Right to Representation

You Have a Right to Representation!

Below are some of the statutes and court decisions under which the San Luis Obispo County Employees’ Association (SLOCEA) provides representation and services:

• Meyers-Milias-Brown Act (MMBA)

State legislation enacted giving public employees the right to organize and to have an exclusive representative address issues of wages, hours and working conditions with their employing agency, i.e. county, city, community service district, water authority, etc.

• Weingarten Decision

United States Supreme Court decision stating that employees are entitled to labor representation at any meeting between an employee and an employer when the employee reasonably believes that the meeting may ultimately result in disciplinary action.

• Skelly Decision

State Supreme Court decision ensuring that employees are entitled to “due process” and an opportunity to respond to charges of misconduct before disciplined or dismissed.

• Fair Labor Standards Act (FLSA)

Federal law setting minimum requirements and standards for hours of work, including overtime compensation.

• Family and Medical Leave Act (FMLA)

Federal and state laws allowing employees up to 12 weeks annually of paid or unpaid leave for major personal and/or family illness or care.

There are also many county rules and policies that afford county employees rights in five areas as indicated below. Additional rights can sometimes be negotiated with the employee’s supervisor.

• Performance Evaluations

Employees have the right to appeal less than “satisfactory” performance evaluations. Employees also have the right to attach to the evaluation a written rebuttal refuting and overall rating, as well as any rating or comment contained within the evaluation.

• Disciplinary Actions

Employees have the right to representation regarding any written or formal adverse action against them, including written counseling memos, work performance memos, less than “satisfactory” evaluations, and letters of reprimand. Members needing representation on such matters should contact SLOCEA immediately.

• Grievances

A grievance is a claim or charge of misunderstanding, or difference in interpretation, or violation of provisions of Civil Service Rules, Personnel Policies, our memorandum of understanding (MOU), county policies or regulations including but not limited to administrative and/or departmental regulations which affect wages, hours, or other terms and conditions of employment; pursuant to our MOU, grievances must be filed within twenty (20) business days from the date of incident.

• Violence in the Workplace

Employees must report all such instances to their supervisor or higher authority. Members impacted by violence in the workplace should contact SLOCEA immediately.

• Sexual Harassment

Employees must report all instances immediately to their supervisor or higher authority. Members impacted by sexual harassment should contact SLOCEA immediately.

• Review of Personnel Files

Employees are entitled to review their department and/or their county personnel file upon request and making the appropriate arrangements.

Rights in the workplace are yours. Contact your SLOCEA representative for more information. Call (805)543-2021.