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Brothers & Sisters,
We woke today with continued grieving with yet another brother from our job leaving us way too early. It is with the deepest sadness that we announce the Active Duty Death of another one of our brothers, Fire Captain Steven McCann, Fire Station 166/C, Battalion 10. Captain McCann passed away unexpectedly this week while at the station. Our thoughts and prayers are with Steve’s family and friends. |
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This profession takes our firefighters at a higher rate than any other occupation, a fact we have been reminded of too many times over the last several months. We take calculated risks and the way we get through it all is together as a fire family with love and support and solidarity. We have worked hard to build a Peer Support Team that numbers over 200. Together with our Lead Peers and Dr. Steve we tackle the most difficult situations. We are grateful to have our Peer Support Team working out of Local 1014 Alfred K. Whitehead Labor Center to help the East End family begin their healing. We also want to thank our MMT, Chaplains, and Honor Guard members who once again will do the heavy lifting as we work to honor Brother Steve and support his family. |
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The Benefit & Welfare Association with Muertos Coffee are sponsoring a benefit fund for Fire Captain Steven McCann. This is a family approved fundraiser. Please donate today! |
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COVID VACCINE MANDATE UPDATE
Local 1014 represents over 3,400 members and we have worked very hard to represent all of our members during this trying time on the vaccine mandate which was originally set to take effect October 1, 2021. We have worked with Chief Marrone to slowly and deliberately roll compliance with the County order. So far, the legal challenges have all failed in federal and state court and in arbitrations throughout the state and nation. Our position has been consistent and firm, Vaccinate or Accommodate. Our communication with the CEO, DHR, and the BOS have earned us space to move as deliberately and slowly as we have with our safety gear and testing capability.
The past couple of weeks, some four and half months after the order, we have continued to bargain with the CCU on the impact of the order and the legal requirement to provide medical and religious exemptions. Negotiations to date have netted a process that uses Shaw HR Consulting to review exemption requests, and then after County DHR review, the recommendations are moved to the Department Heads, in our case the Fire Chief for a decision to approve or deny. To date we have had a small number of our members submit their request for medical or religious exemptions and most all have been approved. Those who have not been approved have needed additional information as they continue to be processed.
In the coming weeks you will see the Department and the Union put out a call to file for your medical or religious exemptions if you are not vaccinated. We will be sending out information on the law and the legal requirements for the exemptions and you will be able to craft your own original compliant request to submit to the Department. We will also be providing legal review for form and content before you submit for all members who want that help. If any of those exemption requests are denied or additional information is requested, we will represent members.
Leading up to the move to submit for exemptions, our members were given orders in the form of a Notice of Registration and Testing Requirement. This notice was an order to register with Fulgent online, and submit to any testing requirements. We have navigated from over 100 members in this group and we have worked hard to move that number to approximate 20 or so. Those off on Injury or Long-Term Leave are exempt from the process until they return, and those with recent exposure to COVID and positive test results have 90 days where no compliance with testing is necessary. The remaining members who are making a choice to not register with Fulgent or are not willing to test when necessary are facing further discipline up to intent to discharge.
We are representing the members on the intent to discharge and while we have consistently recommended for all members to register and be prepared to test, we also firmly believe that any move to discharge any member with regard to this process is uncalled for and excessive.
We will be negotiating with the Department for an alternative registration method but we have no deal with the Fire Chief to support this path at this time. We will be continuing the move to navigate for these 20 members, we also plead and recommend to all these members to register with Fulgent, and be prepared to test, to NOT BE VACCINATED under the order.
We have consistently informed our members that you will have to be registered, test and use safety equipment, under exemption approval to work under the order. We want every member to “stay in the boat” as we navigate the stormy seas of this mandate.
Please do not prematurely challenge the executive order as we are far from being done, and far from any final order of vaccine compliance. Even if we get to that part of the vaccine order, there is a 45-day process to comply, and then like now civil service procedures of appeal that take time and have process. Please help keep time on our side, and more importantly on your side and REGISTER.
If you have received a notice of intent to discharge from the Department, please reach out to the Union to ensure we have your case in our shop. Also, we will be sending out our attorneys’ perspective on the law and requirements for the medical and religious exemptions in the very near future.
OTHER RELATED COVID MANDATE ISSUES
Local 1014 is also dealing with two other issues that may become impactful on our Union and all County Unions. The Board of Supervisors passed a motionwith a 4-0 vote, and one abstention, to attempt to move the Human Resources functions of the individual departments with regard to the vaccine mandate order to big county Human Resources DHR. This motion will face Union challenge collectively and individually and Local 1014 will be part of that effort. In addition, we are a Fire Protection District and we are analyzing whether such and order would even apply to our special district. This process will take some time as both administrative and legal challenges mount. We have also reached out the Board of Supervisors and the CEO to try to broker a bridge for the Departments and Unions with issues. We will update you as those challenges mount.
Finally, today Local 1014 along with our partners at CPF received text bill language of Assembly Bill 1993(Wicks, Aguiar-Curry, Low, Akilah Weber). This bill attempts to provide a requirement for all businesses in California to comply with a vaccine mandate order and that all employees and subcontractors working for the companies, in cities, counties and charter cities unless they have an approved exemption in place. We have adamantly opposed this bill which was recently introduced and we will lobby heavily against it on all levels. There is a fair and legally authorized place to deal with any vaccine mandate and that is the bargaining table. This law would circumvent the bargaining process and also put agreements and rules in cities and counties in conflict with any such state law. See CPF Leadership Alert here. We will keep our members informed on the progress of this bill and our opposition. |
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In Solidarity,
President Dave Gillotte and the Local 1014 Executive Board |
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