Local 1000 puts departments on notice: No discipline for observing holidays

Updated Feb. 8, 2010
This letter, sent to the governor and all state department heads, puts the state on notice that no employee should be disciplined for taking off Columbus Day (Oct. 12, 2009), a paid state holiday under our contract. In addition, the letter notes that all contract rights apply equally to the Lincoln’s Birthday holiday, which is Fri., Feb. 12.

Download a copy of the letter, or read the letter below:

February 2, 2010

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

Governor Schwarzenegger:

By this letter, I am reminding all state departments of Local 1000’s position with respect to our bargaining unit members’ right to take Columbus Day as a paid state holiday. This holiday was agreed to in the July 1, 2006, through June 30, 2008, Master Agreement (MOU) between the Union and the State of California. That MOU is still in effect because no new contract has been ratified. Specifically, Article 7.1 of the MOU states that “the second Monday in October” is a holiday. The MOU in this same Article states that full-time and part-time employees “shall be entitled to such observed holidays with pay.” In 2009, October 12 was the second Monday in October. Therefore, employees who did not report to work on October 12, 2009, were not required to obtain authorization to take leave and should have received their full pay.

We are aware that the Department of Personnel Administration has taken the position that SBX3 8, which amended the Government Code § 19853 to change the number of state holidays, overrides the MOU. However, the MOU contains a Supersession Clause (Article 5.6) that provides that the terms of the MOU shall supersede certain sections of the Government Code, including § 19853, if the two are in conflict. This SBX3 8’s amendment of the Government Code has no effect on the contract language now in effect.

We are currently fighting to have this right to take Columbus Day as a paid holiday recognized through the grievance and arbitrating process. In the meantime, it is inappropriate to take any kind of disciplinary or corrective action against employees who did not come to work on Columbus Day, as it remains a paid state holiday as long as the state refuses to ratify the tentative agreement reached in collective bargaining. This applies equally to our bargaining unit members’ right to take Lincoln’s Birthday as a paid state holiday on February 12, 2010.

Sincerely,
YVONNE R. WALKER
President