Board Says, “Glenn Superior Court-Stand before the Federal Judge”

Friday, May 23, 2008

REDDING HQ - The UPEC Local 792 Executive Board made a local historical decision yesterday to retain the Law firm of Goyette and Associates to see that Glenn Superior Court is held accountable for their misconduct. Nearly four years ago, UPEC Business Manager Chris Darker determined that Glenn Superior Court Clerk Norma Raygoza had not just been wrongfully denied a promotion but that she was discriminated against because she was Hispanic. Darker pursued the issue through the grievance procedure for nearly a year when the Court Administrator, Tina Burkhart, suddenly decided promotions are not subject to arbitration. Since the Court had no interest in settling the matter in-house, Darker recommended that Raygoza contact the Federal Equal Employment Opportunity Commission (EEOC). This is a process that must be initiated by the victim which in this case was Raygoza. “The Court Administration has broken the law by discriminating against a person because of their race”, stated Darker.
In February 2005, UPEC member Norma Raygoza contacted the EEOC who eventually agreed to conduct a full investigation of the Glenn Superior Court. During this time, Norma continued her work as a Court Clerk II and trained current and new clerks how to do the work of a Clerk III and IV (higher classifications which Administration say’s she doesn’t qualify). The EEOC gathered depositions from current and past employees and finally in July 2007 issued their findings. The EEOC found that Glenn Superior Court had discriminated against Norma Raygoza because of her race (Hispanic) A VIOLATION OF FEDERAL LAW! Darker and Raygoza were happy that the EEOC had proved what they knew all along but saddened by the fact that it was true. “In this day, I find no comfort in the fact that our own judicial system, the people who we trust to administer justice, find this behavior acceptable”, stated Darker. Despite being supervised by those who discriminated against her, Norma has continued to go to work every day. “This has been hard on me and my family. I have had to force myself, on many occasions, just to get out of bed. I have to fight this discrimination for my children and grandchildren, and for everyone who is being discriminated against because of their race”, stated Raygoza.
The Court agreed to meet for a settlement conference in January 2008. UPEC Representative Dave Ritchie and Norma Raygoza left in the darkness of morning and travelled to San Francisco for the conference. By mid-morning, Glenn Superior Court Administrators stated they had nothing to offer as settlement. The court administrators said since they promoted Raygoza to Court Clerk III in August 2007 (finally and only after the findings of guilt) they had done all they could do. This not only surprised Raygoza and Ritchie but also the EEOC.
In April 2008, Norma Raygoza received her “Right To Sue” letter from the EEOC. “Obtaining this type of letter from the EEOC is very rare these days”, stated Darker. This letter grants her permission to take the Glenn Superior Court to Federal Court and sue them for discrimination. The only problem is if Raygoza wants justice it will come at her own expense and time from work a problem Court Administration is betting on. The union is not obligated to represent members beyond what the collective bargaining agreement states which in this case is arbitration. In fact, in this case, UPEC’s legal obligations were completed in December 2004. “There was no way I was going to close my case back in 2004. There is no room for racism or bigotry in our union. I have always believed we must see justice done and that an injury to one is an injury to all”, stated Darker. “I want every employer who employs our members and discriminates against them to know that UPEC, Local 792 will go the extra mile to see justice done. I am sure the Glenn Court was not counting on the union getting involved but they still have a few weeks to do the right thing”, said Darker.
Board members are in disbelief that a California Superior Court broke the law and now refuses to make it right, “I was deeply moved by Norma’s case.  It is particularly personal to me because I work for the California court system”, stated Board Member Tom Pringle. “I believe we have a moral obligation and this case tests the principles that are the foundation of our union”, Stated Board Member Ron Huey. Since March, the UPEC Executive Board has been reviewing this case with legal counsel Paul Goyette. The UPEC Board decided yesterday to step up support to do all it can financially and to gain the support of all union members to raise the money necessary to get this case to Federal Court and back.
The Board has established a special Legal Defense Fund for cases such as this. Donations can be made to the “NORMA RAYGOZA LEGAL DEFENSE FUND”, C/O United Public Employees of California, Local 792 1860 Park Marina Drive. Redding, California 96001.