2011 CAPS Tentative Agreement
Questions & Answers
May 2011
What Is The Ratification Process?
What Happens If Members Reject The MOU in The
Ratification Vote?
Does This Agreement Increase Salaries?
Is The Retirement Formula for Current Employees and Future Hires Affected?
Does This Agreement Increase Scientists’
Retirement Contribution?
Does This Tentative Agreement Protect Against
Further Pay and Benefit Cuts?
Do Mandatory Three Day Per Month Furloughs End?
Does the Agreement End the Furlough Lawsuit Set
for Hearing on April 8 in Alameda County?
Does This Agreement Affect the Holiday Lawsuit
that CAPS won in Superior Court?
Why Settle Now and Not Negotiate Further?
What other issues affect this agreement?
Can I Accelerate Serving My Personal Leave Days?
Do I Lose Any Banked Personal Leave Time 2011 If
I Don’t Use It?
What
Is The Ratification Process?
In order for the agreement to be effective for the April pay period, both the State Legislature and the CAPS membership need to ratify it. The CAPS membership ratified the MOU overwhelmingly in ballots counted on April 6. Over 89% voted FOR ratification! Now it is up to the legislature. The CAPS MOU is in Senate Bill 151 (Correa, D-Santa Ana), along with the tentative agreements from five other state employee unions. Both the state Senate and Assembly need to approve the MOU on a 2/3 vote, followed by a signature by Governor Brown. That process began on April 11, with approval by the Senate Public Employment and Retirement Committee. Ratification is expected by Mid May.
What Happens If Members Reject The MOU in The Ratification Vote?
A strong majority of the members voted YES on
the contract, so it was ratified by CAPS. If
the legislature fails to ratifiy, terms
are not effective, and CAPS continues to seek an agreement at the bargaining
table. However,
given the fiscal and political situation, it is unlikely terms will get better
from the Brown Administration. Nevertheless, rejection of this contract means that current terms for pay and benefits
continue. There
would also be no increase in the employee contribution toward retirement. The
Legislature could act unilaterally to impose pay and benefit changes on state
scientists, should the Brown Administration ask it to do so.
Does This Agreement Increase Salaries?
Yes, but not until July 2013. The
top step of all Unit 10 classifications will increase effective July 2013. CAPS
fought hard for bigger and sooner salary increases, but the state refused.
Does The Temporary Personal Leave Pay Reduction Affect Retirement Calculations?
No. The PLP program reduces salary by 4.62
percent, but doesn't change your salary when calculating retirement. PLP
balances can be carried on the books until an employee’s separation from state
service.
Is The Retirement Formula for Current Employees and Future Hires Affected?
No. Current law remains unchanged: 2% at 55 for
employees hired before January 15, 2011, and 2% at 60 for those hired on or
after January 15, 2011.
Does This Agreement Increase Scientists’ Retirement Contribution?
Yes. The
agreement is consistent with other bargaining units. Starting
the month after full and final contract ratification, the retirement
contribution for scientists in the “miscellaneous” category will increase from
5% to 8% of salary. The
contribution for the few scientists in the “safety” category will increase from
6% to 9% of salary.
Does This Tentative Agreement Protect Against Further Pay and Benefit
Cuts?
Yes. It protects against payment of minimum
wage in the event of an untimely state budget. It
reduces mandatory unpaid days off from three to one per month for the next 12
months, and ensures that unpaid days off are limited to ONE per month during
this period. It
adds an additional layer of protection to the retirement and health benefits for
current employees. This agreement won’t stop those calling for more cuts to
state employees’ retirement benefits (or to increase the amount you pay for
benefits). It
will help protect against such threats by locking in benefits and establishing
the formula for employer contributions through June 2013.
Do Mandatory
Three Day Per Month Furloughs End?
Yes. Unpaid
furloughs end with the March pay period. That
program is replaced in April 2011 with the “Personal Leave Program 2011”. This
consists of 12 days of unpaid leave, one day per month for 12 months (equal to
4.62 % of salary per month), unless the employee chooses to hasten the
scheduling of the 12 days. See
below for those details.
Does the Agreement End the Furlough Lawsuit Set for Hearing on April 8
in Alameda County?
No. CAPS will continue to its challenge to Governor Schwarzenegger’s mandatory furloughs and any remedies that may come with it.
Can I participate
in an optional unpaid furlough program after the PLP program expires?
Yes! Refer to the CAPS tentative agreements on the CAPS web
page for specific direction:
When the MOU is ratified, all state scientists in Unit 10 will serve
one PLP day starting April 2011 and ending March 2012. You can
accelerate these days starting in July by doing up to three days per
month for three months, ending September 2011 for a total of 12 PLP
days. This time can be carried on the books until you separate
from state government, at your option. See Section 3X3a:
If you want to be on extended voluntary unpaid personal leave, for
whatever reason, the authority for that is also in the MOU, under
Voluntary Personal Leave Program. You can take up to three days of
unpaid leave per month subject to some minor limitations:
All this must be requested and approved within your department. This may be new to them, so don't be surprised if they don't "get it" right away. Any questions should first be directed by them to the Department of Personnel Administration, where our instructions should be confirmed. If there is any lingering problem, contact your nearest CAPS office for assistance.
Does This Agreement Affect the Holiday Lawsuit that CAPS won in Superior
Court?
No. CAPS
will continue to pursue this case and seek full reimbursement for what was
illegally taken by the Schwarzenegger Administration. Governor Schwarzenegger
attempted to abolish the Columbus Day and Lincoln’s birthday holidays with the
approval of the state legislature. CAPS successfully sued to overturn that
decision, at least as it is applied to Unit 10 scientists. That case is pending
before the California Third District Court of Appeal, and CAPS expects the case
to be decided later this year. That
case will determine what is owed, if anything, for the four state holidays state
scientists have worked but not been compensated for under the terms of the last
contract. For the future, this
MOU resolves the issue by awarding two Professional Development Days annually to
compensate for the loss of these two holidays.
Why Settle Now and
Not Negotiate Further?
Because this is the best offer the Brown
Administration is willing to make now and for the foreseeable future.
All other bargaining units without a contract
have reached agreement, and it is risky and unwise to be the only, bargaining
unit to have no contract protections.
What Other Issues
Affect This Agreement?
Several. The
most significant is the looming budget deal that potentially includes a tax
extension measure that must be approved by voters. Passage
of that measure will help prevent further cuts to state programs and employee
compensation and benefits. Should
the measure fail, Governor Brown has pledged to make additional cuts to the
state budget in the order of $12 billion. Such
cuts would prove cataclysmic to state programs and the state employees who
deliver essential services. Another significant challenge facing CAPS is the
assault on retirement and health benefits, and collective bargaining rights. Having
a labor contract in place will help CAPS focus on these and other challenges.
Finally, having a contract in place adds one more layer of protection in the
event a ballot initiative targets benefits for current state employees, as the
Little Hoover Commission has suggested.
The governor could attempt
to impose additional furlough days after the
PLP 2011 ends, but only
if the Legislature agrees to let him. We
fought bitterly for language that absolutely forbids any
additional mandatory unpaid furloughs during the term of this agreement.
Unfortunately, agreements reached in other bargaining units prevented such a bar
in our contract. State
scientists have paid a heavy price with unpaid days off, increased workload and
the rising cost of living. There
are other ways to balance the budget, including voluntary furloughs and program
cuts instead of resorting to salary reductions. CAPS
will strongly oppose additional mandatory furlough days, and would likely sue to
prevent them, should there be even a thread of legal reasoning to support such a
challenge.
Can I
Accelerate Serving My Personal Leave Days?
Yes. The
CAPS agreement requires 12 days unpaid time off, worth 4.62 percent of salary
per month, over a period of not more than 12 months. This
12 month period begins April 2011 and ends March 2012. After serving one day per
month in April, May and June 2011, any Unit 10 scientist may elect to accelerate
completion of the schedule by doubling or tripling the scheduling of the
remaining nine PLP days beginning July 2011.
Separately, revised
Voluntary Personal Leave Program enables state scientists to augment required Personal
Leave with voluntary time
off. The
point of this is to accommodate state scientists who want additional time off
under the furlough program for personal reasons or tax purposes. Any
voluntary reduction in work carries a commensurate pay cut with it.
Am I Required To Use My Personal Leave Before Vacation or Annual Leave?
No. You are not required to use your Personal Leave until you retire or
otherwise separate from state service. You may keep your accumulated
Personal Leave in a bank separate from Vacation or Annual Leave.
Do I Lose Any Banked Personal Leave Time 2011 If I Don’t Use It?
No. Any Personal Leave earned as a result of the PLP 2011 program will
stay on the books unless and until it is used. While it has no cash value,
the time does not expire once earned. If not used prior to retirement,
then it would extend the period of active service.
Yes. Two
Professional Development Days accrue to every state scientist at the beginning
of each fiscal year.
These are paid leave
days. They
can be scheduled at the employee’s discretion for virtually anything that
furthers professional growth. Approval
of such leave time is subject to the same standard as currently used for other
types of leave. PDDs
must be used during the same fiscal year as accrued.
Yes. This
agreement requires a continuous appropriation for state scientists’ pay and
benefits (including health, dental and vision) during its term. It
also requires that the state devote legal resources to help defend this
provision in case it is challenged in court by a third party. This
provision will help guarantee that the state Controller will pay state
scientists full salary rather than federal minimum wage