| PERB Determines Existence of Impasse in CAPS Rank-and-File Bargaining. On September 26, 2023, the Public Employees Relations Board (PERB) formally determined that CAPS (specifically the Rank-and-File) and the State of California are at an impasse in their negotiations to reach a successor Memorandum of Understanding (MOU). What’s Next? CAPS intends to utilize this step in the rank-and-file bargaining process: the additional, legal, commonly-used tool of impasse; to break the logjam in rank-and-file negotiations in good faith. CAPS and the State will be selecting a mediator provided by the State Conciliatory Mediation Services (SMCS) and begin scheduling sessions. While the determination of impasse does break the Evergreen Clause that holds the expired Rank-and-File 2018-2020 MOU active, at this time, CAPS has not called for any formal job actions. What does this have to do with me, an “Excluded Employee?” Nothing, truthfully. As an “excluded employee,” you are excluded from the Ralph C. Dills Act, which lends the Rank-and-File the right to bargain, the right to agree to an MOU, and ultimately, to declare impasse, as they have done, currently. Instead, your rights are defined under the “Excluded Employee Bill of Rights,” (Government Code Sections 3525 – 3539.5). As this law does not require that agreements made be reduced to writing, you do not have an MOU to come to impasse over. What can I do to support the Rank-and-File Efforts? The best thing you can do to support your staff is continue to perform business as-usual, and perhaps grant leave requests, as allowable, to permit staff to participate in scheduled union activities. The Dills Act and Excluded Employee Bill of Rights prohibit excluded employees (supervisors and managers) from participating in certain activities that pertain only to rank-and-file employees. CAPS advises CAPS supervisors and managers to refrain from discussing any aspect of bargaining with their subordinates. Most departments also have policies prohibiting this activity. CAPS recommends following your departmental policy. Violating state law or department policy could subject you to disciplinary action by your employer. CAPS may not be able to assist members who disregard CAPS’s advice and knowingly violate departmental policies. |
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Supervisors Updates
By Scott Bauer, CAPS Supervisor Director