UPDATE MEET & CONFER BETWEEN THE UNION AND ADMINISTRATION

Extension of Telework for Interpreters
 
The Union and the Court had a productive Meet and Confer session this morning, Thursday, July 29th. CFI expressed appreciation for the Court’s decision, announced yesterday, to extend telework for an additional thirty days, and related to Management the outpouring of relief and appreciation from the membership that immediately followed the Court’s announcement.
 
CFI attorney, Laurie Burgess, joined us for this Meet and Confer session, and expressed gratitude for the Court’s decision to take the time to approach the question of return to on-site work in a thoughtful and meaningful way, given the life and death nature of the situation. 
 
All parties to the Meet and Confer agreed that this extension period allows for a continued conversation about how to provide for and improve upon workplace safety in a time of COVID, both for those currently working on site and in terms of a planned and sensible transition process for those returning to on-site work in the future. 
 
In addition to the interpreters, the Court has extended telework for other employee groups for whom teleworking also continues to be feasible, while yet other employee groups have been required to remain on or return to on-site work. The Court reminded the Union that any employee on telework -- teleworking managers included -- can be called to report back to work in the courthouse if there is an on-site need.
 
The Court asserted that it is still encouraging 6’ social distancing where possible, especially in areas where people will be removing masks to eat, although it is no longer mandated by the Department of Public Health. The Union pointed out, however, that according to different public health agencies, there is a distinction in the indicated protocols for vaccinated and unvaccinated individuals. While CFI applauds the universal mask requirement within courthouses, the Union believes that since the vaccination status of members of the public and employees alike will be unknown, the safest course of action is to keep the higher level of protocols in place, meaning that, as specified by the CDC, 6’ social distancing should continue to be a requirement.
 
CFI recommends this for everyone’s protection, not just interpreters, but the point was made clear that the unique way interpreters work also requires an additional level of protective protocols. Interpreters often visit multiple courtrooms daily and, in some cases, especially for OTS interpreters, multiple courthouse locations, bringing us in contact with more people in a day than any other employee group. The nature of interpreters’ work also often requires greater physical proximity to the individual receiving language services than is required of any other employee or Court partner with whom these court users interact. 
 
The Union asked whether the Court is looking into which types of proceedings may be feasible for remote work as an accommodation option through the Department of Leave Management for interpreters at high medical risk. Although the Court could not provide a definitive answer at this time, the issue is still an active part of the conversation. 
 
The Union was made aware of some enhanced safety measures that have already been implemented by the Court in response to on-site safety concerns interpreters have expressed to Management, including:

 

Plexiglass barriers in lock-up
 
Sheriffs agreeing to place headsets on custodies where safe to do so
 
Provision of 2-way devices with 3 headsets each for lock-up interviews 
 
In our conversation it was acknowledged that the two-way devices can also be used for witness testimony to avoid unnecessary physical proximity.
 
Jurors are only being allowed into the courtroom one panel’s worth at a time.
 
For contact tracing, all interpreters on-site at the time of a positive COVID report, including floaters assigned on a given day, are being contacted by Supervisors to ask whether those interpreters had been in the proximity of the COVID positive individual.
 
If an interpreter informs a supervisor or manager that the lounge area seems too crowded, an alternate waiting area will be provided.
 
Management reiterated that the Court wants to hear of any impediments to a safe and healthy workplace, and again expressed the shared desire to actively address and resolve any hazardous conditions. Management also wished to remind the membership that they can only address issues of which they have been made aware, so ask that interpreters please speak up.  They assured the Union in no uncertain terms that members need not fear retaliation for bringing an unsafe working condition to the attention of Management.
 
To review, the procedure to follow in case of an unsafe working condition -- whether COVID-related or otherwise -- is to contact one’s Supervisor. If the Supervisor is not available at that moment, contact Language Access Services Management directly. The Union suggests that if the communication is telephonic, the member who experienced the hazardous condition should follow-up with an email to the Supervisor and/or Manager with whom they spoke, and CC the Local, so that all parties are in the loop and able to help facilitate a solution. 
 
An overarching part of this process, not unlike conversations happening in other workplaces, is the identification of the ways in which the workplace has changed because of the pandemic. Due to the evolution of the workplace to meet the challenges of the past year and a half, what newly feasible options have emerged both for accommodation purposes, and as potential new and more effective routine ways of handling certain types of proceedings and interpretation events? This potentially fruitful conversation is ongoing.
 
CFI was assured that the information presented, and concerns raised in the Meet and Confer meetings between the Union and Management are taken back to Court executive leadership, i.e. the decision makers, and that materials provided for review will be passed on as well. 
 
The Union and the Court agreed to meet again approximately two weeks prior to the new planned return to on-site date, yet undetermined, to continue assessing the changing pandemic situation, as well as addressing the various issues raised in a spirit of collaboration in creating the safest, healthiest, most supportive workplace for interpreters to effectively provide the highest level of language access possible.
 
In unity, your Meet and Confer Team
 
Kathleen Sinclair
Gabrielle Veit-Bermúdez
Roxana Cárdenas
Mónica Almada
Michael Ferreira