President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco

April 2010

CHIEF OF LABOR RELATIONS CORNER

SEBA Prevails in West Valley Grievance

           On March 22nd, SEBA received the Arbitrator's award regarding the grievance filed dealing with the implementation of a reduction of staffing levels at West Valley Detention Center. The facts of the case are as follows. In the Fall of 2007 SEBA discovered that the Sheriff's Department implemented a reduction in the staffing levels of Deputy Sheriffs in Units 7,8,13, and 14 at West Valley Detention Center. SEBA believed that the reduction in staffing created an officer safety issue. These units house approximately 300 inmates each. Inmates housed in these units include individuals charged or convicted of violent crimes, as well as inmates with gang affiliations. In the Fall of 2007 the staffing level was unilaterally reduced to one deputy for each unit with a rover deputy split among the two units. It was undisputed that prior to the Fall of 2007, it was a long standing practice for at least five (5) years, that two deputies would be assigned to each unit.

           Once SEBA became aware of the reduction in staffing, a grievance was filed requesting to have the Department cease and desist the practice and bring the staffing levels back to the level of two deputies per unit.

           Initially this case went to arbitration on June 2, 2008 conducted by arbitrator Howard Black. At this arbitration a settlement was reached between SEBA and the County wherein the County agreed to restore the staffing levels until such time the parties met and conferred over impact of the matter.

           SEBA met and conferred as well as mediated the matter with the County in July of 2008, however were unable to reach an agreement. Therefore in accordance with the Employee Relations Ordinance, SEBA requested to have the matter go to arbitration. The hearing was held on October 8, 2009 before arbitrator Mark Burstein. In his award, Mr. Burstein recommended the Department not move forward with the proposed changes in staffing unless and until adequate safeguards are established to better ensure the safety of the Deputies assigned to those units. Additionally, he recommended that SEBA and the County meet to identify the potential safety concerns that need attention, and reduce to writing the safeguards necessary for the Deputies assigned to those units.

           On March 24th a hearing was held before arbitrator Edna Francis regarding the creation of the new position of Environmental Specialist IV, Hazardous Materials Response Team, within the San Bernardino County Fire Protection District. SEBA brought forth the argument that the new classification specifically diminished the prevailing minimum qualifications of Hazardous Materials Specialist by eliminating the requirement of certification as a Registered Environmental Health Specialist with the State of California. This lowering of standards jeopardizes the health and safety of workers assigned to the Hazardous Materials Response Team, as well as compromises the safety of the general public. After Ms. Francis receives the briefs from the parties, she has thirty (30) days to provide her decision. I must state that this decision is only advisory.

President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco