capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

CAPS ORDERED BY PERB TO RE-ADMIT RACHLIS! CAPS LEADERSHIP ACTS TO EXPEL RACHLIS AGAIN

Finding the January 2012 expulsion of Rachlis by the CAPS leadership, under the guidance of Blanning and Baker LLC. (B&B), to have been illegal, PERB ordered reinstatement of Rachlis retroactively to the date of his expulsion. On 9/11 CAPS rescinded Rachlis’ termination retroactively to 1/19/2012.

Continuing the practice of harassment and intimidation, executive board member John Budroe has filed a grievance against Rachlis calling for his expulsion again.   Budroe’s grievance falsely accuses Rachlis of:  “Advocating decertification of CAPS, supporting an effort to decertify CAPS as the exclusive bargaining agent for state bargaining Unit 10 or signing any document with the goal of decertifying CAPS.” (Language lifted from the Policy Manual (PM).)

But Rachlis is not the real target.  The real intention is to intimidate the Rank and File, to keep members from speaking out, from challenging B&B’s failures, their  wasting of our money,  their practice of throwing gobs of gold at lawyers and politicians while squirreling the rest into the  retirement coffers of the B&B partnership, which itself produces nothing for us. Rather they act in the interest  of the 1%  by keeping  the workers quiet, without a strike fund, without meetings, demobilized, disorganized and demoralized!

The leadership runs from these facts and does not want you to see that they have no winning strategy to defeat the austerity schemes.  Instead they turn their efforts to what they are good at–denying the membership any union democracy.  They can not produce a COLA (losing 23% to inflation over 12 years,) they can not win pay parity, geographic compensation, or secure funds for travel for conferences, training and intellectual development. They have lost every major lawsuit brought on our behalf: on the furloughs, pay parity and the stolen holidays. They tie hope for rank and file pay parity to the failed strategy of winning raises for our supervisors first (most of those working here when this case started will retire before they ever see a dime, not to mention how soon, if ever, this dream raise will reach the rank and file.) Even in the wake of the Chicago teachers strike which won a three years raise package  above of the rate of inflation, CAPS leadership has no clue how to even get us a catch up, instead they are signing side letters conceding to additional furloughs without membership discussion!  They give our dues money, which should build our strike fund, to the politicians, who after getting elected stab us in the back.  They support the regressive taxes in the Brown Proposition 30 tax hike, they shrug their shoulders when confronted by their failures, smile and say ‘look at what a good job were doing!’

Adherence to the Bylaws and Policy Manual (PM) is not the practice of this leadership.  Had it been, CAPS would have held regular/annual membership meetings for the last twelve years (where members’ agenda points can be put before the entire membership,) Rachlis and Cosentino would not have been thrown out and CAPS would not have lost to Rachlis in the PERB decision # HO-U-1064-S.

Budroe bases his grievances on a ‘damning’ blog post at http://wp.me/p1OGRw-2Y published on August 25th (while Rachlis was still expelled) and claims it violated the PM’s rule against advocating for decertification.

Budroe twists and misrepresents the meaning of the statements made in the ‘damning’ blog post. The following quote is lifted directly from the blog. We have bolded key controversial phrases and will comment on their meaning further below.

We also opposed launching a campaign to decertify CAPS without first testing the nature of the organization through assertion of membership rights as guaranteed by the bylaws, the Policy Manual, and the California Corporate Code.  Today we are convinced that CAPS can not be reformed without getting rid of B&B.  We have proved that CAPS makes contact between members a near impossibility thereby ensuring the perpetuation of the insider’s incumbency (Ms. Velez has been on the board for 17 years during 23 years as a member,) puts another weight on the scale of reform vs. decertification.    The combination of a self perpetuating board, the denial of regular membership meetings, and the vested interest of B&B’s partnership ( they take between 800k-and 1.5million from unit 10 CAPS members annually  and closer to 6 million annually from Unit 9 PECG members,) may require the formation of a new union and the decertification of CAPS and PECG.”

Budroe and his co-conspirators (Miller/Velez/Austin/Voight/B&B) flummoxed from their defeat at PERB again  overstretch the limits of logic as they try to fit a square peg in a round hole; the above statement is merely a statement of facts.  The facts are: there is no internal democracy in CAPS and that for democracy to be established, for members of units 9 & 10 internal remedy mechanisms may not be adequate.  The recent denial of democratic procedure and other failures of the leadership indeed put new weights on the scale; commenting on this fact is not an indictable violation of the PM.

Notice the use of the word may.  May, according to the American Heritage Dictionary, along with might “are basically alike in meaning, in the senses of possibility and permission….”  May is used while expressing possibility as in “It may rain this afternoon.”  That it may not rain this afternoon is unstated yet implied by the very nature of possibility.  The statement from the blog reprinted above merely states a possibility, something scientists are often known to do, we call it stating a hypothesis.

We’re not lawyer pussyfooters if we wanted to call for decertification there would be no question about the language.  It would be unambiguous and our whole record of the CAPS Fighting Union Caucus (CAPS-FUC) demonstrates this.  The action of the MRDC is nothing other than self-service by the members of the B&B clique.

Budroe makes additional attempts to falsify the content of the blog in his frantic quest to expel Rachlis twice in one year. Indeed the fact that the CAPS-FUC won 25% in the last election has the ruling clique running sacred.  For the CAPS-FUC the principle of not taking a workers organization to the bosses’ courts is inviolate and as such we have, in the past rejected the idea of taking CAPS to superior court to force compliance with California Corporate Code. However, as we explained in the blog, “…we can clearly see that CAPS is not a workers organization but a captive corporate run union fleecing the membership for the profits of B&B the working class principle of “labor cleaning its own house” no longer applies.” In his grievance, Budroe lifts the quote, “no longer applies,” out of context.  Budroe ascribes it to our arguments against decertification rather than to the clearly stated issue of using the courts to force some modicum of democracy (adherence to CCC-regular membership meeting, fair elections, the right to examine and copy the membership list, etc.)

Having experienced the MDRC inquisition once before, we know the process that is about to unfold. We understand that facts, as outlined above, do not matter to the Miller/Velez-Austin/Voight/Blanning clique.  Let’s preview what will transpire during the next expulsion hearing for Rachlis on October 9th, 2012.

The MDRC will convene (collecting their per diems and paying lawyers, like the last time, at the membership’s expense,) they will hear Budroe’s fabricated and false claims outlined above.  They will have read the objections outlined above and they will vote unanimously to recommend the board expel Rachlis again.  The board will then unanimously agree and Rachlis will be driven out of the organization twice in one year, in order to preserve the right of B&B to fleece the dues dollars of members of units 9 & 10, in order to enrich the partners of their corporation.  Only the organized membership can end this tyrannical reign of failure and profiteering.

SAVE CAPS RECLAIM YOUR UNION

Demand that Giorgio Cosentino, also illegally suspended, be immediately reinstated!  Demand that the MDRC reject the Budroe grievance against Rachlis.

The CAPS leadership and Blanning and Baker LLC.  have been exposed for their practices of illegal harassment of rank and file dues-payers, abuse of power, disregard for the rules of the organization  and the interests of the membership. The entire current leadership (which participated in and turned a blind eye to these abuses) must be removed from office and CAPS’ agents (B&B) must have their contract terminated, so that  CAPS can  become a democratic organization that relies upon the  self-organization and mobilization of its membership, rather than the good will of the  bosses’ Democratic or Republican politicians.

HOW TO TRANSFORM CAPS

1)    Ask your co-workers if they are happy with CAPS.  Unite with those who are not satisfied.  Form local committees at each work site.

2)    Contact the CAPS FIGHTING UNION CAUCUS to coordinate with groupings coming together across the state.

3)    Begin the three steps to achieve Workers Control of our union:  Educate Agitate and Organize!

4)    Educate yourself and your co-workers:  Get copies of the Bylaws and Policy Manual.  Ask the CAPS office for the old Bylaws and Policy Manual.  Ask for financial statements for the duration of your membership.  Review the CAPS legal failures  at http://wp.me/p1OGRw-y .

5)     Familiarize yourself with the California Corporate Codes under which Mutual Benefit Non-Profit Corporations like CAPS are obliged to operate.

6)    Educate your self and the membership on the various methods of trade unionism.  Ask yourself and your co-workers. “Is CAPS a workers’ organization?”  Is CAPS  a captive union, what is a business union, what is corporate unionism, what is syndicalism, what is class struggle trade unionism?  Ask what kind of program does CAPS need?  The CAPS Fighting Union Caucus offered its program of class independence and direct action at http://wp.me/p1OGRw-5 .

7)    Agitate: For your rights.  Demand your right to regular membership meetings. Not staged informational top-down meetings where “they” come to tell “us” how its going to be, but rather where workers’ democracy is applied and the agenda is open to the contributions by membership, where the entire membership is convened simultaneously, (by the magic of modern technology and democratic intention.)

8)    Agitate: For your livelihood: Demand CAPS puts its resources to organizing the membership into a fighting organization prepared to unite with all public workers in demanding retroactive COLA, for reimbursement of stolen holidays, for pay parity, for travel pay, for pensions that we can count on, for medical insurance fully funded by the employer, for adequate staffing, for professional development.

9)    Organize: Worksite action committees to prepare for the 2013 CAPS election and the Contract negotiations for the contract that expires just as we go into the CAPS election period.

10) Organize: A statewide petition for a Special meeting of the membership to discuss and decide upon the proposal to remove Blanning and Baker LLC.

11) Organize: A statewide petition for a Special meeting of the membership to discuss and decide upon the proposal to revoke the 2011 changes in the Bylaws and convene an open membership review of the Bylaws and Policy Manual.

12) Organize: a Fighting Union Caucus group at your work site to put up candidates and defeat the incumbents and turn CAPS into a democratic workers organization  which stands for the political independence of labor and for worker mobilizations to defeat the austerity schemes and win workers power.

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September 28, 2012 Posted by | PERB Unfair Practice Charge | , , , , , , , , , , , , , , , , , , , | Leave a comment

CAPS Leadership Ignored CAPS Rules

The following letter was sent to the board of CAPS on 09/14/12.

Open letter to the Board of CAPS,

Find attached and in the e-mail below a grievance filed by Charles Rachlis against David Miller and Patty Velez on January 9th 2012 for violation of California Corporate Code and denial of members rights to examine and copy the membership list (http://wp.me/p1OGRw-21.) To our knowledge the Membership Disciplinary Review Committee (MDRC) ignored and took no action to adjudicate this grievance, neither has the MDRC made any report to the membership on the submittal of this grievance, nor have they responded to the author of the grievance.

This lack of action on the part of the board and the MDRC stands in violation with the rules (bylaws and Policy & Procedures Manual) of the organization and thereby denies members just rights. This grievance was submitted prior to the illegal Kangaroo court which expelled Rachlis and suspended Cosentino. The leadership acting under the inept guidance of councel provided by Blanning and Baker LLC, Gerald James Esq. and Lisa Crevich Esq., decided to place this grievance in the circular file.

In the PERB adjudication of Charles Rachlis V. CAPS UPC# SF-CO-60-S PERB has recently found against CAPS and demanded that CAPS cease and desist from: “Unreasonably or refusing to apply internal disciplinary procedures to its members,” and from “Interfering with the protected rights of members to join and participate in the activities of CAPS by unreasonably or refusing to apply internal disciplinary procedures to its members.”

The PERB decision also demands that CAPS “Rescind the termination of Rachlis’ membership and reinstate him to active member status with all the rights and privileges thereof back to the effective date of the termination.”

Therefore Rachlis had and still has the right to have this grievance heard! The CAPS board and the MDRC must take action to address the violation of membership rules and the denial of the rights and privileges of rank and file member Rachlis to file and have the grievance submitted on January 9th,2012 (see attached) heard. We demand that the CAPS board take action to address the violation of membership rights by the decisions of the President (the sitting chair person of the MDRC.)

I demand that the CAPS board remove David Miller from the role as chair of the MDRC. I demand that the Board convene a meeting of a new MDRC to address the violation of memberships rights by the last seated MDRC which was convened to adjudicate the Miller/Brown v. Rachlis and Miller/Brown v. Cosentino grievances. I demand that the new MDRC address the violations of members rights carried out by the MDRC convened under the Chair of V.P. Patty Velez. This new MDRC must address the grievance (see attached) submitted on January 9th 2012. As that Charles Rachlis has had all rights of membership restored by the finding of illegal activity on the part of the MDRC/CAPS by PERB I demand the board assure those rights are respected and the grievance submitted on January 9th, 2012 be fairly adjudicated by an impartial MDRC without interference from the Blanning and Baker LLC, or any of the members who sat on the previous MDRC.

Charles Rachlis

From: Rachlis, Charles (CDPH-ADM-PSB-FMS)
Sent: Monday, January 09, 2012 12:02 PM
To: CAPS; capsfightingunioncaucus@gmail.com
Subject: CAPS: Rachlis grievance against Miller & Velez RE: violation of CCC as regards access to membership list

Date January 9, 2012

To: Membership Discipline Review Committees c/o CAPS Board

From: Charles Rachlis and Giorgio Cosentino

Subject: Charges against President David Miller, Vice President Patty Velez,

CAPS is organized as a mutual benefit non profit corporation which must abide California Corporate Code. CAPS must provide a venue for membership to convene a special meeting. That venue is provided pursuant to CCC and outlined Bylaws Article III Section 2(a); in which, a members’ right to petition the membership to hold a special meeting is enshrined. In order to reach the membership for the purpose of distributing the petition, a list of the members’ names addresses and voting rights must be made available with in ten days of demand. Due to the actions of President David Miller and Ex President Velez CAPS stands in violation of CCC 8330. Their reckless disregard for the law under which CAPS is mandated to function opens the organization to liabilities for denial of services, theft of dues, and denial of dues payers rights.

In order to accomplish the petitioning of the membership I requested from the CAPS board that they abide CCC and render a membership list for the stated use. See e-mail request to the board:

From: Charles Rachlis []
Sent: Wednesday, December 28, 2011 6:19 PM
To: CAPS
Cc: Giorgio Cosentino; Subject: Petition for special membership meeting

To the CAPS board,

According to the by-laws I need 5% membership signatures to call for a special membership meeting. I would like to circulate a petition to call for a special membership meeting. To do so I will need the list of the membership including their e-mail addresses, home addresses and phone numbers as is my right according to California Corporate Code which governs Mutual Benefit Non Profit Corporations such as CAPS. Please submit the list to this email address or let me know when I can pick it up at the CAPS office in San Francisco. I can be at the office this Friday at 11:00 does this work for you?

Charles Rachlis

President David Miller responded on behalf of the current board and refused to comply with California Corporate code thereby making it impossible for me to reach the membership to gather a petition to hold a special membership meeting. See David Millers’ e-mail of December 29th, 2011.

From: David Miller
To: ‘Charles Rachlis’
Sent: Thursday, December 29, 2011 2:54 PM
Subject: RE: Petition for special membership meeting
Dear Mr. Rachlis,

You have requested that CAPS provide you a “list of the membership including their e-mail addresses, home addresses and phone numbers”.

I respectfully deny your request.

I have instructed CAPS staff provide no such list to you, or to anyone else.

The CAPS Board is aware of your request and my response.

Sincerely,

David Miller
CAPS President

In a follow up e-mail I asked how to go about petitioning the membership as is our right. No response has been received to date.

—– Forwarded Message —–
From: Charles Rachlis
To: David Miller
Cc: Giorgio Cosentino ; “3risksys@gmail.com”
Sent: Thursday, December 29, 2011 4:56 PM
Subject: Re: Petition for special membership meeting
Dear David Miller,

Please explain how a member is to petition the membership to convene a special meeting of the organization without a way of knowing who the members are.

Charles Rachlis

“The working class and the employing class have nothing in common.”
IWW founding congress opening statement
________________________________________

Refusal to abide the CCC 8330 is violation of the law as enforced by the attorney general of the state of California. The Membership Disciplinary Review Committee may review the law below. For violation of members’ rights, for violation of the bylaws, and for violation of CCC in the name of CAPS we request that David Miller and Patty Velez’s membership in CAPS be terminated.

Submitted to the CAPS Board by Charles Rachlis on January 9, 2012

Submittal #1
CALIFORNIA CODES
CORPORATIONS CODE
SECTION 8330-8338
8330. (a) Subject to Sections 8331 and 8332, and unless the
corporation provides a reasonable alternative pursuant to subdivision
(c), a member may do either or both of the following as permitted by
subdivision (b):
(1) Inspect and copy the record of all the members’ names,
addresses and voting rights, at reasonable times, upon five business
days’ prior written demand upon the corporation which demand shall
state the purpose for which the inspection rights are requested; or
(2) Obtain from the secretary of the corporation, upon written
demand and tender of a reasonable charge, a list of the names,
addresses and voting rights of those members entitled to vote for the
election of directors, as of the most recent record date for which
it has been compiled or as of a date specified by the member
subsequent to the date of demand. The demand shall state the purpose
for which the list is requested. The membership list shall be made
available on or before the later of ten business days after the
demand is received or after the date specified therein as the date as
of which the list is to be compiled.
(b) The rights set forth in subdivision (a) may be exercised by:
(1) Any member, for a purpose reasonably related to such person’s
interest as a member. Where the corporation reasonably believes that
the information will be used for another purpose, or where it
provides a reasonable alternative pursuant to subdivision (c), it may
deny the member access to the list. In any subsequent action brought
by the member under Section 8336, the court shall enforce the rights
set forth in subdivision (a) unless the corporation proves that the
member will allow use of the information for purposes unrelated to
the person’s interest as a member or that the alternative method
offered reasonably achieves the proper purpose set forth in the
demand.
(2) The authorized number of members for a purpose reasonably
related to the members’ interest as members.
(c) The corporation may, within ten business days after receiving
a demand under subdivision (a), deliver to the person or persons
making the demand a written offer of an alternative method of
achieving the purpose identified in said demand without providing
access to or a copy of the membership list. An alternative method
which reasonably and in a timely manner accomplishes the proper
purpose set forth in a demand made under subdivision (a) shall be
deemed a reasonable alternative, unless within a reasonable time
after acceptance of the offer the corporation fails to do those
things which it offered to do. Any rejection of the offer shall be in
writing and shall indicate the reasons the alternative proposed by
the corporation does not meet the proper purpose of the demand made
pursuant to subdivision (a).

Charles Rachlis

September 14, 2012 Posted by | Grievance vs CAPS leadership, Uncategorized | , , , , , , , , , | Leave a comment

CAPS LEADERSHIPS ILLEGAL EXPULSION OF RACHLIS OVERTURNED

 

Rachlis Reinstatement Letter

Members want to know how much money was wasted  in the illegal harassment of Rachlis and Cosentino?  How much did CAPS pay the lawyers during the Kangaroo court illegally convened to expel Rachlis and Cosentino?  How much was spent paying for E-Board members to convene the Membership Disciplinary Review Committee which illegally   expelled Rachlis and Cosentino?  How much was spent on lawyers and e-board members per-diem to defend their illegal actions infront of the PERB board?  Members want to know how long we must endure the guidance of the Profit Takers of Blanning and Baker LLC. whose incompetent legal team allowed the e-board to harass and expel Rachlis and Cosentino!

WE DEMAND THE IMMEDIATE REINSTATEMENT OF GIORGIO COSENTINO!

“If you fight, you may lose. But if you don’t fight, you’ve already lost!”  Bertolt Brecht

 

 

September 14, 2012 Posted by | CAPS MILLER vs. RACHLIS/COSENTINO | , , , , , , | Leave a comment