STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

INDUSTRIAL WELFARE COMMISSION

 

 

 

Public Meeting

 

 

 

 

 

 

February 7, 2003

 

 

 

 

 

State Capitol, Assembly Room 437

Sacramento, California

P A R T I C I P A N T S

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Industrial Welfare Commission

BILL DOMBROWSKI, Chair

LESLEE COLEMAN

TIM CREMINS (arrived 10:03 a.m.)

HAROLD ROSE

 

Staff

DOUG McCONKIE, Analyst

DAVID ZAHEDI, Analyst

 

 

 

 

 

 

 

 

 

I N D E X

Page

Proceedings 4

Consideration of Petition to amend Wage Order 5 - 4

24-Hour Group Homes for Elderly and Disabled

LONNIE NOLTA, Residential Care Society 5

EARL LYTLE, community care home operator 7

CAL PARKER, SR., San Joaquin County Care Providers 8

Association

FROND GELEE HAUSEY, Association of California Care 8

Operators

BOB BALDO, Association of Regional Center Agencies 9

JIM BURTON, Regional Center of the East Bay 9

SISTER MARYGRACE, East Bay Services to the 9

Developmentally Disabled

BARBARA MAIZE, Respite Inn 11

ALLEN DAVENPORT, Service Employees International 12

Union

New Business 14

Adjournment 16

Certificate of Reporter/Transcriber 17

P R O C E E D I N G S

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(Time noted: 10:02 a.m.)

COMMISSIONER DOMBROWSKI: All right. Iím going to call the meeting to order.

Let the record Commissioners Coleman, Rose, and Dombrowski present, so we have a quorum.

There is only one item on the agenda, and thatís consideration of petition requesting us to investigate amending Wage Order Number 5 pertaining to employees of 24-hour group homes for the elderly and disabled, specifically in regards to overtime pay and sleep time.

I see Commissioner Cremins has just arrived.

COMMISSIONER CREMINS: I apologize.

COMMISSIONER DOMBROWSKI: What weíre doing here today is basically taking brief testimony, if need be, and voting to publish a notice that weíll be accepting nominations and appointing a wage board on this issue if a majority of commissioners approve, at the February 21st meeting.

Iíve gotten a lot of cards up here. We only have the room for two hours, and I donít think thereís a lot of controversy, so I donít -- I donít know, Lonnie, if you really want to have all these people testify, or, Allen, what you want to do.

MS. NOLTA: All right. If we could have them just identify themselves, would that be helpful?

COMMISSIONER DOMBROWSKI: Thatís fine.

Allen, do you have anybody that you need --

MR. DAVENPORT: No. Iím just going to be the one.

COMMISSIONER DOMBROWSKI: Okay.

MS. NOLTA: Allen, do you want to go first?

MR. DAVENPORT: No, no. Youíre the petitioner. Youíre first.

MS. NOLTA: I thank you.

I would say -- please join me.

Iím going to say good morning to all of you. Thank you very much.

I will try and be very brief. Youíve gotten my letter, again, regarding the petition for the Residential Care Society asking consideration for the appointment of a new wage board and review of the issue regarding the overtime pay and the sleep time exemption.

I just want to mention that I did submit some names in, with their résumés.

Also, Frond Gelee Hausey has agreed that she would like to serve on the wage board also, and I do have her résumé and will give it to the Commission staff.

COMMISSIONER DOMBROWSKI: I only see three names on one of your submissions. Unless Allen tells me differently when he comes up, weíll have three and three, and then we need two more names for alternates --

MS. NOLTA: Right.

COMMISSIONER DOMBROWSKI: -- for five total, prior to the --

MS. NOLTA: The February 21st?

COMMISSIONER DOMBROWSKI: -- prior to the February 21st meeting.

MS. NOLTA: Right. We will do that. I will have them to the staff early this next week, to make it a little bit easier.

Also, Iíd like to introduce Mr. Earl Lytle, and for just identifying himself, also the fact that he has offered to serve on the board. So, what Iíll do is provide a list, then, to Doug with résumés for people.

Thank you very much. I really appreciate your consideration in having this meeting today. And again, I urge you to please let us move forward in looking at a wage board to address this issue. And we will continue to work as we had committed to you regarding the issues of the SEIU.

COMMISSIONER DOMBROWSKI: And just for the commissioners, I know Lonnie has talked to me and Allen has talked to me about Commissioner Bosco, who couldnít be here. He is -- heís been, I think, trying to facilitate this, and has been, I think, helpful to the process.

MS. NOLTA: He has been extremely helpful.

Also, we have broadened the information base by inviting a representative from the Department of Developmental Services and also a representative from the Association of Regional Center Agencies. Mr. Baldo is here this morning.

Also, I wanted to thank Commissioner Cremins for coming by the meeting, last one that we had. And we have a meeting this next Monday morning.

Again, thank you very much. Lonnie Nolta, with Residential Care Society.

MR. LYTLE: Iím Earl Lytle. I live in Stockton. Iíve been associated, with my wife, for twenty-eight years in a community care facility, a small family care home. I just recently retired from the state as a psychiatric technician of 42 yearsí service, where Iíve worked in all avenues of both MI and developmentally disabled clients, from profound to Penal Codes. And Iíve been associated with many members of the community in my area and other areas that are in the same business as my wife and me, which is a devastating thing.

Thank you.

COMMISSIONER DOMBROWSKI: Thank you.

MS. NOLTA: He is -- let me clarify that they are supporting the interests of the petition.

COMMISSIONER DOMBROWSKI: No, I understand.

MS. NOLTA: Go ahead.

MR. PARKER: Iím Cal Parker. Iím the vice president of San Joaquin County Care Providers Association. And I too have been -- actually, Iím a board and care brat. Our familyís business has been in existence for 52 years. Iíve been president of board and care for San Joaquin County three times, presently vice president again.

Iím here in support of the -- to change the sleep time effort, and also putting my name in the hat. Iíve got extensive experience working on different boards throughout San Joaquin County. Presently I sit on the Economic Development Association for San Joaquin County. Iím presently the president of that board. Iím also president of the Senior Service Agency in San Joaquin County.

And I have tried to keep everything brief, so I think thatís enough of a synopsis and everything.

COMMISSIONER DOMBROWSKI: Thank you.

MR. PARKER: Thank you.

MS. HAUSEY: Good morning. Iím Frond Hausey, and Iím here representing the Association of California Care Operators. And they have provided a statement for you asking for your recommendation and support for the wage board, appointment of a wage board. So, Iíll keep it brief at that rate.

COMMISSIONER DOMBROWSKI: Thank you.

MS. HAUSEY: Thank you.

MR. BALDO: My name is Bob Baldo. Iím executive director of the Association of Regional Center Agencies. We represent the 21 regional centers in California, serving 186 persons with developmental disabilities.

This is a very large issue for us and for the people that we serve, and urge your -- we support the idea of the creation of the wage board.

Thank you very much.

MR. BURTON: Good morning. My name is Jim Burton. Iím executive director of Regional Center of the East Bay, one of the 21 regional centers that Bob Baldo represents.

Currently, we serve 12,000 people with developmental disabilities in Alameda and Contra Costa Counties. We have about 1,500 consumers who reside in small community care facilities that Iím very concerned about.

And I want to express my strong support for the consideration of the petition to amend Wage Order 5. Itís particularly difficult in the Bay Area to keep community care facilities operational with the high cost of living that we face. And I urge your support.

And thank you for the opportunity to testify.

COMMISSIONER DOMBROWSKI: Thank you.

SR. MARYGRACE: Respected members of the IWC, Iím Sister Marygrace, and Iím -- I work for East Bay Services to the Developmentally Disabled. And I represent the provider vendor advisory community in the East Bay, covering Alameda and Contra Costa County.

We earnestly ask you to vote for and, indeed, form a wage board to look at how Wage Order 5 relates to services for adults. And very briefly, our service is that of care and compassion, a high level of know-how, sheer determination, and weíve got to meet the needs of each individual person in our care. In the residential setting, we have the whole person in our hand. We have to make sure that theyíre happy, theyíre healthy, theyíre safe, theyíre growing as a person.

And now we are certainly in uncertain and challenging times. Our industry, in the background, has learned how to stretch the dollar to the nth degree, but the stretch is beyond. Just recently, our PG&E bills went up 11 percent in the Bay Area. The last few months -- over the last six months, we had -- in July we had a raise of workersí comp that went up, for some of our agencies, from 35 to 60 percent. That was July 1. January 1, the workersí comp went up again 5.1 percent.

So, in the background of all of this and providing excellent service, we are looking at the realities that weíre facing. We cannot risk displacing housing and programs for people. And I would ask that, together with the IWC and with other agencies in the community, that we must create, we must be resourceful enough to protect the dignity and the potential of some of the most fragile and the most vulnerable people in our society.

We thank each of you on the Commission -- each of you commissioners for your openness and your wisdom in looking at this issue.

Thank you.

COMMISSIONER DOMBROWSKI: Thank you. Go ahead.

MS. MAIZE: My name is Barbara Maize. Iím on the board of directors of the Respite Inn, a residential out-of-home respite facility for people with developmental disability. And I just want to support what has already been said.

Iíd also like to mention Iím a member of ARC, ARC California, which is a parent/family-based organization that has been in existence for over fifty years advocating for people with developmental disabilities. And also, Iím a member of the California Rehabilitation Association, which represents about 150 organizations that provide these services. And those two organizations are also very interested in this issue and very thankful that you are considering establishing a wage board.

Thank you.

COMMISSIONER DOMBROWSKI: Thank you.

Allen.

MR. DAVENPORT: Iím Allen Davenport. Iím director of government relations for the Service Employees International Union in California. We have been engaged over the last several months, under the leadership of Commissioner Bosco in particular, in discussions about how we might resolve this matter in this industry.

I think we all agree that we need to have quality services for the people who need the services in this industry. And we all have relatives who are going to be using these services at one time or another in their lives.

We believe that the quality services come with the quality workplace, and the quality workplace includes wages and benefits that allow for a lifestyle that enables people to live in dignity in their communities, whether they work there or whether theyíre being served by that facility.

We genuinely are concerned that the -- that the rates that this industry suffers under, receiving from the state, are not sufficient to meet the standards of wages that the people who work in these facilities and the people who are served by these facilities deserve. Weíre committed to working with the proponents of this particular petition to -- enhancing that -- this industry now and for many years in the future.

We believe that we have been in good faith negotiations with the petitioners. And consistent with that good faith, we have no objection to the Commission proceeding on this matter under consideration today. And our support for this petition will be consistent with the degree to which we measure the good faith of the continuing negotiations that go on outside of the wage board in regard to restructuring the industry so that it can be more competitive with other quality workforce places and receive quality workers because they can pay quality wages.

The matter of sleep time in particular is a matter of -- I want the commissioners to understand is that -- a matter of people are sleeping, but theyíre on call. And so, there has to be a consideration of the fact that they -- even though theyíre sleeping, theyíre on duty. And how they get paid for that, I think, is something we can probably, if we continue in the good-faith effort that has been going on so far, I think we can reach a resolution on this. And so, Iíd urge your "aye" vote on the matter today.

COMMISSIONER DOMBROWSKI: Thank you.

Any questions?

(No response)

COMMISSIONER DOMBROWSKI: Any other testimony?

(No response)

COMMISSIONER DOMBROWSKI: All right. Iím going to make a motion, then, that we put on the February 21st agenda that weíll accept nominations, appoint a wage board, and approve a charge to the wage board on this item.

Do I have a second?

COMMISSIONER ROSE: Second.

COMMISSIONER DOMBROWSKI: All in favor, say "aye."

(Chorus of ayes)

COMMISSIONER DOMBROWSKI: Any opposed?

(No response)

COMMISSIONER DOMBROWSKI: Okay. That measure passes.

Go ahead.

COMMISSIONER COLEMAN: Can we have a view of the wage board charge by the next meeting, just so we have something to consider?

COMMISSIONER DOMBROWSKI: Yes. Weíll get it.

And I said privately, so let me make sure on the transcript -- letís have nominations for three members from each side, and then two alternatives. And if we could get those in by the end of next week to -- to Doug at the IWC offices, that would be -- that would be helpful.

Okay. Is there any new business people -- anyone wants to bring?

(No response)

COMMISSIONER DOMBROWSKI: Okay.

MS. NOLTA: I donít have any new business, but I wanted to say itís been a long time, a real long time. And I just want to thank you very much on behalf of --

COMMISSIONER DOMBROWSKI: Youíre the one -- youíre the one whoís doing the work.

MS. NOLTA: Thank you very much.

COMMISSIONER CREMINS: I suddenly feel compelled to make a comment.

(Laughter)

COMMISSIONER CREMINS: At the -- I was able to attend one of the meetings with Commissioner Bosco, and he was, I thought, dealing with a very difficult task in a very diplomatic way. But there was a suggestion, though, by he and I that, hopefully, you work cooperatively on securing some state budget funding. And I hope you continue to do that.

MS. NOLTA: Weíll try. I mean --

COMMISSIONER CREMINS: I know -- I know itís very difficult, but --

MS. NOLTA: Itís hard right now, but weíll keep trying.

Thank you.

COMMISSIONER DOMBROWSKI: Sure. So now theyíre going to come and testify when Iím on the Tax Commission.

(Laughter)

COMMISSIONER DOMBROWSKI: Seeing no new business, do I have a motion to adjourn?

COMMISSIONER COLEMAN: So moved.

COMMISSIONER DOMBROWSKI: Second?

COMMISSIONER ROSE: Second.

COMMISSIONER DOMBROWSKI: All in favor, say "aye."

(Chorus of ayes)

COMMISSIONER DOMBROWSKI: No opposed. We are adjourned.

(Thereupon, at 10:18 a.m., the public

meeting was adjourned.)

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CERTIFICATE OF REPORTER/TRANSCRIBER

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I, Cynthia M. Judy, a duly designated reporter and transcriber, do hereby declare and certify under penalty of perjury under the laws of the State of California that I transcribed the tape recorded at the Public Meeting of the Industrial Welfare Commission, held on February 7, 2003, in Sacramento, California, and that the foregoing pages constitute a true, accurate, and complete transcription of the aforementioned tape, to the best of my ability.

Dated: February 15, 2003 ______________________________

CYNTHIA M. JUDY

Reporter/Transcriber