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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 |
OE3 |
Contract Negotiations |
OE#3's contract expired April 17, 2009.The parties reached impasse and participated in mediation on May 11, 2009, but unfortunately did not reach an agreement.The parties reached impasse and participated in mediation on May 11, 2009, but unfortunately did not reach an agreement.
On May 28, 2009, the City received notification from OE#3 that they would be taking the City’s Last, Best, Final Offer to a vote of the members.On June 9, 2009, the City received notification from OE#3that the membership failed to ratify the City’s Last, Best, Final Offer.
On June 9, 2009, the City Council deferred voting on implementing the terms of the City’s Last, Best, Final Offer for one week after receiving a request from OE#3 to return to the table.The City's and OE#3's negotiation teams met on June 12, 2009, but the meeting did not yield any alternatives to address the key issues contained in the City's Last, Best, Final Offer.The City Council voted to implement the terms contained in the City’s Last, Best, Final Offer on June 16, 2009. |
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. An agreement was not reached in mediation and the City and
IAFF are proceeding to arbitration. 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 expires on December 10, 2009. Negotiations began on November 2, 2009, and the City and ABMEI are currently in negotiations to continue efforts to reach an agreement on a new contract.
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Current Demands to Meet and Confer |
Union |
Subject/Topic |
Summary of Issue |
IAFF (Fire) |
Elimination of Arson Investigator |
The union demanded to meet and confer regarding the elimination of an Arson Investigator. |
IAFF (Fire) |
Elimination of Battalion Chief of Communications |
The union demanded to meet and confer regarding the elimination of the Battalion Chief of Communications. |
IAFF (Fire) |
Engine 6/Station 6 – Hose Wagon (Air Unit/Truck Company) |
The 2008-2009 Adopted Budget approved by the City Council resulted in the elimination of a Hose Wagon at Station 6. The union is demanding to negotiate over the impact of the change in working conditions at Station 6. |
IAFF (Fire) |
Reduction of Support Paramedic Pool |
The union demanded to meet and confer regarding the reduction in the Support Paramedic Pool. |
IAFF (Fire) |
Reserve Fire Investigator Program |
The Fire Department developed a voluntary reserve fire investigator program and a reserve fire investigator callout procedures policy. The program is intended to identify and train qualified individuals who may be utilized to investigate origin and cause of fires. The union is demanding to negotiate over the impacts of the policies. |
IAFF
(Fire) |
Retiree Life Insurance |
The union demanded to meet and confer over the change in rate for Retirees' Life Insurance effective July 1, 2009. |
IAFF (Fire) |
Sexual Harassment and Discrimination Policy |
The City recently revised the Fire Department’s policies to ensure consistency with the City’s Discrimination and Harassment policy that applies to all City employees, officers, contractors, vendors, suppliers and other persons who participate in City programs and services. This included removal of reference to sexually oriented material at work. The union is demanding to negotiate over the revision to the Fire Department’s policy manual. |
IAFF (Fire) |
Special Operations - USAR Policy |
In the 2007 arbitration award, the City was awarded its proposal to implement an Urban Search and Rescue Policy (USAR) that also provided a 5% premium pay to eligible employees. Following meetings with the union, the Fire Department implemented the policy effective July 1, 2008, including the premium pay. The union is demanding to negotiate over the impact of the workload as outlined in the policy. |
IAFF (Fire) |
Station 2 move to Station 34 – Water Tender |
Station 2 was scheduled to be rebuilt and the department reassigned Station 2 staff and equipment. The union is demanding to negotiate over the deployment of the equipment. |
POA
(Police) |
Retiree Life Insurance |
The union demanded to meet and confer over the change in rate for Retirees' Life Insurance effective July 1, 2009. |
MEF |
Hazardous Materials Inspectors |
The union is demanding to meet and confer over the Fire department contracting out bargaining unit work performed by Hazardous Materials Inspectors. |
OE3 |
Citywide Disbursements |
The union demanded to meet and confer over the changes to Citywide disbursements for OE3 members. |
OE3 |
PRNS Volunteer Policy |
The union demanded to meet and confer over the impacts of the revisions to the PRNS Volunteer Policy for OE3 members. |
OE3 |
Retiree Life Insurance |
The union demanded to meet and confer over the change in rate for Retirees' Life Insurance effective July 1, 2009. |
Current Contract Grievances (Step III & Step IV) |
Union |
Subject/Topic |
Summary of Issue |
IAFF (Fire) |
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 (Fire) |
Arson Unit Staffing |
The union filed a grievance regarding the staffing of the Arson Unit. |
IAFF (Fire) |
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 (Fire) |
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 (Fire) |
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) |
Engine 6/Station 6 – Hose Wagon (Air Unit/Truck Company) |
The 2008-2009 Adopted Budget approved by the City Council resulted in the elimination of a Hose Wagon at Station 6. The union filed a grievance alleging a violation of the minimum staffing provision of the union contract. |
IAFF
(Fire) |
Final Probation Date |
The union is alleging that the City incorrectly calculated the end of the probationary period for an employee in the classification of Firefighter. |
IAFF (Fire) |
Sexual Harassment and Discrimination Policy |
The City recently revised the Fire Department’s policies to ensure consistency with the City’s Discrimination and Harassment policy that applies to all City employees, officers, contractors, vendors, suppliers and other persons who participate in City programs and services. This included removal of reference to sexually oriented material at work. The union claims that the change in the Fire Department's Policy manual violated the union contract and is demanding to proceed to arbitration. |
IAFF (Fire) |
Special Operations - USAR Policy |
In the 2007 arbitration award, the City was awarded its proposal to implement an Urban Search and Rescue Policy (USAR) that also provided a 5% premium pay to eligible employees. Following meetings with the union, the Fire Department implemented the policy effective July 1, 2008, including the premium pay. The union filed a grievance alleging the City’s implementation of the policy resulted in a change in the terms and conditions of employment and that the City violated the union contract. |
IAFF
(Fire) |
Substance/Drug Test
(Step IV Arbitration)
|
It is the City's policy that employees shall not report to work under the influence of alcohol or drugs or exhibit symptoms of alcohol or drug use. Employees may be requested to submit to a drug and/or alcohol analysis when a manager or supervisor has reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. On February 4, 2009, the City tested an employee under the policy. The union is alleging that the City drug tested a firefighter in violation of the Substance Abuse Policy. |
ABMEI |
Seniority Calculation |
The union filed a grievance alleging that the seniority calculation for an employee is incorrect. |
ABMEI |
Seniority Calculation |
The union filed a grievance alleging that the seniority calculation for a second employee is incorrect. |
AEA |
Retiree Life Insurance |
The union filed a grievance regarding the change in rate for Retirees' Life Insurance effective July 1, 2009. |
CEO |
Retiree Life Insurance |
The union filed a grievance regarding the change in rate for Retirees' Life Insurance effective July 1, 2009. |
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 |
Retiree Life Insurance |
The union filed a grievance regarding the change in rate for Retirees' Life Insurance effective July 1, 2009. |
MEF |
Separation from City Service |
Employee was rejected from probation. MEF alleging that the City failed to notify employee that the employee would serve a probationary period. |
MEF |
Shift Differential |
The union filed a grievance claiming that an employee was not paid shift differential for vacations that were forty (40) consequtive hours or more. |
OE3 |
Deductions from Employees Wages |
The union filed a grievance on behalf of two employees regarding deductions from their wages. |
OE3 |
Promotions |
The union filed a grievance regarding the recent promotions of employees it represents. |
Current Complaints filed with Public Employment Relations Board (PERB) |
Union |
Subject/Topic |
Summary of Issue |
IAFF (Fire) |
Special Operations - USAR Policy |
In the 2007 arbitration award, the City was awarded its proposal to implement an Urban Search and Rescue Policy (USAR) that also provided a 5% premium pay to eligible employees.The union filed an Unfair Practice Charge against the City claiming that a section of the City’s proposal that was awarded in arbitration would be subject to further arbitration.
Note: The Public Employment Relations Board dismissed the Union’s charge. |
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. |
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
(Fire) |
Composition of Retirement Board and Retirement Funding Methodology |
The union filed a lawsuit against the City regarding its demand to submit to binding arbitration a matter related to the composition and funding methodology of the Police & Fire Department Retirement Board. |
IAFF (Fire) |
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 (Fire) |
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 (Fire) |
Special Operations - USAR Policy |
In the 2007 arbitration award, the City was awarded its proposal to implement an Urban Search and Rescue Policy (USAR) that also provided a 5% premium pay to eligible employees. The Union filed a petition to partially vacate a section of the arbitration award related to Special Operations – USAR policy. |
IAFF
(Fire) |
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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