Unfair Labor Practice
An Unfair Labor Practice is a charge that the County has violated employees’ rights either through an MOU violation or violating State or Federal law. This is the reason staff are striking, as SEIU describes below in their charge. The strike is not related to contract negotiations as that would be unlawful, and an unfair labor practice committed by SEIU.
SEIU, Local 521 has filed an Unfair Labor Practice with the California Public Employment Relations Board (PERB). Charge Number: SA-CE-1079M:
County only partially responded to an information request provided during bargaining on August 30, 2018. SEIU had requested information related to AFSCME classifications yet clarified on August 30th that SEIU only desired information pertaining to its members;
Two Cease and Desist Letters:
1. A Social Worker stated at the July 17, 2018 Board of Supervisor’s meeting that staff were working and not being compensated which could be a violation of State and Federal law. The County followed up with the Social Worker to ensure staff were being paid appropriately. In the discussion, the Social Worker stated she did not have any direct knowledge of staff working and not receiving compensation. SEIU has stated this interfered with the Social Worker’s rights.
2. As required by the MOU, SEIU sent a message to several Human Resources Managers at the Community Services Facility stating they would be on-site to meet with members. The notification contained the wrong date and location. When SEIU arrived at the Department of Child Support Services, SEIU wanted to use a break room that is used by all employees including management and AFSCME members. The County suggested an alternative CSF location. SEIU has stated this interfered with their right to meet with members.
SEIU stated management interfered with employee’s right to engage in union activity when staff may have been requested to either remove or lower union posters that were in violation of the Community Services Agency Office Décor Policy. SEIU misrepresented this as a County policy to PERB and included pictures the County could not validate to determine which Department the pictures were from.
SEIU initiated and led 8 days of work actions encouraging County employees to go days without compensation and interrupting services to the community for the three reasons listed above. The County disagrees with the legality and necessity of these work actions, which have occurred prior to either party declaring impasse.
