Pay Equity and Other Rights: You Can Thank CSEA For This
You may have heard quite a bit about equal pay in the past few months. The issue was raised during the Golden Globe Awards at last Sunday’s broadcast. In December, the Walt Disney Company lost its attempt to squash a class-action lawsuit regarding gender-based pay inequity by current and former female employees. The issue of equal pay is a controversial and divisive subject in many circles. The reality is that pay inequity not only exists but affects virtually every aspect of our society.
Pay inequity impacts Social Security, healthcare, higher education, the middle class, criminal justice, immigration, LGBTQ+ rights, economic growth, and even climate change. In private industry, when someone is hired, either a man or a woman, he or she typically negotiates a starting salary. This is where the pay inequity begins. Often a man applying for the same job with the same duties and the same hours is able to negotiate a higher salary than a woman.
But not for classified professionals here at Mt. SAC. You can thank your union, CSEA, for this.
One of the greatest advantages to working in a union shop is that the union negotiates salaries and benefits with the District, which is applied to classifications, not to individuals. If you apply for an Administrative Specialist position and get hired, your salary is based on the negotiated salary schedule (which you can find as Appendix A and B in the contract), and a male employee earns the exact same salary as a female employee. Longevity earnings are also exactly the same for a male and female CSEA member. You earn the same number of sick days. Even vacation days are exactly the same (although this increases with years of service).
Some people may argue that some of these benefits are embedded in the Education Code. This is true. But guess what? It was CSEA that got many of these laws passed through legislation sponsored by CSEA. One of the most impactful is known as the “Classified Bill of Rights” passed in 1959, which has been described as “the most spectacular breakthrough in legislative achievements by any single organization.”
In short, your union ensures there is equal pay and benefits for equal work. Next time you hear someone complain about unions or wonder how unions benefit them, remind them that it was the unions, CSEA particularly, that brought them the right to organize, the right to collective bargaining, the right to overtime pay, paid holidays and vacations, and the right to permanent status after passing probation. If you want to learn more about what CSEA has done, you can read the “CSEA Wrote the Book” pamphlet by following this link.
You can thank CSEA for this.
It’s Time for A Break
Breaks and lunches are topics that come up quite often, so a bit of explanation may be appropriate. Under the California Labor Code, all employees are entitled to two kinds ofbreaks: a rest period and a meal period. The questions that come up most often are: Are these breaks required? Are they paid? When do I take them? Can my manager call me back to work during a break? If I only work part-time, am I still entitled to a break?
This last question comes up the most often. In the past, prior to 2000, almost all Mt. SAC classified staff were full-time, and there were very few part-time permanent classified employees. Today, part-time permanent classified employees make up a significant number of our membership. Rest and meal periods are determined by the number of hours you work and your schedule, so let’s break it down.
Under the CSEA 262 contract, if you work four hours, you are entitled to a 15-minute break in the middle of the shift. You are not entitled to a lunch period. If you are part-time and work a five-hour day but no more than six hours, you are entitled to a 15-minute rest period and a minimum 30-minute lunch period; however, the lunch period may be waived with mutual agreement with the manager. If your manager refuses to allow you to waive your lunch period, notify a union steward to mediate. You cannot, though, waive your lunch or rest period to shorten your workday. Meal periods are considered duty-free, which means your manager cannot ask you to work during your meal period nor can your manager refuse your meal period. Meal periods can be one hour with mutual agreement with your manager. Meal periods are not paid time. If you are part-time but work more than six hours a day, then you are guaranteed both a 15-minute rest period in the middle of your shift and a 30- to 60-minute, duty-free meal period.
If you are a full-time employee, the way it breaks down is this: work two hours, then get a 15-minute rest period. Work two more hours (total of 4 hours), get a 30- to 60-minute meal period. Work two more hours (total of six hours) and get another 15-minute rest period. Work two more hours (total of eight hours) and then go home. If you are full-time and work an alternative schedule (a 4/10 or 9/80 schedule), the rules are slightly different. You are still entitled to a duty-free, 30- to 60-minute meal break at the midpoint of your shift. Your rest periods, however, are 20 minutes rather than 15. The rest periods should come at the mid-point of your shifts prior to and following your meal period.
Sick Leave and Doctor Notes
When you are out sick and return to work, do you need to bring a doctor’s note stating you visited the doctor or to clear you for work? This is another question that comes up quite often, especially during the flu season.
If you are out sick for five days or less, you are not required to provide a doctor’s note to return to work. If you are out sick for more than five days, then you might be asked to provide a doctor’s release to return to work. This is to ensure you are well enough to work and to ensure other employees are free from exposure to anything contagious (like a cold or the flu or any communicable disease). However, this would only be required if the manager requests a note.
As a reminder, taking sick leave is not a request to your manager. You do not need to explain the reason you are taking sick leave or divulge any information about your condition. Managers cannot even ask why you need sick leave as that would be a violation of your Health Insurance Portability and Accountability Act (HIPAA) rights. Which brings us back to the doctor’s note.
If your manager demands you to bring a doctor’s note indicating an office visit or a clearance to come back to work, you can refuse because managers cannot ask you for these notes. Managers need to request Human Resources to request a note from you. Human Resources will determine whether the request is valid and necessary, and HR will contact you for the note. If you do bring a note, do not give the note to your manager. Bring the note to Human Resources. HR will inform your manager you are cleared and nothing else. Why you were out sick or whether you visited the doctor is none of your manager’s business.
Can you be out sick ”too much?” Not really. As long as you are legitimately using the sick leave for your own illness or to care for a family member (under the California or Federal Family Leave acts) and not just taking a day off to go shopping, you can use as many sick days as you need. If you run out of sick days, you would start with your 100 half-days, where your absence will result in only half-pay for that day. Once that runs out, you will be docked pay.
There is a point where if you are out sick several days a month your work may be impacted. Either your work is not getting done, you miss important deadlines, your work is substandard because of missing days, or other employees have to do your work, which impacts their work, then Human Resources may request an accommodations meeting to determine options. However, even at this meeting your condition or reason for being out sick will not be discussed or revealed. The only discussion will be how to ensure the work is getting done and whether your absences can be accommodated by the department and manager. During this meeting you are also entitled to CSEA representation if you are a CSEA member.
Welcome to Mt. SAC: New Classified Professionals
At the November 13 Board of Trustees meeting, the college welcomed the following new or promoted classified employees:
Permanent New Hires
Jason Hayman, Computer Facilities Assistant (English as a Second Language)
Kevin Mark, Athletic Trainer (Kinesiology, Athletics, and Dance)
Kevin Truong, Fiscal Specialist (Fiscal Services)
Promoted Classified Professionals
Maria Cornejo, Admissions and Records Specialist II (Admissions and Records)
If you happen to see any of these colleagues during your day, extend a warm welcome, invite them to lunch, show them around, and make them feel welcome. Bring them along to the next Chapter meeting so they can introduce themselves.
Union Steward Training Level 1
The benefits of being in a union don't stop with job rights and better wages. Unions help their members to excel in their careers and reach the top of their professions. CSEA offers many training opportunities throughout the year designed to help you improve your knowledge on the job and to sharpen your skills as a CSEA volunteer.
Level 1 participants will be able to identify the important roles and contributions of unions to our society; articulate the important role of Union Stewards within their chapters; explain the structure of CSEA to fellow members; summarize the rights of a Union Steward; utilize effective interviewing skills when conducting a grievance investigation; and differentiate between what is a contract violation/grievance and what is not.
Each participant must complete the required skill/knowledge reinforcement activity(ies) in his/her chapter to proceed to Union Steward Training Level 2.
When: Saturday, January 25, 2020
Time: 8:30 a.m. - 9:00 a.m. Registration and Light Breakfast Snack
9:00 a.m. - 3:00 p.m. Training
Santa Fe Field Office • 4600 Santa Anita Avenue • El Monte CA 91731
Parking and entrance to the RTC located in rear of building
To RSVP for this location, please call (626) 258-3315, sfforsvp@csea.com or Click Here
Enrollment is limited to the first 50 participants on a first-come first serve basis. RSVP is mandatory no later than Wednesday, January 22, 2020.
CSEA Pre-Retirement Seminars
By Beverley Heasley, CSEA Chapter 262 Pre-Retirement Resource Specialist
Looking for information you need to maximize your pension benefits? CalPERS will be presenting and will provide informational booklets at the upcoming CSEA Pre-Retirement Seminars listed below. Additional information will be provided on Social Security and the CSEA Retiree Unit. All seminars are on Saturdays from 9 a.m. to Noon.
January 25, 2020
California School of the Arts*
Performing Arts Center
1401 Highland Avenue
Duarte, CA 91010
(Attendance at this seminar allows you to request an individual appointment with CalPERS 90 days in advance of your retirement date. A CalPERS presenter will provide booklets. Additional materials, including Social Security and Retiree Unit information, will be distributed by CSEA.)
Gordon H. Beatty Elementary School Auditorium
8201 Country Club Drive
Buena Park, CA 90621
February 8, 2020
CSEA Regional Training Center
Santa Fe Field Office - 2nd Floor
4600 Sana Anita Avenue
El Monte, CA 91731
March 14, 2020
Upland Jr. High School
Multipurpose Room/Gym
444 E. 11th Street
Upland, CA 91786
Donate to the Australian Red Cross
By now you have probably already heard about the devastating bushfires in Australia that have destroyed millions of acres of land, displaced thousands of people, and killed hundreds of thousands of animals. Smoke has invaded cities and suburbs, making breathing difficult and forcing people to remain indoors. Californians are very well aware of the devastating effects of wildfires. CSEA members have given generously to assistance funds to help our CSEA brothers and sisters. Now you can help our Australian friends if you are so inclined.
The Australian Red Cross is providing shelter and resources to the thousands of Australians whose homes have been destroyed by the bushfires. Red Cross volunteers are running evacuation centers and working to reunite separated families. The organization is educating communities about how to prepare and providing long-term recovery programs for areas affected. As bushfires affect communities across Australia on an unprecedented scale, Red Cross is right there, providing practical, local support where it's needed to tens of thousands of people during and after the emergencies. If you would like to donate to the Australian Red Cross, follow this link to their donation web site.
“To improve the lives of our members, students, and community.”
CSEA Chapter 262 • 1100 N. Grand Avenue Walnut, California 91789 • 909.274.6262 • www.csea262.org