BVAL dispute (San Jose, CA)
 

Anyone got any info they wish to share about the current officiating dispute with the BVAL leagues in San Jose, CA?

Found this tonight on a message board:

A response from a sports official

BVAL sued PSI. BVAL disputed the way to pay officials and stated that they would not pay the way that became necessary to PSI and has by my understanding been directed by CIF-CCS. BVAL is now paying in this manner, which is simply that the schools and leagues pay officials directly. BVAL is now compliant to this issue. BVAL sued PSI for this issue but is now paying officials in the manner that was the basis of their suit.

BVAL per my understanding has now sued an upstanding and responsible member of our entire sports officiating organization.

BVAL has chosen litigation. BVAL may have also chosen to use an assigning group that is not accredited per CIF-CCS standards, and may not have appropriate insurance coverage to protect officials, schools and student participants.

BVAL may be ignoring the CIF-CCS standards of accreditation to be a sports official for:

Hours of training and testing for each sport.

Mandatory education involving Concussion, Dehydration and Sudden Cardiac Arrest.

I am an accredited official with PSI. I meet all of the requirements to officiate. I hope to see your student athletes in my games. I am prepared to protect the game, and to protect the safety of your student athletes.

I feel so uncomfortable with the litigious attitude of BVAL. I am sorry for the Athletic Directors, Coaches and especially the Student Athletes that I cannot serve. BVAL scares me away from wanting to do what I love.

Steve Ojeda

Second-hand background info:

Seems an official was injured on a game, and sued PSI. Though initially denied, the official received a favorable appeal judgement stating PSI behaves like an employer (officials recruited, trained, told where, when, how and how much) so in the eyes of the court, they are an employer and must provide coverage/benefits.

Consequently, PSI required schools to pay officials directly.

It's been a cluster, I've heard, and raises interesting operating policies for associations comprised of independent contractors. Could be a game changer.

Would love to know more from anyone with more details.

The law is subjective on this issue -- but that general fact-pattern (sometimes with unemployment insurance instead of worker's comp) has been used in other associations who have been found to be employers and who, as a result, have changed how they operate.

Saw this on (I think) the same message board that Nevadaref. Seems to be the alternative perspective:

As a result of a contract dispute between Peninsula Sports Inc. (PSI) and the Blossom Valley Athletic League (BVAL), (Central Coast Section) a vast majority of PSI Members stand with the opinion that PSI is impeding and denying BVAL Student athletes the opportunity to enjoy and engage in High School sports, by intentionally making sports officials unavailable to referee their games.

Thus, PSI to include its Staff, has malevolently sabotaged the current winter and upcoming spring BVAL Sports Season.

PSI's tactics, include continuous verbal and written threats, intimidation and retaliation against independent contractor Sports Officials who have membership with PSI, by sending emails and text messages telling Sports Officials to stay “loyal” to PSI and to NOT referee ANY games for BVAL, because BVAL has no way of paying officials and that BVAL is not accredited.

PSI staunchly refers to their members as ‘independent contractors’. Yet, for Officials who have exercised their ‘independence’ and continued to officiate games for BVAL, PSI staff have appeared at BVAL games to take photos of Officials to later verbally intimate them by telling them to stop providing services to BVAL, or else.

For Officials who have continued to officiate or assist BVAL in any way, PSI has retaliated against them by “unassigning” any and all future games remaining under PSI contract that had already been assigned/scheduled and accepted by officials. Not only has this resulted in a financial loss to several officials, it has been presented and used as an example to threaten and intimidate the remainder of officials, to prevent them from officiating games for BVAL, for fear of losing all future PSI game assignments.

PSI’s tactics have impacted BVAL by creating a massive shortage of officials for their games, which in turn, negatively impacts all student athletes, who have worked hard this season and look forward to participating in competitive sports. As a result, this has forced BVAL to enact an emergency officiating plan to fulfill their current winter and spring season.