VALIDITY OF EXISTING COURT ORDER CONCERNING ESSENTIAL EMPLOYEES

 

 

DATE:              March 24, 2006

RELEASE:      Immediately

CONTACT:   Chris Hirsch,

                          Assistant Public Information Officer

 

SEIU is contacting Essential Employees and claiming there is no valid Court Order in place regarding who is an Essential Employee.  This is false and Essential Employees must come to work. 

 

The County does not challenge the Union’s legal right to engage in organized work stoppages.  However, the law also recognizes that certain public employees are essential to protecting the public’s health and safety. 

 

The County feels that it is important for everyone to know the facts and we provide the following for your information (the Office of the County Counsel has documentation in support of these facts):

 

·        The Order (with which you have all been served) stemmed from an enforceable agreement negotiated by SEIU legal counsel, Antonio Ruiz, Vin Harrington’s partner in the law firm Weinberg, Roger & Rosenfeld, which continues to represent SEIU.

·        SEIU and the County agreed that the Court Order would remain in effect until negotiations resulted in a new contract for SEIU Local 415.

·        The Superior Court Order can only be invalidated or changed by a new order of the Superior Court.  The Union’s law firm knows this, yet has done nothing to return to Superior Court to change the Order.

·        The list of Essential Employees agreed to by the parties and identified in the Order is virtually the same list of positions that the Court ordered as essential in 1999 and 2002 after a contested hearing in which the Union’s lawyers participated. 

 

As was the case in 1999, 2002 and earlier this month, strict compliance with valid court orders guarantees the rights of both the public and employees.  Please contact this office or SEIU Local 415 if you have any questions regarding the foregoing.  Thank you for your continued adherence to the Court Order.