On June 1st, CCPOA signed Tentative Agreements in negotiations relative to AB 109 layoffs for Wave 2. The table will remain open and negotiations will continue based on the process continuing to have issues that need to be resolved. A conference call on June 6th presented the basics of the Statewide Bid Process and subsequent layoffs that will occur in October. Agents will be able to bid in this first opportunity in Wave 2. Only agents and correctional officers in impacted counties can bid. The only counties/institutions where BU 6 members can bid into are those with permanent vacancies and PICO’s. The PAAC team members for this table Gilbert Gil, Brent Epstein, and I.
The letters for the Statewide Bid Process will go out June 12th and SROA letters will be mailed out beginning June 28th. The time frames for the statewide bid are very short; so get all the information you can before you make decisions. There will be Town Hall meetings throughout the state in the next two weeks to answer questions about this process. They will be at the Bakersfield Parole Office at 9 AM on June 15th; DAPO Region I HQ at 9 AM and 1 PM on June 18th; Oakland at 9 AM on June 19th at a location to be determined and San Jose at 1 PM on June 19th at a location to be determined; Region IV HQ at 9 AM on June 15th; Mid City Parole Complex at 9 AM and 11 AM on June 19th. If you are in an impacted county as noted on the Over Under Report dated May 31, 2012, you should plan to attend one of these meetings.
I met with management on June 8th to try to resolve some discrepancies on the Over Under Report for layoffs. There are errors on seniority listings relative to agent’s work locations, which I believe impacts the layoff process. Also, the parolee population does not support the layoffs as presented. The associated impact with this information is noteworthy as it could affect the cutoff lines. Management has not been willing to make any changes presented to date.
CCPOA/PAAC filed a statewide grievance relative to agents Acting Out of Class and not being compensated appropriately. We have waived time to allow a response since the number of impacted staff is significant. CCPOA continues to work with Labor Relations to find a resolution to this grievance. Information received throughout the state reveals that most agents in Acting Out of Class assignments were pulled from those positions. Our intent was not to stop the out of class process, but rather to ensure that management adhered to the MOU.
PART and other lateral transfers are frozen until the conclusion of Wave 2. Hardship Waivers are still being considered. Operational needs also will require some moves as some units are overstaffed and others understaffed. A signed agreement from the AB 109 layoffs in Wave 2 allow for involuntary moves to deal with these situations. Management should be working with CCPOA/PAAC when these moves occur.
Six-month discharges appear to have resulted in larger numbers of discharges than anticipated. This reduction in parolee population is what will drive the areas of impact. Robert Ambroselli stated at the last PAAC meeting that the layoffs are based on caseloads being at 53:1, whether or not those units have converted to 53:1.
The PA II Specialist to Supervisor conversion is continuing statewide. As of this date it seems that conversions continue to occur on a regular basis, however, there has been some delay in the finalized Notice of Personnel Actions (NOPA) being completed. As of this date, PA II Supervisor is not an impacted class, so promotions into that class have been permanent, full time. When the time comes that PA II Supervisors are impacted, then permanent appointments should stop.
There continues to be excessive training for agents throughout the regions. I receive emails and flyers describing “mandatory” training. Certain criteria are necessary for training to be mandatory and much of what I see does not meet that criteria. It is imperative that you keep track of all of your training every month, especially if your workload and/or vacation/sick leave, etc. prevent you from meeting your caseload specification. We anticipate filing a class action grievance this month relative to workload. We still have NOT negotiated the 53:1 caseloads.
Office closures are beginning. Region I has noticed CCPOA relative to an office closure that is the first one statewide. This negotiation should lay the foundation for what will occur as more offices close. We are also seeing units close and super units being created. Anything that is a change in working conditions requires CDCR/DAPO to notice CCPOA for negotiations. If this is occurring in your area, contact me immediately.
Tracks run after hours can be captured on the state computer system. If you are working off your work hours, be aware that investigations can reveal you are working off your work schedule. There could also then be a discrepancy between your ROR notations for running tracks and the actual time you did the work. We anticipate a notice to negotiate a change in workload for the GPS caseloads. It is important that we know what work can be accomplished within a work period and daily. If agents are working for free it makes it difficult to find the amount of work that can be done. Also, if you are taking calls outside of your work hours and they exceed 7 minutes, you need to be paid for that time.
Based on the Governor’s decision to cut state employees pay by 5% and go to 4-day workweeks, there will have to be negotiations beginning June 11th, to determine how we will accomplish our casework within these parameters. It is not known if we will get furlough or PLP days for this cut. It may be 8-hour reductions in the work period, which will reduce pay 5%. Times frames associated with Valdivia, Armstrong, etc. present problems with a 4-day week. This is a work speed up for agents and workload must be reduced proportionately with fewer hours in the month. We must show what we can actually do without working for free.
Light duty exists for agents with certain restrictions. Light duty for pregnant agents must be allowed. If you are having problems with these situations, contact your local PAAC representative immediately. CDCR is settling with a Correctional Officer that has cancer and was not provided with light duty. The settlement is $995,000 and also requires the state to create a “temporary disabled employment policy” that will protect sick and disabled employees in the future and will apply to CDCR statewide.
Parole cases CANNOT be assigned to a PA III. They also cannot remain on agents’ caseloads if they are no longer in a unit. Cases should be reassigned if an agent is going to be off caseload for over 30 days. If a supervisor knows an agent is going to be gone for over 30 days, the caseload should be reassigned immediately. Cases should not be assigned to individuals that cannot supervise parolees. If supervisors are assigning cases inappropriately to avoid paying overtime, please notify PAAC immediately.
EEO Investigations are increasing and have resulted in terminations. If EEO notifies you of an investigation, contact CCPOA/PAAC for a representative or attorney to represent you. These investigations have the same implications as Internal Affairs Investigations.
Management should be notifying CCPOA and meeting with us on supervisory issues relative to workload impact. Despite repeated requests to get a notice to meet and discuss supervisory issues, we have not received any reply. We may file excluded grievances soon on this.
California Government Code 31720.7 states that if a peace officer develops a methicillin-resistant Staphylococcus aureus skin infection, it is presumed to arise out of employment. There have been several recent reports of MRSA with parole agents. Therefore, it is important for staff that is diagnosed with MRSA file a Workers Compensation claim. This will document the diagnosis in the event staff is permanently incapacitated from the performance of duty, which could result in a service-connected disability retirement.
The next PAAC General Membership Meeting is scheduled for June 23, 2012 in Region IV at 9 AM.
Hilton Ontario Airport
700 North Haven Avenue
Ontario, CA 91764
CCPOA 36th Annual Conference is August 29th and 30th at the Peppermill Hotel & Casino, 2707 South Virginia Street, Reno, Nevada.