State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2000-051

  DATE:
  August 11, 2000

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  Management Conduct During Rescission Election

  CONTACT:
  Gerald B. Radeleff, Labor Relations Officer
  (916) 324-0476, CALNET 454-0476
  FAX: (916) 322-0765
  Email: JerryRadeleff@dpa.ca.gov


The purpose of this memorandum is to advise excluded employee's (managers and supervisors) of the Bargaining Unit 1 Fair Share Rescission Election scheduled to be conducted from September 8 through October 19, 2000.  This election will determine if the "fair share" provisions currently in the Bargaining Unit 1 contract will remain in force or be rescinded.  It is imperative that all managers and supervisors maintain absolute neutrality during the election.  The following information is provided to assist excluded employees and ensure that each manager and supervisor fully understands his/her role during the election.

As mentioned above, the role of all state managers and supervisors during the election period is one of strict neutrality.  If rank and file employees ask questions regarding this rescission election, no opinion should be offered; the employee should be referred to the Public Employment Relations Board (PERB).  Each Election Notice, which will be posted during the election, displays the PERB phone number.  Therefore, employees should be directed to contact PERB directly concerning any question or issues relating to the election.  Under no circumstances should a manager or supervisor attempt to answer any questions or contact PERB on behalf of an employee.  Remember, the role of all excluded employees is one of strict neutrality. Excluded employees should offer no opinions, positions or recommendations, either orally or in writing.


  Although the outcome of this election does not directly 
  involve the State, managers and supervisors may receive 
  requests from either California State Employees Association 
  (CSEA) or the Petitioner to provide equal access to 
  Bulletin Boards, meeting rooms, internal mail distribution 
  and/or e-mail systems. All State agencies must adhere to 
  the following:
  
  1.  BULLETIN BOARDS:
  CSEA may post election materials on Union bulletin boards.  
  Upon request, the petitioning group may post election 
  materials on public bulletin boards.  A department does not 
  have to provide a bulletin board where none exists.
  
  2.  MEETING ROOMS:
  Both parties may request to use certain meeting rooms, in 
  advance, subject to the operating needs of the State.  
  Public meeting rooms in State facilities should be made 
  available under department rules for the petitioner and 
  under the contract for CSEA.  A department is not required 
  to make a room available where none has existed before.
  
  3.  INTERNAL MAIL DISTRIBUTION:
  Both parties must have equal access to the departmental 
  mail system.  If a department allows for distribution of 
  Union literature as a matter of policy utilizing the 
  internal mail system, then during the course of this 
  election, the petitioning group will have the same access.  
  A department, which does not allow the use of the internal 
  mail system, does not have to change its policy and neither 
  group may use the mail system.
  
  4.  E-MAIL USE:
  Under the terms of the Unit 1 contract, Section E, 
  distribution of Union Information, the Union is permitted 
  incidental and minimal use of State electronic 
  communications systems for communication of Union 
  activities as the departments permit for other nonbusiness 
  purposes.  During the rescission election the same standard 
  must be applied to the petitioner.  As with the mail 
  system, if an agency does not permit use of e-mail for non-
  business purposes, there is no requirement to modify the 
  policy.
  
  If questions arise concerning other subjects not covered 
  above, excluded employees are encouraged to contact their 
  departmental Labor Relations/Personnel Office for guidance 
  or feel free to contact DPA.
  
  Please direct questions to Gerald B. Radeleff, Labor 
  Relations Officer, DPA.
  
  
  
  
  
  Gloria Moore Andrews
  Chief of Labor Relations