Union Loses Court Fight With County to Organize

A labor union’s fight to organize and secure a collective bargaining agreement for 50,000 home health care workers, who are paid by the state but supervised by Los Angeles County officials, lost a crucial round Thursday when a judge ruled that the workers cannot be considered county employees.

Superior Court Judge Warren Deering used those grounds to deny a legal claim by the Service Employees International Union Local 434 that the county should be forced to negotiate a labor contract with the low-paid workers.

Instead, Deering agreed with county officials that they are merely administering a state program and that the county is under no obligation to negotiate a wage and benefits pact. Home care workers are supervised and their pay levels are determined by the county, but they are paid by the state.

“That’s a total victory for the county,” said Donovan Main, assistant county counsel, after the ruling.

Hoping for New Ruling

Richard McCracken, an attorney for SEIU Local 434, said the union hopes to persuade Deering to reconsider his decision, arguing that he had overlooked the fact that the county controls virtually every aspect of the home care program except signing paychecks. But he admitted he’s not optimistic.

“The judge can issue a different ruling, although we’re not banking on that,” said McCracken, who added that the union is considering an appeal.

In his ruling, Deering said that since the Legislature budgets funds for the In Home Supportive Services program, the state may be in a better position to determine what additional benefits are needed by home care workers. But he refrained from deciding if the workers could organize and join a union as state employees.

Most of the county home care workers, who make the minimum wage of $4.25 an hour with no benefits, are middle-aged minority women. Working an average of 25 hours a week under county supervision, they help elderly and disabled clients with household and personal chores.

During the last year, in addition to the court battle, the home care workers had turned to mass demonstrations, picketing and public protests at the downtown Hall of Administration to press their case.

After Thursday’s ruling, a spokesman said the union, which has obtained authorization cards from 15,000 workers, will continue to improve the workers’ lot.

“Whatever this decision says, the union will continue to fight for important issues to home care workers, like trying to get health insurance and fighting state budget cuts in home care services,” said Kirk Adams, chief union organizer.