December 2007
CHIEF OF LABOR RELATIONS CORNER
LDF Benefits
I thought it would be helpful if I explain the Legal Defense Fund (LDF) benefits SEBA members receive. SEBA contracts with the Legal Defense Fund of the Peace Officers Research Association of California (PORAC) for services. This plan is administered by a Board of Trustees, with the assistance of DHS-Police Benefits Administration. The Board of Trustees consist of five members which are elected by regions. Tony DeCecio is the trustee for our region.
Within PORAC’s LDF plans, SEBA has selected Benefit Plan III – Civil, Criminal and Limited Administrative Actions. Under this plan a Peace Officer or Public Safety Employee is entitled to the following services. Legal representation in any civil or criminal action and representation by a Panel Attorney or Field Representative in the types of administrative disciplinary actions which arise from any act or omission within the scope of employment in which the discharge of a weapon is involved; or serious injury or death occurs; or where “Miranda” warnings are given to a member and are not followed by an admonition that any statement made in an administrative interrogation may not be used in criminal proceedings against the officer; or the member has been given formal written notice of proposed administrative discipline in the form of a suspension of more than forty (40) hours or the financial equivalent thereof. In most cases determining if an act is within the scope of employment is easy. However, there are times where acts that occur while the member is on duty are not considered within the scope of employment, and there are acts that occur while the member is off duty that are determined to be within the scope of employment. SEBA is here to help you through the process. If a case has been determined to be out of scope, SEBA staff will still provide representation during the administrative process through the Skelly hearing.
In addition, a member will be entitled to representation in a civil or criminal contempt action for Concerted Labor Activity arising out of a dispute over wages, hours, terms, or conditions of employment between SEBA and the County. According to PORAC’s Summary Plan Description a Concerted Activity is defined as a concerted failure to work, to respond to orders to work, or concerted use of sick leave or calling sick, but not to encompass criminal conduct, including but not limited to vandalism, petty theft, arson and assault. I want you to understand this coverage only applies if SEBA has directed a concerted activity. If you act on your own, i.e. a Wild Cat activity, there is no coverage.
Benefits for a member shall automatically terminate when his or her participation in the Legal Defense Fund terminates; or when his or her membership in PORAC terminates; or when membership with SEBA terminates; or when the member voluntarily resigns as a Peace Officer or Public Safety Employee. Benefits are extended to a participant who is being involuntarily terminated for actions arising from events involving the involuntary termination of employment.
Modifying Standard Tours of Duty
It has come to SEBA’s attention that several of our members working in the Sheriff’s Department have been asked by Management to change their start and stop time of the regular tour of duty without having the forty-eight (48) hours notice as required by the Safety MOU. There is no wavier provision in the MOU for the forty-eight hour requirement. The following is the relevant MOU language which can be found on the bottom of page thirty-nine (39) and the top of page forty (40) of the Safety MOU:
“A pay period shall be comprised of a fourteen (14) calendar day corridor. The first pay period under this Agreement shall commence at 12:01 a.m. Saturday, December 14, 2002, and shall end at 12:00 p.m. (midnight) on the second Friday thereafter. Each subsequent fourteen (14) day period shall commence on the succeeding Saturday at 12:01 a.m. and shall end at midnight on the second Friday thereafter. The pay period and work week may be adjusted in accordance with FLSA requirements. The intent of the County and SEBA is to allow for alternative shift scheduling without violating requirements of the FLSA. Under no circumstances shall the right to adjust in accordance with FLSA requirements entitle the County to make such adjustments for the primary purpose of avoiding overtime.
The County may reasonably establish, change, or modify standard days, tours of duty, or shifts for individual positions according to the needs of the service within the established period. Except in instances of law enforcement or staffing emergencies, employees shall be notified personally or by mail by a ranking officer of a shift change no later than forty-eight (48) hours prior to the time the shift change is to become effective. Projected work shift schedules will be posted two (2) months in advance, subject to change as a result of personnel shortages or emergencies.”
If you have any questions about this article send me an email at meagleson@seba.biz or call me at the SEBA office.
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