Marin court violation alleged
State regulators have filed a complaint against Marin County Superior Court alleging unlawful interference with the union activities of employees.
The complaint was filed last month by the Public Employment Relations Board, which administers collective bargaining laws. The alleged misconduct happened in late 2019, but the inquiry stretched through 2020 and into this year because of pandemicrelated delays, according to the board.
The Service Employees International Union, Local 1021, alleges that two court managers intimidated employees during a period of contract negotiations. The
union represents about 70 clerks and other staffers at the San Rafael courthouse.
The alleged misconduct occurred on Dec. 13, 2019, when the union “organized a ‘unity break’ to encourage communication and solidarity,” the union said in its complaint. The gathering was set during a regular 15-minute rest break.
The union alleges that one supervisor stood by and appeared to record the event with a phone and take notes. Meanwhile, in a different room where employees were present, another supervisor was “actively lobbying” against union activities and encouraging workers to accept the management’s terms, the union alleged.
The Public Employment Relations Board complaint alleges that
the conduct violated about half a dozen government code sections and board regulations.
James Kim, the court’s executive officer, declined to comment on the investigation, but a filing by the court’s lawyer outlines its position. The lawyer denied misconduct by the managers and said employees “engaged in an unlawful demonstration” that “constituted an unlawful work-stoppage.”
Joel Evans-Fudem, a union representative for the court employees, did not respond to a request for comment.
Felix De La Torre, general counsel for the Public Employment Relations Board, said the court and the union are scheduled to have a mediation session on March 1. If
there is no resolution, the matter will be heard by an administrative law judge.
De La Torre said any sanctions would be on the court itself, not the managers.
“The possible remedies are difficult to list because the board has
broad remedial powers and can order any remedy it determines effectuates the purposes of the law,” he said.
The board handled 547 unfair practice charges and issued 101 decisions in the 2019-2020 fiscal year, according to its annual report. Its jurisdiction covers more than 2.5 million public sector employees and more than 5,000 public employers.