State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2004-021

  DATE:
  June 16, 2004

  TO:
  Employee Relations Officers
  Personnel Officers
  Accounting Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  Contracting Out Provisions

  CONTACT:
  Julie Chapman, Assistant Chief, Labor Relations Division
  (916) 324-9420, CALNET 454-0476
  FAX: (916) 322-0765
  Email: Juliechapman@dpa.ca.gov


  During the 2003 negotiation session, the State and 
  exclusive representatives for Bargaining Units 1, 4, 9, 10, 
  11, 14, 15, 16, 17, 19, 20, and 21 reached agreement to 
  include contracting out provisions in the Memoranda of 
  Understanding (MOU).  One of the provisions of the 
  contracting out language provides for state departments to 
  share with the union information regarding contracts to be 
  let for personal services contracts when released for 
  publication, if they call for services found in the 
  bargaining unit.  
  
  Effective immediately, please send copies of applicable 
  Request for Proposals (RFPs) and Invitations for Bid (IFBs) 
  to the exclusive representative designated below if the 
  document encompasses services found in one of the 
  bargaining units that follows:
  
  BARGAINING UNITS 1, 4, 11, 14, 15, 17, 20, AND 21
  Kathleen O'Connor
  Bargaining Services
  California State Employees Association (CSEA)
  1108 "O" Street
  Sacramento, CA 95814
  (916) 326-4235
  e-mail:  koconnor@calcsea.org
  
  BARGAINING UNIT 10
  Kristen Haynie
  Consultant
  California Association of Professional Scientists (CAPS)
  660 J Street, Suite 480
  Sacramento, CA 95814
  
  BARGAINING UNIT 16
  Gary Robinson
  Executive Director
  Union of American Physicians and Dentists (UAPD)
  1330 Broadway, Suite 730
  Oakland, CA 94612-2506
  e-mail:  uapd@uapd.com
  
  BARGAINING UNIT 19
  Pam Manwiller
  American Federation of State, County and
  Municipal Employees (AFSCME)
  555 Capitol Mall, Suite 1225
  Sacramento, CA  95814
  
  Due to the issuance of a preliminary injunction, the 
  contracting out language, for Bargaining Unit 9, in its 
  entirety, is in abeyance awaiting the outcome of pending 
  litigation in the Superior Court.  
  
  The Superior Court judge will be addressing several 
  theories regarding the legality of the contracting out 
  language in Bargaining Unit 9 that may have an impact on 
  the contracting out provisions in other bargaining units.  
  Therefore, the Department of Personnel Administration has 
  notified the exclusive representatives with contracting out 
  provision of our intent to suspend any recommendations from 
  a joint labor management committee on contracting out 
  pending the Superior Court decision.  It does not appear 
  that the theories pending before the Superior Court would 
  have an effect on the process outlined above regarding RFPs 
  and IFBs.  
  
  If you have any questions regarding the information 
  provided in this memorandum, please contact Julie Chapman, 
  Assistant Chief, Labor Relations Division, (916) 324-9420.