Jackie Lacey and Steve Cooley stave off union busting and perjury allegations until December 4th. One day after Jackie Lacey is sworn in to office she prepares for trial. Steve Cooley makes his way to federal court for union busting over the past decade. (Read first amended complaint here) Jackie Lacey testified in an Employee Relations Commission hearing, under oath, that she warned well respected Deputy DA Rob Dver to stay away from the union or it would be bad for his career. (Jackie Lacey transcript #1) (Jackie Lacey transcript #2) Rob Dver testified that elected District Attorney Steve Cooley told him to stay away from the union and was then transferred to a lesser assignment. (Rob Dver-transcript) Jackie Lacey later perjured herself when she recanted her testimony claiming the “twinkie defense”. (Lacey perjury transcript) She said her original testimony, under oath, in front of the Employee Relations Commission was inaccurate because she had “low blood sugar” and was “obviously confused.” Her poor eating habits were her excuse when she realized the impact of her statements about Steve Cooley and his anti-union behavior. Jones Day will likely argue that Lacey and Cooley were merely warning their friend not to work with Steve Ipsen, an accomplished trial attorney with an outstanding trial record, and the prosecutors union. Unfortunately, this violates the United States Constitution under the 1st Amendment. Lacey and Cooley are at the helm of turmoil that has plagued the DAs office for the past 10 years. They are accused of violating the union members’ rights of free speech and rights of association under the federal constitution.
THE SOULVINE: COST OF UNION BUSTING
By BETTY PLEASANT, Contributing Editor
Story Created: Sep 28, 2011 at 7:09 PM PDT
As anticipated, the lawsuit against District Attorney Steve Cooley and his joined-at-the-hip cohort, Jacquelyn Lacey, for their union busting campaign to thwart the organizing of their subordinate deputies in the District Attorney’s office, is costing us taxpayers a fortune.
Oh, and you know that face-slapping preliminary injunction Judge Otis Wright issued on March 2, 2010 against Cooley for his flagrant anti-union actions? Well, last week’s settlement stipulates that the injunction be declared permanent and in full effect for as long as Cooley is the D.A. — “including both his current term and any subsequent terms.”
But wait. That’s not all. We know that whenever private citizens sue a government entity, we, the taxpayers, have to pay the price. When this matter came up, I decried the fact that the tax-supported county counsel was defending Cooley/Lacey against this suit. I felt, and still feel, that the Cooley/Lacey crimes are outside the realm of prosecutorial immunity and that — like Rep. Laura Richardson and other alleged law-breaking federal officials — these two should pay for their own defense. The on-the-payroll county counsel started working on the Cooley/Lacey defense, but then passed it off to the big time downtown law firm of Jones Day, which is expected to earn big time fees for representing these two miscreants. So, at a time when government coffers are supposed to be at an all-time low, we taxpayers must pay for the settlements and/or awards to five plaintiffs, the salary of the county counsel and the fees for Jones Day — all because Cooley didn’t want his deputies to form a union.
You know what else Cooley did? He did what he always does: He manipulated the justice system to meet his own ends. He engineered a stipulation to dismiss Lacey from the lawsuit, leaving only himself to blame. Why did he do that? It’s obvious. He desperately wants Lacey to succeed him as D.A. and he wanted the taint of this suit removed from her while she’s running for his office. Ah-h-h, he’s so sweet. He’s so helpful to her. That’s why Lacey loves him so and why she says, “working for this man makes my heart glow.”
There is nothing Cooley won’t do to get Lacey elected, up to and including bad-mouthing his old friend and staunch supporter City Attorney Carmen Trutunich and calling in all of his Republican markers so Lacey can have plenty of money to run on. Well, it’s a long time until election day and this thing can get very ugly, particularly in the Black community where the effect of the current Cooley/Lacey regime in the D.A.’s office has been onerous.
Steve Ipsen Announces and Celebrates with the Association of Deputy District Attorney’s in Their Agency Shop Victory via FacebookAugust 18, 2011
Winning a 5:1 vote – the Association of Deputy District Attorney’s affiliated with AFSCME. Now in a vote of 3:2 by all Deputy District Attorneys, union and non-union members, Agency Shop Passes. All deputy district attorneys will pay their fair share and have representation and a voice in their future.
Just announced on his campaign Facebook page Steve Ipsen says, “I am pleased to announce that the Association of Deputy District Attorneys has won our Agency Shop election with a resounding 60% in favor: 302 to 204. As my friends and supporters know, for nearly a decade I have dedicated my efforts towards building the ADDA into a powerful organization looking out for prosecutors in the LA DA’s office, so that we can focus on prosecuting crime and protecting public safety. As the founder of the union, and 8 term president, I was proud when we became a union in 2008, joined in solidarity with AFSCME, the nations largest public employees union, in 2009, and affiliated with AFSCME AFL/CIO in 2010. Now with the agency shop election victory, we have achieved the final victory in becoming the organization prosecutors in Los Angeles deserve.”
Steve Ipsen founded the Association of Deputy District Attorney’s Union and was President of the ADDA for nearly a decade. Succeeded by President Hyatt Seligman, the ADDA continues to win their battles against overwhelming forces by the County.
California Lawyer Magazine reports Jackie Lacey, Mario Trujillo and Steve Cooley are under scrutiny for UNION BUSTING!June 3, 2011
These three prosecutors will have some questions to answer when they take the witness stand in September and the Jones Day attorney’s will likely have to go through many practice rounds of cross examination to prevent further mishaps while under oath.
THREE STRIKES AGAINST THESE PROSECUTORS ALREADY
The HONORABLE Judge Otis D. Wright imposed an unprecedented federal injunction to stop Los Angeles County District Attorney Steve Cooley for union busting activities that he called “striking and rampant”. He stated, “Plaintiffs have established a high likelihood of irreparable harm. Defendants’ far-reaching actions have pushed the union to the brink and, as Plaintiffs point out, “ADDA’s ability to recruit new members, and retain current ones, has been severely strained by the pressures from Defendants’ harassment and intimidation.” (Mot. at 21.) Indeed, given the fear instilled by Defendants, and the union hesitancy and defections resulting therefrom, it is very likely that ADDA will not even exist by the time this action concludes.” He then goes on to say “IT IS HEREBY ORDERED that Defendants, their officers, agents, servants, employees or persons in active concert with any of them, are restrained and enjoined from discriminating or retaliating against members of the Association of Deputy District Attorneys on the basis of their membership in ADDA. This Order includes, but is not limited to, a prohibition of punitive transfers, demotions, discriminatory distribution of benefits and discipline on the basis of membership in the ADDA. Defendants are also enjoined and restrained from utilizing rates for medical or health benefit plans that are based upon a deputy district attorney’s representation by ADDA.” (Read full order here)
An Employee Relations Hearing Officer Thomas Kerrigan heard three months of testimony and stated, “This case is almost anachronistic in its nature with undisguised acts so bold that they are almost without parallel in recently reported cases, continuing acts committed to destroy a labor union and damage the careers of senior deputies.” (Read the full Employee Relations Commission’s Hearing Officer’s order here)
A full Employee Relations Commission Board did a third review of the evidence and found Steve Cooley’s anti-unionanimus to be “outrageous”.
Jones Day is being paid millions of dollars by the tax payers to defend Trujillo’s, Cooley’s and Lacey’s anti-union behavior that has stretched out for over two years. The three times reviewed evidence has been repeatedly condemned and the Jones Day lawyer stated, “If you really delve into it at all, it’s clear that the transfers had nothing to do with the union or union activities,” says Brian Hershman, a partner at Jones Day hired by Cooley to defend him.
We will hear testimony in September.