Sunday, November 16, 2014

BUC 9 Report: November 15, 2014 Meeting

Unit 9 Chair Rich McGee delivers his report on yesterday evening's Bargaining Unit Council 9 (BUC 9) meeting to the CSUEU Board of Directors today. Here's a copy.

Bargaining Unit Council (BUC) 9
November 15, 2014

BUC 9 met Saturday, November 15, 2014, in Redondo Beach during the CSUEU Board of Directors meeting.

The BUC 9 and approximately 21 guests were in attendance.
BUC 9 members:

  • Rich McGee — Chair, BUC 9 (San Bernardino)
  • Susan Smith — Vice Chair, BUC 9 (Fullerton)
  • Ken Jones — BUC 9 at-large (Fresno)
  • Matthew Kay — BUC 9 at-large (Sacramento)
  • Gus Leonard — BUC 9 at-large (Monterey Bay)
  • Ricardo Uc — BUC 9 at-large (San Luis Obispo)
  • Christina Valero — BUC 9 at-large (San Francisco)
  • Rocky Waters — BUC 9 at-large (Humboldt)

Agenda Items were:

1. CENIC and Infrastructure as a Service

All CSU campuses are connected to the Internet over a CalRen (California Research and Education Network) connection managed by CENIC (Corporation for Education Network Initiatives in California, CENIC now offers cloud-based data services called Infrastructure-as-a-Service (IaaS) cloud services. No bid is necessary to use these services — campuses can order what they want. (Press release at:

2. Video Surveillance

Video surveillance is subject to the Meet and Confer process (see item 3 for Meet and Confer updates.) A warning about "rogue" cameras: staff are not allowed to video their own work areas without permission.

3. Meet and Confer Update

Video Surveillance is a hot topic button for meet/confers.

  • Video should not be a time clock, or used to discipline employees.
  • We are using the Northridge agreement as a model of a good approach: no discipline, only monitoring for evidence of criminal activity.
  • At Northridge, only the Chief of Police can view camera video, and no private office cameras are permitted.
  • No audio recording of conversations is allowed without clear notice posted. Notice is not required for video cameras.

An information request should include:

  • All campus video cameras and their locations
  • Example screenshots of the view of each camera
  • The capabilities of that camera (i.e. fixed mount, or pan/tilt/zoom)
  • Where the head end (feed point to control/view the video) is located
  • Who has the rights to view live or recorded video
  • How a manager requests permission to review video searching for a particular event

4. Outsourcing — Has CSUEU Been Notified?

Contracts for outsourcing of more than 180 days duration require notice to CSUEU headquarters (not individual chapters).

Campuses frequently have no idea what bargaining unit employees are capable of – they haven't tracked or updated our skills and/or training files, employee position descriptions are out of date, etc. Campuses then claim no one at the campuses can do that work and contract out work unnecessarily at excessive cost. Example: Quarter to semester conversions costs are at least $2 million per campus, as current staff "is not qualified", even though we've been doing this work since 1996.

If you get wind of bargaining unit work being outsourced, let the Unit 9 Chair know so we can check on it.

5. Important Changes in the New Contract
  • 3% pay increase, retroactive to July 1, 2014
  • Benefits aren't being touched.
  • CSUEU does not negotiate our health care plans. Many people do not know this, and therefore blame us, believing we have somehow increased their health care costs.
  • Parking fees can increase no more than $1 per month, each year.
  • Aunt and uncle are now included for sick and bereavement leave (5 days), and there is no requirement in contract to ask for a death certificate.
  • A "me too" clause has been included for the very first time. So if, hypothetically, the faculty were to negotiate a 5% pay increase in their contract for next year, we would automatically receive the same increase.
  • No reopeners for the next 3 years, from either side.
  • Intermittent workers are now limited to 1000 hours per year. After that, they must be terminated, or moved to a timebase.
    • 1000 hours = a half time position for PERS calculations.
    • 130 hours per month over the past 12 months = ACA (Affordable Care Act, a.k.a. "Obamacare") eligible. This applies to all employees, including student assistants.
    • ACA coverage will also extend to employees and their family members.
6. Unit 9 Classification Update

CSU's head of Classification and Compensation resigned, so the update of classification language is in limbo. We will work with Rose and the Classification Committee to restart and revamp outdated Unit 9 classifications.

An example of classification abuse from ZZYZX:
ZZYZX is a study center in the Mojave desert operated cooperatively by several campuses. Our involvement started with a request to contract out custodial work, where it turned out that the cost for the contract exceeded the cost of a custodian. While checking out conditions at ZZYZX, we found other issues.

We were told that all employees on site were exempt. One was an exempt ITC (Information Technology Consultant) II from Fullerton, one was a trades person (Unit 6), and one was an ISA (Instructional Support Assistant) III. The scope of all their duties is far beyond their CQS, but one case was particularly egregious.

ISA III is a non-exempt classification. This ISA's job description stated he must be available 24 hours a day. He had been there 7 ½ years, working an average of 30 hours a week unpaid overtime during that time. The unpaid wages represent about a half million dollars in back pay owed to this individual. This grievance is proceeding.

7. Remote Campuses and Learning Centers

Remote campuses are treated the same as the primary campus. ISA's and techs are frequently abused at these locations, but, with 21 days, the campus can reassign any employee to work at either the primary or satellite campus. The contract allows this, but a humanitarian appeal to your campus president will often correct this.

8. Performing Arts Technicians and Excessive Work Hours

Performing Arts Technicians often work 18 to 20 hours per day, for several days before a show or event. Please make sure they understand overtime and CTO (Compensatory Time Off) rules, as well as claiming their meal allowance if they work 10 or more hours per day.

9. Campus Closures and the Law
  • In general, a campus cannot forbid you from coming in to work if the campus closes.
  • Your campus must offer you CTO to cover the work in advance, or allow you to work that day if you wish.
  • Forcing you to use vacation time is a lockout.
  • You can request a voluntary dock.
  • They can ask you to use your CTO time.
  • If you report to work, they can assign you to a manager in a different department, but you should still be performing skills and duties relevant to your classification.
10. New Mandatory On-Line Training Requirements

Title IX, "Yes means Yes" and IT Security are all being rolled out as two hour mandatory on-line training courses. Staff must complete them when directed to do so.

11. Upcoming Chapter Elections

If you are a Bargaining Unit Council at-large member, and you are not re-elected as chapter BUR (Bargaining Unit Representative), or if you do not run for office in your upcoming chapter election, you lose your seat on the statewide Bargaining Unit Council at the conclusion of your chapter elections. Chairs and Vice Chairs will continue on the BUC until the state-wide elections next year.

Additional Topic: We had a short discussion about 6 hour meeting vs. 2 hour meetings for the BUC. Chapters can fund attendees for either type meetings, and we encourage them to do so.

Meeting adjourned at 8 pm.

Respectfully submitted,
Rich McGee
Chair, Bargaining Unit Council 9


Monday, June 30, 2014

BUC 9 Report for June 2014 Meeting

Chair Rich McGee gave his report on the June 2014 meeting of Bargaining Unit Council 9 (BUC 9) to the CSUEU Board of Directors (BOD) at this past weekend's BOD meeting.

Bargaining Unit Council 9 (BUC 9) Report
June 2014

The Bargaining Unit 9 Council met on Saturday, June 7, 2014 in Sacramento.

In attendance were:

  • Rich McGee – Chair, BUC 9
  • Susan Smith – Vice Chair, BUC 9
  • Rocky Waters – BUC 9 at-large (Humboldt)
  • Ricardo Uc – BUC 9 at-large (San Luis Obispo)
  • Christina Valero – BUC 9 at-large (San Francisco)
  • Ken Jones – BUC 9 at-large (Fresno)
  • Matthew Kay – BUC 9 at-large (Sacramento)
  • Excused: Gus Leonard – BUC 9 at-large (Monterey Bay)


  • Alisandra Brewer – Vice President for Representation
  • Brian Lee – Executive Director (Staff)
  • Pat Gantt – President
  • JJ Jelincic – Senior Labor Relations Representative (Staff)
  • Rose Greeff – Vice President and Chief Steward, Chapter 306 (East Bay)
  • Jeff Nadel – Chapter 306 (San Luis Obispo)

Rich McGee, Chair, thanked Matthew Black (Long Beach) for his years of service to the Unit 9 Council. Matthew is stepping away in order to arrange for his upcoming wedding, and we all wish him the best of luck and many years filled with happiness and joy. Rich also thanked Ricardo Uc for stepping up and participating in several bargaining sessions when needed.

There was a short discussion of the Supreme Court's upcoming Harris v. Quinn case, and the potential negative effects on labor. Although no decision had yet been announced, one is expected by the end of June.

Bargaining Update 1

Alisandra Brewer, Vice President for Representation, addressed several topics:

  • We expect to address compensation in our upcoming bargaining sessions.
  • The next few weeks of bargaining dates and locations have already been scheduled, and members are encouraged to attend if possible. If your chapter has any 5.11(d) time remaining, it expires at the end of the month, so attending bargaining may be a good use of that time.
  • We have been in full contract bargaining this year, and it appears unlikely the contract will be ratified by the end of June, when the current contract expires. We haven't seen key proposals yet from the CSU. The CSU's Chief Negotiator, John Swarbrick, has indicated he would be willing to sign an extension. Scheduling in July has been slightly more difficult than in previous months due to pre-planned commitments.
  • Many people think we should be given the same raises that the people within the UC system received. But the UC system is funded differently, with only 10-15% of their budget coming from state general funds, while the CSU gets half of our funding from general funds. UC employees also have lower benefits, while we have fewer activists willing to perform work actions such as work to rule.
Bargaining Update 2

Susan Smith, BUC 9 Vice Chair, expanded on Alisandra's bargaining update:

  • The team is working on a number of articles, but the CSU appears to have been waiting for budget to be signed before addressing compensation. As of today, no TA's (tentative agreements) have yet been reached on any article.
  • The CSU has discussed a possible multi-year plan to get employees to market rate, but we haven't seen any details yet.
  • The CSU bargaining team has cancelled two full bargaining sessions, and some additional bargaining days, with the explanation that they they double booked themselves. We currently have additional bargaining scheduled for July.
Vacancy on Unit 9 Council

Matthew Black resigned last month from the Unit 9 Council. With the unanimous concurrence of the BUC, Matthew Kay (Sacramento) will be joining the BUC as an at-large member. Welcome to the council, Matt!

Identity Finder Implementation Update

There has been nothing but silence, statewide, regarding the rollout of the CSU's $400,000 purchase of Identity Finder. Other than Sacramento and Long Beach, who have been using it for years (and report they are happy with it), we haven't heard of any other campus who has deployed it. Please let the Chair and Vice Chair know if you hear of any implementation plans for your campus.

Chancellor's Office Emergency Dashboard Outsourcing

CSUEU and CSU met and conferred over contracting out for a dashboard development emergency project. It turned out there was no emergency, but the CSU claimed they had no one in their building who could perform that work. Most CSU campuses already have programmers who do this work, so there was no need to expend additional funds on an outside contract.

Erosion of Bargaining Units by Confidential Employees

Confidential employees are a separate class of employees who, under the law, are supposed to play a meaningful role in determining labor policy for the employer. These employees are not part of any bargaining unit, so they are unrepresented.

Managers sometimes confuse handling confidential data – a common task for many bargaining unit employees – with a position needing to be classified as confidential. This leads to employees who are actually doing bargaining unit work being incorrectly classified as confidential and wrongly excluded from the bargaining unit and representation. Fullerton, for example, has tripled the number of confidential employees at their campus in just the past three months.

CSUEU is seeking a list of confidential employees. In the meantime, if you know of specific cases on your campus of employees incorrectly classified as confidential, please let the Chair and Vice Chair know.

Managers Performing Staff Work

Per our contract, managers are allowed to perform only minimal staff work. Yet many of us see, on a daily basis, administrators doing out our work, such as writing speeches for the campus president, creating new queries in PeopleSoft, etc. When this happens, it's important that we file the appropriate grievances.

Quarter to Semester Project Overview

Six campuses are converting from a quarter calendar to a semester calendar. A quick overview:

  • $2.5 million per each of the 6 campuses
  • 100% of the consultant costs will be paid by Chancellor's Office
  • 75% of backfill and overtime costs paid by Chancellor's Office
  • Bakersfield and CSU LA are starting now
  • Our next Meet and Confer on this project will be July 17 for Information Technology questions. Joseph Dobzynski from Channel Islands will attend to lend his subject matter expertise.
Group Discussion of Additional Items

Jeff Nadel asked that everyone please give feedback to Ricardo Uc regarding IT reorganization plans. If your campus has gone through a reorganization, or is considering one, please let Ricardo know so he can track it.

Christina Valero reports that Jerri McIntyre, treasured Labor Relations Representative, is retiring by the end of the month. Thanks for everything, Jerri, and happy retirement!

The meeting was adjourned at 5:10 pm.

Respectfully submitted,
Rich McGee, Chair


Supreme Court Finds Partial Public Employees Needn't Pay Fees to Unions

The Supreme Court has issued its opinion in the Harris v. Quinn case, finding that the partial public employees in question can't be required to pay agency fees to unions. The Court did not overturn decades-old precedent to eliminate agency fees for public employees in general.

The decision was of concern because of the potential risks of a broader negative ruling about paying agency fees to public employee unions.

This particular case was about in-home personal assistants who are paid by the state of Illinois to provide services to Medicaid recipients who would otherwise require institutional care. The employees are represented by SEIU Healthcare Illinois & Indiana (SEIU–HII), which negotiates a state contract for these employees. The employees had been required to pay agency fees to SEIU–HII. Agency fees (sometimes called fair share fees) are meant to cover the cost of representing employees who are not union members, such as in contract negotiations and grievances.

We will update the links below throughout the day.


Tuesday, May 20, 2014

Watch Your Chapter President Address the Board of Trustees

The open portion of today's CSU Board of Trustees meeting should be starting soon, and you can watch or listen to it live online. First up is the Collective Bargaining Committee, and a slew of chapter presidents are scheduled to address them. ("Slew" is the technical term.) Want to see/hear your chapter president address the Board? Here you go:
CSU Board of Trustees live

On the right side are alternate links in case that particular stream isn't working for you.

Wednesday, January 22, 2014

Chancellor White to Discuss California's Higher Ed Master Plan at 1 p.m.

Starting at 1 p.m. today, CSU Chancellor Timothy P. White will be joining UC President Janet Napolitano and California Community Colleges Chancellor Brice W. Harris at a UC Regents meeting, to discuss California's Master Plan for Higher Education. The meeting will be streamed live, if you have or wish to install the required plugin.