ae, SEIU Stronger Together YVONNE , WALKER FPrsicent THERESA TAYLOR Vie Presi Secretary Feasuer TAVEKAN, ROBINSON Vice Present er ganzng/Represersavon [MARGARITA MALDONADO ‘ice President for Bargaining SERVICE EMPLOYEES INTERNATIONAL UNION 1808 14th Steet ‘Secrerrento, CA 95811 ‘Member Resource Cerer 1866.47 SEIU (7348) wawwseiu1000.0rg = August 28, 2015 Mr. Brian Lin-Walsh Labor Relations Officer Department of Motor Vehicles 2415 First Avenue Sacramento, Ca 95819 Re: Grievance Elevation Grievance of Dana Meza and all Affected SEIU Case No.: 2015-0928 DMV No.:04-031-2015 Level: 2 Dear Mr. Lin-Wals! SEIU Local 1000 represents Dana Meza and All Affected in the attached grievance, SEIU Local 1000 forwards this Grievance to you for review and resolution pursuant to the current Unit 4 Agreement between the State and SEIU Local 1000. We do not agree with the First Level Response. As per the First Level Response there was an attached e-mail discussion on May 22 with the Office Manager for the DMV Sacramento Call Center regarding the use of the restroom. Furthermore there have been numerous discussions between, not only Ms. Meza and her First Level Manager regarding this issue, but between other employees and their First Level Managers. Employees all report that they have been instructed that when they complete the DMV1, due to a lengthy restroom break, they are not to indicate that they were using the restroom. We have also enclosed a copy of the May 22, 2015 response from Ms. Breidinger. The fact that employees must submit DMV1’s for using the restroom as shown in the attachments, is more than enough substantiation for discrimination against these employees. The fact that they are being required to use leave credits for restroom purposes is a direct violation of the MOU. ‘sein! 000union resource centerive-adminvep workisuren theta watts 201 idle Timez dans\2015.092 2nd eves review eter inal doSEIU Local 1000 requests a meeting to discuss this issue. Please contact me to arrange a mutually convenient time and date to meet. I may be reached at (866) 471-7348 if you have any questions. Sincerely, Shalia Watts Union Representative sWilr Enclosure CC: Dana Meza, Grievant Dana Meza, DLC 761, President Jackie Wilbum, DLC 761, Chief Steward Brian Caldeira, Director, SEIU Local 1000, Resource Center Tracy Peake, URC Coordinator, SEIU Local 1000, Resource Center ‘se 0004nioncesouce centerwe-adminvep workauren rhetswat\201S\le 76I\neza, dan\2015-0528\gievance- 2nd levels review eter final doeDECLARATION OF PROOF OF SERVICE BY MAIL: C.C.P. 10134, Jama resident of the County of Sacramento, 1 am over the age of eighteen (18) years and not a party to the above-entitled action. My business address is 1808 14" Street, Sacramento, CA 95811. I am familiar with Service Employees International Union’s practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area, Each day's mail is collected and deposited in a United States mailbox after the close of each day's business. On August 28, 2015, I caused the following document(s) to be served: Re: Grievance of Dana Meza and Alll Affected SEIU Case No.: 2015-0928 DMV No.:04-031-2015 Level: 2 0 (BY E-MAIL or electronic transmission) by causing the document to be sent to the person at the e-mail address shown below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful o (BY CERTIFIED MAIL) placing a true copy thereof enclosed in a sealed Envelope with postage thereon fully prepaid in the United States mail (with return receipt requested) at Sacramento, California, addressed shown below. 0 (BY FACSIMILE) placing a true copy thereof into a facsimile machine addressed to the person and address shown below, which transmission receipt is attached hereto. [X] (BY MAIL) placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed shown below. Mr. Brian Lin-Walsh - LRO Department of Motor Vehicles 2415 First Avenue Sacramento, Ca 95819 (] __ (BY PERSONAL SERVICE) by delivering by hand and leaving a true and correct, copy with the person at the address shown below: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on August 28, 2015, in Sacramento, California, Date 4 Lauren ei Secretary SEIU Local 1000CCALORNIA STATE TRANSPORTATION AGENCY EDMUNO 6. BROWN, Governor DEPARTMENT OF MOTOR VEHICLES ‘SACRAMENTO TELEPHONE SERVICE CENTER P.O, Box 932545 MS L130 ‘SACRAMENTO, CA 94323-3450 (00) 777-0133 July 26, 2015 RECEIVED ‘SUL 29 2015 Ms, Shalia Watts, Union Representative SEIU, Local 1000 UNION RESOURCE CENTER 1808 14" Street Sacramento, CA 95811 RE: DMV Grievance # 04-31-2015 Dana Meza and All Other Affected Dear Ms. Watts: This is the first level response to the grievance filed on behalf of Dana Meza, a Motor Vehicle Representative, who works at the Sacramento Call Center # 430. The grievance was received on June 26, 2015 The grievance alleges management violated: Subsections “8.2, 5.6, 5.11, 5.7 and all other articles that ‘may apply” of the Bargaining Unit 4 (BU4) Memorandum of Understanding (MOU) between the State of California and the Service Employees International Union (SEIU), Local 1000 effective July 2, 2013 through July 1, 2016. The grievance alleges, “On or about 3/24/2015 Grievant was charged Sick leave for using the rest room longer than expected. Other affected have indicated that their managers have also charged sick leave time for using the restroom (see attachments) recently on 5/7/2015 Veronica Diaz charged an employee sick leave for using restroom more than an hour. employee is handicapped and has difficulty ‘maneuvering throughout the worksite. Employees are also being charged at least 15 minute of sick leave credits although they may be in the rest room no more than 7 minutes (see attachments). In addition during the month of 6/2015, Ms. Meza has reported that she is alo (sic) being awoled for using the restroom. More specific, she has been advised that unless she provides medical substantiation for her lengthy restroom use she will be awol. ‘The remedy sought is: 1, Cease and desist from charging employees their sick leave or vacation credits for using restroom 2. Cease and desist from discriminating against employees who have disabilities nwhen (sic) they use the restroom 3. Restore all sick leave credits to all affected employees 4, Restore all vacation credits to all affected employees A Public Service AgencyShalia Watts July 26, 2015 Page 2 5. Cease and desist from requiring employees to provide medical substantiation for prolonged restroom use or risk being AWOL. 6. Any and all other remedies that apply Technical deficiencies were discovered regarding the timeliness and merits of this grievance. The date of action states January 22, 2015 ~ on-going however, the requested remedy is asking for sick leave to be restored for incident for March 24, 2015, yet the grievant did not file until June 26, 2015, three months 2 days later beyond the thirty day time frame. The grievance fails to provide specific evidence or facts to support the allegations from the May 7, 2015, alleged violation. Therefore, the grievance is denied based on its technical merits. However, in the interest of maintaining positive employer-employce relations, this matter will be reviewed and answered accordingly. My findings are as follows: Article 6.6 states, Informal Discussion — “An employee's grievance initially shall be discussed with the employee's immediate supervisor. Within seven (7) calendar days the immediate supervisor shall give his/her decision or response.” The concise statement states an informal discussion occurred on May 6, 2015, yet I have no record of an informal discussion on this date. I did not agree to waive the Informal Discussion step of the grievance process Full time employees are provided two breaks and a lunch hour in aceordance with the BU 4, MOU, ‘Management understands that individual employees may have varying needs, some may be on protected leaves. In addition, if an employee explains he/she has any special medical needs, ‘management notices the employee with the appropriate protected leave paperwork, Employees who are not on protected leave and demonstrate a demonstrable pattem of sick leave abuse or unauthorized reasons may be asked to provide substantiation (in accordance with 8.2 Sick Leave of the MOU) and or may be subject to Absence Without Leave (AWOL) On June 23, 2014 and on January 23, 2015, management met and discussed with you and Ms. Meza the fact that there is no time associated with bathroom use however; if an employee was away from their workstation for long periods of time or multiple times during the course of the day outside of the breaks and lunch and without a protected leave on file that upon their return to the workstation management may approach and ask if everything is okay. Ifupon an employee's return he/she explains they were ill, management will ask if they would like to go home using sick leave credits. If the employee does not ‘want to go home, management may approve the use of sick leave credits for the time away from the workstation, No grievance was received after these meetings,Shalia Watts July 26, 2015 Page 3 (On March 23, 2015, Ms. Meza was away from her workstation for a total of one (1) hour and three (3) minutes (not on break or lunch périod - eight (8) occasions) at varying times throughout the day. At approximately 12:15 Manager I, Katrina Glaspie notice Ms. Meza had been away for 11 minutes. Upon her return to her workstation Ms, Glaspie, approached, gave her a DMV 1 to complete. Because Ms. Meza had exhausted her sick leave credits and it was after dock cutoff, Ms. Glaspie allowed the use of vacation leave credits in lieu of sick leave. Ms. Meza has a demonstrable pattern of sick leave abuse because she consistently exhausts her sick leave prior to payroll cut off each month and is away from her workstation an average of 1 hour and 30 minutes throughout the day. Ms. Meza’s immediate supervisor, Manager I, Deborah Brannagan has previously provided on numerous occasions Reasonable Accommodation (RA) and Family Leave Act (FMLA) paperwork due to the reasons Ms. Meza has given management which are, a medical condition, needing to be closer to the restroom and medications cause’s frequent trips to the restroom, Ms. Meza was provided RA paperwork on January 9, 2015, April 1, 2015, and May 27, 2015. On approximately January 9. 2015, Ms, Mesa was asked for a dootor’s note to substantiate her frequent trips to the restroom. In addition, management provided FMLA paperwork on March 13, 2015, and July 10, 2015. Ms. Meza has not engaged in the protected leave process by providing substantiation for these claims, On April 14, 2015, you emailed me stating, in part... “recently spoke with several employees who have indicated that they are being charged time for when they use the restrooms. Some of these employees have also indicated that they have been requested to submit documentation which states they will be using their leave credits for when they use the restroom. These employees have legitimate issues which sometimes require longer periods in the restroom. ” replied requesting details regarding the employee's names and your response, in part... “Afier further discussion with the employees who have provided information regarding their bathroom breaks and being charged sick leave, they have requested to only be included in the grievance process.” This grievance alleges an incident on May 7, 2015, where other employees allegedly are being charged sick leave credits. Also, that Francine Cate has advised employees to submit DMV1's yet no information or evidence was provided regerding these allegations, Subsection 5.6 ‘There is no evidence or information provided to substantiate a violation. Subsection 5.7 There is no evidence or information provided to substantiate a violation. Subsection 5.11 ‘There is no evidence provided that the grievant was treated without dignity as defined in the BU 4 MOU,Shelia Watts July 26, 2015 Page 4 Subsection 8.2 ‘There is no evidence or information provided to substantiate a violation. Based on the information presented in this grievance and the facts surrounding all issues raised therein, I find no contract violation of the express terms of the BU 4 MOU. Therefore, the grievance and the respective remedies sought in this matter are respectfully denied, Sincerely Roioynbudingr ROBYN BREIDINGER, Manager V Sacramento Call Center : Dana Halley, ChiefLOCAL 1000 sr _=— SEIU Stronger Together YVONNE R, WALKER President (M. CORA OKUMURA, Vie President and Secretary Teaser TAMEKIAN, ROBINSON ‘ice Prescert ‘or Organting/Represertaton ARGARITA MALDONADO ‘Ve Present fer Bgaing SERVICE EMPLOYEES INTERNATIONAL UNION 1808 14th Sweet Sacramento, CA 95811 (914) 854-1200 (266) 471-Se1U (7348) (916) 554-1275 (ax) wwwselu000.0g June 18, 2015 Ms. Robyn Briedinger, Manager V Sacramento Call Center Department of Motor Vehicles P.O. Box 932345 MS L130 Sacramento, CA 94523 Re: Grievance Elevation Grievance of Dana Meza and all other affected Sacramento Call Center Employees Articles 5.6, 5.7, 5.11, 8.1 (all) & 8.2 (all) and any other articles that may apply SEIU Case No.: 2015-0928 Level: First Dear Ms. Briedinger: SEIU Local 1000 represents Dana Meza and all other affected in the attached grievance. SEIU Local 1000 forwards this grievance to you for review and resolution pursuant to the current Unit 4 Agreement between the State and SEIU Local 1000, SEIU Local 1000 requests a meeting to discuss this issue. Please contact me to arrange a mutually convenient time and date to meet. I may be reached at (866) 471-7348 if you have any questions. Sincerely, Shalia Watts Union Representative SWier Enclosure CC: Dana Meza, Grievant Dana Meza, DLC 761, President Jackie Wilbum, DLC 761, Chief Steward Brian Caldeira, Director, SEIU Local 1000, Resource Center Tracy Peake, URC Coordinator, SEIU Local 1000, Resource CenterDECLARATION OF PROOF OF SERVICE BY MAIL: CCP. 10134. Tam aresident of the County of Sacramento. am over the age of eighteen (18) years and not a patty to the above-entitled action. My business address is 1808 14" Street, Sacramento, CA 95811. I am femiliar with Service Employees International Union’s practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a United States mailbox after the close of each day's business. On June 18, 2015, I caused the following document(s) to be served: First Level Grievance for Dana Meza and All Affected Sacramento Call Center Employees ‘SEIU Case No.: 2015-0928 [X]__ (BY E-MAIL or electronic transmission) by causing the document to be sent to the person at the e-mail address shown below. I did not receive, within a reasonable time after ‘the transmission, any electronic message or other indication that the transmission was unsuccessful. Robyn Briedinger, Manager V Sacramento Call Center Department of Motor Vehicles Robyn.Briedinger@ dmv.ca.gov Dana Meza dle761president@gmail.com 0. BY FACSIMILE) placing a true copy thereof into a facsimile machine addressed to the person and address shown below, aes receipt is attached hereto. 1 reo EX MATL) lacing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed shown below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on June 18, 2015, in Sacramento, California. fi hub LA riney isa, Secretary (7 SEQ Local 1000 Date 7STATE OF CALIFORNIA LOCAL 1006 EMPLOYEE CONTRACT GRIEVANCE ‘STD 630 (Rev 7/00) 7 SEIU EXRGARING UNT NRE AND ROMER aE rag are, BU 4 - Office and Allied GRETANTS Rane frases Eace) TESORO Dana Meza And All Affected Employees at the Sacramento Call Center WRUNG ADDRESS WONIBERSTREET ivy POOR NA. i SePaRTIENT TSONGA TRTAT SECTION BONCH URTEE: DMV cep Foe Call Center FeSO CSSFOATON I WORRNS HOURS TEPER MVR. YA NA. REPRESENTATION INFORMATION (COMPLETE IF APPLICABLE) Shalia Watts, 16-47 1-73.48 EIU Local 1000 TRACKING INFORMATION EE EE See eee Please Refer to The Bargaining Unit Contract For Specific Information Regarding Employee Grievance Procedures and Time Frame Requirements for That Unit. (GRIEVANCE INFORMATION 5/18/2015 1/22/2015 and on going On or about 3/24/2015 Grievant was charged Sick leave for using the rest room longer than expected. Other affected have indicated that their managers have also charged sick leave time for using the restroom (see attachments) recently on 8/7/2015 Veronica Diaz charged an employee sick leave for using restroom more than an hour. employee is handicapped and has difficulty manuevering throughout the worksite.Employees are also being charged at least 15 ‘minute of sick leave credits although they may be in the rest room no more than 7 minutes (see attachments). SPECFTC ARTES} AND SECTIONS OF CONTRACT AU EEDCY VERTED 3.2,6.6,5.11,5.7, Al other articles that may apply. 1. Cease and desist from charging employees their sick leave or vacation credits for using restroom 2. Cease and desist from discriminating against employees who have disabilities nwhen they use the restroom 3,Restore all sick leave credits to all affected employees JRestore all vacation credits to all affected employees. i,Any and all other remedies which may apply,sro on ney 00) GRIEVANCE REVIEW-LEVEL | gees 2 LEVEL | DECISION TO BE ENTERED BELOW ‘SERATOREOF EVEL TREVEWER RESET “TELEPHONE RoHS —— a ‘Ditconcur ano 00 Nor TI1DO NOT CONCUR AND APPEAL TO | OSEVANTSSIONRTURE be ‘APPEAL TO THE SECOND ‘THE SECOND REVIEW LEVEL (F REVIEW LEVEL CHECKED, STATE REASON BELOW) | REASON FRAPPR GRIEVANCE REVIEW--LEVEL It Clocision arracheo FTES TONERS Tiiconcunano po nor [ L]1D0Not CONCUR AND APPEAL TO | SREVARTEBGNTURE A aaa ‘APPEAL TO THE THIRD ‘THE THIRD REVIEW LEVEL (F REVIEW LEVEL CHECKED, STATEREASONBELOW) | 0 . RST 1. GRIEVANCE REVIEW--LEVEL Il Qpeciston ATTACHED a Ti concur AND 00 NOT TI DoNoT coNcuR AND APPEAL TO | SSRANSSIoNATDRE Lal ‘APPEAL TO THE FOURTH “THE FOURTH REVIEW LEVEL (i REVIEW LEVEL, CHECKED, STATE REASON BELOW) | p ‘EASON FOR APPEAL (GRIEVANCE REVIEW--LEVEL IV Do becision aTtacHED TREN TREO REEWatts, Shali CS From: Breidinger, Robyn A;@DMV Sent: Monday, May 18, 2015 12:11 PM To: Watts, Shalia Ce: ‘Turner, Donna A.@DMV; Lin Walsh, Brian £.@DMY; Halley, Dana@DMV Subject: Dana Meza and Terri Ray Good Morning Shalia Ihave done some investigating concerning the above employees. These are my findings: On January 27, 2015, Terri Ray was away from her desk a total 43 minutes. Tals was not authorized nor did she communicate with her manager that she needed to be away from her desk. From ‘to 4:03, Ms. Ray was on a 15 minutes break. Since she was 10 minutes late coming back from her break her manager AWOL'd her for the 10 minutes she was late, Ms. Ray worked 6 hours that day but only interacted with customers for 3 hours and 37 minutes. ‘On March 10, 2015, Terri Ray was away from her desk a total of 53 minutes. This was not authorized nor did she ‘communicate with her manager that she needed to be away from her desk. From 2:58 to 3:19, Ms. Ray took a 22 minute break. At 4:02 Ms. Ray left her desk again and did not return for 16 minutes, Her manager AWOL'd her for the time she was not working, Ms. Ray worked 8 hours that day but only interacted with customer for 5 hours and 48 minutes. (On March 23, 2015, Dana Meza was away from her desk for a total of 1 hour 3 minutes, This was not authorized nor did she communicate with her manager that she needed to be away from her desk. At 12:06 Ms. Meza left her desk and. was gone for 11 minutes. She was handed a DMV 1 to account for the time she was not working and her leave credits, were charged. Ms. Meza worked 8.5 hours that day but only interacted with customers for 6 hours and 14 minutes. Please let me know if you need anything else. Robyn Breidinger, Manager V Sacramento Call Center (916) 229-041105/07/2018 12:59 430) Dr SEDTOC Page 92/02 [ABSENCE / OVERTIME REPORT Rae homay = ; = Raa cae Sine PS rae Sst A CIE ScD We ew Ban eh Serres 7 anaes ; 5 76 : : ABSENCE / QVERTINE REPORT sae Tras scr : : “Reqing. Bree eee < a aan RRO ean es nv nev.2201) :ABSENCE / OVERTIME REPORT Re ay Dale bod or tex 9001) “THEY WANTED to “AWM Me FOR. Bev funy Fi py DESC FOE G nutes. Il EXPLAIED HT T WAS IW the BesIFaoM * REY MADE UE USE TL MINUTES ow NNoL.spole a wre ising th. SE Da: Ceshrcm. aed” | Tae Oa TS Ee thet to me. hours | eRe Tas [att onl hinded | ae & Plank dewel to | m2 dnd tld Me seeks ‘ ABSENCE! OVERTIME REPORT prt to write: Sie, eee (vom. 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Pn JZ eS aPAGE @6/11 DMV sapToc ad/o2/2015 14:65 432 ABSENCE/ OVERTIME REPORT” eS oa aaa4/02/2015 14:85 430 To:Dana Meza -'Union Rep From: MariLu Hernandez MVR-Sacramento Call center Regarding: Using Teave for Bathroom usage over 7 minutes On March 12th, 2015 my immediate supervisor Melissa Morgan had brought it to my attention that she had been checking my call Tog for the morning. she had noticed that x was off the phone on "Not Ready - Other", twice already. The first time around 8 minutes and the second around 9 minutes. She also mentioned that those amounts of time are chargeable. That the next time anything over 7 minutes I would need to f111 out a DMV 1 and be charged time. She also | mentioned maybe even I having to go home if I wasn't feeling well, I had informed her that I was in the restroom and if neccesary I would Tet her know about having to leave work. Hernandez DNV SEOTOC Page 99/11 pee4/ez/2a15 14:55 438 DMV SEDTGC Page 28/11 ‘On 03/11/2015 After my retum from a job interview I met with Melissa Morgan, for the Monthly one on one that she is required to do with all of her technicians. During the one on one we spoke about several things, towards the end of our meeting she notified me that on (03/09/2018 my restroom trip | teok from 12:19 pm - 12:22pm could be chargeable and the restroom trip | took from 4:26pm - 4:32pm could be chargeable as well and i would need to watch my time. Saunsery R Lopez fear 80s, 1312/17/2814 12:57 488 DNY SBDToC PAGE 92/14 ee DS Asked te Fill suct "Gein to Te bathroom br L ple My Madaser ve es CHE Bom host, Hey Aboat Phot cepiak i oS E Doumiquse a Duava went see . 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