State Bargaining 2008 - 2009

Representing the 1800 doctors employed by the State of California in this round of negotiations are:

Back Row (l to r):
Dr. Bryan Quattlebaum, Department of Health Care Services
Dr. Mubashir Farooqi, Department of Mental Health
Dr. Cuong Nghiem, Department of Developmental Services
Sandra Semien, UAPD Labor Representative
Dr. Georgia Thomatos, Department of Corrections and Rehabilitation

Front Row (l to r):
Al Groh, UAPD Executive Director
Dr. Stuart Bussey,  Department of Social Services
Zegory Williams, UAPD Senior Representative, Chief Negotiator

 

 

State Update for August 7, 2009

The July 31st bargaining session marked fourteen months of negotiations between UAPD and the State of California.  UAPD has come to the bargaining table 25 times during that period, and still there is no contract.  Not one state-employee union has been able to settle a contract with the State of California since 2007.   
 
While some tentative agreements have been reached in our negotiations, there remains a list of proposals that are still unresolved.  The open proposals include language on furloughs, on-call, CME, holidays, salary equity, and a bonus plan, among others.

At the July 31st meeting, the DPA engaged in regressive bargaining when it rescinded a conceptual proposal it had made at an earlier bargaining session, which would have lowered the number of furlough days to one per month.  The state also went back on its Tentative Agreement to continue the "Rural Healthcare Equity Program" --they now want to eliminate the $1500 per year healthcare supplement that doctors living in rural areas now receive.  It is clear that even with the budget in place, the DPA has little interest in moving forward towards an agreement with UAPD.  Instead, they are taking significant steps backward.

The UAPD Bargaining Team chose to withdraw a Tentative Agreement it had made regarding the "No Strike" clause of our contract.  No future bargaining dates have been scheduled.

As some State-employee unions have begun taking strike votes, the UAPD Bargaining Team is now more than ever interested in hearing feedback from all its members about these negotiations.  In the coming days members will receive a summary of the last 14 months of bargaining and a survey to complete. Please do take the opportunity to tell the UAPD Bargaining Team exactly what you think of the State's bargaining practices, and what you believe would be our Union's best response.

El-Sabaawi Watch: Day 159 without Medical License
Mohamed El-Sabaawi, the court-appointed monitor at five Department of Mental Health Hospitals, has been working without a valid medical license since February 28, 2009.   UAPD encourages doctors who have seen El-Sabaawi practice medicine since February to contact UAPD Labor Representative Jim Moore at 916-442-6977.

 

State Update for June 10, 2009

UAPD representatives met with the Department of Personnel Administration (DPA) on June 9th to discuss the possibility of layoffs for Bargaining Unit 16.  It is the Union’s belief that the State of California has a shortage of doctors in its ranks, and that the cuts ordered by the Governor should not be a reason to lose the qualified, trained doctors the State currently employs.   Here is the situation for our group as of this latest meeting:

1.            Fewer than ten UAPD doctors have been given layoff notices.  In addition, a small number of our doctors have agreed to accept new positions to avoid being laid off.     

2.            The DPA has not implemented the additional 5% cuts that Governor Schwarzenegger proposed in response to the May Budget Revise.  It is not yet known whether the legislature will approve the proposed cuts, or how the Governor will proceed if the cuts are not approved, or how cuts would affect our bargaining unit.     

3.            Almost all of the doctors who have received layoff notices work at the Yountville Veterans’ Home.  It seems that the State Department of Veterans Affairs is using the budget cuts as an opportunity to slash medical services for the 1,100 veterans who reside at the home.  Together with the medical staff, UAPD is fighting to prevent the closure of the MOD program and the acute care unit of the Home’s on-site hospital.  On June 9th UAPD President Stuart Bussey, along with UAPD and AFSCME staff members, testified before a special hearing held by State Senator Jeff Denham, Chair of the State Veterans Affairs Committee.  In response to their testimony, Senator Denham is considering holding public hearings in Yountville on the cuts to the medical services.  Dr. Bussey has also protested the Yountville cuts in the media.           

4.            UAPD attorneys this week filed a suit against the State of California arguing that doctors who are paid from federal funds or from the State’s Special Funds (monies from specific sources with restricted uses) should not be subject to furloughs, which are intended to address shortages in the state’s General Fund.  A significant number of our doctors, including those employed by DSS, DPH, and DHCS, are paid out of these federal or special fund sources, and, in our view, should not suffer furloughs.    UAPD will update members as the case progresses.

5.            Equally unacceptable in these times is the use of contractors to do work that should be done by civil service doctors.  At the bargaining table UAPD continues to push for limits on contracting, and continues its legal case against the particularly egregious use of contractors at Atascadero State Hospital.

UAPD will meet again with the DPA on Tuesday, June 16, 2009.  We will continue to update members as new information arises.  Please contact UAPD staff or a Bargaining Team member if you have any questions or concerns. 

 

 

State Bargaining Update for May 6, 2009

The UAPD Bargaining Team met again with representatives from the Department of Personnel Administration (DPA) on Tuesday, May 5th.  The state countered our on-call proposal, offering language that would prevent a doctor from having to work seven consecutive on-call days and would separate dentist and psychiatrist call from physician call.  The state rejected the remainder of our proposal, including our call for increased on-call compensation.  The DPA also rejected UAPD's proposal for an improved bonus plan for Department of Social Service (DSS) doctors.  Because this bargaining session did not result in an agreement, more dates have been scheduled, reaching into June.

As you know, the pace of negotiations has been frustratingly slow, not only for UAPD, but for all the unions representing state workers in California.  The one union that did sign an agreement at the bargaining table has already seen that agreement rejected by the legislature.  Unions that remain in negotiations, including UAPD, AFSCME, IUOP and CCPOA, have begun meeting together to explore joint strategies for making the state reach agreements with its workers.  Together we are pushing for meetings with legislators who we believe could lead the state out of its current holding pattern.

As these efforts continue, the UAPD Bargaining Team remains committed to reaching the best possible agreement, and refuses to rush into any contract that would be detrimental to state doctors and their patients.  The patience, trust, and support of the overwhelming majority of UAPD members have been key to our team's steady approach in these negotiations.  As always, if you have any questions or comments, feel free to call a steward, officer, or staff member of UAPD.

In other news, an agreement between UAPD and the DPA to consider as pensionable the bonus pay earned by Department of Social Service (DSS) doctors was challenged last month by Public Employee Retirement System (PERS) officials.  After discussions with PERS, UAPD believes their decision is based on a faulty understanding of the bonus program.  UAPD attorneys are gathering evidence to demonstrate that the bonus pogram does fulfill all PERS criteria for inclusion in the pension system, and will deliver that evidence soon.  Stay tuned. 


State Bargaining Update for April 9, 2009

Negotiations between the UAPD Bargaining Team and representatives from the State of California took place as scheduled on April 7, 2009.  As of this date, several proposals have been agreed to, but because major issues remain unresolved, bargaining will continue.  The next bargaining session will be held on May 5, 2009.

The UAPD Bargaining Team has made clear that our doctors deserve furlough and holiday language that is equal to that offered to other state workers.  We have proposed a limit of seventeen furlough days (equivalent to one per month during the course of the program) and the creation of two floating holidays to compensate for the reduction in holiday time.  The State has not yet responded to this proposal.     

There has been some progress at the table.  The State has signed off on new, UAPD-proposed language governing discipline.  Once the contract is ratified, the State must notify the Union upon launching an investigation of any Doctor, then update the Union every 90 days for as long as the investigation remains open.  This language will help the Union offer timely assistance to all Doctors, even those who may not be aware of their rights.  This TA joins other language agreed to over the summer.  Both sides at that time agreed to UAPD’s proposal to make rest periods an entitlement for doctors, rather than something that a doctor "may" receive.  UAPD also won language that states that unpaid leaves "shall not be unreasonably denied."  Under this new language, the granting of brakes and of unpaid leaves will not be left solely to the discretion of individual managers. 
  
In an unexpected turn of events, the Department of Personnel Administration (DPA) is now challenging CalPERS over its rejection of a recent agreement between UAPD and the DPA.  In a previous bargaining session, the DPA agreed with UAPD’s position that bonuses earned by Department of Social Services (DSS) Medical Consultants should count toward their pensions;  the DPA soon after issued a pay letter reflecting that fact.  Now comes word that CalPERS believes such bonuses are not pensionable.  The DPA is in discussions with CalPERS to rectify the situation in favor of these doctors, and UAPD stands ready to intervene legally against CalPERS if the DPA is not able to persuade them of the legitimacy of our agreement.    We will keep members, DSS doctors especially, informed of what comes out of these talks. 

Both sides will bargain again on May 5, and an update will follow.  As always, please contact your steward or local UAPD office with questions. 


State Bargaining Update for March 27, 2009

Negotiations continued this week between the UAPD Bargaining Team and representatives from the State of California.  Major issues are still unresolved, therefore negotiations will continue into April.  The next scheduled bargaining date is Friday, April 7th.  The Bargaining Team will also meet on April 2nd for an additional caucus day. Updates will follow.  Feel free to contact your steward or labor representative with any questions.


State Bargaining Update for March 13, 2009

Negotiations continued this week between the UAPD Bargaining Team and representatives from the State of California.  Major issues are still on the table, with recent talks focusing on the furlough plan, the on-call program, the DSS bonus plan, and voluntary personal leave.   UAPD continues to fight for the best possible package for all represented doctors, despite the budgetary limitations that have followed us into 2009.

To date, the State has not proposed laying off any of our represented members, and at the table we continue to emphasize the importance of keeping our bargaining unit intact.  We believe the work of the State requires more doctors, not fewer, and that laying off our members would be the worst possible way to trim the budget.  We have also made clear that take-aways, in salary, health care, or any other part of the contract, are a similarly unacceptable way to make ends meet.  With those principles in mind, we will return to the Bargaining Table again next week and provide another update soon after.  In the meantime, feel free to contact your steward or labor representative with any questions.

2/20/09:  State Budget Settled, Negotiations over Surplus Notices, Furloughs, and Contract to Continue Next Week
 
On Thursday February 19, 2009 State Legislators passed a budget that the Governor is expected to sign today, bringing to an end more than three months of political deadlock in Sacramento.  UAPD has been actively lobbying to remove doctor layoffs from the budget-balancing equation, and will continue to push the State to rescind the surplus notices that some members of our bargaining unit, along with 10,000 other state workers, have received in recent days.  Next week Tuesday and Thursday, UAPD will meet to negotiate with representatives of the Department of Personnel Administration (DPA) over rescinding these layoff notices and will notify members via e-mail and the website as soon as news is available.

Also in next weeks' meetings with the DPA, UAPD will continue to negotiate over the terms of the furlough plan and over our contract as a whole.  With the budget in place, there is a greater chance of making progress on these talks in the near future.  UAPD remains committed to winning the best possible outcome for represented doctors, both in the furlough talks and in the larger negotiations, and hopes that our perseverance in these matters will be rewarded.  As always, the patience and support of the members is appreciated.  Look for more news next week, after negotiations on February 24th and February 26th.

Correction No Layoff Notices Sent

2/12/09:  President Bussey Updates Members on Bargaining and Furloughs

Dear State Colleague:

This past Friday many of us experienced our first mandatory furlough day.  Some doctors worked, some relaxed at home, many were still understandably confused.  Are these furlough days really legal and will they be fairly implemented?  Should federally monitored or funded doctors, such as those working in CDCR, DSS and DHCS/PHS, take any cuts at all?  Superior Court Judge Marlette and the Governor seem to think so.  But the Prison Receiver, Federal Agencies (CMS, Social Security), UAPD and other unions are still seeking legislative and legal answers to these questions.  While legal work and political lobbying go on, I want to share with you some strategies UAPD is taking in our negotiations with the Department of Personnel Administration (DPA).

 

Those of you who have signed up for bargaining updates via e-mail or have visited the UAPD website (www.uapd.com) know that the Union has made a proposal to substitute voluntary leave days for furlough days.  Under our voluntary leave proposal, doctors would be able to choose the number of unpaid leave days per month they would accept, and would have the ability to bank those days for later use. The online poll conducted by UAPD shows that about 66% of our members would be willing to take two voluntary leave days off (no pay, but time is banked) each month until 6/30/2010.  We have presented the results of this survey to the DPA and continue to ask them to allow all UAPD represented doctors to choose voluntary leave days rather than face mandatory furlough days over the coming months. 

 

And it is important that, whatever is negotiated, the plan is fairly applied to all doctors, which was not the case for the February 6^th furlough day.  The Union has learned that some departmental managers implemented the furlough program in a way that made the cut even harder to take—for instance, by requiring doctors to work on February 6^th then distribute their unpaid time-off over the rest of their scheduled work days, making it impossible for these doctors to enjoy a full day without work.  We have already communicated to the DPA the importance of the fair and consistent implementation of whatever cost-saving plan is negotiated.           

Under either a voluntary leave or mandatory furlough plan, it is obvious that a 10% cut in staff time promises to create a 10% cut in services, not a good thing in a system already straining to treat all who need care.    We are all aware of the State's liberal use of contracted physicians and dentists to fill in coverage gaps. We have demonstrated to DPA and other Departments how expensive, wasteful and bad for patient care that contractors are.  Our Bargaining Team has calculated that, in the past two years alone, the state has spent over $346 million in just CDCR contracts.  Moreover, we have proposed some logical solutions to the problem.  UAPD represented physicians should be offered Bargaining Unit 16 positions currently occupied by contractors.  The State should freeze all contractor reimbursement increases.  And the State should open positions that allow doctors to work extra hours.  If hours become available, our members should have the opportunity to capture an additional appointment, as described in Section 7.13 of our MOU.  Now is the time to break the State of California of its unhealthy addiction to contract workers, so we will continue to fight for these changes at the Bargaining Table.

  

Other important contract issues remain open.  We are talking with the Receiver's Office about being more flexible and creative regarding the prison on-call system, for example, by offering  higher hourly reimbursement and CTO.  Other solutions we’ve proposed include posting an additional appointment (Section 7.13) for prisons with particularly heavy on-call demands, allowing a pooled call arrangement amongst our members, and creating MOD opportunities.  In addition we have already presented language to the State that would allow Medical Staffs to become more involved with peer review issues.  Court sanctioned practices like PPEC and Mortality Review must not trample the rights of our members.  There is already a significant bright spot in negotiations---we have been able to secure a written commitment that all bonus moneys earned by DSS physicians is pensionable.  And we intend to propose a revitalized bonus plan for these doctors.

 

We thank UAPD members for their continued interest and support during the most difficult negotiations in memory.  The U.S. and California are in dire economic shape today.  But the budget will be passed.  The Feds will help our state recover.  The economy will improve.  In the meantime, our Bargaining team continues to fight for fairness and accountability.   

 

To receive e-mail updates and participate in online polls, please update your e-mail address by visiting the “Contact Us” page on the UAPD website (www.uapd.com) or by sending an e-mail with your name and work location to the UAPD Oakland Office (uapd@uapd.com).  Check the UAPD website frequently for new developments.

 

In Solidarity,

Stuart A. Bussey, M.D., J.D.

UAPD President

 

State Bargaining Update for January 15, 2009 and Furlough News

UAPD Part of Massive Challenge to Governor’s Furlough Plan

UAPD is part of a coalition of unions that is challenging the governor's furlough plan in court.   The hearing date for the union-sponsored cases has been set for Jan. 29.  Union attorneys will argue that the governor lacks the power to arbitrarily cut state worker salaries and work hours under both the California constitution and government code.  To balance his budget, the Governor seeks to saddle state employees with two unpaid days per month starting Feb. 6.

Other Furlough News
Six statewide elected officials, including State Controller John Chiang, are refusing to implement Schwarzenegger’s furlough plan in their own offices.   According to the Sacramento Bee, “Schwarzenegger's executive order -- which applies to most state workers -- cannot be mandated on the offices of California's statewide elected officials.”   Chiang's chief of staff said that instead of cutting the pay of workers in the State Controller’s office, Chiang will "propose alternative cost savings and revenue-generating solutions which will meet -- or even exceed -- those related to furloughing or laying-off  employees.”   
UAPD is also proposing alternatives to the furlough plan in meetings with the Department of Personnel Administration this week.  For instance, throughout the latest round of bargaining UAPD has been pressing the DPA to agree to replace expensive outside contractors with currently-employed civil servant doctors by allowing them to accept more than one appointment simultaneously.  UAPD is urging the state to adopt this sort of prudent cost saving measure rather than cut worker pay across the board. 

       
State Bargaining Update
Bargaining was put on hold for the month of December, as the budget crisis has left the DPA without the authority to bargain productively over economic issues.  Bargaining is set to resume at the end of January.  

State Bargaining Update for November 20, 2008

Just like you, we keep waiting and waiting and waiting... 

Negotiations between the UAPD's Bargaining Unit 16 and the State are on hold through the month of December.  In the last negotiations meeting, November 20, 2008, the State presented two takeaway proposals regarding holidays and furloughs. The State is proposing to take two holidays from the BU 16 employees' current thirteen holidays.  The State is also proposing that each State employee be required to take one furlough day a month, for the next nineteen (19) months.  The BU 16 Negotiations Team is still in discussions with the State regarding CME reimbursement, On-Call hours and compensation, payment of board certification fees, liability insurance and other monetary proposals. 

Negotiations will resume in January, 2009.  Hopefully, the State will have a clearer understanding of its budget crisis and the BU 16's constructive proposals.

Thank you for your patience.  We’ll continue to keep you updated on a regular basis.

State Bargaining Update for October 9 and 16, 2008

The 2008 Budget season will surely be remembered as one of the most difficult in California history, and, unfortunately for State employees, it's not over yet.  When Governor Schwarzenegger signed the budget into law on September 23^rd, the UAPD team looked forward to bargaining over pressing economic issues right away.  However, by the time of the October 9th bargaining session, the State's Team still lacked authority to negotiate over economic issues, and Governor Schwarzenegger was proposing that Legislators return to Sacramento for a special session to rework the budget in light of troubling new revenue data.   While some unions have decided to postpone bargaining until November in light of this most recent delay, the UAPD team will continue to bargain over non-economic issues in the coming weeks, as progress is being made in some areas.  The UAPD team appreciates the patience of all the doctors in the bargaining unit, who have remained steadfast in light of the frustrating delays. 

Bargaining took place on October 9th and October 16th.  Among the topics covered were:

Additional Appointments (7.13):  In our last round of bargaining, UAPD won landmark language that encourages the State to temporarily staff unfilled positions by allowing Civil Service employees to pick up additional appointments, rather than handing the positions to expensive and inexperienced contractors.  In this round of bargaining, we are proposing ways to clarify the language to encourage the departments who have not made use of the program to start doing so.

Continuing Medical Education (9.7):  UAPD has proposed that the annual CME funding be increased from $1000 to $1300 in 2009, and that starting immediately upon ratification, all CME money be distributed automatically to each doctor every year, eliminating the cumbersome reimbursement process that now exists.  The State presented its argument for improving the current reimbursement process, while the UAPD team vociferously defended our position that the current process is so imperfect that it is better replaced by a simple automatic payment.   

Conflict of Interest:  UAPD proposed new language to create a fair and transparent process allowing physicians who are accused of a conflict of interest to present evidence in their own defense.      

Our next day of bargaining is on Thursday, October 30^th.  Look for another update following that session.

 

State Bargaining Update for September 25, 2008

Our most recent session of bargaining took place on Thursday, September 25.  The following topics were covered in the latest session:

State Budget Settlement:  Governor Schwarzenegger signed the State budget on September 23rd after an 85 day impasse.  The long delay had among its many negative impacts a slowing down of the pace of our negotiations, as the State Team has been unable to provide substantial responses to our economic proposals without the guidance of a State budget.  With the budget now in place, we expect the State Team to return to the table for our next bargaining session on October 9th with full authority to bargain over economic proposals.  The UAPD team will be caucusing all day on October 7th in preparation for the meeting on the 9th.  In other budget related news, most of the 10,000 temporary workers, including retired annuitants, who were laid off under Schwarzenegger’s Executive Order will remain laid off, possibly until the Governor’s Executive Order expires in June 2009, or until the legal contest between the Governor and State Controller John Chiang is settled.  That case reaches a Sacramento federal court on October 29th.  UAPD has filed a legal brief in support of Controller Chiang and will continue the legal fight against the Governor’s Executive Order until every laid off employee is returned to work. 

Grievance and Arbitration (6.11) – UAPD has proposed strengthening our grievance and arbitration rights by adding language that requires that an arbitrator be scheduled to hear a grievance within 60 days of the Union making the request for arbitration.  The State countered our proposal, and in this week’s session, UAPD submitted a counter proposal to the State.

Health, Dental, Vision Benefits (11.1) – UAPD proposed a continuation of our current health, dental and vision benefits.

Rollovers -- Taking into account the multiple sections in each of the articles and side letters, our contract covers about 130 separate issues, not all of which need to be renegotiated in every round of bargaining.  When both the Union and the Employer agree that a particular section of the contract requires no change, a tentative agreement is reached on the existing contract language.  The UAPD team has been carefully reviewing the contract to see where we believe the current language is best left unchanged, and this week we tentatively agreed to several more articles we are happy with in their current form. 
Our next day of bargaining is on Thursday, October 9th.  Look for another update following that session.  You can find previous bargaining updates at:
http://www.uapd.com/wiki/uapd/read_more_about_state_bargaining


State Bargaining Update for August 27, 2008

The following topics were covered in the latest session:

Information Request – In a turnaround from last week, CDCR has agreed to provide the requested information about discipline and contractors to UAPD. 

Use of State Equipment (3.1) – UAPD and the State rolled over the existing language on the use of State equipment after the State clarified that under the current language Union Stewards can use state e-mail for informational purposes.

Grievance and Arbitration (6.11) – UAPD proposed strengthening our grievance and arbitration rights by adding language that requires that an arbitrator be scheduled to hear a grievance within 60 days of the Union making the request for arbitration.  Both sides are moving closer to an agreement on this article, with the State opting to write a counter to our proposal for the next session. 

Flexible Work Hours (7.1) – UAPD proposed voluntary 12–hour shifts as an option for members of our bargaining unit.  Those choosing the option would work six 12-hour shifts and one 8-hour shift in a two week period.  We are awaiting the State’s response.

Proposal to Increase Vacation Leave (9.1) – Two weeks ago, UAPD proposed that employees accrue between two and four extra hours of vacation credit each month.  The State responded that it is not interested in increasing vacation leave.  The Union is preparing its response.

Unpaid Leaves of Absence (9.6)  -- UAPD proposed amending current contract language so that unpaid leaves “shall not be unreasonably denied,” and the State granted us a tentative agreement on the article.  Under the newly agreed-upon language, the granting of unpaid leaves is not left solely to the discretion of individual managers.

Proposal to Increase Annual Leave (9.9) – Two weeks ago, UAPD proposed that employees enrolled in the annual leave program accrue between two and four extra hours of annual leave credit each month.  The State is now working on a counter proposal.

Enhanced Non-Industrial Disability Insurance (ENDI) (9.17) – The State has proposed a rollover of current language that offers ENDI to the bargaining unit.  UAPD continues its comparison of ENDI and State Disability Insurance (SDI) to determine which program better fits the needs of our members.  UAPD has requested additional visits from ENDI and SDI experts to answer our remaining questions, and we will not respond to the State’s proposal until we have a clear sense of which program best suits doctors.   

Rollovers -- Taking into account the multiple sections in each of the articles and side letters, our contract covers about 130 separate issues, not all of which need to be renegotiated in every round of bargaining.  When both the Union and the Employer agree that a particular section of the contract requires no change, a tentative agreement is reached on the existing contract language.  The UAPD team has been carefully reviewing the contract to see where we believe the current language is best left unchanged, and this week we tentatively agreed to several more articles we are happy with in their current form. 

Our next day of bargaining is on Tuesday, September 9th.  Look for another update following that session. 


Bargaining Update August 21, 2008

The following topics were covered:

Information Requests  –  UAPD has received most of the information we requested from the State on the use of contractors and the investigation of doctors.  However, CDCR has refused to provide some information, and claims to be unable to provide other information, despite the fact that all other departments have been able and willing to comply with our information request.  At the latest session of bargaining, UAPD clearly communicated to CDCR representatives that we have a legal right to the information we requested, that their stalling is not acceptable, and that we expect a complete response from them in the near future.    
 
Flexible Work Hours – Both sides discussed the possibility of introducing voluntary 12–hour shifts as an option for members of our bargaining unit.  UAPD plans to introduce language on the issue in an upcoming session.  

Acting Assignments – While the State seeks to roll over existing language on acting assignments, UAPD requested that the State first address some of the problems it has in abiding by that language.  In particular, the Union is aware that some doctors are asked to hold acting assignments for far longer than the 120 day limit set out in the contract, which can create serious staffing problems when their official assignments go unfilled during that time. 

Voluntary Leave Program -- UAPD proposed resuming the Voluntary Leave Program, which would allow doctors to purchase 8-16 hours of additional leave time each month. 

Rollovers -- Taking into account the multiple sections in each of its articles and side letters, our contract covers about 130 separate issues, not all of which need to be renegotiated in each round of bargaining.  When both the Union and the Employer agree that a particular section of the contract requires no change, a tentative agreement is reached on the existing contract language.  The UAPD team has been carefully reviewing the contract to see where we believe the current language is best left unchanged, and this week we tentatively agreed to several more articles we are happy with in their current form. 

More Bargaining Dates – Both sides agreed to additional bargaining dates in September.

Our next day of bargaining is on Wednesday, August 27th.  Look for another update following that session. 


Bargaining Update for August 15, 2008

Our most recent session of bargaining took place on Thursday, August 15.  The following topics were covered in the latest session:

Information Request -- UAPD renewed our request for information on the investigation of doctors and hiring of contractors.

Arbitration Proposal (6.11) – UAPD proposed strengthening our grievance and arbitration rights by adding language that requires that an arbitrator be scheduled to hear a grievance within 60 days of the Union making the request for arbitration.  Under the current contract, it can take far longer for an arbitrator to be hired and a case resolved. 

Proposal to Increase Vacation Leave (9.1) – UAPD proposed that employees accrue between two and four extra hours of vacation credit each month.

Proposal to Increase Annual Leave (9.9) – UAPD proposed that employees enrolled in the annual leave program accrue between two and four extra hours of annual leave credit each month. 

Rollovers:  Taking into account the multiple sections in each of its articles and side letters, our contract covers about 130 separate issues, not all of which need to be renegotiated in each round of bargaining.  When both the Union and the Employer agree that a particular section of the contract requires no change, a tentative agreement is reached on the existing contract language.  The UAPD team has been carefully reviewing the contract to see where we believe the current language is best left unchanged, and this week we TA’d several articles we are happy with in their current form. 

Our next day of bargaining is on Thursday, August 21st.  Look for another update following that session.  



Bargaining Update for July 23, 2008

Our most recent session of bargaining took place on Wednesday, July 23.

Department of Social Services Information – On Wednesday, Robert Stavis from the Department of Social Services (DSS) gave a lengthy presentation in response to our information request of a number of weeks ago.  Our information request sought detailed information about staffing, caseload, funding, quality control, and other issues in DSS, and Stavis provided a great deal of data which we can use in support of our position that DSS physicians, who were not included in last year’s round of pay increases, are underpaid.  Dr. Stuart Bussey and Dr. Richard Dann took the lead in responding to Mr. Stavis, and raising appropriate follow-up questions.  The UAPD team continues to review the material provided by Stavis.

Rollover – Both the State and UAPD continue to identify those articles which need not be renegotiated in this round of bargaining.  On Wednesday, both sides agreed to rollover a handful of these articles.  The UAPD team continues to carefully review the entire contract, to identify all areas in need of improvement.

New Language – The UAPD team spent the afternoon of the 23rd writing the language of the next set of proposals we will make at the table.

Our next day of bargaining is on Wednesday, July 30th.


Bargaining Update for July 11, 2008

The UAPD Bargaining Team met with representatives from the State of California for the fifth time on Wednesday, July 11, 2008.  The discussion focused on the following:

Non-Economic Proposals:  Negotiations continue to focus largely on non-economic issues.  Economic issues, such as salary increases and benefit improvements, are typically handled in the later part of bargaining.  Please see previous bargaining updates for descriptions of the proposals that are currently under discussion.  UAPD achieved a victory when the State TA’d our proposal to make rest periods an entitlement for doctors, rather than something that a doctor “may” receive.

Rollovers:  Taking into account the multiple sections in each of its articles and side letters, our contract covers about 130 separate issues, not all of which need to be renegotiated in each round of bargaining.  When both the Union and the Employer agree that a particular section of the contract requires no change, a tentative agreement is reached on the existing contract language.  The UAPD team has been carefully reviewing the contract to see where we believe the current language is best left unchanged, and on Friday we TA’d eight articles that we are happy with in their current form.  The State was ready to TA several additional articles, but UAPD declined to TA those where we intend to propose improvements. 

Information Requests:  At this stage of negotiations, much time at the table is spent requesting and receiving data. UAPD continues to press the State to provided needed information on the discipline of doctors, use of contractors, funding for departments, and other matters, which our team will use to formulate proposals during the course of this bargaining. 

The next bargaining date is Wednesday, July 23.  Look for an update following that meeting.

 

Bargaining Update for July 9, 2008

Bargaining Update:  The UAPD Bargaining Team met with representatives from the State of California for the fourth time on Wednesday, July 9, 2008.  The following topics were among those discussed:

Contractors:  The State began to provide the information UAPD requested about the number of outside contractors doing bargaining unit work in the various departments.  We were not surprised to learn that Atascadero State Hospital continues to show the greatest problems in this area, with an unacceptable 48 positions held by contractors.   DMH Chief of Labor Relations Candace Murch confirmed that the state had significantly reduced the wage offered to contractors in this latest round, with the hope that many of the contractors would see permanent employment as a more attractive option.  In general, UAPD knows that the large number of contractors in many agencies is evidence of a recruitment and retention problem that can be corrected only by making improvements in this round of bargaining.

Discipline of State Doctors:  Once again, the State was not prepared to give us the information we requested about doctors currently facing disciplinary procedures.

AB 3043:  As previously reported, AB 3043, the bill that finalizes the last of the 2007 salary increases, was signed into law last week.  In bargaining the State team informed us that they hope to get pay letters and the first pay checks out in August.  Doctors awaiting these raises should look for a separate check with money retroactive to January 1, followed by an increase on their regular paychecks, in August.  See http://www.uapd.com/wiki/uapd/state-employed_doctors for more information.

DHCS and DPH Funding:  Dr. Quattlebaum presented a detailed information request  at the table, in which the Union sought better information on the recruitment, retention, and funding of doctors in DHCS and DPH.  The information request was similar to a request made about DSS by Dr. Bussey in an earlier meeting.  The State has agreed to respond to the DSS information request on July 23, and will respond to the request for DHCS and DPH information after that.

Membership Fees:  UAPD proposed that Dental Consultants be reimbursed for the cost of their required ADA, CDA, and county dental association memberships. 

DMH Question and Answer:  Candace Murch of DMH responded to the Union's questions on a number of issues.  Murch will look into the fact that some managers are taking call assignments that should be offered to bargaining unit doctors.  Both sides agreed to meet separately over the mortality review policy.  We had a lengthy discussion of the efficacy of the recovery model and its mall hour requirement, but DMH showed no willingness to adjust the policy.  Murch stated that the program will have to be fully implemented over five years before DMH could evaluate its effects.

Rollover:  The State proposed continuing ten contract articles without change.  The team will review the proposals, and will make counterproposals on those articles that we believe should be improved.   

The next bargaining date is July 30.

Bargaining Update for June 23, 2008

The UAPD Bargaining Team met with representatives from the State of California for the third time on Monday, June 23, 2008.  The following topics were among those discussed:

• Continuing Medical Education (CME)  -- UAPD proposed that the annual CME funding be increased from $1000 to $1300 in 2009, and that, starting immediately upon ratification, all CME money would be paid automatically to each doctor every year.   Under our proposal, Doctors would no longer endure the lengthy and uncertain process of requesting reimbursement from the State.  The State Team indicated that it would address our CME proposal closer to the end of bargaining, when both sides will negotiate over economic issues.   
• Discipline of State Doctors --  UAPD proposed that the State notify the Union upon launching an  investigation of any Doctor, then update the Union every 90 days for as long as the investigation remains open.  
• State Disability –  Last week representatives of the State of California gave a presentation on the State Disability Insurance (SDI) Program.  This week, State representatives gave a presentation on the Non-Industrial Insurance Program (NDI) to which State Doctors currently belong.  The UAPD Bargaining Team is comparing the two plans to decide which better serves the needs of our members, and will update members about its conclusions in the coming weeks.
• Outside Contractors – The UAPD Team continues to push the State to provide information about contractors doing bargaining unit work.

Last week the State advanced several proposals to slightly modify some contract language, and proposed that both sides agree to maintain a number of other articles without changes.  After careful consideration, this week the UAPD Team agreed to some of the minor “clean up” that the State had proposed, and we agreed to roll over some articles that we intend not to change.  We also proposed some minor “clean up” of language ourselves, including a clarification of the use of State equipment like e-mail by UAPD stewards.     

Bargaining resumes on Wednesday, July 9, 2008.


Bargaining Update for June 18, 2008

The UAPD Bargaining Team met with representatives from the State of California for the second time on Wednesday, June 18, 2008.  The following topics were among those discussed:

• On-Call -- The UAPD Bargaining Team invited three CDCR physicians to the table to describe the excessive on-call requirements that some State Doctors face.  Speaking on behalf of UAPD were Dr. John Dunlap (Folsom State Prison), Dr. Victor Gomez (California Institute for Men – Chino) and Dr. James Wedell (California State Prison – Sacramento).  Management’s Bargaining Team seemed surprised to hear that in some facilities, an on-call doctor can receive as many as forty calls in a single night.  The UAPD Bargaining Team continues to examine new ways to organize and compensate on-call work to make the system more manageable for doctors, and will make a specific proposal in a later bargaining session.         
• State Disability – At the request of the UAPD Bargaining Team, representatives of the State of California gave a presentation on the State Disability Insurance (SDI) Program.  The UAPD Bargaining Team is comparing SDI to the Non-Industrial Insurance (NDI) program to which State Doctors currently belong to decide which better serves the needs of our members.  The team will update members about its conclusions in the coming weeks. 
• Outside Contractors – The UAPD Team continues to push the State to provide information about contractors doing bargaining unit work. 

• Continuing Medical Education (CME) & Discipline of State Doctors – Discussion continued on both topics.

The State provided several proposals to modify contract language, and proposed that both sides agree to maintain a number of other articles without changes.  The UAPD Team caucused to consider the State’s proposals, and will continue to study them before issuing a response.

Bargaining resumes on Monday, June 23, 2008.


Wide Range of Topics Addressed on Opening Day