Updates on City of San José Services and/or Operations . (English | Español | Tiếng Việt | 中文)

Labor Issues

Types of Labor Issues

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.

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