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Beginning in March 2013, the Governor’s Coordinated Care Initiative (CCI) will be implemented in eight counties, including San Diego, Orange, and Riverside.  After all IHSS recipients in those counties are enrolled in the CCI, IHSS collective bargaining will become the responsibility of a new state agency — the California In-Home Supportive Services Authority (otherwise known as the Statewide Authority). All current contracts will remain in place until the Statewide Authority takes over in a county and we negotiate a new contract. In these counties, the Statewide Authority is expected to assume full employer of record responsibilities sometime between March 2014 and June 2014, depending on the county.

Further expansion into additional counties and ultimately statewide is expected to happen in 2015. However, this will be based on approval from the Legislature.

With statewide collective bargaining, we believe we will have greater power to negotiate better wages and benefits because we will be negotiating one master contract with one employer versus bargaining separate contracts with each county.

UDW has created a Fact Sheet to help you understand what statewide collective bargaining will mean to you

Statewide IHSS Collective Bargaining Fact Sheet
Updated August 10, 2012

Download this Fact Sheet  (pdf)

What is happening?

Statewide collective bargaining for IHSS providers was passed into law as part of the FY 12-13 budget. It is contained in Senate Bill 1036, and was included as part of the Governor’s Coordinated Care Initiative (CCI). SB 1036 was signed into law by the Governor in June 27, 2012.

What is the new Statewide Authority?

SB 1036 sets up the new California In-Home Supportive Services Authority (otherwise known as the “Statewide Authority”), which will become the new “employer of record” for IHSS providers. As the employer of record, the Statewide Authority will become responsible for collective bargaining with the unions who represent IHSS providers. The Statewide Authority will have five board members appointed by the Governor.

When will this happen?

The timeline to implement statewide collective bargaining will follow the same schedule as the Governor’s CCI. It will begin no sooner than March 2013 and upon completion of enrollment into the Coordinated Care Initiative in eight selected counties: Alameda, Contra Costa, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and San Mateo. In these counties, the Statewide Authority is expected to assume full employer of record responsibilities sometime between March 2014 and June 2014, depending on the county.

Further expansion into additional counties and ultimately statewide is expected to
happen in 2015; however this will be based on approval from the Legislature.

How will this happen?

As counties become fully enrolled in the CCI, the Statewide Authority will become the employer of record and take over the role of collective bargaining. The CCI is scheduled to begin with 8 counties in the first year and then expand statewide within 3 years.

What is “coalition bargaining”?

SB 1036 establishes “coalition bargaining”. This means that in the selected counties, local union affiliates representing different bargaining units will bargain “in coalition” with their national parent union. Therefore, UDW/AFSCME will bargain one master contract for all UDW counties/bargaining units. The other unions that represent IHSS providers – SEIU and CUHW – will also each bargain one contract on behalf of their counties/bargaining units.

What happens to my existing MOU/contract?

The Statewide Authority must honor all the terms and conditions of existing collective bargaining agreements (MOUs) between unions and local Public Authorities. In other words, when the Statewide Authority takes over in a specific county, the Statewide Authority must maintain the wages and benefits as previously negotiated under existing county contracts.  When the contract expires, the Statewide Authority will meet with the union to bargain over a new contract.

What about contracts the union negotiates between now and the time the
Statewide Authority takes over?

Beginning July 1, 2012, any new contracts between the unions and the local Public Authorities in any county will require review and approval by the State Department of Social Services. The state will review the newly negotiated terms of the contract (e.g. wages, benefits, etc.) and either approve or disapprove these terms based on a predefined criteria. This review process was created because the state will eventually be responsible to pay for these contracts.

If the state does not approve the newly negotiated terms of the contract, the county will be responsible for paying the state’s share of the cost increase of the new contract, in addition to its own share.

What is the new MOE?

Starting July 1, 2012, all counties will have a new share of cost for the IHSS program. This will be known as the IHSS Maintenance of Effort (MOE). This new MOE will replace the current 17.5% flat share that counties currently pay for IHSS. Under this formula, county funding will be based on the county’s total expenditures for IHSS in the 2011-12 fiscal year. This base year amount will be increased by 3.5% annually beginning July 1, 2014. It will also increase to account for any new wages or benefits locally bargained during that time period.

What will happen to my local Public Authority?

When the Statewide Authority becomes the new employer of record in a county, the local Public Authority will no longer bargain with IHSS providers. The county will continue to be responsible to administer all other aspects of the IHSS program. At that time, the county will have three choices: they can continue to administer IHSS through their current Public Authority, they can assume these duties in-house, or they can contract out IHSS administration with another public or private agency.

What role will my county have in bargaining once the Statewide Authority takes
over?

When the Statewide Authority takes over in a county, the county or local Public Authority will no longer have a role in collective bargaining. They will continue, however, to pay a share of funding for the program, as previously discussed.

Will I automatically lose wages or benefits with these new changes?

No. Current contracts will remain in place even when the Statewide Authority assumes control over bargaining in a selected county. When this happens, the Statewide Authority must honor the terms of the existing contract. Any changes to wages or benefits can only happen as future contracts are bargained between the union and the Statewide Authority.

Will I automatically gain new wages or benefits?

No. UDW’s goal is always to gain better wages and benefits for our members, but that is not going to happen immediately. All current contracts will remain in place until the Statewide Authority takes over in a county and we negotiate a new contract. With statewide collective bargaining, we believe we will have greater power to negotiate better wages and benefits because we will be negotiating one contract with one employer versus bargaining separate contracts with each county.

What is the Statewide Advisory Committee?

SB 1036 also creates a Statewide Authority Advisory Committee, which will provide ongoing advice and recommendations to the Statewide Authority. The Statewide Authority will appoint 13 members of this advisory committee. At least 50% of this committee will be current or former homecare recipients, and at least 2 seats will be reserved for IHSS providers. Additionally, seats will be reserved for representatives from the IHSS provider unions.

What if I work for Addus?

Statewide collective bargaining will not impact Addus bargaining units. SB 1036 does make changes to IHSS contract mode, but what is most important to know is that existing contracts between private agencies and counties to provide IHSS services will be honored under the Governor’s CCI. As a result, there will be no change to our existing collective bargaining agreements

Will I get training as a result of statewide collective bargaining?

SB 1036 directs the State Department of Social Services, in collaboration with IHSS provider representatives and other stakeholders, to develop a training curriculum for IHSS providers throughout the state. It will be voluntary for any IHSS provider to participate in this training curriculum. Information regarding future training opportunities will be sent to UDW members as it is made available.

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