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 case has seen some significant legal rulings concerning its contracts with firefighter unions. The article highlights two key victories for the city in U.S. Bankruptcy Court, both of which came at the expense of the firefighters' union.
Judge Meredith Jury initially tentatively ruled in favor of rejecting the current labor agreement between the firefighters and the city. This decision grants the city the authority to implement a new contract of its choosing. According to court documents submitted by the city, one of the reasons cited for rejecting the existing contract was to transition from a full-staffing model to a minimum staffing model. This change would give city management the flexibility to leave certain firefighter positions vacant during shifts if necessary, thereby cutting down on over $4 million annually in overtime costs. Additionally, the city aims to continue having firefighters contribute to their retirement funds, which they began doing again in January 2013, effectively reducing their net income by almost 14%.
City Manager Allen Parker mentioned post-hearing that there were no immediate plans to enforce a new contract following the rejection of the current one, creating a temporary gap. Judge Jury clarified that her approval does not equate to endorsement of any specific new contract details. Furthermore, she emphasized that during the bankruptcy period, the city must adhere to substantive laws, such as the city charter provision prohibiting reductions in public safety salaries, though this provision may be subject to change following a vote on November’s ballot.
The duration of an imposed contract remains uncertain, with Judge Jury stating that the term "interim" lacks a definitive timeline. She suggested the interim status would persist until either a new collective bargaining agreement is reached or the city's bankruptcy exit plan is approved.
In another ruling, Judge Jury denied the firefighters' union request to lift the bankruptcy stay, which prevents lawsuits against the city. The union's lawyers intended to challenge the city in state court for allegedly failing to comply with state negotiation laws. Similar motions remain unresolved for both the police and fire unions regarding contracts that were imposed back in January 2013.
City attorneys are set to propose the final wording for the order, allowing the firefighters' union legal team until September 17th to submit objections or counter-proposals ahead of a September 19th hearing to finalize the order. Following Judge Jury's extensive explanation of her decision and the reasoning behind it, firefighters' attorney Brian Goodrich accepted the ruling while reserving the right to appeal.
The firefighters' main objection focused on the admissibility of evidence presented by the city, most of which Judge Jury deemed valid. However, the union will have the opportunity to cross-examine the city's financial consultant, Michael Busch of Urban Futures, whose declarations formed the basis of the city's argument that the current contract is overly burdensome.
Additionally, it was disclosed on Thursday that the city withdrew two firefighter layoff notices that were part of the budget but opposed by the firefighters' union. Meanwhile, four demotions within the Fire Department are currently undergoing the city's appeals process.
As the situation continues to evolve, these rulings mark a critical juncture for San Bernardino, with significant implications for both the city's financial stability and the rights of its public safety workers.