r= ,~ pit~lic endployment relations board … · 5. the county has adopted a labor relation...

~o~.- FIRST AMENDED CHARGEr~%`' ~y, ~G~ STATE OF CALIFORNIA LA-CE-1193-Mr=~~ ~~,~ PIT~LIC ENdPLOYMENT RELATIONS BOARD

~~~'v~~y~~3~.,aF:~a~,, IDO NOT WRITE IN THIS SPACE: Case No: Date Filed:

INSTRUCTIONS: File the original and one copy of this charge form in the appropriate PERB regional office (see PERBRegulation 32075), with proof of service attached to eaeh copy. Proper filing includes concurrent service and proof of service ofthe charge as required by PERB Regulation 32615(c). All forms are available from the regional offices or PERB's website atwww.perb.ca.gov. If more space is needed for any item on this form, attach additional sheets and number items.

IS TffiS AN AMENDED CHARGE? YES ✓ If so, Case No. NO

1. CHARGING PARTY: EMPLOYEE EMPLOYEE ORGANIZATION ✓ EMPLOYER PUBLICI

a. Full name: Service Employees International Union, Loca1221

i~. Mailing address: 4004 Kearny Mesa Road, San Diego, CA 92111

c. Telephone number: ($5$) 560-0151

d. Name and title of Kerianne R. Steele, Attorney E-mail Address: [email protected] filing charge:Telephone number: (510) 337-1041 Fax No.: (510) 337-1023

e. Bargaining units) Appraisal, EDP, Fiscal &Purchasing; Clerical; Food Services and Housekeeping; Middle Management;involved: professional; Public Services; Social Services Supervisor; Health Services; Registered Nurses; Social Welfare

Bargaining Units

2. CHARGE FILED AGAINST: (mark one only) EMPLOYEE ORGANIZATION EMPLOYER ✓

a. Full name: County of San Diego

b. Mailing address: 1600 Pacific Highway, San Diego, Ca 921Q1

c. Telephone number: (g58) 694-3900

d. Name and title of Helen N. Robbins-Meyer, Chief Administrative Officer E-mail Address: [email protected] to contact:Telephone number: X619} 531-5880

Faa No.: (619) 557-4060

3. NAME OF EMPLOYER (Comptete this section only if the charge is filed against an employee organization.

a Full name:

b. Mailing address:

4. APPOINTING POWER: (Complete this section only if the employer is the State of California. See Government Code section 18524.)

a. Full name:

b. Mailing address:

c. Agent:

An affected member of the public may only file a charge relating to an alleged public notice violation, pursuant to Government Codesection 3523, 3547, 3547.5, or 3595, or Public Utilities Code section 99569.PERK-61 (7/22/2014) SEE ~2EVERSE SIDE

5. GRIEVANCE PROCEDURE

Are the parties covered by an agreement containing a grievance procedure which ends in binding arbitration?

Yes ~ No _~

6. STATEMENT OF CHARGE

a. The charging party hereby alleges that the above-named respondent is under the jurisdiction of: (check one)

Educational Employment Relations Act (EERA) (Gov. Code sec. 3540 et seq.)

Ralph C. Dills Act (Gov. Code sec. 3512 et seq.)

Higher Education Employer-Employee Relations Act (HEERA) (Gov. Code sec. 3560 et seq.)

~✓ Meyers-Milias-Brown Act (MMBA) (Gov. Code sec. 3500 et seq.)

I,os Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA)(Pub. Utilities Code sec. 99560 et seq.)

❑Tria2 Court Employment Protection and Governance Act (Trial Court Act) (Article 3; Gov. Code sec. 71630 —71639.5)Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) (Gov. Code sec. 71800 et seq.)

In-Home Supportive Services Employer-Employee Relarions Act (Gov. Code, § 110000 et seq.)

b• The specific Government or Public Urilities Code section(s), or PERB regulation sections) alleged to have been violated is/are:Gov't Code secs. 3502, 3503, 3505 and PERB Regulations 32603(a), (b), (c} and (g)

~• For MivIBA, Trial Court Act and Court Interpreter Act cases, if applicable, the specific local rules) alleged to have been violatedis/are (a copy of the applicable local rules) MUST be attached to the charge):See attached to the original charge as E~ibit A

d• Provide a clear and concise statement of the conduct alleged to constitute an unfair practice including, where known, the time andplace of each instance of respondent's conduct, and the name and capacity of each person involved. This must be a statement ofthe facts that support your claim and not conclusions of law. A statement of the remedy sought must also be provided. (Use andattach additional sheets ofpaper zfnecessary.)See attached

DECLARATION

I declare under penalty of perjury See attaChetlthat this declaration was executed on July 12.2017 Verificatian o

at Alameda, California (Date) David GarCias

(City and State)Kerianne R. Steele

(Type or Print Name} (Signature)

Title, if any: Attorney

1001 Marina Village Parkway, Suite 200, Alameda, California 94501Mailing address:

Telephone Number: ~S10) 337-1001 E-Mail Address: [email protected]

PERB-61(7!2212014)

.. ,~ ~ ~,

I declare that I am a resident of or employed in the County of Alameda

State of California I am over the age of 18 years. The name and address of my

residence OT business is Weinberg Roger &Rosenfeld

1001 Marina Village Parkway, Suite 200, Alameda, California 94501

On July 12, 2017 ~ j Seined the Public Employment Relations Board

(Date) (describe documents)First Amended Unfair Practice Charge

on the parties listed below (include name, address and, where applicable, fax number) by (check

the applicable method or methods):

a placing a true copy thereof enclosed in a sealed envelope for collection and delivery

by the United States Postal Service or private delivery service following ordinary business

practices with postage or other costs prepaid;

personal delivery;

❑ facsimile transmission in accordance with the requirements of PERB Regulations

32090 and 32135(d).

Ms. Helen N. Robbins-MeyerChief Administrative OfficerCounty of San Diego1600 Pacific Highway, Room 209San Diego, CA 92101

I declare under penalty ofperjury that the foregoing is true and correct and that this

declaration was executed on July 12, 2017 ~ at Alameda, California

Stephanie Mizuhara

(Type or print name)

SEIU LOCAL 221 v. COUNTY OF SAN DIEGOAppendix to First Amended PERB Charge

(Underlined font indicates an amendment)

1. The Charging Party, Service Employees International Union, Loca1221 ("SEIULoca1221" or "Union") is and has been at all times material hereto a recognized employeeorganization within the meaning of Government Code section 3501(b) et seq. (the "MMBA"),and is and has been recognized by County of San Diego ("County") as an employee organizationthat represents employees in ten (10) appropriate bargaining units (referred to as the Appraisal,EDP, Fiscal and Purchasing ("AE"), Clerical ("CL"), Food Services and Housekeeping ("FS"),Middle Management ("MM"), Professional ("PR"), Public Services ("PS") &Social ServiceSupervisors ("SS"), collectively ("Joint"), Registered Nurses ("RN"), Health Services ("HS"),and Social Welfare ("SW") bargaining units).

2. The County is a public agency within the meaning of Government Code section3501(c). At all times material hereto, the County has been the employer of SEIU Loca1221members in the ten (10) bargaining units.

3. The County and SEIU Loca1221 are parties to four (4) Memoranda ofAgreements ("MOAs"), which set forth the wages, hours, and terms and conditions ofemployment of the employees in the ten (10) bargaining units. All four (4) MOAs expired onJune 22, 2017.

4. The parties are currently engaged in bargaining for successor MOAs, jointly atone bargaining table.

5. The County has adopted a Labor Relation Ordinance (Ordinance No. 6273)("Ordinance") for the purpose of establishing uniform and orderly methods of communicationbetween the County and its employees concerning their respective rights and duties as providedin the MMBA and the San Diego County Charter. Article IV, section 1(d) of the Ordinancestates: "a recognized employee organization shall, upon request, be provided with payrollinformation by the Auditor and Controller, consisting of employees' names, classifications andwork locations for employees in the represented unit." A true and correct copy of the LaborRelations Ordinance is attached hereto, marked as Exhibit A, and is incorporated by reference asthough fully set forth at length herein.

6. The County has adopted a summer dress code called "Cool Summer Days in theCounty" from June 20, 2017 to September 21, 2017. In a June 13, 2017 memorandum addressedto all County employees, County Chief Administrative Officer Helen N. Robbins-Meyer("CAO") described the summer dress code as "appropriate business casual attire." The CAOnoted, "If you are scheduled for meetings or other activities that require business attire, I willcontinue to expect you to dress accordingly. As always, each Appointing Authority isresponsible for establishing dress rules within their individual departments." A true and correctcopy of the June 13, 2017 memorandum is attached hereto, marked as Exhibit B, and isincorporated by reference as though fully set forth at length herein.

7. A June 20, 2017 email sent on behalf of Kimberly Gallo, Director of the East &North Central Regions of the County's Health &Humans Services Agency, defined "appropriatebusiness casual attire" as "[c]asual clothing, such as jeans (including colored jeans) and sneakers


of any kind." Clothing prohibited from the office included: "flip flops or other unsafe shoes,shorts, tank tops, tights, beach or athletic wear and torn or revealing clothing." A true and correctcopy of the June 20, 2017 email is attached hereto, marked as Exhibit C, and is incorporated byreference as though fully set forth at length herein.

8. Prior to June 20, 2017, the County never adopted any dress code applicable to allCounty employees.

9. In the past, one County office tried to introduce a dress code unilaterally withoutsuccess. In December 2016, the Lemon Grove Family Resource Center ("Center") informed twoemployees that they must stop wearing flip flops. However, at a February 2017 staff meeting,after the Center mentioned this dress code issue, Union steward Drucilla Willis responded thatthe County had no dress code policy. Subsequently, the Center did not impose this dress codeand permitted employees to continue wearing flip flops. The County did not mentionintroducing a dress code again until it sent the June 13, 2017 memorandum and June 20, 2017email to employees.

10. On or about July 3, 2017, SEIU Loca1221 filed the original unfair practice chargein this proceeding against the County alleging that the Countv unilaterall~ged theestablished bast practice re ardingdress code by implementing a restrictive dress code polioSEIIJ Loca1221 served the charge on the Count that same dam

11. A week after receiving SEIU Loca1221's charge, on July 11, 2017, Helen N.Robbins-Me er "Robbins-Mew}, Chief Administrative Officer, issued a memorandum to allSEIU Loca1221-represented employees, which she entitled "RESCISSION OF COOLSUMMER DAYS." In the memorandum, the County rescinded its unilaterally implementedrestrictive dress code policy. It su~~ested that the dress code policy it had implemented wasbeneficial to employees, describin ~it as "popular[]." Robbins-Me aer alleged that the CoolSummer Days tradition had existed for over fifteen years, and that she was merely introducing itmain when she issued her June 13, 2017 memorandum. She suggested that, absent thebenevolent act of issuing her June 13, 2017 memorandum, employees would be required to dressaccording to the usual and customarypractice for their applicable division or department. Sheexpressly blamed SEIU Loca1221 for her act of rescindin her "Cool Summer Days 2017"memorandum. She claimed that [despite the County having never provided SEIULocal 221prior notice or opportuni to bargain aver a proposed dress code policX] SEIU Loca1221 hadnever asked to meet and confer re arding "the established practice." She stated that bXrescinding the "Cool Summer Days 2017" memorandum, SEIU Loca1221-representedemployees only would "continue to follow their usual and customary practices for their divisionor department immediatel~(impl~g that non-SEIU Local 221-represented employees wouldenjo~~reater freedoml. A true and correct copy of Robbins-Met'er's July 11 2017memorandum to all SEIU Loca1221 members is attached hereto marked as Exhibit D and isincorporated by reference as thou~v set forth at length therein.

12. On or about Julv 11, 2017, after Robbins-Meyers issued her grossly misleadingmemorandum that bypassed and sought to undermine SEIU Loca1221 SEIU Local 221 issued astatement to members. It explained that, per Robbins-Mever's rescission memorandum datedJuly 11, 2017, the status quo had been restored specifically the long-standin past practice of


there being no dress code in the County and employees having the freedom to wear to work flogflops, shorts, tank tops, tights beach or athletic wear

13. Despite Robbins-Meyers herself declaring that the status quo had been restoredfor SEIU Loca1221-represented employees immediately the following day July 12 2017scores of managers directed their employees not to wear casual clothing of any kind to workThe managers promulgated a total prohibition on casual clothing

14. A unilateral change is considered a per se violation when: (1) the employerbreached or altered past practice; (2) the action was taken without giving the exclusiverepresentative notice or an opportunity to bargain over the change; (3) the action is not merely anisolated incident, but amounts to a change of policy (i.e. having a generalized effect orcontinuing impact on terms and conditions of employment); and (4) the change in policyconcerns a matter within the scope of representation. (City of San Juan Capistrano (2012) PERBDecision No. 2238-M, at Warning Letter p. 2.)

15. The County committed a unilateral change when it changed the past practiceregarding the dress code. Prior to June 20, 2017, the County never adopted any dress codeapplicable to all County employees.

16. The County provided SEIU Local 221 no prior notice or opportunity to bargainover this change in the dress code.

17. As the County's memorandum and email indicate, this is a change of policy thatwill have a generalized effect on SEIU Loca1221's members.

18. The change in policy concerns a mandatory subject ofbargaining—specificallythe dress code. (Poway School Emps. Assn v. Poway Unzfzed School Dist. (2017) PERBDecision No. 2528 [finding that the "Association has asserted a prima facie case that the[School] District made a change in policy with respect to the promulgation of a dress codewithout affording the Association notice or an opportunity to meet and negotiate thereon."]).

19. The County main committed a unilateral change when on July 12 2017 mana ersthroughout County departments and divisions implemented Robbins-Met'er's July 11 2017memorandum as being an absolute prohibition on the wearing of casual clothing by SEIU Local221 members. The managers banned the wearing of casual clothing despite there being a astpractice in those departments or divisions of wearing summer casual clothing including but notlimited to flip flops, shorts, tank tops, tights beach or athletic wear If the department/divisionmanagers were not mischaracterizing Robbins-Me er's July 11 2017 directive and instead wereimplementing it as she intended, then the second unilateral change occurred by and throughRobbins-Mever's July 11, 2017 memorandum.

20. The Count~vpassed and sought to derogate SEIU Loca1221's authority by onJuly 11, 2017, sending a defamatory memorandum to SEIU Loca1221's members whichmisstated the oast practice re~ardin~ dress code mischaracterized the "Cool Summer Dam2017" policy as loosening dress code re~,uirements rather than imposing restrictions for the veryfirst time, blaming SEIU Loca1221 for causing the rescission of [the County's mischaracterized]

3


"Cool Summer Days 201 T' policv and penalizingonly SEIU Loca1221 members by su estingthat other emplovees in the County would enjov a loosening of dress code requirements butSEIU Loca1221 members would not. The County also sought to create a policy of generalapplication —pertaining to dress code — by communicatin directly to members a,proposal it hadnever presented to SEIU Loca1221.

21. An employer may not communicate proposals to employees before firstsubmitting them to the exclusive representative seek to bargain directly with employees orinvite them to abandon their representative to achieve better terms directlyfrom their em~lover(City of San Diego (2010) PERB Decision No 2103-M slip op 71 An ern„plover violates theduty to bargain in good faith when it bypasses the exclusive representative to negotiate directlywith employees over matters within the sc ~e of representation such as dress code (Id

22. The Robbins-Meyer memorandum and the Coun , managers' directives toemployees do not constitute protected employer-speech as those communications contained athreat of ret~risal or force or promise of benefit. The County's communications are not deserving~o rotection.

WHEREFORE SEIU Loca1221 respectfully requests that a complaint issue against the Countyon the grounds that it violated Sections 3502, 3503, 3505 of the MMBA, and PERB Regulations32603(a), (b), (c) and (g) by failing to provide notice and an opportunity to meet and confer overthe decision and impacts of the aforementioned change in policy, and unilaterally implementingthose changes.

PERB should order the County to:

Cease and desist from its unlawful activities and restore the status quo ante byrescinding the aforementioned policy which means that there shall be no dresscode policy whatsoever in the County departments and divisions and that the pastpractice of employees beingpermitted wear summer casual, comfortable clothesto work shall be restored;

ii. Rescind the "Cool Summer Days in the County" summer dress code, whichmeans the County must rescind its restrictive poliohat permits only"appropriate business casual attire," which the County defines as "[c]asualclothing, such as leans (including colored jeans) and sneakers of any kind." Oncethe "Cool Summer Days in the County" summer dress code is rescinded theCounty must restore the status quo as described in para~raph~i~ above;

iii. Post the customary notices at all locations where SEIU Local 221 representedemployees are assigned. Per City of Sacramento (2013) PERK Dec. No. 2351-M,the County should be obligated to provide notice to employees of its unfairpractices through all regularly used communication channels including email,Intranet, websites, or other electronic means. SEIU Loca1221 also requests thatPERB order the County to make spoken notice to member-employees, which is acustomary way that management communicates with employees; and

G~


iv. All other remedies which are just and proper, consistent with PERB's broadremedial authority.

143530\921642

SEIU Loci, 221 v. COUNTY OF SAN DIEGOVERII+ICATION OF FIRST AMENDED UNFAIR PRACTICE CHARGE

PERB CasE No. LA-CE-1193-M

I, David Garcias, am the President of Service Employees International Union, Local 221 ("SEIULoca1221 "}, Charging Party in the above-entitled action. I have read the foregoing FirstAmended Unfair Practice Charge of SEIU Loca1221, and know the contents thereof, and Icertify that the same is true of my own knowledge, except as to those matters which are thereinstated upon my information or belief, and as to those matters, I believe them to be true. If calledas a witness, I could testify competently regarding the matters alleged in the charge.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing istrue and correct.

Executed on this 12th day of July 2017, at Sa

143530022828

SEIU LOCAL 221 v. COUNTY OF SAN DIEGOChange to Dress Code

PUBLIC EMPLOYMENT RELATIONS BOARDCase No. TBD

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xx~HELEN H. FiC~B6lNS-MEYER CHIEF AQMIt~fSTFiATIVE OFFICE DON~3.0 F. ST~U~RGHIEF ADMINISiRATNE DFFIC£R 1 f A~ PACIFIC HIGHWAY: SUITE 2d~ SAN 01EGfl, CA 921a'~n2422 A5S7~ CHIEF ADM~tt sTRAT 1tE p~pGEpf{819) $3t~8228 ~ CWlEF UpER?.1lNQ OF~tCERFkX (Gi9j 557Jt060 {8i9) 53i-1940

FItX (6t9} 857-4080

Jung 13, 2tJ17 ;

TtJ: All County Employees

FROM: Helen N. Robbins-~t~leyer; ~-"r.+Chef Administrative t7fficer

COOL R p►~'YS ~~Q97

As we have a County tradition to dress "cool" during our summer mar~ths, I am again declaringJune 20 #hraugh :September Z1 ~s "Cool Summer Gays ire the County"

Effective Tuesday, June 20, 2 17, the County's observance of apprc~priat~ business casualattire, nc~rmaliy in place on(y an Fridays, will b~ extended to apply to every workday throughSeptember 21, 201 ~.

ff you are scheduled for meetings ar other activities that req~ir~ business attire, { wiEl cc~~tin~reto expect yc~u to dress accordingly. As always, ..each Appr~intin~ Authority is responsible forestablishing dress rules within their individual departments.

Enjoy our wonderful fan dfegc~ weather and have a great and coal summer 2Q~7!



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w~ncuir ~ecurennessag~r: rvv: cuir ~~r atxnmer

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i~rome Secstt, Mary JaneSent: i"uesday, JurSe 20, 2 17 3:56 PMTo: HNSA-~L, East Region; HHSA-DL, HCA-HOS; HNSA-DL North Central FRC; HHSA•Dl, ~acument Processing Center LG; Aher,Margaret; Amaro, Catt~rine; Burnett, C~ebbie; C:ak~nas, Yvette; Chase, Donna, Crist~ot~al, Aileen; Cuaaco, Cheri; Curry, Angel; Equ~pada,Krisantn (HHSA); Garcia; Erika; Grasse, t.ibby, ~aseph, t~eela; Kellum, Lisa; Earner, Beatrice; Losoya, 3uliefi~; Mumman, Man~eet;Navala, 7ennifer; Pasamante, Debbie; Phan, 5heena; Ramirez, Roberto; Romney, Shauna; Ruezga, Rosaiinda; Sandoval, Regina; 5traman,Sheleen; Vernekti, Lindsay; Wafi~, Charanpreet; Zurek, ThomasSubject: 2U17 Cool Summer

Sending to you an behalf of Kimberly G~ftcs,

As we move into warmer weather, I v✓ant to take this a~portunity to remind everyone of the expectation far youto maintaina professiana(appearance in the workplace. Staff are permitted to wear office ap~ropriat+e business casual apparel durEng'the work week. Cas~a1 clothing, such as jeans {including colored jeans) end sneakers of any kind should be reserved forFridays -except during "Cool Summer days in the Cnunty." Clothing that is not permii#ed at any time includes but is notlimited to flip fEops or ether unsafe shoes, shorts, tank tops, tights, beach or athletic wear and torn ar rev~~fing clothing. Itis your respartisibility tt~ use your best judgement in ~res~ ng appropriately, Cf you are uncertain if an article of clothing is.appropriate, chose something else or ask your Sup~rvisar or manager before wearing. ,There is also an I.MS anHne training iscalled"Extreme Makeover: P~nfess'ranalism rorri tote 1n~ide C~ut.~"

Please let your Supervisor, Manager or Departmental Human ~tesources OFficer knew if yt~u hive questions or concerns.

Thank you,

Kimberly Gana, Dirie~tarEast & Norkh Central RegionsCounty of San Diego hlealth $~ Human Services Agency~: 619-~'i6$-3866

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kMr~•~/roe nicrn~rvn/arn~nlnearv~anarlmeWanlrrttitCflC{Y~~EVsVvI~AThmf~APlAtiuA,tllAvAltAfMiR1~t~Aa?ifll'►7fliihhAmt IvKlT~liYm7m7i1t1ft~itAt IAhllttFwrt~f)F~v~(?ih'I !Ni

SEIU ~,OCAL 221 v. COiTNT~' OF SE4N DIEGOPUBLIC ~+ MPLOYMENT RELATIONS BOARD

Case 110. LA-CE-1193-1VI

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HELEN N. R088lNS-MEYER.GHtEr ADMINIS'(RATIVE OFFICER

(619)531-6226FAX: (61~)55T-40$0

July 11, 2017

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CHIEFADMINISTRATIVE O~FIGE DONALD F. STEUER1600 PACIFIC HIGHWAY, STE. 209, SAN DIEGO, CA 82101-2472 AS5T. CHiHFaUMINISTRATIVEOPFiCERt

Ct11EF OPERg7(NG OFFICER(819)537-4940

FAX: (618)557-x066

TO: SEIU-Represented Employees (AE, CL, FS, HS, MM, PR, PS, RN, SS,and SW Bargaining Units)

FROM: Helen N. Robbins-Meyer~~~Chief Administrative Officer

RESGlSSION OF COOL SU PVlER ~7AYS 2017

On June 13, 2017, l issued a memo entitled "Cool Summer Days 2017." Due to itspopularity, F continued a County tradition dating back over 15 years whereby employeesare given the option to dress casually all summer long due to the warmer weather.Employees are not required to do this; it is aniy optional. Otherwise, employees mustdress according to the usual and customary practice for their applicable division ardepartment.. In the last fifteen years, or even in the month since the most recent memowas issued, no complaint has been made by SEIU.

On July 3, 2017, SEIU filed an unfair labor practice charge with the Public EmploymenfiRelations Board alleging that the Cooi Summer Days firadition was nat negotiated withSEIU and therefore, is unlawful. The County disagrees. The Caol Summer Days is anestablished pest practice dating back over at least 15 years. Further, it is not amandatory practice, but is only optional for employees. Ta date, SEIU has never askedto meet and confer an the established practice. SEIU has demanded that the County"rescind khe 'Cool Summer Days in the County' summer dress code."

While the County believes SEIU's unfair practice charge is without merit, in order tomaintain p~sitiv~ labor relations with SEfU, the Cool Summer Days summer dressoption is rescinded far SEfU-represented employees as demanded by SElU. SEIU-represented employees will continue to follow their usual and customary practices fortheir division or department immediately,

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r=~~ ~~,~ pit~lic endployment relations board … · 5. the county has adopted a labor relation...

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r= ,~ pit~lic endployment relations board … · 5. the county has adopted a labor relation...