Caught in a deadlock? Kern in-home care providers and supervisors expected to declare an ‘impasse’

BAKERSFIELD, Calif. (KGET) — Chants of “pay your share”; “we’re not getting enough”; and “dollars, not cents,” have long rung through Kern’s Board of Supervisors chambers.

Negotiations have repeatedly failed between Kern’s in-home care providers and the County, and they haven’t been able to agree on a new contract since the last one expired in 2017.

That contract offered an 85-cent increase in wages but a complete cut in health benefits, workers told 17 News.

Since then, it’s been a lot of back and forth for seven years, with both sides stubborn on what they’re willing to settle on.

As the future of a new contract remains murky, a declaration of an impasse — or inability to move forward on negotiations — may be the next step.

A decision will be made at next Tuesday’s Board of Supervisors meeting, where county administrators will recommend the Board moves forward with an impasse.

“We’ve been trying to get an agreement with them to provide a raise since 2017,” said Kern County Interim Chief Administrative Officer, Elsa Martinez, in a phone interview with 17 News. “Everybody understands that they provide a valuable service to our community. We just need to come to the table to try to negotiate something that is beneficial.”

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An impasse was declared once in 2019 before talks resumed via a process called mediation.

An agreement was not reached.

These medical providers are part of the state-run In-Home Supportive Services Program and the United Domestic Workers of America union.

Workers are paid California’s minimum wage, which increased to $16 an hour just this year. But these workers are asking the county for a supplemental wage increase.

On the bargaining table now is what the county calls a “Last, Best and Final Offer” for a three-year contract.

That deal promises a 60-cent increase year 1; an additional 20 cents year two; and 20 more cents year three. So, a total of one dollar by the end of those three years.

Again, that’s on top of the minimum wage.

“Our goal is to have an agreement with them to provide a raise for the employees, our proposal provides a raise for the employees,” said Interim CAO Martinez. “And for them to be able to come back at the right time to the table and negotiate when that contract expires…”

UDW told 17 News over the phone, while they’re prepared to agree to that wage increase, they’re firm on rejecting the language of the proposal.

UDW explained the County is suggesting once the contract is over, workers would go back to being paid just the state minimum wage (called “sunset” language). That, they argued, could mean wage cuts for some workers.

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The union said, as a result, they have requested state assistance and are hoping for mediation.

Martinez said mediations are handled by the state, as IHSS workers are state employees. The county is only an employer of record “for bargaining purposes only.”

That means while workers negotiate contracts and such with the county, workers are subject to state paychecks, state supervision, etc.

“I know the union may be here with a lot of people but at the end of the day they’re another 9,000 people that are not at our Board meeting that are missing on a raise, and we want them to be aware we want to give it to them,” Martinez said.

UDW clarified there are closer to 10,000 IHSS workers in Kern County and a little over 13,000 service recipients.

Furthermore, Martinez noted whenever a negotiation fails, the county risks being punished.

Again, because IHSS is a state program, Kern receives funding from the state. When negotiations are missed, the state withholds those funds. Thus, Martinez said, it’s a “de facto punishment,” as the county must still pay the workers.

Instead, the funds are taken from the county’s General Fund.

If no agreement is reached at the potentially-upcoming-mediation, state funds may be withheld again.

The impasse must be agreed to by both parties.

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