Riverside County ordered to pay affected SEIU 721 members back pay and interest penalties for violating labor laws in 2009.
After a lengthy legal process which lasted almost five years, the Public Employment Relations Board (PERB) has ruled Riverside County violated the rights of SEIU 721 members when it declared an impasse in 2009 and denied step increases to several hundred members whose anniversary dates fell on the last four days of July 2009. These workers are owed thousands of dollars in back pay and interest penalties.
“This victory is about maintaining hope and trusting our Union to fight for us. Having been involved in this case every step along the way, this is proof positive to me that justice can prevail and our Union will use every resource available to ensure workers’ rights are protected. “– Wendy Thomas, SEIU 721 Regional Vice President
On April 24, 2014, SEIU 721 negotiated an agreement in which the County withdrew their latest appeal and agreed to comply with the final PERB order.
PERB Order
• County must make whole, with 7% interest, all workers that were affected.
• The County is also required to notify all employees of this violation by posting the PERB order in all worksites and via email.
Click here to download the PERB decision.
Background
In November 2009, SEIU 721 filed an Unfair Labor Practice (ULP) charge against Riverside County after discovering anniversary step/merit increases had been withheld prior to the start of the new MOU on August 1, 2009.
In 2010, formal hearings were held before a PERB judge.
In 2011, the PERB judge ruled the County had violated labor laws when it imposed terms and conditions of employment on SEIU 721 represented employees in July 2009. He ordered the County to make these employees whole without interest. The County appealed the decision and the issue went before the full PERB board.
In March 2014, the PERB Board upheld the judge’s earlier ruling in SEIU 721’s favor and added a 7% interest penalty. The County had 90 days to file an appeal to the Superior Court.
Next Steps
SEIU and the County are still in the process of compiling the final list of affected employees. Once completed, all eligible employees will be notified by mail so make sure you have your current mailing address on file with SEIU. If you had an anniversary date in the last four days of July 2009, did not receive a step/merit increase, and believe you may be affected by this ruling, please contact your worksite organizer or call the 721 Member Connection at (877) 721-4YOU.
will those of us who have
retired receive our back pay?
Yes, any employee that is eligible (regardless if they retired or separated service from the County) will receive retro payment & interest for all monies owed. This ruling is specific to employees that had anniversary salary dates of July 28-31, 2009 and were not at top step yet. You can check to see if you are possibly eligible by checking your old pay advice from July 2009. The salary anniversary date and when you were due step/merit increases is listed in the upper left hand corner of your pay advice.
Do you have an estimate time table when staff will be notified or when the 30 day required posting (detailing ruling) at each county office will be implemented?
I work for the Riverside county transportation dept as a Assistant road maintanance supervisor.I got promoted in April of 2009.All my step increases & pay raises were froze.I just got my first increase last year in 11-2013.So in 4 years i had no step increase,no pay raise,& missed out on the 2 bonus pay checks because i was not topped out in this case i should of been.
When will the County finally pay us? We have been waiting for 5 years now? and when will the correct step be fixed on our paychecks?
On Monday 05/19/2014, HR advised SEIU that they were completing all the changes for the upcoming June increases first and then they would work on this PERB ruling after that. They had no specific time frame, but indicated they “may” have the list completed by mid-June for us to review. After we come to an agreement on the list of employees, it may take several more months for them to manually calculate all the back pay, issue retro checks & correct the new rate of pay/step on your current paychecks. The County will issue them as they complete them though & not wait until everyone has been calculated. Again, the affected employees will be mailed a notification letter once we have verified information from the County.