With the unanimous consent of the AOCDS Board of
Directors, AOCDS legal counsel contacted the County of Orange via letter regarding Acting Sheriff
Anderson’s proposal to unilaterally modify current work
schedules at the Theo Lacy Facility. Below is the text
of that letter.
LAW
OFFICES OF CHARLES GOLDWASSER
A PROFESSIONAL CORPORATION
5858 WILSHIRE
BOULEVARD .'
SUITE 205
Los ANGELES,
CALIFORNIA 90036
TELEPHONE
(323j964-7100
FACSIMILE
(323) 964-7107
E-MAIL
CGOLDWASSER@SBCGLOBAL.NET
March 28,
2008
VIA FACSIMILE AND FIRST CLASS
MAIL
Thomas G.
Mauk, County Executive Officer
333 W.
Santa Ana Boulevard
Santa Ana,
CA 92701
Re: Theo
Lacy Schedule Change
This office
represents the Association of Orange County Deputy
Sheriffs. I have been advised that the Acting Sheriff
has given notice to our members of a change in
scheduling at the Theo Lacy Facility
This change
in hours and working conditions may not occur without
the parties engaging in the meet and confer process. In
Santa Clara County Counsel Attys. Assn. v. Woodside
(1994) 7 Cal.4th 525, the California Supreme Court
said that, "The duty to bargain requires the public
agency to refrain from making unilateral changes in
employees' wages and working conditions until the
employer and employee association have bargained to
impasse ..." [citation omitted]. Santa Clara,
supra at page 537. This has not happened. The Acting
Sheriff has changed the policy without complying with
the law.
Please take
all necessary steps to correct this violation and advise
the Association immediately. The Association has
directed me to seek judicial relief if this violation
has not been rectified by next week. Thank you for your
attention to this matter.
Very truly
yours,
Charles Goldwasser
CAG/leb cc:
Wayne Quint, Mark Nichols, Jack Anderson (via facsimile)
