Resolution No. 76087 (December 6, 2011)
Resolution No. 76158 (March 2012)
Type of reform:
The resolutions allowed pension reform, increased employee contributions, established pension cost and benefit reductions for new employees, and suspended cost-of-living adjustments (COLAs).
International Association of Firefighters (IAFF) Local 230 v. City of San Jose, No. SF-CE-969-M (fMarch 8, 2013), California Public Employment Relations Board
International Federation of Professional and Technical Engineers, Local 21, AFL-CIO v. City of San Jose, No. SF-CE-996-M (March 8, 2013), California Public Employment Relations Board
Status of litigation:
The complaints allege that the city failed to meet and confer prior to enacting the resolutions, engaged in unfair practices, and denied the IAFF and IFPTE the ability to represent their bargaining units.
A hearing was held for both complaints Feb. 10-12, 2014. PERB agreed to issue separate decisions.
On Nov. 5, 2014, the PERB board issued a decision in each case, holding that the plaintiffs failed to establish that the city had provided inaccurate financial information when engaging in discussions, but that the city had failed to negotiate and bargain in good faith when enacting Resolution 76087. The parties were not truly at an impasse following mediations in 2011, and the city had a duty to meet and confer. Because the city was not in good faith at the time it enacted Resolution 76087, the subsequent negotiations were not in good faith either. Accordingly, the passage of Resolution 76158 was not in good faith. The PERB board requested that the city rescind both resolutions.
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