Wednesday, July 7, 2010

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.


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

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

Friday, July 2, 2010

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:

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.

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.


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.


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.