Saturday, December 11, 2010

The CSEA election brouhaha (OR: who cares about the invisible worker?)

December 11:
     EXPOSERY. I feel uncomfortable taking sides in others' disputes. Outsiders often don’t know all the facts and have trouble getting to them.
     On the other hand, over the years, I have found that people with the least power are often abused and unchampioned. They ain't got squat. And so it is good that they have at least one feeble tool at their disposal (DtB!)—even if it does no more than expose their situation to a larger world, however imperfectly.
     So here goes. (See yesterday's post.)

     DISENFRANCHISERY. I’ve been examining some documents regarding the CSEA election brouhaha. The issue is that some classified union members’ work shifts make their participation in the scheduled Thursday, December 16, election inconvenient or impractical. The election is set for 6:00 a.m. to noon, while the swing shift is from 4:30 p.m. to 1:00 a.m. (Further, some workers live some distance from South County.) They have asked to be accommodated in some way. Union officials have asserted that the accommodation is now impossible.
     One document I have read is an email to the chapter’s leadership, dated November 30, sent by a member (member X) on behalf of the IVC swing shift. It alerts leadership to the disenfranchisement problem for swing shift workers. It requests that swing shift voters be given the opportunity to vote the day before the scheduled voting day. It asserts that an accommodation has already been made for the Saddleback College swing shift.

     ABJECT PIQUERY. A few minutes later, in an email, the chapter president responds with anger, “shouting” (with caps) that no accommodation has been made by anyone for anyone and that the member should stop listening to people “that don’t know what they are talking about.”
     Four hours later, member X receives yet another email. This time the president apologizes for her “curt response,” which she explains by citing stress caused by complaints.
     She asserts that the chapter must follow the constitution and bylaws. The accommodation is unavailable.

     ARGUMENTUM AD REGIONAL DUDEM. I’ve seen another document, an email sent Dec. 7 to “classified staff.” It purports to be from the Chapter 586 president and the chapter’s “executive board.” It cites the chapter’s constitution, which (evidently) asserts that the election “shall be conducted on the day scheduled for the December Chapter meeting” [Dec. 16] and that “polls will close prior to the start of the Chapter meeting.”
     The email then explains that
The E Board has received requests for balloting to be opened on December 16, 2010 from 12:00 midnight to 1:00 a.m., then closed until 6:00 a.m. so the swing and graveyard shifts would have the opportunity to vote. We have consulted with CSEA Regional Rep. [RM] for clarification and guidance. [RM] has strongly recommended that the hours be consistent, and that the polls not be opened, closed, then opened again.
     The letter then explains the history of the chapter’s recent revision of its constitution. The chief change, which was widely discussed and promulgated, allows simultaneous polling at both campuses (rather than only at the location of the meeting). And so, says the email, “we are moving in the right direction.”
     It also notes, peevishly, that “no one came to us until now to register an issue regarding the days/times for voting.” That is, they should have made their objections during the revision process.

     CONFUSITUDINALThis is confusing to me. Nothing cited from the constitution in this email forbids opening, then closing, then opening the polls again on the 16th. It is not the constitution, but (if one is to go by the above email) the advice of CSEA employee RM that appears to block the suggested accommodation.
     Possibly, RM’s advice is good (more on that later). But why does this email imply that sticking to the existing polling schedule (which disenfranchises swing shift workers) is demanded by the constitution when, evidently, it is merely advised by the regional union rep?
     The letter then asserts that
Unfortunately, it is impossible to accommodate all employees during their work shift. Balloting for CSEA Executive Board Officers will take place December 16, 2010 beginning at 6:00 a.m. and will close at 12:00 noon at both IVC and Saddleback Campuses.
     But, again, the problem is that some workers start their shift in late afternoon and quit in the early morning hours. How are they supposed to vote between 6:00 a.m. and noon?

     YOU DE MAN, NO? A day later, in an email, member X presses the matter, noting that, according to the constitution, the chapter president determines voting hours. The member again asks for the accommodation and suggests that the meeting be moved to late afternoon (and the voting period increased or shifted accordingly) in order to accommodate swing shift workers.
     A few minutes later, in an email, a union official responds, noting problems with the member’s suggestions. Shifting the meeting time to late afternoon would inconvenience other classified workers (at Saddleback College), who would have to drive in traffic. Further, there just aren’t enough volunteers to man the voting booths as per the suggested accommodation (evidently, the official assumes that the accommodation would entail expanding poll hours from noon to 5:00 p.m.—on top of the original 6:00 a.m. to noon period).

     I WORK AND SLAVE ALL DAY. The official ends the email by expressing frustration. Prior to the revision of the chapter's constitution, things were even more inconvenient for voters. Now that members can at least vote on their own campus, people start to complain! Why didn’t people bring up these problems during the revision process?
     Again, I find the last point confusing. I have not seen the chapter’s constitution or bylaws, but going by the portion cited by the chapter leadership in the above email, nothing in the constitution precludes a somewhat complicated polling schedule (on the 16th) to accommodate workers. It may not be best practice to start and stop and start again, but surely it is very bad practice to actually disenfranchise members!
     It appears that the union leadership has weighed these two problems and has decided that disenfranchisement is less weighty, less worrisome than voting period discontinuity.
     One suggested accommodation is allowing swing shift workers to vote the day before the meeting. The current constitution does indeed appear to preclude that fix. The voting must occur on the day of the meeting.
     Still, one wonders how it can be that it did not occur to drafters of the constitution revision to loosen the scheduling of the election, given the difficulties arising from membership working multiple shifts?
     And, again, surely disenfranchisement of voters is the last thing a union should permit.

     CORRECT ME IF I'M ROY. But perhaps I don’t have all of the facts. Or perhaps I’m not understanding something.

     Yesterday, one union officer (?) wrote us to say that
For years … the chapter constitution required that voting for officer elections take place at the regularly scheduled December meeting. … So, until this year, classified staff had to attend the December chapter meeting … in order to vote. This year, the executive board revised the constitution, with the major change being that voting would occur on both campuses, and the hours of voting would be extended, in order to make it available to more members. We heavily advertised this coming change, and gave opportunities at both campuses to provide input. NOBODY DID.
     Is this writer suggesting, contrary to the email quoted above, that the constitution sets out the specific hours for polling? I can’t tell. But the writer has no point unless she is saying precisely that.
     Does anyone know the answer?
     The part of the constitution quoted in the above email includes the following: “Balloting shall be conducted at such times and at campus site locations as determined by the Chapter President.”
     This strongly suggests (to me) that, no, the constitution does not set out the voting hours; rather, it leaves that matter to the “Chapter President.”

     DISCONTINUIPHOBIAAnd so, again, I am confused. Union leadership seem to be saying that the (revised) constitution demands that the voting hours remain as they are presently scheduled. But that would appear not to be the case. Rather, the setting of voting “times” would appear to be at the discretion of the chapter president, and it appears that the president has opted not to permit any accommodation, based, perhaps, on the advice of union regional rep RM.
     If so (it seems to me), it is fair to ask: why is the chapter president more concerned about voting time discontinuity than about voter disenfranchisement?

Can I help?
     NO GOOD DEED GOES UNPUNISHED. It is clear that some union officers are annoyed that they make sacrifices and then receive nothing but carping. I can sympathize.
     Still, the other side of this thing is: voters are disenfranchised. That’s pretty damned serious!
     I’m not particularly impressed with the “hell, it used to be worse” argument. Frankly, I’m amazed that the organization has operated under such absurd voting procedures for so long. That the situation was once worse than it now is doesn’t say much for this particular chapter.
     No doubt some of you want to rebut my points, such as they are. Well, have at it! But do try to be clear!

     LAST REFUGE OF THE DISSENTER. This is how democracy is supposed to work, you know. Now, YOU RESPOND. Just the facts, ma'm. (We won't be suppressin' nuttin'. Not our style.)

19 comments:

Anonymous said...

The incompetent incumbents know if they open up the voting to the night shift they will get voted out of office.
Thanks to the brilliant author of this blog who brought up some very intelligent points.

Anonymous said...

Interesting piece, I am voting for the new candidates, got to be better than what we have now.

Anonymous said...

I remember when the voting box was locked and available in A-100 for people to vote over the course of a few days. The old days.

Anyone who wins in a election when a segement simply is not allowed to vote is , well, a false leader.

I'd like to see them try and defend their actions to the NRLB.

If the vote goes ahead as is, a complaint should be filed ASAP.

Some people have other jobs, family obligations during those hours.

Thye should have the voting done online like the faculy union has done. That encourages a high level of participation. Maybe Lewis Long can help them.

Anonymous said...

A union should do everything to turn out membership to vote - this sounds shameful and certainly like something the NRLB would be interested in - especially if one class of workers is being targeted/affected by this policy. On its face it is so wrong. Indefensible.

But I would encourage the workers to contact the CSEA on their own and make their complaint to those at higher levels.

Anonymous said...

The shift in question needs to organize - show up - vote - AND file with NLRB.

Anonymous said...

A six hour voting period - which benefits somes and completely negates others?

Ridiculous - and pretty hard to defend.

You have whole shifts of people who would never be on campus at that time - and you are supposed to represent their interests.

I'd contact the CSEA at the state level on Monday as well as the NRLB.

That's just screwy.

Why not online voting like to many do now?

Or a 24 voting period? Or 12?

If there is a pattern of disenfranchisement where certain groups are marginalized - well, they're looking at other grounds for complaints as well.

Anonymous said...

Can't they do online voting and keep the polls continuously open from midnight until close? It's hard to comprehend why this has been allowed to become such a problem.

Delores Brooks Irwin said...

NOBODY is being disenfranchised. Maybe they are being inconvenienced, but there is a big difference between the two. Go read the CSEA constitution for yourself to see what the voting requirements are - it is on the CSEA Chapter 586 website. The constitution does not set up the specific hours, but states that the election must be held on the day of the December meeting, and polls must close before the meeting begins.
The voting tellers do not get release time, and we have a limited number of people who are willing to serve as tellers. I would not be willing to come in between midnight and 6 a.m. to attend to the ballot boxes, and the person who requested that we open balloting at midnight didn't volunteer, either.
Yes, I am a union officer, and apparently no one wanted my job badly enough to run against me. I am willing to identify myself and claim my own opinions, for better or worse. Anonymous posters can make any claims they wish without having to be accountable.
I have been on the board for only two years, so I don't know that much history about it, but the change in voting that was accomplished this year did not come about as a result of requests from the membership, but from the E Board itself.
Maybe you can say we were short-sighted, but the fact is that no one was complaining about the way voting was conducted in the past. Shall I state that again? If the night shift staff felt they were "disenfranchised" in past elections, they did not bring it to our attention. If they had, we could have overhauled the whole system. The main change we felt was needed was to make voting available on both campuses. One change we can't consider yet is to go to electronic voting until it is approved by state CSEA.

Anonymous said...

The people who created the new policy should have had the foresight to see how it would affect their constitituency. Now when it is being brought to their attention, they sound defensive, pissed off - instead of reacting as leadership should - with integrity and a little bit of humility.

Anonymous said...

I would think the number of workers unable to particpate and vote at Saddleback would be even greater than those at IVC due to Saddleback's size and larger staff.

It seems to me that this voting time unfairly penalizes those workers who work outside the "office" setting -as the majority of so-called "office" workers work the traditional work day - 8-5 or some variation. So you have the workers who clean the the "offices" and the grounds being unable to vote.

It could that they are counting on these workers not to care enough to vote - or to protest - though any union leader worth his or her salt should know that the process should be created to encourage MORE not LESS participation.

Can you imagine a voting time being devised so that people must vote between 6 PM and Midnight - therefore compelling people to leave their other jobs and or families and return to school to cast a ballot?

That's what they have done here. At best it is irresponsible - at worst it's a deliberate attempt to discourage participation of a particular group.

Anonymous said...

Bottom line: Everybody should get to vote. Period.

100 miles down the road from you all, we had, several decades ago, the same problem. Elections for the faculty union were scheduled on just one weekday from noon 'til four in the afternoon. Full-time faculty were (nearly) all on campus at that time, but only a fraction of part-timers. All it took was a call to CTA to change the election rules.

Here's a simple solution for CSEA: Vote by inter/intra campus mail.

1. Everyone gets two envelopes (a small one and a large one) and a ballot in his/her mailbox at work.

2. Fill out the ballot, and put it in the smaller envelope. Do not write anything on the envelope.

3. Put the smaller envelope inside the larger envelope, seal it, sign your name over the seal, print your name on the outside, and send it to CSEA's camus mailbox.

4. Give everyone a week to do this.

5. When the union gets all the envelopes, it can check--by looking at the outside of the big envelopes--to make sure that only elibible members vote and to make sure that everyone votes only once. You've got ballot security.

6. Open all the big envelopes. Take out the smaller envelopes containg the ballots. Now you've got secret ballots because there are no names on them.

7. Count 'em.

Sure, this takes more time, and, sure, it's a pain in the ass to get two envelopes and a ballot into every union member's mailbox, but it's secure and fair. Democracy is often messy and time-consuming, but it beats any alternative.

By the way, it's inevitable that some folks will fail to follow directions and screw up this two-envelope system. When you're counting ballots, you simply put the mis-marked envelopes to one side without opening them. Then count the ballots from the envelopes that were marked correctly. If a candidate wins by, say, 50 votes and there are only 10 mis-marked envelopes, then there's no problem. If the election is close and the mis-marked envelopes will affect the outcome, then you'll need a committee of ballot counters (which you should have in the first place) to ageee on some ad-hoc rules to determine which envelopes to open and count. These decisions usually are common-sense.

--Philip Lopez









When the uni

2.)

Anonymous said...

The more you look at it, the more wrong it is.

Anonymous said...

I also feel one of the reasons they dont want the swing shift to vote is because when it comes to voting the swing will speak as one and they are afraid there votes will vote someone out.

Anonymous said...

This is not the first time Shanna was out of order. During one of the csea meetings she brought a person in without anyone knowing and had him discuss a proosition that was up to vote on. From what I understand she made a lot of people angry.

Anonymous said...

Can someone tell me who's the NRLB... and yes the state will be contacted today.

Anonymous said...

Today when Shanna comes to work she will find a petition signed by all the Swing Shift custodians.

Anonymous said...

Folks, it's not the NLRB, its PERB, the Public Employee Relations Board. You may consider filing a Policy 606 against your current E-Board.

Anonymous said...

Another thing: After this coming election, Shanna will still be sitting on the new E-Board as a “Past President” operating in an advisory capacity. Members should file complaints to disqualify her from this post. After all, it was she who stepped down, so why should she then have any further involvement on our newly elected E-Board?

Anonymous said...

I appreciate our past and present Union leadership. Congrats to the new leadership and with a 3-1 lead on the three competing seats, the 13 or so affected employees wouldn't/didn't change the outcome. Don't get me wrong, I WANT all employees to participate!! But participation includes the proper complete PROCESS to change the accepted voting structure and procedure. You just don't do that at the last minute.

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...