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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8511-605
TO: John Matzer, Jr., City Administrator
FROM: Raymond D. Schweitzer, Deputy City Administrator
SUBJECT: Impasse Procedure
DA'.rE:
November 8, 1985
(6522)
COPIES:
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Councilman Marks requested that I summarize the impasse
procedure for him:
According to Resolution 10-584, Section 13,
dures may be invoked only after the possibility
by direct discussion has been exhausted by
procedure:
impasse proce-
of settlement
the following
A. Mediation or Conciliation.
B. A determination by the Mayor and Common Council
after a hearing.
C.
Any other dispute
parties mutually
Council order.
resolving procedures to which the
agree QL which the Mayor and
Anyone of the methods above may be used. It is certainly
not intended to be a "stepped" procedure. It is', instead, an
"either/or" procedure.
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8511-602
TO: Jack Matzer, City Administrator
FROM: Mary Jane perlick, Director of Personnel
SUBJECT: Request for Executive Session to Discuss Labor
Relations for Council Meeting of November 18
DATE:
November 7, 1985
(6521)
COPIES:
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1. Middle Management - Impasse
2. General Unit Hearing Format and Briefing
Please see the attached for agenda materials.
Thank you,
/~~
MARY JANE PERLICK
Director of Personnel
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CI,c; OF SAN BERNARDIQ) - REQUUT FOR COUNCIL A0..40N
From:
Mary Jane Perlick
Subject:
Middle Management Meet and Confer
mPASSE
Dept: Personnel
Date: 10/9/85
Synopsis of Previous Council action:
Authorized the designated City representative to offer certain amounts to the
Middle Management bargaining team in order to obtain a Middle Management MOU.
Recommen<:led motion:
Authorize mediation, or set a hearing date or direct the designated City rep-
resentative further, or take other action.
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Signatu re
Contact person:
N.J. Perlick
Phone:
3:B-51fil
Supporting t1ata attached:
yes
Ward:
nfa
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITCf OF SAN BERNARDlitO - REQUWT FOR COUNCIL AC1iON
STAFF REPORT
During the 11th Middle Management meet and confer session,
at approximately 3:30 p.m. on November 6, 1985, the Middle
Management representative, Ruby Wicker of the San Bernardino
Public Employees' Association (SBPEA) and the City's design-
ated representative declared impasse.
City Resolution 10584 permits mediation, or a
other mutually agreed upon dispute resolving
ordered by Council.
hearing, or any
process may be
The Union desires mediation. The City's Representative has
agreed to a determination by the Mayor and Common Council.
As per Resolution 10584, the items set forth below comprise
the Union and the City position on all disputed issues in the
current negotiations between the City's designated represent-
ative and SBPEA, representing Mid-Management.
lID.iDD_fD~.i.t.iDD
!:itY_fQ~i.t.iDn
8% Salary retro to
7/8/85
Designated Representative
has no authority to settle
MOU until the status of the
alleged claim is resolved.
4% PERS 10/1/85
Medical contribution
increase to $150 per
month 10/1/85
Overtime (status quo)
No waiver of alleged
claim
One-year MOU effective
7/85 to .6L.B.6
(Two year package previously
offered included 4% salary
at contract signing, 1%
1/6/86, 4% salary 7/7/86 and
an 80/135 cafeteria plan in
conjunction with 12/85 open
enrollment.)
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SAN BERNARDINO PUBLIC
EMPlOYEES ASSOCIATION
HAND DElIVE~ED THIS DATE
November 7, 1985
TO:
M. J, Perlick, Chief Negotiator
City of San Bernardino
Ruby Wicker, SBPEA Mid-Management Team
FROM:
RE:
~
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IMPASSE IN CONTRACT NEGOTIATIONS
;;"
. At our impasse meeting on November 6, 1985 you requested a summarization of
both our' position and that of the City on points at impasse. We think it is inappro-
priate for SBPEA to submit the City~s position, nor is that consistent with require-
ments of Resolution 10584. As a means of expediting resolutio.n of the impasse, we
are re-stating the issues at impasse:
IS~UE
1.
Effective date and duration of contract
J
2.
3.
4.
..Health/Dental 'cafeteria' package
General wage increase -
PERS -City payment/employee
share
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Additional issues raised by the City at.our
)
Waiver clause on behalf of employees
for any claims .under prior contracts.
1.
2. Overtime cl.ause
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SBPEA COUNTER PROPOSAL 10/14/85
7/1/85 through 6/30/86
. _.
$150.00 per month/per-employee
8% across the board
4% effective 10/1/85
impasse meeting:
We were not a party to contract,
no'tbreats for legal action have'
been made, issues withdrawn from
table.
New proposal submitted 11/6/85. We
thought issue resolved 9/19/85.
All other issues. to which agreement was reached in effort to effect settlement on
9/19/85 we perceive to be still a matter of agretment and not an impasse issue.
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ATTACHMENT A
SECTION 13: Resolution of Impasses
Impasse procedures may be invoked only after the possibility of set-
tlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) MEDIATION (OR CONCILIATION)
All mediation proceedings shall be private. The Mediator shall make
no public recommendations nor, take any public position concerning the
issues. The Mediator shall be chosen by mutual agreement of the City and
employee organizations. If mutual agreement is not reached, the Mediator
shall be chosen by the California State Conciliation Service.
(B) A DETE~lINAT10N BY THE MAYOR AND COMMON COUNCIL after a hearing
on the merits ofdi~DlIte.
(C) Any other dispute resolving procedures to which the parties
mutually agree or \~hich the r~ayor and Common Council may order.
Any party may initiate the impass.e--procedureby filing with.theothe,'
party (or parties) affected a \~ritten'request for an impasse meetfrig to-
gether with a statement of its position on all disputed issues. An impasse
meeting may then be schedliled by the designated City Representative fourth-
with after the date of filing of the written request for such meeting, with
written notice to all parties affected.
The purpose of such impasse mCf'f\ingis twofold: (1) to permit a revie\~ of
the position of all parties in a final effort to reach agreement on the
disputed issues, and (2) if agreement is not concluded, to mutually select
the specific impasse procedure to l'lhich the dispute may be submitted. In
the absence of agreement bet~leen the parties on this point, the matter may
be referred to the l-layor and Common Council,
The fees and expenses, if any, of mediators or of any other impasse pro-
cedure, shall be payable one-half by the City and one-half by the employee
organization or employee organizations,
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.ATTACHMENT B
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Axtjcl~~_Agx~~g_tQ_fQX_~9DtL~ct_ODly
Recognition
Management Rights
Agency Personnel Rules
No Strike
Vacations
Holidays
Injury Leave
Leave of Absence w/o pay
Physical Examination
Sick Leave
Education Tuition Assistance
ALtj~l~RL~t~IDR_jD_DjR~~t~
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Witness Leave
Blood Donations
Grievance Procedure
Non Discrimination
Seniority
Severability
Contract Printing
Payroll Deduction
Fines
Notice of Intent to Reopen
Wages (amount of increase)
Contract Duration (1 year vs. 2 years)
Waiver of alleged claim (side letter)
Health Plan (contribution level)
PERS (contribution)
Overtime*
* Union wants status
Middle Management
straight time rate
leave.
quo. City wants to establish a single method of
overtime compensation, to be overtime at the
(monetary compensation or comp time) with no admin
)
CI+t OF SAN BERNARDICo - REQUUT FOR COUNCIL Ac,.;.ON
From:
MARY JANt PEKLICK
Director of Personnel
Personnel
Subject:
General Unit Negotiations
HEARING REQUEST
Dept:
Date: November 7. 1985
Synopsis of Previous Council action:
Directed the City's designated representative to proceed with the mediation
process for the General Employees' Bargaining Unit. Subsequently set a
hearing date of 11-18-85 at 6:00 P.M.
Recommen-ied motion:
/~~ ILL:tu
Signat r
Contact person:
M.J. Perl ick
Phone:
383-5161
nfa
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
nfa
Source:
Finance:
Council Notes:
7"i.n?F.?
Aqenda Item No.
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Clk OF SAN BERNARDt.Jo - REQU~T FOR COUNCIL Ae>IION
STAFF REPORT
On Tuesday, October 29, 1985, mediation took place between
the City's designated representative and her bargaining team
(two councilmen were also present in the room with the City's
team) and the General Unit bargaining team.
A representative from the California State Department of
Industrial Relations was present to act as mediator.
After several hours of mediation, the Industrial Relations
representative indicated that it was clear that agreement
could not be reached at that time.
The General Unit, represented by AFSCME requested a hearing,
which was subsequently set for 11-18-85.
City position
Qff~~_~xpi~~Q_1DLJ1LB5
6% ~~t~Q to 1D=1=B5*
5% 7-7-86
DDiQD_O~IDaDd___________
8.5% retro to 7-1-85
6.5% 7-1-86
80/135 package in con-
junction with open en-
rollment (12/85)
0.2% (value) for various
improvements and +4 ranges
for ID Techs
80/135 package with a shar-
ing of health plan cost in-
creases
Salary Study, with adjust-
ments imlemented as of the
second year of the contract
Through the mediator, the City considered offering the fol-
lowing:
*if package accepted by
10/31/85
6% retro to 10/1/85
(same)
4 ranges for ID Tech retro to 10/1/85
(new)
80/135 plan retro to 10/1/85
5% 7/7/85
(improved)
(same)
80/1J5 increase to 80/1~D with open
enrollment of 12/86
(new)
(continued)
75-0264
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Staff Report -- Mediation
Tuesday, October 29, 1985
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This offer would have been rejected, thus it was not formal-
ized. It would have been an approximate 14% package:
11.0% Salary
1.8% 80/135 Plan retro to 10/1/85
0.8% 80/1bD increase with 12/86 open enrollment
0.1% 10 Techs
The hearing of November 18
is suggested however, that
followed:
requires no particular format. It
the following format could be
I. City's offer (expired as of
10/31/85) restated to
persons present, including
costs, by the City's desig-
nated representative.
II. AFSCM~s-aemand restated
to persons present, includ-
ing costs, by the City's
designated representative.
III. AFSCME's representative(s)
called on to speak. If em-
ployees are also allowed
input - limit number and
length of presentations.
(i.e., 1 hour provides 20
people with 3 minutes each).
IV. Close hearing. Take matter
under advisement.
Any adversary stance
keeping the hearing to
much as possible.
The City Clerk informs us that the
hearing of this type, with the
hearing was limited, similar to
presentation of facts by the Union.
and/or debate should be minimized,
a facts only presentation by AFSCME as
City has had a previous
Fire Safety Unit. That
the format above, to a
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RESOLUTION 10584 - Excerpt
SECTION 13: Resolution of Impasses
Impasse procedures may be invoked only after the possibility 9f set-
tlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) MEDIATION (OR CONCILIATION)
,
\-., ,"
All mediation proceedings shall be private. The Mediator shall make
no public recommendations no~ take any public position concerning the
: issues. The Mediator shall be chosen by mutual agreement of the City and
employee organizations. If mutual agreement is not reached, the Mediatol'
shall be chosen by the California State Conciliation Service.
. ~ on th~B~er~t~E~i~I~~~:,~~ ~Y THE I4AYOR AND CONf~ON COUNCIL after a hearing ~
(C) Any other dispute resolving procedures to which the parties
mutually agree or \~hich the r'layor and Common Council may order.
Any party may initiate the impass.e-procedure_by filing with_the.othel'
party (or parties) affected a \~ritten :req'uest for'an impasse meetl'rig to-
gether ~/ith a statement of its position on all disputed issues. An impasse
meeting may then be schedlil ed by the designated City Representative fOLJrth-
with after the da te of fi 1 i ng of the ~/r.itten request for such meeti ng, ~/i th
written notice to all parties affec:~ed.
The purpose of such impasse mee:jng 'is twofold: (1) to permit a review of
the position of all parties in a final effort to reach agreement on the
disputed issues, and (2) if agreement is not concluded, to mutually select
the specific impasse procedure to which the dispute may be submitted. In
the absence of agreement beb/een the parties on this point. the matter may
be referred to the /1ayor and Common Council.
The fees and expenses, if any, of mediators or of any other impasse pro-
cedure, shall be payable one-half by the City and one-half by the employee
organization or employee organizations.
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American Federation of STATE, COUNTY and MUNICIPAL EMPLOYEES, AFL-CIO
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~_: 3932 WILSHIRE BLVD., SUITE 108 . LOS ANGELES, CALIFORNIA 90010. PHONE: (213) 386-7941
1530 W. Lincoln,Suite 109, Anaheim, Ca.92801
November 1, 1985
The Honorable Mayor Evlyn Wilcox
Members of the Common Council
City of San Bernardino
300 North "0" Street
San Bernardino, Ca. 92418
Honorable Mayor & Councilpersons:
We regret that our meeting with the Mediator did not resolve the
remaining contract issues.
In accordance with the City's impasse procedure, we are requesting
a hearing by the Mayor and Common Council. We urge that such
hearing be held as promptly as possible.
Thank you for your consideration in this matter.
Sincere:,~
~ Imparato
Staff Representative
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cc: Adam Webb, President - Local 122
John Wyrough, Director - Council 36
M. J. Perlick, Personnel Director