6/25 Oakland Protest Over Discriminatory Firing

Personally I'm inclined to believe the comrades of BAWDN when they say that "SA was fired in December 2002 as a result of an unfair and discriminatory labor practice". But more info is needed to back up this assertion, and that information should be posted here, not just available only through email.

Was he fired by virtue of a perhaps technically correct application of an unfair and discriminatory policy? If so, what is that policy?

If not, what was he allegedly fired for and what is the basis for the claim that his firing was unfair and discriminatory? Was he a union activist? Was he politically active in ways that displeased his bosses? Is it just that he's an immigrant (as implied) in a time of persecution of immigrants?

Without such information, I, at least, would feel unqualified to argue on his behalf to city officials or anyone else!

June 13, 2003

Dear Friends,

I am asking for your support with my unfair termination grievance against the City of Oakland. After nearly 11 years working as a Civil Engineer for the City, I was fired in December 2002 under the pretext that my Civil Engineering licensee had been delinquent due to a non-payment of renewal fees. This was the result of the State Board of Professional Engineers not updating my change of address. Once I had learnt of this situation, I immediately paid my back dues and sent in the needed documents to bring my licensing up to current status. The board has renewed my license and made it retroactive. However, this did not satisfy the City, since it fired me one month before the State Board had its quarterly meeting to officially reinstate delinquent licenses. Furthermore, the City did not follow its own guidelines of progressive disciplinary actions. The first letter they sent to me was an “intent to terminate”.

My union, IFPTE Local 21, has a filed a grievance on my behalf, charging the City with unfair termination, discrimination and a practice inconsistent with the department’s treatment of other employees in similar situations. We believe the City has acted unfairly and harshly in terminating me. The City had no desire to find a resolution to a simple administrative error, and, in fact, it used this situation to fire me.

I believe I was singled out and treated discriminatorily because of my national origin, my political views and my age.

1. I was singled out as the only engineer in my department who had his license status checked. Management had not checked licenses prior to my case.
2. The City did not sustain any harm or liability because of my delinquent license. In fact the State Board of Professional Engineers reinstates delinquent licenses retroactively, so that there is no break in service.
3. The State Board rules clearly state that a delinquent license shall be reinstated as long as the applicant submits adequate documents and pays renewal fees. I furnished the City with copies of these documents.
4. I was told by the Director of my department that I did not need a license to perform the duties I was responsible for.

In addition to unfairly firing me, the City attempted to prevent me from receiving unemployment benefits. However, the Employment Development Department ruled against the City and granted me the benefits.

My union grievance is scheduled for arbitration. The City Attorney’s office has notified my union that they will not be able to have anyone assigned to this case until October 2003. There will be an informational picket on Wednesday, June 25, noon-1 pm in front of the Oakland City Hall , which I invite you to help out with.

Your support in helping me be reinstated and in ensuring that the City can not unfairly fire employees is appreciated.
In Solidarity,

SA

Were you fired because of your race?

While I cannot comment on this case without getting more facts, I won't be surprised. I worked in Berkeley and I had some of the worst workplace discrimination experience ever. I have put that down in my website Xamplify Inc Sucks .

My experience is that employers have become quite bold, encouraged by a legal and justice system clearly designed to be in favor of employer. Moreover, the common public is not much interested in such cases.

Good luck to you.

there is a piece to the puzzle missing, that else went on.

Mayor Jerry Brown: (510)238-3141, officeofthemayor [at] oaklandnet.com

Robert Bobb, City Manager: (510)238-3301, rbobb [at] oaklandnet.com

Calvin Wong, Director of Building Services: (510)238-4794, cwong [at] oaklandnet.com




Dear Mayor Brown, Mr. Bobb and Mr. Wong:

It has come to my attention that SA, a licensed Civil Engineer who worked as an engineer for the City of Oakland for nearly 11 years, was wrongfully terminated from his position with the City in December 2002 as a result of an unfair and discriminatory labor practice. We were also troubled to observe that the City of Oakland did not follow its own guidelines and procedures of progressive disciplinary actions when dealing with SA.


We understand that a lapse in SA’s Civil Engineering license due to inadvertent non-payment of renewal fees has been cited by the City as the reason for his termination. However, since the State Board of Professional Engineers has renewed his license and made it retroactive, this does not constitute a valid reason for Mr. A’s firing.

Furthermore, we understand that the City did not sustain any harm or liability whatsoever as a result of this delinquent license. In fact, the State Board of Professional Engineers routinely reinstates delinquent licenses retroactively, so that there is no effective interruption in service.

We trust that you will promptly look into the timely reinstatement of SA with back pay. We also ask that you ensure that the City will not be able to unfairly fire employees again in the future.

Sincerely,

Since Robert Bobb is longer working there, it is best if the protest letters and phone calls go to Jerry Brown. Thank you very much for all the support. Here is the sample letter:

Mayor Jerry Brown: (510)238-3141, officeofthemayor [at] oaklandnet.com

Dear Mayor Brown:

It has come to my attention that SA, a licensed Civil Engineer who worked as an engineer for the City of Oakland for nearly 11 years, was wrongfully terminated from his position with the City in December 2002 as a result of an unfair and discriminatory labor practice. We were also troubled to observe that the City of Oakland did not follow its own guidelines and procedures of progressive disciplinary actions when dealing with SA.


We understand that a lapse in SA’s Civil Engineering license due to inadvertent non-payment of renewal fees has been cited by the City as the reason for his termination. However, since the State Board of Professional Engineers has renewed his license and made it retroactive, this does not constitute a valid reason for Mr. Aghamir’s firing.

Furthermore, we understand that the City did not sustain any harm or liability whatsoever as a result of this delinquent license. In fact, the State Board of Professional Engineers routinely reinstates delinquent licenses retroactively, so that there is no effective interruption in service.

We trust that you will promptly look into the timely reinstatement of SA with back pay. We also ask that you ensure that the City will not be able to unfairly fire employees again in the future.

Sincerely,