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SETC-UNITED MEETS WITH CSU CHANCELLOR CHARLES REED

November 2, 2009

Chief Labor Consultant Pat Hallahan, Interim Business Manager Randy Grobe, and Vice President Greg Hayes met at the CSU headquarters in Long Beach, CA for a special meeting with Chancellor Charles Reed. Also present was C. Richard Barnes and John Swarbrick, Labor Relations consultants to the Chancellor, and Bill Candella, Senior Director of Labor and Employee Relations. The meeting was originally requested by the late John Connor, SETC Business Manager in Memoriam. The purpose of the meeting was to attempt to resolve differences that resulted from the recent tumultuous and long drawn out negotiations, impasse and fact-finding. SETC is also concerned at the hard line drawn by CSU and a resistance to the mitigation of layoffs as required by the language in the contract.

One important issue that SETC brought up was the rumor that several campuses may have been able to mitigate at least some layoffs but were under direction not to do so. Chancellor Reed was quick to deny that he nor anyone else on his staff had made such a directive. He continued to make it quite clear however,  that he was angry  that SETC members voted down the furlough program. He also stated that the Union leadership was poor for not directing the members to furloughs. SETC stated that the members had voted against furloughs by 3 to 1 and as a democratic organization the members had made a wise decision.

It goes without saying that the outcome of the meeting was disappointing. SETC has been advised that the only options at this point are to file grievances and Unfair Labor Practice charges. A system-wide grievance regarding improper layoff procedures, notification failure, and refusal to provide information for the purposes of representing laid off members was filed following the meeting.

Despite the outcome of the meeting with Chancellor Reed, SETC believes that we are in a good position and have contract language that will support our fight to correct the wrongs that have been done to the members. Now more than ever is the time to stick together and remain strong to accomplish the goals set by Brother John Connor.

CSU BOARD OF TRUSTEES RATIFY UNIT 6 CONTRACT

September 22, 2009

The CSU Board of trustees met today as part of their monthly session. The successor agreement for SETC contract period of 2009-20011 was ratified unanimously. The new contract now becomes final and the language is in affect. SETC and CSU will now finalize language to prepare to go to print.

CSU and SETC have begun to meet to bargain over the impact of layoffs announced on a few campuses so far. The impact bargaining will occur as required by Article 30 and the side letter related to lay offs.

We will provide further updates on the impact bargaining as the process develops.

SETC COMPLETES CONTRACT RATIFICATION AND FURLOUGH VOTES

September 1, 2009

SETC negotiation team members as well as other SETC representatives have completed a 7 day process of CSU campus visits to conduct Contract Ratification and Furlough Proposal votes. The Tentative Agreement for a 2009-2011 contract has been ratified by 90.5% of the voting members. The Furlough Proposal was rejected by 74.5% of the members voting. The actual vote counts are listed below.

In order to finalize the agreement the CSU Board of Trustees must also ratify the contract at their next meeting scheduled in September. SETC will continue meeting with CSU to finalize details of the contract. Once finalized SETC will prepare the new contract for printing.

More information will be provided as it is available. SETC wishes to thank the members for their support during what has been a difficult negotiation process.

SETC AND CSU REACH TENTATIVE AGREEMENT

August 21, 2009

SETC-United and the California State University has reached a Tentative Agreement for a two year contract for 2009-2011. SETC will now begin the ratification process which will result in campus visits to present the agreement to the members and vote on ratification. Members will be asked to vote on two separate issues. First the members must vote either for or against ratification of the Agreement. Secondly Unit 6 will vote on the CSU proposal for Furlough Implementation vs. Layoffs. Information regarding the impact of both options will be presented. Below are a series of links that can be reviewed by members prior to the campus visits. Members with questions may find answers in the linked documents or from a negotiating team or Executive Board member prior to the votes.

The following information is provided for your review, Click on the Links below. Articles with current language can be found in existing contract. Current language can be found here.

More information will be posted as soon as it becomes available. Campus visits are currently being scheduled for August 24, 2009 through September 1, 2009. Once finalized a schedule will be posted on this site. Members may also ask their stewards what arrangements have been made.

FACT FINDING DISCUSSIONS WITH CSU BREAK DOWN

August 16, 2009

SETC-United met with CSU officials on Thursday August 13, 2009 to attempt to finalize the tentative agreement reached with Fact Finder John Kagel in San Francisco. The day after the August 8, 2009 update on this site, Bill Candella, CSU, sent an e-mail to HR Directors, Plant Directors, and other administrators advising  them that a tentative agreement had not been reached.

SETC efforts, on August 13, 2009 were to get an entire contract  packaged to take to the members for ratification. CSU wanted to hold the agreement "hostage" in order to further their agenda on furloughs. SETC returned on Friday August 14, 2009, at CSU's request, to meet again  to attempt resolution.

Both parties agreed with language in Article 24, and 29 but CSU stated that Article 4 language was unacceptable. CSU rejected the Fact Finders language on Article 4, instead offering a previous Article 4 proposal already rejected by SETC. Based on our objections CSU stated that there was no need for further discussion.

As of Friday August 14, 2009 all talks with CSU have broken down. SETC will meet with our attorneys to determine the next course of action. The Fact Finding process requires a 10 day period of confidentiality regarding the Fact Finders report. This is a "cooling off" period to allow the parties to review the report and attempt resolution on the issues. The details of the Fact finders report can not be released until August 21, 2009.

More information will follow as it is available.

FACT FINDING RESULTS IN TENTATIVE AGREEMENT

August 8, 2009

With the assistance of Fact Finder John Kagel, SETC-United and CSU have reached a tentative agreement on a successor contract. SETC will meet with CSU Thursday August 13, 2009 to review final language and finalize a contract that can be presented to the members at a ratification vote. Details of the contract will be released following the August 13 meeting.

Also following that meeting SETC will release the details about furloughs and layoffs that may be necessary on several campuses. Some campuses have already begun the notification process. As part of the contract ratification process members will have the opportunity to discuss and vote on the available options.

More details will follow as they become available. SETC recognizes that this has been a long drawn out process and is grateful to those members that have remained supportive of the efforts to bring the members the best possible contract.

SETC-UNITED FURLOUGH/LAYOFF UPDATE

August 2, 2009

RE: FACTS of CSU Life: Furlough Plans; Budget Cuts & Layoffs

During the last few months you have heard all kinds of “horror stories” about furloughs, potential layoffs, Budget Cuts, etc.  SETC knows that accurate information has not been readily available.  SETC has had time to determine what that means to CSU Unit 6 Skilled Trades working on the 23 Campuses. Here are a few general facts:  

• On July 21, 2009, CSU Trustees Approve Furloughs/ Pay Cuts for “Non-represented” employees – management and confidential.
• In addition Furloughs and/or Pay Cuts will apply to only those Unions that signed an Agreement to have furloughs. CSU Unions who have voted “in favor” of Furloughs are:
  • CSUEU – Units 2; 5;7; &  9;
  • UAP&D – Unit 1 –(doctors);
  • California FACULTY Assn.(CFA) – Unit 3
• How much will CSU Student Fees be increased in 2009-10:
  • A total of 30% over 2008-09: A 10% Fee increase in May 2009 plus the 20% Fee Increase approved on July 21, 2009.
• The ONLY Union exempted from CSU Furloughs is:
  • SUPA (Unit 8) – University Police

Reason: Protect Public Safety on your campuses

FAQs:

Q: As a result of the CSU Budget for 2009-2010 could there be LAYOFFS in Unit 6??  

A: Yes, there could be on some Campuses; what’s more likely is the termination of “Temporary” or Limited Hourly first;   

Q: What MUST the CSU do before Layoffs occur on any Campus?? A.  The CSU (Chancellors Office) must follow:

A: Follow the SETC Side Letter: Supplemental (D-3);

• To use JOC money and other funds to mitigate layoffs
• Follow the SETC-CSU (Old 2005-08) Contract;
• CSU must bargain with SETC effects of layoffs;
• SETC can Bargain through Impasse – Fact-finding;

What does Fact Finding mean to SETC-CSU Unit 6 Skilled Trades? 

Q:  Can the CSU implement any furloughs or layoffs in Unit 6  without bargaining with SETC ???

A:  The CSU must bargain in good faith with SETC all the way through “Impasse” under HEERA.  

Q:  What does “IMPASSE” mean??

A:  Under the State Higher Education Employer-Employee Relations Act (HEERA) – CSU & SETC must participate in “good faith” in IMASSE which includes 2 Steps:

• State Mediation;
• Fact-finding

Q:  How long has SETC been in the Fact-finding with CSU?

A:  SETC has met in 3 days and has 3 more scheduled:

• June 25-26-27, 2009 @ SFSU Downtown Center –SF  Completed
• August 5-6-7, 2009 @ SFSU Downtown Center –SF  Pending

Q:  Who is on the SETC-CSU Fact-finding Panel??

A:  There are three (3) members of the Fact-finding Panel:

• Chair: John KAGEL –Professional Arbitrator-Factfinder
• CSU Rep: Bill Candella --- Senior Director CB
• SETC Rep: Pat Hallahan – Chief Consultant

Q:  When the Fact-finding Hearing is concluded what happens?

A:  Here are the Steps that can happen:

• Both the CSU & SETC have right to submit Post Hearing Briefs;
• The Fact-finding Panel (3 members) must meet  to review the facts and arguments of both CSU & SETC and make recommendations for SETTLEMENT;
• If no agreement, then the Chair writes a Proposed REPORT and asks the Panel members to respond;
• The Fact-Finding REPORT is issued in late Sept.

Q:  What happens AFTER the F-F REPORT is issued??

A:  Here are the Steps that can happen –not necessarily in order:

• CSU & SETC have a 10-calendar days to meet and resolve the Contract BEFORE the Report is made public;
• CSU & SETC can continue meeting AFTER the 10-day period in an effort to settle the Contract;
• If bargaining STOPS, then CSU can “implement its last, best Final offer to SETC;

SETC-UNITED AND CSU TO GO TO SECOND ROUND OF FACT FINDING

SETC-United met in San Francisco with CSU Management on June 23, 24, and 25 2009. The parties met in front of Arbitrator John Kagel. In addition to Arbitrator Kagel, Pat Hallahan, SETC Consultant and Chief Negotiator, and Bill Candella, CSU Senior Manager of Collective Bargaining act as the remaining two members of the Fact Finding Panel. Matthew Ross, of Leonard Carder LLP., represented SETC-United and Sharyn Abernatha, CSU Employee Relations, represented CSU.

The process is more formal than the previous mediation process and negotiations. Both parties present evidence to the Fact Finder through documentation and exhibits as well as sworn testimony by witnesses.

On Friday prior to the fact finding CSU presented SETC with an "11th hour" Article 24 (Salary) proposal. Essentially the proposal by CSU (which they call there final and best offer) provided language that would allow CSU to impose furloughs of up to 24 days a year. The language also states that if CSU did not adopt a furlough program they could impose a 10% salary reduction with no furlough days. In addition the language would allow CSU to impose lay offs as well. The threatening language of the CSU proposal left SETC representatives with a bad taste.

SETC began it's case by concentrating on the salary issues. There was an extensive discussion about salary levels, market surveys and the Mercer Study completed over a year ago. Testimony on market studies, prevailing wage levels, and CSU budget issues were presented to Fact Finder Kagel. Discussion on the salary and budget issues continued for almost 2 1/2 days. Toward the end of the third day discussions and testimony began on Article 4, Contracting Out. Article 4 is also of key importance to SETC.

Based on the volume of information to be introduced it was determined that three additional days would be necessary.  The parties are scheduled to return to San Francisco for three additional days on August 4, 5, and 6, 2009. Once all information has been presented to the Fact Finder, Arbitrator Kagel will prepare a report of his findings. Under normal circumstances the report is shared with both parties within 45 days. The report remains confidential for 10 days while SETC and CSU are given an opportunity to review the document. At the end of the ten day review period the report is made public. SETC and CSU can then meet again to determine if agreements can be reached based on the Fact Finders recommendations.

More information will be provided as the process continues.

CSU NOTIFIES SETC-UNITED OF NEED TO LAYOFF OR FURLOUGH CSU EMPLOYEES

Administrative officials of the California State University system have notified SETC-United Business Manager John Connor, and other SETC Executive Board members, of their intent to impose a layoff or two day per month furlough. CSU officials have stated that the CSU system is facing an approximate $528,000,000 budget deficit for the coming 09/10 fiscal year. The deficit is the result of a decrease in state revenues and budget reductions imposed by Governor Schwarzenegger and the California state legislature.

SETC-United has been given two options to deal with the CSU Unit 6 share of the reductions.

1. Unit 6 would see layoffs in the bargaining unit. It is estimated that the number of positions would be approximately 121 system wide. Unit 6 employees would be laid off in accordance with the procedures within the current contract. The order would be; temporary employees, apprentices, probationary, and then permanent based on seniority.

2. Unit 6 employees could elect to accept a two day per month furlough. A furlough is a day off with loss of pay. Two days per month would not provide adequate funding to make up the deficit. CSU has said that they cannot guarantee that additional cuts or layoffs would not be necessary. SETC would be required to sign a one year agreement. Depending on the budget situation at the time the parties would meet to negotiate new terms.

The furlough option may require additional cuts, and layoffs are possible despite employees giving up two days pay. The executive board is recommending the layoff option which would require that the contractual procedures be followed.  Members with questions should contact their stewards for more information about campus meetings and unit discussions. SETC must notify the Chancellors Office of the option selected by Monday June 22, 2009. Meetings should be held and options should be discussed as soon as possible.

More information will be provided as it becomes available.

SETC/CSU TO MEET FOR FACT FINDING SESSION

SETC-United and CSU will meet in San Francisco June 23, 24, and 25, 2009 to hold a series of fact-finding sessions with regard to the stalled contract negotiations. Despite the current CSU budget woes, SETC believes that it is vital to resolve remaining issues and attempt to finalize the contract agreement. The findings in the process will be invaluable in building a road map for future contract negotiations.

SETC will be represented by Matt Ross, our representative from the law firm of Leonard-Carder, LLC. of Oakland, California, and Pat Hallahan, our Chief Negotiator and Labor Relations representative. Also attending the sessions as witnesses will be negotiating team members Greg Hayes, Senior Electrician, CSU Long Beach and SETC Board member, and Randy Grobe, Supervising BSE, CSU San Diego, webmaster and steward.

SETC/CSU FACT FINDING DATES SCHEDULED

A series of meetings have been scheduled as the next step in the CSU contract negotiation process. Both parties are preparing to meet with Arbitrator John Kagel on June 23, 24, 2009 and possibly June 25, 2009 if additional time is needed. At the request of Arbitrator Kagel, the meeting will be held at a location in the Bay Area. The parties are currently finalizing details that will establish the meeting place at local San Francisco State University or a nearby hotel conference center.

SETC-United will be represented by Chief Labor Consultant Pat Hallahan and an attorney from the Leonard Carder law firm, SETC-United's legal council. Also included for SETC will be members of the the bargaining team that will present additional testimony. Bill Candella, Senior Director of Collective Bargaining will head the CSU team.

Pat Hallahan has provided the following explanation of the process;

SETC-UNITED AND CSU ENTER FACT FINDING PHASE.

Both parties met on April 21, 2009 to continue discussions on compensation programs and issues. The CSU team provided information to SETC and informed Labor Consultant Pat Hallahan and Business Manager John Connor that while they did believe it was necessary to study the compensation issues, that a study would require several months to complete.

SETC believes that CSU has been aware of our concerns since before we began negotiations last year and has failed to address the issues until now. SETC believes that further delay in the process would be unfair to the members.

It was agreed by the parties that the next logical step was to move from the mediation stage to the fact finding stage. The parties spoke with Paul Roose, the Chief Mediator who agreed to send the parties to fact finding. SETC and CSU have mutually agreed to retain Arbitrator John Kagel as the Fact Finder in this process. Arbitrator Kagel is familiar with SETC and CSU, having heard several arbitration cases in the past.

More information will be posted as it becomes available.

APRIL 2009 MEDIATION UPDATES

SETC-United bargaining team members have met twice so far this month with the CSU team. The meetings were held at the request of Mediator Paul Roose. At his request the meetings were held without  his presence. During the first session SETC presented the documentation and comparison of the SETC salary ranges to the State Prevailing Wage rates. Discussions centered around the comparisons of the rates and classification standards. The parties met the second time to discuss the needs of changes in compensation programs that could address the future needs for improvement in SETC compensation issues. CSU continues to focus on their belief that the needs should be studied further to develop a compensation program that will meet future needs. SETC agrees that future needs are important but continues to remind CSU of past agreements and studies that were not acted upon. The parties will meet one more time during the week of April 20, 2009 for follow up discussions. The parties will then ask to meet with the Chief Mediator to determine where the process will head.

MEDIATION SESSION SET FOR MARCH 18, 2009

SETC-United bargaining team members will meet with CSU and Mediator Paul Roose at the Chancellors Office in Long Beach on March 18, 2009. The teams will reconvene to continue discussion on the remaining articles including  contracting out, salary and benefits. The mediation process has been successful in reducing the number of issues remaining on the table but several important issues remain outstanding.

At the January sessions tentative agreement were reached on Article 1 - Recognition, Article 6 - Non-Discrimination, Article 8 - Concerted Activities, Article 23 - Overtime

At the February sessions tentative or conceptual agreements were reached on Article 10 - Appointment and Article 20 - Assignment /Reassignment.

SETC AND CSU TO MEET FOR FURTHER MEDIATION SESSIONS

The SETC negotiating team will meet with the CSU team on January 26 & 27, 2009 for another round of mediation. Several articles are still outstanding and these meetings will determine if enough progress can be made to move forward.

On January 14, 2009, SETC Business Manager John Connor met with the CSU Chief Negotiator Sharyn Abernatha. The purpose of the meeting was to discuss Article 4, Contracting Out, an article which has been hotly contested. According to John the meeting resulted in a better understanding of actual facts and the reasons for the positions taken by each party. As a result SETC will be preparing a proposal on Article 4 to be presented at the next session on the 26th. It is hoped that the proposal will address the concerns and offer protection of rights to both parties. If successful the agreement on Article 4 could put the parties back on track or at least limit the number of issues remaining if sent for fact-finding.

SETC-UNITED MOUNTS A SUCCESSFUL DEMONSTRATION

November 18 & 19, 2008 - Over 100 members of SETC converged in Long Beach at the CSU Chancellors Office to demonstrate the dissatisfaction with CSU's bargaining positions. Members from throughout the state met for two consecutive days greeting Board of Trustees members, Campus Presidents and Chancellors Office personnel with chants, flyers, and picket signs. The SETC message was sent loud and clear. SETC Chief Negotiator and Labor consultant addressed the CSU Board of Trustees at their meeting. Pat and other members reminded the Trustees of broken promises, salary levels well below market rates, and millions of dollars thrown at Job Order Contracting for less than acceptable work results. To see the many pictures from both days go to the CHOFF Picket 2008 page. (This page may load slowly due to the large number of pictures).

SETC-UNITED TO STAGE DEMONSTRATION AT CHANCELLORS OFFICE

Members of SETC-United from throughout the state will converge on the Chancellors Office on November 18 & 19, 2008. SETC Members will participate in a demonstration to alert CSU Board of Trustees of the status of contract negotiations. All members are encouraged to attend either one or both days of the informational pickets and demonstrations.

It is more important now, then ever before to show support and solidarity amongst SETC members. Negotiations with CSU failed in September and a series of mediations has begun. SETC members need to have their voices heard by the CSU Chancellor and Board of Trustees.

For more information please read the attached letter. Members can also contact their steward for more information and to coordinate travel plans. Please show your support and desire for a fair contract. We will see you in Long Beach November 18 & 19!

SETC AND CSU MEET FOR FIRST ROUND OF CONTRACT MEDIATION

October 30 and 31, 2008 - Members of the SETC and CSU bargaining teams met with PERB Supervising Mediator Paul Roose for the first round of mediation sessions. The sessions are an attempt to reach an agreement on the successor contract between SETC-United and the CSU system.

On Thursday Mr. Roose met with all parties. During the morning the parties broke out and Mr. Roose met with the CSU team to review their proposals and positions. Mr. Roose met with SETC for the same purpose later that afternoon.  As a mediator Mr. Roose will attempt to lead the parties to a compromise that is acceptable to all. The talks continued on Friday. More information will be provided as the process continues to develop.

PERB IMPASSE MEDIATION SCHEDULED

October 21, 2008 - In early October SETC and CSU met for a last bargaining session before declaring a Impasse in the bargaining process. Details of the remaining issues have been provided in earlier updates. On October 6, 2008, Pat Hallahan, Chief Labor Consultant, notified the Public Employees Relations Board of the mutual impasse declared by SETC and the CSU. You may read the notification letter. The letter, followed by additional filing documents was presented to PERB and the parties requested scheduling. SETC and CSU were notified that PERB has begun the process to meet with the parties. On October 30 and 31, 2008, SETC, CSU, and a representative from PERB, Supervising Mediator Paul Roose, will meet at the Chancellors Office.

These meetings will begin the mediation process. Each side will present their case for the changes they are proposing. Both parties will begin to bargain again with Mr. Roose acting as the mediator. Once the mediator is satisfied he has gathered all the facts, he will begin his process of trying to steer both parties to a compromise and agreement. The mediator's proposal is non-binding and at the conclusion of the process one or both parties could reject the findings. Considering the current financial times and the tough stance taken by CSU, agreements may be difficult.

Pat Hallahan has also requested that SETC be allowed to address the CSU Board of Trustees at their November 18 & 19 meetings at the Chancellors Office in Long Beach. More information will be provided  about the mediation process and the content of the Board of Trustees address as it becomes available.

IMPASSE UPDATE

On October 1, 2008 SETC-United negotiating team members met with the CSU team for a last attempt to reach agreement on a Unit 6 contract. CSU’s position has not changed since the last bargaining session. At the end of the session both parties agreed that there was little chance of an agreement on the remaining articles. SETC and CSU will jointly petition PERB to declare an official impasse and begin a mediation process.  

CSU continues to attempt to take back long standing language which would open the door to contracting any and all bargaining unit work. Once again CSU has offered an economic package that contained zero ($0.00) for cost of living, equity adjustments, improved benefits, apprenticeship programs, and training.

Following is a summary of the key issues in the last remaining articles.

For full details and actual language you can view the final proposals from CSU and SETC.

For the CSU Final proposals click here. CSU Cover letter and summary; Articles 1, 4, & 6; Articles 10 & 20; Article 23; Article 24; Article 25; Article 26; Articles 27 & 32.

For the SETC-United Final proposal, click here.

SETC has presented information to the CSU and has requested that they respond with an opinion of the requirement as it relates to Unit 6. The requirement is contained within the California State Education Code section 89517 and sets standards for determining salary levels for "laborers, workmen, and mechanics employed" by the CSU. The statute requires that the CSU "shall not fix the minimum salary limits below the general prevailing rate". SETC has taken the position that this statute applies especially now that the memorandum of understanding has expired. SETC's legal representatives will continue to pursue this requirement. Read the full text of of the Education Code section.

More information regarding the Impasse Process will be provided as it develops.

SEPTEMBER 2008 UPDATE

September 11 & 12, 2008- The SETC-United negotiating team met with the CSU for another round of bargaining. There was very little progress in closing the gaps on differences in the remaining articles. To date CSU has failed to offer funding for any increases or improvements in salary equity, cost of living, apprenticeship, health and safety, training and development, or benefits.

CSU continues to push for language changes to Article 4, Contracting Out, that would take back the long standing language that protects SETC jobs from being contracted out. CSU Management has taken the position that SETC should have NO protection from contracting out bargaining unit work. The language proposed by CSU removes the obligation to notify the Union of work being contracted and also removes the CSU requirement to "make every reasonable effort to perform normal bargaining unit work in-house." SETC feels strongly that this protection must remain. Many campuses have doubled and tripled in size while Unit 6 staffing levels remain the same. CSU continues to increase Job Order Contracting and other minor capital contracting by millions of dollars each year. SETC is holding to the position of "status quo", maintaining current language and protection.

CSU continues to push for changes to Article 23, Overtime. Recently the CSU San Luis Osbispo campus lost an arbitration decision regarding call backs. Immediately after that loss CSU proposed and continues to push for changes that would exclude scheduled overtime from the call-back provision. The change would allow the "scheduling" of a 1 hour (or even less) overtime assignment which would not qualify for the 4 hour minimum. SETC believes it is unfair to ask an employee, in some cases, to drive long distances on a normal day off and perform work that would result in less pay than the cost of the travel and inconvenience to the employee.

SETC is seeking improvement to employee rights under the non-discrimination and Industrial Disability Leave articles. SETC believes current protection has left many employees without recourse in the resolution of issues and is pushing for the use of the grievance procedure.

SETC also believes that the CSU has not been acting in good faith with regards to the Apprenticeship program, Unit 6 Staffing levels, and equity issues. SETC and CSU have entered into several Side Letter Agreements on these subjects. CSU has failed to meet their promises and obligations under those agreements.

On Friday September 12, 2008 SETC officially declared "Impasse". On Monday September 29, 2008 Chief Negotiator Pat Hallahan will submit documents to PERB declaring that bargaining with CSU has reached Impasse. The documents will provide PERB with the SETC position on the remaining articles. Further information on the Impasse process will be provided as available. The HEERA laws that pertain to the impasse procedure can be found at http://www.perb.ca.gov/laws/statutes.asp#ST3590.

At the end of the session on September 12, SETC submitted two separate packages of proposals in an attempt to further progress. To date there has been no response from CSU regarding either of the proposals.

SETC and CSU are scheduled to meet on October 1, 2008 at the Chancellors Office in Long Beach. The parties will recap the issues and agree to the extent of an impasse. More information will be provided as it becomes available.

AUGUST 2008 RECAP

August 26, 2008- To date the SETC/CSU negotiations have resulted in tentative agreements to the articles listed below. While there has been some progress with the non-economic portions of the contract, things may be stalling due to the lack of an approved State budget. On August 25 the CSU team presented their first Economic proposal. The proposal offers no funding for any Unit 6 compensation or benefit improvements. Click here to read the proposal. For an overview of the sessions from June 30, 2008 through August 25, 2008 read the section below. The parties are scheduled to meet again on September 11, 2008 to determine if further progress is possible and to determine if an actual impasse has been reached.

Tentative Agreements

AUGUST 2008 CSU UNIT 6 NEGOTIATIONS UPDATE

August 26, 2008- The following is a brief recap of the CSU/SETC negotiation sessions to date. In the time since the June 23, 2008 update the negotiating committee has met with CSU on June 30, July 1, July 28, July 29, August 4, August 5,  August 14, August 15, and August 25, 2008.

June 30 and July 1- The parties continue to discuss information requests that have not been completely answered by CSU. Much of the information relates to JOC. SETC believes that the CSU system has increased the amount of funds spent on contracting our work and has failed to address Unit 6 staffing, apprenticeship, and below market wages. SETC continues to push for new classifications such as Supervising  Locksmith, Supervising Auto and Equipment Mechanic, Lead BSE, High Voltage Electrician, Elevator Mechanic, and others. The discussions on apprenticeship continues. SETC continues to maintain the importance of the Apprenticeship program. CSU has yet to meet the commitments made in earlier agreements. SETC believes that the CSU has not provided the direction, funding, or opportunity that was promised. So far the parties have reached tentative agreements (TA) on Articles 3, 5, 11, 12, 13, 18, 19, 21, and 31.

There are ongoing discussions on issues contained within Article 7 (Union Rights), Article 6 (Non-Discrimination), Article 9 (Grievance Procedure). Because CSU has admitted that serious market lags exists with regard to our wages, much time was spent on discussion. The different methods of obtaining a level of wages consistent with the market were reviewed. SETC continues to assert that prevailing wages should be included in the overall solution. SETC reminds CSU that the statistics show a large number of Unit 6 employees are reaching retirement age. If the salary structure is not repaired it will become harder for CSU campuses to attract qualified replacements. Now more than ever CSU needs to begin using the Apprenticeship program to train those replacements.

July 28 & 29- This session was held at the Humboldt State Aquatic Center. These sessions followed the weekend of the SETC General Membership meeting. An important development had occurred since the last session. CSU had fired their negotiator. One of the many problems with these negotiations has been the lack of CSU knowledge and history of SETC bargaining. While he may have been experienced in the UC system he clearly had little knowledge of our history and had not been well informed by CSU. While there the parties reached TA's on Articles 14, 15, and 17.

August 4 & 5- Discussions were continued on several of the remaining articles. SETC continues to propose additional classifications to be added to Article 1. The subjects of emergencies, non-discrimination, Union rights, concerted activities, vacation, grievance procedures, training and development, health and safety, apprenticeship, and others. SETC again asks for information that was requested but still not provided. Information related to JOC contracts, Cal-PERS costs, and elevator contracts are still outstanding. The parties TA Articles 9, 22, 30, 31, and Appendix B.

August 14 & 15- The parties discussed various arbitrators that could be added to the panel. SETC requests resumes. CSU provides information on healthcare costs for Unit 6, cost of a Long Term Disability plan, and various calculations on economic values. The parties discuss emergency situations and hazardous duties. There is discussion on Union rights, definitions, added classifications, various problems on some campuses, the apprenticeship program, contracting out, non-discrimination, concerted activities, appointments, vacation, assignment/reassignment, hours of work, overtime, and general economic issues. The parties reach TA on Articles 2, Definition, and 7, Union Rights.

August 25- There were ongoing discussions on issues still outstanding and undecided. SETC remains firm that CSU has failed to meet commitments made in past agreements regarding the funding and expansion of the apprenticeship program. Information requests for JOC contracting have not been fully provided. Discussions include call-back, SETC has received an arbitration decision that is favorable to Unit 6 employees and CSU pushes for language changes to negate the changes. There is discussion on health and safety, IDL/Workers compensation problems. For the first time CSU offers an economic proposal. The proposal offers $0 towards any compensation or benefit improvements. The proposal offers only a re-opener of the contract if the State budget is approved and meets certain CSU expectations. It offers re-openers in 2009/2010 and 2010/2011. The parties TA Article 28, Health and Safety, and Appendix D-1.

JUNE 2008 CSU UNIT 6 NEGOTIATIONS UPDATE

June 23, 2008- The following is a brief recap of the CSU/SETC-United negotiation sessions to date.

April 15 & 16- Negotiations began in mid April at the Chancellors Office in Long Beach, CA. The sessions began with opening comments by both CSU and SETC negotiating team members. CSU stated that they recognized that CSU and SETC had been been involved in collective bargaining since 1979. Their message seemed to be that the 29 year history should not control the future. CSU agrees that SETC members play a critical role in the operation of the Universities. CSU would like to add clarity to the language in the contract. CSU would like to have more flexibility in the operation of the campuses.

Pat Hallahan reminded CSU that he has negotiated all of SETC's bargaining agreements for the last 26 years. He has the historical and institutional knowledge of what has worked and what hasn't and we shouldn't want to make the same mistakes. Various members of the SETC negotiating team expressed their concerns about contract language and side agreements that have been forgotten, reneged upon, or just plain violated. There was frustration over the fact that there is one contract but the Chancellors Office has allowed it to be interpreted differently on the 23 campuses.

SETC discussed the Joint Staffing report that clearly showed a substantial increase of the square footage of the campuses with little or no increase in the staffing that was supposed too maintain the property. In response to the growth of CSU, CSU did not invest in Unit 6 but rather allowed Job Order Contracting (JOC) to slip in. Each year CSU has cut the operating budget. CSU now spends more than ever on JOC projects, most for work that could be done in-house.

The recent Mercer Report was discussed. For years CSU has taken the position that CSU trades worker's salaries were equitable to the market. The Mercer Report clearly shows salary lags that are as high as 23% in some classifications. CSU has admitted now that they have allowed us to lag and need to do something. Of course, they are quick to point out that this is a bad budget year.

After opening remarks SETC began the process of providing CSU with our proposal for changes in the contract. Pat Hallahan began an explanation of the SETC proposals and explained why each was important. At the end of the second day, CSU provided a summary of how their proposals (that had not yet been provided) compared with those of SETC. SETC reminded CSU that the requests for JOC information had still not been provided. SETC and CSU agreed that a review of the non-economic articles in 1-16 would be discussed beginning at the next session.

April 28 & 29- This session began as a discussion on the Mercer Report. SETC has requested a meeting with Mercer staff to discuss areas that were of concern. A phone conference was arranged with Mercer staff to allow both SETC and CSU to address questions and concerns directly to Mercer. SETC used the opportunity to clarify certain information and suggest areas that could improve the overall results. Mercer indicated that the results represented an accurate picture of the current market. There was discussion on the number and types of participants and an agreement to add information that had been obtained by SETC for groups that had not initially responded.

After the conference with Mercer, attention was turned to the contract issues. SETC again inquired about the JOC information request that still had not been provided. SETC also requested the calculations on the cost of Unit 6 compensation and incidental expense. CSU discussed the budget process and the difference between lump sum and line item.

SETC discussed the failure of CSU to implement and agreement that would expand the apprenticeship program to all campuses. CSU had agreed to a five year plan and Pat Hallahan complained that we were three years into the agreement and CSU had failed to add more than a few positions. Some campuses had committed to the addition of apprentices but had not followed through. Additional discussions occurred on JOC. SETC still believes that much of the JOC work could be done in-house by Unit 6 personnel. SETC believes that CSU could use JOC funding to address the staffing issues that are apparent in Unit 6.

Pat Hallahan began his explanation of Articles 1 through 4 of the SETC contract proposals.

On the second day of the session SETC provided CSU with a series of charts that represents the data provided by the Mercer Study for each classification. The charts indicate the number of employees in each of the major classifications, actual salary, salary range, Mercer levels, and prevailing wage where available. See the charts based on the Mercer study. There was further discussion on the compensation issues and methods to raise compensation levels. There was further discussion on the SETC proposals for the first several articles.

May 8 & 9- Session began with SETC providing written proposals on Articles 1 through 16. See written Proposals on Articles 1-16. CSU reviewed the proposals and a discussion took place. SETC has proposed. SETC proposes adding several new classifications and to include auxiliary employees under the contract. SETC proposes that several definitions be clarified. SETC wants to improve language in Article 4 that would provide more security of Unit 6 work. There was a lengthy discussion on the need of a fair and progressive discipline procedure. There is a need for fair Skelly hearings when an employee is alleged of wrong doing.

Discussion on the articles continued through the following day. CSU is reluctant to discuss new classifications but SETC has attempted to bargain for several classes for the last two contracts and Pat assures CSU that they will be part of this years contract. CSU and SETC reached a tentative agreement on Article 5 with no changes. CSU provided information on apprentices currently in the system, Cost data for Unit 6 life insurance, health, dental, and pension information. Also provided information on staffing levels by campus, new space budgets by campus, Open Unit 6 positions by campus, and cost of vacation and sick leave.

June 11 & 12- CSU provided SETC with an estimate for the costs of compiling the JOC information requested by SETC. CSU claims that SETC will need to pay CSU approximately $26, 000 for the information requested. A discussion regarding the costs occurred. SETC argued that CSU had provided this information in previous negotiations at no cost. The information is already in the system and should be gathered easily. CSU claimed that the information would probably not be ready for the current session. Pat Hallahan discussed that the delays and high cost was unreasonable. There was a general discussion on the campus estimates and the unbelievable reproduction costs.

CSU asked to discuss their proposals that had been delivered just prior too the current session. See the CSU Proposals on Articles 1, 2, 4, 5, 6, 7, 9, 12, and 14. CSU Chief Negotiator Bill Elkins said they took a close look at the agreement and campus operational needs. Overall they saw few changes that needed to be made. There are some, such as the wage structure. Another area is JOC. A discussion on the ability of CSU directors to use JOC money for Unit 6 positions ensued. CSU argues that they can not get the same value for their dollar when they compare Unit 6 to JOC contractors. The CSU proposal on Article 4 eliminates the requirement to make reasonable efforts to keep work in-house an makes the decision the sole and exclusive right of management. The JOC discussion continues for some time.

CSU said that they had looked at the suggestion of adding an Elevator Mechanic classification to the Unit. The feasibility would depend on the cost. CSU would have to determine that a savings would occur but believe it would not be a good financial decision. There was some discussion about the classification that exists with in the UC system. CSU continued to explain their proposals.

The next sessions are scheduled for June 29 and July 1 at Long Beach.

SETC-UNITED BEGINS NEGOTIATIONS ON SUCCESSOR CONTRACT

The SETC-United negotiating committee has started a series of negotiating sessions to bring a new contract to the CSU membership. The committee includes Pat Hallahan (Chief Negotiator), John Connor  (Business Manager), Paul Lange (Financial Consultant, Board Member), Greg Hayes (Executive Board Member, CSU Long Beach), and Randy Grobe (past E-Board member, Webmaster, Steward SDSU). As is typical, progress starts slowly.

At this time there is little information available with one major exception. In previous years CSU has conducted their own market survey to compare our salaries with those of other comparable institutions. For many years SETC has disagreed with the CSU finding that our salary ranges are placed appropriately in the market place. This year, however, CSU contracted with the Mercer Group, a professional consulting firm. It was no surprise to SETC when the Mercer study revealed that there are substantial lags in many of the salary ranges. It is clear enough that CSU has agreed that we have been allowed to lag behind the market.

As you might expect, CSU has taken the position that the budget cuts this year wil undoubtably affect their ability to correct the deficiencies. SETC will continue to fight for alternate funding sources and are looking at the millions of dollars spent on JOC contracting as a means to fund additional Unit 6 equity increases and new positions.

SETC will provide additional information in the near future. Information from the Mercer Study is currently being reviewed. The next bargaining sessions will be held in early June 2008.

SETC PREPARES FOR NEGOTIATIONS OF NEW 2008 SETC/CSU CONTRACT

SETC-United is preparing for the upcoming negotiations of a full CSU 2008 contract. The negotiating committee is currently being formed and SETC is soliciting your opinions so a contract proposal can be finalized. A survey has been posted on a page that will be used to provide additional information as it becomes available. To visit the 2008 CSU Contract page, click here.

Complete an interactive On-Line form. The results will be sent directly to SETC.

CSU CHANCELLOR CHARLES REED ANNOUNCES THE FUNDING OF AN ADDITIONAL 1% COMPENSATION FOR UNIT 6

SETC-United representatives met with CSU Chancellor Charles Reed in Sacramento, California in late March 2007. Chancellor Reed announced his intentions to implement an additional 1% in compensation for CSU Unit 6 members. The 1% increase will be retroactive to January 1, 2007 but is still subject to collective bargaining. SETC-United and Chancellors Office representatives will meet soon to begin discussions on the implementation of the salary increase.

The SETC-United Executive Board is committed to negotiating a 1% across-the-board General Salary Increase that will utilize the compounding of other compensation received as of January 1, 2007. SETC is pushing for implementation prior to the end of May 2007.

More information can be found in letters exchanged between CSU and SETC-United. To read those letters, click here.

PERSONNEL CHANGE IN CSU LABOR RELATIONS WILL IMPROVE CSU/SETC RELATIONSHIP

CSU representatives recently met with SETC officers and other bargaining unit officials. CSU has announced that Assistant Vice Chancellor Sam Strafaci has been removed from his position as the head of the CSU Labor Relations department. The duties assigned to Mr. Strafaci will be assumed by the consulting firm that was brought in to assess the state of Labor Relations within the CSU system.

SETC-United Executive Board members are speculating that the change of personnel in the Chancellors Office Labor Relations department will improve SETC's ability to successfully deal with more issues. The change should place greater pressure on the individual campus administrations to attempt to resolve issues at the campus level. Future Level IV decisions will be made based the merits of the grievance and not necessarily the opinion of the campus or their unwillingness to accept responsibility for their actions. More information will be provided as it becomes available.

SDSU UNIT 6 MEMBERS CONTINUE INFORMATIONAL PICKETS

SETC-United members on the San Diego State University campus continue to fight to get SDSU administrators to honor the contract, fairly consider grievances, address bargaining unit issues and respect the rights of Unit 6 employees. The campus has been slow to respond to issues and had refused to meet with SETC until March 2, 2007. There has been some progress within the last two weeks.

On March 17, 2007 members on the SDSU campus participated in the third informational picket since February 2007. March 17, 2007 was "Explore SDSU Day", the Open House for students, parents, Alumni, and community members. SDSU Unit 6 employees did everything possible to avoid the necessity of picketing such an event. After almost two years of building tension as a result of anti-union and anti-employee management styles the members on the SDSU campus had had enough. Recent meetings with John Connor, SETC Business Manager, Steward Randy Grobe, Alternate Steward Milo Jensen, Richel Thaler, Associate Vice President for Human Resources and Risk Management, Bob Schulz, Associate Vice President for Facilities Operation, and Joe Patterson, Physical Plant Director have created an opportunity for review and possible resolution for at least some of the issues.

For the first time in several years, SDSU management have admitted to contract violations in some grievances and have made tentative offers of resolution. Members on the San Diego campus remain cautiously optimistic.

For a short 5 minute video of the picket, click here.

  First SDSU Informational Picket

SDSU UNIT 6 EMPLOYEES STAGE INFORMATIONAL PICKET

Administrators at SDSU have continued to ignore ongoing labor/employee relations issues. A November 2006 Vote of No Confidence brought no response from management and has failed to open communications that are needed to resolve the issues. Business and Financial Affairs Vice President Sally Roush, Associate Vice President Scott Burns, and Physical Plant Director Joe Patterson continue to foster a hostile work environment with Anti-Union and Anti-Employee overtones.

On Friday January 29, 2007, over forty-five Unit 6 employees and supporters staged an informational picket. The group marched from the Physical Plant to the College of Arts and Letters where CSU and SDSU were hosting the "Accent on Excellence" strategic planning meeting. The picket was covered by KUSI, the local channel 9 television station, and several other members of the press. Members on the SDSU campus are frustrated with the lack of movement in the correction of the problems. Additional future marches are scheduled to coincide with events both on and off campus.

SETC MOURNS THE LOSS OF BROTHER PAUL MARTIN

    SETC is sad to announce that Brother Paul Martin, CSU Monterey Bay, passed away on January 11, 2007. Paul was a 12 year employee at CSUMB and had served as the steward. His efforts were responsible for many positive changes at the campus. Prior to his employment with the CSU, Paul served his country in the military for 30 years. Please remember Paul and his family in this time of sadness.

LABOR RELATION PROBLEMS CONTINUE TO FESTER AT SAN DIEGO STATE UNIVERSITY. MEMBERS VOTE NO CONFIDENCE.

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