capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

CAPS DOG AND PONY SHOW COMES TO CDPH: OLD SONG AND DANCE DOES NOT CUT IT WITH THE MEMBERS!

In a sadly comic rendition of “We’ve got plenty of nothing” sung in three part harmony by the CAPS leadership, President David Miller sang back up for  Blanning and Baker LLC. Partners (and CAPS Agents) Chris Voight and Matt Austin.  They put on the old song and dance for a weakly attended (less than 10% of membership) pre-contract negotiations informational meeting in Richmond at the CDPH auditorium on June 4th.

We will ponder the reasons for the weak attendance and offer a strategy for how State Scientists can gain pay parity, advancement opportunity, stable pensions and regular COLA’s after considering the strategy and tactics the President and the highly experienced Blanning and Baker team had to offer.

After telling us what we already know: our pay and benefits are 30% behind both local county and city benchmarks, that the 3% “won” in the last contract barely offset the pension give back, they acknowledged that this years’ negotiations are all about the money; that we’ve been waiting for a long time, that we “shared the pain”, that we’ve done more than our share for this governor and then Voight lamented that we have a stingy governor .

The following refrain was played over and again to a dwindling audience: You can help!  Yes you can! Go to your managers, tell them to write the need for salary pay parity into the strategic plan, that is the only way it will go up through the chain of command of the state executive across to the legislative and create receptivity at the negotiating table.

They then referred to sympathetic Branch Chiefs like Barbara Materna who favor pay parity, admonishing the membership to be proactive and shoot this concept up the chain of command.  This ignores the fact that many at the level above the Rank and File are Unit 10 supervisors*, many of whom are voluntary CAPS dues payers and should have been pushing this up the chain of command, according to the Blanning and Baker theory, for over a decade now.  Additionally, if this is the strategy of the CAPS leadership they wouldn’t just drop it haphazardly at an informational meeting.  They are not serious about this kind of campaign because if they were, they would be writing and calling the membership about it, they would provide informational packages to create template letters and petitions and provide a structure to run the campaign, either on paper or online, creating a record of the struggle for pay parity.  But they are not serious.  They threw this sop out because they have nothing else to offer.  With this game plan the blame for the failure is assigned to the membership.

Their big negotiating ploy is to bring a young new employee to tell HR that he cannot afford to work for the State and if they do not fix the pay structure they will not be able to retain him.  Blanning and Baker base this strategy on the false premise that HR cares if the departments fall apart.  HR does not care; HR already knows.  The Governor has drawn the line.  Unions and programs that serve the people are on the chopping block.  He is committed to imposing austerity at the expense of the state workers and the public who depend on state services.  He will not be swayed by logic, mutual benefit schemes, or pleas from the underpaid.  There is only one tool workers have which can win back what we lost and that is the All Public Workers Strike.  To win, labor must also strike out independently of the bosses’ politicians and political parties, be they Democrats or Republicans and only run our own candidates in a workers party.

CAPS members were solicited to send any relevant Pay Parity information (ads for comparable jobs) to the negotiating team.

As benchmarks have been established for years, and considering that Blanning and Baker have staff already doing nothing for us, why don’t they run the Google searches for new employment and benchmark information?  All this was a poorly presented song and dance obligatorily delivered without any pretense that CAPS (as organized today) can win!

What they did not mention was:  that they choose to give “this stingy governor” $53K in his election campaign, that CAPS supported prop. 30 and No on prop.32 with the highest per capita contribution of any state workers, that we dropped our fight for reimbursement for the illegal furloughs, that they forgot to say anything about when we would get the money for the 2 stolen holidays that we worked, or that lack of COLAS have impacted our  purchasing power >20% over the past decade, or that by accepting a two tier medical retirement benefit a wedge is driven between the various tiered workers, or that they have been denying the membership democracy for over a decade,  or that Blanning and Baker partners took no cuts during the furloughs, or that the membership is purposefully demobilized to keep the  strategy of partnership with management in place, and to keep subsidizing politicians, lawyers and lobbyists, which ultimately gets us nothing but keeps the dues dollars flowing to the coffers of the Blanning and Baker LLC. partnership.

Why then did this pathetic trio play to an empty opera house?  Because the members have been alienated from their organization by design.  We know their record, we know how they have done it, we know how they violated the bylaws and the promises to hold meetings and when the last real meeting was.  We know and can show that their installation of officers has been illegal under the CCC.  So who would want to go down the block to see these guys?  What have they ever done for us?  We know that our final pay it tied more to the SEIU 1000 contract than to anything Blanning and Baker and the CAPS leadership negotiating team will supplicate for at the table.

Because all their strategies fail the workers, because they are never going to mobilize the membership and because they are in bed with management, the politicians and lobbyists, it is time for us to turn out the current leadership, fire Blanning and Baker LLC., and form a democratic union politically independent of the Democrats and Republicans.

*For over a decade the plan for pay parity has ridden a one trick pony,  to win parity first for the supervisors by forcing the executives hand in court which presumably would result in corresponding Rank and File raises although the logic of this assumption would escape anyone who has ever worked for wages.  The failure and future of this strategy was not even addressed at the meeting.  Without this plan Blanning and Baker alongside Miller were grasping at straws telling us to beg management to fight for us in the strategic plan!  Is this a joke or what?

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June 6, 2013 Posted by | CAPS 2013 Contract negotiations | , , , , , , , , , , , , , , , , | Leave a comment

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

 

 

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