Senate bill 371 passed 5-1 in the Assembly Labor & Employment Committee on June 26, 2002, putting California court interpreters one step closer to contract negotiations as a united group.

Citing her own experience as a new lawyer working for the Los Angeles Court as a non-unionized law clerk, Senator Escutia, the bill's author, spoke about the importance of creating good jobs, with job protections and good working conditions for interpreters, "California needs a more functional and reliable system to provide interpreter services in the face of steadily growing demand. We also need to provide basic protections and rights to workers who have provided long-term service to the courts. This means making a long-term commitment to developing a top-quality interpreter services program in the courts."

A coalition of interpreter, community, legal, labor and immigrant rights groups registered support for the bill and testified in favor along with court interpreters who shared experiences of arbitrary treatment and health and safety risks that interpreters face in the courts.

The California Court Interpreters Association (CCIA) spoke against the bill, sparking a debate over the bill's limits on the use of independent contractors. The four interpreters who testified in opposition to the bill would all qualify to opt out of employment and continue working as independent contractors. These interpreters appeared to misunderstand this provision as well as the bill's provision for interpreters to continue working on a per diem basis as employees rather than contractors.

Assembly Member Carole Migden (D-SF) asked why interpreters with other jobs or who freelance outside the courts could not continue to work as per diem employees. Scott Kronland, the attorney who drafted the bill, said the bill already provides for that, and Migden asked that language be added clarifying this option. Senator Escutia agreed to make the clarification.

Assembly Member Judy Chu noted that, in her own experience, the system in community colleges that combines part-time and full time faculty works well and is similar to what SB 371 is proposing.

The Judicial Council (JC) supports the overall concept of an employment system for court interpreters and regional bargaining, but citing operational concerns, the JC wants more use of independent contractors, elimination of the bill's grandfathering provisions, and much smaller regions. The JC's proposals are aimed generally at limiting the number of employees and diminishing our strength. BACI/CFI are considering further amendments to the bill to address the courts' concerns provided they do not undermine interpreters' collective leverage for contract negotiations.

What's in the Amended Bill? SB 371 gives interpreters the legal standing to organize and engage in contract negotiations as a group. We will be eligible to elect a representative for negotiations as soon as we become employees. The bill provides for all interpreters to continue working on a per diem basis and prohibits any reduction in pay for the transition period as employer-employee relations get underway.

The bill also includes grandfathering clauses to recognize the standing of interpreters who have provided long-term service to the courts and gives interpreters basic workplace protections and rights, including disability and workers compensation coverage and the end of self-employment taxes for work performed in the courts.

SB 371 proposes a regional bargaining system. This benefits interpreters as it will allow interpreters to join together in large, interpreter-only bargaining units to negotiate uniform standards and conditions in a strong, united group. In a master contract, interpreters can negotiate for benefit accrual based on an interpreter's work in all trial courts. The courts want the ability to assign interpreters working under a regional contract to different courts in the region as a way to expand the use of certified and registered interpreters. The bill allows interpreters to negotiate limits and terms and conditions of such cross assignments.

SB 371 limits the courts' use of independent contractors, but allows court interpreters near retirement the opportunity to opt out of conversion to employee status. The bill maintains the ability of court interpreters to continue working on a per diem basis as employees rather than contractors.

In a May 31, 2002 meeting in Sacramento, legislative staff to Senators Burton and Escutia, as well as the attorney who drafted the bill, explained to CCIA's representative that limiting the use of independent contractors is necessary to prevent employers from undermining negotiations and leverage in collective bargaining. This is a widely accepted approach to ensuring fair treatment and good conditions for a group.

The bill's full text is available on line at: www.leginfo.ca.gov. More information with details about what's in the bill and how the transition to employment is proposed to work are available by emailing baci@mediaworkers.org or info@cfinews.org.