GOOD NEWS!
AFSCME 512 previously filed a grievance with the County regarding the County’s non-compliance with the Blue Ribbon Agreement.* County HR’s decision after the Step 3 hearing was that the County was in “substantial compliance” with the Agreement. The grievance was advanced to Step 4.
On May 24, 512 and 3 other Coalition Unions (AFSCME 2700, Local One and SEIU) met with Stephen Pearl, a State Mediator, to discuss the grievance. Mr. Pearl’s determination was that the County was “clearly in violation of the sideletter Agreement.”
Since Mr. Pearl is a mediator, not an arbitrator, he can only express opinions and make recommendations. However, Pearl’s determination made quite an impact on Ted Cwiek, County HR Director, who subsequently seemed amenable to Pearl’s recommendation to bring in an arbitrator. (An arbitrator’s decisions are binding on all parties.)
Please note that 512 pursues this grievance for a number of reasons, including the following
· Approximately 38% of EHSD’s staff is temporary.
· Having more and more of the work done by temp employees amounts to a slow creep toward privatization.
· The temps, predominantly women, earn no credit toward retirement, do not accrue sick leave, and do not get paid for holidays, when the offices are closed.
· Long-term use of retirees results in members being precluded from advancing into higher positions, and the retiree’s former peers must shoulder the additional workload when the retirees reach the 960 hour limitation on their exempt earnings.
· Government Code 31000.4 puts a 90-day limit on the use of agency temps. The County should comply with the law.
The next step in the grievance process is to bring in an arbitrator. He or she will make rulings that the County must abide by. Hopefully, the arbitrator will rule that the County must adhere to the negotiated agreement, stop hiring temps instead of permanent employees and stop allowing employees to retire and return to their very same job the ext day.
You will be notified of future developments as they occur.
