capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

CAPS LEADERSHIP HAS NO STRATEGY TO WIN BACK WHAT THEY LOST

BROWN DEMANDS A COST NEUTRAL BUDGET-READ WAGE FREEZE!

CAPS LEADERSHIP IS NOT PREPARED TO WIN BACK WHAT THEY LOST IN THE LAST TWO CONTRACTS…LET ALONE MAKE PROGRESS.

CAPS LEADERSHIP HAS NO WINNING STRATEGY.

ONLY YOU CAN ORGANIZE TO WIN A FAIR CONTRACT.

 

-CAPS LEADERSHIP’S TRACK RECORD:

  • GAVE AWAY 15% FOR TWO YEARS AND 5% FOR ONE YEAR TO FURLOUGHS
  • NO COLA, PUTTING US BACK 25% OVER 10 YEARS
  • LOST TWO HOLIDAYS FOR TWO YEARS
  • GAVE AWAY AN INCREASED PENSION CONTRIBUTION AND INCREASED MEDICAL CONTRIBUTION WITHOUT ANY COMPENSATORY WAGE INCREASE. AND THEN ACCEPTED ATWO TIER PENSION
  • THEY REFUSE TO ORGANIZE CONTRACT WORKERS
  • LOSING STRATEGY FOR PAY PARITY (IT BENEFITS LAWYERS, NOT US)
  • INCOMPETENT BACK-STABBING GRIEVENCE MEDIATORS
  • GIVE  $$ TO POLITICIANS WHO STAB US IN THE BACK
  • HISTORIC BLANNING & BAKER LOSING LEGAL STRATEGY EXPOSED https://capsfightingunioncaucus.wordpress.com/category/capspecg-lawsuits/

 

Their strategy is to depend on politicians, lawyers and judges instead of the rank and file. Their practice is to demobilize the membership, disassociate from the labor movement, to deny members their legal right to regular membership meetings and to illegally expel members who stand up for membership rights.

 

They bet your pay parity on a failing decade-long show trial for supervisors pay parity!

CAPS represent both management and labor in grievances!  Like in a fascist union.  How can CAPS grieve against your supervisor when your supervisors pay CAPS and are invested in CAPS winning pay parity?  How can a worker expect CAPS to protect them from management when the supervisors pay CAPS voluntarily while rank and file must pay (at least) fair share!

 

President Dennis Miller promised regular membership meetings in his 2011 campaign. Yet he continues to violate both California Corporate Code section 7510 and the CAPS 2007 Bylaws Article III Section 1 and the illegally updated 2011 Bylaws by refusing to convene regular membership (not just informational) meetings.  The only meetings CAPS holds are informational-not regular membership meetings!

 

PERB’s finding exposed CAPS leadership and Blanning and Baker LLC. to be scofflaws. The leadership illegally expelled Rachlis and illegally suspended Cosentino.  The expulsion and suspension were overturned by PERB.

 

CAPS LEADERSHIP THEN EXPELLED RACHLIS AGAIN!  TWO TIMES IN 2012 ON TRUMPED UP CHARGES!  REINSTATE RACHLIS! TURN OUT THE SCOFFLAWS!

WE NEED REGULAR MEMBERSHIP MEETINGS RUN BY THE MEMBERS!  WE NEED FAIR ELECTIONS WITHOUT CENSORSHIP!

WE NEED A NEW STRATEGY WHICH DOES NOT DEPEND ON POLITICIANS, LAWYERS OR JUDGES, BUT ON THE MOBILIZED RANK AND FILE UNITING WITH ALL PUBLIC WORKERS TAKING JOINT ACTION TO WIN!

TO WIN A DEMOCRATIC UNION AND A FAIR CONTRACT SCIENTISTS NEED TO INITATE UNIT TEN ACTION COMMITTEES AT EACH WORK PLACE!

TAKE ACTION: JOIN THE INTER-UNION ORGANIZING COMMITTEE AND PROTEST FOR A FAIR CONTRACT AT NOON, JUNE 5TH, AT THE FRONT GATE!

 

ASK: When was the last COLA

Answer:  2006 (but it was insufficient; it did not catch us up). Today your pay check buys only 3/4s of what it did in 2000!

ASK: Why were the Bylaws changed in February, 2011?

Answer:  To deny members rights enshrined in the 2007 Bylaws for annual membership meetings. Rachlis revealed in Nov., 2010 that this right was being knowingly violated by Blanning and Baker LLC., the CAPS board and Gerald James Esq., for over a decade.  Without the annual meetings the membership  has been denied any semblance of democracy.  The annual meeting was the only legal venue for installing officers and putting members concerns on the agenda or  for addressing the assembled membership.  Thus all officers elected for over 12 years now were not legally installed and all their actions have been illegal. This denial of regular meetings is a denial of CAPS contractual duty (based on the dues for bylaws exchange) to the membership and is thus the basis for the 15 million dollar theft of services charge against Blanning and Baker.

ASK: Why did the new Bylaws eliminate the annual membership meeting?

Answer: Because Rachlis exposed the leadership for not holding legally mandated (CCC & bylaws) annual meetings.

ASK: When was the last regular membership meeting?

Answer:  Over 12 years ago. Disregarding the Bylaws and CCC, members have been denied an annual regular membership meeting for over a decade.

ASK: Why are members not allowed to hold and run their own regular meetings?

Answer:  Because Blanning and Baker LLC. don’t want the membership to control their own organization. They like keeping their fingers on the purse strings.

ASK:  What is Blanning and Baker LLC. (the CAPS agents.)?

Answer: It is not a law firm as members have been led to believe.  It is a Labor Consultation firm.  Their project is not to make you money but to make money for their partnership!  Their method is schmoozing with politicians and keeping you under control.

ASK: Why do we need a profit making labor consultant to run our affairs?

Answer: Considering their track record, we don’t!

ASK: Can CAPS be reformed:

Answer: Only if a rank and file slate with a class struggle strategy and program runs for office and wins, removes Blanning and Baker LLC. as agent and charts a politically independent course of action based on a mobilized membership.

ASK: What can I do?

Answer: Form Unit 10 action committees, talk to other Unit 10 members and listen to their experiences with failed representation by Blanning and Baker LLC., and discuss the failed CAPS steward system. Run for office to replace the entrenched team, remove Blanning and Baker and reclaim CAPS for the rank and file of Unit 10.

 

Unit 10 Action Committee                              contact Charles Rachlis (415) 205-0359

Labor Donated                                                June 1, 2014

 

The Unit 10 Action Committee met on 5/21/13 and adopted the following principles and demands both on the State and on ourselves/our organization.

We will build the action committee at the CAPS informational meeting on June 4th.

We will build for inter-union solidarity action to win back what was taken from us in the last contract on June 5thduring lunch at the front gate of CDPH in conjunction with labor demonstrations in Sacramento.

PRINCIPLES OF UNITY FOR ACTION COMMITTEE
1) Turn CAPS into a union run by the democratically organized, mobilized and assembled rank and file.
2) For political independence of labor. Fund only labor candidate.
3) Unite with workers organizations (public & private), employed and unemployed, to defeat the austerity and win a fair contract.
4) Run candidates committed to political independence, to class struggle tactics, based on organizing, assembling and mobilizing the membership to develop and struggle for  their own program.

DEMANDS ON THE STATE
1) No Give Backs No Take Aways!  WE ALREADY “SHARED THE PAIN”
2) COLAS back 10 years 23%
3) Pay Parity, Geographical Pay
4) NO GIVE BACK OF HOLIDAYS!   Holidays were accepted years ago in exchange for wage demands not granted, PDD’s were granted after they stole 2 holidays.
5) Make up pay for increased worker contribution to medical and pensions.
6) State should make up for years it refused to pay into CALPERS (based on good market)
7) Overturn new retirement requirement. Pits new workers against old workers.  No two tier system.  Equal benefits for all!  No extended vestment periods.
8) Health and Safety protection, promotions, & PERS fiduciary responsibility

DEMANDS ON OURSELVES (CAPS)
1) Hold regular membership meetings, not informational meetings.
2) Regular meetings at every job site (monthly or quarterly, more often in lead up to contract talks), linked by web for broadest democratic discussion.
3) Initiate CAPS members e-forum for democratic discussion of the membership.
4) Build unity with the broader labor movement for actions against the austerity.
5) Organize the unorganized.  End contract labor.  Defend the contract workers. Demand equivalent service time and state jobs for regular contract workers.
6) Supervisors out of the union.
7) For an active steward system that communicates, mobilizes and defends the membership.
8) Elevate the strategy of membership mobilization and assembly over that of  lobbying and lawsuits.
9) Reverse the expulsion of Charles Rachlis

Adopted at the Unit 10 Action Committee meeting on May 21, 2013

 

 

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June 3, 2013 Posted by | 2013 Contract | , , , , , , , , , , , , , , , , , , , , , | Leave a comment

RANK AND FILE SCIENTISTS: UNIT 10 SET UP CONTRACT ACTION COMMITTEES NOW!

SET UP CONTRACT ACTION COMMITTEES AT EACH JOB SITE NOW! CAPS LEADERSHIP AND BLANNING AND BAKER HAS NO STRATEGY TO WIN!

As our contract period comes to a close the Miller/Valez leadership has done nothing to prepare the membership for the contract fight. They continue to believe that their “Chump change” contributions to the Democrats ($1,000 per head to assemblymen and senators) and $53K to the Brown Campaign will buy the influence needed to navigate the upcoming contract negotiations.

Indeed it will, if you don’t put COLA’s on the agenda, if you don’t demand make up pay for additional contributions to medical and pension, if your not serious enough to really fight for pay parity then the current conciliatory leadership will skate through just fine! They will say the negotiations were tough but they did the best they could and come out with something similar to if not less than what SEIU gets!

The membership will fall further and further behind. BUT THIS DOES NOT HAVE TO HAPPEN!

These leaders gave up three years of furloughs without a fight despite happily funding their lawyers and agents payroll! The current leadership does not prepare scientists doing the states work for this contract and in so doing they prepare for defeat.

To win we must set up contract action committees at each job site develop our demands by democratic discussion among all rank and file scientists both locally and coordinated state-wide then we must vote down anything short of what is develop in democratic rank and file meetings.

CAPS LEADERS HAD THEIR CHANCE TO HOLD REGULAR AND LEGALLY MANDATED MEMBERSHIP MEETINGS BUT THEY HAVE REFUSED FOR OVER A DECADE! THEY ONLY HOLD IRREGULAR AND INFORMATIONAL MEETINGS NOT TRUE MEMBERSHIP MEETINGS! THIS IS A VIOLATION OF THE BYLAWS AND CALIFORNIA CORPORATE CODE.

Since this statement (see post above) was sent to a small list of Unit 10 workers, the room was booked and the leaflets were posted. Since then the profit takers of Blanning and Baker have been working overtime to protect their profit center (CAPS) from cutting them loose and running their own affairs.

To prevent democracy from breaking out in unit 10 they have gone to management to force facilities to prevent the rank and file scientists from holding their own meetings in a facility room despite the fact that Blue Shield, Scientific equipment vendors, Toast-Masters, SEIU, Weight-Watchers etc all use facilites with no charge and no objection. THE ONLY PEOPLE NOT ALLOWED TO USE FACILITES ROOMS ARE THE RANK AND FILE WORKERS IN THE FACILITY!

THIS ATTEMPT TO CONTROL THE WORKERS BY BLANNING AND BAKER AND THE MILLER/VALEZ TEAM IN COLUSION WITH MANAGEMENT IS A VIOLATION OF WORKERS DEMOCRACY. This behavior shows exactly how the CAPS leadership is working hand in hand with management to prevent the membership from meeting and charting a democratic course forward into the contract negotiations.

Rank and File Scientists will hold our meeting on Tuesday May 7th. It may not be in C-140 as originally planned, it may be in a Cafeteria, in the hallway, on the lawn directly outside the Auditorium at C building, in the picnic area waterfall of building P or another place of our choosing. For information come to C-140 or check the break room near your work area.

May 4, 2013 Posted by | CAPS 2013 Contract negotiations | , , , , , , , , , , , , , , , | Leave a comment

ORGANIZING MEETING FOR UNIT 10 RANK & FILE , CAPS RANK AND FILE AND CONTRACT SCIENTISTS TO ORGANIZE ACTION COMMITTEES TO FIGHT FOR A FAIR CONTRACT! MAY 7th Noon Richmond Laboratory Campus room TBD check posting in break room

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Union members met on May 1st 2012 before marching down Broadway to City Hall.

For Matt Austin this is a no…no!

On April, 30th Matt Austin, Blanning and Baker partner and agent for CAPS scabbed against the rank and file by demanding that management stop Unit 10 Rank and Filers, CAPS members, expelled CAPS members and contract scientists at CDPH from holding an organizing meeting. But the workers of CDPH prevailed, WE WILL HOLD OUR MEETING! We will  discuss how to win  a fair contract and build a democratic union. 

As ever Matt Austin is responsible for attempting to prevent CAPS members meeting.  Not that he is the only one to prevent CAPS members from meeting, but he is always one of those who do!  Each and every time he is always one of those who do.

CAPS president David Miller promised in his election campaign literature that he would hold regular membership meetings. But the real power controlling CAPS, Blanning and Baker LLC., will put up with none of that!  CAPS has not had a legally mandated regular membership meeting in over 12 years!  And we’ve seen neither hide nor hair of David Miller or Matt Austin at the CDPH laboratories since long before the election.

Labor organizations, or any organization that is not a fiction holds regular meetings.  Does CAPS hold regular membership meetings?  NO! Well we are going to hold a meeting. We call on state scientists to initiate job site meeting across the state!  Organize the contract workers make a state service union wall to wall!

President Miller plays footsie  and  poses regularly for photos with Democratic Party politicians (see back page pictures in the CAPSULE.)   But he runs from convening regular annual CAPS membership meetings because the leadership is afraid the membership will build a democratic union a throw out the parasitic labor leaches those corporate profiteers Blanning and Baker LLC.

BREAK WITH THE NO GOOD-FAITH, NO WIN DEMOCRATIC PARTY STRATEGY!

CAPS gave Brown’s Campaign 53K then he prolonged the illegal furloughs then imposed Schwarzenegger’s concessionary contract on us!  CAPS leadership caved in without a fight!

STOP FUNDING THE BOSSES POLITICIANS!  BREAK WITH BROWN AND HIS AGENTS!

 

Meeting initiated by the  CAPS FIGHTING UNION CAUCUS  open to all Rank and File working Scientists                                                                                               (415) 205-0359

May 4, 2013 Posted by | CAPS 2013 Contract negotiations | , , , , , , , , , , , , , , , , | Leave a comment

CAPS: Kangaroo Court to Expel Rachlis Again-Rachlis responds to false charges

Response to the Budroe grievance against Rachlis to be heard by the MDRC on October 9th, 2012

 1)    The ossified self perpetuating CAPS board works obediently to maintain the subservience of CAPS to its agents (the labor profiteers at Blanning and Baker LLC,) Democratic and (on occasions) Republican Party politicians and ultimately the ruling class which profit by the demobilization of organized labor.

 2)    By denying members their right to annual/regular membership meetings, under California Corporate Code and under the 2007 CAPS Bylaws, for over ten years many members of the current board have participated in an ongoing theft of services.  The bylaws (literally second law) are a contract between the members and the organization; the members pay dues dollars and the organization is obliged to follow the bylaws.  Yet CAPS denied members their right to annual membership meetings for over 10 years and when I brought it to the attention of the board in a November 2010 letter, the board under the guidance of B&B wrote our right to an annual membership meeting out of the 2011Bylaws.  This may come as a surprise to CAPS but as far as I have been able to ascertain only corporate, fascist, and business unions deny their members the right to hold regular meetings where the members can discuss the business of the organization.

 3)    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 illegally thrown out and the CAPS leadership team would not have lost to Rachlis in the PERB decision # HO-U-1064-S which required CAPS to reinstate Rachlis retroactively to the date of his expulsion.  Playing fast and loose with the rules, are lawyer’s games and they may work to control and organization but they come  at the expense of worker’s democracy which is systematically denied.

 4)    The failure of the CAPS/B&B leadership team to deliver on the economic front and the ongoing denial of members rights has created a breech between the leadership team and the rank and file of CAPS.  By refusing to hold regular meetings CAPS leadership assured that the B&B method of filling the politicians campaign coffers with our dues dollars, and the filling of the partners of B&B’s retirement funds with millions from State Workers dues dollars would not be challenged by any attempt to mobilize the membership around a winning strategy and tactics similar to that which worked for the Chicago Teachers last month, and the Marikana miners last week.  Indeed the lack of workers’ democracy, the failure to take workers’ side in grievances with management, the multiple denials of legal counsel by B&B for workers attacked by management has left the rank and file with the feeling that CAPS/B&B work hand in hand with management instead of working for the members.  This is why an opposition slate running, of relatively unknowns, despite censored campaign statements and limited access to the ear of the membership won 25% in the last election by running on a class struggle-action program.  This type of rank and file response to such a campaign is unheard of in recent labor history.  Indeed the fact that the CAPS-Fighting Union Caucus (CAPS-FUC) won 25% in the last election has the ruling clique running scared and for that reason B&B’s stooges have launched a smear campaign to drive me out of the organization.  Miller/Chatsworth-Brown in their grievance of September 19, 2011accused us of running a campaign for the decertification of CAPS (which was not true then and is not true now) but consider the implication that if it were a campaign for decertification and 25% of the members voted for it B&B’s profit taking days and failed methods would clearly be numbered.

 5)    The current leadership team employs the so-called team concept of labor management relations assuring the supine obsequiousness of labor before management.  This method has left the membership with declining spending power for our shrinking dollar (uncompensated for by COLA’S), cuts in hours and wages due to two years of furloughs and two years of PLD’s, increased employee contribution to medical, to pensions, we lost holidays and have suffered increase of supervisory harassment, as well as racial, ethnic, age and gender discrimination expressed through arbitrary application of unreasonable work and reporting rules.  The membership, 2/3’s of which did not vote in the last election and of the remaining 1/3 who voted 25% voted for the opposition, is clearly not inspired by the leadership which reigns by the combination of inertia and denial of workers’ democracy.

 6)    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.  The MDRC must reject this.

 7)    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 highlighted key controversial phrases and will comment on their meaning further below.

 8)    “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.”

 9)    Budroe and the CAPS /B&B leadership team 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 statement reproduced above is merely a statement of facts.  The facts are: there is no internal democracy in CAPS, the organization has illegally expelled me and illegally suspended Mr. Cosentino (thus establishing a track record as scofflaws) in turn it is reasonable for members of units 9 & 10 to consider that in order to establish democracy in our organizations B&B’s contract must be severed and to accomplish this objective necessity, internal remedy mechanisms may not be adequate.  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.

 10) 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.  Indeed I am not alone at weighing the options before CAPS.  And there is no statute in the Bylaws or PM that denies members the right to talk about or write about weighing options.  Weighing options is not the same as choosing options.  Contrary to its own intention by expelling Rachlis twice in one year the CAPS board would be putting more weight on the scale that the membership is currently looking at.

 11) Budroe claims that our blog posting makes it clear that we do not advocate ‘reform from within’ and that rather we call for decertification.  Again the enmeshment between the entrenched and ossified leadership of CAPS can not disassociate itself from B&B.  The ‘damning’ blog stated “Today we are convinced that CAPS can not be reformed without getting rid of B&B”.  Without overstating the obvious we do not see the contract between CAPS and B&B as carved in stone-it must be renewed on a regular basis.  The CAPS relationship with B&B is based on a contract that the CAPS membership can, if it so chooses, not renew!  This would open the road to reform of CAPS and would shift the weight on the scale toward the possibility transforming CAPS into a fighting rank and file class-struggle organization.

 12) 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.

13) In his frantic quest to expel Rachlis twice in one year Budroe, makes additional attempts to falsify the content of the ‘damning’ blog.  For the CAPS-FUC the principle of not taking workers’ organizations to the bosses’ courts is inviolate and as such we have 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.)

14) It is time for CAPS to begin to function in a democratic manner and stop its illegal denial of membership rights and this witch hunt against members who demand our rights be respected.  If the MDRC reduces itself to the level of a kangaroo court dutifully and uncritically participating  in the Budroe witch hunt, a witch hunt which began with red baiting by Matt Austin in Superior Court, was followed up with addition red baiting by Budroe and Miller during the campaign last year and was reintroduced in the Miller/Brown grievance of September 19, 2011, then this august body will itself be soiled by its actions reducing its respectably in the world of adjudication one akin the McCarthyite House Un-American Activities Committee, the Spanish Inquisition, and the Moscow show trials which sentenced the best working class militants of the 20c to death.

15) In conclusion the MDRC has a choice. You can expel Rachlis on false charges and further expose the undemocratic nature of CAPS.  This action would confirm for many that CAPS is not Workers’ Organization but is truly a captive corporate controlled union reduced to being nothing more than a profit center for B&B and the dutiful enforcer of the capitalist austerity on the backs of the workers of unit. 10.  Or you can reject this witch hunt and open the road to workers democracy in our organization.

Charles Rachlis October 4, 2012

October 9, 2012 Posted by | CAPS WITCH HUNT | , , , , , , , , , , , , , , , , , | 1 Comment

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.

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

Radio Interview CAPS a profit center for Blanning and Baker

Radio Interview CAPS a profit center for Blanning and Baker

Interview begins at the 8:15 mark of the MP3

Our radio interview was not aired on July 23rd as originally planned.  It aired last Monday on Work Week radio hosted by Sabrina Jacobs.
http://archives.kpfa.org/data/20120820-Mon0800.mp3
The update on the PERB Unfair Practice Charge: Final arguments have been submitted and the Administrative Law Judge will make a decision in the next few weeks.  Either Rachlis (and by precedent Cosentino) will be ordered back into the organization or PERB will uphold the process by which the kangaroo court was held.
Organizing continues at work sites around the state.  Members and CAPS are talking to members of PECGS and finding the abuses by Blanning and Baker LLC that Unit 9 workers experience are the same or worse than those faced by Unit 10 workers.
Some workers advocate running for office again, as the opposition slate of relative unknowns received 25% of the vote on their first attempt,  and as only 600 members of a 2,300 members voted the current leadership knows they are vulnerable.  To unseat the current leadership in the next election we need only a few hundred more votes.
Some workers advocate using the Superior Court to enforce compliance with California Corporate Code (an issue we have reviewed in detail at the blog linked above).
Some workers advocate getting a new union to represent us.  Some say decertification is the only method which can get rid of the profit takers of Blanning and Baker LLC (B&B) and create an organization based on rank and file democracy.
I for one have always argued that fighting for leadership of the organization is the best way to create rank and file democracy.  I have argued against those who advocated use of the Court against the union and those who favored decertification.
However;  Whereas we have exhausted all internal remedies and; Whereas we have found out that the union was originally organized (the union signature cards were collected) by the profit taking corporation B&B as a profit center for their business and; Whereas we have witnessed members rights to uncensored elections violated and; Whereas we have seen members rights to membership meetings violated, and; Whereas we have seen members rights as guaranteed by California Corporate Code violated and; Whereas we have been physically battered by Matt Austin (profit taking partner at B&B) and; Whereas it has been reported to us from multiple sources that in handling  grievances Matt Austin, CAPS and PECG agents sided with management and abandoned members cases leading to members being dismissed, we are coming to new conclusions as to the nature of CAPS.
It is clear that CAPS is not a workers’ organization.  The only input workers have into the organization is our payment of dues and the ability to participate in fake elections.  If CAPS is not a workers organization what is it?   CAPS negotiates with the state for our contracts like a union but operates like a corporate profit center for B&B.  The partners of B&B have vested interest in keeping the rank and file from being organized and mobilized.  As CAPS is not a workers’ organization I have changed my viewpoint and no longer consider that the principle of not taking ones union to court no longer applies.
When workers are in a workers organization it would be unprincipled to take that organization to the bosses (the 1% ruling classes) courts.  We stand by our caucus position calling for workers to fight inside their unions for democracy not to use the bosses courts.  However as 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.
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 insiders 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.
Ultimately the strategy chosen to build rank and file democracy in unit 10 and unit 9 can only be decided by the development of a network of core activists at all the major departments who find ways to self-organize, network and come together to hammer out a united strategy and tactics to build a union that can mobilize the membership in the fight against the austerity, to defend our pensions, to win our COLA, to protect our members, to oppose outside contracting, to united with all other public workers and build a movement which does not subordinate itself to the bosses politicians in the Democratic and Republican parties (whom our unions give our dues to and who stab us in the chest when they get into office.)
Are you ready to build a core of caucus activists at you job site?  Ready to network with other unit 9 & 10 members around the state?
Ready for union democracy?
If so contact us and we will join forces to put Blanning and Baker out of business, create union democracy and unite all public workers in action to defend our standard of living by fighting the imposition of  austerity with all workers and workers organizations!

August 25, 2012 Posted by | CAPS/PECG lawsuits | , , , , , , , , , , , , | Leave a comment

CAPS AGENTS BLANNING AND BAKER LLC. EXPOSED ON RADIO AND AT PERB HEARING

Sisters and Brothers:
 
The Caps Fighting Union Caucus continues our fight for reinstatement. On July 27th  Charles Rachlis will argue that CAPS must reinstate the expelled members (both candidates in the last election) or continue to act as scofflaws.  These arguments will be heard  at the PERB hearing in Oakland at 1330 Broadway at 10 a.m.  Trade Unionists, Occupy labor solidarity activists, and other working class advocates are invited to attend this public hearing. 
 
In preparation for the PERB hearing  our spokesperson will be on Work Week Radio  KPFA  94.1 fm Monday July 23rd during the 8am hour.
 
It has been eight months since CAPS President David Miller advanced from board member to President. When he ran for office he promised to convene regular membership meetings.  To date there has not been a regular membership meeting for over 12 years(one where members can put items on the agenda, all the meetings held have been informational not the legally mandated regular membership meetings.) 
 
David Miller promised to fight for pay equity.  Yet last month, without a vote of the membership, he gave back 4.6% accepting his role in enforcing the austerity on the backs of his co-workers. 
 
We campaigned on a program that stated CAPS has a failed strategy and tactics for defending the membership and today they continue their failed methods.
 
In order to silence the opposition slate President Miller and Vice President Velez held an illegal kangaroo court to expel candidates Rachlis and Cosentino from the organization. 
 
They can expel the opposition but they can not resolve the crisis of leadership in CAPS and we continue to expose why and fight for Unit 10 and Unit 9 workers to throw off the yoke of the profit takers of Blanning and Baker LLC who run CAPS and PECG for the purpose of the enrichment of their partners: Bruce Blanning, Matt Austin & Chris Voight (there may be others.)  These partners make profit from the dues base of our memberships.  Ask Austin, Blanning or Voight what is their compensation for taking our dues dollars and pretending to represent us.  Guess what they don’t have to tell you!  
 
Ask yourself is it right that State workers dues are used for the enrichment of a private corporation which can not deliver a regular COLA to keep our wages abreast of inflation, who can not protect us from furloughs (despite the fact that large portions of our funding comes from outside the State general fund,) who can not win us pay parity with the counties, who can not win us geographic pay differentials, who lost us 2 holidays for two years, who refuse to abide the bylaws, the policy manual and California Corporate Code?
 
 
 
Below is the information we have provided the radio producer and will elaborate on during the interview.
 
 
1)    Democratic and Republican, politicians, servants of Wall Street and Finance Capital, have mounted a campaign to impose austerity on the working class.  To do this they attack the last bastion of unionized workers the public workers.  In CA there are 1.5 million of us close to 180,000 of us work for the state of California.  We are organized into unions that operate under the auspices of the Dills Act signed into law by Governor Jerry Brown in 1978. The Personal Employees Relations Board (PERB) oversees The enforcement of the Dills Act which grants  public workers unions their right to organize.
 
2)    In 2009 the state imposed three years of furloughs on state workers resulting in a 15% cut in pay for two years followed by a 4.6% cut in pay for one year including a shift of the pension costs an additional 3% off of the employer and onto the workers and an additional one year of 4.6% furlough starting this July  2012.  State workers wages have not kept up with inflation.  NO COLA means we have lost 18% of our purchasing power over the last 10 years!
 
3)      Our unions’ leaderships operate on behalf of the 1% lying to the membership: first by telling us that we should be willing to “share the pain”  then by telling us we can win a fair contract and defeat the furloughs by suing the government, then by telling us we can count on and should fund the very same Democratic and Republican politicians who are imposing the austerity on us.  The intention of these labor skates is to prevent independent labor action, the formation of a workers party, the building of labor solidarity and the spreading of a general strike movement.  Their job is to contain the frustrated masses of the labor movement in the safe electoral system; they work to demobilize the energized masses into endless repetition of a failed electoral strategy like they did in Wisconsin and keep labor loyal to the capitalist Democratic Party.  They tell the workers,  “don’t use your strike power, don’t fight Taft-Hartly don’t form your own party, don’t reorganize the economy in your own interest, ignore your class interests, keep giving your money and energy to the capitalist Democrats, count on the “good heartedness” of the “friends of labor.”  These lies keep the workers in the trap and prevent us from using our economic power!
 
4)    Our union is the worst type of union it is a corporate union.  It was not organized by the workers and the members have no say in the organization.  CAPS like PECGS before it were organized by a private corporation with the intent of using public workers dues dollars to amass their own personal fortunes…all legal of course.  Unlike thousands of other unions in the USA CAPS and PECGS are independent which means workers who find themselves in conflict with the corporation have no recourse higher than the executive board.  In unions with International affiliations workers with issues can take them to the District Council, the State Convention or the International convention.  In CAPS workers have no recourse and quickly find themselves either abandoned by  or sold out by staff.
 
5)    In real unions there are regular membership meetings.  CAPS has not had a regular membership meeting in 12 years.  This violates both the bylaws of the organization and the California Corporate Code (CCC) under which Mutual Benefit Non Profit Corporations (like CAPS and HOAs) function.  For lack of regular membership meetings alternative strategies and tactics for fighting the austerity can not be discussed by the membership.
 
6)    For lack of meetings we formed the CAPS Fighting Union Caucus to introduce a class struggle program to the membership.  We did this by running a slate of candidates on our program. www.capsfightingunioncaucus.wordpress.com
 
7)    When we ran for office we found out that our electoral statements were both limited in length and censored.  We requested email, phone or address membership lists or mailing labels (as per CCC) but were refused access.  At the union office I was blocked at the door and charged with harassment, a charge ultimately laughed out of SF Superior Court!
 
8)    We won 25% of the vote and were then charged with harassing the staff, calling for decertification and spamming the membership’s e-mails and two of the three of our slate were expelled from the union. 
 
9)    We go to the PERB hearing this week July 27th where we will show the class role of the PERB, we will show how they were created by the 1%’s politicians to give limited rights to workers organizations and to funnel our dues dollars to their campaigns coffers.  We will show how the corporation that profits off our dues and  the union leaders are in bed with the very politicians whom they sit across the negotiation table from. We will show the conflict of interest that prevents our union’s agents and leadership from representing the interests of the rank and file!  We are fighting to be reinstated into CAPS, we are mobilizing workers to declared null and void the prior election, to hold a new election, to assure uncensored statements be sent to the membership, to assure that membership lists be provided to candidates, and that the union severs its ties with the profit takers contracted as staff.  This can only be done by a functioning democratic union so we fight first and foremost for regular membership meetings! Only when we achieve basic democracy for Unit 10 and Unit 9 workers can we address the inadequacies of the current class collaborationist strategies and tactics.
 

July 20, 2012 Posted by | Uncategorized | , , , , , , , , | 5 Comments

HOW TO DEFEAT THE BROWN FURLOUGH & WHY CAN’T THE CAPS LEADERSHIP DELIVER?

 President David Miller promised, to convene regular worksite meetings (not regular membership meetings), to win pay equity, to fight hard for the working scientist but instead he and his team of self perpetuating incumbents, just like Unit 9’s PECG leadership are merely pawns on some one else’s chess board.   While scientists and engineers are finding their middle class expectations evaporating as quickly as the mirage that was the “American Dream,” the Blanning and Baker (B&B) team and the Miller regime have nothing to offer the membership except the heads of the rank and file oppositionists on a platter.  Meanwhile SEIU 1021 representing the SF City workers just won a no concessions contract after a strong strike authorization vote, blockading traffic and temporarily occupying city hall.  In the UK the IWW  defeated an attack on the wages and hours of janitors at St. Georges University of London.  Today the bosses and their two bit politicians are vulnerable and can be defeated by militant rank and file mobilizations and job actions but the CAPS/PECG leadership bound and gagged by B&B have nothing to offer our members but cuts in wages!  DO NOTHING AND WATCH YOUR WAGES GET CUT!  ORGANIZE FOR STRIKES NOT FURLOUGHS AND WE WIN!

 You may wonder why for years we have heard about CAPS bold legal strategies but  never that our lawsuits nearly always lose.  You may wonder what stroke of genius led to the failed strategy of relying on the courts and politicians rather than on the organized strength of the rank and file.  The CAPS/PECG strategy to rely on the courts, profits the lawyers whom B&B engages but does nothing for the membership as we outlined at our blog tracing their history of failure.  Their strategy is to give hundreds of thousands in each election cycle to the very politicians who represent the interests of the 1% has won us nothing but concessionary contracts, with more give backs to come.

Look at these two failing organizations (CAPS & PECG) and ask qui bono? Who has made a career of misrepresenting the Unit 10 scientists and Unit 9 engineers? Who ends up with all our dues money? Who is so afraid of the membership that they refused to hold a regular membership meeting for over ten years, who is so afraid of transparency that they refuse to inform the members when they revise the bylaws and policy manual?  That would be Blanning and Baker LLC (B&B). 

 This firm has taken our unions (CAPS & PECG), which are organized as Mutual Benefit Non-Profit Corporations, has held them captive and turned them into profit centers for their partners.  B&B have little interest in putting up a real fight for our interests, their goal is to funnel your dues dollars into their partners’ 401K’s not to assure your wages and conditions!   So far they have been successful accomplishing their goal at our expense!

 Hence we will not see President David Miller prepare the membership to win us pay equity, he will not organize the membership to win ten years back COLA, he will not win back pay from the stolen holidays, he will not prevent or even try to fight the impending Brown furlough.  Rather he will negotiate with Brown about how we are to be robbed, either via the brutally long 9.5 hour day or the re-imposition of the floating furlough day. THE BOSSES SAY CUT HOURS AND PAY CAPS SHOULD SAY SHARE THE WORK THIRTY HOURS WORK FOR FOURTY HOURS PAY-CREATE JOBS FOR ALL!

 Why won’t Miller organize a broad coalition with PECG, AFSCME, Local 39,  & SEIU 1000 to show some muscle and stand up to Gov. Brown (Arnie 2 or Meg in trousers)?  Not because he has no faith in the power of the rank and file; but rather, like the majority of the trade union leadership in this nation, Miller has rejected the strategy and tactics that built the unions in the first place.  While the 1% has declared war on working people and in particular public workers unions, B&B and the Miller regime scoff at class struggle methods and instead contain the membership by keeping them from meeting and organizing together. 

 The Miller/Velez regime, held their kangaroo court to get rid of Rachlis/Cosentino not only because they fought for democracy in CAPS but because the caucus offered a more appropriate method of struggle with which to respond to the class war launched by the 1%-the ruling class to impose the austerity on working and poor people.  But Miller/Velez are subservient to both the profit takers of B&B and the capitalists’ bought and paid for politicians in Sacramento (see April’s issue of the Capsule for the snapshots of CAPS leaders embracing the banksters’ political stooges.) They will help to impose the next phase of the bosses austerity on the membership by offering more concessions rather than organizing a united front of public workers to take collective job actions! 

 Not directly in word but definitively by deed, B&B and the CAPS Miller/Velez regime push the bosses’ lie, that there is no money in the state of California and that we, must help pay for the crisis that the failing structures of capitalism has created.  They ignore the fact that there are over 80 billionaires in the state of California and these hoarders of capital rely on the delusion that it is the political stalemate in Sacramento which prevents the people from liberating the funds from the billionaires and the mega corporations. 

 The fact is if Californians waits until tax reform is voted on in Sacramento or for proposition 13 to be revised we will all be dead and in our graves.  The electoral system has failed the working people, the elderly, the students, the unemployed, and specially oppressed.  The electoral system is controlled lock stock and barrel by the 1%.  This leaves workers with only one weapon with which we can exert our economic and social weight on the political stalemate.  To respond to their class war we need to stop the wheels of production.  We need to unite all public workers, students, and recipients of state services to launch an indefinite general strike.  After about a week shutting down the state the billionaires will be throwing money at the problem because they can not sustain their profit making without the state workers keeping the state functioning!  WE ARE THE POWER THAT ALLOWS CAPITAL TO PROFIT!  

 CAPS leadership and B&B’s inability to fight for our interests should come as no surprise to anyone who has had to fight a grievance with management.  In case after case CAPS and PECG members have reported that B&B (which is supposed to provide advocates on our behalf) have sent their partners Matt Austin or Chris Voight and these characters sided with management against the workers or arrived at hearings unprepared, or gave the member the impression that they were lawyers only to revel at the last moment that they are not lawyers.  In other cases they told rank and file they could not represent them or strung them out for so long that the members retained other counsel; only to find out that once you retain outside counsel CAPS or PECG are no longer obliged to represent you, thus letting B&B off the hook.

 CAPS leadership incapable of keeping its promises to the membership has instead expelled members who advocated alternate tactics of organizing to defend our interests.

After censoring the opposition’s campaign statements, denying candidates their right to access the membership and denying the membership the right to annual membership meetings, the leadership under the direction of the dues sucking leaches at Blanning and Baker chose to sell the membership out in order to keep their friendly relations with the politicians they cozy up to. 

 For the membership to defeat the Brown furlough and win what we deserve we need to take our union back.  Demand no concessions!  Demand and emergency statewide membership meeting! Demand a united front of all public workers to prepare for job actions now!  DON’T WAIT FOR THE UNION LEADERS ORGANIZE INTER-UNION ORGANIZING COMMITTEES IN EVERY WORK PLACE, PREPARE FOR GENERAL STRIKE!

June 4, 2012 Posted by | Brown's Furlough | , , , , , , , , , , , , , , | 2 Comments