An ACSS member has asked us if ACSS is pursuing grievances related to the loss of Columbus Day and Lincoln’s birthday as holidays, as SEIU Local 1000 is doing. ACSS President Arlene Espinoza responded directly to this member:
As excluded employees we are not covered by the Ralph C. Dills Act, which allows collective bargaining for state employees. “Excluded employees” – most supervisors, managers, confidentials and exempts – are under the Department of Personnel Administration, the Legislature and the governor for pay and benefits. We do not bargain or have employment contracts.
It is not a perfect bill and we are trying to strengthen the language. We will continue pressing for better-defined rights for excluded employees. However, this bill does recognize excluded employees’ “fundamental roles in the management of state government,” permits them to form employee organizations and requires that the state meet and confer with these organizations on matters of compensation and benefits. However, these meet-and-confers, as we call them, do not lead to contracts.
The fact that ACSS is not a bargaining unit is key to answering your question. Our benefits are subject to the governor’s and Legislature’s orders. When the Legislature passed the February budget revise bill cutting Columbus Day and Lincoln’s birthday as holidays, and the governor signed it, excluded employees lost these two days as holidays. Bargaining units can negotiate to restore those holidays, but we do not have that right. By the same token, then, we cannot file grievances when we have to work those days.
Local 1000’s lawsuit is based on the language in their contract. ACSS has not joined SEIU Local 1000’s litigation for the reasons stated above. If Local 1000 prevails, and restores the holidays to its members, the provisions could be passed on to excluded employees. If they are not, then we may have grounds for legal action based on disparate treatment
ACSS did work directly with the State Compensation Insurance Fund on eliminating furloughs for its employees (including managers and supervisors) because language in the insurance code covered this issue. SCIF’s excluded employees are no longer on furlough.
We have asked our members to provide us with any information in their departments governing codes (such as the insurance code) that would allow us to take legal action to restore excluded employees’ pay and hours. That being said, we have to keep in mind that ACSS is a volunteer membership association with about 7,000 members. Our maximum monthly dues are $36. We do not have unlimited funds. What funds we do have we must use wisely. So we must feel sure we have a winning angle before taking legal action.
What ACSS does provide is “career insurance.” Since you are a new supervisor, you are most likely on probation. Should you ever need advice or representation related to your job, we have labor relations representatives who can assist you. We also do legislative advocacy for our members. Here is the link to the Web site that can better explain these.
About every 10 days to two weeks I write a review that is posted on the Web site that updates members on what ACSS has been doing on their behalf. There is a link to this review on the ACSS Web site home page.
Thank you for you question. I am certain this information will clear up this issue for many of our members. Feel free to contact us any time.