March 2008
CHIEF OF LABOR RELATIONS CORNER
West Valley Staffing Level Grievance moves through the Steps
In October of 2007 SEBA was informed the Sheriff’s Department had implemented a reduction of staffing levels at West Valley Detention Center which resulted in significant and adverse working conditions of SEBA members working at the facility. Immediately becoming aware of this situation, SEBA President Bill Abernathie went out to the facility on a PM shift arriving approximately at 2:00 a.m. to evaluate the staffing levels. The next day Bill directed Nancy Tate to investigate the matter further. Nancy discovered that there had been staffing reductions in units 7 and 8 as well as 13 and 14. Shortly thereafter Nancy filed a grievance stating this unilateral action by management was in violation of the Full Understanding clause of the Safety MOU, as well as the Meyers Milias Brown Act.
The Human Resources Division rejected the grievance stating the grievance does not allege that a specific MOU article has been misinterpreted, misapplied, or violated. SEBA was not satisfied with the answer provided by Human Resources and moved the grievance to step three of the grievance procedure. On December 3rd of 2007, the step three grievance meeting was held. Nancy, SEBA Attorney Richard Levine and I met with Sheriff’s Management in an attempt to resolve the grievance. During the meeting we explained SEBA’s position on the grievance. On December 10th SEBA received the department’s response to the step three grievance meeting. In their letter, management took the position that since that had not been a layoff there was not a reduction in staffing. Again SEBA was not satisfied with management’s answer so the grievance was advanced to step four. On February 13, 2008 the step four grievance meeting was held. Nancy and Richard met with the Undersheriff and County Council to discuss the merits of the grievance. At the time this article is being written, SEBA has not received management’s response to the step four grievance meeting. SEBA is hopeful that management will agree with our position on this grievance. However if they do not, SEBA will advance this grievance to arbitration and have a neutral third party make the decision.
Email Notices Equal Adverse Comments
It has come to SEBA’s attention that the Probation Correction’s Supervisors have been directed by management that when they send an email to a subordinate regarding a concern, the supervisor is to print a copy of the email and place it in the employees drop file. If this is occurring the Public Safety Officers Procedural Bill of Rights Act is being violated. Under the Act no adverse comment can be placed in a file used for personnel purposes. SEBA will be meeting with the Probation Department to discuss this matter. Until then, if you receive an email from your supervisor, ask them if a copy is going to be placed in your drop file.
Overtime Issues
It has come to SEBA’s attention that District Attorney Investigators are being offered overtime assignments as a Comp-time assignment rather than an Overtime assignment. SEBA believes that this is in violation of the Fair Labor Standards Act Section 7(o). This section provides an element of choice to the employee to take either cash payment or comp time for hours worked in excess of the normal assignment. I have brought this to D.A. Administration’s attention and they are looking into the matter. I will keep you updated on the progress.
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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