Wednesday, September 27, 2006

Meet-and-Confound: the inside story on CCPOA's 'influence'

Yesterday, your blogger was the invited guest of CCPOA President Jimenez at a "meet and confer" with state 'negotiators' over the impact of Jessica's Law on BU6 members. Conducted on the neutral ground of a local motel conference room, the brief session was, to yours truly, a revelatory crash course on labor relations a la Schwarzenegger .

Some 15 years thence, when I was charged with conducting monthly, informal meetings with then Director Rowland, meet-and-confer meant precisely what it implies: the parties met and earnestly conferred over the matter at hand. This isn't to say the State rolled over back then--the exercise rarely resulted in significant modifications to their plans.

Even so, the records of those sessions provided documentation of each party's representations prior to the implementation of specific policies. Thus, CCPOA had fodder for subsequent arbitrations, Court action and public dissemination. What I witnessed yesterday was another critter altogether.

'...it is unfair, unethical and an outright breech of both common sense and the spirit of labor relations to expect the union to meet and confer over a policy that does not exist.'

(-Cheap, teaser quote of my own post)



Some 24 days prior to the session in question, DORC/DPA sent notice to CCPOA of its intention to implement changes relative to Jessica's Law and the impact pre-screening of sex offenders would have on correctional counselors and parole agents. CCPOA promptly notified the State of its desire to meet-and-confer. So, with 6 days of the 30 day window provided under MOU 27.01 remaining, DORC/DPA came to the table.

Jimenez pressed Tim "Flipper" Virga and DORC's chief negotiator as to what plan DORC was prepared to discuss--CCPOA has yet to receive a any documentation proposing changes beyond the meet-and-confer notice containing the nebulous language "implementation of Jessica's Law."

Flipper's responses and positions are accurately summarized as follows:

  • No plan exists. However, Marilyn Kalvelage was present to discuss "unvetted drafts" pending "administrative review."
  • 30 days after noticing CCPOA (6 days following the day's session) DORC was prepared to implement the plan--the "plan" Kalvelage stated was an unreviewed, working draft.
  • The State's duty to meet-and-confer has no bearing on implementation: DORC can implement 30 days after sending the notice. CCPOA, then, may negotiate over BU6 impact AFTER the state implements unilaterally.

After a stentorian 19 minute exchange, Jimenez summarized CCPOA's position: it is unfair, unethical and an outright breech of both common sense and the spirit of labor relations to expect the union to meet and confer over a policy that does not exist.

At that point, the State Team asked for a caucus and left the room. 20 minutes thereafter, the assembled team learned Flipper and Friends had left the scene of the crime, presumably to begin implementing the non-existent, undiscussed "plan." That, fellow Riders, is an example of the undue influence in DORC operations enjoyed by the "powerful prison guards union." This masturbatory process is the basis upon which Massah John and Roy Bean Henderson aim to destroy CCPOA.

Now, recognizing that labor relations practice and protocol are arcane at best, consider the purchase of a new car for comparative purposes.

Imagine you went to see Cal Worthington prepared to purchase a 2006 model. As a savvy consumer, you have the Edmonds Guide in your hip-pocket, know the invoice prices and have pre-arranged financing. So, all you have to do is haggle for the best price. Cal's salesman is only too happy to work out a price with you, with one qualification: he won't tell you which car you're buying. It could be a Crown Victoria or a Fiesta--they haven't vetted it with Old Cal as yet.

As it happens, the meet-and-confer session was documented by a licensed court reporter. Everything represented here is there in black-and-white--irrefutable proof that CCPOA has NO SAY and virtually no labor rights under this administration. The assertions of the editorial boards, supplicant journalists, prisoner advocates and activist jurists have been exposed, once and for all, as bald-faced lies.

That, my friends, is why the Special Master has no use for the transcripts...or the truth. Small wonder he holds Flipper and Ms. Hansen in such high regard.

3 comments:

bob walsh said...

Great piece Paco. I don't know if the situation is more reminiscent of Franz Kafka, Lewis Carroll or Rod Serling, but it clearly demonstrates the REALITY of the situation. Not that reality is likely to have much to do with any sort of legal review, at least not with Judge Roy Bean Henderson and friends doing the reviewing. Fortunately, the United States Supreme Court is not quite as bad as the 9th Circus, and it might come to that.

Jo Guard said...

Hey Bob,...You finally got it right! (9th Circus!)

Anonymous said...

And people seem surprised that DORC is any less prepared to meet and confer with CCPOA than they are when they testify before the legislature?

Only difference being, people like John Dovey can't tell the legislative leadership to kiss off. Ever seen a DORC manager ready for a meeting? Nope. Need someone to blame? Flipper Virga is the perfect person to blame. There's no middle or upper manager with the intestinal fortitude to tell him off. They're all sheep afraid of him, or they're setting him up to be the fall guy when the shit hits the fan.

Sort of reminds me of Slim Pickens riding the bomb in "Doctor Strangelove"