San Bernardino city wins in battle against firefighter contract
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In a recent development reported by the San Bernardino Sun, the city's ongoing bankruptcy proceedings have seen some significant rulings affecting its contracts with firefighters. The U.S. Bankruptcy Court has handed down decisions that appear to favor the city's efforts to balance its budget at the expense of the firefighters' union. In a preliminary ruling, Bankruptcy Judge Meredith Jury has agreed to set aside the current labor agreement between the city and the firefighters, effectively allowing the city to enforce a new contract of its choosing.
The city's rationale for rejecting the existing contract seems to hinge on two main points: first, transitioning from a constant staffing model to a minimum staffing approach, which would give management the flexibility to leave certain firefighter positions vacant during shifts if necessary, potentially cutting down on over $4 million annually in overtime costs; second, continuing to require firefighters to contribute to their retirement funds, a practice that was suspended by the city until January 2013, which could reduce their take-home pay by nearly 14 percent. City Manager Allen Parker emphasized that no immediate new contract would be enforced following the rejection of the current one, suggesting a temporary gap in the agreement.
Judge Jury clarified that her approval does not endorse the specifics of any new contract, nor does it permit the city to violate substantive laws, such as the city charter provision that prohibits reducing public safety salaries. However, this particular charter clause may be up for reconsideration in November’s ballot. The judge admitted uncertainty regarding how long the interim contract might last, stating that it would remain in effect until either a new collective bargaining agreement is reached or the city's bankruptcy reorganization plan is approved.
Separately, the judge dismissed the firefighters' union request to lift the automatic stay preventing litigation against the city during its bankruptcy period. Attorneys for the firefighters argued they should be allowed to pursue legal action in state courts, claiming the city had failed to adhere to state negotiation laws. Similar motions from the police and fire unions, following the imposition of contracts in January 2013, remain unresolved.
The city’s legal team is drafting the final order, with the firefighters’ legal representatives given until September 17th to respond or suggest amendments before a hearing on September 19th to finalize the document. Despite the judge's extensive explanation and the firefighters' attorney Brian Goodrich submitting to the ruling while reserving his right to appeal, the firefighters' objections largely focused on questioning the admissibility of evidence provided by the city. These concerns were deemed mostly invalid by the judge, who granted them the opportunity to cross-examine the city’s financial advisor, Michael Busch of Urban Futures, whose reports formed the basis for the city's claim that the current contract is unsustainable.
Additionally, it was announced on Thursday that the city withdrew two layoff notices issued to firefighters as part of the budget adjustments, which had been contested by the union. Meanwhile, four demotions within the Fire Department are currently undergoing internal review processes. This situation underscores the complex interplay between fiscal necessity and labor relations in San Bernardino's bankruptcy proceedings, with both sides navigating legal and financial challenges as they seek resolution.