State of California M E M O R A N D U M Date: July 21, 1993 To: Personnel Management Liaisons Reference Code: 93-51 From: Department of Personnel Administration Labor Relations Division Subject: Bargaining Unit 14 This correspondence is to apprise you of the fact that the Memorandum of Understanding (MOU) for Bargaining Unit 14 was not ratified by the Legislature prior to their departure for the summer break. Therefore, the earliest that the Legislature will reconsider passage of the MOU ratification bill (SB 1226) is mid-August. The State does not intend to return to the bargaining table because the Legislature has not yet ratified the Agreement. Until then, departments are reminded to continue to operate under the provisions of the Bargaining Unit 14 Terms and Conditions of Employment that were issued last January 15, 1993. As explained earlier this year, the terms and conditions of employment for this group of employees are based on the rulings of the Sacramento Superior Court and as confirmed by the 3rd District Court of Appeal. First, where a Government Code or Department of Personnel Administration Rule exists relative to a provision in the expired MOU, the State must implement the provisions of the Code or Rule. Second, with respect to economic benefits not controlled by rule or statute, the State has implemented an economic package as reasonably comprehended in its last, best, and final offer. Examples include changes to health benefits and overtime provisions. Third, there are several union benefits that have already been discontinued, and that status will remain unchanged. These discontinued provisions include union leave, maintenance of membership, fair share fees, and arbitration. The State is mindful of the economic impact on individual employees and the added work created for Personnel Offices as a result of these circumstances; however, existing law and court decisions leave us no other option pending action by the Legislature. Should you have questions concerning any of the above, please do not hesitate to call me at (916) 324-0505 or ATSS 8-454-0505. Michael T. Navarro Labor Relations Officer