The Steward

Newsletter of the Humboldt County Public Employees Union, AFSCME Local 1684, AFL-CIO

Local 1684

Volume 46, Issue 3

Presidents Perspective
By Tim McDermond, Local 1684 President Energy, that part of reality that, when applied to mass, yields power. When applied to humans, energy takes on new meanings, but still when applied to mass(es) yields power. A charismatic leader can harness this energy. He can mold it to his desires and lead his followers but unless he returns it to the masses, the energy will dissipate and be wasted. Energy which is created by the masses and is directed by them to the benefit of the whole is effective energy. It creates an atmosphere that is tangible and electric. It fills the soul and leads to hope. I have been privileged to experience this energy twice this last February. It was given life once here in Eureka and a second time up north in Crescent City. On Lincolns Birthday, a small group of dedicated members met to help plan where the local should go in the future. They came and talked and conferred. Splitting into 6 committees, Negotiations, Social, Education, Organizing, Fiscal and Education, they brainstormed over the course of several hours. While they were doing so, the energy built. Like a dose of fresh air to a suffocating man, it enriched and thrilled. Great ideas flowed. Issues were discussed. Then they were shared. The energy moved us. Power is being created. So, if you wish to indulge in a great experience- join the energy makers. They will create the will to turn energy into power and change our reality. Help us make it a good change. Meanwhile, the Humboldt /Del Norte Central Labor Council has been holding quarterly meetings in Crescent City. For many years the idea was kicked around, and last year we finally started doing so. An hour and a half drive at todays gas prices requiring time off from many of our jobs seems a fairly stiff price. The reality is that fighting against great odds, labor is alive and thriving in Del Norte and this creates energy. CUHCW, care givers who are some of the lowest paid workers, has been working, demonstrating and proving the power of collective bargaining. More importantly, they and their allies, sister locals and other Union supporters have been creating energy. They have reached out and passed the spark on to their children. To organize and educate is a family affair. They are committed to show the face of labor as it is, not as the one percent wishes to portray us. To that end, for Mayday (delayed to the weekend, technically Saturday May 4) they are presenting at the Del Norte County Fairgrounds a labor celebration. They will have family events (including booths and games), speakers and informational
(Continued on page 3)

March 2013

Inside this issue:

How to Reach Us Bus. Agent Notes Meeting Minutes

2 2 3

Meeting Notice

Calendar of Events

Guest ColumnWeingarten Rights

By Drew Redden, Local 1684 Steward I wanted to take this opportunity to provide everyone with a reminder of a fundamental workplace right which we can always utilize to our mutual benefit and aid. Weingarten Rights o

For investigatory interviews:

representation when an interview begins or any time during the interview

REMINDER: General Membership Meetings are held quarterly on the 3rd Wednesday of January, April, September and November at 6:00 P.M. Please plan to join us! Remaining for this year: April 17, 2013 September 18, 2013

An employee can request union

These rights have become a bedrock of protection for employees represented by unions throughout the country and have been affirmed and expanded several times in our nations history. What do they say?

A union rep can be any available steward or union officer or the business agent

When an investigator receives a

Weingarten request they may:

Halt questioning until a union rep arrives

(Continued on page 3)

November 20, 2013

AFSCME Local 1684

How to Reach Us President, Tim McDermond 269-3510 ~ tmcdermond@co.humboldt.ca.us Vice President, Jo Wattle 445-7374 ~ jwattle@co.humboldt.ca.us Secretary/Treasurer, Mikel Purdy 269-3580 ~ mpurdy@co.humboldt.ca.us Recording Secretary, Sherman Landry 268-3440 ~ slandry@co.humboldt.ca.us ~ Chapter Delegates: Humboldt County Unit 1, Michael Richardson 268-3723 ~ mrichardson@co.humboldt.ca.us Humboldt County Unit 2, Nicholas Massey 839-1264 Humboldt County Unit 3, Lawrence Lancaster 268-2212 ~ llancaster@co.humboldt.ca.us Humboldt County Unit 4, Geoffrey Barrett 476-2117 ~ gbarrett@co.humboldt.ca.us Superior Courts, Lois Casacca 269-1269 ~ LCasacca@humboldtcourt.ca.gov Humboldt Transit Authority, Dan Gerber 601-7030 ~ janiceanddan@suddenlink.net ~ Trustee (2016), Alicia Garcia 269-3504 ~ agarcia@co.humboldt.ca.us Trustee (2015), Joan Hoss 269-4100 ~ jhoss@co.humboldt.ca.us

Business Agent Notes

By Harriet Lawlor, Local 1684 Business Agent The Unions most recent Lunch & Learn opportunity was presented to represented employees at the Superior Court of California, County of Humboldt. The Union was pleased to welcome our speaker, Victoria B. Henley, who is the DirectorChief Counsel for the Commission on Judicial Performance. The Commission on Judicial Performance is the oversight body for Californias state court judges. It is responsible for investigating allegations of judicial misconduct and, when appropriate, imposing discipline. No other entity state or federal has the authority to remove a California judge from office or to impose any other discipline. The commission acts on the basis of complaints submitted to it. Each year it receives approximately 1100 complaints. The majority of complaints do not involve demonstrably more than dissatisfaction with a judges ruling and are closed by the commission after review. When a complaint states facts which, if true, would constitute misconduct, the commission may authorize an investigation. Court employees, lawyers and judges together submit fewer than 15% of the total complaints received by the commission each year. Their complaints, however, are typically more meritorious than those from other sources, comprising as much as 60% of the discipline imposed by the commission in some years. Each year, ninety-five percent of the commissions investigations involve conduct in the courthouse. Consequently, court employees are frequently contacted by commission investigators as witnesses. Court employees, like other public employees and officials, are required to cooperate with the commission and provide reasonable assistance and information during investigations. Witnesses are permitted to have counsel present when interviewed. Investigations, as well as complaints, are confidential. When a judge is contacted during an investigation, the judge is given only a summary of the allegations. The judge does not receive the complaint or statements given by witnesses, unless the case goes to formal charges. This happens in only two or three cases each year as most cases are resolved without formal charges. In the few cases that go to formal charges each year, witnesses can be deposed before the hearing. Upon request, court employees who are to be deposed are entitled to have counsel furnished by the Administrative Office of the Courts. Judicial misconduct involving court employees has been the subject of discipline beginning with the commissions first removal case (Youre just a f**king clerk. Geiler v. Commission on Judicial Qualifications (1976)) and continuing to the present (The judge repeatedly referred in open court to the court business office staff as cucumbers who might lose the file, explaining they arent even potatoes because potatoes have eyes and they arent even corn because corn has ears. Inquiry Concerning Judge DeAnn M. Salcido (2010)). In addition to abusive treatment, judges have also been disciplined for using court employees for non-judicial purposes including judicial campaigns and business ventures, involving court employees in ticket -fixing and accessing DMV records for non-judicial purposes. Additional information about the commission can be obtained from its Website: www.cjp.ca.gov. The commission office can be reached at 415-557-1200.

The Steward
is published by AFSCME Local 1684 840 E Street, Suite 7, Eureka CA 95501 Phone: 707-443-7371 ~ 800-858-3212 ~ Fax: 707-443-0819 Newsletter Committee: Jo Wattle, Editor: 445-7374 ~ jwattle@co.humboldt.ca.us Susan Carns: 441-5558 ~ scarns@co.humboldt.ca.us Tim McDermond: 269-3510 ~ tmcdermond@co.humboldt.ca.us We encourage you to write to The Steward about happenings at your worksite and issues affecting working families. All letters to the editor and articles must be signed and may be edited for length, libel, and good taste. Deadline for letters and articles is the first Monday of each month. Please submit your letter or article to the editor or the Union office. Opinions expressed in letters or articles submitted to The Steward are those of the writer and not necessarily the opinion of AFSCME Local 1684.

The AFSCME Council 57 Union office, serving the members of AFSCME Local 1684, is located at 840 E Street, Suite 7, Eureka CA 95501 PHONE (707) 443-7371 FAX (707) 443-0819 Business Agent: Harriet Lawlor e-mail: harriet.lawlor@ca.afscme57.org Secretary: Joel Bollinger e-mail: joel.bollinger@ca.afscme57.org www.afscme57.org opeiu3afl-cio(262)jrb

March 2013

Page 2

Presidents Perspective (contd)

booths by sister locals and trade unions. They will display labors history, present and possible future. They will help end the swing to Corporate bosses and reinvigorate Labors Power to enrich the nation and empower the 99%. They will show to the youth needing jobs some opportunities that they dont get in school. Plan a family outing up North. Let yourself, and them, feel the Energy and create the Power. Youll see me there indulging with delight. Hope to see lots of you.

Executive Board Meeting Minutes

By Sherman Landry, Local 1684 Recording Secretary

Wednesday, February 20, 2013

Call to Order; Pledge of Allegiance; Quorum Present (9) Present:: Tim McDermond, Jo Wattle, Mikel Purdy, Sherman Landry, Michael Richardson, Larry Lancaster, Geoffrey Barrett, Dan Gerber, Harriet Lawlor Reading/Approval of Minutes: January 16, 2013 General Membership Meeting Moved Jo Wattle, Second Michael Richardson Carried Monthly Financial Reports: December 2012/January 2013; Approval of December 2012 report M/S/C; Jan. 2013 report available at March meeting New Business: Formation of committees to implement strategic planning objectives, official assigning of committees: Education, Social, Fiscal and Organizing. M/S/C Appoint E-Board liaisons to the new committees: Education Jo Wattle; Social Mikel Purdy; Fiscal Mikel Purdy; Organizing Larry Lancaster; M/S/C Reimbursement to M. Purdy for www.local1684.com fees ($45.66). Moved Jo Wattle, Second Geoffrey Barrett Carried Demo of www.local1684.com website (10 20 minutes; additional 10 minutes for questions) Purchase wireless PA system, not to exceed $1,000. Tech Committee will research and purchase no later than two Executive Board meetings - M/S discussion ensued. Friendly amendment Michael Richardson consideration of motion to be approved by Executive Board -Carried Correspondence: Dues waiver approval from International; Notice of Nominations for the C57 Executive Board for the 2013/2015 term Thank you from Food for People Thank you from Humboldt Senior Resource Center Presidents Report: Briefing on the C57 Delegate Meeting held January 26, 2013, in Oakland Staff Report: Briefing on the Local 1684 Strategic Planning Day held February 12, 2013 Committee Reports: Good and Welfare Request for an employee (Steward) who has been on extended medical leave to request assistance with health insurance payment. Moved Jo Wattle $100 to health care by precedence, Second Michael Richardson, discussion ensued. Carried Jim Smiths going away dinner will be held at the Labor Temple March 12, 2013 at 6:00 p.m. Jo Wattle, Tom Wattle, Joan Hoss, Tim McDermond, Harriet Lawlor and Geoffrey Barrett will attend. Two more members may attend. Adjournment

Guest Column (contd)

End the interview without asking questions Offer the employee a choice of continuing the
interview without a rep or end the interview

o If the investigator denies or ignores the request for a rep and continues to ask questions without the employees assent, the employee can refuse to answer.

An employee should remain in the meeting until it

ends, but need not answer any question.

This has been expanded by 9th Circuit Court of Appeals:

Employees must be informed of the subject

of the investigation prior to the start of the meeting.

The Ninth Circuit Court of Appeals in Pacific

Telephone v. NLRB, 711 F.2d 134 (9th Cir. 1983), found that an employees right to representation would be seriously diminished if the employee did not have the right to know the subject matter of the interview. Weingarten rights have been established as a fundamental protection of unionized employees to exercise their ability to act in mutual aid of each other. Investigators and administrators are under no compulsion that says they must inform you of these rights; but they must defer to this request if we invoke these rights to protect ourselves and our fellow colleagues. No one can retaliate against an employee for invoking these rights! If you have any questions about this, would like to know more, have concerns about utilizing these rights or have other workplace questions or concerns, please use a break or other non-work time to contact your union rep or the AFSCME 1684 office at 4437371. Know your rights, and make sure your colleagues know them, too. Together we are stronger! In solidarity, Drew Redden Steward - AFSCME Council 57 - Local #1684

March 2013

Page 3

NOTICE OF EXECUTIVE BOARD MEETING HUMBOLDT COUNTY PUBLIC EMPLOYEES UNION, AFSCME LOCAL 1684 WEDNESDAY, March 20, 2013, 5:30 PM LABOR TEMPLE, 840 E ST, EUREKA NEXT GENERAL MEMBER MTG: APRIL 17, 2013, 6:00 P.M.

Local 1684

PRESORTED STANDARD U.S. POSTAGE PAID

Eureka, CA 95501

840 E Street Suite 7 Eureka CA 95501-6804 RETURN SERVICE REQUESTED

PERMIT NO. 30

Calendar of Events

Wednesday, March 20 Local 1684 Executive Board Meeting, 5:30 p.m., Union Office Wednesday, March 20 First Day of Spring Wednesday, April 17 General Membership Meeting, Labor Temple, 6:00 p.m. Friday, April 26 Business Agent Meeting, Oakland, CA Saturday, April 27 Council 57 Delegate Meeting, Oakland, CA Wednesday, May 15 Local 1684 Executive Board Meeting, 5:30 p.m., Union Office Monday, May 27 Memorial Day, Union Office Closed Wednesday, June 19 Local 1684 Executive Board Meeting, 5:30 p.m., Union Office Thursday, July 4 Independence Day, Union Office Closed Wednesday, July 17 Local 1684 Executive Board Meeting, 5:30 p.m., Union Office