State of California M E M O R A N D U M REFERENCE CODE: 2004-031 DATE: July 21, 2004 TO: Employee Relations Officers Personnel Officers Personnel Transactions Supervisors FROM: Department of Personnel Administration Labor Relations Division SUBJECT: Decertification Campaign - Bargaining Unit 7 CONTACT: Tim V. Virga, Labor Relations Officer (916) 324-9350 FAX: (916) 322-0765 Email: TimVirga@dpa.ca.gov The Department of Personnel Administration received a letter from the Teamsters Local 228 informing the State that they have initiated a decertification effort in Bargaining Unit 7, currently represented by the California Union of Safety Employees (CAUSE). Generally, any employee organization making a decertification attempt is entitled to access State employees for purposes of organizing, as long as such access is during non-work time and is in non-work areas. Non-work time is defined as lunch periods, regularly scheduled rest periods, and time before and after work. Non-work areas are defined as the cafeterias, employee break rooms, building foyers, and other locations accessible to the general public and CAUSE. Campaign literature may be left in places where employees congregate, such as cafeterias, as long as these areas are accessible to the general public. The use of bulletin boards is subject to your own departmental policy according to the non-work time and area criteria discussed previously and may not diminish the space presently offered to CAUSE. The use of internal mail systems to distribute campaign literature is not permitted. If you have questions regarding specific requests for access, please contact the Labor Relations Division immediately. PML 2004-031 July 21, 2004 Page 2 Please inform the managers and supervisors in your departments that the role of State management in a decertification campaign is one of strict neutrality during this period. State management, supervisory, and confidential employees must not participate in any campaign activity. If you have questions regarding this PML, please contact Tim V. Virga, Labor Relations Officer, at (916) 324-9350. Sincerely, David Gilb Chief of Labor Relations