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Thursday, February 9, 2012

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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.

For more labor relations information in addition to the information below, please click here.

Current Contract Negotiations

Union	Subject/Topic	Summary of Issue
All	Retirement Reform & Related Ballot Measure Negotiations	The City is currently in negotiations with all eleven (11) bargaining units on the topic of Retirement Reform and the related ballot measure.

Current Demands to Meet and Confer

Union	Subject/Topic	Summary of Issue
IAFF	FBOR	The union demanded to meet and confer regarding the implementation of the Firefighters Bill of Rights (FBOR).
MEF	Contracting Out of Bargaining Unit Work	The union demanded to meet and confer regarding the contracting out of bargaining unit work.
MEF	Working Conditions	The union demanded to meet and confer regarding the change in working conditions for the classification of Senior Airport Operations Specialist.
OE3	Airport Badges	The union demanded to meet and confer regarding the charges for lost or expired airport badges.
OE3	PRNS Higher Class Pay Policy	The union demanded to meet and confer regarding the PRNS higher class pay policy.
OE3	PRNS Park Landscape Maintenance, Custodial Services and Graffiti Eradication Services	The union demanded to meet and confer regarding the contracting out of PRNS park landscape maintenance, custodial services and graffiti eradication services.

Current Contract Grievances (Step III & Step IV)

Union	Subject/Topic	Summary of Issue
CAMP	Holiday Compensation	The union filed a grievance regarding holiday compensation for employees.
CEO	Audit of Civilization 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.
IAFF	City's Discrimination and Harassment Policy	The union filed a grievance regarding a Firefighter's alleged violation of the City's Discrimination and Harassment Policy.
IAFF	City's Discrimination and Harassment Policy	The union filed a grievance regarding a Firefighter's alleged violation of the City's Discrimination and Harassment Policy.
IAFF	Separation of City Service	The union filed a grievance regarding the separation of an employee from City service.
MEF	Audit of Civilization 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	Elimination of Disability Leave Supplement	The union filed a grievance regarding the elimination of disability leave supplement.
MEF	Changes to Health Benefits	The union filed a grievance regarding changes to health benefits prior to the expiration of the MOA.
MEF	Changes to Overtime & Standby Pay	The union filed a grievance regarding changes to overtime and standby pay prior to the expiration of the MOA.
MEF	Changes to Wages	The union filed a grievance regarding changes to wages prior to the expiration of the MOA.
MEF	Lost Time	The union filed a grievance regarding lost time incurred by an employee.
MEF	Medical Verification	The union filed a grievance regarding an employee's requirement to provide medical verification.
MEF	Underpayment for Hours Worked	The union filed a grievance alleging that the City underpaid an employee for hours worked.
OE3	CIP Construction Crew Announcement	The union filed a grievance regarding the CIP construction crew announcement.
OE3	Frozen Step Increases	The union filed a grievance regarding frozen step increases.
OE3	Hiring in DOT	The union filed a grievance regarding the hiring of a maintenance worker in DOT.
OE3	Overtime Compensation on a Holiday	The union filed a grievance regarding overtime worked on a holiday.
OE3	Workweek Designation	The union filed a grievance regarding the workweek designation for employees.
POA	Article# 17, 18 and 34	The union filed a grievance regarding the alleged violation of POA Article# 17, 18 and 34.

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.
CEO & MEF	Contract Negotiations	The unions filed an unfair practice charge related to negotiations for Fiscal Year 2011-2012.
OE3	Contract Negotiations	The union filed an unfair practice charge related to negotiations for Fiscal Year 2010-2011.
OE3	Contract Negotiations	The union filed an unfair practice charge related to negotiations for Fiscal Year 2011-2012.
OE3	MMBA and PERB Regulation 32603	An employee filed an unfair practice charge related to the alleged violation of the MMBA and PERB Regulation 32603.

Current Lawsuits

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.

	Last Modified Date: 1/19/2012

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