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

May 2008

CHIEF OF LABOR RELATIONS CORNER

SEBA Prevails in FTO Grievance

           On March 25th SEBA received the Arbitrator's award on the grievance filed regarding deputies who had failed the Field Training Officer (FTO) program. For those who were unaware, the Department was subjecting these deputies to an administrative investigation and discipline based on their performance as a Deputy Sheriff. SEBA believed the Department had violated the Reassignments Article of the 2005-2009 Safety Unit MOU. It was SEBA's position that the parties had every opportunity to negotiate what was to occur to a deputy who failed the FTO program based on performance during the negotiation process for the last Safety MOU. At no time did those discussions include disciplining deputies. SEBA also asserted conducting an administrative investigation for performance issues violated a long standing past practice by the sheriff's department. SEBA provided several witnesses to testify on this point where the County brought no rebuttal witnesses.

           In the remedy portion of the grievance, SEBA requested: 1) that the Department cease and desist the practice of conducting administrative investigations on deputies who fail the FTO program based on performance; 2) the department reassign the deputies back to patrol where their performance could be reevaluated, and; 3) any remedy deemed just and equitable by the arbitrator.

           In his decision, the arbitrator stated SEBA had demonstrated that there was a past practice of more than thirty years. Also he said the record was clear that the County never provided reasonable written notice to SEBA to meet and confer on the issue of disciplining employees who fail to meet performance standards during their FTO program.

           The Arbitrator directed the County to rescind the letters of reprimand to the two named deputies as well as any other deputies who were issued letters. Further, the arbitrator instructed the County to cease and desist from issuing any such similar discipline until the County has properly notified SEBA they intend to enforce its right to issue discipline to deputies who fail their FTO program.

           SEBA was fortunate to have Richard Levine from Silver, Hadden, Silver, Wexler and Levine representing us during the arbitration hearing. Richard did an excellent job of framing the issue and presenting the case.

           This grievance took a considerable amount of time to be resolved. It was originally filed on June 12, 2006.

           On March 31st SEBA became the Recognized Employee Organization for the newly formed Specialized Fire Services Unit. This unit has twenty-five (25) members comprising of Fire Prevention Supervisors, Fire Prevention Specialists, Fire Prevention Officers, Emergency Services Officers, EMS Nurse Educator, EMS Training Officer, and Senior Plans Examiners. Twenty-two of the twenty-five members in this unit voted. The results were eighteen for SEBA and four for no representation.

           On April 8th representatives from the Sheriff's Department and SEBA went to the Inland Valley Arbitration and Mediation Services (IVAMS) office to count the votes for the remaining stations that do not have Seniority Scheduling. During the vote count it was noticed by IVAMS representative, Sheriff Department representatives and SEBA that there was an inordinate amount of return to sender ballots. Out of 280 possible members voting, only 32 ballots were cast, with another 54 ballots coming back to the IVAMS office as return to sender ballots. The reason for such a large number of return to sender ballots was due to the fact that the mailing list used to mail the ballots was the physical addresses of members rather than their mailing addresses. To remedy this situation SEBA will be talking with the Department about a new election.

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