DPA letter to SEIU: Stop spreading incorrect info about Columbus Day

On October 6, 2009, DPA sent the following letter to Michael Baratz, Chief of Staff for Service Employees International Union (SEIU) Local 1000.

 

 

Re:

• Elimination of Columbus Day Holiday
• Request for Immediate Retraction

 

Dear Mr. Baratz:

 

It has come to our attention that Service Employees International Union, Local 1000 (SEIU) is making several statements urging its members not to report to work on Columbus Day, October 12, 2009, a regular work day. These statements are contrary to the law and must stop immediately. Further, SEIU must take immediate and effective steps to retract and correct its communications to accurately reflect the current state of the law.

As you know, the Legislature eliminated the Lincoln and Columbus Day holidays in connection with the February 2009 Budget Act. State employees who are scheduled to work on October 12, 2009, are expected to report to work just as they would on any other work day. In fact, the Legislature, in acknowledging the change for State employees, recently reminded its own employees to report to work on Columbus Day.

SEIU has been communicating incorrect information on the status of the Columbus Day holiday and urging its members not to report to work on October 12, 2009. On September 23, 2009, the SEIU Update '09, September 23 edition, contained a message from SEIU President Yvonne Walker, incorrectly stating that the Columbus Day holiday is still in effect. On September 25, 2009, SEIU posted on its website a message from Ms. Walker incorrectly stating "October 12, 2009, is a holiday and employees should not come to work." Ms. Walker's message was also distributed by SEIU representatives and stewards at various departments via the State's e-mail system. On September 30, 2009, the SEIU Update '09, reprinted Ms. Walker's September 25 statement instructing employees not to come to work on October 12, 2009. On SEIU's Channel 1000, Ms. Walker addressed union members, again instructing employees not to come to work on October 12, 2009. On October 1, 2009, Ms. Walker again appeared on SEIU's Channel 1000 repeating the same incorrect information to employees regarding the holiday.

SEIU's communications to its members not to report to work on Columbus Day directly interferes with the State's lawful direction to employees on this issue. SEIU is fully aware of the State's direction to employees. In its various communication to its members, SEIU acknowledges that DPA has informed State employees that the Legislature has eliminated the Columbus Day holiday in revising Government Code section 19853, that employees are required to come to work if so scheduled (absent prior approval by the employee's supervisor to use leave credit), and that if an employee does not obtain prior approval, the absence will be considered absent without leave (AWOL).

While we understand your organization's desire to communicate with your members, SEIU's efforts on this issue can no longer be considered fair communication about your members' rights and have become communication actively encouraging an illegal work stoppage. SEIU is advocating an illegal job action which may result in employees being subject to possible disciplinary action.

SEIU is encouraging its members to violate Government Code section 19853, as well as section 5.1 of the SEIU agreements relating to work stoppages, which remains in effect. That section requires SEIU to notify all of its officers, stewards, chief stewards, and staff of their obligation and responsibility for maintaining compliance with the No Strike provision, including the responsibility of employees to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating section 5.1 to return to work.

SEIU is the only state employee organization instructing its members not to report to work on October 12, 2009. For example, Professional Engineers in California Government (PECG), in a recent memorandum to its members, states "a long-established rule in labor relations is - obey now, grieve later. This means that, in most circumstances, employees must obey directions from supervisors and managers and then obtain an appropriate remedy through the grievance procedure, which PECG is pursuing in this case." Similarly, California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE), in a memorandum to its members states, "It is CASE's opinion that the "no strike" clause of our MOU precludes us from instructing Bargaining Unit 2 members to ignore the instructions of their employer with regard to the upcoming Columbus Day holiday."

We request that SEIU comply with the terms of section 5.1 and immediately stop urging its members to refrain from reporting to work on October 12, 2009. Further, we request that SEIU immediately (1) retract any and all communications to its members that may have encouraged work stoppages and (2) issue new communications informing its members that Columbus Day, October 12, 2009, is not a state holiday.

 

Sincerely,

/s/ Julie Chapman

Chief Deputy Director of Policy

 

See also

• Columbus Day is no longer a State Holiday

Updated October 8, 2009 at 3:42 PM.