State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2004-012

  DATE:
  April 26, 2004

  TO:
  Employee Relations Officers
  Personnel Officers
  Personnel Transactions Supervisors

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  Confidential Designations - CSEA Bargaining Units

  CONTACT:
  Franklin C. Marr, Labor Relations Officer
  (916) 324-0476, CALNET 454-0476
  FAX: (916) 322-0765


  
  Effective immediately, all appointments to confidential 
  positions from California State Employees Association 
  (CSEA) bargaining units (Units 1, 3, 4, 11, 14, 15, 17, 
  20, and 21) must have advance approval from DPA.  This 
  includes any new appointments to positions that had been 
  previously authorized as confidential by employing 
  departments.  
    
  In the past, the Department of Personnel Administration 
  (DPA) authorized confidential designations from the nine 
  CSEA bargaining units under a master side letter 
  agreement.  This long-standing agreement allowed DPA to 
  allocate positions as confidential to a maximum number 
  statewide.  Individual departments were allotted their 
  confidential designations out of the statewide total.  
  
  The current collective bargaining agreements for Units 1 
  and 4 include control language regarding confidential 
  designations.  These agreements supersede the previous 
  side letter with CSEA.  Confidential allocations from 
  CSEA bargaining units are now subject to the conditions 
  and restrictions set forth in the Unit 1 and Unit 4 
  contracts.  (Confidential allocations from other CSEA 
  units and non-CSEA units must be pre-authorized by DPA.  
  Inquiries regarding these units should be directed to the 
  DPA 
  PML 2004-012
  April 26, 2004
  Page 2
  
  
  Labor Relations Officer with responsibility for the 
  affected bargaining unit.) 
  
  The Unit 1 and Unit 4 contracts state that:  "A 
  confidential employee is defined as an employee who is 
  required to develop or present management's positions 
  with respect to employer-employee relations or whose 
  duties normally require access to confidential 
  information contributing to the development of management 
  positions [Government Code Section 3513 (f)]."
  
  The term "confidential information", as used above, is 
  specifically and solely related to employer-employee 
  relations matters.  It does not encompass personnel 
  records, fiscal records, personal information, other 
  types of "confidential" information (e.g., workers 
  compensation, equal employment opportunity, or personnel 
  actions), or other issues that fall outside of the labor 
  relations discipline.
    
  The Unit 1 and Unit 4 agreements provide:
  That the State may designate up to 800 positions from 
  Unit 1 as confidential.
  That the State may designate up to 500 positions from 
  Unit 4 as confidential.
  That existing confidential allocations will not be 
  terminated and that the new maximum limits will be 
  reached through attrition.
  That grievances involving the designation of 
  confidential positions will be filed directly with 
  DPA.  
  
  These agreements effectively require the State to reduce 
  the total number of CSEA affiliated confidential 
  allocations by more than 500 positions.  
  
  In order to reduce the number of confidential positions 
  to the allowable levels and achieve compliance with the 
  collective bargaining agreements, we are implementing the 
  following procedure:  
   
  Delegated authority to designate positions as 
  confidential is rescinded.
  If a department has a clear management need to fill a 
  confidential designation, the department will need to 
  submit its request, with a current duty statement, to 
  the Labor Relations Division at DPA.  Requests should 
  be sent via e-mail to frankmarr@dpa.ca.gov or by fax 
  to (916) 322-0765.
  DPA will review the request and apply Dills Act 
  criteria and Public Employment Relations Board case 
  law in determining whether the position will or will 
  not support confidential status.  
  PML 2004-012
  April 26, 2004
  Page 3
  
  
  DPA will notify the employing agency whether or not 
  the confidential designation is approved.
  
  Departments that currently exceed the number of 
  confidential designations authorized by DPA under the 
  prior side letter agreement must be prepared to 
  justify all their existing confidential allocations 
  (i.e., provide duty statements and justification for 
  the existing confidential designations) before DPA 
  will approve future confidential appointments. 
  
  DPA has developed an audit and control procedure using 
  State Controller's Office records to minimize errors in 
  the confidential allocation process.
  
  Unless DPA has already approved the position as 
  confidential, departments advertising to fill a position 
  are cautioned to state only that:  "DPA approval has been 
  requested to designate this position as confidential."
  
  Please contact Frank Marr in the Labor Relations Division 
  at the above number if you have questions regarding this 
  PML or the confidential designation process.