2022 Decertification & Other Questions and Answers
BCMEA Decertification Questions & Answers
Teamster's Decertification Questions & Answers
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BCMEA Decertification Questions & Answers
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Question: What is a "Decertification"?
Answer: A decertification petition is the vehicle whereby a group of employees in an established bargaining unit or an employee organization may bring about an election which allows employees to vote to either remove or replace their incumbent “exclusive representative.”
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Question: How does a Decertification begin?
Answer: A petition may be filed by a group of employees seeking to remove the incumbent exclusive representative. This type of petition must be accompanied by signatures (called “proof of support”) of at least 30 percent of the employees in the unit.
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Question: How is the Decertification determined?
Answer: If the petition qualifies for an election, the ballot choices would be the BCMEA or Teamsters (or any other unit that gathers at least 30% of the units signatures) as your exclusive representative, or you could chose “no representation.” The ballot entry which receives a simple majority of the valid votes cast is declared the winner.
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Question: Who gets to vote in the Decertification Election?
Answer: The entire BCMEA unit can vote in the Decertification Election regardless of member status.
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Question: What is the Decertification Timeline?
7/8: Teamster's filed the Decertification Petition,
7/15: Human Resources Certified the Decertification Petition (30 Day Freeze Period Begins),
8/14: 30 Day Freeze Period ends,
8/15: Earliest possible day that voting can begin.
8/23: Earliest possible day the Board of Supervisors (BOS) can officially recognize a unit’s change in exclusive representation
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Health Insurance Questions
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Question: If we leave CalPERS do we lose our PERS retirement?
Answer: No. CalPERS is our current insurance carrier, PERS is our retirement carrier. If we opt to move from CalPERS insurance it does not affect our retirement.
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Question: What is the exit from CalPERS Health Insurance Timeline?
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7/12: CalPERS rates released (60 day exit period begins)
8/23: Last BOS meeting where notice can be given to CalPERS of a bargaining unit’s intent to leave CalPERS insurance (unless a special BOS meeting is called)
9/12: 60 day CalPERS exit period ends.
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Question: Is there a 'lock out period' where we cannot return to CalPERS Health Insurance?
Answer: Yes, once an exit is made, we would be locked of CalPERS out for 5 years.
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Question: Is it true that there is no opener in our MOU and we are locked into PERS healthcare through 2025?
Answer: There is no written opener in our MOU that allows us to specifically move from CalPERS health insurance. However, the County has historically allowed bargaining units the option of going out to bid and leaving CalPERS once the rates are released, it has never been tied to when the MOU expires.
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MOU/Contract Questions
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Question: When does the new MOU/Contract take affect?
Answer: The new MOU was ratified by the BOS on July 26, 2022. The equity adjustments take effect on August 6th, 2022. The increases and benefits should be reflected on the pay check dated August 20th.
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Question: What are BCMEA dues?
Answer: BCMEA dues are $24 per month.
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Question: If Teamster's is successful in their decertification, is our MOU cancelled?
Answer: NO. The current MOU/Contract may remain in place. The decertification triggers an automatic re-opener to allow the successor unit the ability to modify portions or replace the MOU. However, any changes to the MOU must be reviewed and approved by a majority of the voting dues paying union/association members.
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Question: What about sick time conversion, administrative leave and other protected MOU benefits?
Answer: Same as above, any changes to the MOU must still be reviewed and approved by a majority of the voting dues paying union/association members.
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