Articles

EAA’S SIGNIFICANT ACCOMPLISHMENTS SIX MONTHS ENDING APRIL 2007

BENEFITS FOR THE GENERAL MEMBERSHIP/GROUPS OF MEMBERS:

• For the first time in its history, EAA delivered and the members approved new MOU’s before the expiration of the previous MOU’s. This provides stability for the members for over 3 years and allows EAA to concentrate on other workplace issues.

• EAA produced an historic agreement with the City that acknowledges the seriousness of the disparity in wages and benefits between EAA represented employees and employees of the Department of Water and Power. This agreement includes legally binding language ensuring the City will negotiate in good faith and that a solution will be implemented by a date certain.

• Ms. Debbie Cabeza, an EAA member and strike captain, was honored by the Harry Bridges Institute as a Caesar Chavez Labor Person of the Year, a first for EAA. For more details, see the article posted on this website after the event held on March 25, 2007.

• Mr. John Larson, EAA Labor Representative, was honored by being named to the Advisory Board for the Harry Bridges Institute. The Harry Bridge Institute is dedicated to furthering unionism throughout southern California and particularly in the area of the two local ports. As stated on their website “Remembering and preserving Labor's past. Breathing new life into trade unionism today. Working to secure Labor's future for generations to come.”

• Mr. Angel Calvo, EAA Senior Labor Representative, became a member of the Jewish Labor Committee’s Marketing Subcommittee, a considerable honor and the first time an EAA member or employee has participated at this level of involvement in that organization.

• Mr. Larson continued EAA’s active participation in the labor movement by joining the Port of Los Angeles/Port of Long Beach Labor Coalition. He works with many other labor unions on common issues and on mutual assistance.

• Intervened in a proposal by the Bureau of Sanitation (BuSan) to change the class titles of the Sanitary Engineering series from “Sanitary” to “Environmental”. EAA ensured these members remained in the negotiations for parity with DWP and additionally took the position that reclassifying the members as “Civil” engineers would give greater transfer and promotional opportunities for the members and a more diversified labor pool for BuSan and other Bureaus.

• Negotiated a 2.5% bonus for acting lead positions in the Operations Group at Van Nuys Airport.

• Negotiated a change from the “buddy system” to a formalized bid system based on seniority for Operations shift assignments at Van Nuys Airport.

WINS BY STAFF FOR INDIVIDUAL EAA MEMBERS

• Negotiated a settlement regarding the termination of an exempt member at the Community Development Department (CDD). The settlement included almost $50,000 for the member, a change in status, and sealing of records. For further details of this action by EAA, see the article posted on April 12, 2007.

• Overturned an NTCD and prevented it being inserted in a member’s personnel file at the Bureau of Engineering (BuEng) by demonstrating improper application of discipline.

• Achieved reinstatement and 19 months back pay for a member at Los Angeles World Airports (LAWA). In addition, the member did not have to serve a new probationary period. This was the member’s initial City job and the member would have been working for some entity other than the City without this action by EAA. The member had been improperly terminated on probation.

• Successfully reduced the time in file of a member’s NTCD at CDD from 5 years to 2 years through the EAA’s arguments.

• A member at LAWA was reinstated after his termination from City employment due to EAA’s actions. This member was improperly terminated based on unproven allegations of falsifying records and would have faced a new job search had our efforts not been unsuccessful.

• Negotiated a reasonable accommodation for a member at BuEng who had been injured on the job and not allowed to return to work. The member is now happily at work in a productive capacity.

• A member at the Department of Transportation (LADOT) had a proposed disciplinary termination for cause reduced to a 30 day suspension. EAA successfully argued that the termination was overly harsh and that the employee deserved another chance in a last chance agreement.

• Won a grievance regarding step advancement for a member at the Police Department (LAPD).

• Charges against two members at the BuSan regarding their activities during EAA’s job actions were dropped due to EAA successfully arguing a lack of evidence in the case.

• Achieved reduction from a 20 day suspension to an 8 day suspension for unauthorized use of City equipment by a member at BuEng.

• Allegations involving false and misleading statements were removed from a complaint against a member at LAPD and no record of these allegations remain in the employee’s file.

• A member at the Department of Recreation and Parks (Rec. & Parks) was being worked out of class. EAA negotiated a 1014 transfer to the proper Civil Service class for this member, which additionally allows enhanced transfer and promotional opportunities for the member.

• An Unfair Employee Relations Practice (UERP) filing by EAA on behalf of ten members at LADOT regarding promotional opportunities resulted in the addition of one position in the next higher class of their promotional ladder. All ten members now have the opportunity to promote to this position.

• At the Finance Department, a member’s grievance handled by the EAA resulted in mileage being granted for the Civil Service classification, not the particular position.

• Suspension for ten days of a member a Cultural Affairs was overturned by EAA at the Civil Service Commission, resulting in the award of back pay and removal of the suspension from records.

• The EAA labor representative for LACERS obtained a salary increase (supervisory differential) for a member who was supervising others making the same salary.

• Termination of a member in the Treasurer’s Office was reduced to a 30 day suspension due to EAA’s representation at the Skelly hearing and was subsequently reduced to no discipline whatsoever when EAA successfully argued for insufficient evidence at the Civil Service hearing. All records of the allegations and proposed discipline are purged from the member’s records.

• One Zoo and three Rec. & Parks members were moved from “intermittent” part time to “half time” status. This increases employment benefits to the members. EAA discovered that the City was improperly utilizing provisions from an AFSCME MOU that allows the City to keep employees on intermittent status for a longer period of time. The provisions applicable to EAA members are more advantageous to the employees.

• Eliminated a 20 day suspension of a member for insubordination at BuEng by arguing the member was close to retirement so the suspension served no purpose. BuEng agreed to hold the suspension if the member actually retired within a reasonable specified period.

• Probationary termination of a member at the Bureau of Street Services was changed to a voluntary reversion because of EAA’s intervention. In addition, all records regarding the incident are sealed and inaccessible to any City department or employee.

• Perceived harassment of members working for the Controller’s office was eliminated by transfer of the harassing supervisor. In addition, EAA negotiated a means of avoiding future retaliation against these members through an agreement with management regarding their resumes for the time they reported to this supervisor.

• Harassment charges against a member from LAWA, who was represented by EAA, were dropped at the investigatory stage.

• A BuSan member’s 5 day suspension regarding outside employment was reduced to a “counseling memorandum” because of EAA’s actions.

• LAPD granted back pay and the future bonus required by Note 5 of MOU 21 when the member was represented by EAA in the grievance.

• The UERP claim filed by EAA regarding a change in working conditions was granted for a member working at the Personnel Department. The member’s job responsibilities reverted to their former state.

• Supervisory differential pay, including back pay, was awarded to a member at LAPD when the grievance was pursued by EAA.

• A BuSan member’s disciplinary suspension was reduced from 20 days to 1 day through persuasive arguments by the EAA labor representative.

• Unpaid overtime was the issue in a grievance for members at the Personnel Department. Four members were awarded retroactive overtime pay after EAA successfully argued their grievance.

• An out of class situation at LADOT was granted in favor of the member. The member was additionally awarded back pay for the time being worked out of class.

• General Services was directed to change AW time to LW and to grant back pay as a result of the UERP EAA filed involving management interference with protected activity.

• A proposed 5 day suspension of a member at LAPD was reduced to a written admonishment through the efforts of the EAA labor representative.

• A grievance filed at LADOT regarding a written reprimand was resolved in the member’s favor. The reprimand was removed from all records after EAA argued persuasively.

• A member at LAWA received a new probationary period after being failed on the first one for a promotional position. EAA made the persuasive arguments requiring this settlement.

• After being terminated for alleged activities outside of City employment, a Rec. & Parks member received two years back pay, reinstatement, and the sealing of all records. EAA argued successfully on the member’s behalf at the Board of Civil Service Commissioners.

• The Office of Disability stopped working an EAA member out of class when the issue was pursued by EAA.

• Suspension of a member for 20 days by the LAPD was reduced to no suspension at all when the issue was properly presented by the EAA labor representative.

• Negative accusations in an e-mail to a member from a supervisor was the issue addressed by EAA in a case at LADOT. The negative e-mail was permanently deleted from all records.

• An untimely and unfavorable annual review was completely withdrawn from the records at the Fire Department due to the procedural violations discovered and argued by EAA.

• Probationary termination was changed to voluntary reversion at Rec. & Parks for a member. The member was accused of procedural and regulatory violations in a supervisory capacity and the member’s supervisor elected to utilize probationary termination in lieu of the proper enforcement of disciplinary action. The reversion agreement additionally assured that the member was not disciplined for the alleged violations.

• MOU 21’s Note 5 bonus was awarded to a member at LAWA, including 18 months back pay, after persuasive arguments by EAA at the arbitration.

• Animal Services reduced a potential suspension to an oral warning with an EAA negotiated agreement between the member and the member’s supervisor on the proper procedures to follow in the future.

• A 15 day suspension without pay of a member at Finance was changed to a 15 day paid administrative leave after EAA handled the case.

• LADOT reduced a 15 day suspension of a member to ten days of paid administrative leave and a 5 day suspension. This occurred due to successful negotiations by the EAA labor representative.

• LAPD settled a grievance regarding denial of vacation in favor of a member due to successful arguments by EAA.

• Three grievances by a member employed at BuSan were successfully resolved and resulted in considerable accommodation of the member by BuSan. EAA demonstrated that BuSan did not offer the member a satisfactory opportunity to address these issues without resorting to the grievance process.

• LAWA reduced a suspension of a member from 30 days to 5 days for the member allegedly requiring excessive supervision. The EAA representative successfully argued the discipline was overly harsh for the severity of the offense.

• Building and Safety reduced a suspension from 20 days to 5 days for a member accused of improper on the job behavior. EAA argued that the initial penalty was excessive for the offense.

• A faulty and negative evaluation of a member at LAPD was overturned and a new evaluation prepared after the flaws were revealed by the EAA representative.

• An arbiter of a case, involving a member at Personnel, regarding advanced pay grade requirements ruled in the member’s favor. The member was upgraded to a higher pay grade.

• An NTCD issued to a member at BuEng for leaving the workplace without authorization had its time in file reduced from 5 years to 2 years.

• Suspension for 30 days was reduced to suspension for 10 days for a member working at LAWA. EAA argued the suspension was excessive given the member’s overall work history and prevailed.

• Several employees were re-assigned from one department to another after EAA persuaded the hearing officer in the grievance that these positions were more appropriate in the department desired by the members.

• LAPD resolved a grievance by awarding a member a larger desk with ergonomic accessories after EAA insisted on reasonable accommodation for the member.

• A demoted member at BuSan was happily reinstated to a higher level position through the efforts of the EAA representative.

• To assist a member with sick pay for an extended illness, EAA was able to persuade management at CDD to liberally interpret the member’s sick pay anniversary date.

• A grievance filed at LAPD successfully eliminated a 5 day suspension at LAPD and required LAPD to award back pay to the member.

• Termination of a member by CDD was successfully negotiated to a voluntary resignation by EAA. Additionally, the member received back pay and all documents regarding this case were sealed.

• Overtime pay was awarded retroactively to an EAA member at BuEng after a grievance was prosecuted by EAA’s labor representative.

• Back pay was the result of an arbitration for a member at LAPD. The arbiter overturned a 3 day suspension of the member through the persuasive efforts of EAA.

• An NTCD caused a member at CDD to utilize EAA for handling a grievance regarding the NTCD. As a result, the NTCD will remain in file for only one year instead of the customary five years. At that time, all records of the NTCD will be permanently