PEF was notified today that the Public Employment Relations Board (PERB) will not process Governor’s Office of Employee Relations’ (“GOER’s”) application which seeks to designate 2500 PEF titles as M/C until GOER provides “a statement for each individual for whom a designation is sought that identifies whether the designation is sought for managerial status or confidential status; and the duties that form the basis for the designation requested”. A copy of the letter can be viewed here. GOER must submit an original and four copies of that statement by January 5, 2015.
This is encouraging news as it shows that PERB is firm in holding GOER to the requirements that an employer’s application must contain more than a mere conclusory statement that positions, which have been in PEF for decades, should now be M/C. If, and when, GOER submits a revised application, once again PERB will review for compliance with its law and rules. If PERB processes the new application, we will respond and will raise all substantive and procedural issues that are meritorious.
As far as whether GOER has to once again notify all 2500 impacted members, we take the position that GOER must do so as PERB’s rules require a simultaneous notice with the filing of an application. In January, if a new application is filed, it would be different from the first and contain new information, therefore, we would take the position that our members need to be notified again.
We are very pleased with PERB’s quick action and we are grateful of its timing, as it relieves some of the unnecessary stress to our members created by this extreme overreaching by the state. This action by the state is a reminder that we must be united, as our strength is in our resolve to grow and strengthen the union. Be assured that if GOER, on behalf of the state, submits a revised application, we stand ready to fight for these positions we strongly believe belong in PEF.
We wish all of our members a very happy and safe holiday season!