CFI - Updates: Legislative

Senate Bill 371, the long-awaited bill that will grant California's court interpreters collective bargaining rights, is patiently waiting for its moment on the stage in Sacramento. Authored by Senator Martha Escutia (D - Montebello), SB 371 was introduced last legislative session and was passed by the Senate with skeletal language. While those advances shorten SB 371's path to passage this legislative session, we will soon need to amend SB 371 to incorporate detailed language on how SB 371 would be implemented.

Over two-thirds of the certified and registered interpreters working in the courts last year signed a petition in support of collective bargaining and an employment system. The state legislature did hear our message, and Senator Escutia stepped up to author our bill and has pledged to make interpreters a priority this session. However, the legislative process, as it should, gives all interested parties an opportunity to express their opinion on a piece of legislation.

Community organizations have come forward to say they believe this bill will provide increased access to the justice system for non-English speakers and have come out in support of the bill. The Los Angeles Courts have said they support SB 371, but they want the flexibility to hire independent contractors (who would have no bargaining rights, no grievance procedure, and no benefits). The California Court Interpreters Association's position, as well, is that the courts should retain the discretion to hire contractors whenever they want and employee status should be optional.

The Judicial Council, which currently sets the policies that govern interpreter pay and other aspects of our profession, has also put forward its proposals. (Please see "Breakthrough on Senate Bill 371" distributed on December 17, 2001 and available on the CFI and BACI web pages.) The Judicial Council proposal represents a basic acceptance of the tenet that an attractive, flexible employment system is our best option for both meeting the needs of interpreters and the courts. It does not, however, represent an agreement with BACI-CFI as to what SB 371 will do. We expect to have further discussions with the Judicial Council. As this process continues, interpreters will need to make their voices heard loud and clear in protest of some Judicial Council ideas that go against what interpreters want and which cannot be a part of SB 371.

1 - Interpreters who work less than full time deserve bargaining rights. Interpreters, whether we work full time, half time or less than half time, deserve to be granted the same rights and protections as full-time employees. We are not temporary workers. We have a long-term, ongoing relationship with the courts even if we are not in court every day.

2 - Many interpreters work for multiple court jurisdictions by choice and SB 371 is set up to accommodate this and let interpreters join together regionally to bargain contracts that will count all work in the state courts. But cross-county assigning by the courts must be a mandated subject for bargaining. The Judicial Council has proposed excluding that area from bargaining. Interpreters obviously must have the ability to negotiate the limits, terms and conditions of any interpreting work. This is a standard required bargaining issue and any attempt to avoid negotiating terms and conditions with interpreters is unacceptable.

3 - SB 371, as proposed, would extend bargaining units beyond local trial court jurisdictions, as opposed to other trial court employees who bargain on a court-by-court basis. From the beginning, court interpreters said it was essential that interpreters bargain together in the largest groupings possible in order to maximize our negotiating leverage and secure uniform conditions across the state.

BACI-CFI and Senator Escutia's staff have listened to and are considering the concerns of many and competing interests that have provided input on the bill. We are now working diligently to craft a bill that will respect all the stake holders in this process with an overarching concern that the employment system we create for court interpreters accomplish our primary goals:

A system that treats interpreters fairly, unites interpreters and puts us in a strong position for contract negotiations.

A system that serves court interpreters in the long term, creating a career path and high, uniform professional standards.

A system that increases access to certified and registered interpreters and improves equal access to justice in the California trial
courts.

SB 371 is a real opportunity for interpreters to become eligible for benefits and to build an employment system tailored to our needs and with greater control over our profession. If SB 371 fails this year, the Judicial Council and courts will still create a limited number of employee positions on their terms and will continue unilateral imposition of changes on independent contractors. The results would be a system that breaks interpreters up into small groups, possibly forced to conduct court-by-court bargaining in a
weakened position. This would be an unfortunate detour from the road to a united profession with self-determination and high standards and conditions across the state.

Interpreters have shown tremendous resolve and tenacity as we make our way through this long and winding road to bargaining rights.

Now is the time to prepare for action. We have five months to pass SB 371. Passing the best version of SB 371 possible will require each and every one of us to become an active participant in the process. We have a singular opportunity that calls for each of us to step forward and become a player on the stage of interpreter history.

December 17, 2001 --- PLEASE DISTRIBUTE ---
Report from California Federation of Interpreters - Bay Area Court Interpreters (TNG-CWA)

BREAKTHROUGH ON SENATE BILL 371
Judicial Council Proposal Represents Major Steps Toward CFI-BACI Proposal

Senate Bill 371, California interpreters’ collective bargaining bill, this week broke through stalled negotiations on the eve of the 2002 legislative session. Staff to Senator Martha Escutia, author of SB 371, this week informed BACI-CFI that the Judicial Council presented a proposal making substantive steps toward CFI-BACI'S goals for SB 371. The Judicial Council and CFI-BACI now agree in principle that the courts and interpreters will be better served through an attractive employment system that provides interpreters collective bargaining and responds to the unique needs of the courts and interpreters who provide these critical services.

In addition to Senator Escutia and her dedicated staff, the hundreds of interpreters who signed the petition, joined CFI-BACI, visited and wrote letters to their legislators, and talked with their colleagues about SB 371 and its importance to our profession deserve the credit for putting collective bargaining within our reach.

As you read through the highlights of the Judicial Council proposal, you will see that there are still hurdles to overcome. Remember that the Judicial Council proposal is simply that: A PROPOSAL. As we go into the final push for our legislation in this upcoming session, interpreters’ dedication and activism will play a key role in making SB 371 the best legislation possible to achieve our goals of a fair system for interpreters, improvement of our profession and equal access in the judicial system.

HIGHLIGHTS OF THE JUDICIAL COUNCIL PROPOSAL:

1- The primary means for providing access to certified and registered interpreters in the trial courts will be through full- and part-time employment. CFI-BACI envision the part-time employment option including variable, less-than-full-time positions (what we have called “per diem”), which are necessary to serve the court’s needs appropriately. Note: Don’t get hung up on the nomenclature. The important part is that interpreters working variable schedules that are less than full-time should also have bargaining rights.

2- All employees would need to be certified and registered. This was contained in CFI-BACI’s original proposal.

3- Interpreters could be hired as contractors under specified circumstances. CFI-BACI agree with the general concept, with the caveat that we must be careful to ensure that as many interpreters as possible have bargaining rights and the protections afforded by employee status. This will preserve bargaining power and fair treatment for interpreters.

4- While employment would be managed through the local trial court, interpreters would be able to join together in regional bargaining units to negotiate uniform contracts. The Administrative Office of the Courts would represent the various counties in bargaining with interpreters. The key is that we would not be forced into county court classifications and bargaining models, but rather we would negotiate conditions in an interpreters-only bargaining unit that stretches beyond the local trial court jurisdictions. Note: Our legislation would set up a model that differs from the Trial Court Employment Act (2140).

5- The Judicial Council also proposes that the same areas excluded from bargaining in 2140 be excluded from our bill. Note: The protections contained in 2140, such as firing only for just cause, and minimum standards for grievance procedures and other labor protections, would apply to our negotiations.

6- The Judicial Council proposes cross-county assigning and wants to exclude it from bargaining. Unless interpreters have the right to set limits on and negotiate over the terms and conditions of such assignments, any requirement to accept assignments outside of an interpreter’s employing county would be unacceptable. The Judicial Council has already been making moves to impose regional coordination on contract interpreters (see 2001-2002 state budget bill), and interpreters are seeking SB 371 precisely because we need the ability to negotiate on issues affecting our working conditions and compensation.

7- The Judicial Council proposal provides court interpreters benefits that would include health benefits and retirement, as well as disability insurance and workers’ compensation coverage. CFI-BACI understand this
to mean that full-time employees would be entitled to these benefits, and interpreters would have the opportunity to negotiate for some level of benefits for interpreters who work as employees in part-time arrangements.

SB 371 will be amended in the 2002 legislative session to include operative language and the bill will again start through committees. California interpreters are, for the first time ever, close to having the rights and protections we deserve. These rights will allow us to build an attractive career for professional interpreters in the courts and negotiate a fair contract that preserves our professional standards.

Let us know what you think of the latest developments! What are your reactions, questions, and concerns? Please print out this update, post it in your court, and give it to at least five colleagues. Email BACI at bacicwa@aol.com and CFI at info@cfinews.org or call us at (415) 421-6833 or (562) 944-1300 (and please be a little patient over the holidays!).

Now is the time to take our fate into our own hands. There are those who would spread fear and dissention, but with strength and resolve we can create a premier employment system for California interpreters that will benefit present and future interpreters, as well as the courts we serve. In January, we’ll be back on the road all over California to get more of your input on the legislation. Please call us if you would like to schedule a meeting for BACI-CFI to meet with the interpreters at your court.

SURVEY
We have received over 300 surveys, which is a great initial return, but we want to hear what even more interpreters think! Especially YOU, if you haven’t already sent in your survey. If you lost your survey (it happens …), email us at bacicwa@aol.com or call us at (415) 421-6833 or (562) 944-1300 and we’ll send you a new survey. Please do not remove your name label. We need to check that people are only sending in one survey. Your label page will be removed and separated from your survey before any tabulation to keep your replies confidential.

JOIN!
Your membership in CFI/BACI will give us the collective strength to pass SB 371 with the provisions that interpreters want. This is an opportunity to make a big difference in our profession and improve the quality of
our working lives. Go to our web sites at www.baci.org (Northern California) or www.cfinews.org (Southern California) or call the telephone numbers above. Also, talk with other BACI and CFI activists in the courthouses who have membership forms and additional information.