Thursday, October 14, 2010

You Can Lie, But You Can't Hide!

As a faithful reader of Sternburger with Fries, I was pleased to see Tasty connecting the dots between Steve Greenberg's whitewashing of SEIUs sins of the day and Randy Shaw for calling him out for who he is: Stern's college roommate turned thinly veiled cheerleader for SEIU International. The latest Greenhouse inspired problem: a NY Times article that supports the neutrality of Kaiser but ignores the injunction filed against Kaiser. Also of note is his delcaration that SEIU is a "powerful, nationwide union that could do a better job negotiating contracts" but I wonder if he has looked at any of these contracts. The "bigger is better" message still has great meaning to SEIU.

Below is included Steve Early's letter to the editor calling out the Time for its very selective reporting. Go Steve!

To Mr. Arthur Brisbane,
The Public Editor, NY Times:
 
When a big employer violates federal labor law, and its misconduct affects the outcome of the largest private sector union representation vote since 1941, shouldn’t Times readers be informed about this?
 
Steven Greenhouse’s Oct. 9, 2010 article on the recent National Labor Relations Board (NLRB) election at Kaiser Permanente (“Big Union Wins Vote Against a Rival in California”) quotes a Kaiser spokesperson, John E. Nelson, who declared that the election was “fair.”
 
Mr. Greenhouse reports: “Mr. Nelson said Kaiser was neutral throughout the campaign and had ‘cooperated fully with the N.L.R.B. to assure that we met our legal obligations.’ ”
 
Nowhere in this article does Greenhouse mention that the NLRB has issued a major unfair labor practice complaint against Kaiser for violating its duty to bargain fairly with 2,300 employees who left the “big union” (the Service Employees International Union) in January and joined its “rival” (the National Union of Healthcare Workers. The Board’s regional director in southern California has accused Kaiser of withholding a scheduled 2% raise last April—a management action that unlawfully punished the defecting SEIU members for their exercise of “employee free choice.”
 
If Kaiser had "cooperated fully" with the NLRB and met its "legal obligations," this case would have been settled last Spring, and the affected workers would have been paid what they were owed under their old contract. Instead, management misconduct cast a long shadow on the just-completed election, in which 43,000 Kaiser employees chose to stick with SEIU, rather than change unions and be treated like their 2,300 co-workers now represented by NUHW.
 
On Oct. 4, the NLRB sought what’s called a “10(j) injunction” in federal court, to obtain immediate back pay and other benefits for the 2,300 workers, while their case is still being litigated. This action is taken in only a handful of unfair labor practice proceedings every year, where the damage to workers rights is particularly egregious. Yet Greenhouse makes no mention of this in his article, again failing to provide readers with a full and accurate picture of the employer behavior that influenced the outcome of the latest SEIU vs. NUHW contest at Kaiser.
 
In the interests of full disclosure, I should note that I am an active supporter of NUHW. But as someone with 35 years of experience in labor law, labor journalism, and union organizing, I find the omission of these salient details to be quite a lapse in The Times’ usual standards of reporting.
 
Steve Early
11 Ely Rd.
Arlington, Mass.
02476
(781-643-1489)

Better Dead than Red?

Wow, shocking but totally unexpected. Way to go Zombie UHW! You'll do anything but support dues paying members, won't you? I suspect this is the first of many healthcare employers to reduce it's workforce now that employers know that if put to a vote for UHW or NUHW, the Purple Plague will bend over backwards to screw it's own members just to secure a win over NUHW. The message here is clear: think for yourself or vote for NUHW and you're on your own. "Race to the bottom," indeed!

Monday, October 11, 2010

What a $50 million fear and lies campaign buys the Zombies

Read Cal Winslow's excellent article on  the Kaiser fight, why NUHW lost and why standing up to fear -- be it from your boss or your union -- is crucial to making an informed decision. SEIU will spend any amount of money and use lies, fear and employer collusion to keep what is shouldn't have. No wonder organized labor is taking a beating: Americas fastest growing union is going out of it;s way to show how progressive and caring it is!

Saturday, October 9, 2010

Money Talks; Democracy Walks

As we've all heard by now the Zombies and their blind-sided members at Kaiser "have overwhelmingly voted to keep our union". We all know how the Zombies like to overstate everything but this one time they are right. They did achieve a victory but only by overwhelmingly annoying the very members it wishes to represent. They lied, bullied and spread fear among members who are just trying to do their job and are entirely uninterested in the livelihood of union employees bent on keeping their jobs, including clueless temps supplied by one of SEIU's remaining allies the Obama administration . They may have won the battle but, as in the Fresno Homecare War of 2009, they are losing the war for California healthcare workers and both victories are under review by the government.

Though the Zombies teamed up with Kaiser management and basically strongarmed their way to a false  victory, this cash hungry approach to keeping members will quickly bankrupt SEIU. Once those paychecks start bouncing (which I have heard has already began) they will be unable to find anyone to work on their behalf and against the members. It's hardly a surprise, but still very discouraging.

So what's next? Well the Zombies are likely to screw up the lives of members now under contract and once enough people are burned by SEIU they can put management intimidation and Zombie bullying aside, look at their diminished paychecks and vote what is best for them.

* * *

As you may have noticed I've been laying low for a while now and for this I have an explanation. As a homecare member I was (and still am) quite interested in the future of homecare in California where I was born raised and (for now) still live. I also wrote extensively about Santa Rosa Memorial Hospital given my various connections to the hospital. I want to write my own original material based on what I read and observe and not rely on the writing of others such a former UHW cheerleader "X Perez whatever", nor do I want to say pretty much the same thing as Tasty Burger. It occurred to me to Perez Stern covered the Fresno homecare battle, Sierra Spartan covered the descent of Andy Stern and I focused on Sonoma homecare...we all have out specialties. Tasty Burger clearly has the inside scoop on the Kaiser battle.

Since I've been busy with earning a living, keeping up with my bills despite the effort of SSI to penalize me every time I try to provide for my family, and branching out in my other financial endeavors I've had my distractions. For now there will be less frequent blog entries but I'm still here, watching, thinking, waiting for that sign that tells me now is the time to break free of Zombie rule here in Sonoma county.

Friday, September 10, 2010

New KP workers website

In an effort to combat the ever rising tidal wave of lies and manipulation from the Zombies I have posted a like to the NUHW sponsored website. Learn more about what is really going on in Kaiser. Note the tone of the website, no use of fear just just the law plain and simple. Go NUHW!

Thursday, September 9, 2010

Kicking Us While We're Down: Republican Legislators Truly Despise the Poor

As a low income worker who is constantly attacked for working in the IHSS program and is brutally punished for trying to legitimately get ahead in life, I find it particularly gauling that Republican legislators are so willing to eliminate the poor by gutting our financial support! I know some of these legislators represent constituents that reward them saying "no" to spending money on any kind of socially oriented programs, but this is ridiculous.


Nothing like a little truth to destroy an otherwise solid sounding argument!

Friday, August 27, 2010

When in bed with the boss make sure the roof doesn't cave in!

This is disturbing as it is unexpected. As time goes on SEIU is becoming harder to differentiate from the employer it seeks to emulate, by acting more and more like the employers it should be battling on behalf of it's dues-paying members. This week's act of complacency and passive support is documented below in Randy Shaw's article on Beyond Chron.

Saturday, August 21, 2010

"Doctor" Huerta makes the rounds

She's fearless, she's respected and she's feared by UHW/Kaiser for daring to think and then speak her mind but that's exactly what she is doing. Go Dolores!

Wednesday, August 11, 2010

2 down... a few more to go

Hear ye, hear ye: Anna "I've held every position but president, so pick meeeeeeeeeeeeee" Burger has decided to hang up her spurs. Don't run away now, SEIU is about to have it's rear-end handed to on it on a plate. Anna, you must stand by the president you now support...she's going to need it. Could this be the first of many high level SEIU execs to finally read the writing on the wall and jump ship before it completely sinks? Maybe. I'm sure Brave Sir Regan would rather die than quit so who's next? Email your suggestions. Top names will become choices on a poll.

Thursday, August 5, 2010

Kaiser Santa Rosa Stewards to fellow members: see you on the other side!

For a year and a half now the Zombies have been slapping around their own members on multiple occasions and recently it's own staff, but now now they've really done it: 48 of their own stewards resigned en masse to support NUHW. That's 48 less in quickly shrinking army of largely willingly-blind supporters*. To quote from my favorite movie: They "showed these men of will what will really was".



I wonder just how much loss they have to endure before they realize they are fighting an uphill battle against a tiny, underfunded, small in membership but well supported upstart union they keep losing to! This should prove to be quite an exciting summer for union democracy,  California healthcare workers and the long overdue but well deserved collapse from it's own arrogance.

* I suspect the Zombies supporters are half willingly-blind supporters, and half totally clueless people who just believe what is told to them because of the perceived authority that is SEIU.

Tuesday, August 3, 2010

An Open Letter to SEIU President Mary Kay Henry

Dolores Huerta, co-founder of UFW, tells it like it is. Go Dolores!

Friday, July 30, 2010

SEIU & the Zombies: Above the law?

It looks like the Zombies are on the way to court again, this time not to fight with NUHW but to explain to the Federal government why the feel they can flout their own International constitution and Federal law. Clearly, this is an example of what happens when an union implodes on itself. First there was the homecare rally at the capital that didn't happen because they didn't get a permit (the pictures from said rally are likely recycled from last year) but now the Zombies didn't bother to even

Monday, July 26, 2010

NUHW wins at Providence Tarzana 282 to 69

First, the vote count:

NUHW: 282 (72.5%)
SEIU: 69 (17.17%)
No union: 38 (9.8%)
Total valid votes (sum of the above the numbers): 389

After the last stalling tactic SEIU met its fate at Providence Tarzana Hospital. Months of bullying, delaying, lieing all amounted to just 69 votes out of 389 valid votes cast, that's just 17.7%. It's a shame what has happened to UHW since the trusteeship, but it's undeniably clear that given the choice between a member led union and one that's used every underhanded and evil tactic to further its own goals, the choice is clear: NUHW. Will the Zombies ever learn from their mistakes? Well first they'd have to admit they made a mistake, and that's a realization that will only occur when they are at their wits end and too many former UHW prisoners have jumped ship. I wonder how they will spin this first of many devastating losses coming this summer and fall.

Thanks to my mystery tipper for forwarding this good news.

Thursday, July 22, 2010

What ever happened to the Zombie UHW Report?

I take my Zombie UHW report here at the blog so I thought maybe they had deleted my email address. I guess they are so focused on fighting with and threatening members that the pure propaganda piece is no longer high on their list or priorities. Or maybe they finally realized no one cares what they have to say.

Tuesday, July 13, 2010

Homecare fraud by the numbers

So the numbers are in from the Great Homecare Scare of 2009/2010. As you may recall from last year's budget fight in Sacramento, the idea of screening homecare providers for criminal convictions was made into law. At first ANY felony conviction would bar a prospective or current provider from working in the program. After a lawsuit was filed, the barring convictions were reduced to just those that defrauded the government, as well as convictions of sexual abuse or child abuse.

Oddly enough convictions in rape, murder, robbery are still "acceptable" to the State. Just wait: next year these will be used to eliminate providers matching this criteria. (Eventually that parking ticket in Boston is going to catch up with, I just know it!) Hmmm, funny how for years the State wanted nothing to do with who did the work. Just do the work, be happy with minimum wage and don't ask for lofty rewards for your hard work like healthcare, sick pay or a pension. At least SEIU was able to bargain some contracts sporting better than minimum wage and worker only benefits. (We'll see how long that lasts!)

But now the legislature passed this law hoping to curb the Governator's 2007 estimate of 25% fraud in the program, only to find out in a study he commissioned that the waste was at best 1%. Now with the cut-off date of June 30, 2010 for current providers behind us we can see just how many of the State's 350,000+ providers are kicked out of the program.


So as of 6/29/2010, 446 out of 396,956 homecare workers are ineligible for employment. That's 0.11% (not a typo and not 11%), or just barely more than 1 in one thousand. Kind of makes all the bad press about homecare seem more like angry propaganda from conservative lawmakers who have no idea bout how the program works, the money it saves or the humanity inherent in living in and being cared for in the home instead of a nursing home. Keep in mind as "independent contractors" we had to pay for our own background checks and fingerprinting. Mine was among the cheapest in Sonoma county $52 for both. Multiply this by hundreds of thousands and you can see the great and bankrupt State of California made the vast majority of underpaid and desperately poor homecare workers pay for the cost of proving their innocence.

It gets worse: in Sonoma County, home of the Red Revolt, we see:

Do you see that? Out of 2719 providers, 1 lost his/her job. Put another way: $52 x 2719 = $141,388, minimum cost paid by the honest providers to disqualify one worker. Can I have my $52 back now? Can we all have our pay to prove we're innocent money back?

I can hardly wait until this year's budget is passed to see what money wasting, provider humiliating anti-fraud laws are forced on the poor and overwhelmingly innocent workers.

Tuesday, June 29, 2010

"WWIII" begins...

...with the first battle being fought in the Service and Technical group for Kaiser Permanente in Northern California, size unknown as of this writing, but I suspect this is the 48,000+ group we've all been waiting for.

More as it happens. Thanks to retired blogger Sierra Spartan for the tip off.

Thursday, June 24, 2010

UDW excels where the Zombies fail

UDW, (United Domestic Workers), the counterpart to SEIU with respect to homecare workers in California have yet again succeeded where the Zombies have failed. The latest example of UDW shining through the muck of state politics and Zombie propaganda is this email I received. The absence of an email from is all the proof I need that the Zombie have abandoned homecare workers in the counties which UHW has contracts. The Zombie aren't even trying to help their dues paying members anymore any more. See Stern Burger's write up on yesterday's failure de jour! I wonder if Erica Boddie still has such an lofty of post trusteeship UHW.

Sacramento rally canceled due to Zombie ultra-fail

I don't feel so bad for missing the rally for work yesterday. I knew attendance would be low but this is just ridiculous! Go check out the link, it's hilarious. You'd think the all powerful and well funded Zombie UHW would be able to handle the simple process of securing a permit before the rally at the state capital. Clearly they are so consumed with defeating NUHW, they can't even pull off a rally at the capital. They used to do several a summer, now, just one and they still messed it up. This is the new, democracy free UHW, home of the slacker. Thanks to Stern Burger for the reporting!

Sunday, June 20, 2010

"We just write the rules, we don't follow them"

This is essentially what Memorial management is saying to the workers and the community in which we all live.
They fought 2 different unions organization efforts and lost. The pushed a no union vote and lost. They filed objections about the election and either rescinded them or had them trounced by the NLRB. Yet they still fight the inevitable.

Shame on them! If you are as outraged as me we can all voice our opinion by contacting Sister Katherine Gray, CSJ (General Superior of the Sisters of St. Joseph of Orange), and writing a respectful but unambiguous email stating your concern for Memorial management's disregard for it's own rules, mission statements, and the decision made by voter in December election, we can hopefully and finally get the hospital to behave and move forward instead of backward.




Memorial saga continues...

Apparently it's not enough that the workers at Memorial have been organizing, waiting and fighting management for more than 6 years to join a union. Throw in 2 competing unions, a substantial "no union" effort backed by Memorial management vote, unending delays, appeals and psychological warfare from management, despite their own commitment to abide by the workers choice and you can see Memorial management is proving the unthinkable is possible by treating it's own employees worse than the Zombies treat it's own members.

First is Randy Shaw's article at BeyondChron.


As beautifully pointed out by Randy Shaw at BeyondChron, Memorial management has yet again taken the low road and further delayed the inevitable union-negotiated contract between the voters who won the election and the ever profitable Saint Joseph Health Systems. How profitable? On December 7, 2009, just 10 days before the election they bought a building they don't have immediate plans for. This recreational shopping at its finest folks!

However, the news isn't all bad NUHW is the official and exclusive bargaining agent for Santa Rosa Memorial workers, again.

* * *

Sorry about the delay in reporting this (and the other postings today): I just finished 8 days in a row at my new job. In an economy where unemployment is10% nationwide I feel fortunate to have 2 jobs; however working homecare and delivering pizza to western Santa Rosa is no road to riches. Also, today marks the first year of marriage so I'm catching up on my blogging and then spending time with my sweetie.

Tuesday, June 8, 2010

Blatantly leading journalism

The Press Democrat, the major local, leading paper, owned by the New York Times, prints what sells, not necessarily what is important or useful to its readers. An example would be the pseudo-random poll of select readers shown below. Is it just me or does this seem like a rigged vote trying to masquerade as poll of potential voters? At least they pointed out this was not a scientific survey, and it is on the opinion page. Perhaps this a last ditch effort to sway voters. Whatever, objective reporting is dead.

Monday, June 7, 2010

A KP "Takeway Committee" Really?!

I don't often quote or even refer to NUHW literature in my ongoing quest to make this blog my own but this caught my eye, because it is one of the few golden NUHW documents based on SEIU-related material. This time it's the benefits takeaway committee. I thought the bargaining committee assembled by SEIU for Sonoma County homecare workers (who were totally unaware of the wool being pulled over their eyes) was a dizzying achievement in presenting member manipulation as member involvement, but here the Zombies have cut members out of the process entirely. Clearly, they aren't even trying to trick their must gullible member supporters. As you will see at the bottom of the first page, the Zombies have agreed to some slippery language, similar to the "contingent upon available funding" found littered in the Sonoma County homecare contract.

Thursday, June 3, 2010

Email to save homecare...guess who DIDN'T send it?

Ah yet another chance for the Zombie to prove they have their members best interests at heart. Care to place a bet on when or if they will send their own version of the email below?

* * *

Last week, politicians in Washington passed a jobs bill WITHOUT critical fiscal relief for states and local governments. Without this money, states will slash hundreds of thousands of jobs and gut education, health care and public safety services even more. For example, without these funds,  state costs for IHSS will increase from $1.4 billion to $1.8 billion.  This will make it far more difficult for us to prevent cuts to IHSS in this year’s budget.However, there is still a chance to get this aid in the Senate version of the bill. Please call your senators right now. Tell them to include state aid in this jobs bill.

It will be nothing short of catastrophic for the already dire budget crisis in most states if this Medicaid funding does not get put back into this jobs bill. This funding (known as FMAP) would provide $26 billion in badly needed resources for state and local governments.

Please click here to call your senators right now.

Final 4 management objections for Memorial workers soundly rejected by NLRB

The story so far: an organizing effort for approximately 700 workers occurred over the last 6 years, under the direction of the old SEIU UHW. The trusteeship of the SEIU UHW happened and the organizing effort suddenly stopped. The 160+ employees of UHW who quit in disgust formed NUHW and after reconnecting with the workers at Memorial picked up where SEIU left off after abandoning them in August 2009. An election was scheduled, SEIU came late to the party and demanded to be allowed in. Despite dire warnings that if allowed onto the ballot, SEIU would lose by a landslide, SEIU insisted on forcing themselves onto the ballot.  The cool kids had to let them play, and so the election was scheduled. Officially, SEIU wanted felt they were the better union for many lame reasons no one remembers or cares about but unofficially they knew had no chance of winning the election so they pushed the no union vote, because you see, in their eyes, no union is better than a competing union especially one created from former employees that are winning the hearts, minds and votes of soon to be former members and prospective members. Suffice it to say when the votes were counted the underdog NUHW won by a landslide (283-13).

* * *

The final four objections to the election for Memorial workers were soundly defeated by the NLRB Wednesday. As you may recall Memorial management backed off of 6 of their 10 objections, and after the Administrative Law Judge reviewed Memorial managements case the remaining 4 were dismissed by the NLRB.

The ruling above is 32 pages long and quite detailed, but after an exhaustive description of each objection the Adminstrative Law Judge deftly dismisses the objection. My favorite: the "scientific experiment" that almost completely misses the point and proves to be a complete waste of expert witness testimony not to mention money!


NUHW won the election. Of the 10 objections filed by the employer they dropped 6 and the remaining 4 were dismissed by the NLRB. Clearly the workers have won so why the resistance? Memorial management has taken a position similar to a death penalty defense, by using every legal means to delay the inevitable and annoy the workers, but even they have to admit the writing is on the wall. An appeal is sure to come, unless every reader expresses their disgust with management's actions thus far. Call, write or possibly protest (no plans yet) to make sure they don't file an appeal.


Kevin Klockenga, CEO, 546-3210
Debra Miller's, Vice President of Human Resources, 525-5225

Or write to either of them at:

1165 Montgomery Drive
Santa Rosa, California 95405


Does anyone have the extension to the CEO's voicemail?

30 days of craziness

Today marks the first of 30 crazy days of Get Out of Zombie UHW Craziness. Before this blog existed, pro-NUHW Kaiser workers gathered enough signatures to decertify SEIU. Unfortunately, this didn't happen because the decert was filed outside of the allowed time for such a petition. This window represents the chance for soon-to-be-former-UHW-members to break free of their shackles. This should prove to be a very exciting 30 days. Expect massive media coverage (massive for labor anyway) and frequent blog entries by both Tasty Burger and myself.

Sunday, May 30, 2010

Homecare saves, money, lives, dignity, etc (part 1)

Yet another well written, well reasoned opinion piece about the value of homecare workers and the care they provide. It's far more than just an extremely cost effective program for our most vulnerable citizens. Read on to learn more of what I am speaking about.

Huerta/Medina split just as lame as NUHW/Zombie split

The battle for the hearts and minds of UHW members, the civil war between two very different ways of thinking about how a union ought to be run has sparked a similarly bitter stand off between former peers in UFW the United Farm Workers. Dolores Huerta a co-founder of UFW (along with César Chávez) and Medina used to fight side by side, but now Medina with the backing of the nation's most corrupt union local SEIU UHW is resorting to calling the police to have Huerta arrested for merely talking to pro-NUHW workers. Their efforts to suppress Huerta failed miserably. Read more about this at BeyondChron. My thanks to Mike Wilzoch for speaking out yet again. It's good to have some inside perspective on this unfolding side drama. For even more background on Mike's views on UHW read his letters to the editor here, here, here and here.

Saturday, May 29, 2010

Zombies push for "No Union" votes fails...again!

The Zombies have revealed their main approach to defeating NUHW: vote no union...or else, with "or else" meaning NUHW will win. As happened in the election for unorganized workers at Santa Rosa Memorial Hospital, last December the no union vote, an obvious favorite of management is now the favored vote of Zombie UHW when ever they suspect they will lose a vote between the 2 unions.

Read on to see how this strategy is backfiring. One would think the Zombies would change course after losing repeatedly with this lame-o topic, but these are Zombies: they "know how to do everything" and are "never wrong". Hah!

Wednesday, May 26, 2010

Zombies abandon election, soon-to-be-former members

It's a rare occurrence when the Zombie just give up and walk away. For all the mighty resources they claim to have (with money likely being the only credible one left), they retreated to the lamest excuse I've heard in a long time:
Management created an extremely hostile environment so that workers who supported unionization feared what was going to happen.
This jem was uttered by stator of the obvious Zombie spokeswoman Adriana Surfas. In my mind this raises 2 questions.
  1. How is this any different from any other organizing drive?
  2. Since when has SEIU ever backed down from a fight?

If one looks at recent elections the Zombie have stayed in the election until the bitter end, often with disastrous results. All links courtesy of Tasty over at Stern Burger with Fries.

Salinas Valley Workers Vote for NUHW!


SWU Can't Even Get One Friend!


I guess ONE vote is better than ZERO?

But hey, it's not all bad news. Since the Zombie withdrawal those who get to vote now have 2 choices: salvation (NUHW) or more of the same (no union). Also, the Zombies are burning through obscene amounts of cash in a very short amount of time (which can't be "replaced" with a dues increase until the next convention in 2012) and the credibility of their approach to unionism is taking severe and difficult to recover from hits. Thanks Zombies for making the choice even easier!

P.S. Isn't a definition of insanity doing something, usually the wrong thing, the same way every time and expecting different results?

Monday, May 24, 2010

Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase

Boldly lifted out of today's CD-CAN newsletter. Thanks Marty Omoto for keeping up up to date with the budget crisis. The Zombies clearly can't be bothered with keeping homecare members abreast of what is going on at the state capital.


California Budget Crisis:
Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase
Full Senate Budget Panel Will Meet Instead of Subcommittees on May 25th on Human Services, Mental Health and Child Care; May 26th  on Health Including Developmental Services and May 27 on Education

SACRAMENTO, CALIF (CDCAN) [Updated 05/24/2010  01:10 PM  (Pacific Time)] -  Both houses of the Legislature will hold their final budget subcommittee hearings Tuesday and Wednesday (and if needed, Thursday) this week, taking final action on several of the Governor’s major proposals impacting people with disabilities, mental health needs, the blind, seniors and their families, before the budget process heads to the next phase of “budget conference committee” hearings in early June.   

The full Senate Budget and Fiscal Review Committee will be meeting this week instead of its budget subcommittees, to take final action – though in the Assembly, their budget subcommittees will take final action this week. 

State Senate Full Budget Panel Will Meet Instead of Subcommittees
·         May 25th - In the State Senate, the full Senate Budget and Fiscal Review Committee will meet tomorrow at 09:30 AM at the State Capitol in Room 4203 focusing on human service including mental health and childcare budget issues.
·         May 26th - On Wednesday the full Senate budget panel will meet to hear health related budget issues including developmental services and take final action, instead of its five budget subcommittees (Disability Capitol Action Day)
·         May 27th - It will hold what will likely be its final hearing to close out the Senate budget subcommittee phase of the budget process on Thursday (May 27) focusing on education issues.

Assembly Budget Subcommittees Will Meet This Week To Take Final Action
In the Assembly, its five budget subcommittees held hearings last week and took several final actions and will be  holding their final hearings on Wednesday (May 26th)  and possibly Thursday to take any remaining final actions.  A copy of the Senate Budget and Fiscal Review Committee Agenda (24 pages) pdf file is attached to this CDCAN Report and can also be viewed and downloaded from the CDCAN website at www.cdcan.us

Action on Proposed Closure of Lanterman Developmental Center Likely This Week
Action on the proposed closure of Lanterman Developmental Center – which was previously heard by both houses in late April and early May, will likely be taken at this hearing on May 26th by the full Senate Budget and Fiscal Review Committee and also by the Assembly Budget Subcommittee #1 on Health and Human Services also on May 26th.

Actions by Both Houses Not Final
Actions by both the Senate and Assembly budget subcommittees – or full budget committees are not final however.  Actions by both subcommittees or budget committees at this stage – especially if both agree, however does send a strong signal about the position of the Legislature on a particular proposal by the Governor. 

The process heads to the next phase – the budget conference committee (a joint committee of 6 members, 3 from each house) to work out any different actions that either house took.  That phase lasts through most of June – and then the budget process goes to the Assembly and Senate floor, where it will likely remain until a budget agreement is reached with the Governor and the legislative leaders.  A long budget stand-off, given the enormity of the budget deficit, is seen as certain, to probably last through the summer. 

MAY 25TH  SUMMARY OF SENATE BUDGET & FISCAL REVIEW COMMITTEE AGENDA
Copy of this 24 page agenda is attached to this CDCAN Report and can be downloaded also from the CDCAN website at www.cdcan.us

HUMAN SERVICES AND CHILDCARE
1. Department of Alcohol and Drug Programs (Budget Item 4200)
* Elimination of Drug Medi-Cal Services, with the Exceptions of Perinatal and Minor Consent Programs
* Elimination of Funding for Offender Treatment Program
2. Department of Social Services (Budget Item 5180)
* Elimination of CalWORKs
* CalWORKs Grant Reduction
* Elimination of CalWORKs Recent Noncitizen Entrants Program (RNE)
3. Department of Social Services (Budget Item 5180) and California Department of Education (Budget item 6110) – Child Care Issues only
* Eliminate General Fund for Child Care Programs and Shift CalWORKs Child Care to the Alternative Payment Program (Issue 326)
* Regional Market Rate (RMR) Reduction
* Reduce Income Eligibility (Issue 323)
* CalWORKs Stage 3 Reduction (Issue 323)
* Adjust CalWORKs Child Care Caseload Funding (Issue 325)
* Negative COLA [“cost of living adjustment”]
* Proposed Plan to Recover Improper Payments from Child Care Programs (Issue 329)
4. Department of Social Services – continued (Budget Item 5180)
* In-Home Supportive Services “Cost Containment”
* SSI/SSP Grant Reduction
* Elimination of CA Food Assistance Program and Cash Assistance Program for Immigrants
* Redirection of County Savings
* Shift of County Mental Health Realignment Funds to Child Welfare Services and to Food Stamp Admin
5. Department of Mental Health (Budget Item 4440)
* Special Education Mental Health Services (AB 3632)
RESOURCES AND TRANSPORTATION BUDGET ISSUES
1. Department of Parks and Recreation (Budget Item 3790)
* Funding State Parks
2. Department of Transportation (Budget Item 2660)
* Defer Transportation Loan Repayment
* New Transportation Loan from net new “Fuel Swap” revenue
2740 Department of Motor Vehicles (Budget Item 2740)
* Motor Vehicle Account Loan to General Fund

FINAL SUBCOMMITTEE AND FULL COMMITTEE HEARINGS THIS WEEK
Please note: hearing dates and times are always subject to change.  For persons unable to attend the hearing today, phone numbers and addresses of both Senate and Assembly subcommittee health and human services members are listed below in this report for persons to send or call in their comments.  Given the volume of emails, comments or inquiries by email generally are not useful unless a person knows the staff person or the legislator. 

TODAY - MAY 24, 2010 – MONDAY
ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES
***Hearing cancelled***

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES
TIME: 01:30 PM or immediately after Senate Appropriations Committee hearing ends [that committee is scheduled to meet at 11:00 AM]
WHERE:  State Capitol – Room 4203
WHAT WILL BE HEARD
Governor’s May Revised Budget proposals and “open” issues:
* Secretary for California Health and Human Services Agency (Budget Item 0530)
* Office of Statewide Health Planning and Development (Budget item 4140)
* Department of Aging (Budget Item 4170)
* Department of Alcohol and Drug Programs (Budget Item 4200)
* Department of Child Support Services (Budget Item 5175)
* Department of Social Services (Budget Item 5180)
* Other departments as necessary
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard
PRIORITY:  HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if you are able to
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This will be the last hearing for the year for this budget subcommittee. – the full Senate Budget and Fiscal Review Committee will meet May 25th and May 26th to take final action on any remaining “open” issues that the Senate budget subcommittees did not yet take. 

MAY 25, 2010 – TUESDAY
ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES
***Hearing cancelled***

SENATE BUDGET & FISCAL REVIEW COMMITTEE
TIME: 09:30 AM
WHERE:  State Capitol – Room 4203
WHAT WILL BE HEARD
Governor’s May Revised Budget proposals and “open” issues:
Human Services (including Mental Health)  and Child Care Budget Items:
* Alcohol and Drug Programs (Budget Item 4200)
* Department of Social Services  (Budget Item 5180)
* Department of Education – Child Care Issues only  (Budget Item 6110)
* Other Department of Social Services Issues including SSI/SSP, IHSS (Budget Item 5180)
* Department of Mental Health (Budget Item 4440)
Resources Budget Items
* Department of Parks and Recreation (Budget Item 3790)
Transportation Budget Items
* Department of Transportation (Budget Item 2660)\
* Department of Motor Vehicles  (Budget Item 2740)
General Government Budget Items and Other Departments As Necesssary
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard (it is always up to the committee chair)
AGENDA AVAILABLE; Yes – attached to this report and also on the CDCAN website at www.cdcan.us
PRIORITY:  VERY HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. All the Senate Budget subcommittee hearing dates scheduled on this date and Wednesday have been cancelled with the full Senate Budget and Fiscal Review Committee meeting and taking action instead. 

MAY 26, 2010 – WEDNESDAY
ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES
TIME: 09:00 AM
WHERE: State Capitol – Room 4202
WHAT WILL BE HEARD:
Governor’s May Revised Budget Proposals and “Open” Issues
·         Human services budget items
·         Health budget items including developmental services budget items
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard
PRIORITY:  HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  Full Senate budget committee is scheduled to hold its final hearing during this phase of the budget process on this same day and beginning just 30 minutes later.

SENATE BUDGET & FISCAL REVIEW COMMITTEE
TIME: 09:30 AM
WHERE:  State Capitol – Room 4203
WHAT WILL BE HEARD
Governor’s May Revised Budget proposals and “open” issues:
Health Budget Items
* Department of Health Care Services - Medi–Cal (Budget Item 4260)
* Department of Public Health (Budget Item 4265)
* Managed Risk Medical Insurance Board (Budget Item 4280)
* Department of Mental Health (Budget Item 4440)
Judicial, Corrections and Public Safety Budget Items
* Judicial Branch (Budget Item 0250)
* California Emergency Management Agency (Budget Item 0690)
* Department of Justice  (Budget Item 0820)
* Dept of Alcoholic Beverage Control  (Budget Item 2100)
* Dept of Corrections and Rehabilitation  (Budget Item 5225)
Other Departments As Necessary
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair
AGENDA AVAILABLE: Not yet
PRIORITY:  VERY HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. 

MAY 27, 2010 – THURSDAY
ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES
TIME: 09:00 AM
WHERE: State Capitol – Room 4202
WHAT WILL BE HEARD: Any remaining“OpenIssues
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard
PRIORITY:  HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This Assembly budget subcommittee hearing is scheduled but may not be held if all “open” issues were taken up and acted on the previous day. 

SENATE BUDGET & FISCAL REVIEW COMMITTEE
TIME: 09:30 AM or upon adjournment of the State Senate floor session
WHERE:  State Capitol – Room 4203
WHAT WILL BE HEARD:
K–12 EDUCATION
* California Department of Education (Budget item 6110)
HIGHER EDUCATION
* University of California (Budget Item 6440)
* California State University (Budget Item 6610)
* California Community Colleges (Budget Item 6870)
* Student Aid Commission (Budget Item 7980)
REVENUES
EMPLOYEE COMPENSATION
OTHER DEPARTMENTS AS NECESSARY
PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair
AGENDA AVAILABLE: Not yet
PRIORITY:  VERY HIGH
SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 
CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This is likely the final hearing of the Senate Budget and Fiscal Review Committee to close out the Senate budget subcommittee phase of the budget process.