State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2004-050

  DATE:
  September 28, 2004

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  PERB Decision - CSEA and Union Leave

  CONTACT:
  Chris Thomas, Labor Relations Counsel
  (916) 324-0512, CALNET 454-0512
  FAX: (916) 323-4723
   
  Email: ChrisThomas@dpa.ca.gov


  On February 4, 2004, the Public Employment Relations Board 
  (PERB) issued its decision (# 1601-S) on Case No. SA-CO-
  237-S.  This was an unfair labor practice charge filed by 
  the Department of Personnel Administration (DPA) against 
  the California State Employees Association (CSEA).  The 
  basis of the charge was that CSEA unilaterally changed its 
  practice for approving union leave and that change impacted 
  the State's ability to collect reimbursement due. 
  
  The State prevailed in this unfair labor practice and the 
  PERB ordered, in pertinent part, that CSEA: 
  
  "Reimburse the State of California for all Union leave 
  which the State granted to CSEA members in accord with the 
  prior practice but whose leave requests were not signed by 
  the CSEA general manager.  The reimbursement shall include 
  interest at the rate of 7 percent beginning 30 days after 
  the first date on which the State submitted invoices to 
  CSEA that were subsequently denied because the Union leave 
  request forms had not been signed by the CSEA general 
  manager."  
  
  Accordingly, DPA is requesting all state departments to 
  review their Union leave records for the period of January 
  2001 through February 2004, inclusive, and identify any 
  unpaid reimbursement or late payments because the forms 
  were not signed by the CSEA general 
  PML 2004-050
  September 28, 2004
  Page 2
  
  
  manager.  Departments should calculate the amount of Union 
  leave due and, if the union has already paid, the number of 
  days late the invoice was paid.  Please provide your 
  information to the DPA Legal Division (Attention: Chris 
  Thomas) by October 20, 2004 so that DPA may recover all 
  monies due.  
  
  
  
  Franklin C. Marr
  Labor Relations Officer