DVI Closure Process Information Update
Update as of October 29, 2020
We are very appreciative to those of you who made time to attend one of our virtual informational meetings regarding the DVI closure process, as well as to all of you who reached out via email for information. Others share many of the questions we received, so we put together answers from the department to some of the most commonly asked questions regarding the closure.
As we move through this closure process with the department and are able to gather additional information, we will continue to update this landing page. Please check back regularly for updates. Questions can always be directed to dviclosure@seiu1000.org
Q1: What process does the department plan to go through during the pre-mitigation phase and Voluntary Transfer Protocol?
A: The pre-mitigation phase, which is what the department is currently participating in, is where the department identifies vacancies within CDCR and the determined vacancy radius (more information on that below) for each impacted classification. The goal is to find an impacted classification with enough vacancies to place all impacted members of that classification. This allows the department to remove that entire classification from the State Restrictions of Appointments (SROA) when the process begins.
The specific details of the Voluntary Transfer Protocol (VTP or mitigation) process will be negotiated by our Union and CDCR. The process for this closure has not been negotiated yet. However, here is a view of how the process has worked in the past. VTP is a classification- specific process for employees impacted within the area of layoff to be able to transfer to another CDCR worksite. In this process, the department identifies vacancies statewide. The statewide vacancies are provided to impacted employees who are then able to request to transfer into their chosen position. Impacted employees would get a statewide list of available vacancies within CDCR for their classification. The award of these transfers will be based on seniority (more information on how seniority is calculated is below). Available transfers through the VTP process do not include vacancies within the area of layoff. The choice to request to transfer through this process is completely voluntary by the impacted employees, and therefore, transfers through this process are not governed by a specific distance from the current facility. As with the pre-mitigation process, if all employees in an impacted classification transfer to a new position, then that classification can be removed from the SROA process.
Q2: Has the department identified the “vacancy radius” they will be targeting when looking at vacancies for the purposes of pre-mitigation and transfer?
A: The department considers a “triangle” as they identify vacant positions in a 50 mile radius for transfers. Then they consider three different distances: the distance from the impacted employee’s home address to the institution with vacancies, the distance between the current institution and the institution with the vacancies, and the distance between the employee’s home address and the current institution. The department then examines this “triangle” formula to make sure that all of the points of those triangles are less than 50 miles. The goal is to find positions for employees that get them closer to home.
Q3: How will seniority be considered during the mitigation phase and transfer protocol? Will employees have a chance to appeal that seniority score by applying military service, etc.?
A: The department will use an employee’s initial seniority score, and the employee will have a 30-day challenge period to submit information for an updated seniority score via a State Service Discrepancy Form. These are the same scores and the same challenge process that will be used in the SROA process.
Q4: During the VTP process, will employees who are in general classifications that have specialized assignments have to stay in the specialized assignments? For example, if someone is an Office Technician assigned to custody, will they qualify to transfer into any Office Technician position or just those assigned to custody?
A: As mentioned above, the VTP process has not yet been agreed upon between CDCR and our Union, but we can give some insight into how this process has been carried out in the past to get a clear answer to the question raised. The VTP process historically is carried out jointly between CDCR and CCHCS, with the vacancies pooled together and presented based on the general classification as opposed to the specific assignment within CDCR. Employees who wish to participate in the VTP will have the chance to choose specifically which positions they want to transfer to and employees interested in transferring into a position can request any position they are qualified for. There is no requirement that an employee must transfer to the specific type of assignment they previously were in.
Q5: Does the department plan to utilize only the State Restriction of Appointments (SROA) process or will there be any use of the Department Restriction of Appointments (DROA) process?
A: Historically CDCR does not use the DROA process, and CDCR does not anticipate changing that practice.
Q6: Has the department determined what they will consider the area of layoff for the SROA process?
A: The area of layoff for the SROA process will be San Joaquin County.
Q7: Why were there Correctional Officers from Unit 6 that have already been able to transfer when our classifications don’t have that chance yet?
A: The Correctional Officers who transferred from DVI to other locations were transferred not as a result of DVI closing, but instead to fill positions needed to implement the department’s Psychiatric Inpatient Program (PIP) at the California Healthcare Facility (CHCF) in Stockton. DVI had an overage of Correctional Officers for the positions available and, as a result, Officers were transferred to fill vacancies related to the PIP at CHCF and in accordance with section 12.4 of the Bargaining Unit 6 MOU. These positions are still in San Joaquin County and the transfer does not remove the possibility of these employees being impacted by the closure.