CASE recently filed both the attached Unfair Labor Practice charge (ULP) with the Public Employee Relations Board (PERB) as well as the attached grievance against the California Department of Human Resources (CalHR). The grievance and ULP were filed in response to a violation of the Unit 2 Memorandum of Understanding (MOU). Several bargaining cycles ago, CASE and CalHR agreed to the establishment of the Attorney V classification and the Administrative Law Judge III classification. These new classifications were intended to give Bargaining Unit 2 professionals greater promotional opportunities. The understanding of the parties was that the creation of the new classifications would not be attached to any appropriation of new funds, and any department that wanted to take advantage of the new classifications (i.e. promote their employees) would have to do so out of their existing budget. CASE and CalHR also agreed that there is no limit on the number of promotions and there is no percentage limit on the number of Attorney V or ALJ III positions.
However, CalHR has been requiring any department that wants to classify a position as an Attorney V or ALJ III to obtain the approval of the Department of Finance (DOF). Rather than simply analyzing whether or not each department's budget has sufficient funds to support the promotions, the State, through DOF, has imposed artificial limits on the number of promotions based upon unspecified and arbitrary criteria. This allowed Governor Brown to renege on the promise of promotions in the MOU by artificially restricting those promotions through the DOF which is part of the executive branch. CASE had hoped that this unfair, anti-labor practice would stop under Governor Newsom. Unfortunately, it has continued and as a result we have filed the attached ULP and grievance. CASE has already received a response from PERB wherein they assert that they are within their right to commit these unfair labor practices. CASE will continue to fight these actions through all available levels for both the grievance and ULP.
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As always, your support of CASE and your colleagues in Bargaining Unit 2 is greatly appreciated.
Sincerely, The CASE Board of Directors