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San Bernardino city wins in battle against firefighter contract
From the *San Bernardino Sun*, an intriguing report has emerged about the city’s ongoing bankruptcy proceedings and its impact on the firefighters' union contract:
In a recent development, San Bernardino officials have secured two key victories in U.S. Bankruptcy Court—this time at the expense of the firefighters’ union. In a tentative ruling, Bankruptcy Judge Meredith Jury agreed to reject the current collective bargaining agreement between the city and the firefighters, giving the city the power to impose a new contract of its own choosing.
The city’s legal filings cited several reasons for rejecting the existing agreement. One major factor was the desire to shift from a constant staffing model to a minimum staffing approach, which would allow management to leave certain firefighter positions vacant if someone doesn’t show up for a shift. This change is expected to cut the city’s annual overtime costs by over $4 million. Another reason was the continuation of retirement contributions that the city had previously covered, which would reduce firefighters’ take-home pay by nearly 14%.
However, City Manager Allen Parker clarified after the court hearing that there are no immediate plans to implement a new contract right away, which could create a legal gap. Judge Jury emphasized that she wasn’t approving any specific terms of the new contract and reiterated that the city cannot violate substantive laws, including the city charter, which currently prevents cuts to public safety salaries (though this provision is up for a vote in November).
Jury also noted that previous cases don’t set a precedent for how long an imposed contract can last. “I said it’s interim, but I don’t know how long ‘interim’ is,†she said. “I think until a new collective bargaining agreement is negotiated or the plan to exit bankruptcy is approved.â€
In another ruling, Judge Jury denied the firefighters’ union’s motion for relief from the automatic stay, which typically prevents lawsuits against the city during bankruptcy. The union’s lawyers want to argue in state court that the city didn’t follow proper procedures in negotiations. Similar motions from police and fire unions are still pending, following contracts imposed in January 2013.
The city’s legal team will now draft the official order, giving the firefighters’ union until September 17 to object or submit an alternative proposal before a final hearing on September 19. Despite the judge’s detailed explanation of her reasoning, firefighters’ attorney Brian Goodrich accepted the decision while reserving the right to appeal.
The union’s main objection focused on the admissibility of evidence presented by the city, though most were deemed legitimate by the court. Firefighters will have the opportunity to cross-examine Michael Busch, the city’s financial consultant who provided much of the evidence used to justify the current contract as a “burden.â€
Additionally, on Thursday, the city’s bankruptcy attorney, Paul Glassman, announced that two firefighter layoff notices had been rescinded as part of the budget process, despite objections from the union. Four firefighter demotions are still being appealed through the city’s internal process.