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Federal Judge Rules to Protect Union Leader’s Constitutional Rights

seiu_wendy_thomas_ac_hug_500.jpgWendy Thomas hugs lawyer Alan Crowley following the granting of a preliminary injunction against Riverside County management in federal court Wednesday.
Federal District Court Judge Virginia A. Phillips granted a preliminary injunction on June 29, 2011, against Riverside County, the Riverside County Sheriffs Department and six individual managers to prohibit further retaliatory actions, such as any involuntary transfers, against Wendy Thomas, a 911 Communications Supervisor, SEIU 721 Regional Vice President and 2011 Chief Negotiator.


”This is a win for all workers to have a voice in the workplace, free of harassment and intimidation,” Alan Crowley, SEIU 721’s legal counsel, told a crowd of union members and other supporters on the steps of the courthouse after the hearing. “This is a victory for the union and a victory for society to stand up against these unjust attacks on workers for union activities, which are constitutional rights.”
In December 2010, SEIU Local 721 filed a federal lawsuit for violations of freedom of speech and the right to association against Riverside County officials who have repeatedly retaliated against Wendy over the last two years.  As the chief negotiator in contract bargaining for almost 6,000 Riverside county workers, Wendy has advocated for more efficient and transparent government. 
The lawsuit alleges that shortly after becoming a union leader, Wendy was subjected to numerous punitive actions by management, including involuntary transfers, loss of pay, and extensive Internal Affairs investigations.


According to the court, “a preliminary injunction is an extraordinary and drastic remedy” and it is rare for a court to actually issue an injunction in civil rights cases prior to the trial.  However, on Wednesday Judge Phillips found SEIU lawyers had proven many of the actions the defendants took against Wendy were in retaliation for her union activities and irreparably harmed both SEIU and Wendy. The injunction issued by the judge prohibits the county from involuntarily transferring Wendy and from placing limitations on her ability to discuss county or sheriff department issues during negotiations.


The county argued that they were in a dire economic situation and had to be able to wrest further concessions from SEIU, including inevitable cuts in wages and benefits.  The judge admonished the county’s outside legal counsel that the county’s financial situation does not give them free rein to violate a union member’s constitutional rights of free speech and association.
 
”What affects one, affects us all,” declared Wendy after the ruling to the leaders, members and retirees from SEIU 721 and other unions that had filled the courtroom in a show of support. “We are standing up and fighting for everyone; SEIU, RSA, DDA, LIUNA, all of us. We are all in this together!”


The injunction will remain in effect until the federal case is heard by Judge Phillips in January 2012.
UPDATE:
Judge Phillips issued her final motion Friday, July 8, 2011.
Click here to view a pdf of the final motion.
Click here to view a pdf of the court transcript.
Press Coverage:
Southwest Riverside News Network
Desert Sun
Press-Enterprise
Background of the suit:
Click here to read past webpost.

0 responses to “Federal Judge Rules to Protect Union Leader’s Constitutional Rights

  1. It is mention that the Department cannot involuntary transfer Wendy, what were the other the other actions the Judge ruled on? That was only one of the many, many items mentioned in the motion for preliminary injunction.

    As being personally named in the response by the attorneys for SEIU and Wendy Thomas, I was curious how the Judge ruled on the other matters that were listed on the motion, the ones that mentioned me personally. I will not use this forum to disclaim Wendy’s statements against me, but would be interested in the entire, transparent truth.

    What can someone do when their union representative has slandered them? Who can I turn to? Will SEIU help me?

    Respectfully submitted

  2. Congratulations! We are lucky to have someone as courageous as you leading the way for all of us. Stay strong Wendy, because we will stand behind you 100% all the way to the end!

  3. “Outside legal counsel”???? Another waste of tax payers money to defend criminals. These, soon to be managers are in the $100k club with a couple close to the $200k club!!!

    Wendy, you have endured more abuse than many will see in a lifetime combined. I’m glad Judge Phillips see right through their double talk and recognized their actions for what it really is- a crime.

  4. Congratulations Wendy. Perhaps they will get the drift that the “Bargaining Team” representing county workers and the community at large are a force to be reckoned with… Keep up the good work. It’s about time the county got called out on yet another blatant wrong doing. The good ole boys have been getting away with this for years. There is a new Sheriff in town! Ha!

  5. I’m ashamed of my union. The only black eye on the dept. Is Wendy herself. I am ashamed of my union for following her crock of sh*t and wasting good money on her lies. Guess the outcome of this is if you don’t get what u want, take it to ur union and slander everyone that u possibly can until u get ur way. If the rest of us she is supposedly representing had a say, she would have been voted off of the island a long time ago! Thanks for wasting everyone’s time and money Wendy! Don’t use the rest of us members as pawns in ur little game.

  6. For you judy, you know exactly why your named as a defendant. If not ask one of your co-defendants or the attorney im paying to represent you. Should’ve hired larry h. Parker. For the rest of the foolish defendants, you are all a bunch of snakes with no purpose and have slithered through your careers doing NOTHING. You get a little taste of supervision by trying to kick sand in peoples faces. Well, how do you like the sand storm now. Oh, that’s right look at the puppet master you work for. Go figure. Judy and the rest of you quit wining . No one forced you to drink the koolaid. I SAY WENDY THOMAS FOR SHERIFF. She has more gonads than any of the men running this department which has turned into a circus act….good job Stanley.

  7. Your victory is our victory and liberty to continue and convince others WE ARE the UNION to move forward and unite for the next battle! Wendy, thank you for not QUITTING on us and letting us know WE HAVE A VOICE!

  8. The judge will likely post on the court’s website an order encompassing the 46 page tentative opinion (from 9/29) finding retaliation likely motivated the County for many of the actions alleged in the preliminary injunction motion.

  9. Unhappy you sound bitter and jealous of Wendy’s (union) success with your personal attacks. Perhaps you could have done a better job. Get over yourself cry baby. The good money that is being wasted is on the “Top Heaviness” of the county. I say CLEAN HOUSE starting from the TOP! If you are ashamed of your union, suggestion, retire now while you still have a job!!! Don’t rain on the parade of the union or the Bargaining Team! After all it is summer..and it is going to get real “HOT” up in here, before it’s over. Run and tell that, UNHAPPY!

  10. First of all I do not think there is a new Sheriff in town let alone it being someone as selfish as Wendy Thomas. This whole mess makes me sad and I agree with everyone; it is a complete waste of tax payer dollars. When someone doesn’t get what they want and turn their “Im here for the better of all” into a personal campaign justice is served only for her and not all the” brother and sisters.” I find it interesting that all this malarkey only started when she did not get her way and was held accountable. I know all about her choices? One being where she says she represents all SEIU members but yet when someone doesn’t drink her Kook-Aid she kicks them off her mailing list? REALLY Wendy? You represent everyone? Your only here for the ride and publicity? Why don’t you take a long hard look in a mirror?

  11. Malarkey, you are obviously very near sighted and suffer jealousy towards Wendy. If you would get involved other than complaining and have an active role in YOUR working conditions, wages and benefits, then maybe Wendy wouldn’t have been as vocal and visible for YOU. It’s real easy for you to sit and type that Wendy is selfish, but you take the blood money in pay increases she secured for you. Who really is the selfish one Malarkey? To think Wendy is doing this just for herself is an ignorant statement. You are not paying attention to the work she has, and is doing for ALL classifications, not just yours. Wendy has shined a light on a large group of incompetent people in management. Unfortunately, they have chosen to cross the line and commit criminal acts of violating federal civil rights rather than to address the rogue and retaliatory actions of Grotefend, Schertell, Woods and Gemende. The county gave these people good jobs with good retirements, it’s surprising they didn’t come clean a couple of years ago when this all started, now they have risked losing it all-retirement, homes and cars. Don’t worry about your union dues paying for attorney fees, this ruling on Wednesday guarantees the county, if not the individual co-defendants will have to pay all SEIU’s attorney fees, regardless of the outcome in trial. Malarkey, to put it in simple terms for you, the preliminary injunction was a mini-trial based on briefs submitted by both attorneys. Judge Phillips limited them to 25 pages and allowed oral arguments. In the end Judge Phillips found 4 of the 11 allegations that SEIU submitted had a “clear showing” that the Sheriff’s Department violated Wendy’s civil rights. Judge Phillips also found the act were so egregious that she is ordering the injunction against the department to stop such acts, or be fined and/or individuals be jailed. To call this a case without merit is falling way short, there are about 47 such acts listed in the original complaint, but due to the 25 page restriction, only 11 were submitted with reduced evidence, and this is before document discovery and depositions are taken, which is only going to make the case better. Stand-by Malarkey, this is going to be a fun summer!!! I hope Wendy does remove you from her personal email list, so she doesn’t have to endure anymore Malarkey from ignorant and lazy people like you. The only person that should be looking in the mirror is yourself.

  12. To “UNHAPPY.” Like a parrot, you filed the exact same email at another website (Southwest Riverside News Network). I work with Wendy on SEIU Local 721’s Executive Board (She was the top vote-getter in the Inland Empire, so it’s likely that UNHAPPY would be the one voted off the island if this was a TV show, but it’s not; it’s the reality of public employees fighting to keep their benefits, respect and dignity) and NO ONE works harder for the union and its members, even with the harassment she endures. It is you, not Wendy, that brings shame to the union. Do us all a favor and shut up and get out of SEIU 721. We don’t need you and we don’t want you, coward!

  13. With all due respect, if you were curious as to how Judge Phillips “…ruled on the other matters that were listed on the motion, the ones that mentioned me personally…,” perhaps you should have attended. I believe that you, as well as many who work for the county, know about the injustices that Ms. Thomas and many Union members have to endure. I have seen members in tears due to the treatment they receive from up above. You know very well that this is NOT about Ms. Thomas not getting her way, as Unhappy commented.

  14. Unhappy, first of all, YOU are the union, therefore, you should be ashamed of yourself. “The only black eye on the dept,” as you put it, are those who see what is going on and turn a blind eye! If Wendy’s allegations were a “…crock…lies…” as you put it, I doubt Judge Phillips would have granted the injunction.

    You are partially correct when you say, “Guess the outcome of this is if you don’t get what u want take it to ur union…” However, you need to substitute your “want” to more appropriately, “have a right to!”

    Secondly, you say, “…slander everyone that u possibly can until u get ur way..” seems to me that you are the one slandering!

    Last and interestingly, you say, “If the rest of us she is supposedly representing had a say, she would have been voted off of the island a long time ago!” Guess what, Unhappy, you do have a say and Wendy keeps getting voted on the island!!!

    Unhappy, thanks for “wasting everyone’s time!” “Don’t use the rest of us members as pawns in ur little game.”

    Keep strong Wendy!

    United We Stand

  15. Umm… Ok Jannie doe, I’ll bite…bitter and jealous of what? I find it insulting that you even think I’d swim in the same pond as Wendy, let alone be jealous of her! I’m ashamed that she actually works for the same department. To me, she is the equivalent of every despicable person that injures themselves on purpose in order to claim worker’s comp. and milk the system for all it’s worth! Well right now, she has a giant COW named Riverside and she is trying to milk it for every last drop! Thank you SEIU for supplying her with the milk jug!

    I find great pride and honor in being an honest, upstanding employee, I am proud of my department AND the people I work for. I can’t say the same about her OR the union. I actually work very hard in my job and believe that promotions are EARNED- not handed to me on a platter because I decided to whine and snivel my way into a position of choice. This all came about because she didn’t want to be transferred out of the position that she liked. Guess what…it wasn’t a permanent position! It was a rotating position. Count your lucky stars that you were there as long as you were! Get over it!

    I’m Unhappy with my UNION…not UNHAPPY with my JOB. Why should I retire? What does being ASHAMED of my union have to do with me retiring?
    You asked “Perhaps I could have done a better job?” With what? Please tell! I would have never gone to my union about petty a$$ complaints that have NOTHING to do with being a union rep and EVERYTHING to do with competence in the job. This has NOTHING to do with what she was doing for the union and EVERYTHING to do with her trying to find a way to work the system. Hmmm let’s see, if I don’t get the position I want, I’ll just say they passed over me because I am a Union Rep. and sue the county. Yeah…that’s the ticket. Sorry, not buying it!

    Wendy has always been ALL about WENDY, she never would have done anything she claims to have done unless it somehow benefited her…her and her “Recognize ME! Recognize ME!” attitude. Well Wendy, you got what you wanted… I recognize you. I officially recognize you for the SELFISH, SELF SERVING, PRETENTIOUS person you are.
    There may be a “WE” in Wendy, but she sure as hell doesn’t represent “US”.

  16. It is interesting to read how some seem to not grasp the basic issue at hand. This issue is what allows those of different opinions to express themselves. People fought and died to protect this freedom. It is called the First Amendment. You may not like the outcome but how involved were you in the process or like most did you view it from afar or just read about it? Did you bother to show up at the court house to see and hear first hand the ruling handed down? I was there. I heard the county getting spanked for over reaching their bounds. They do not have the right to trample on anyone’s protected freedoms.
    If your on the BOS or in management you may feel differently but nobody said or suggested that a brain trust was present. It was all about fairness. I can not really believe that anyone is willing to give up that right, that freedom.
    If you are, I hear Libya is lovely this time of year.

  17. You are correct in the fact I filed my comment on another website…AFTER I tried posting on THIS one and saw that they don’t automatically post comments- that comments have to be “approved”. I cut and pasted this comment onto the blog that DOESN’T screen and potentially omit comments.
    and “harassment she endures”??? Oh please.
    Oh my, I’m not wanted …how will I ever go on? My life will never be complete….
    NOT!

  18. Tsk, tsk, Unhappy. Your slip is showing. Who said you were invited to swim in the same pond as Wendy? Hmmm, have you injured yourself on purpose and denied worker’s comp? Are you ashamed that she works for the same department because Wendy out-performs you? Just asking!

    Are you upset because you are an honest and upstanding employee but don’t get any recognition? Are you whining and sniveling to a positon of choice now by making these comments? Just as*-kis*ing…opps…I mean just asking!

    Unhappy is all about Unhappy right now and milking it for all Unhappy can! Why are you doing this now? Isn’t it to benefit you? Just asking!

    The “We” in Wendy, actually does represent “US.” Thank you Unhappy for pointing that out. Maybe if Unhappy did something for others and took the “UN” out of Unhappy, instead of UNdermining others, Unhappy would be less jealous.

    If I had a union as strong as SEIU and my employer took away my rights, I would milk it for all it’s worth!!!

  19. Dear Unhappy: you say you “cut and pasted this comment onto the blog that DOESN’T screen and potentially omit comments.” But maybe they potentially DO omit comments.

  20. Bring it on UNHAPPY! What have you been fighting for? Or have you been sitting on your back side, because you haven’t been fighting for your own, with your pride and honor system?

    Wendy stood up to the plate and you are distressed because she gets acknowledged for a job well done. Shame on you. You’re proud of your department, minus Wendy? Since you work in the same department I would suggest that you UNHAPPY, ask for a transfer. It sounds like you have a personal vendetta against Wendy and it is apparent (BTW you are swimming in the same pond). Would you like some cheese with that whine? It sounds like you are trying to impress someone (brown nosing) in your replies.

    Who are you trying to impress UNHAPPY, yourself? Are you seeking a promotional opportunity on the backside of the Union’s accomplishments thus far? FYI – the county doesn’t honor the brown nose system. For some chosen few, promotions are earned, and for others promotions are created. In particular if you’re BFFs with someone in a position to promote. Talking about working the system….

    By chance are you related to the BOS? Because that is the only way you are going to get superior treatment in Riverside County. Work that! I am ashamed that you work for the county and are a union member. Again, you sound like a very bitter person. Is this venue your attempt to work the system (Union, County…) on your behalf, right now?

    Why retire? Because the UNION is Riverside County you don’t have one without the other. I, I, I, I, I sounds like you are reaching for recognition in a roundabout ostentatious way. What happened to make you so UNHAPPY, UNHAPPY? Did you get yet another “false promise” for a promotion? With all of your brown nosing, and our girl Wendy got that spot? Was it always tomorrow for you and you replied, OK? Keep patting yourself on the back. SHUT UP! Close those lips.

    If you are not going to the union with $ issues then you are right where the County wants you. Cha Ching! Don’t mess with the good ole boys. It sounds like they have you brainwashed. Have you started paying for your own retirement yet, since you are such a shut up and take kinda gal? Go for it! Can you pay mine too?

    Let’s make this official you are being recognized as an IDIOT! As mentioned to you in my first response “If you are so UNHAPPY bounce” – Bye, bye, it’s been real. See ya!

    United we stand divided we fall! Don’t lets those mambas take away our fundamental rights. United we stand divided we fall (except for UNHAPPY).

    POWER TO THE PEOPLE!!!

  21. After reading Barbara Oliviers comment at the SEIU blog on the “Witness bargaining Eye Opener”, dated June 23rd. I had to comment:

    Your managers may have given a 10% furlough but they are ALL going to get it back in 2012. So tell it like it really is Barb! Stop blaming the union (tax payers) for Wall Streets political hidden agenda (collapse). Oops did I say that out loud? There it is in a nutshell.Your board is committed to saving their own on the backs of the tax payers. Remember without the workers bees there wouldn’t be ANY (budget), honey. Hence, you wouldn’t have a job.

    Being less then truthful, at this time of crisis, brought on by the BOS, you, and yours, by way of a cover up is a travesty of justice. Cut the services and reduce the workforce then what? Give yourself another bonus for a job well done! Get over yourself!

    I agree with you TOORAW “Wendy for Sherriff”. Hey I heard they have “gonads” on sale at ”WINKOS” two-for-one. Shall I pick up several pairs for all of those minions?

    Don’t take any wooden nickels Bargaining Team! Keep up the good work.

    POWER TO THE PEOPLE!

  22. The title should not read “Federal Judge Rules to Protect Union Leader’s Constitutional Rights” , it should read “Federal Judge Rules to Protect the American Worker’s Constitutional Rights”

    For years it has become worse for the middle class and the American worker. Government has come to a point where the politician is only thinking about themselves. Threaten to take away their pay for not doing their job, lo and behold, they pass a budget on time. Start calling them to the carpet on their wrong doings, they start making excuses and blame someone else. Not all politicians are corrupt, however those who are, should be exposed. The Board of Supervisors need to step back and truly examine who they have working in the day to day operations of things and who they associate themselves with sitting on the Board next to them and the favors they provide others on their commissions. # Yep, like when you give those special fee breaks to those special friends in development,wink,wink #

    They need to quit believing everything they are told, by those closest to them. You know, the ones who kiss your hiney, and tell you what a great job you are doing, and ask “Can I have a raise now?” I mean now we have a Board member suggesting, that we create a new state? #Puff,puff pass Mr. Stone. Guess you didn’t inhale either,uh?# Please…Talk about crack pot politics!

    If county bosses think they can just press their thumbs down on a worker, just because they are a boss. Wrong! I don’t work for the county, however I do live and vote here in the county. Hey Board of Supervisors, get busy, do your job, do what’s right. And for those who are in the upper management, who think they can do what ever they want to a worker, just because…. I’m sure the county is pretty top heavy and we should shed some fat, guess I should point that out to the board as well.

    As for SEIU and Wendy, THANKS FOR STANDING UP FOR THE RIGHTS OF AMERICAN WORKERS!!!

  23. Congratulations to Wendy. When you go through hardship and decide not to surrender, that is strength.

    I want to put a shout out to Riverside County members to show up for the meeting on Thursday. We need you there. Be strong, show up.

    Also, I encourage everyone to start getting your union bumper stickers,

    “The future of America is the future of labor”.

  24. Congratulations!

    Wendy, I see your accomplishments as paying-it-forward. To pay-it-forward is a great way to live. Quite simply, it means you first help others as you can with what they need, and you trust that you will be helped as well whenever you need help.

    We, put our trust in the County by paying-it forward with our furloughs (good faith). It would be prodigious if the County had the same sensitivity, and paid-it-forward (good faith).

    It is an honor to be on your team. Stand proud and keep the faith!

    Respectfully,
    Bargaining Team Member

    United We Stand!

  25. Hey MARLKEY it sounds like YOU, JUDY and UNHAPPY are all sleeping in the same bed. The free ride has ended. Its accountability time or bust “Goodfellas”. The ORGY is over.

    This is your ONLY forum for free rides with publicity “you cowards”.
    Why don’t you all take a long look in the mirror together, better yet have a party while you still have a job, furloughs returned (in 2012), retirement, post retirement medical contributions of $256/month, the county contributes $50 per pay period toward a choice of not one but two 401(a) plans, annual leave (Bi-weekly)9 or more years equals 12 hours, with a maximum annual leave accumulation: No more than 1440 hours. Employee may receive pay in lieu of up to 80 hours per calendar year (Department head may approve ADDITIONAL 80 hours), long term disability, generous health care packages, plus incentive bonuses…

    What a thankless crew you are and the nerve to throw stones at Wendy. (Listen up community and ALL UNION members?).

    I agree with “1015” totally, “Stand-by Malarkey (and co-partners in crime), this is going to be a fun summer!!!” close those lips. There should be a new Sheriff in town, along with BOS not to mention those HR (cult) minions.Oh my, did I forget to mention the infinite transparent nepotism?

    Not to point out the icing on the cake, a “TRADE-COAT” Mac Daddy himself, the Chef Negotiator for the county “McArthur” representing all of the above. This has been going on for way too long.

    No more passive aggressive worker bees (TAX PAYERS) here. It’s time to stand up for our FUNDAMENTAL RIGHTS!

    United We Stand!

  26. Do you mean “Turncoat” as in backstabber…one who betrays a trust or an allegiance? The county must be real desperate to bring on a thug who operates like that. I am retired from the county after 30 years and if this is the case you have my vote. Say when and where? I have read enough. Let’s put together positive solutions that will unit all working people and the community to see who the real enemy is. I will bring your brothers and sisters in unity with me, the Teamsters.

  27. I have read the comments from Malarkey and the reply/s she has gotten. But lets look at what she has said: “First of all I do not think….” maybe that sums up the issue or she is in management. To be fair she did continue for some innocuous reason about a new sheriff though that may not be a bad idea. Actually Malarkey that is an excellent idea. See she isn’t at all against change since she brought up the matter.
    But she did say “it is a complete waste of tax payer dollars” refering to managements idiotic overeaching their authority. Again Malarkey is right. Management at least the executive management by their actions did cause a waste of tax payer dollars. Thank you for pointing out how management will try to step on those they manage and if those people or persons stand up for their rights the cost factor associated with it.. YEAH MANAGEMENT (yes that was very factitious).