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REGION 4 BARGAINING UPDATE
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THE ISSUES

JULY 24, 2005

Your bargaining committee attended its last scheduled bargaining session in Riverside yesterday with every intention of bringing you, our members and colleagues, the first labor contract negotiated between interpreters and the courts in Region 4.  In spite of our best efforts, which included a long caucus afternoon and evening the day before, extensive conversations with the CEO of our local, Doug Cuthbertson, and intense research and preparation, we are extremely disappointed because our best intentions were not well received by management. 

In fact, quite the opposite happened.

Most of your contract has already been drafted.  We have tentatively agreed on, among other items, language that outlines both parties duties and responsibilities, employee rights and protections, the process by which disputes will be resolved, the hiring of new employees, seniority going back to the day members were engaged by the court as certified interpreters for employees hired prior to July 1st, 2004, initial offers of positions by seniority, health and retirement benefits, holiday pay, the different types of leaves the court will be offering, language about professional status and development, the limited use of independent contractors, a layoff procedure and a labor/management committee where interpreting issues can be addressed.

“The” issue, as you have probably imagined by now, is money. 

Our very first marathon session ended when the courts insisted they have no more money.  This took place in the early hours of July 1st, and our committee was pretty unanimous in holding out for a raise – which we did.  During the following sessions, the Region did work very hard at putting together an offer to replace the raise by proposing a step system.  Said system would recognize the commitment interpreters made to the courts by advancing them one step after completing a full year of work.  However, the first step would be below the current pay rate of $265 and current employees would start at the second step, receiving their current pay plus benefits.  The Region insisted that this lower step for new employees was necessary to fund the increases. 

fYour committee spent a lot of time discussing said proposal.  It was the only proposal of its kind statewide but it came at a cost: no raise this year and no re-opener for a raise for the next three years.  We did not like the lower step but also felt it was a priority to get an increase for interpreters who have worked for two years as employees with no benefits.  We agreed to entertain this notion in exchange for a 3% separation between steps and 5 days of paid vacation in the books for all interpreters upon ratification.  Under our plan, an interpreter would start out with no actual raise in pay but an equivalent 2% in vacation pay out of the gate and a step increase of 3% after a year’s worth of work.   

It took the Region a couple of sessions to answer our proposal, and in order to secure this system they asked your committee to give on a few items still outstanding.  Still uncertain as to how this whole step system would work out, the guarantee of 3% increases per year worked over the next three years motivated your team to quickly resolve some of the pending issues.   

But Management had a couple of tricks up their sleeve. 

  • Vacation accrual would have to start from scratch.  Interpreters would accrue vacation as brand new employees – not even CIPT time would be recognized.  And the 5 days holiday pay would apply to every full-time interpreter in Region 4 with the exception of San Diego, due to the fact that San Diego has a higher accrual rate.The term of the contract would be 3 years and 3 months – with an expiration date of 9/30/08.  We wanted our contract in Region 4 to expire at the same time as the one in Region 1 (7/1/08)
  • The step proposal was contingent on doing away with the 4-hour or session guarantee that we have always had as interpreters.  In other words, the Region intended to do away with paying for a session (morning, afternoon or night).  This was never discussed during our negotiations.  The Region completely misconstrued this during one of our discussion and ran with it.  Our proposals have always reflected our intention to preserve this guarantee.
Those three issues brought us back to Riverside on July 21st.  And by the time we got there, your team had already decided on giving up the 5 days for San Diego in exchange for a contract and Yvonne Pritchard had expressed by phone her willingness to move the expiration date to 7/31/08.  We were not happy about having to give in to these two points, but we were troubled about not having a contract, so it was time to get it done. 

However, your bargaining committee was, and is, determined not to give up the 4-hour guarantee.  We believe this to be one of the foundations of our profession.  The guarantee of pay for our availability to work the full session is the only thing that makes our effective pay rate even marginally acceptable.  This is how we have historically worked and any deviation from this procedure is completely unacceptable.

When the two sides met, the question was quite simple.  If the steps were contingent on the courts not preserving our working conditions, we would let go of the steps, agree to a contract without a raise and re-open on wages on July ’06 and July ’07.  This was going to be our last compromise and it would help us secure an agreement to bring to you, our members, and prevent us from going to mediation and possibly on strike. 

Once again, it was not meant to be.  Rather than recognizing the huge sacrifices we were willing to make in order to have all issues resolved, management attempted to engage us in a conversation as to pay for hours worked and a gift of public funds and the same old diatribe that your committee believed had been laid to rest a long time ago.  In fact, the Region’s Chief Negotiator went as far as saying that we would have to re-negotiate most of the contract because they never expected to have to guarantee pay for court sessions. 

We expressed shock, dismay and anger at such a false representation.  Most of the contract has been tentatively agreed to already, and our original contract proposal clearly indicated our position on this issue.  Capable as your committee is at many things, we have not yet developed the ability to read minds, and had Management bothered to read our proposals, they would see that their position is approaching bad faith and regressive bargaining.   

Before leaving the table, the Region’s attorney quickly clarified that all tentative agreements would remain in effect, attempting to repair some of the damage inflicted by Yvonne Pritchard’s outburst, but by that time your committee was no longer interested in listening to that song and dance. 

 It was clear that we were there to get to a contract.  We have yet to figure out what Management’s intentions were.  Perhaps the mediator can extract it from them. 

Where do we go from here? 

First of all, every member of the bargaining committee thanks you for your patience and support.  Throughout this difficult process, all of your kind words of encouragement have kept us going. 

Second… we want to hear from you.  We want to know what you think now that you know what the issues are.  Email is always best, because we can all see it but if a phone call works best for you, get a hold of one of us. 

And as always, stand by.  Instructions will soon follow.

Bargaining team:

GINA ARTEAGA SAN DIEGO
MARIA BENITEZ SAN BERNARDINO
ESTHER BLANCO SAN DIEGO
ANTONIO LOPEZ SAN BERNARDINO
RICARDO SERUR ORANGE COUNTY
   
ARIEL TORRONE REGION 4 UNION REP
SILVIA BARDEN CFI PRESIDENT
BRUCE MEACHUM TNG/CWA UNION REP

 


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