Union Votes to Fight Insider Hiring Suit

Arguing that the hiring policies outlined in their contract are blind to an applicant’s color, gender or age, Ventura County community college union leaders have decided to fight a district lawsuit that alleges the policies are discriminatory.

On Tuesday, about 30 members from the Service Employees International Union voted unanimously to stand behind a clause of their contract that requires the district to promote from within their ranks before hiring outside applicants.

Union representatives say that while the clause gives preference to college insiders, it does not discriminate against any groups protected by affirmative action and equal opportunity law.

But district officials disagree. Last month, the Ventura County Community College District filed a lawsuit asking a Superior Court judge to decide whether the clause is legal. Until the matter is resolved, district officials have instituted a hiring freeze for service employees.

Questions about the union contract arose in January after a temporary employee at Ventura College, who was excluded from interviews for a full-time job because he was not already on the permanent faculty, threatened to sue.

Fred Mickle Jr., whose temporary assignment as student activities specialist expires Friday, was ranked among the top applicants for the permanent slot after a preliminary screening. But final interviews went to three current faculty members.

Hiring any of the three would not violate affirmative action guidelines, said Greg Cross, the local representative for the service employees union.

Like Mickle, who is African American, all three candidates are members of groups protected by law against unfair hiring policies, he said.

“In practice, [the clause] does not discriminate,” Cross said. “It doesn’t violate affirmative action plans and it is lawful.”