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Members Win Ruling, Judge Finds Riverside County’s 2009 Imposition Illegal

SEIU 721 won an Unfair Labor Practice charge against Riverside County, July 15, 2011, when Administrative Law Judge Thomas Allen ruled that the county’s “conduct denied SEIU’s rights and interfered with the rights of unit members” by violating labor laws and regulations when it imposed terms and conditions of employment and declared impasse during negotiations in July 2009.
The judge’s decision orders the county to issue back pay plus interest to almost 250 employees who had anniversary dates from July 28-July 31 that were denied their step/merit increases on July 30, 2009 during the county’s illegal imposition. The county must also post notices of this violation at all work sites.
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“This is another victory for all workers as we continue to enforce our rights guaranteed by law. By their response, it shows that county management would rather waste taxpayers money by fighting the judge’s ruling than to fairly compensate workers for wages earned.”
 – Wendy Thomas, SEIU 721 Regional Vice President, 911 Communications Supervisor
The judge indicated that the evidence and testimony presented by SEIU was so overwhelming that he found it unnecessary to address the other issues of the county’s bad faith during bargaining, such as their failure to respond to valid information requests submitted by SEIU, since he was able to “conclude for other reasons that there was no genuine impasse.” He also found that county negotiators failed to follow their own impasse procedures as set forth in the County’s Employee Relations Resolution.
SEIU filed the Unfair Labor Practice complaint against Riverside County on Nov. 9, 2009 after discovering the county withheld step/merit increases from hundreds of employees prior to the start of the new MOU on August 1, 2009. Formal hearings were held in Pasadena from August to October 2010.
Within days of the July 15 ruling, the county’s outside legal counsel, The Zappia Law Firm, indicated they would fight the judge’s decision. The appeal process could take up to a year.
Coupled with the recent Federal Court ruling protecting member’s Constitutional freedoms, SEIU 721 members are winning in court against county negotiators that continue to violate the law, disrespect employee rights and refuse to bargain in good faith.

0 responses to “Members Win Ruling, Judge Finds Riverside County’s 2009 Imposition Illegal

  1. I was one of the 250 employees who got my step increase denied and additionally a 10% furlough.
    Thanks SEIU for fighting for us all the way!
    It’s a shame that the county prefers to waste tax payers money on EXPENSIVE lawyers than pay the employees their wages.
    Now the county is going to WASTE more tax payer’s money to appeal what they already lost. The Zappia Law Firm must be happy with our tax dollars.
    The county can appeal all they want, they are going to LOSE!!!! They are at fault.
    As pathetic this may sound, I would not be surprise that the county will lose the appeal and then they will want to appeal this to the Federal Supreme Court! What’s next? How much more pathetic they think they can go? Uh! Divide the State of California!

  2. The county should have to pay back all of us workers who furloughed the 10% in 2009-2010 since it was an illegal move. The legality of any “imposed contract” should always be questioned. The 250 people who were denied their step increase is a step forward, but it is a long way from what the county BOS needs to do in order to “make things right” within the county.

    They all know that they will not be winning their seats during the next election and if any of them do it will be a travesty.

    The county has strung us employees along long enough. It is time that they are told that what they are doing is wrong. However, is it too little too late?

    Kudos to the bargaining team in getting this far. Hopefully they can shine the light the BOS needs in order to see the error of their ways.

    I would be willing to give a little bit on the retirement thing. There are not too many companies out there who expect only 5 years of investment into a retirement account to be vested. However, those of us who have already signed on under this plan should be able to continue and the new hires should be hired under a modified plan (which would be another tier to the plan). At one time new hires never even paid a penny into retirement. These are some of the people who are now retiring and this is just now being realized?

    Well, good luck to the bargaining team. I think the nurses need to stay with SEIU to keep the BOS in line. Otherwise, their would be no SEIU.