State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2002-035

  DATE:
  June 13, 2002

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  CSEA Master Table Post and Bid Provisions

  CONTACT:
  Linda Buzzini, Labor Relations Counsel
  (916) 324-0476, CALNET 454-0476
  FAX: (916) 322-0765
   
  Email: LindaBuzzini@dpa.ca.gov


  As explained below, do not make any job offers, 
  commitments, or appointments based on seniority using the 
  Unit 1, 4, or 11 MOUs.  Please delay action until we 
  communicate the results of a hearing scheduled this Friday, 
  June 14.
  
  The State Personnel Board has filed an action in Sacramento 
  Superior Court alleging the post and bid provisions found 
  in the Unit 1, 4, and 11 collective bargaining agreements 
  are unconstitutional.  SPB contends that the MOUs violate 
  the merit system.  SPB petitioned the court for a temporary 
  stay pending a final determination on the merits of its 
  action.  There was a hearing on Wednesday, June 12, 
  regarding SPB's request for a stay that would temporarily 
  prevent implementation of the post/bid provisions in the 
  Unit 1, 4, and 11 MOUs pending a final decision in this 
  matter.  There will be a hearing on June 14, at which time 
  there will be further argument about whether SPB has 
  standing to bring the action.  In the meantime, no State 
  agency should make any job offers, commitments, or 
  appointments based on seniority using the Unit 1, 4, or 11 
  MOUs.
  
  
  
  
  Gloria Moore Andrews
  Chief of Labor Relations