SEBA President

           I am writing this article to address different issues that have come up in the last month or so and to give you information on how SEBA goes about trying to resolve your issues. The first is to inform you of the resources that are available to us to assist members with their issues, the second is to inform you of the gray areas, and the third is to help you understand that the SEBA Labor Staff will not always tell you what you want to hear because to do so would be a disservice if your request is unreasonable or contrary to what is good for the bargaining unit as a whole.

           The SEBA Labor Staff receive numerous calls from members on a daily basis. Members will ask us about a number of different issues. There are a number of resources the labor staff can refer to, but not every situation is covered by a law, Memorandum of Understanding (MOU) or Personnel Rules. There are a lot of situations that are not referred to in our resources, thereby creating gray areas that can sometimes result in unfair treatment to our members. When this occurs, if management is unwilling to cooperate there is not much we can do. Some members will say “Well, we need to go elsewhere for representation,” but let me assure you, that is not the answer because every agency has the same constraints to work with, so this will not solve your problem. Some can be answered by referring to the applicable MOU, the Personnel Rules, or the Peace Officer Bill of Rights (POBAR). I also receive a number of calls on Worker’s Compensation Issues, the California Family Rights Act (CFRA) (similar to the Family Medical Leave Act except CFRA is a state law that grants greater benefits to employees/our members), Pregnancy Disability Leave, and reasonable accommodation as it pertains to physical disabilities. I worked for the Department of Fair Employment and Housing (DFEH) for four (4) years and continue to attend quarterly meetings to keep my skills in this area up to date. If you need information on these types of issues, even if you are not my assigned member, you should call me since I am the subject matter expert for the organization.

           To date, a member and I exhausted the administrative process and the member was not satisfied with the answer received by management. This member has since filed a complaint with the DFEH, the complaint was accepted for investigation, and if he prevails it will impact the way the County does business which will benefit numerous members.

           I also provide assistance in answering Workers Compensation Law questions. I am not an expert in Workers Compensation Law since I only worked as a Workers’ Compensation Adjuster for a year, but I understand the process and did take some classes at UCR when major revisions were made to this law to better assist the members when they call for information. I will inform you of the process since the average member does not understand it. Based on the information you provide me I can tell you where you are in the process and what to expect. I lay out the options available to you and of course it’s your decision how you proceed. The last two calls I received were from members that received a rather large check because it was determined they had permanent disability (PD) as a result of their work injury. The PD did not prevent them from returning to their positions and they were back at work when they received their checks regarding their claim. They didn’t know what the checks were for so I explained it to them. I want to let you know that while I can provide information in these areas, your legal defense fund does not cover these issues, so if our attempts to resolve issues informally is not successful, you will have to proceed on your own. For anti-discrimination issues, I will usually refer members to the DFEH or to the Equal Employment Opportunity Commission (EEOC). They will provide free assistance if they believe your case has merit. For Workers Compensation Attorneys, SEBA’s policy is to not recommend any particular attorney.

           SEBA Labor Staff can also provide information on the labor code and the Fair Labor Standards Act (FLSA). A labor Code violation occurred to one of our members and I was able to argue the labor code to management which resulted in the adverse action being rescinded. The FLSA is a complex law and we can provide some assistance in this matter, but when unsure we refer the issue to our legal counsel and ask them to research it for us, and we make decisions accordingly.

           SEBA will also try to answer questions regarding the federal Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). The federal government has a helpline that is available to assist anyone asking questions regarding this law and it has been helpful to at least one member who was going to be treated in a way that would have been a violation of the law. The issue was resolved to the member’s satisfaction.

           As you can see, SEBA can use these laws, the MOU or the Personnel Rules to show that we have authority to challenge a decision made by management. However, there are gray areas that are not covered by the above-mentioned resources. Members who call want certain things done, but we have no authority, i.e. resources, that we can use to challenge management’s decisions. For Deputy Sheriffs, District Attorney Investigators and other members, I am sure there have been times when you wanted to act on an issue while on duty, but there is no law that gives you the authority to proceed in the way you believe is right or just. The same applies to us. However, I want you to know that even when we don’t have a resource to back us up, we still try to persuade management that the action was unfair and ask that it be resolved. In some cases management will do the right thing, but there are times when they are unwilling to change their decision. At that point we have to stop and just ask the member to write a rebuttal if the adverse action is written, or ask the member to comply with the directive such as working the mandate even thought he/she has worked his/her quota for the pay period.

           For the Probation Corrections Officer (PCO), another very common complaint I have been hearing is that they are being reprimanded by their supervisors in front of their peers, and their supervisors are treating them in a demeaning manner again in front of an audience. Let me first say that I am sure not all supervisors are doing this and that information comes from many PCO’s who state they don’t have any problem with their supervisor. But I have received enough complaints from the PCO’s via phone calls, and it was reflected in their contract survey to know it’s a problem. I believe an employee should be praised in public and reprimanded in private. It allows the PCO to retain their dignity and the supervisor still gets the point across without embarrassment. This again is not covered in any resources so I cannot make the supervisor stop. I have called and talked to some supervisors about specific incidents when permission was given to me by the PCO. One particular PCO told me that after I talked to their supervisor, with whom I had a rapport, this behavior changed. Not all supervisors are receptive to my suggestions and I have no authority to make them stop. So this is another gray area.

           Last but not least I want to talk about the member who calls with an unreasonable request. I had a member call and tell me she received a letter of reprimand (LOR) for using the internet. This member had no reason to use the internet as part of her employment and had signed a statement that computer use was to be strictly for county business. I asked the member if they knew that using the internet was wrong, and was answered in the affirmative. However, the member stated that numerous people were doing this so shouldn’t they also receive an LOR? I stated that my job was not to get people into trouble but to get them out of trouble or minimize their discipline. I was not about to go to management and give them the names of the others. I informed the member that I had knowledge that others had also received LOR’s for the same matter. I told the member she could tell management, but did they really want to do that, to which the reply was, “No.”

           Along the lines of SEBA Labor Staff not telling members what they want to hear, but what is in their best interest, I want to tell you why we do this. Again, some members will say you’re supposed to represent me, “Why are you sticking up for them (supervisors/management)?” The answer is simple: Because I am looking out for what’s in your best interest. There are times when after interviewing the rank and file member it’s apparent to me that the member is wrong, not the supervisor. Supervisors have jobs to do and that includes dealing with their subordinates’ issues when they arise. I will lay out their options, but I will also inform them why I believe they are wrong. If I tell a member what they want to hear to be popular with them, I am doing a disservice to them because I know if they continue believing their behavior is correct it could in the long run cost them their job. I want you to keep your job! That is why I am going to tell you the truth. Constructive criticism is good and it should be used to help us grow as individuals, employees, and members.

Please feel free to call your field representative if you have any concerns regarding this issue. However, in the absence of time, follow the order, then contact your field representative and we can assist you if there is a grievance to be filed.