Union files Unfair Labor Practice against City's Library
On Sunday October 2, 2022, library workers across the City had to upend their lives and report to work to cover SJPL’s new and - for the time being at least - illegal Sunday hours. The very next day, AFSCME-MEF filed a law suit to force the City back to the bargaining table to negotiate with the Union on Sunday hours. That is the legal requirement the City has and is something the Library should have taken seriously months ago instead of just dismissing the needs of hundreds of library staff citywide.
AFSCME-MEF has been pushing back on Jill Bourne and SJPL management since the first day they brought this to the Unions attention. The fact is, rushing to open library branches on Sundays to meet an imaginary deadline, when we don't have the staff needed, we don't have the security we need, and many of us have prior Sunday obligations, is not only bad for staff - it’s bad for patrons too.
The City violated the law when they proceeded to open library branches on Sundays without first negotiating the effects with the Union. As a result, the Union has filed an Unfair Practice Charge or Unfair Labor Practice (ULP) against the City with the California Public Employees Relations Board which oversees public employers in our state. An unfair practice charge filed with PERB is evaluated to determine whether a prima facie case of an unlawful action has been established. In this case, the illegal action is the library moving forward with opening on Sunday despite a demand from the Union to enter into effects bargaining The Union establishes a prima facie case by alleging sufficient facts to permit a reasonable inference that a violation of the (in our case) MMBA, has occurred. Assuming the Board determines that a charge states a prima facie case of a violation, a formal complaint is issued. The City is then given an opportunity to file an answer to the complaint.
Once a complaint has been issued, the Board calls the parties together for an informal settlement conference, usually within 30 days of the date of the complaint. If settlement is not reached, a formal hearing before a PERB ALJ is scheduled, normally within 90 to 120 days of the date of the informal conference. Following this adjudicatory proceeding, the ALJ prepares and issues a proposed decision.
In short, it’s going to take some time to force the City back to the table through legal means. But through collective actions, we can get the same result - getting the City to get back to the bargaining table and negotiate in good faith the effects that opening on Sundays has on hundreds of library workers and our families - not to mention the public.
The Union is going to continue our fight for safety and fairness. It may take everyone standing together to send a message loud enough to Jill Bourne and others that, we demand safety, we demand respect, and we demand the library follow the law.
Check back here for updates and contact an MEF Library Steward or Officer to get Involved. mef101.org/contact
