Representation Update: Waiver Victory for CAPE Members

The Assessor’s Office has admitted a manager violated the Employee Relations Ordinance when he demanded that CAPE members waive their right to receive additional compensation for performing work outside their classification as a condition for transferring to his unit.

In a June settlement of the Unfair Labor Practice Charge case, the Assessor admitted the Assessment Appeals Board unit manager violated the Ordinance and the Employee Relations policy of the Assessor’s Office by his action. The Assessor considered the manager’s actions “misconduct, subject to disciplinary action,” according to the settlement.

The Assessor Management dealt directly with Supervising Appraisers and members in classifications below Supervising Appraiser. Management required members to sign individual agreements waiving their right to additional compensation for performing Assessor’s Representative work as a condition of transfer. The assignment is classified as a Principal Appraiser, which is the next higher classification in the Appraiser classification series above Supervising Appraiser. The MOU states employees may pursue additional compensation when their assignment is one performed by a higher classification.

In the agreement, the Assessor agreed to make sure managers understand the office’s Employee Relations Policy and that violating the Policy was considered misconduct.

The case serves as a reminder to all CAPE members: Regardless of the department you work in, if management asks you to waive your rights negotiated and provided in the MOU, contact CAPE immediately. CAPE is here to vigorously protect the rights of our members.