On Wednesday, July 11, Monterey County employees received an e-mail from Human Resources with an attached legal notice from the California Public Employment Relations Board (PERB). The County was ordered to notify all SEIU-represented employees that management had improperly denied a worker’s right to union representation in the appeal of a negative performance evaluation. The notice also confirms that the County will cease and desist from interfering with employees’ right to representation. You can read the notice here.
Article 12 of our employment contract with Monterey County outlines workers’ rights to appeal a negative performance evaluation.
Workers can take the following steps if they do not agree with the overall rating on your evaluation.
Step 1: The first step is to have a conversation with your supervisor to attempt resolving the differences.
Step 2: If the supervisor refuses to alter the performance rating, write a memo or an e-mail to the next level manager and tell him/her that you are appealing the evaluation rating. You must state the specific changes in the evaluation that you are seeking. The manager is required to meet with you to attempt resolving the issues. Bring your steward to the meeting, because you are entitled to representation.
Step 3: Within 30 working days of the meeting with the manager, if the issues are still unresolved, write a memo or an e-mail to the department head. Again, you must state the specific changes in the evaluation that you are seeking. The department head is required to meet with you within 14 working days to discuss and attempt resolving the issues. Bring your steward to the meeting, because you are entitled to representation.
You also have the right to submit a written rebuttal to your personnel file. In fact, you should always respond to any personnel document from management that you disagree with.
Contact your steward or our Contract Enforcement Department in Memberlink if you need help enforcing your rights.