Delegates Elected to CSEA 2019 Annual Conference
On Wednesday April 17, Chapter members elected five delegates and four alternate delegates to represent them at CSEA’s 93rd Annual Conference July 29 through Aug. 2 at the Paris Hotel in Las Vegas. Those delegates are Barbara Carrillo, Mark Fernandez, Brandon Gillett, Yolanda Haro, and Calin Harris. Alternates elected were Abigail Morales, Steve Gomez, Cason Smith, and Irma Tepepa.
Chapter delegates will attend conference to vote on resolutions, adopt a budget, elect Association officers, and set CSEA’s course for the year ahead. More than 2,000 delegates, leaders, staff and guests are expected to attend CSEA's biggest event of the year. This year there are nine resolutions delegates will debate and decide. Some of these resolutions could alter CSEA policy, while others may require the writing of legislation to become new or modify existing law. Still, there are many members who may not realize the huge influence CSEA has had on educational laws.
In 1959, CSEA sponsored a bill that became known as the Classified Bill of Rights. These laws guaranteed classified employees the right to fair wages, benefits, job classifications, the 40-hour work week, sick leave, vacation and bereavement leave, laws prohibiting age discrimination, and more. This bill was described as “the most spectacular breakthrough in legislative achievements by any single organization.”
Annual Conference is CSEA’s most important meeting of the year, and delegates who attend get to witness the strength of our union, learn how our association operates, and, most importantly, participate first-hand in a member-run democratic union.
Background Checks for Temporary Employees
On May 1, Mt. SAC will implement its new policy requiring background checks or live-scan for short-term, professional expert, student assistant, and substitute employees (current and new) as part of their hiring process.
Hiring of these non-academic, non-classified employees does not require the same selection procedures as permanent employees, so the manager of the hiring department conducted all the recruitment, interviews, and hiring. However, the Education Code mandates a background check or live-scan on all employees, including temporary employees. The background check or live-scan is mandatory as a condition of employment. Many classified employees have expressed safety concerns regarding the hiring of temporary staff without a background check. This new policy will alleviate these concerns since the background checks are mandatory as a condition of employment.
Discipline for Social Media Postings
If you post something on social media, do you have an expectation of privacy? According to current trends in arbitration and court cases, no. If you post complaints or criticisms about your work or anyone at work, can you be disciplined? It depends.
If you need or want legal advice, seek counsel. CSEA union stewards cannot give advice on law. What stewards can do, though, is inform you of contract or college policy restrictions, practices, and college discipline procedures. If you are posting derogatory comments on a Mt. SAC social media platform, you may be at risk for discipline. If you post on, for example, your Facebook timeline, and that post is about work-related issues, then you may not be subject to disciplinary action.
The Education Code, Labor Code, National Labor Relations Act, and the California Public Employee Relations Board all have years of case law examples of what is called “concerted activity.” Concerted activity is protected speech. If you post on social media complaints or criticisms about work-related issues, and you engage in a discussion with others for the purpose of improving these work-related issues or for the purpose of organizing yourself to complain to Human Resources of even your union, then that more than likely would be considered “concerted activity” and protected speech. If you post negative comments, derogatory comments, or defamatory remarks about anyone you work with, and then a manager sees this and complains to Human Resources, then you could face disciplinary action if it violates Board Policy 3050, 3410, 3430, 3700, or others, unless it falls under “concerted activity.”
If you are concerned about social media postings being used against you, the best advice is not to post at all. Otherwise, contact your Chief Steward Elizabeth Jauregui or anyone on the CSEA 262 Executive Board for advice. In most cases, the old idiom “If you don’t have anything nice to say, don’t say anything” is probably very good advice for anyone. Just keep in mind, though, that when it comes to social media, you have no reasonable expectation of privacy. Assume that everyone you work with can read your post, and let that guide your actions.
Can Faculty Supervise Classified?
As a classified professional, what or who determines the work you are supposed to do? This question surprisingly comes up rather often. There are several factors that play into the work done by classified professionals. The primary guide is your job description. The work you were hired to do is outlined in the “Essential Duties” part of the job description. These are the main duties that you were hired to perform and must be done.
A manager’s job is, among several things, to give you direction as to what work to do, to prioritize your work, and to ensure operational needs of the department are met. However, when there are classified professionals working in classrooms or laboratory settings with faculty, faculty often ask the classified staff to perform duties. Inevitably, the question comes up, “Can faculty supervise classified?”
The short answer is No. However, faculty can ask classified staff to perform duties within the job description if that work is necessary for instruction to take place. For example, a lab tech in a chemistry lab must ensure the classroom is safe, that equipment is running properly, that necessary chemicals and solvents are stocked and available, and other duties. If faculty are preparing a demonstration, they can ask the classified lab tech to “prep the room” for the demonstration. That is perfectly fine.
Doing that is not “supervising,” however. The word “supervise” has a very specific meaning. A “supervisor” is someone with authority to hire, discipline, evaluate, set work schedules, approve vacation and other leaves, approve time sheets, and more. Faculty can do none of these things. Sometimes managers ask a lab tech to “check with the faculty” when asking for time off. Checking with faculty is the manager’s responsibility. Faculty might just say “No” because they need you the day you need to take off. Your manager, however, can find another lab tech to replace you and shuffle classified staff around to enable you to take the day off. Faculty are not authorized to do that.
For these same reasons, classified staff are also not authorized to “supervise” either, including hourly or student workers. Classified staff can ensure hourly or student workers are getting their work done, but they cannot do any work considered supervisory, including hire, evaluate, approve time off, sign time sheets, or any other supervisory duty. Classified can participate in hiring, can provide the manager with evaluative input, or can report to the manager if work is not getting done. In short, classified can only discuss issues with the manager. Sometimes managers want the classified staff to perform these supervisory duties. You have the right to respectfully decline, stating these are supervisory duties that you are not authorized to perform. Here’s why.
On more than one occasion, classified staff have performed supervisory duties over student employees. In one case, the classified staff member was not happy with the work the student was doing and so terminated that student. The student then filed a complaint in Human Resources for unlawful termination, which was upheld by HR. As a result, the classified staff member received disciplinary action. CSEA’s recommendation to all classified staff, do not supervise anyone!
If you are ever asked to perform supervisory duties by a manager, don’t argue with the manager. Don’t refuse. Immediately contact your chief steward or anyone on the Executive Board for advice. CSEA can communicate with the manager and/or HR and resolve the issue.
Member Benefits
CSEA Member Benefits is offering summer fun options at great savings for members and their families. Think CSEA for all your Summer fun and SAVE! From discounted tickets to water parks, theme parks, aquariums, zoos, movies, recreational activities and so much more, CSEA has your family summer fun needs covered! Many tickets are now available for purchasing online and printing at home.
Check out all the family fun activities and make your purchases at http://www.csea.com/fun!
· Water Parks: CSEA offers discounted tickets to Raging Waters (Sacramento, San Jose and LA), The Island Water Park, Wild Water Adventure Park, Knott's Soak City, SeaWorld's Aquatica and more!
· Aquariums and Zoos: Come play at Aquariums and Zoos across the state. Check out the aquariums and zoos for ticket offers.
· Theme Parks: Have fun in the sun this Summer! CSEA offers discounted tickets to major theme parks like Knott's Berry Farm, Legoland, Universal Studios, Six Flags Discovery Kingdom and Magic Mountain and don't forget Disneyland!
· Recreational Activities: Enjoy family time exploring new adventures with CSEA's Free KOA Value Kard, Roaring Camp or Yosemite Sugar Mountain Pine Rail Roads, Santa Cruz Beach Boardwalk, Santa Monica's Pacific Pier, K1 Speed, Boomers, and so much more! You can even dine like a pirate or king or queen with Pirates Dinner Adventure and Medieval Times!
For more information about all CSEA member benefits, visit http://www.csea.com/benefits. A user account is required to access CSEA Member Benefits. To create a user account, go to http://www.csea.com/createaccount and follow the prompts.
“To improve the lives of our members, students, and community.”
CSEA Chapter 262 • 1100 N. Grand Avenue Walnut, California 91789 • 909.274.6262 www.csea262.org