State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2004-030

  DATE:
  July 20, 2004

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  Delegated Meet and Confers

  CONTACT:
  David Gilb, Chief of Labor Relations
  (916) 324-0476, CALNET 454-0476
  FAX: (916) 322-0765


  This is to place in writing the Department of Personnel 
  Administration's (DPA's) policy regarding the delegation 
  of its authority to departments to meet and confer in 
  good faith with employee organizations, to enter into 
  agreements, and to declare impasse.  
  
  All authority to meet and confer in good faith must be 
  delegated in writing on the attached form, and signed 
  by the DPA Labor Relations Officer (LRO) assigned to 
  the appropriate bargaining unit.  Without such written 
  delegation, departments may not enter into binding 
  agreements with employee organizations.
  
  Departmental authority is limited to the impact of a 
  management decision on those terms and conditions of 
  employment within the scope of representation that are 
  not otherwise covered by the Memorandum of 
  Understanding (MOU). 
  
  In addition to any other specific limitations, no 
  department will carry the delegated authority to 
  commit to the following:
  
  Agree to any provision that requires Legislation to 
  implement.
  
  
  PML 2004-030
  July 20, 2004
  Page 2
  
  
  Agree to the expenditure of unbudgeted funds, or 
  operational changes that would result in a 
  Department submitting a Budget Change Proposal 
  (BCP) to implement.
  Agree to amend or augment any section of the MOU, 
  or any term and condition of employment from an 
  expired MOU that is being continued until a 
  successor agreement is negotiated.
  Agree to any provision that supersedes any law, any 
  DPA Rule or any DPA policy.
  
  
  All agreements must be reduced to writing and signed 
  by the parties.
  
  Forward completed agreements to DPA along with your 
  bargaining notes. 
  
  Consult with the appropriate DPA, LRO prior to the 
  declaration of impasse to provide the LRO with an 
  opportunity to provide guidance and assistance.
  
  DPA Labor Relations Officers are always available to 
  offer assistance should you need it during any delegated 
  meet and confer.
  
  If you have any questions, please contact either me or 
  Julie Chapman at (916) 324-0476. 
  
  
  
  
  David Gilb
  Chief of Labor Relations
  
  "Attachment will be mailed with the original hard copy."