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San Bernardino city wins in battle against firefighter contract
From the *San Bernardino Sun* comes a compelling report on the city's ongoing bankruptcy proceedings and the contentious negotiations with its firefighters' union. In a recent development, San Bernardino officials secured two key victories in U.S. Bankruptcy Court—though at a significant cost to the firefighters’ union.
In a tentative ruling, Bankruptcy Judge Meredith Jury approved the rejection of the current firefighters’ collective bargaining agreement, giving the city the authority to impose a new contract of its choosing. The city argued that this move was necessary to address financial challenges, including shifting from a full-staffing model to a minimum staffing approach. This change would allow the city to leave certain firefighter positions vacant if an employee is absent, potentially saving over $4 million annually in overtime costs.
Another key point raised by the city was the continuation of retirement contributions that firefighters had previously paid, which the city had covered until January 2013. By reintroducing these payments, the city aims to reduce employees’ take-home pay by nearly 14%. However, City Manager Allen Parker clarified that no immediate replacement contract would be enforced, leaving a potential legal and operational gap.
Judge Jury emphasized that while she agreed to reject the existing contract, she did not endorse any specific terms of the new one. She also noted that the city cannot violate "substantive law," including the city charter provision that protects public safety salaries—though this provision is up for a vote on November’s ballot.
The judge acknowledged that there is no precedent for how long an imposed contract can last, saying, “I said it’s interim, but I don’t know how long interim is. I think until a new collective bargaining agreement is negotiated or the plan to exit bankruptcy is approved.â€
In a separate decision, Judge Jury denied the firefighters’ request to lift the automatic stay that prevents lawsuits against the city during bankruptcy. Firefighters’ attorneys are seeking to challenge the city’s compliance with state law during contract negotiations. Meanwhile, similar motions from police and fire unions remain unresolved after contracts were imposed on them in January 2013.
The city’s legal team will soon submit proposed language for the court order, giving the firefighters’ union until September 17 to object or offer an alternative before a final hearing on September 19. Despite the lengthy explanation of her reasoning, firefighters’ attorney Brian Goodrich accepted the ruling, though he reserved the right to appeal.
The firefighters’ main objection focused on the admissibility of evidence submitted by the city, which Judge Jury largely dismissed as not valid. However, they will have the opportunity to cross-examine Michael Busch, the city’s financial consultant, who provided most of the declarations used to justify the current contract as a financial burden.
Additionally, on Thursday, the city’s bankruptcy attorney, Paul Glassman, announced that two firefighter layoff notices had been rescinded. Four demotions within the Fire Department are still being reviewed through the city’s appeals process.