PERB finds CAPS violated Rachlis’ membership rights…again

Note to Rank and File Unit 10 members and State Workers

On February 27th 2014, in Case No. SA-CO-464-S the Public Employment Relations Board (PERB) has found that Rachlis’ rights under the Dills Act had been violated by the California Association of Professional Scientists (CAPS). In turn, for the second time in two years, PERB has proposed a resolution in which CAPS, unless it appeals, will rescind the termination of Rachlis’ membership within ten days of the issuance of the order.

The CAPS leadership and the agents at Blanning and Baker can once again be accurately described as a serial scofflaws.

Three times the Blanning and Baker team of profit-takers gave bad advice to the CAPS leadership as regards denying Rachlis his membership rights, once in superior court and twice before PERB, Rachlis was vindicated and the CAPS leadership has been exposed for their undemocratic and apparently unlawful maneuvers.

Members must ask how is it possible that the full time labor consultants and their bevy of lawyers can be beaten time after time by a rank and file BU 10 member with absolutely no legal training? Obviously the Blanning and Baker team are not that stupid! They fail be design! Their main intention is to keep the opposition from coalescing around a class struggle militant who regularly challenges the cozy self serving relationship that CAPS leadership has with members of management and the Democratic Party through the agency of Blanning and Baker LLC., which besides representing CAPS also represents the Association of California State Supervisors (the very supervisors that manage rank and file State workers) and the Young Democrats of California (an organization for the up and coming politicos between ages of 18-35).

It has been our contention that CAPS, despite the rights bestowed upon it by PERB to represent BU 10, is not a workers’ organization. A workers’ organization must do more than just regularly fail to bring home the bacon or regularly side with management or appear weak kneed and compliant before management and the politicians, any of the thousands of petty bureaucrats in the labor movement can accomplish that and maintain the qualitative aspect of a workers organization-its social character which derives its rule, ostensibly, from the membership assembled! What is the special quality that proves CAPS is not a workers organization? It is not merely that the social quality of the organization has been denied by the violation of the memberships’ right to hold regular membership meetings, and it is not merely that laws are broken, or that membership rights are denied and that privilege is bestowed upon the in-crowd.

CAPS class character is determined by how and who founded it and for what purpose. We learned it under testimony supplied by B&B partner Matt Austin in Superior Court that he collected the signature cards that originated CAPS. Thus CAPS was brought into existence by the members farming out all self-organizational responsibility to a corporation. What is special is that despite the fact most of the original members are retired and gone today CAPS is run as a profit center for the profit takers at Blanning and Baker who control the membership and and have subordinated CAPS members interests to those of their other clients (some of whom are named above) for decades. In short CAPS is a captive organization, which under the guise of a state workers union is actually a construct of Blanning and Baker formed up (by one time office boy and now corporate partner Matt Austin) for its own ends.


Charles Rachlis

P.S. Now that it is established that the leaders of CAPS and their agents at B&B are scofflaws working to put the interests of supervisors and Young Democrats before the interests of the BU 10 it is time for the membership to dislodge the leadership and form up a rank and file negotiating team that will mobilize the membership and win our demands.

This can only be done by immediately launching a petition for a special meeting of the membership with a one point agenda to remove and replace the leadership and Blanning and Baker. In the build up to such a meeting local job site committees are required to prepare the membership for job actions to assert our strength, recruit the new leadership and establish principles of agreement and a fighting program of political independence and labor solidarity. The most appropriate job action at this moment is the lunch time speak out rally in-conjunction with workers in other unions still out of contract and those disillusioned with SEIU an other failed union leaderships. This type of rally at every job site on the days of negotiations will send signals that we are serious, we are organizing and we will not back down. Such rallies will also serve as organizing tools to prepare the rank and file for the tasks of self-organization, democracy and the actions which will be required to win.

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About Mad Scientist

Member of California Association of Professional Scientists
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