In November 2010, San José voters approved a measure authored by Mayor Reed (Measure V) to place some common-sense limits on outside arbitrators to keep them from spending money that the City doesn't have.
Binding arbitration is currently used whenever the City and its police or fire union have an unresolved dispute over wages, hours or working conditions. While binding arbitration can be an equitable way to resolve contract disputes, past decisions made by outside arbitrators (or under the threat of binding arbitration) have had serious consequences on the city's long-term fiscal health. Learn how some of the decisions made by outside arbitrators have contributed to the city’s unsustainable employee costs and current pension problems.
Measure V reformed the binding arbitration process to ensure that the City's financial condition and its ability to pay for compensation are the primary factors that arbitrators must consider when issuing its rulings. In particular, outside arbitrators are now PROHIBITED from:
- Increasing pay and benefits by more than the rate of growth in general revenues (averaged over the previous 5 fiscal years).
- Retroactively increasing or decreasing benefits.
- Creating a new unfunded liability that the City is obligated to pay.
- Interfering with the discretion of the Police or Fire Chiefs to make operational or staffing decisions.
These common-sense limits will help ensure that outside arbitrators – who are not accountable to the public – do not increase employee compensation beyond what the City can afford to pay.
Read more about Measure V 
Read the full text of the ballot measure 
|