State’s Last, Best, and Final Offer Implementation Plan

State’s Last, Best, and Final Offer Implementation Plan

Your CAPS Bargaining Team (CAPS Team), staff, and legal counsel continue to review the State’s imposed terms. This analysis includes, but is not limited to:

  • Comparing the State’s planned implemented terms to our previous 2018-2020 Memorandum of Understanding (MOU), as well as the LBFO presented to your CAPS Team in December 2023;
  • Comparing the State’s implemented terms to the Dills Act, other statutes, regulations, and the CalHR Manual that take effect, absent an MOU; and
  • Assessing any possible legal or legislative challenges.

Allowing CAPS legal counsel and staff time to complete their comprehensive analysis ensures State Scientists will be well informed, and that your CAPS Team has an informed foundation moving forward. In trying to get the analysis of the implementation plan right, accuracy and thoroughness are needed.

We’ll continue to provide updates on the analysis, as they are available.

Impasse Timeline
  • The Public Employee Relations Board (PERB) declared impasse September 26, 2023.
  • Your CAPS Team and the State engaged in the mediation process from November 8, 2023, to December 13, 2023.
  • The State presented your CAPS Team with their LBFO on December 19, 2023, which was rejected by CAPS on December 21, 2023.
  • Almost four months later, Monday, March 18, the State provided your CAPS Team notice of their intention to impose some variation of their December 2023 LBFO. The State offered to not move forward with its Implementation Plan if your CAPS Team returns to the table to bargain in good faith for a successor MOU. 
  • Thursday, March 21, your CAPS Team requested the State “expand on what concessions or movement the State is willing to make. Alternatively, please provide what discussions the State would like to have, should the CAPS Bargaining Committee return to the table. It’s been four months since we rejected the State’s LBFO and nothing tells us why the State has a sudden interest in returning to negotiations.”
    • The State has still not provided any response to our request.
LBFO Refresher
  •  The Dills Act, specifically Government Code Section 3517.8(b), allows the State to unilaterally impose “any or all” of the terms with their LBFO. 
  • However, the State cannot impose anything that would waive our statutory rights (such as our right to strike). 
  • Any implemented terms involving the expenditure of funds, or that would conflict with existing statutes, must go to the Legislature for approval.
  • Implementation of any or all of the terms within the State’s LBFO doesn’t relieve parties of obligations to bargain for a successor MOU, should changed circumstances break impasse.
  • The State can unilaterally implement terms of their LBFO until a collectively-bargained MOU can be reached. Just the same, however, state scientists are free to withhold our labor under these terms.
Links to the State’s Implemented Terms of their LBFO and Related Documents

*Note: these documents do not provide a comprehensive overview of everything that applies to State Scientists right now. We recognize that there is a lot that is missing from the State’s implemented terms, and CAPS attorneys are working tirelessly to assess the laws, regulations, and policies that apply in the absence of implemented language.

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  • Learn more about the CAPS Contract Action Team (CAT) and become a leader in your worksite TODAY!
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