Judges and Judiciary
Nov. 21, 2002
Trials Derail In Santa Clara as Employees Stay on Strike
SAN JOSE - The second day of the Santa Clara County court employees' strike was marked by chaos at the Hall of Justice, a judicial ruling favoring the union, rumors of a sweetened management offer and renewed talks with a state mediator.
Daily Journal Staff Writer
A San Mateo County judge sitting by assignment ordered 16 court reporters back to work Tuesday afternoon, far fewer than the 59 employees the Santa Clara County court had requested be required to go back on the job.
After meeting with attorneys for both sides all morning, Superior Court Judge Joseph Bergeron essentially reiterated an order he issued Monday night that kept reporters in place for arraignments, ongoing murder trials and a variety of other time-sensitive assignments.
Court administrators had sought to force more employees back to work, saying their absence posed "an imminent threat to public safety," according to their attorney, Joseph E. Wiley, of Wiley Price & Radulovich in Alameda.
The temporary order expires Monday.
Bergeron ordered the parties to go back into mediation. "Frankly, the best way to protect the public interest is for both sides to engage in the bargaining process," he said.
Union officials hailed the limited back-to-work order as a victory, saying it preserves the right of the 600 striking court workers - including reporters, clerks, research attorneys, mediators and administrative staff - to remain off the job without a new contract.
"We're pleased with the outcome and hopeful we will be able to reach a settlement," said union spokeswoman Isobel White.
The two sides met with the state mediator Tuesday evening for the first time since negotiations broke down Friday. "I have no idea what kind of offer will be made," White said beforehand.
The outcome of the mediation session was unavailable at press time.
Despite the presence of the court reporters ordered back to work, attorneys said the situation in court had not improved since Monday.
"[Tuesday] was just as bad," said Assistant District Attorney Karyn Sinunu. "It's a fiasco, in that nothing is getting done."
"Yesterday was like a court holiday," she added. "Today, the reality is sinking in."
The strike was derailing cases already, according to trial attorneys. A mistrial was declared in a medical malpractice case that required extensive expert testimony, according to San Jose plaintiffs attorney Richard Alexander. A personal injury case, a few days from completion after a month and a half of testimony, is on hold, San Jose attorney Allen Ruby said.
A jury deliberating an assault trial was sent home Tuesday because no one was available to read back testimony the jury had requested. The same thing happened the day before, prosecutor Sam Liccardo said.
"We've got a fairly upset jury on our hands," said Liccardo, who was worried about the possibility of a mistrial. "It's just an enormous waste of resources to go through a trial and then have to do it again."
Court officials maintained their silence Tuesday about developments. Rumors circulated about possible management offers - even that a proposal had been made but not acknowledged publicly by either side.
The bargaining process was complicated by mistrust by employees, many of whom said in interviews they simply did not believe management's protestations that there is no money for a larger raise than is being offered. Much of the ire was directed at Chief Executive Officer Kiri Torre, seen as more bureaucratic and less deft politically than her predecessor, Steve Love. Even some judges say they rarely hear from her.
The union is asking for a 6 percent raise in the first year of a new contract. Management is offering a 2 1/2-percent pay increase over three years - a deal that appears to pale in comparison with a four-year, 14 percent increase recently approved for San Mateo County court employees.
While the union has had its own divisions over its negotiating team, research attorney Sunil Gupta said any differences have been papered over because of the universal dislike of management's offer. "They couldn't have done anything better to unite this union than [their] offer," he said.
Riley Guerin
rguerin@journaltech.com
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