Published Date: 2020-12-29

Mandated in Excess of Contract Limits? 

Here’s what to do

The working conditions at our CDCR facilities concerning excessive mandates are at an all-time low, compromising our ability to execute our duties safely. Unfortunately, during a declared state of emergency, operational needs can override our contractual mandate limits, which means we must be proactive by documenting and notifying management whenever a non-contractual mandate compromises our professional and physical ability to be alert while performing critical duties.

CAPT has prepared a list of cautionary statements tailored to each type of mandate that exceeds a contract limit. Use these statements via email to document and put management on notice that you are being mandated beyond your physical capacity to perform your duties safely. Do not rely on verbal warnings. Be sure to provide these statements in writing via email for documentation purposes and copy your local CAPT representative.

• Member is mandated to work in excess of 16 hours

“I am informing you that I am being mandated to work in excess of 16 hours in violation of my union’s contract limits. I am hereby informing you that I am tired and cannot guarantee that I will be able to remain alert for the duration of the mandated shift.”

• Member is mandated two days consecutively

“I am informing you that I am being mandated on two consecutive days in violation of my union’s contract. I am hereby informing you that I am tired and cannot guarantee that I will be able to remain alert for the duration of the mandated shift.”

• Member is mandated more than twice in a workweek

“I am informing you that I am being mandated to work more than twice in my work week in violation of my union’s contract limits. I am hereby informing you that I am tired and cannot guarantee that I will be able to remain alert for the duration of the mandated shift.”

• Please Note:

While written documentation may not prevent a disciplinary action in the event that you are unable to remain alert while on duty, this documentation can assist CAPT in representing you in the appeal of any potential adverse action.

CAPT asks that we all be vigilant and take special care, especially shift leads, to be on the lookout and intervene if necessary when signs of fatigue overwhelm our brothers and sisters who are working beyond contractual limits. 

If you have any questions or would like assistance, please contact your local chapter president.

December 29, 2020 | Download Flier