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April #2-2005

THE EXCLUDED AND EXEMPT COMPENSATION ADVISORY COMMISSION LEGISLATION

PECG is co-sponsoring legislation, AB 1186 by Assemblymember Jerome Horton, to implement the recommendations made by the Excluded Employee Task Force. Their recommendation is to create an Excluded and Exempt Compensation Advisory Commission that will make recommendations to the Governor and Legislature regarding adjustments to salary and benefits for supervisors and managers.

AB 1186 passed its first legislative committee, the Assembly Public Employees Retirement and Social Security Committee, on a 4 to 2 vote. Subsequently, the bill was heard by the Assembly Appropriations Committee. Because there was a price tag of $205,000 for Commission staffing and travel estimated by the Department of Personnel Administration (DPA), the Appropriations Committee placed AB 1186, along with dozens of other bills that require funding, in the suspense file. The bill will most likely remain in the suspense file until mid-May when all bills requiring appropriations will be heard by the Appropriations Committee.

Many thanks to all of the supervisory and managerial PECG members for their assistance in writing letters and emails (over 1,000 were sent) to the Appropriations Committee requesting their support of AB 1186. PECG members will be notified in advance of the next Appropriations Committee hearing on AB 1186 and will be requested to again write letters, emails, etc. urging that the Committee pass this legislation.

 

PAY PARITY INCREASES FOR SUPERVISORS AND MANAGERS

The top priority for the PECG Supervisory Meet & Confer Team is pay parity for supervisors and managers. Beginning in July 2005, according to PECG’s proposal, pay increases would be provided to begin closing the significant salary gap between state supervisors and managers and their counterparts in local agencies. This gap would be made up starting in July 2005 with employees being provided one-fourth of the lag for four years based on annual updates of the DPA salary survey.

PECG SPONSORS AB 742

PECG is sponsoring AB 742 by Assemblyman Dave Jones, co-authored by Assemblyman Ross Bogh. This bill would provide that all state employees will be paid their full salary on time, in the event the State Budget is not passed by July 1. In 2003, the State Supreme Court decided in White v. Davis, an action brought by the Howard Jarvis Taxpayers Association, that state employees are only entitled to the federal minimum wage if the State enters a new fiscal year on July 1 without a budget. Although the employees would be paid in full retroactively once a budget is passed, the ruling raises the possibility that state employees would have to live on drastically reduced income for several weeks or months.

AB 742 would continuously appropriate an amount necessary for the payment of salary and benefits for represented and excluded employees in the event the State Budget is not approved by July 1.

 

FURLOUGHS AND HOLIDAY REDUCTION LEGISLATION OPPOSED

PECG is opposing two legislative bills, SB 265 (Campbell) and SB 1063 (Ashburn). SB 265 would reduce the number of holidays observed by state employees from fourteen to twelve. The bill would require the Governor and the head of each State Agency, Board, or Commission to designate the twelve state holidays to be observed by employees. This bill is currently being held under submission in the Senate Public Employment and Retirement Committee.

SB 1063 would allow that during any fiscal year in which a fiscal emergency is determined by the Department of Finance to exist, the Governor, by Executive Order, may direct that employees of any State Agency be placed on furlough, defined as unpaid leave of absence, for up to forty hours during the remainder of that fiscal year. Employees who the Governor deems necessary based on public safety, level of care, revenue production, or other operational considerations would be exempt from the furloughs. This will next be heard in the Senate Public Employment and Retirement Committee.

All PECG supervisory and managerial members will be receiving an email requesting that you use PECG’s new CapWiz system that allows emails and letters to be faxed directly to legislative members in opposition to these bills.

NEW SUPERVISORY MEET AND CONFER TEAM MEMBER

PECG is pleased to announce that Refugio Dominguez has been selected as a member of the PECG Supervisory Meet & Confer Team. As a long-time Vice President, Supervisory for the Los Angeles Section, Refugio has demonstrated his dedication to representing supervisory and managerial members of PECG.

IF YOU'RE NOT CURRENTLY A PECG MEMBER, NOW IS THE TIME TO JOIN

Supervisory and managerial employees working for the State are often incorrectly referred to as "non-represented." This term is incorrect and can mislead engineering and related supervisors and managers into believing that they should not join PECG or drop their membership when they are promoted to a supervisory or managerial position.

Supervisors, through the Excluded Employee Bill of Rights in Government Code Section 3531, are guaranteed the right to form, join, and participate in activities of employee organizations of their own choosing for the purposes of representation on all matters of supervisory employer-employee relations. Further, Section 3530 provides the employer organizations with the right to represent supervisory employee members and employment relations including grievances.

Additional protection for supervisory employees is provided in Section 3538, which prohibits the state employer with interfering with, intimidating, restraining, coercing, or discriminating against supervisory employee because of the exercise of their rights under the law.

Managerial employees also have the right to be represented. The only restriction is that they cannot hold office in an employee organization. Supervisory and managerial employees also have civil service rights, which frequently require safeguarding, and representation. PECG actively represents supervisors and managers in many arenas.

· Individual representation on grievances, adverse actions, claims, appeals, classification matters, and discrimination complaints is available to all PECG members.

· Co-sponsoring AB 1186 which will establish an Excluded and Exempt Employee Compensation Advisory Commission to determine salary and benefit levels for supervisory and managerial employees.

· Opposing many legislative bills that would have an adverse impact on supervisors and managers. Such as SB 265 that would reduce holidays and SB 1063 that would allow supervisors and managers to be furloughed.

· In addition, PECG’s Supervisory Meet & Confer Team negotiates with the State on behalf of supervisors and managers each year for salary and benefits and other issues.

You are encouraged to join PECG if you are not already a member. Please complete and place in an envelope the online membership application here.