This is where my employment
challenges began, Vista Del Mar in Cheviot Hills. I joined my mother, who was
already a 10 year Vista employee.
As a Youth Development Counselor,
I began reading the Employee Union Contract and discovered discrepancies in the
actual and factual and requested clarification. When I began making waves, I
was watched closely and ultimately terminated after 1 year, for “cause”.
My termination was because I
confronted Vista’s management and their Local 800 union regarding facts about
working in the workplace that I learned from my former supervisor at Blue
Cross/Blue Shield as well as provisions in the contract that pertained to my
position as a Youth Development Counselor. The main issues were being paid time
and one-half for working weekly hours in excess of 40, 15 minute breaks, lunch
periods and vacation pay.
As a YDC at Vista Del Mar on
the graveyard shift (10 p.m. until 7a.m.), we had no one to relieve us for
breaks or lunches and we were already working 45 hours each week. Technically
(and by law) the 5 additional hours should have been paid at time and one-half;
but they weren’t. Vista Del Mar had “creative” payroll procedures paying straight
time for 45 hours. I fought this in Federal Court (CV88-04861JGD) all the way
to the Supreme Court’s Appellate Court, suing Vista (employer) and Local 800
(union). The transcripts in that case will show that Judge Davies suggested to
the attorneys on record to “pay the lady”, which they did not do. In the
interim; Judge Davies was assigned to hear the case involving the 4 policemen
accused in the beating of Rodney King. My case was ultimately put on the back
burner and later placed back on Judge Davies’ calendar.
During the 6-year battle with
Vista, the U S Labor Commission, U S Federal Court, Supreme Court and the Ninth
Circuit Appellate Court, Judge Davies’ final decision was in favor of Vista.
This crushed my faith in the
judicial process, not to mention caused a financial burden. But, the knowledge
I gained was valuable. After years of creative payroll procedures; and my
lawsuit against them; Vista Del Mar made slight changes the payroll procedure
to reflect and corroborate the claims against them as detailed in my lawsuit.
Local 800 Union quit and no longer represents Vista Del Mar.