Independent Report Finds Election Run Properly
The LA City Employee Relations Board has dismissed EAA's charges about the handling of the decertification election after reviewing an independent report. The report found that City Clerk employees and ERB properly handled ballots and that EAA had presented no evidence for several claims.
While the MOU 17 supervising engineers' move to SEIU is still stalled by EAA Lawyers, certification now looks likely in November.
That news came at the Employee Relations Board meeting on Monday, August 24th.
The Board reviewed an independent investigator's report that said the EAA decertification elections were run properly and without irregularities. All objections brought by EAA claiming that ballots were not safeguarded or that SEIU had improper access to the ballot counting area were found to be without merit, or false.
Click here to read the investigator Frank Silver's report rejecting EAA ballot objections (pdf). For more supporting documentation see below.
Certification Likely in November After EAA Objections Resolved
The Board ruled that they will not vote to certify MOU 17 until after unfair employee relations practices (UERPs) filed by EAA last year are dealt with by an independent hearing officer. EAA filed over a dozen UERPs to try to stall or stop the election from happening from September-November 2008.
Over half were thrown out immediately, the others were sent to a hearing officer to settle disputes of fact between EAA and the City. That hearing process has been painfully slow, but the end is in sight.
What to Expect:
September 8: post-hearing draft from EAA due to hearing officer
After September 8: Hearing officer has 30 days to complete his report. Each union then has 10 days to review the report and go on the record in dispute of any findings. Report goes to ERB to rule on each UERP.
Based on this timeline, it is possible that the ERB will be able to address the UERP's in October and certify MOU 17's results, but because the ERB is usually slow, and EAA has, so far, filed for every possible extension to drag things out further, we expect that November is the most likely time for MOU 17 members to be officially transitioned into Local 721.
Key Documents
Independent Report on Election
Report by Independent Investigator Frank Silver (pdf)
EAA ballot objections (pdf)
EAA Unfair Employee Relations Practice charges (all pdf)
UERP 1726 / SEIU 721 Response (SEIU is intervenor)
Leave a comment