Statewide Update on the California Federation of Interpreters Strike

October 21, 2007

Return to Work

We were busy last week working on the logistics of the return to work. While full time employees returned to work without incident and were welcomed back by a court system that had sorely missed them, things did not go so smoothly for as-needed interpreters (called F status in LA). Interpreters who work on an as-needed/as-available basis did not receive assignments on Wed or Thurs morning. Some began receiving assignments for Thurs afternoon and Friday, and things appear to be normalizing for Monday.

The lack of assignments was unusual because we knew of many unfilled assignments around the county. Before the strike, there was virtually always work for Spanish interpreters on any day they were available. Interpreters in languages of lesser diffusion (LLD) also did not receive assignments right away and we are collecting information on this as well.

The court's delay in hiring people back was especially egregious because non-certified scabs and F-status scabs with less seniority than strikers were working on Wed, Thurs and Friday. This violates our contract and appears retaliatory. CFI will file a grievance on Monday over the failure to hire (F status) interpreters after the strike and we will seek back pay for those interpreters who should have been hired.

We are also tracking staffing levels and will be defending against a reduction in the workforce that the court has threatened based on "efficiencies" discovered during the strike. It looks to us like these "efficiencies" really mean reduced services to the public, and more wait time for judges and attorneys. In the long run the new "efficiencies" in interpreter use will yield inefficiencies and increased costs elsewhere, and less access to interpreters. We will work to expose that and ensure adequate services to all parties.

Strike Ends Without Concessions by Court

It was extremely difficult for strikers and the leadership to reach the decision to end the strike without immediate gains or a return to the bargaining table. This decision was made after six weeks on strike during which we learned that the LA Superior Court, the largest court system in the world, was willing to go to indefensible lengths and to let the entire court system and the public suffer serious impacts, just to break our strike. It became clear that the LA Superior court has a profound lack of appreciation, far beyond what we anticipated, for our work, our skills and our value within the judicial system.

Senator Gloria Romero held senate hearings on the impact of the strike and there can no longer be any doubt that the entire system was suffering severe difficulties. The District Attorney, City Attorney and Public Defender sent representatives. Private attorneys spoke as did the president elect of the Mexican American Bar Association. All concurred that the delays, disruptions and direct impact on cases were severe and would continue to be felt for many months. There was testimony about cases being plea bargained at reduced levels (both charges and sentences) in order to avoid dismissals. There was testimony about parents in juvenile court having no interpreters as their children's probation terms were imposed. There was testimony about a large number of cases being continued multiple times during the course of the strike and about the cost to non-English speakers and the prejudice to cases that this represents. There was testimony by City Attorney Rocky Delgadillo of a child molestation case and a domestic violence where hearings were delayed resulting in public safety issues.

Senator Romero convened a meeting with the court and the union in early October to explore solutions and the court stonewalled. She convened hearings and the court came reluctantly. In the face of the above testimony to the contrary, the court said all was working reasonably well with the workforce at approximately one quarter of the normal size (and about 40% of replacements being non-certified).

In the face of this complete intransigence, and in the interest of the public we serve, we determined that it was time to return to work. Clearly, this was not the way any of us wanted the strike to end. Interpreters came away knowing, however, that our fight for steps, for equal treatment, and for recognition of our work and professionalism was not over - not by a long shot. We determined that the battle must be fought another way. Many interpreters expressed great satisfaction that the impacts of the strike and the reasons for the strike are now being scrutinized by legislators, and that the court's irrational and irresponsible actions were exposed in the hearings.

After the Strike

Senator Romero is meeting this week with Chief Justice Ronald M. George and Senator Corbett, Chair of the Senate Judiciary Committee to discuss the strike and the information that came out at the hearings. Senators Romero and Eng have offered to carry legislation for us and many legislators were shocked and offended by the court's response to our strike and our reasonable demands for equal treatment. We will be pursuing legislative remedies and we will continue to investigate and bring to light the lack of respect that the LA court administration and bench officers have shown for the rights of the non-English speaking communities. There will be significant changes in policy direction as a result of the strike.

CFI has filed a discrimination claim with the EEOC on the basis of national origin. The complaint alleges that interpreters, because of who we are and the public we serve, are being discriminated against in our employment. This claim was filed based on the court's refusal to grant a salary schedule and career path for interpreters, as all other employees in the LA court system have, as well as the long-term unequal and less favorable treatment of interpreters that has characterized our relations over the past 20 years.

In the aftermath of the strike, we will continue to analyze what happened. There were those who did not agree with striking in the first place. There were those who wished fervently that we had stayed out longer and felt certain the court was about to concede. And there were those who strongly supported the strike but concluded that staying out longer would only have yielded greater sacrifice from interpreters who simply could not afford it. There is surely some merit to all these views. Unity does not necessarily mean unanimity. The remarkable thing, and a tribute to all involved, is that a very significant majority of interpreters holding a diversity of opinions stayed together throughout the strike.

From September 5 through October 16 2007, interpreters in Region 1 demonstrated for the first time in many years the ability to unite and stand together. There were voices of dissent and there was open debate and criticism, yet in the final analysis an overwhelming majority of employees stayed on strike and a strong majority of contractors chose to respect the picket lines. We transcended our differences and unique perspectives, understanding that we share a common interest in gaining recognition of our work, our professionalism and our worth. That solidarity is something that no one can take away from us and it is a powerful tool that we will use to shape our future together. It manifested itself at our rallies, on the picket lines, and in a remarkable atmosphere of support, respect and love of our profession that we experienced among strikers and from interpreters statewide during the strike. The strength of interpreters' resolve in Region 1 is not lost. It will be remembered by the courts statewide and respected, and it will form the foundation of future achievements.

We have an opportunity now to nurture that unity by working together in all parts of the state to continue our efforts to create a career path and improve working conditions, to maintain high certification standards in the face of plans to overhaul the system, and to address the abuse of the good cause clause and the use of non-certified interpreters. All of these goals have a common theme: for our work, our profession, and our services to be understood, valued and respected. It will take all interpreters to achieve this, and CFI will continue to work toward these goals. We have faced many challenges and our achievements have never come easily, yet we have never stopped moving forward.

To all Region 1 interpreters, you have earned the respect and gratitude of interpreters statewide. We will go on to fight another day- and we will win.

In solidarity,
Mary Lou