In any organization, there must exist a balance between management's obligation to direct the activities of the department to achieve operational goals and a union's obligation to ensure that its members receive just wages and work in a safe and fair environment. Historically, influence and power has shifted between these two entities in the California correctional system. The agreement between the state and the California Correctional Peace Officers Association, which is in effect from July 1, 2001 until July 2, 2006, clearly has resulted in an unfair and unworkable tilt toward union influence. The Department of Personnel Administration, which negotiated the contract, did not adequately represent the interests of the Youth and Adult Correctional Agency and its departments. The Secretary of the Youth and Adult Correctional Agency had little, if any, influence on matters that affect department operations.
The agreement contains numerous provisions that seriously undermine the ability of management to direct and control the activities of existing correctional departments and the new Department of Correctional Services. It is unclear whether adjustments can be made to the current agreement, but at the very least, the following should be considered in negotiating a new agreement.
RecommendationsWages and benefits are clearly negotiation rights that should be reserved for the Governor and the Legislature. However, the Secretary of the Department of Correctional Services must be involved in any negotiations that affect the efficient operation of the department. Only management is in a position to ascertain how proposed concessions or agreements in this area could effect long-range planning and goals.
At present management personnel receive no longevity or education bonus. As a result, qualified personnel are reluctant to attempt to promote because by doing so they would lose benefits available at the lower ranks. Giving management personnel their own bargaining unit would also enable them to negotiate increased benefits, which would make it more desirable to join management ranks.
It is management's prerogative to staff a committee as it sees fit. Arbitrary rules that dictate membership on a committee do not serve the best interests of the organization.
Management may choose to have peer representation on the committee but it is management's prerogative to review such matters without union participation. The current contract gives the California Correctional Peace Officers Association two bites of the apple. First, it sits on the committee that makes recommendations as to whether or not an assault is within policy, and then it defends officers in punitive actions that result from inappropriate use of force.
The apprenticeship program has not produced qualified candidates in significant numbers. Entry-level cadets should be on probation for one year after their graduation from the academy. Their training, mentoring, and final decision as to permanent employment is a management right. Management should designate a field training officer employment classification, whose members will be specially selected and trained to oversee a probationer's progress. It is management's decision to terminate a probationary employee and that employee should have no appeal rights other than a "liberty" hearing before the Director of Training to ascertain whether the decision to terminate is justified.
At present, training lesson plans can be delayed for years because of disagreements between the members of the Correctional Peace Officers Standards and Training Commission, on which the California Correctional Peace Officers Association enjoys 50 percent membership. Training is also a management right and is based on organizational needs. Under the reorganization plan proposed by the Corrections Independent Review Panel, an independent Office of Personnel and Training would have the department-wide responsibility for all training.
Safeguards should be established to ensure that not-sustained complaints cannot be used for the purposes of promotion and transfer, but management must retain a record of all incidents for risk-management purposes.
In order to fulfill its mission, it is crucial that management have the ability to post its best employees in the most critical assignments. The union should have no say in this matter. In addition, granting permission to work overtime based on seniority ensures that the highest paid employees will get that assignment. This does not guarantee that the best employee will be selected, but it does guarantee that it will cost more money. Using seniority for transfers greatly impinges on management's right to assign employees based on need and competency. It is permissible to use seniority for the selection of vacations.
Employees should be rewarded for longevity in the department. The state should neither discourage nor reward union membership.
Only management should be responsible for the posting of employees, and posting should be based on merit without union participation. A fundamental obligation for management is to deploy the best personnel in the most critical assignments. It is unacceptable to have the union make these decisions.
Present contract provisions make it difficult for management to investigate sick leave abuses, such as chronic use of Friday and Monday sick leave to correspond with a weekend off. The result has been a surge in sick leave use at great expense to the state.
The present contract mandates that management give an employee pertinent information relative to an investigation before the first interview. It makes no sense to give an employee a copy of the investigation BEFORE the investigation is completed. This practice encourages the "code of silence" afflicting the state correctional system and could contribute to retaliation against "whistle-blowers."