City Council Wants Public Input on PERS Retirement

Tuesday, July 22, 2008

Pacific Grove - The Pacific Grove City Council voted 4-3 in favor of placing an advisory measure on the November ballot. The City filed a resolution yesterday with the Monterey Elections Department. The advisory vote will ask the citezens of Pacific Grove their opinion of taking the City Employees out of the CALPERS Retirement System and placing them into a 401K type of plan. UPEC was unable to obtain the exact language today and told to call back after August 8th.
The City Council had previous voted 3-4 against placing CALPERS item on the ballot in their July 2nd meeting following comments from Fire, Police and UPEC representatives. A week later the item was back on the City Council agenda for the July 16th meeting. Business Manager Chris Darker said the CIty Council is determined to do away with CALPERS claiming that the retirement system is too costly and to blame for their projected budget shortfall. 


Posted by CDarker on 07/22 at 09:37 PM
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UNION RALLY DRAWS OVER 150 SUPPORTERS

Friday, July 18, 2008

WILLOWS , CA – The Union that represents Glenn County Superior Court employees announced today that a law suit has been filed against the Court in Federal District Court in Eastern Sacramento, California.  Chris Darker, Business Manager for the United Public Employees of California, Local 792 made the announcement at a Union Solidarity Rally held in Willows, California on Monday, July 14, 2008.

The EEOC conducted an extensive investigation of the Glenn County Superior Court in Willows, California and determined that court administration had failed to promote its employee, Norma Raygoza, a Hispanic female, based upon her race in 2005. Following the determination by the EEOC, court administration finally promoted Ragoza from a Court Clerk II to a Court Clerk III in August 2007.  “Norma is an excellent employee who, because of her race, was denied a promotion for nearly two and one-half years longer than her fellow Caucasian workers”, stated Darker. Ragoza has worked for the court since February 2000.

The Union and Raygoza, assisted by EEOC representatives, met with court administration in January 2008 in an attempt to settle issues such as lost wages and benefits. The court refused to make any settlement and continued to deny any wrongdoing. “The lack of any settlement offer by the
Court clearly shows their contempt for the law and total disrespect for those of Hispanic origin”, stated Darker.

The United States Department of Justice issued a “Right to Sue” letter to Norma Raygoza in April 2008 giving her 90 days to file an action against the Glenn Courts. Raygoza has received the backing of her labor union and retained the Law Firm of Sacramento attorney Paul Q. Goyette who filed the suit in the Federal District Court for Eastern Sacramento County, California today.

The suit is filed against the Glenn County Superior Court, Assistant Court Executive Officer Janelle Bartlett and Chief Court Executive Officer Tina Burkhart. The complaint alleges the defendants discriminated and retaliated against Norma Raygoza, specifically:  1. Discrimination Violation of Title VII (42 U.S.C. §2000, et seq.); 2. Discrimination Violation of FEHA (Gov. Code § 12940, et seq.):  3. Retaliation in Violation of Title VII (42. U.S.C.  § 2000, et seq.); 4. Retaliation in Violation of FEHA (Gov. Code § 12940, et seq.)

“Our Union will not stand for racism in the workplace and as a union we will go the extra mile to ensure our members are protected against these bigots and see that justice is served. As American Citizens we have protections under the United States Constitution”, stated Darker in front of Raygoza supporters.


Posted by CDarker on 07/18 at 04:01 PM
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Hispanic Police claim bias in suit against Denver Police Department

From The Rocky Mountain News, July 16
DENVER, CO – Sixteen current or former officers, all of them Latino, are filing a class-action lawsuit alleging longtime discrimination patterns against the Denver Police Department.
The lawsuit, announced today at a news conference by the National Latino Peace Officers Association, claims minorities have not been promoted like whites, have been pushed out of the training academy and have been forced into a hostile work environment. Those who complain have had a fake bomb placed in their desk, been called traitors and have found themselves getting slower backup, it states.
Sgt. Leonard Mares played the audio of a training tape from 1979 in which an officer yelled a series of racist, sexist and homophobic statements at recruits. Some of those who were trained then are now in leadership at the force, and the pattern of discrimination has become systemic, Mares said.
“When does the training stop for non-white officers? Ten years? Twenty years? Thirty years?” Mares said. “These hurtful behaviors have always been accepted by many in the Denver Police Department.”
The lawsuit seeks unspecified monetary damages for unpaid income, retroactive pay and unpaid severance, among other things. It also demands that the department eradicate its “unlawful employment practices” and reinstate the plaintiffs to jobs they would have held if not for the discrimination.


Posted by CDarker on 07/18 at 09:58 AM
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Federal Law Suit Filed Against Court

Wednesday, July 16, 2008

Willows - Glenn Superior Court Administrators will soon land in court as defendants. The Law firm of Goyette and Associates filed a law suit in Federal Court Monday on behalf of UPEC member Norma Ragoza. Raygoza, a Court Clerk was denied promotion for 2.5 years longer than her fellow Caucasian workers. The EEOC spent over 18 months conducting an investigation of the complaint filed by Ragoza and ruled that Glenn Superior Court had discriminated against Raygoza “because of her race, hispanic.” “Norma is an excellent and loyal employee with a great written record of performance. She doesn’t deserve what Court Administrators have done to her”, stated UPEC Business Manager Chris Darker. Norma is possibly facing another 18 months before her case is finally resolved.


Posted by CDarker on 07/16 at 01:02 PM
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Voter Registration Training

REDDING - Avoter registration training will be held at the UPEC Union Hall on Wednesday, July 23, 2008 beginning at 6:30pm. The main purpose of the meeting is to train new voter registration (VR) volunteers and to review and update verteran VR’s on current trends.


Posted by CDarker on 07/16 at 11:57 AM
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Trinity County Behavioral Health Transportation Aides Win Battle for Pay

WEAVERVILLE - Back in October 2007 the Transportation Aides for Behavioral Health were told by their Director that they would be paid for their on-call/standby hours that they had previously done for free. The Director was true to her word and the drivers were paid for their on-call hours during the month of November in 2007. The County Administrative Office (CAO) at the time learned that this pay issue had not gone through the proper bureaucratic paperwork and he rescinded the pay pending the Board of Supervisor’s approval. The Union was contacted and approved the pay and offered to write a letter acknowledging this addition to the contract. The Union was told that the letter was not necessary and the item was going to be taken in front of the Board. Several months later the Union was contacted by Trinity County Steward and U.P.E.C. Executive Board President Mike Cottone who told us that the drivers still had not received their standby pay. The Union found that the documents had not been taken to the Board of Supervisors as promised, however, we were told that it soon would be. A short time after this the CAO resigned his position with the County. A new CAO was appointed and again the paperwork went missing. At this point it was suggested to the drivers to stop taking on-call schedules and to let the Director know why they were chossing this course of action. After a letter from the Union the paperwork was completed and ready to take to the Board of Supervisor’s in July of 2008, however, the new CAO did not think that retroactive pay back to December of 2007 was appropriate (even though it had been promised by the former CAO). The Union wrote to the new CAO explaining the circumstances and after several telephone calls and the support of the Director of Behavioral Health, Nancy Antoon, we were able to gain the CAO’s support for the new pay and the retroactive pay.

On July 15, 2008 this item was brought forth to the Trinity County Board of Supervisor’s. The Director, who has stood behind her employees from the beginning, again stepped up to the plate and explained everything to the Board when she was asked to do so. After asking a few questions Supervisor Howard Freeman stated that the minimal pay they were giving these employees was little compensation for the job that they performed for the County, and he went on to commend each of the aides for the job that they do. The Board unanimously voted to pay all transportation aides $2.50 per hour for standby/on-call pay and this pay would be retroactive back to December 2007.

Thanks to Transportation Aide, Shirley Kapps, whose help made this process reach a successful conclusion.


Posted by Mike Lyon on 07/16 at 11:51 AM
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Solidarity Rally and Picnic

Wednesday, July 09, 2008

WILLOWS - UPEC Local 792 will sponsor a Solidarity Rally and Picnic on Monday, July 14, 2008. Union members are encouraged to stand up for Norma Raygoza in support of her fight for justuce. The Rally will be in front of the Glenn Superior Court House on 526 West Sycamore Street in Willows at 11:30am. Union members should wear their union shirts or hats. Union shirts will be available prior to the rally for UPEC members. The picnic will be at Sycamore Park just 2 short blocks from the Courthouse beginning at 12:00 noon. Food will be served and a donation is requested for the Norma Raygoza Legal Defense Fund. Business Manager Chris Darker said our union members and their families should feel free to attend. “We have a right to free speach and right to peacefull assembly, said Darker. Union members should comply with their contract and make sure they are on a lunch break, vacation time or off duty. 


Posted by CDarker on 07/09 at 03:34 PM
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PRESIDIO NEGOTIATIONS RESUME

Thursday, July 03, 2008

Political Action Has A Role

San Francisco - Negotiations are resuming in San Francisco to settle the first-ever labor contract for the 180 employees working at the Presidio Trust. Negotiations had previously stalled on management’s unwillingness to negotiate basic issues such as wages, benefits and employee status (eliminating at-will status).

At the direction of Business Manager Darker, Senior Labor Representative Steve Allen has attended meetings in San Francisco with LIUNA International Attorney Bob Purcell. Attorney Purcell has been very dedicated in organizing and representing this unit since its inception a number of years ago.

Through the legislative resources of our International Union, LIUNA, Purcell recommended a bill be introduced to the United States Congress to legislatively enact the very same provisions that Management refused to bargain over. Only after the bill was drafted for introduction did Management agree to resume negotiations on these key issues. We will know at the end of a two day session scheduled for next week on July 9th and 10th whether Management is serious about negotiating an agreement.

Our Local would also like to thank Chief Steward Norm Infusio and bargaining team members Sam, Margaret and Paul for their perseverance and dedication to the bargaining process. We will get a contract!


Posted by Steve Allen on 07/03 at 11:33 AM
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UPEC FIGHTS CITY HALL!

Pacific Grove City Council Votes to Cut Employee Rights

Pacific Grove - UPEC Representative Rick Burruss attended a meeting of the Pacific Grove City Council July 2nd to argue to the Council that it should not approve an Ordinance Change that would make all City employees “at will” subject to the City Manager’s discretion. Burruss explained to the Council that their action would violate the State Constitution and case law whereby California public employees have a “property interest” in their positions once they pass initial probation. The property interest that employees enjoy requires a due process procedure for any discipline to be legal. Despite UPEC’s presentation, and presentations from other City bargaining units including police and fire associations, the City Council voted 4-3 to approve the proposed ordinance.

At issue is the City Charter which indeed does include an “at will” statement.

In light of the City Council’s vote, UPEC Business Manager Chris Darker directed staff and legal counsel Goyette and Associates to take all appropriate legal and political action to protect and reinstate our member’s permanent status job protections. For starters, Senior Labor Representative Steve Allen will use the Public Employment Relations Board (PERB) on line form to file an Unfair Practice Charge against the City for unilaterally changing a negotiable condition of employment without completing the bargaining process.

On another matter, the City Council also considered placing an advisory measure on the November ballot to ask citizens to vote on whether or not the City should drop out of PERS and instead enroll employees in a 457 deferred compensation plan. This was seen by UPEC as a back door approach to eliminating PERS over the next several years. Rick Burruss and other association representatives also addressed the Council on this topic and thankfully persuaded the Council to drop the ballot attempt, this time on a 4-3 vote in our favor,

Good job, Rick! We will stay on top of this important issue of job security for our members.


Posted by Steve Allen on 07/03 at 11:10 AM
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Shasta Regional Medical Center RN’s Overwhelmingly Reject Managements Offer

Friday, June 27, 2008

Over 70% of the Registered Nurses at Shasta Regional Medical Center overwhelmingly rejected management’s last, best and final offer. During the three day’s of voting over 89% of the nurses voted to reject managements offer. This offer was not endorsed by the bargaining team and the bargaining team recommended a “No” vote on the proposal. During the mediation session the bargaining team reminded managements bargaining team, through the Mediator , that two years ago when SRMC pleaded that they were in a poor financial situation the RN’s received a 10.5% raise over two years. The bargaining team recommended a 13.5% salary increase, for all employees, over a two year period or a counter offer from management of one or two years. Management responded with their last, best, and final offer that consisted of a 13.5% salary increase over four years. They also stipulated that any RN, who is currently being paid outside of the current wage scale, would be frozen and in lieu of a raise each of these ninety plus (approx 35% ) nurses would receive a $1,000 stipend each year until they returned to the wage schedule.

Management also agreed to picking up 80% of any insurance increase, however, their offer was only good for the first two of the four years. This would leave the nurses bargaining over any increase in years three and four with management not having any obligation to pay any of the increases in these two years.

Because of the salary and insurance issues we told the Mediator that we would not be endorsing this proposal, however, we would take it to the members for a vote.

The Union has forwarded the results to management with a request that they return to the bargaining table. We are awaiting their reply.


Posted by Mike Lyon on 06/27 at 07:19 AM
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