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LAKE COUNTY ? Former court employee Marlene Elder, of Middletown, filed a grievance against Lake County Superior Court (LCSC) contending that administration is in violation of its Memorandum of Understanding (MOU) with its employees. Elder”s case has reached level five of the grievance process bringing it before the Court Executive Committee.

Elder waived her right to closed hearing and has requested the issue be heard in a public hearing scheduled for 4 p.m. Thursday at the Self Help Center 380 N. Main Street, Suite J in Lakeport. Any interested party is invited to attend.

“I believe at this hearing the Court Executive Committee will hear the matter and then take it under submission as they will have two weeks from this hearing in which to make a final decision,” Elder said. “If they would have followed the proper procedure in the first place, it probably would not have come to this.”

Elder contends that when the position that she held for nearly 15 years was eliminated a few months ago, she was not afforded adequate notice, seniority considerations, bumping rights or her right to demotion in lieu of layoff.

“I requested to work in the clerk”s office, for which I have adequate training, stating that I had seniority. This request was denied. I then requested to be placed on a call back list. This request was also denied,” Elder said. “They stated that since this was an elimination the lay-off procedures in the MOU do not apply and that I had to leave.”

Elder said she immediately contacted her union representative. Operating Engineers Local No. 3 has filed a grievance on Elder”s behalf as well as a Public Employees Relations Board (PERB) complaint. Local No. 3 contends that the LCSC administration is in violation of its contract MOU with its employees in that it did not meet and confer with the union before taking drastic action; it did not give adequate notice to its employees regarding layoffs/position terminations; it did not afford its employee her bumping rights; it refused to place its employee on a call back list; and it did not afford its employee her right to demotion in lieu of layoff.

Local No. 3 also contends that the court administration has continually refused to consider all options to rectify its lapse in judgment; has dumped this problem on its human resources department while refusing to take responsibility for its actions; and that it is trying to place its lack of judgment on the backs of its employees.

Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.

Originally Published:

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