The voice summer 2014

The

Voice San Bernardino Public Employees Association

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Inside the Issue

Message from the GM

FAQ’s

Letter from the GM

Meet our New Reps

2014 Employment Laws

Legislative News

Letter from the President

History of Labor

Member Recognition

Member Pictures

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THE LOREM IPSUMS SUMMER 2016

Message from the GM It’s been an interesting and challenging year for Public Employees throughout California.

While our unit members working in the Cities within the County of San Bernardino felt the negative impact of the public employee pension attack as early as 2009, we have been very successful in getting salary increases and other benefits restored. Concessionary bargaining seems to be a thing of the past in our represented cities.

However, the pendulum has swung and now the impact has shifted to our unit members working for the County of San Bernardino. Additionally, the Public Employee Pension Reform Act of 2013 (PEPRA) further changed the face of public employees’ retirement, mostly affecting new miscellaneous and safety employees. The new law also put an end to the employer picking up the employees’ contribution by no later than January 1, 2018; as well as reducing benefit formulas, increasing retirement ages and capping the annual salary for compensation purposes. If you recall there was a time when concessionary bargaining was on an all time high for all labor unions. By SBPEA County Members voting to extend their contracts, they were not threatened by proposals requiring unit members to pay a portion of their retirement. In keeping up with the demands of our growing membership, we have added two new Labor Representatives, one assigned to the Agency Team, and the other assigned County Team. They are being introduced to you in this issue. The addition of the new Labor Representatives will greatly enhance our ability to respond to our member’s representational issues, as well as be in the field more. Please join us in welcoming Ling Torres and Gabriel Ortega. We will now be working on getting more Employee Representatives. In the County we are allowed to have an Employee Representative in every work location. That is what I am aiming for. In the very near future, I plan to get out and meet with members throughout the County to hear concerns, suggestions, and what is important to you because you are the union and your involvement is key. We are all in this together. So lets now work together to make a difference.

Superior Court of San Bernardino - Restoration on the Horizon

Although a tenuous one-year spent negotiating a fair contract, our negotiation team was able to agree on language that gets us back to the table on a quarterly basis. Specifically to discuss any changes to the Courts budget resulting from decisions made at the state level. Since we've walked away from the table, our unit members received an increase to their benefit plan of $100 for twelve pay periods. Unit members in the Professional, Support and Supervisory units received a one-time equity adjustment during the month of March and step advancements were restored. Additionally, SBPEA's Court unit members will not be required to furlough as was scheduled to begin during the month of July. We continue to meet and work with Court Administration in moving toward healthier climates. Our next budgetary update meeting will be held in June.

-Bridgette Washington, SBPEA Labor Representative

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YOUR RIGHT TO REPRESENTATION

If you are called into a meeting with management, you have the right to know the subject of the meeting. If you reasonably believe the meeting could lead to discipline, you have the right to representation by SBPEA.

You must ASK for that right. Management does not have to offer it to you. You have the right to consult with your SBPEA Representative before the meeting.

When in doubt, call your SBPEA Representative.

Your Questions, Your Rights… Answers to your issues as a Public Employee

Q: What do I do if I think my workplace is unsafe?

A: If you believe working conditions are unsafe or unhealthful, you should bring the specific conditions to your employer’s attention, if possible. Workers have the right to work under safe working conditions. Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a SERIOUS hazard or their employer is not following OSHA standards. A worker can tell OSHA not to let their employer know who filed the complaint. It is against the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights. Contact your Labor Relations Representative if you feel your workplace is unsafe.

Q: I received two (B) below standards on my WPE but the overall is a (M) meets. Can I appeal it because I don't think it’s fair and it’s not true what they said in those two sections? A: No, if you receive overall Meets standards you cannot appeal the WPE. I would recommend that you write a rebuttal explaining why you feel the two sections that are marked below standard are not accurate. We can also help write the rebuttal if you need. Q: Question: My manager changed my work schedule from 8am - 5pm to 3pm – 11pm. Can she do that? I can grieve the matter? Answer: Management has a right to modify or change an employee(s) shift to meet the needs of the service. Depending on the MOU, reasonable notice should be given.

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Gabriel Ortega

Ling Torres Ling Torres is the newest Labor Relations Representative assigned to the County Team. Prior to joining the SBPEA family, she worked in the private sector in the Human Resources department as a Labor Relations Manager. Ling has been involved in the grievance process, arbitration hearings, contract negotiations, employee investigations, EEOC investigations, and NLRB investigations. Ling has extensive investigation experience working as a Special Agent with the Department of Defense and as a Special Investigator with the City of Chicago Inspector’s General’s Office.

On a personal note, Ling graduated in 2003 with her B.S. from Loyola University in Chicago. She moved to California 6 years ago from Chicago, IL. to purse her career. She enjoys weightlifting, baking and reading.

Ling is recently married; her husband is a shop steward with Teamsters Local 630.

Gabriel, our newest addition to the Agency Team, has been an active union member for over 28 years, having been a public school district employee in the Los Angeles area, working out of the maintenance department as a middle school Lead Custodian. Gabriel has been a member leader for the past seven years, holding a variety of executive board positions such as: Chapter President, Vice President, and Negotiations Team Spokesperson. He was also the Political Action Coordinator for the Greater Los Angeles area, advocating for classified public school employees. Gabriel grew up in a union household, as his father, mother, and uncles were union members and/or union leaders. Prior to joining SBPEA, Gabriel was working in Oregon representing K-12 and community college employees for the past 2 years. He understands the importance, value, and commitment public employees carry in service to the communities in which they work. Gabriel is married to his beautiful wife Debi and has two adult sons. He attends Eastern Oregon University (online degree program) majoring in Sociology and in his free time he enjoys fishing, hunting, and spending time with his family.

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THE LOREM IPSUMS SUMMER 2016 S U M M E R 2 0 1 4 0 1 4

Meal and Rest Periods Expansion to Heat Illness Recovery Periods - SB 435 expands

meal and rest break prohibitions to “recovery” periods taken to prevent heat illness. Under SB 435, an employer cannot require an employee to work during a recovery period mandated by state law under Cal/OSHA’s heat illness standard. An employer that does not provide an employee with a recovery period must pay the same premium penalty that exists for unprovided meal or rest breaks – one additional hour of pay for each workday that the meal, rest or recovery period is not provided. Employers with outdoor places of employment are subject to Cal/OSHA’s heat illness standard, which allows for cool-down periods in the shade of no less than five minutes at a time on an “as-needed” basis for employees to protect themselves from overheating.

Public Employees

Prohibition on Background Checks – AB 218 prohibits a state or local agency from asking an applicant to disclose information regarding a criminal conviction until after the agency determines the applicant meets minimum employment qualifications. There are specified exceptions, such as where a criminal history background check is otherwise required by law for the position. This legislation will not go into effect until July 1, 2014.

Public Employees

Meyers-Milias Brown Act: Impasse Procedures - AB 537 This law amends the Meyers-Milias- Brown Act (MMBA). The MMBA requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. The act requires, if an agreement is reached, that the parties prepare jointly a nonbinding written memorandum of understanding of the agreement that would then be presented to the governing body or its statutory representative for determination.

Public Employees

PEPRA: California Public Employees’ Pension Reform Act of 2013. SB 220 PEPRA generally requires a public retirement system to modify its plan or plans to comply with the act on and after January 1, 2013. SB 220 requires the Board of Administration of PERS to administer certain retirement systems in conformance with PEPRA as if the provisions of the act were contained in the provision governing those systems. The law provides that if the board determines that there is a conflict between the provisions of PEPRA and respective provisions of those systems, the provisions of PEPRA control. The law also makes various changes in PERL and in PEMHCA to conform to the requirements of PEPRA.

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Discount Tickets

The following tickets are available at the SBPEA office at 433 N. Sierra Way, San Bernardino, CA 92410

AMC No Restrictions

No Expiration Date

Ticket: $8.50

Regal Theatres No Restrictions

No Expiration Date

Ticket: $8.50

Cinemark No Restrictions

No Expiration Date

Ticket: $8.00

Harkins No Expiration Date

Valid for any show/anytime

Ticket: $8.00

Krikorian No Restrictions

No Expiration Date

Ticket: $7.50

MillCreek No Restrictions

No Expiration Date

$100 GiftCard: $95.00

(Redlands Only)

The following theme park discounts are only available ONLINE at WWW.SBPEA.COM (Discounts Tab)

Legoland Adult: $68 (reg.$103) Child: $63 (reg.$93)

Child ages are 3-12

+ 2nd Day Free

(2nd Day must be used within 90 days of first

visit)

Legoland Hopper

Legoland SeaLife

Water Park

Adult: $73 (reg. $127) Child: $68 (reg. $117)

Child ages are 3-12

+ 2nd Day Free (2nd Day free thru 2014)

Knott’s Berry Farm


Child Ticket Prices are for ages 3-11 & 62+

Knott’s Soak City


Child Ticket Prices are for ages 3-11 & 62+

• Checks must belong to the member purchasing tickets & must provide a CA I.D • No checks over $300 will be accepted

• We do not accept credit cards or bills over $20 • Returned checks are subject to a $15.35 fee

• Know the expiration dates of all tickets purchased • Mail Orders under $300 will be accepted with a copy of a CA I.D.

• All mail orders must include a flat rate shipping cost of $5.05 • If you would like a signature confirmation for your package, please include an additional $2.35 (total $7.40)

• No refunds or exchanges will be allowed

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SBPEA 2014 Scholarship Winners!

Winston Williams A dedicated Public Employee of San Bernardino County for 13 years is committed to earning his Bachelor’s Degree in Management. Winston understands the art of balancing a full time job, family, community and school. Winston says, “I am motivated to complete my education because it will allow me to be an impactful leader.”

Cierra R. Joseph Daughter of SBPEA Member Levora Joseph, Cierra plans to major in Psychology and Business Administration & Management. Cierra has been a key player in fundraisers for Cancer Awareness and Make-a-Wish. Her long list of academic honors, awards, activities and volunteer experience are impressive and admirable. Cierra contributes her motivation to her Grandfather.

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A large part of SBPEA's mission is to help advance the social, economic, and educational welfare of the membership and to positively contribute to the community we serve.

The Association has been honored to recognize both members and their dependents for the

accomplishments for many years and once again, want to congratulate this years recipients of the 2014 Scholarship Awards.

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Sam Harms Son of SBPEA Member Gary Harms, Sam is finishing his first year at UC San Diego. Sam is working towards obtaining his Bachelor’s Degree in Physics with Specialized Astrophysics. He graduated high school with an admirable 4.58 GPA with numerous scholastic, service and athletic awards and honors.

Jack Harms Son of SBPEA Member Gary Harms, Jack is also finishing his first year at UC San Diego. Jack is working towards his Bachelor’s Degree in Physics. His first year of college was full of personal goals and achievements. One of those achievements was completing what he says to be the most challenging class he’s taken, Vector Calculus, and earning a B.

Paulina Escobedo Daughter of SBPEA Member Marisela Escobedo, Paulina has been accepted to UCLA and UC Berkeley. She plans to obtain her Bachelor’s Degree and to further her studies by earning a PhD in Psychology. Paulina has a passion to make a difference and has proved it by having an extensive volunteer record. Paulina is also the Service Coordinator for her High School’s National Honor’s Society.

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SBPEA’s legislative agenda aims to making life better for county employees, their families and our community. We are working with a broad coalition to drive a state legislative agenda designed to strengthen middle- class communities and lift up working families by reducing income inequality. At the center of this income inequality legislative agenda is AB 1792, authored by Assembly Member Jimmy Gomez (D-Los Angeles). If passed into law, the bill would reveal the hidden taxpayer subsidies received by companies like Wal-Mart. A recent Congressional study found that nationally, Wal-Mart receives public subsidies averaging an estimated $5,185 per employee, per year. In March 2014, Americans for Tax Fairness released a report that concluded that Walmart and the Walton family receive tax breaks and tax subsidies estimated at more than $7.8 billion per year. This figure includes a cost of $6.2 billion to taxpayers for Walmart employees

relying on public assistance, $1billion in federal tax breaks benefiting Walmart, and $70 million in direct economic development subsidies by state and local governments. AB 1792 would require the California Department of Finance to provide an annual report to the state legislature illustrating the number of employees receiving public assistance like Medi-Cal, CalFresh, CalWORKS and Women Infants and Children Supplemental Nutrition Program (WIC). SBPEA is supporting AB 1792 to provide the legislature with information so more informed decisions can be made about tax policies that essentially underwrite business finances as a means of social spending and assistance programs. SBPEA is also supporting AB 2280, authored by Assembly Member Luis Alejo (D-Santa Cruz), which authorizes the creation of a new entity at the local level called a Community Revitalization Investment Authority (CRIA) that would provide a redevelopment option for the most disadvantaged and poorest areas of our state. Communities across California are still reeling from the loss of redevelopment agencies, which were focused on revitalizing urban cores and building affordable housing, especially in those areas most economically and physically disadvantaged. AB 2280 would give local agencies a new tool for repairing and redeveloping urban cores, and building affordable housing, especially in those areas most economically and physically disadvantaged. SBPEA is also fighting to bring new revenues to San Bernardino County by focusing on legislation to change corporate tax rules. Proposition 13 was passed in 1978 with to protect homeowners from losing their homes due to ever increasing property taxes. However, Proposition 13 is flawed because it allows commercial property owners to avoid paying their fair share. In virtually every county in the state, the share of the property tax borne by residential property has increased since the passage of Proposition 13, while the share of the property tax borne by commercial property has decreased. In San Bernardino County, the residential share of the property tax has gone from 51% to 72%. To generate much needed new county revenues, SBPEA is supporting AB 2372. The bill continue to provide Proposition 13 protection to primary residences homeowners, but would narrow the loophole by which commercial property sidesteps reassessment for property taxes. Earlier this year there was a state Senate election in the Inland Empire. Special elections cost counties hundreds of thousands — sometimes even millions — of taxpayer dollars. It will cost San Bernardino County $730,000 to fill the vacancy in the state Senate. Last year there were 13 special elections in San Bernardino County – and our county had to foot the bill every time. SBPEA is supporting SB 963, authored by Senator Norma Torres (D-San Bernardino) to require the state to reimburse counties for the cost of special elections. This is one of many bills that SBPEA is working on to improve the San Bernardino County budget.

SBPEA gives you a voice in the State Capitol to make life better for our members,

our families and our community.

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Letter from the President

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Excellence in Public Service

As professionals, public employees play a vital role in society. We provide high quality services to the community. People who choose a career in public service commit to their roles and responsibilities. We choose to act with the highest level of personal integrity, knowing that anything less is unacceptable. Every day, these valuable employees must resolve any conflict between their personal interests and their official duties in favor of the public they serve.

The public employee is tasked to ensuring that sensitive information is treated with discretion and responsibility in order to protect the privacy and security of the public and the efficiency of government. Every

breach of that confidentiality is investigated for the protection of the community. Recently, it came to light that a public employee inappropriately accessed and shared confidential information about their coworkers. They violated the privacy and trust of thousands of coworkers to further a personal cause. The full extent of the theft of information is still under investigation by the employer. As a public employee, I am outraged that a worker felt justified in stealing that information, then using it for non-work purposes. We deserve to have our social security numbers, addresses, phone numbers, dependent information, banking information, and even tax filing information protected by our employer. As citizens who have dedicated our lives to providing services to our community, we were betrayed by someone who thought stealing these records for personal use was somehow justified. By making that choice, they also broke the law. Many choices are presented to us each and every day. Always choose the one that will allow you to look your customers, your employer and your coworkers in the eye, knowing you acted with honor and integrity. In the words of C.S.Elliot, "Integrity it doing the right thing, even when no one is watching." In Solidarity, Paula Ready SBPEA President

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History of Labor

When we think of the history of the labor movement, what is the first think that comes to mind? Is it the Farmworkers struggle in the 1960’s for fair treatment in the fields that grow the food we eat? How about the contract between the United Auto Workers and General Motors, which produced the first Cost Of Living Adjustment (COLA) in 1948? Does anyone remember hearing about the Longshoremen strike in 1934, which shut down West coast ports? Two union members were killed and a General strike was called, making San Francisco a literal ghost town. When the strike was over, the union achieved overtime pay, wage increases and

management recognition of the union. If you mentioned any one of these events, you would be absolutely right!

Many union activists have fought for the benefits we sometimes take for granted today, which is a belief in an honest day’s pay for an honest day’s work. That is what we believe as SBPEA members and staff.

The first unions in this country had been born out of the struggle for independence. During the

revolutionary period, workers in America sought more than just freedoms from British rule, they fought for the right to make a living without being hindered by “contracted work”.

In 1770, rope makers in Boston were unhappy with off-duty British soldiers hording in on their industry because the soldiers were getting casual work to supplement their wages, and sold rope at a cheaper price than the professional rope makers were. At one point, a standoff occurred and this led to the Boston Massacre, which killed an American rope-making colonist, the first American to die for his country.

In 1927, The Oakland Janitors Association was formed, and the first thing on their agenda was to create a

retirement system for school employees. Senate Bill 551 was introduced and the fight to gain a way for a public employee to have a retirement savings at the end of a career of public service. After changes to the Bill and numerous rewrites, Assembly Bill 865 was implemented in 1948, providing mandatory retirement coverage in the State Employees Retirement System (which was later changed to PERS).

Changes in the workplace means changes in how management treats its workers go hand in hand. In

1935 the Wagner Act (the right to organize) was passed. In 1938 the Fair Labor Standards Act (ceiling on hours and floor on wages) passed (by the way, the minimum wage was $0.25/hr.). Between 1958 and 1959 the 40-hour workweek was established along with mandated minimum sick leave of one day per month of employment and pro rated for part time employees.

So, what does this all mean? Are we still fighting the same battles?

WAGES, HOURS, TERMS AND CONDITIONS OF EMPLOYMENT? YES!

ARE WE STILL FIGHTING IN THE SAME ARENA? YES! ARE WE STILL FIGHTING THE SAME ENEMY? YES!

REMEMBER,

THE VICTORIES WON FROM LONG AGO WERE FOUGHT FOR YOUR WORKING CONDITIONS TODAY!

Article written by: Gabriel Ortega

SBPEA Labor Representative

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George Bartch, ARMC George has worked for Arrowhead Regional Medical Center (ARMC) for over 25 years. He started when the Hospital was at the old location on Gilbert St. He has seen a lot of changes including five different CEO's go through the Hospital in his years at ARMC. George works in the Ambulatory Services Dept. He spends most of his time delivering the mail throughout the 456-bed facility. He has clocked the distance he walks and it’s between 10 to 17 miles a day. George is one of our most devoted Employee Reps providing the members with information and ensuring that our member’s rights are being protected. We would like to thank him for his years of County service and being an employee advocate as one of ARMC's committed SBPEA Employee Representatives.

SBPEA would like to congratulate member Alice Garcia, Office Assistant II, on her retirement of 17 years working at Arrowhead Regional Medical Center (ARMC). Alice began her career at the hospital when it was originally located on Gilbert Street in San Bernardino, and then transferred to ARMC.

One of the fondest memories working at ARMC was when she assisted the project managers with the industrial structure of the building. She recalls walking through the hallways in the dark before the electricity was turned on and the tile floors were laid with blueprints at hand and memorizing where the layouts of the offices and departments were going to be. When ARMC officially opened in 1999, she was part of the orientation team that participated in hospital tours for all the new employees.

For the past 16 years Alice has been overseeing the volunteer program at the Hospital.

Alice said the knowledge she had gained and the friendships she has fostered with both fellow employees and patients have been unmeasurable. Alice plans on continuing to build friendships with co-workers and patients at ARMC by volunteering her time every Thursday.

Alice Garcia, ARMC

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SBPEA MEMBER PICS!

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THE LOREM IPSUMS SUMMER 2016 U N I O N P I C S 1 4

THE LOREM IPSUMS SUMMER 2016 T H E V O I C E S U M M E R 2 0 1 4

HAVE YOU MOVED?

City/Agency Members:

Contact SBPEA to receive your change of address form

County Members: Contact your payroll office to have your change of address

submitted to SBPEA

SBPEA Mission Statement

It is the mission of the San Bernardino Public Employees Association to provide the best possible service to all our members with integrity and equality; to

advance the social economic, and educational welfare of the membership; to promote professional working relationships and fair play between members and

management alike; and to positively contribute to the communities we serve.

Adopted March 18, 1997

Contact SBPEA

Phone: (909) 889-8377 Fax: (909) 888-7429

Email: first initial and last name of the staff or board member you would like to reach @sbpea.com

Website: www.sbpea.com Facebook: www.facebook.com/SBPEA

Open Enrollment Going on Now!

June 1st, 2014-June 30th, 2014

EyeMed & Pre Paid Legal For new enrollment or cancellations fax your request to (909) 888-7429

Attention: Paula Heredia

EyeMed forms can be downloaded on www.sbpea.com

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The voice summer 2014

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