Some CA state workers got a telework reprieve. Will others secure similar wins?

In a last-minute turn of events, Gov. Gavin Newsom agreed to let state workers in a single bargaining unit continue working primarily from home just a week before his return-to-office order goes into effect.

The Professional Engineers in California Government secured a one-year delay to the switch to four days in office after filing a series of challenges to the telework policy change — one of which resulted in the state employment board issuing a complaint against the administration over its failure to meet with unions.

Other unions, which have also challenged the governor’s directive in court and through the state employment board, might be hoping for a similar outcome.

The lawsuit and unfair labor practice filed by the engineers had a “big impact” on the return-to-office delay, PECG’s executive director, Ted Toppin, said in an interview. Those challenges were based on the state’s legal requirement to negotiate over the impact of policy changes like changes to hybrid working conditions, Toppin said.

“Those challenges were premised on a need to collectively bargain telework and return-to-office orders,” Toppin said. “We need to give collective bargaining a chance.”

He said this agreement reflects that.

The union representing state scientists have maintained a similar trajectory as the engineers.

State scientists met with CalHR at an informal settlement conference last week after the Public Employment Relations Board issued a complaint — similar to one on behalf of the engineers union — against the administration.

Jacqueline Tkac, president of the state scientist union, said the union’s bargaining team proposed rescinding the four-day, in-office policy, among other items.

“We would welcome an agreement that reflects those priorities,” Tkac said. “At the same time, while we are open to resolution, we don’t intend to drop our (unfair practice charge) unless the issues we raised are addressed.”

But, at this time, the state hasn’t offered the scientist union a similar deal to what the engineers received.

A spokesperson for CalHR declined to comment on pending negotiations, but said that each bargaining unit negotiation is separate.

Last month, the governor invited all 21 bargaining units to the table to discuss potential salary freezes as a way to reduce the state’s compensation costs and chip away at California’s $12 billion deficit.

PECG was in a favorable position when negotiating the telework extension because it, and six other bargaining units, were already in conversation with the state to draft new multiyear contracts for their employees before the governor publicly proposed salary freezes.

The engineers’ union announced the return-to-office delay the same day that it unveiled a tentative agreement that included a 3% raise this year, which would be effectively offset by a two-year furlough program that requires them to take unpaid leave throughout the year.

Meanwhile, other units are still grappling with the dueling threats of reductions to employee compensation and the impending return-to-office deadline.

SEIU Local 1000, the state’s largest representative of public employees — which has taken up similar challenges to the governor’s telework policy, including a lawsuit against Newsom that was filed in Alameda Superior Court last week — declined to comment.

While many state employees hope to continue working remotely more than half the week indefinitely, Toppin said the administration would not budge on extending the four-day policy past 2026. The resolution to the negotiations was “not ideal,” he said, but it provides relief for a year.

Toppin emphasized the fight over telework isn’t over.

“This just gives us both ... a chance to again see that (telework) works and talk about continuing it in the future,” Toppin said.