The Electronic Newsletter of the California Federation of Interpreters
CFI - A Statewide, Interpreter-Run Union

Where Your Dues Go and Who’s Working for You

CFI currently has four union representatives (three full time and one part time) to handle labor relations for the statewide court interpreter unit that is made up of four regional bargaining units. Staff representatives work with and support the important stewards network in each county (see website for list of stewards in your region).

• Mary Lou Aranguren is a full time staff representative covering statewide projects and representation needs in all Regions.

• Silvia Barden holds the statewide title of CFI President/Interpreter Unit Chair, she is also Vice President of our Local. For several years she has been on organizational leave from her full time position with the Los Angeles Court to do Union work. In addition to working as a Union representative she is closely involved in statewide projects like legislation, political work and managing organizational needs.

• Fanny Suarez is CFI Northern Ca Vice President and is also on organizational leave from her interpreter position in San Francisco to serve as a Union representative. Fanny covers representation in Region 2 and assists on statewide issues like certification, legislation and community building. She is currently appointed as a special consultant to the Court Interpreter Advisory Panel on certification and testing issues and she teaches in the certification program at San Francisco State University.

• Wendy Mejia is a full time staff representative covering several newspaper units within the local and has been a great asset working part time representing interpreters in Region 3.

• Your union reps are involved in many contract enforcement issues and individual interpreter grievances around the state (see regional updates in the following pages). We consult and work regularly with several labor attorneys at high caliber firms that work for the local and international union handling arbitrations and unfair labor practice charges. Our Executive Officer, Doug Cuthbertson, brings years of experience and hands on help in all aspects of representation and bargaining. We also currently have a contract lobbyist assisting with legislative and budget issues in Sacramento.

Currently, we are also preparing for the 2008 contract negotiations in all four regions. See our website for the Notice of Bargaining Committee Nominations.

In addition to all of the above, CFI’s statewide professional division and governing board mem-bers contribute in countless ways. They bring the perspective of the members in their respective regions when making decisions regarding the official position of CFI on issues such as testing and legislative and political strategy. Many board members wear several hats as stewards, mobilizers and conference organizers. CFI staff, stewards and board members stay informed and advocate for the profession and individual interpreters on issues such as testing, standards, ethics, recruiting, and training, among others.

And last but not least -- an active and supportive membership is the foundation of any successful union. Your dues support all these activities and the people who carry them out on your behalf. Thanks to the many members who are involved and supportive- you are what keeps our Union strong. Please see the updates below for more detailed information on the Union’s work on your behalf in each region.

REGION 1 - Los Angeles and Santa Barbara

We have a series of grievances in Region 1 from before and after the strike. The Court administration has been unwilling to settle several matters even where the contract is clear and there is little question that we will prevail. Unfortunately, we are dealing with the same attitude that forced us out on strike and as a result, a large number of grievances are headed to arbitration. Grievances are pending over transfers from A to F status and maintenance of seniority, staffing and hiring issues post strike, release of our stewards to process grievances. and improper dues collection for F status interpreters.

Two very serious Court actions are being challenged by the Union as retaliatory. First, effective the first week of January the Court terminated Silvia Barden’s organizational leave and forced her to return to work in her A status position, thus punishing one of our leaders and interfering with our work on behalf of interpreters. Our challenge is pending. Second, the Court attempted to fire bargaining committee and strike committee member Alex Abella for strike related activity. Last week the Court notified us it has reconsidered it’s decision to fire Abella. These actions appear to be part of the Court’s ongoing effort to break your Union.

Despite the odds, a number of grievances have been resolved, including an important correction of a pension issue that restored pension benefits to a dozen interpreters who had not received the correct contributions. Kudos to Julie Drucker who stayed on the case for more than a year to get that done. We also succeeded recently through an informal process in getting more even-handed and appropriate treatment from coordination staff for interpreters dealing with sick leave policies.

Steward System Expanding

We are restructuring our steward system in Los Angeles in order to strengthen and expand our network of stewards. Over the past three years, our chief stewards, Karen Stevens and Julie Drucker, have done an incredible job centrally managing issues county wide and have been an invaluable resource to interpreters, taking on problems and finding the fastest resolution whenever possible. They have literally resolved hundreds of issues, big and small. However, management has made this difficult by denying us the needed time off for them to process grievances as provided in the contract.

The upshot is that we have decided our needs will be better met by activating more stewards to meet the needs of the 400 plus members who work in over 30 locations in Los Angeles. Over the next several months we will be moving from a centralized structure to a county wide structure with more stewards processing grievances and meeting with management. Lead stewards are being appointed from our existing network to cover courts by districts and they will work with other stewards who cover their individual courts. Julie Drucker and Karen Stevens will no longer handle member grievances and complaints directly, and will be moving into a new role sharing their knowledge and experience by training, mentoring and consulting with lead stewards.

Stay tuned for more info regarding the new steward network and look for info on our website soon about how to access a steward if you need assistance from the Union.

Union Assists Members With Pension Buy Back Issue

In response to inquiries from several members, CFI has asked a Union attorney with expertise in pension plans to render an opinion on whether or not interpreters would prevail if they tried to establish through legal channels that the years they worked as independent contractors should be considered for service credit by LACERA because they were de facto employees of the court. After reviewing materials furnished by our members, the attorney concluded that interpreters in LA may have a viable claim. The attorney, working with several interpreters who will serve as a test group, has begun the first phase of this process. If it is decided that, prior to July 1, 2003, interpreters were de facto employees of the court rather than independent contractors, they would be eligible to purchase those years of service credit from LACERA, thus increasing the amount of their pension. Interpreters would have to provide some form of proof of their income from the court, so we suggest that interpreters save their records of work prior to 2003. The Union is committed to seeing this effort through in the hope that our members will be able to receive the maximum benefit from a retirement plan they were denied access to for so long. If this test case is successful it may be applicable in other parts of the state.

EEOC Charge Moves Ahead

Our discrimination case before the EEOC on behalf of LA Superior Court interpreters is progressing. The EEOC processed our complaint and it has passed the first hurdle in that it has not been dismissed as lacking merit. An investigator has been assigned to the matter and it is being processed. A mediation session has been scheduled for early March. If the matter is not settled at the EEOC level, the next step is a lawsuit against the Court for discriminatory treatment of interpreters.

REGION 2 - San Francisco Bay Area

Fanny Suarez has been handling representation and bargaining needs in Region 2 for the past year. In addition to consulting with stewards on day-to-day issues that come up for interpreters such as assignments, benefit and pay issues, CFI has resolved numerous grievances favorably for interpreters since Fanny’s arrival on the scene. In addition to assisting interpreters in several disciplinary and medical accommodation matters, Fanny has been able to take on some big issues that needed to be addressed including filing and resolving several grievances related to cross assignments. While some are still in progress, we have secured back pay awards for employees who were not getting priority for assignments as required in the MOU. The grievances have also led to a regional meeting with the Union in February to work out problems with the cross assignment procedures. Also due to the Union’s advocacy, employees are now interpreting for witnesses in Contra Costa County for the first time instead of having this work contracted out.

The use of non-certified interpreters throughout Region 2 continues to be a serious problem with some courts still failing to follow diligent search and good cause procedures. CFI is committed to working with certified contractors who are available but not getting work, and we note that the following courts use non-certified Spanish interpreters daily: Contra Costa, Sonoma, San Mateo, Santa Clara, Monterey. Please encourage certified interpreters who want to work in these courts to contact us about this issue.

An arbitration award related to employee priority for work during the first two years of employment is also finally being settled, with over $100,000 in back pay being paid by the Courts in Region 2 to interpreters who submitted valid claims after we won the arbitration establishing that the Courts were violating the law in their hiring practices.

REGION 3 - Central Valley (Kern North to Oregon Border)

The Union has won or favorably settled nearly every grievance filed in Region 3. Most notably, the enforcement of our work hours language in Region 3 has been very successful. After filing multiple grievances to enforce the work release provisions of the contract (in Fresno, Merced, Kings, and Sutter) and handling the issue informally in other counties, the Union was able to settle the issue and interpreters in Region 3 are now enjoying the benefit of the favorable work hours negotiated by the Union. The issue was arbitrated in Sutter County and the Union won the case, affirming that the contract language was intended to guarantee a full day’s pay but release interpreters when the Court’s needs are fully met for the day. Defending and keeping this language in our upcoming contract negotiations will require determination, resolve and unity by Region 3 interpreters.

We also won an important contract interpretation arbitration in Region 3 establishing that interpreters who were employees before the contract was ratified may transfer employment to another county without serving a probationary period. The case resulted in a back pay award for the Madera interpreter who brought the challenge. The Union also won its challenge of the grossly unjust discharge of a Fresno interpreter who will be reinstated to her full time position with full back pay. We are in the process of challenging the discharge of an interpreter in Placer County. Union steward Brandon Scovill has been particularly active in improving conditions and building unity and good management communications in Fresno. Ofelia Cuenca represents the Region on the board. Finally numerous pay, benefit and assignment issues have been resolved to the benefit of interpreters in Sacramento and other counties with the help of union representative Wendy Mejia.

REGION 4 - Orange County, San Bernardino, Riverside, San Diego & Imperial

Region 4 has been plagued with problems that are difficult to resolve under our current contract language. One such problem, particularly in some San Bernardino and San Diego court locations is the Court’s failure to provide adequate waiting areas/office space for employees. Unfortunately, under the current contract language we lost an arbitration about work space in San Bernardino. Another problem that impacts our ability to stand up for fairness is the lack of seniority rights related to assignments in the Region 4 contract.

Despite these challenges, CFI stewards in Region 4 have worked diligently to monitor issues and advocate on behalf of employees. In Orange County the Court has implemented an intern program without proper notice or negotiation with the Union as required in the contract. The Court is using non-certified interns in court proceedings and the Union is grieving the issue. The Union has filed grievances over the use of non-certified Spanish interpreters in other settings as well . The San Bernardino court has refused to process several grievances as required under the contract, and challenges are pending on these issues. We also have a hearing at the end of February at the Public Employment Relations Board on the disparate treatment of intermittent employees as compared to contractors in San Diego with regard to work hours. A grievance on employee priority for work in San Diego is also pending.

One success, resolved informally by Orange County steward Esther Poblet and other employees after lengthy and determined advocacy, has been the improvement of conditions in a video conferencing set up. OC Stewards Juan Ramirez and Jinah Lee have also become especially adept and creative in advocating for individual members with grievances or complaints. San Diego stewards Diana Busk and Judy Stolow, and San Bernardino steward Maria Benitez, have been doing a great job taking care of members’ needs and keeping the Union informed as problems arise. Former CFI stewards Antonio Lopez (San Bernardino) and Patricia Bianchi (Riverside) have left their positions as employees. We thank them for their dedication and great work on behalf of interpreters and in support of CFI’s goals.

We are in need of volunteers to serve as stewards in Riverside and San Bernardino. If interested, email us at cfi@mediaworkers.org.

Performance Evaluation Process Negotiated

Just like other employees, interpreters are subject to performance evaluations and the Courts view the process as an important way to enhance communications and improve job performance. The Region 4 courts proposed more than a year ago to start performance evaluations of interpreters. Fortunately our contract includes a clear requirement that the Region negotiate over any performance evaluation process before any Court could begin evaluations. Region 4 administrators, Union representatives and a committee of members met to negotiate on this matter four times over the past year and an agreement was reached on February 4, 2008 after lengthy negotiations.

The Union committee worked hard to modify the process and criteria and our negotiations were productive. After considerable insistence, discussion and persuasion by the Union committee, court administrators recognized that our skills and expertise in a foreign language cannot be evaluated by our supervisors. They also accepted our arguments against criteria that do not match the work we do, such as “customer satisfaction,” (an example of a criteria we rejected as inappropriate). The end result is a reasonable and appropriate process.

Under the agreement, evaluations of regular employees will be done once a year by supervisors. Due to the nature of our work, our interpreting skills will not be evaluated. Evaluations will be on professional demeanor, responsibility, adaptability and work habits. It was explicitly agreed and repeated that evaluations will not affect our salary step increases in any way. Interpreters and the Union will be notified by the court three months before the evaluation process begins, and interpreters will be provided with a copy of the rating factors and an explanation of the process in advance.

Special Challenges in Region 4

Hopefully the performance evaluation negotiations signal a positive turn in our labor relations with the Region 4 Courts. However, this Region generally has shown a strong anti-union bias and has been uncooperative with the Union at every level. The lack of appreciation for the skills, expertise and experience of interpreters statewide is magnified here and felt by interpreters on daily basis. An added challenge is that a faction of interpreters here is vocally anti-Union. These conditions make it very challenging for the Union to represent you. As bargaining approaches, we urge all Region 4 interpreters to consider the importance of rallying together and supporting the effort, as a unified group, to improve your compensation, benefits and other conditions. One thing we all agree on is that the Region 4 contract needs improvement, and we are committed to working with Region 4 interpreters to make it happen.

We invite all Region 4 interpreters to become members and attend the Region 4 General Membership Meeting and seminar on February 23, 2008 in Orange County. See website www.cfinews.org for more info on continuing education workshops and this meeting. No time like the present to start preparing and mobilizing for negotiations.

ALL REGIONS - Here We Go Again, Back to Bargaining

After two years of stonewalling from the Region 1 Courts, and difficult reopeners in Region 2, it is hard to imagine real, good faith bargaining is possible. Yet we have the obligation to go to the table with an open mind and be prepared to bargain in good faith- and that is what we will do. The LA Court’s only excuse last year for rejecting steps was that the full contract was not open. Well that (false) argument is not available this year. The full contract is open and you showed them last year how important the issue is.

The scenario hasn’t changed and it is applicable statewide. Interpreters deserve a career path marked by salary growth, and state court salaries are way below market for the skills and knowledge you provide the court every day. The Courts statewide have a chronic shortage of skilled interpreters, and the need for our expertise continues to grow. That puts us in a good position to bargain despite the state budget situation. The true value of bargaining is the opportunity to go to the table every time and make some progress - so buckle your seat belts and here we go!

Bargaining Timelines by Region

We will elect new bargaining committees in each Region before our contracts expire.

See website for Bargaining Comitee Nominations Notice.

Stay tuned for info on nominations and elections. Please keep in mind that to participate in these elections you must be a full member of CFI. If you are not sure about your membership status, you can email us at cfi@mediaworkers.org, and put the words “member status verification” in the subject line. The timeline for bargaining is as follows:

Regions 2 & 3
Contracts expire September 30, 2008. Bargaining begins approximately July 2008.

Region 1
Contract expires June 30, 2008. Bargaining begins approximately April 2008.

Region 4
Contract expires August 31, 2008. Bargaining begins approximately June 2008.