capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

PERB ALLEGES VIOLATION OF CAPS MEMBERS RIGHTS BY CAPS!

 

CAPS will have to answer to the Office of the General Counsel of PERB  for terminating Rachlis and Suspending Cosentino

 To summarize the PERB letter of March 30th 2012, addressed to both Rachlis and CAPS executive director Mr. Voight  regarding Case No. SF-CO-60-S the General Counsel of PERB issues a COMPLAINT on behalf of PERB and ALLEGES Respondent (CAPS) acted contrary to its own policy manual and/or Government Code section 3515.5 in failing to investigate allegations of misconduct at the time they were presented to Respondent’s Membership Discipline Review Committee and failed to convene a hearing within thirty days thus violating Government Code section 3519.5(b) (failure to apply reasonable membership rules).  Violation of 3519.5(b) interfered with members rights guaranteed by the Ralph C Dills Act.  (It appears PERB is guided and informed by this previous decision http://www.perb.ca.gov/decisionbank/pdfs/1479-s.pdf)

 This means that PERB recognizes that CAPS violated its own Policy Manual.  When current President (then treasurer) David Miller filed his grievance against Rachlis & Cosentino with CAPS on September 19th 2011, the clock started ticking. CAPS then had 30 days within which to convene a hearing. That hearing was not held until January 11th 2012.   PERB did not buy the Blanning and Baker explanation that they (CAPS) did not have to abide their own Policy Manual because the organization was in an election period and was thus too busy to conduct both an election and oblige protocol and follow  the law at the same time.  So when the grievances against Rachlis and Cosentino were finally delivered to them on Christmas eve, grievances which would ultimately lead to the  expulsion of Rachlis & Cosentino from CAPS, it was already too late!  Thus as was contended at the hearing the hearings themselves were illegal.  

 The Blanning and Baker lawyers should have known this, hello- they wrote the Policy Manual!  Members are asking if CAPS executive director Chris Voight (informed by Blanning and Baker lawyers) knew the rules why did they skirt them?   

 CAPS and PECGS members concerned with transparency are asking what was Blanning and Baker’s intention?  Either the Blanning and Baker law team is incompetent, as its failure at superior court and the bad advice as per the hearing demonstrates, not to mention their track record of failures in the furlough cases and our back holiday pay, in which case they should be dismissed from serving CAPS for pure incompetence.  Or they were carrying out a campaign to harass and conduct retribution against Rachlis and Cosentino because we exposed Blanning and Baker’s role in denying the memberships its right to annual regular meetings for 10+ years, for draining our bank accounts, for selling us out in negotiations and passing our dues to the same politicians who oppose us in negotiations; in which case they should be dismissed for carrying out retribution against members and possibly opening the organization up to liability for those action!     

 CAPS members want full transparency, members need to see if  the Blanning and Baker staff are acting in our interests or if are they milking the cow to keep the billable hours flowing to Blanning and Baker’s accounts receivables.  Members wonder about this because every time Austin, Voight and the rest of the Blanning and Baker staff carry out these vindictive attacks against CAPS and PECGS members they write up their billable hours which are charge against the membership!   

 It appears that Blanning and Baker collect from CAPS and PECGS while they  neglect our members  grievances and when we call them on it they  and use our own money against us!  Members are allowed the financial records of CAPS but we are denied any information about the corporation (B&B)  which CAPS and PECGS sustain!  CAPS and PECGS members want to know the salaries of the Blanning and Baker partners who have made a career sharing in the profits drawn from PECGS,CAPS and other state workers organizations!  PECGS members want to know why their organization is paying Blanning and Baker a 5% increase this year.  CAPS members want to know if CAPS will also be strong-armed into paying more to be serviced by Blanning and Baker!

 The membership wonders how much of our money did Blanning and Baker waste when they unsuccessfully took Rachlis to court after  Matt Austin hit him in the union office?  The membership wants to know  how much money was  wasted when they convened a hearing, hired an outside contracted lawyer and paid them selves per diem’s to illegally hold the Kangaroo court expelling Cosentino and Rachlis!  The membership wants to know is it the regular practice of Blanning and Baker to intimidate and hound trade unionists out of the organizations they service?

 There is little doubt that Rachlis and Cosentino will be reinstated to membership in CAPS!   There is little doubt the membership of CAPS and PECGS will demand full transparency so we can assess the efficacy of Blanning and Baker LLC as regards our memberships concerns and affairs!

 

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April 3, 2012 Posted by | PERB Unfair Practice Charge | , , , , , , , , , | Leave a comment