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Santa Clara County charges striking union employees with violating the law

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On the third day of a rolling strike by Santa Clara County union employees, the county struck back by filing an unfair practice charge against the union.

The charge, which the county filed with the State of California Public Employment Relations Board, alleges that the Service Employees International Union Local 521’s (SEIU) strike activities this week violated the law because they went on strike before it was clear that no deal could be reached.

It further alleges that the union failed to provide adequate notice of strike activities, unlawfully engaged in “intermediate striking” and canceled a bargaining session previously scheduled to take place during the strike.

“The County is willing to further negotiate with SEIU, but SEIU has not been willing to engage in further good faith discussions with the County and has instead initiated strike activities at various County facilities over the last few days,” a statement released from the county Friday afternoon states.

Service Employees International Union (SEIU) Local 521, which represents 12,000 county employees, called the strike earlier this week over 15 complaints of unfair labor practices, including changes in the social services department.

Over the past three days, the union rolled out its strike day-by-day —  informing employees about job actions in their department the evening before. On Friday, employees at the county’s East Valley Health Clinic and Gilroy Clinic were called on to walk out.

As county employees entered the picket line Friday outside the two health facilities, the impact on public services proved less severe than Thursday, when thousands of employees walked out and two different health clinics were completely closed.

Compared to the countywide walkouts the previous two days, the number of employees on strike Friday remained concentrated to the two clinics, with only 100 or so employees out picketing.

The clinics in East San Jose and Gilroy remained open Friday and still offered most services. However, Women, Infants and Children — known as WIC — Services at the two sites were closed and many appointments also were rescheduled due to the lack of staff, according to the county.

Services at all three county hospitals, Valley Specialty Center and the other Valley Health Centers were still available.

“We’re prepared and are dealing with all of the impacts,” county CEO Jeff Smith said Friday morning. “But obviously this poses a very significant inconvenience for them (the patients).”

On Friday afternoon, Valerie Pickerings, a social work supervisor and a member of the union’s negotiating team, affirmed that the strike will continue after the weekend.

“We’re prepared to continue for quite some time,” Pickerings said. “We’ll go back to the table when the county is willing to make some significant movement and show a genuine desire to address some of those issues (outlined in their complaints).”

In a statement, the union said the county’s charge has no merit.

“The fact that they would file a baseless charge against their own employees is another indication of their inability to deal with their employees’ legal strike action against the county’s unfair labor practices,” said strike leader Chris Libera.

The county and union representatives had been in contract negotiations for the past six months.

Smith said county officials have been trying this week to contact union representatives to get them back to the negotiating table, but they have been “unwilling to do so.”

“It’s pretty clear that they’re waiting until Monday’s closed session (between county executives and the board of supervisors) because they hope we’re going to ask the board for more financial authority, which of course we’re not,” he said, adding that the county cannot afford to provide employees raises beyond what they’ve already offered.

In its latest proposal, estimated to be worth $625 million, the county has offered employees a 3 percent raise each year over the next five years. Employees, however, say the raises proposed are insufficient and will be wiped out by a requirement that they pay an additional 2 percent share of the medical premium and $1.50 per paycheck toward retirement health costs.

Staff writer Jason Green contributed to this report.


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