Essential Workers Sound Alarm as County’s 3rd Largest Employer Disregards Labor Laws and Abuses Disaster Service Authority – Sends County Nurses into Private Nursing Homes with COVID-19 While Refusing to Share Hazard Information nor Discuss Safety Concerns
“This does not bode well for a safe re-opening process”, says SEIU 521 Santa Clara County Chapter President Janet Diaz
Review the complete Unfair Labor Practice charge: https://bit.ly/SccCOVID19PERB05062020
SANTA CLARA COUNTY, CALIF. – On Wednesday, May 6, 2020, unions representing the largest percentage of employees working for the County of Santa Clara, RNPA (Registered Nurses Professional Association) and SEIU Local 521 jointly filed an Unfair Labor Practice (ULP) charge with the California State Public Employment Relations Board (PERB), detailing the County’s consistent unlawful disregard to adhere to labor obligations as outlined in the Meyers-Milias-Brown Act (MMBA). The charges stemmed from the experience of Registered Nurses and Licensed Vocational Nurses who were sent into nursing homes that were COVID-19 hotspots.
The charge states:
The County of Santa Clara has unilaterally assigned RNPA and SEIU Local 521 members to skilled nursing facilities, providing such employees false assurances that they would treat only COVID-19-negative patients, and be adequately supervised, trained and provided with Personal Protective Equipment. Nothing could be further from the truth. The County bypassed RNPA and SEIU Local 521 and continuously refused to provide them prior notice or opportunity to bargain over these unilateral assignments, even in the face of clear and reasonable demands by RNPA and SEIU Local 521 to meet and be provided with information, and even when presented with credible complaints from County employees that the assignments at the skilled nursing facilities exposed them to life-threatening workplace hazards.
County workers recognized state-wide and nationally for essential contributions to public health and safety during the COVID-19 crisis have urged the County’s Labor Relations Department to address their concerns and assignments with their unions to no avail. This improper approach to worker-management relations in the middle of a pandemic dangerously affects the confidence in workers’ safety and morale.
Confidentiality Agreements Imposed on Workers
In early May, the County again demonstrated their disregard for transparency at a time when public information is vital by imposing a Confidentiality Agreement on county workers assigned to duties related COVID-19. On May 8, SEIU 521 sent a cease and desist notice regarding the Confidentiality Agreement but was again ignored.
“Santa Clara County must work together with its employees to reach our common goal: provide essential services to residents while ensuring the safety and well-being of workers, patients and the communities we serve,” said Janet Diaz, Patient Service Clerk at Santa Clara Valley Medical Center & SEIU 521 Chapter President. “It is our belief that the County’s Labor Relations have abused their authority under the Disaster Service Act as it does not allow the County to disregard our contract or labor laws. Now more than ever, the County should be sharing information and listening to the concerns of frontline workers. Therefore SEIU 521 and RNPA had no choice but to jointly file an Unfair Labor Practice charge against the County.”
“RNPA is extremely concerned at the County’s reluctance to work with the two unions who represent approximately 16,000 employees combined,” said Debbie Chang, Registered Nurse and President of RNPA. “Our registered nurses have been placed in very dangerous situations without adequate planning or PPE (Personal Protective Equipment) and little regard for their safety.”
Cal/OSHA opened has opened an investigation in response to the April 17, 2020, imminent hazard complaint filed jointly by SEIU Local 521 and RNPA.
“In this pandemic, failures can cost lives,” added Marilyn Mara, a Public Health Nurse/RN for Santa Clara County and SEIU 521 Union Member. “Our co-workers at the front-lines deserve to get sufficient personal protective equipment (PPE) and medical supplies. For the safety of our workers and the public the County must discuss the details of the assignments as Disaster Service Workers with its employees and their unions, SEIU & RNPA.”
Review the Unfair Labor Practice charge filed on May 6, 2020: https://bit.ly/SccCOVID19PERB05062020
Frontline workers remain very concerned that the County’s plans to reopen include all necessary precautions to protect its workers and the public served. County facilities from clinics, to parks, to libraries, to jails, to offices are locations where tens of thousands of individuals encounter one another and with employees. It is imperative that frontline workers be at the table when plans to reopen are developed.
The following statement can be attributed to Vanessa Corea, Santa Clara County Social Worker & SEIU 521 Union Member.
“My Disaster Service Worker orientation was confusing and aggravating. Ten Social Workers were placed in a small room, no temperatures were read and communication with County management was unclear and unhelpful. I am a single parent of three and as an Extra Help worker I don’t receive health benefits. I cannot protect my family if I become exposed to the virus. It is crucial that the County listen to its workers who are on the front lines.”
Patrick McMurray, a General Maintenance Mechanic at Valley Medical Center expressed the following statement after being exposed to and contracting the COVID-19 virus along with at least 15 co-workers at the VMC Boiler Room.
“My concerns are about safety: safety for my family, my community, my health and for at least 15 of my co-workers who contracted the virus, due to the County’s disregard for our safety. Why weren’t my co-workers and I provided proper PPE when management had knowledge of the COVID-19 virus spreading to our department? We’ve done everything the county has asked of us and more to protect the well-being of our residents. I asked the County to address our safety concerns with our union and ensure the proper protocols are in place to protect our workers and community.’’
“The attitude we have seen from the county’s labor relations does not bode well for a safe re-opening process in Santa Clara County,” Janet Diaz said, “Front line workers know firsthand what is happening in all the places where the public comes into county facilities. We feel it is imperative that the Board of Supervisors intervene so that the County’s Labor Relations do not shut us out of the return to work planning process.”
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About SEIU Local 521
Service Employees International Union, Local 521 represents 12,000 public-sector workers at the Santa Clara County. Under a Community First vision, we are committed to making sure the needs of our community, and the vital services we provide our community, come first. We believe our communities thrive when residents, leaders and workers recognize that we are all in this together when it comes to our safety, health, and well-being. https://www.seiu521.org
