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Contract Negotiations - These are the negotiations that occur prior to the expiration of a union contract. The negotiations include any proposed changes to the terms of the existing contract as well as any new items proposed by either the City or the Union. For example, contract negotiations include wage increases, benefit changes or other proposed changes to terms of the contract. Note: If an agreement cannot be reached through negotiations with the police and fire unions, the terms of a new contract are decided through binding arbitration.
Demand to Meet & Confer (negotiate) - Is when a union demands to negotiate over an action proposed to be taken by the City. Note: When the City is required to negotiate with the police or fire unions over a particular issue, if an agreement cannot be reached, the matter is decided through binding arbitration.
Contract Grievance - Includes disputes between the City and a union based upon the grievance procedure in the union contract. Most union contracts define a grievance as a dispute regarding the interpretation or application of the terms of the contract or the interpretation or application of the Employer-Employee Resolution (#39367). Note: Grievances listed are Step III & Step IV grievances
Grievance Steps |
Presented To |
Step I |
Immediate Supervisor |
Step II |
Department Director |
Step III |
Office of Employee Relations (on behalf of the City Manager) |
Step IV |
Arbitration (if applicable) |
Complaints filed with Public Employment Relations Board (PERB) - The Public Employment Relations Board (PERB) is a state agency charged with the responsibility of administering the collective bargaining statutes covering employees of California local public agencies. This Board, comprised of five members is empowered to prevent and remedy unfair labor practices and interpret and protect the rights and responsibilities of employers, employees and employee organizations. In certain situations, Unfair Practice Charges (UPCs) can be filed with PERB.
Lawsuits - Some labor relations issues may involve litigation.
For more labor relations information in addition to the information below, please click here.
Current Contract Negotiations |
Union |
Subject/Topic |
Summary of Issue |
IAFF
(Fire)
|
Contract Negotiations |
IAFF's contract expired on June 30, 2009. Impasse was declared on
September 10, 2009, and the City and IAFF engaged in
mediation on September 30, 2009, December 21, 2009, December 22, 2009, January 28, 2010, and March 5, 2010. An agreement was has not been reached in mediation and the City and
IAFF are proceeding to arbitration in June 2010. However, an additional mediation
session is scheduled prior to arbitration in order to continue efforts to reach an agreement on a
new contract. |
ABMEI |
Contract Negotiations |
ABMEI's contract expired on December 10, 2009. The parties declared impasse on January 5, 2010, and the City and ABMEI engaged in mediation on January 20, 2010 and January 28, 2010. An additional mediation session was held on February 10, 2010, but an agreement was not reached.
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IBEW |
Contract Negotiations |
IBEW's contract expired on March 6, 2010. The parties declared impasse on March 2, 2010, and the City and IBEW are currently engaged in mediation.
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POA
(Police) |
Contract Negotiations |
The POA’s contract expires on June 30, 2010. Negotiations began on February 2, 2010, and the City and POA are currently in negotiations to continue efforts to reach an agreement on a new contract. |
AEA |
Contract Negotiations |
AEA's contract expires on June 30, 2010. Negotiations are expected to begin on March 25, 2010.
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ALP |
Contract Negotiations |
The City and ALP commenced negotiations on February 11, 2010.
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AMSP |
Contract Negotiations |
AMSP's contract expires on June 30, 2010. Negotiations began on March 11, 2010, and the City and AMSP are currently in negotiations to continue efforts to reach an agreement on a new contract.
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CAMP |
Contract Negotiations |
CAMP's contract expires on June 30, 2010. The City and CAMP are currently in discussions to beginning negotiations.
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OE3 |
Contract Negotiations |
The City and OE#3 are currently in discussions to begin negotiations on wages and benefits for fiscal year 2010-2011. |
Current Demands to Meet and Confer |
Union |
Subject/Topic |
Summary of Issue |
IBEW
|
On-Call Program |
The union demanded to meet and confer over the Department of Transportation's on-call program. |
IAFF
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FBOR |
The union demanded to meet and confer over the implementation of the Firefighters Bill of Rights (FBOR). |
OE#3 |
Drivers License Review |
The union demanded to meet and confer regarding the Department of Transportation's review of the commercial requirements for employees. |
OE#3 |
MAOP Certificate |
The union demanded to meet and confer over the Airport making the Movement Area Operating Permit (MAOP) a condition of employment. |
POA
|
Retiree Life Insurance |
The union demanded to meet and confer over the change in rate for Retirees' Life Insurance effective July 1, 2009. |
POA
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Patrol Vehicles |
The union demanded to meet and confer regarding the make and model of new patrol vehicles. |
Current Contract Grievances (Step III & Step IV) |
Union |
Subject/Topic |
Summary of Issue |
CEO |
Audit of Civilianization Opportunities |
The union filed a grievance alleging that the City violated employee/employer resolution #39367 by allowing the Police Department to fill CEO positions with Police Officers. |
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IAFF |
Air Unit 6
(Step IV Arbitration) |
The union filed a grievance regarding the Fire Department's decision to move Air Unit 6 to Station 31. |
IAFF |
Discrimination and Harassment Policy |
The union filed a grievance on behalf of a Firefighter who received a Letter of Reprimand for alleged violation of the City's Discrimination and Harassment Policy. |
IAFF |
Discrimination and Harassment Policy |
The union filed a grievance on behalf of a Firefighter who received a Letter of Reprimand for alleged violation of the City's Discrimination and Harassment Policy. |
IAFF |
Elimination of USAR 16 |
The union filed a grievance regarding the City Council's decision to convert Urban Search and Rescue Policy (USAR) 16 to a regular Truck Company, which eliminates the 5% premium pay for special operations assignments associated with USAR 16. |
IAFF |
Fire Engineer Classification Specifications |
The union filed a grievance regarding the Fire Department's decision to require applicants to have a class B license prior to taking the written exam. |
IAFF |
Support Paramedic Pay |
The union filed a grievance regarding premium pay for Support Paramedics. |
MEF |
Audit of Civilianization Opportunities |
The union filed a grievance alleging that the City violated employee/employer resolution #39367 by allowing the Police Department to fill MEF positions with Police Officers. |
MEF |
Authorized Union Activity |
The union filed a grievance claiming that a union steward was negatively treated because of their participation in authorized union activities. |
MEF |
Employee Service and Performance Pay Pilot Program |
The union filed a grievance regarding changes to the Employee Service and Performance Pay Pilot Program. |
MEF |
Layoff Procedure |
The union filed a grievance claiming that the City did not provide an employee with a list of vacant positions. |
MEF |
Seniority Calculations |
The union filed a grievance regarding an employee who voluntarily demoted to Code Enforcement Inspector, who believes that the time in the previous position should count towards in their new classification. |
MEF |
Shift Differential |
The union filed a grievance claiming that an employee was not paid shift differential for vacations that were forty (40) consecutive hours or more. |
MEF |
Use of Intern |
The union filed a grievance alleging that an Intern's work was taking bargaining unit work away from MEF employees. |
OE3 |
Call Back Pay |
The union filed a grievance regarding call back pay. |
Current Complaints filed with Public Employment Relations Board (PERB) |
Union |
Subject/Topic |
Summary of Issue |
ABMEI |
Secondary Picketing |
The union engaged in secondary picketing of private construction sites during its strike in December 2007. The City filed an Unfair Practice Charge with the Public Employment Relations Board (PERB.) PERB issued a complaint against the union. In June 2008, both parties participated in a formal hearing before PERB. |
MEF |
ESPPPP |
The union filed an Unfair Practice Charge against the City alleging that the City reneged on a commitment made in regards to providing a form of paid time off as the new ESPPPP. |
OE3 |
Last, Best, Final offer |
The union filed an unfair practice charge and requested an injunction to prevent the City from imposing the City's Last, Best, Final Offer. |
Union |
Subject/Topic |
Summary of Issue |
IAFF |
Overtime –- 40 Hour Employees |
A lawsuit filed against the City claims that the City has underpaid the amount of overtime compensation owed to firefighters assigned to 40 hour workweeks for the last two or three years. |
IAFF |
Overtime –- 56 Hour Employees |
A lawsuit filed against the City claims that the City has underpaid the amount of overtime compensation owed to firefighters assigned to 56 hour workweeks for the last two or three years. |
IAFF |
Firefighters’ Bill of Rights (FBOR) |
The union is alleging that the City failed to meet and confer related to the Firefighters’ Bill Of Rights. The union filed a petition to compel arbitration. |
OE3 |
Injunctions During Strikes |
During the 2006 negotiations, the union provided the City notice that it may go on strike. The City went to Court to obtain an injunction that would ensure that employees in positions that perform safety-sensitive functions would continue providing services during a strike.
An issue arose as to whether the Superior Court had jurisdiction or whether the City was required to request an injunction through the Public Employment Relations Board (PERB).
Although a settlement was reached and a strike did not occur, the issue of jurisdiction is still pending. The case is under review by the California Supreme Court. |
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