160. Union Notification

Union notification is the formal, official notice that the State provides to exclusive employee organizations to inform them that the State intends to alter one or more of the employment conditions subject to bilateral collective bargaining as described by the Ralph C. Dills Act (formerly State Employer-Employee Relations Act).

Note: Review each Memorandum of Understanding for requirements on union notification and specific time frames and conditions.

Purpose

Union notification initiates discussion between the State and the exclusive employee organizations regarding the alteration of the employment conditions.

Initiating Party

Most of the employment conditions requiring union notification will typically fall under the purview of DPA’s Labor Relations Division, which will take responsibility for initiating the union notification. CCD and departments with delegation authority, however, have responsibility for union notification when the changes involve the State’s Classification Plan or other employment conditions that are part of CCD’s subject areas.

When Required

The following actions will require union notification if the affected class(es) or incumbents in the affected class(es) are designated rank and file or supervisory:

  • Class establishment or class revision
  • Change to a class work week group
  • Change to a class probationary period
  • Revision to the minimum qualifications of a class
  • Use of the New Programs Consultant class
  • Change to Special In-Grade Salary Adjustment criteria
  • Change to alternate range criteria
  • Layoff
  • Any other classification changes made through the SPB non-hearing calendar

When Not Required

Typically, union notification is not required for the following:

  • Changes that only involve managerial-designated classes
  • Hire-Above-Minimum requests
  • Temporary assignments

Responsible Party

In all cases, union notification should be made by and through DPA. Do not release any contact or correspondence on classification proposals without DPA approval.

Note: For managerial-designated classes, user departments are responsible for notifying affected employees of the changes and assuring that there is no opposition to the proposal.

Union Notification Process

It is the CCD analyst’s responsibility to assure that proper and timely union notification occurs.

When Issued

Union notification should be sent to the impacted union(s) early enough to provide a reasonable length of time for the State and exclusive employee organization to discuss the change(s) prior to the anticipated implementation date.

In most cases, MOUs provide explicit time frames for union notification whenever classification changes are involved. In these cases, the MOU is a controlling document which CCD staff or departments with delegation authority must adhere to.

Notifications

(Please refer to the appropriate MOU for information on union notification requirements.)

Note: Some MOUs require two separate notifications to be issued.

If outlined in the MOU, the first or [[preliminary notification]] is sent during the preparatory stages of the classification proposal and follows a standard format. Send a copy to the appropriate DPA LRO.

Typically the second or final notification is sent at least 20 working days (depending on the MOU) prior to the date that SPB is scheduled to adopt the proposal.

  • The second notification should include the final proposal of the SPB Board Item package. Here is a sample [[transmittal memo]] for the package.
  • The sample letter may be adapted to fit the specific proposal, but all of the applicable information shown in the sample must be included. Send a copy to the appropriate DPA LRO.
  • Also see Section 105.

Notifications to the Union should not disclose any salary information unless cleared through the appropriate DPA LRO. Only the DPA LRO may discuss salary information with the Union.

Documentation of Notification

Provide documentation of the appropriate union notifications within the “Consulted With” Section of the SPB Calendar Item. (See Section 100 for standard Calendar Item wording.)

Copies of the union notification memoranda should be retained with the “approved rough draft” file to document the contacts. Departments with delegation authority should send the union notification and “approved rough draft” to the CCD analyst for contract documentation.

“Pulling” Scheduled Items by Unions

The process provides that if DPA has lived up to the terms of the MOU, the union may not pull the item within four working days of the Board date. This is why the notification requirements must be met and documented. In order to pull the item, the union must provide specific merit-related reasons to SPB in writing.

Clearance of Other Classification Changes

Employees who are affected by changes to managerial-designated classes should be notified of the changes. Departments have responsibility for making this notification; however, CCD analysts and departments with delegation authority should verify that this requirement has been met and that there is no opposition to the proposal.

Meet and Confer Requests

If the union contacts the CCD analyst and requests a meeting, the CCD analyst will notify the LRO responsible for the unit and the department which initiated the classification proposal. The LRO shall schedule the meet and confer with the union.

The LRO will meet and confer with the union. The CCD analyst and a representative from the department that initiated the classification proposal will assist. The CCD analyst will be responsible for recommending an appropriate salary range to the LRO; and, the department representative must provide a Form 137 certifying the availability of funds (in the amount ultimately agreed upon with the union). The LRO, as Chief Negotiator, will be responsible for negotiating proposals with the union.

The salary agreed on as a result of meeting with the union will be reduced to writing by the LRO. The LRO and union will sign the agreement.

The CCD analyst will be responsible for coordinating documentation (Pay Letter) to implement the salary range based on the agreement reached between the LRO and the Union.