
  • Eliminate the requirement that chapters and DLCs have a procedure for the discipline and/or removal of its elected chapter/DLC representatives subject to appeal to the appropriate division/affiliate. (B&P 6/09)
    [Editor's note: A DLC is a District Labor Council — Local 1000's version of chapters.]
• Voted to change CSEA bylaws to:
  • Remove restrictions on CSEA's ability to go into debt over and above the funds that are currently in its treasury without a 2/3 vote of General Council. (B&P 14/09)
  • Remove the requirement that payments on CSEA's real estate debts be limited to 5% of CSEA's income for the preceding 12 months. (B&P 14/09)
  • Remove the provision that Acts of the Executive Committee in conflict with the provisions of these Bylaws are void. (B&P 4/09)
  • Eliminate the provision that Membership in a chapter/DLC or in an affiliate confers membership in the Association. (B&P 6/09)
  • Eliminate the provision that A chapter's/DLC bylaws may not conflict with these Bylaws or the enactments of the General Council and to the extent that any such provision is in conflict, it is void. (B&P 6/09)
  • Removed restrictions on the ability of chapters/DLCs to take positions implying the endorsement of CSEA on civil service and CSU, retirement, pay schedules, conditions of employment of state employees or of employees of other governmental agencies, or relating to ballot propositions. (B&P 16/09)
  • Removed the requirement that Other than for an approved Association activity or a purely social activity, no member or chapter/DLC shall solicit contributions in the name of the Association or of any chapter/DLC or in such a manner as to imply endorsement bythe Association or chapter/DLC unless first approved by the Board of Directors. (B&P 16/09)
  • Eliminate Regions. Regions were geographical areas around the state which served as a local connection between the affiliates. (B&P 7/09)
• Rejected a proposal to reduce the number of GC delegates from each chapter or DLC. CSEA delegates had previously approved holding General Council every 3 years, instead of every 2 years, which will cut costs by 1/3.
• Rejected a proposal to investigate an affiliation with AFSCME [American Federation of State, County and Municipal Employees] along with SEIU to form a stronger union.

Next GC in 2012

The next GC will meet in 2012. Current GC delegates remain delegates until new delegates are elected in 2012.

Links

• General Council 2009 (CSEA)
• CSEA Bylaws (currently the previous version, without the amendments voted in at the 2009 General Council)
• Twitter feed: GC Times
• Twitter feed: InsideCSUEU
• Twitter feed: Steve Sloan (GC photo links)

CSUEU Endorses Jelincic and Shimada for CalPERS

CSUEU has endorsed JJ Jelincic and Kurato Shimada for seats on the CalPERS Board of Administration.

From CSUEU E-News:

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CSUEU Announces CalPERS Board Endorsements

CSUEU has endorsed candidates for two at-large seats on the CalPERS Board of Administration: J.J. Jelincic for Seat A and Kurato Shimada for Seat B. CSUEU’s Board of Directors believes Jelincic and Shimada are the best qualified candidates to advocate on behalf of CSUEU-represented employees in CalPERS affairs.

Ballots will be mailed tomorrow and are due to CalPERS by October 2.

Jelincic, a CalPERS investment officer, has over 20 years of experience with the organization. Although he hasn’t held a CalPERS Board seat in the past, he’s known to CSUEU members as the two-term former president of the California State Employees Association.

Shimada, who is running for re-election, has served on the CalPERS board for 19 years. He has served as president of the California School Employees Association, which represents classified staff in public school districts, and was employed until retirement as Supervisor of Operations at the Oak Grove School District in San Jose. He chairs the CalPERS Benefits and Program Administration Committee, which makes recommendations to the CalPERS Board concerning retirement benefits and legislation.

The Board of Administration is comprised of 13 members. This year, the two at-large representatives’ seats are up for election. The successful candidates will hold their seats for four years and will join their colleagues in overseeing all business affairs of the world’s largest retirement system.

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Links

• J.J. Jelincic CalPERS campaign web site
  • Jelencic campaign poster
• CalPERS Board Election this Fall - Voting period begins September 4, 2009 (CalPERS press release)
• CSUEU Announces CalPERS Board Endorsements (CSUEU E-News)

California Union Membership Up

The San Francisco Chronicle reports that

California unions gained 131,206 new members from July 2008 to June 2009, and the proportion of California workers belonging to unions has also jumped, according to a study being released today by UCLA's Institute for Research on Labor and Employment.

Some extracts from the report (emphasis ours):

• [T]he more education workers had, the higher their unionization rate tended to be. Whereas decades ago the archetypal union member was a blue collar worker with limited education, today mid-level professionals are much more likely to be unionized than anyone else, especially in sectors like educational services and public administration. …[W]orkers in the educational services industry group alone made up over one-fourth of all unionized workers in the L.A. metropolitan area, the state of California, and the nation; similarly, public administration accounted for over one-eighth of union members in all three jurisdictions. Both these industry groups included relatively large numbers of college-educated workers, and … they had the highest unionization rates of all industry groups.
• Union members … got paid about 20 percent more than nonunion workers in 2008-2009. In addition, union members also were far more likely to have access to benefits like retirement plans, medical insurance coverage, and paid sick leave than their nonunion counterparts.
• [C]ontrary to the still conventional wisdom, men's unionization rate was not higher than that of women in either Los Angeles or in California. In California, the unionization rate for women was actually slightly higher than the unionization rate for men.
• Unionization rates were highest for workers over 55 years old. … They were extremely low among the youngest workers, those aged 16-24, a pattern that was consistent across the Los Angeles metropolitan area, the state of California, and the nation. This age variation reflects the fact that unionized jobs, on the average, provide workers with substantially higher wages than do nonunion jobs. … Higher wages are typically associated with lower employee turnover, which generates an older workforce over time. In addition, unionized jobs generally offer more job security than nonunion jobs, which further reduces turnover and similarly contributes to an increase in the average age of unionized workers.

Links

• Union membership climbs in California (San Francisco Chronicle)
• Report on Union Membership (UCLA Institute for Research on Labor and Employment)

Compensation LMC Report

Here's the report from headquarters on the Compensation Labor Management Committee (LMC), which met for the first time on August 18:

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In May, 2009, when CSUEU and CSU agreed to extend the 2007-2009 contract until June, 2011, the two parties agreed to establish a Labor Management Committee (LMC) on Long Term Compensation Strategy. This LMC held its first meeting on August 18, 2009, at the Office of the Chancellor in Long Beach. Representing CSUEU were the following LMC delegates:

• Pat Gantt, President
• Russell Kilday-Hicks, Vice President for Representation
• Lori Williams, BU 2, San Luis Obispo
• Mike Chavez, BU 5, Stanislaus
• April Webster, BU 7, San Diego
• Rocky Waters, BU 9, Humboldt
• Teven Laxer, CSUEU staff assigned

Representing CSU were:

• Sharyn Abernatha, Senior Manager, Employee and Labor Relations, Chancellor's Office
• Pam Chapin, Director, Compensation and Benefits, Chancellor's Office
• Karen Logue, Assistant Director, Human Resources, San Bernardino
• Sandra Bufalini, Manager, Employment and Compensation, Pomona
• Cathy Wilson, Manager, Classification and Three-Year Cycle, Fullerton
• Lynn Marks, Manager, Classifcation and Compensation, Northridge

Also in attendance were CSUEU alternates Nancy Kobata, Ronnie Grant, Lynn Barba, Rocky Sanchez, and Joseph Dobzynski, as well as CSUEU Senior Labor Relations Representative Lois Kugelmass. Alternate Kenneth Oden was unable to attend.

LMC members identified several issues that they wished to discuss, not yet prioritized and set to be discussed in future meetings:

• The overall structure of classification and compensation at the CSU
• CSU's compensation philosophy
• The movement of CSU employees through open salary ranges
• Tools used to compensate CSU employees
• Salary inversion
• Training for CSU classifiers
• The impact of PeopleSoft on CSU's support staff
• The reclassification process

Two co-chairs were selected: CSUEU's April Webster and CSU's Karen Logue.

The LMC scheduled the following dates for future meetings, all tentatively set to take place at the Office of the Chancellor, except the November meeting, which will probably be held at Cal Poly Pomona:

• September 30–October 1, 2009
• November 2–3, 2009
• January 12-13, 2010
• March 9-10, 2010
• May 3-4, 2010

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Links

• Compensation LMC Report #1
• Rocky Waters Named to Compensation LMC, Joseph Dobzynski Alternate

Report on Meeting About CSU Systemwide IT Policy

CSU is working on a systemwide Information Technology (IT) policy, and CSUEU has met twice with the CSU to discuss it.

Here's the report from headquarters of the August 25 meeting:

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On August 25, 2009, CSUEU met with CSU for the second time regarding the CSU's proposed IT security policy.

The CSU claimed that they received more than 1,000 comments on a draft policy that was issued in October, 2008. CSUEU met with the CSU about that draft in February, 2009. Many of CSUEU's suggestions were incorporated into a July, 2009, version that we reviewed during the August 25 meeting.

Representing CSUEU were Rich McGee (BU 9, San Bernardino), Alisandra Brewer (BU 9, Sonoma), Joseph Dobzynski (BU 9, Channel Islands), Matthew Black (BU 9, Long Beach), and Teven Laxer (CSUEU Senior Labor Relations Representative). Cheryl Washington (Interim Senior Director, Systemwide Information Security Management, Chancellor's Office), Sharyn Abernatha (Senior Manager, Employee and Labor Relations, Chancellor's Office) and Teresa Macklin (Information Security Officer, San Marcos) represented the CSU.

As a result of our meeting, the CSU agreed to make the following additional modifications to their proposed policy:

• The policy will acknowledge that the CSUEU assisted in the development of the IT security policy (the latest draft had only acknowledged the input of faculty)
• The policy will state that the CSU does not intend to monitor, restrict, or utilize the content of legitimate academic or organizational communications
• The policy will acknowledge that the assignment of risk should be given to the appropriate administrator, not to any individual IT employee
• There will be periodic review of risk assessments by appropriate administrators
• In September, the CSU will review and modify its draft policy with additional organizations and will be issuing another draft policy shortly thereafter. CSUEU will review that draft as soon as it is released.
• In addition to the discussion regarding the IT security policy, we reviewed and discussed a proposed Information Security Awareness Program which the CSU intends to provide to all employees who have access to sensitive information (Level I, Level II or protected data). The CSU agreed to the following modifications:
  • Salaries will not be considered protected information
  • There will be a discussion about the proper disposal of Level I data
  • The CSU agreed to remove language from one slide concerning specific applications (AIM, Yahoo Messenger) and web sites which gave the impression they would not be authorized
  • Security Awareness Training is neither a test nor a policy. It is only an assessment, and campuses are free either to use this training or to create their own

CSUEU will continue to keep you informed about these issues.

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Some explanatory notes:

• Level I data is also referred to as must-notify data — data which, if it is released/compromised, the person whose data it is must be notified. Accidental release of people's Social Security Numbers would be an example of a Level I incident.
• Security Awareness Training refers to an annual self-paced online training about information security, which the CSU has been testing. A number of CSUEU activists statewide were instructed, as part of their jobs, to test-drive this training.
• The Unit 9 activists working on this are all IT experts.

Link

• Systemwide IT Security Policy Update

GC Delegate Tips

Some tips for GC delegates arriving tomorrow or later tonight:

• If you're driving:
  • The hotel has 2 pullouts for unloading your luggage:
    • On Flower Street (entrance to lobby level)
    • On Figueroa Street (entrance to 2nd floor)
  • Hotel parking is valet only.
    • This means handing over your keys to the valet parking people.
    • If you prefer to keep posession of your keys, park in one of the nearby parking garages. There's a list in your GC materials.
  • If you're parking at the hotel, unloading at the Flower Street entrance is a little easier than the Figueroa Street entrance.
    • Remember to unload everything, since you'll have to deal with the valet service to get so much as a book out of your car.
    • After you unload, pull forward to the underground parking garage entrance marked valet only.
• A completely unscientific spot survey suggests the hotel rooms all have:
  • A refrigerator
  • A laptop safe in the nightstand

Smoke

Air quality is decent for downtown LA. There's no smoke smell so far, though there's enough in the atmosphere to turn the sun red when it's low in the sky. The weather forecast calls for clear and smoky conditions tonight, and sunny and smoky tomorrow. The Station fire is at 147,418 acres as of the last report, and InciWeb shows an estimated containment date of September 15.

Links

• Los Angeles Area Information for GC Travelers
  • Los Angeles Area Information Page Available for GC Travelers (Unit 9 News)
• GC Delegates: InsideCSUEU Twitter Feed Keeps You Updated (Unit 9 News)
• CSEA 2009 General Council

GC Delegates: InsideCSUEU Twitter Feed Keeps You Updated

The InsideCSUEU Twitter feed will carry updates for CSUEU GC delegates throughout General Council. Already published:

The CSUEU office at GC is in the San Bernardino Room, 1st floor. The direct phone # to GC onsite CSUEU staff is 213-417-4272.

To receive these messages on your cell phone, send a text message from your phone to 40404 with the text: follow insidecsueu

Ronnie Grant, CSUEU Vice President for Organizing, publishes the InsideCSUEU Twitter feed and the InsideCSUEU blog.

Links

• InsideCSUEU Twitter feed
• CSUEU Twitter Feeds (Unit 9 News)

Los Angeles Area Information for GC Delegates

We have a Los Angeles Area Information page up for people attending General Council (GC) this weekend. The page includes weather, transportation information, a custom map for GC delegates, and local attractions for those bringing their families. GC delegates can't expect to have time for exploring, but there's plenty for your family to do.

Smoke from Wildfires

Smoke from the Station fire north of Los Angeles has been affecting air quality in the region, though changing weather may improve the situation for downtown Los Angeles (where the GC hotel is). The fire is large (127,513 acres at last report), about 15 miles from our hotel, and will continue burning through GC.

If you're a GC delegate who would be seriously affected by the smoke, monitor the situation and be sure to bring any medications which may help.

Links

• Los Angeles Area Information page
• 2009 General Council (CSEA)
  • General Council Business Program (schedule)
• Fire and Smoke Information
  • Air Quality Map
  • Los Angeles County Fire Department
  • CalFire Current Incidents
  • Station Fire on InciWeb
  • GeoMAC fire information
  • UpdateLA — City of Los Angeles
  • Wildfire Today
  • Local Media
    • Los Angeles Times
    • NBC Los Angeles (Channel 4)
      • Wildfire coverage from NBC Los Angeles
      • KNBC television live online
    • KTLA Channel 5, Los Angeles
    • CBS KCAL 9, Los Angeles

Tentative Ruling: Some Civil Service Furloughs Illegal

A Superior Court judge has tentatively ruled the furloughs of state Compensation Insurance Fund employees illegal, finding that Insurance Code section 11873(c) exempts State Compensation Insurance Fund employees from the furlough.

Local 1000 represents the 6,260 affected employees, and filed this lawsuit. The parties will be in court tomorrow for another hearing.

Links

• Judge exempts 6,000 workers from furloughs (San Francisco Chronicle)
• Tentative ruling against governor on some furloughs (Los Angeles Times)
• Judge issues tentative ruling backing SEIU in furlough lawsuit (Sacramento Bee)
• Case information (San Francisco Superior Court)

CSEA Board of Directors Meets Thursday, September 3

The California State Employees Association (CSEA) Board of Directors meets Thursday, September 3, at the Westin Bonaventure Hotel (a.k.a. the General Council hotel) in Los Angeles. The agenda is available online. Here's a partial extract of the agenda:

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• Call to order on September 3, 2009, at 1:00 p.m. by President Dave Hart
• Roll Call - Secretary-Treasurer David Okumura
• Pledge of Allegiance - Vice President Donna Snodgrass
• Communications - Secretary-Treasurer David Okumura
• Report of Executive Session - Secretary-Treasurer David Okumura
• Reading and Approval of Second 2009 Board of Directors Minutes - Secretary-Treasurer David Okumura
• Report of Agenda Committee - Secretary-Treasurer David Okumura
• Report of President
• Report of Vice President
• Report of Secretary-Treasurer
• Staff Reports (If needed)

TIMES CERTAIN

Wednesday - September 2, 2009

2:00 p.m. - 5:00 p.m. Board Workshop (closed) - Beaudry B Room, Lobby Level
6:00 p.m. - 7:00 p.m. President's Reception (all welcome) - Huntington Suite, Floor 31

Thursday - September 3, 2009

9:00 a.m. - 11 :00 a.m. Board of Directors Executive Session (closed session) - Catalina Ballroom, Level 3
12:30 p.m. - 1:00 p.m. Board of Directors Agenda Committee (open session) - Catalina Ballroom, Level 3
1:00 p.m. - 3:00 p.m. Board of Directors Meeting (open session) - Catalina Ballroom, Level 3

BENEFITS ITEMS

• BEN 1/09/3 (Donna Snodgrass) Group Term Life Insurance Plan - Anthem Life Insurance Company - Annual Review
• BEN 2/09/3 (Donna Snodgrass) Group Ordinary Life Insurance Plan - Anthem Life Insurance Company - Annual Review
• BEN 3/09/3 (Donna Snodgrass) Accidental Death and Dismemberment Insurance Plan - New York Life Insurance CompanyAnnual Review
• BEN 4/09/3 (Donna Snodgrass) Disability Income Insurance Plans - (Short Term and Long Term) - New York Life Insurance Company - Annual Review
• BEN 5/09/3 (Donna Snodgrass) Cancer Insurance Plans - Monumental Life Insurance Company - Annual Review
• BEN 6/09/3 (Donna Snodgrass) Family Life Insurance Plan - American United Life Insurance Company - Annual Review
• BEN 7/09/3 (Donna Snodgrass) Legal Plan - Legal Club of America - Annual Review
• BEN 8/09/3 (Donna Snodgrass) Auto and Homeowners Insurance Plan - Unitrin Direct preferred insurance - Annual Review
• BEN 9/09/3 (Donna Snodgrass) Emergency Assistance Plus Plan (EA+) - OnCall International- Annual Review
• BEN 10/09/3 (Donna Snodgrass) 24PetWatch Pet Insurance Plan - Pethealth Incorporated - Annual Review
• BEN 11/09/3 (Donna Snodgrass) Comprehensive Accidental Plan (CAP) - Hartford Life and Accident Insurance Company - Annual Review
• BEN 12/09/3 (Donna Snodgrass) CalPERS Candidate Nights
• BEN 13/09/3 (Donna Snodgrass) Increase Availability of CalPERS Proxy Votes

BYLAWS, POLICIES & PROCEDURES ITEMS

• B&P 46/09/3 (Snodgrass) Definition of Membership
• B&P 47/09/3 (Snodgrass) Resolutions Received by Electronic Means
• B&P 48/09/3 Request to Reinstitute CalPERS Ombudsman

FISCAL ITEMS

• FIS 8/09/3 (David Okumura) Adoption of 2008 CSEA Audit Report and Report to the Finance

INFORMATION ITEMS

• A [Incomplete] - Disposition of Board Assignments
• A-1 [Complete] - Disposition of Board Assignments
• B - CSUEU Policy File
• C - Corrections to the Report of the 64th General Council
• D - Status of 2007 General Council Resolutions
• E - Corrections to Part I: Bylaws 11/07

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CSUEU is part of CSEA, one of 4 affiliates. We have 3 seats on the CSEA Board of Directors (CSEA Bylaws Article IV, Section 1, part a), filled by CSUEU's President, Vice President for Organizing, and Vice President for Finance (CSUEU Bylaws Section 5.1).

Links

• CSEA Board of Directors Agenda for September 3, 2009
• CSEA Board of Directors Agenda for September 3, 2009 [PDF]
• CSEA Bylaws (Note: This document does not behave the same in all PDF readers — for example, you may see only one page. If you have trouble reading this document in your usual PDF reader, try it in Adobe Reader.) [PDF]

Watch GC Guide Video

If you're a General Council (GC) delegate, we recommend you watch the informational video Come to Order: A Guide to GC Procedures before you head to Los Angeles. The video is about 11 ½ minutes long. Look for it on the main GC page.

Committee meetings, hearings, and workshops begin Thursday, September 3.

Links

• 2009 General Council (CSEA)
• General Council Business Program (schedule)

Better Exempt Handout for Furlough Weeks

Claudia Garcia, President of Chapter 312 (Northridge), has created a better version of the handout/flier for exempt employees during furlough weeks. Claudia's formatting retains all the information while making it much easier to read and greatly improving the appearance.

This is a 1-page version of the Need-to-Know Info for Exempt Employees During Furlough Weeks article published here on August 2, without the reprinted contract and furlough agreement language, links, and other things that make no sense in a paper handout. There is no chapter or campus information, so this is suitable for use by anyone.

Links

• Improved Exempt Employees Become Non-Exempt During Furlough Weeks — handout of tips for exempt employees during furlough weeks [PDF]
• Need-to-Know Info for Exempt Employees During Furlough Weeks (Unit 9 News)
• Working Unauthorized Extra Time Undermines You, Coworkers, Union (Unit 9 News)
• Furlough Agreement [PDF]
• Furlough Know Your Rights flier [PDF]

Legislature Gave Raises to Own Staff While Civil Service Employees on Furlough

Oh, for pity's sake:

At least 87 California Assembly staff members received raises totaling more than $430,000 on an annualized basis, even as the state faced a growing budget deficit that led to furloughs and pay cuts for many other government workers and steep reductions in core services.

[…]

At the same time the Legislature was awarding pay increases, some 200,000 state government employees had been furloughed two days a month, equivalent to a 9 percent pay cut. That has since been increased to three days, or a nearly 15 percent pay cut.

KTVU reports the Legislature resisted disclosing how it spent taxpayer dollars, having made itself accountable not under the California Public Records Act, but only the far more restrictive Legislative Open Records Act. Aides said some raises were extra compensation for employees who were working more hours.

Thanks to Alisandra Brewer for the link.

Link

• AP Investigation: Calif. Lawmakers Boost Staff Pay — Employees Get Raises During State's Financial Crisis (Associated Press via KTVU, Channel 2)

Agenda for Saturday Board of Directors Meeting

The CSUEU Board of Directors is meeting tomorrow, August 8, in Sacramento for the Board of Directors Orientation required by the policy file. Here are the agenda items:

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CSUEU Board of Directors Retreat

August 8, 2009
10 a.m. to 5 p.m.

1. Roll call       Ronnie Grant
2. Board Orientation       Nancy Yamada
3. Procedures for Travel Expenses and Union Leave       Kelly Tapia & Dayna Ramos
4. Meeting Dates for 2009 & 2010       Pat Gantt & Loretta Sevaaetasi
5. Strategic Planning Workshop       Eric Douglas

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Policy File Extract

Here's the CSUEU Policy File extract on the Board of Directors orientation:

DIVISION 13: TRAINING AND ORIENTATION (BD 41/04/08)

1300.00 BOARD OF DIRECTORS ORIENTATION (BD 41/04/08)

At the first Board of Directors meeting after the election of a new Board of Directors, the President shall convene an orientation meeting of all Board of Directors members, to review the following: (BD 41/04/08)

(a)   Duties and Fiduciary responsibilities of Board of Directors; (BD 41/04/08)

(b)   Procedures for travel expenses and union leave; (BD 41/04/08)

(c)   Status of programs within the CSUEU; and (BD 41/04/08)

(d)   A calendar of meetings. (BD 41/04/08)

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Links

• Agenda for August 8, 2009 Board of Directors meeting [Word format]
• CSUEU Policy File adopted June 2009 (CSUEU) [Word file]

Reminders About Scheduling and Using Vacation

We're seeing a number of questions regarding vacation time, including concern about going over the cap (the maximum vacation time you can accrue) because of difficulty scheduling vacations around furloughs. Fear not: You cannot lose vacation time this way, unless you fail to put in all the necessary vacation requests.

Here are some paraphrased reminders of how vacation time works under our contract, with the actual contract language given below:

• Vacation requests for up to 5 days with less than 30 days notice will be approved, subject to operational need. (14.9)
• Operational need is not a magic phrase like abracadabra, much as some managers would like it to be. The need must be genuine. Talk to a steward if you need to.
• Vacation requests go to your appropriate administrator. (14.9)
• Generally, vacation requests are submitted in writing at least 30 days in advance. Your manager can waive this requirement. (14.9)
• Your manager must respond to vacation requests in writing as soon as possible. (14.9)
• Once vacation requests are approved in writing, they cannot be rescinded except by mutual agreement or in case of emergency. (14.9)
• Maximum accrual of vacation time, or caps (14.7)
  • If you have up to 10 years service, you can accrue up to 272 hours of vacation time.
  • If you have more than 10 years of service, you can accrue up to 384 hours of vacation time.
  • If you will be over this amount at the end of the calendar year, you need to use it up before then, with some exceptions (see 14.7 and 14.10).
• If you have use it or lose it vacation time (time you must use by the end of the year to avoid going over the maximum):
  • It is your responsibility to put in the necessary vacation request(s).
  • If you'll go over the maximum because your manager denied your vacation request(s) for vacation in the last quarter of the year, the process in section 14.10 kicks in.
    Short version:
    • You put in another request to use your excess time.
    • If your manager denies your request, you try to reach an agreement on alternative dates
    • If you can't reach an agreement, you get to pick 3 alternative periods before June 30 of the next year, and your manager has to approve one of them.
  • You can lose the vacation time you earned, if you don't put in all the necessary vacation requests.
  • If you follow the process in the contract, you cannot lose vacation time.
• You must use your Personal Holiday by the end of the year, or you lose the time. (14.24)
• Always track your leave time yourself, and compare each month to the information with your paycheck. The handy-dandy CSUEU Leave Tracking Form (a PDF file) is helpful for this.
• You can cash out unused vacation time when you leave the CSU. (14.11)

The Contract Language

We recommend you read all of Article 14 (Vacations and Holidays), but here are some key provisions:

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Vacation Accrual

14.2   Service requirements below are in terms of full-time service. Service requirements shall be pro rata for employees who work less than full-time.

Vacation Credit Per Monthly Pay Period

Service Requirements	Days	Hours (Hourly Equivalent of Days)	Days (Annual Accrual Equivalent)
1 Month to 3 Years	5/6	6-2/3	10
37 Months to 6 Years	1-1/4	10	15
73 Months to 10 Years	1-5/12	11-1/3	17
121 Months to 15 Years	1-7/12	12-2/3	19
181 Months to 20 Years	1-3/4	14	21
241 Months to 25 Years	1-11/12	15-1/3	23
301 Months and Over	2	16	24

14.7   Vacation credits are cumulative to a maximum of two hundred and seventy-two (272) working hours for ten (10) or less years of qualifying service or three hundred and eighty-four (384) working hours for more than ten (10) years of such service. Accumulation in excess of this amount as of January 1 of each year shall be forfeited by the employee. An employee shall be permitted to carry over more than allowable credits when the employee was prevented from taking enough vacation to reduce the credits because the employee (1) was required to work as a result of fire, flood, or other extreme emergency; (2) was assigned work of priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; or (4) was prevented from using vacation previously scheduled to be taken in December because of being on paid sick leave.

Vacation Requests

14.9   Requests for scheduling vacation shall be submitted in writing to the appropriate administrator at least thirty (30) days in advance. When authorized to do so by the appropriate administrator, an employee may take vacation without submitting such a request. If an employee submits a vacation request for five (5) days or less with less than thirty (30) days notice, such request will be approved subject to operational needs. The appropriate administrator shall respond in writing to an employee's vacation request as soon as possible. The appropriate administrator shall respond in writing to vacation requests of five (5) or more days as soon as possible, but no later than within thirty (30) days of the employee's request. Once approved in writing, vacations shall not be rescinded without the mutual consent of the employee and the appropriate administrator, except in cases of emergency as determined by the appropriate administrator.

Based upon the operational needs of the campus, vacation schedules shall be determined by the appropriate administrator. Vacations shall be scheduled and taken only as authorized by the appropriate administrator. If a conflict in vacation requests arises, the appropriate administrator shall give consideration to the employee(s) with the most seniority, provided that operational needs are met.

14.10   Whenever an employee's accrued vacation amount will exceed or has exceeded the maximum accrual by the end of the calendar year as a result of the denial of one or more requests by the employee to schedule and use vacation in the last quarter of the calendar year, the following procedure shall apply:

1. The employee shall submit a vacation request for the use of the excess vacation and the appropriate administrator shall respond to the request within ten (10) working days.
2. In the event that the request has not been granted within the ten (10) day period, the employee and the appropriate administrator shall attempt to reach mutual agreement on alternative dates on which to use the excess vacation.
3. If the employee and the appropriate administrator are unable to reach agreement, the employee may suggest three (3) alternative, non-overlapping periods of vacation time to be completed no later than June 30 of the new calendar year to utilize the excess vacation. The appropriate administrator shall agree to one of the three (3) scheduling options submitted by the employee.
4. If the employee fails to submit the three (3) scheduling options for use of the excess vacation, the appropriate administrator will direct the use of vacation on days to be determined by the appropriate administrator.

Lump Sum Payment

14.11   Upon separation from service, an employee is entitled to a lump sum payment as of the time of separation for any unused or accumulated vacation. Such sum shall be computed by projecting the accumulated time on a calendar basis so that the lump sum will equal the amount which the employee would have been paid had he/she taken the time off, but not separated from service.

Personal Holiday

14.24   An employee is entitled to one (1) Personal Holiday which must be taken on one (1) day during the calendar year. If the employee fails to take the Personal Holiday before the end of the year, the holiday shall be forfeited. The scheduling of the holiday shall be by mutual agreement of the employee and the appropriate administrator.

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Links

• Contract Article 14: Vacations and Holidays (CSUEU)
• Full Contract (CSUEU)
• Leave Tracking Sheet (CSUEU) [PDF]