CFA GOVERNMENTAL RELATIONS OFFICE WEEKLY REPORT
"CFA BILLS HEADED TO THE GOVERNOR'S DESK"
2001 EDITION - Issue No. 33
September 13, 2001

CONTENTS:


From: GRO <gro@calfac.org>
Date: Thu Sep 13, 2001  14:30:36 US/Pacific
To: gro@calfac.org
Subject: GRO WEEKLY REPORT
Reply-To: gro@calfac.org


CFA BILLS HEADED TO THE GOVERNOR'S DESK

CFA's sponsored legislation continues to move through the Legislature. On
Wednesday, the Appropriations Committees of both the Assembly and Senate
approved SB 1212 (Romero) and AB 1081 (Nation). CFA's other sponsored
measure, ACR 73 (Strom-Martin), was approved by the Senate on Monday
(24-13), and the Assembly approved the measure on Thursday (60-16). It is
expected that SB 1212 and AB 1081 will arrive on Gov. Davis's desk by
Friday, and it is believed the Governor will take action on the two
measures by October 1.

LETTERS TO GOV. DAVIS ON BEHALF OF SB 1212 AND AB 1081 NEED TO BE SENT
ASAP.  Signed letters may be mailed directly to the Governor, or forwarded
to the CFA GRO office by fax at (916) 441-3513. USE THE SAMPLE LETTERS AT
THE END OF THIS REPORT.

SB 1212 prevents a 1976-enacted law establishing CSU faculty due process
rights from being "superseded" by a collective bargaining agreement, unless
the agreement exceeds the level of rights currently in law. SB 1212 will
prohibit the CSU administration from attempting to reduce or eliminate due
process rights in negotiations with CFA.

AB 1081 allows CSU part-time lecturers who teach a 40 percent load for two
consecutive semesters to be eligible for CalPERS retirement benefits,
contingent on an agreement reached with the CSU administration through a
collective bargaining agreement.

ACR 73 directs the CSU Board of Trustees to provide a report to the
Legislature regarding its faculty hiring practices, and to jointly develop
a plan with CFA and the Academic Senate by May 1, 2002 to raise the
percentage of tenured and tenured track faculty positions to 75 percent,
and provides that no lecturers will lose their jobs as a result of
implementing the plan.  (As an Assembly resolution, ACR 73 does not require
the Governor's signature.)


SB 1212 SAMPLE LETTER

 [TODAY'S DATE]

The Honorable Gray Davis
Governor of California
The State Capitol
Sacramento, CA  95814

RE:	SB 1212 (Romero)  CSU Faculty Due Process Rights - SUPPORT

Dear Governor Davis:

I am a faculty member at [YOUR CAMPUS] and a union member of the California
Faculty Association (CFA). I urge you to sign SB 1212 into law and protect
the due process rights of California State University faculty. SB 1212
establishes existing law - that was first enacted 25 years ago - as a
minimum level of due process rights for these employees.

As with other education public employee groups who are guaranteed due
process rights in law that are "non-negotiable," CSU faculty should not be
placed in a position where job standards and working conditions would have
to be compromised to preserve long-standing safeguards that ensure employee
grievances are addressed. Due process protections should not be negotiable.

As you know, the right to a hearing to address grievances is one of the
basic cornerstones of labor protections. Under the 1978 Higher Education
Employer-Employee Relations Act (HEERA), numerous collective bargaining
statutes may be superseded if the negotiating parties agree to such
changes.  However, by abusing the intent of this provision, the CSU has
repeatedly attempted to weaken the due process statute through the
collective bargaining process. Most recently, the CSU administration
proposed conditions that would have prohibited CSU faculty from challenging
administrative decisions affecting tenure and job promotions.

To ensure that due process is protected, I request you to SIGN SB 1212 INTO
LAW. Thank you for your attention to this important labor issue.

[YOUR NAME]
[YOUR TITLE, IF ANY]
[YOUR CSU CAMPUS]
[YOUR FULL MAILING ADDRESS]

cc:	CFA, by FAX: (916) 441-3513


AB 1081 SAMPLE LETTER

[TODAY'S DATE]

The Honorable Gray Davis
Governor of California
The State Capitol
Sacramento, CA  95814

Re:	AB 1081 (Nation)  CalPERS for Part-Time CSU Lecturers - SUPPORT

Dear Governor Davis:

I am a faculty member at [YOUR CAMPUS].  I urge you to sign AB 1081
(Nation), which would allow part-time CSU lecturers - who teach a 40
percent load for two consecutive semesters - to be eligible for CalPERS
retirement benefits. Prior to enacting this benefit, the CSU and CFA would
need to reach agreement through the collective bargaining process, with the
benefit costs being allocated from the existing CSU compensation pool.

* AB 1081 provides uniformity to CalPERS by applying the same "half-time
teaching" eligibility criteria to CalPERS retirement benefits that
currently exists for CalPERS medical benefits.

Because of discrepancies between current law and CSU practice, part-time
faculty who are teaching "half-time" - defined by the CSU as a 40 percent
teaching load - are not meeting CalPERS' "half-time" threshold defined as a
50 percent teaching load. Under current law, CSU lecturers must teach
half-time for three consecutive semesters to be eligible for negotiated
CalPERS benefits. The CalPERS "half-time teaching" definition is based on a
full-time faculty position that includes "non-teaching" responsibilities
such as participation on campus or departmental committees. However,
lecturers generally do not participate in - and are not compensated for -
"non-classroom" duties. Conversely, the CSU half-time standard includes
only teaching duties and more accurately reflects actual teaching load.

* Last year, you corrected a similar discrepancy by signing AB 211 (Chapter
12, Statutes of 2000). AB 211 placed in statute the CSU's half-time
teaching load standard to qualify faculty for CalPERS medical benefits.

AB 1081 is also consistent with the eligibility criteria for the state's
major retirement provider for K-12 and community college instructors, the
State Teachers Retirement System (CalSTRS). Under CalSTRS, part-time faculty
teaching half-time or below are eligible for retirement benefits.

* According to CalPERS, AB 1081 would result in annual costs of $3.7
million - or approximately 0.7 percent of payroll - based on the estimated
1,100 new CalPERS members resulting from this legislation. These monies
would be allocated from the existing CSU compensation pool per a negotiated
agreement between the CSU and CFA.

To correct existing inequities, I respectfully request you to SIGN AB 1081
INTO LAW.

Thank you,

[YOUR NAME]
[YOUR TITLE, if any]
[YOUR CAMPUS]
[YOUR MAILING ADDRESS]


cc:	CFA by FAX (916) 441-3513



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