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HomeMy WebLinkAbout21-Personnel - -- CIR OF SAN BERNARD~ - REQU.QT FOR COUNCIL AC~ON Dept: Personnel REc'D.-ADMIM. O~jact: \985 DEe 19 PM 3: 55 Impasse Resolution for Unit Modification Denial - Public Hearing Set for 2:00 P.M. on 1/6/86 From: M.J. Perlick Date: 12/18/85 Synopsis of Previous Council action: 1. Previously recognized the General Unit as the most appropriate unit for all General employees. 2. Directed the Director of Personnel to notify AFSCME and the modification petitioner regarding the submission of such data. 3. Set a Public Hearing date of 1/6/86 to hear the matter regarding unit modifi- cation. Recommended motion: 1. To uphold the Director of Personnel's decision to deny the requested unit modification and confirm the existing General Unit as the most appropriate unit for General employees OR 2. To make a decision in favor of the unit modification as requested. ---1~t/ Contact person: M.J. Perl ick Phone: 5161 Supporting data attached: Yes Ward: n/a FUNDING REQUIREMENTS: Amount: n/a Sou rce: Finance: Council Notes: YI CITY .Ot: SAN BERNAe~No- - R!QUESr'FOiFl COUNCIL ACTDOIN --L ) STAFF REPORT The firm of Silver, Kreisler, Goldwasser & Schaeffer submit- ted a petition for General Unit modification in a timely manner. A hearing was subsequently held on 10/30/85 and a decision made on 11/20/85 (copy attached) ~'to 'allow the unit modification. Charles Goldwasser requested an impasse meeting via a letter received on 11/21/85 on the subject/de- cision. This meeting was held on 12/2/85 with City Attorney Sabourin also in attendance. The impasse process was reviewed by both parties and it was agreed that the Mediation (alternative A of Resolution 10584 - Section 13) should not be used, as there is nothing to truly negotiate. Charles Goldwasser desired a determination by the Mayor and Common Council, after a hearing (alternative B of Resolution 10584 - Section 13) but was aware of the final alternative (C) "any other dispute resolving procedures to which the parties mutually agree or which the Mayor and Common Council may order". This matter was thus submitted to Council. Council directed its designated representative to provide them data on this issue as currently available, and to notify AFSCME and the modification petitioner that any additional written data they would like Council to consider should be submitted to the Director of Personnel prior to 12/29/85. Council then set a public hearing on the matter. Attached is: A. The formal Petition for Modification of Unit. It contains, among other items, classifications deemed appropriate by tioner to comprise an appropriate unit. the General the list of the pet i- B. A brief submitted to AFSCME's legal representative against unit modification. C. A brief submitted by Charles Goldwasser fQL unit modification. D. A copy of the City's designated representative's Decision on the matter, to deny the unit modifica- tion request. E. Hearing and Data submission notice. In recognizing an appropriate unit, a sufficient "community of interest" must exist among the employees of such a unit, and the following factors must be considered: (continued) 75-0264 8) - c ,~ --.. , '..../ 2 ::> Impasse Resolution -- 12/18/85 \..-- 1. Which unit will assure employees the fullest freedom in the exercise of rights set forth under the City's employer/employee relations resolutions. 2. The history of the unit in representing employees. 3. The effect of the unit on the efficient operation of the City and sound employee - employee relations. 4. The extent to which the employees have common responsi- bilit ies. 5. The effect on the existing classification structure of dividing a single class between units. Charles Goldwasser argued (in his presentation and via his brief of 11/1/85 - attachment "C") that the needs of Police support personnel are so different from the needs of other General Unit employees that a separate unit should exist, and that a connection with law enforcement in and of itself is a factor sufficient for distinguishing these employees from others. He also indicated that employees in the proposed unit have a positive personal identification with their job - and make a total commitment to their jobs, while other City employees need only "show up" and put in their time. He also called out the "specialized training" and "specialized equipment" as factors which affect the new, proposed unit- factors "not present" in the General Unit. Confidentiality was another unique factor and he also indicated that the needs of the proposed unit have never been addressed at the bargaining table. As the designated City Representative, I find that the needs of Police support personnel may be somewhat different, but are not so different that a separate unit should exist. A connection with law enforcement does not significantly distinguish some employees from others. If this were the case, General Employees in code enforcement would also be "significantly distinguished". I find that many employees in the City have a positive, personal identification with their jobs, have "specialized training" and use "specialized equipment". The employees in the proposed unit are not alone in their level of stress or the high confidentiality of their work. I also find that the needs of the proposed group have been successfully addressed at the bargaining table. Via the General Unit MOU in effect for 1983-85, "all permanent personnel in the bargain ing unit as designated by the Chief" in the Police Department gained "$200.00 per person initially for the original issue" for uniforms, and a $75.00 per year, (continued) - c Impasse Resolution -- 12/18/85 o ~ ~ 3 ~ ~er person maintenance only program subsequent to original lssue. This language remains in the 1985-87 MOU (along with uniform language for other City employees). In both the 1983- 85 and 1985-87 MOU's, the Article on shift differential, is applicable ~ to employees assigned to the Communications Division (i.e. Dispatchers) and Police Records, with special shift differential rates applying to Clerks. In addition, the most recent MOU afforded I.D. Technicians a 4 range increase on top of the 8% granted 9-30-85. In terms of the effect of the petitioned unit modification on the existing class structure, I find that only 8 of the 20 stated classes (40%) are strictly Police Department classes. They are: 1. Assistant Property and Supply Clerk 2. Complaint Desk Coordinator 3. Identification Technician 4. Police Assistant 5. Property and Supply Clerk 6. Subpoena Clerk 7. Conoounity Service Officer 8. Crime Analyst Other classes were as follows: TITLE COMMENT 9. Automotive Serviceman Positions are assigned to Police and Fire but employees are in the Garage Diy~sion 10. Community Relations Officer Also in Fire Department 11. Dispatcher I and (12) Dispatcher II Also in Fire Department Note: In the petition it was unclear as to whether or not all Dispatchers were inc1u~ or just Police Dispatchers. (continued) c Impasse Resolution 12/18/85 o o 4 ~ 13. Intermediate Clerk (14) Intermediate Typist Clerk (15), Intermediate Steno Clerk (16), Senior Typist Clerk, and (17) Secretary Senior Switchboard Operator (19), prin. Steno Clerk and (20) Principal Clerk Used throughout the City 18. General City classifica- tion. (However, currently in use only in Police De- partment at this time) To allow the unit modification would technically create 12 new classes, and the end result (after the negotiation of 1 or more MOU's) would be that an Intermediate Clerk Typist (for example) in the Police Department would have a different pay range and benefits than an Intermediate Clerk Typist in the Fire Department - or any other department. This is not appropriate. Such a unit modification would not have a positive effect on the efficient operation of the City as a whole, nor would it be sound employee - employer relations to permit such a modification. Such a unit split would have a substantive effect on the classification structure of the City, and the claim that Police general unit employees are substantially different from other City employees (enough to cause a modification) was not proved. Thus, for confirmed employees the as and reasons stated above, the the most appropriate unit the unit modification request General Unit was for all General was denied. This report/packet was compiled for Council on 12/20/85. Additional data received from AFSCME and the modification petitioner by 12/30/85 will be forwarded to Council on 1/2/86 or 1/3/86. The hearing, set.for 1/6/86 at 2:00 P.M., requires no parti- cular format. The following format could be used, however, and it is based on the impasse hearing format of 11/18/85. I Data regarding timely submission, list of classes proposed for modified unit, and denial decision read by the City's Designated Representative. II Petitioner - Arguments in favor of modification. III AFSCME - Arguments against modification. IV Close Hearing - Take the matter under advisement (continued) c Impasse Resolution -- 12/18/85 o 5 ~ ~ It is recommended that the number and length of presentations by employees be limited, as were the presentations on 11/18/85. I suggest that AFSCME and the Petitioner each be allowed a total of 4 presenters, including any"legal repre- sentatives. Each group could thus have 3 persons speak, in addition to the employee group representative, and Council would hear a total of 9 persons, including the City's de- signated representative. MJ:jr -I ~' I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - r . ,- CHARLES A. GOLDWA~ER, ESQ. ~ SILVErt, KREISLER, GOLDWASSER & SHAEFFER 1428 Second Street, Suite 200 Santa Monica CA 90401 (213) 393-1486 :) ~ BEFORE THE PERSONNEL DIRECTOR OF THE CITY OF SAN BERNARDINO In the Matter of the ) SAN BERNARDINO POLICE OFFICER'S) ASSOCIATION (Safety Services ) Support Unit) ) ) ) ) PETITION FOR MODIFICATION OF UNIT [Res. No. 10584, ~9(A), ~lO(A); Regulations Implementing Employer-Employee Relations] (Petition for Recognition filed Concurrently) The San Bernardino Police Officer's Association (hereinafter referred to as "Association") hereby petitions the City of San Bernardino seeking modification of the presently existing General Employees Unit to provide for a Safety Service Support Unit to be represented for purposes of meeting and conferring in~good faith by the Association. In support of said Petition and in accordance with Res. No. 10584, Section 9(A), Section 10(A), and Rule l(C), Rules and Regulations Implementing Employer-Employee Relations, Association submits the following: III III III -1- 'f il II C il 1 !, ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O -\ o .....,I (1) Name: San Bernardino Police Officer's Association San Bernardino Police Department 466 West 4th Street San Bernardino CA 92401 P.o. Box 202 San Bernardino CA 92402 (714) 383-5011 (2) Names and Titles of Officers: President - Terry Wood Vice President - Steve Filson Executive Secretary - Pat Gantes Treasurer - Bob Curtis (3) Names of Authorized Representatives: Same as above. Legal Counsel - as designated. (4) Statement of Purpose: The San Bernardino Police Officer's Association has ,as one of its primary purposes the representation of employees in their employment relations with the City. (5) Affiliations: The San Bernardino Police Officer's Association is affiliated with the Peace Officers' Research Association of California, 1911 uF" Street, Sacramento, California, 95814. (6) Certified Copies: .-Attached hereto are certified copies of the Articles and Bylaws of the San Bernardino Police Officer's Association. (7) Designated Persons for Notice: The following individuals are designated to receive notices for the San Bernardino Police Officer's Association: Terry Wood , President, P.O. Box 202, San -2- -!! j; C ,I I' 11: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o :) o Bernardino, California, 92401. Pat Gantes, Executive Secretary, P.O. Box 202, San Bernardino, California, 92401. (8) Disclaimer: The San Bernardino Police Officer's Association hereby recognizes that the provisions of Section 923 of the ,~ California Labor Code are not applicable to City employees. (9) Membership Restrictions: The San Bernardino Police Officer's Association has no restrictions on membership based on race, color, creed, sex or national origin. (10) Job Classifications or Titles: . ~The.. fOllOWi~police Department and Central Co,le/l'l/;'.! LJISPA-!C( u'. 'GemfflU~ie~~.i3ion emplo ees are claimed to comprise an appropriate unit: Assistant Property and Supply Clerk Automotive Serviceman Commynications El~ctroni rnmmnni,.....fl....innc: FJ1.:ar-n'1ic;an @))b , . . .-/ Community Relations Officer Complaint Desk Coordinator Dispatcher ::c. ) IL ~i)~ Identification Technician Intermediate Clerk Intermediate Typist Clerk Intermediate Stenographer Clerk Principal Stenographer Clerk Senior Typist Clerk -3- c ), 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Secr<<::fy Police Assistant ~ ~ Principal Clerk Property and Supply Clerk Senior Switchboard Operator Subpoena Clerk Community Service Officer - Crime Analyst To include all permanent, non-safety employees; (Approximately 100 employees) (11) Proof of Support: Attached hereto is written proof dated within six months of this Petition to establish that the employees in the unit claim to be appropriate and have designated the employee organization, the San Bernardino Police Officer's Association, to represent them in their employment relations with the City. '(12) Request for Recognition: 18 The San Bernardino Police Officer's Association hereby 19 requests that the Mayor and Common Council recognize the San Bernardino 20 Police Officer's Association as the exclusive representative of the employees 21 in the unit claimed to be appropriate for the purpose of meeting and :. , . . . 22 conferring in good faith on all matters within the scope of representation. 23 Facts in support of proposed modified unit: 24 The proposed unit, represented by Association will assure 25 employees the fullest freedom in the exercise of the rights set forth in 26 Resolution No. 10584; 27 The proposed unit, represented by Association will assure 28 the efficient operation of the City and sound employer-employee relations; -4- c 2 3 4 5 6 7 8 9 10 11 12 13 1'4 IS 16 17 18 19 20 21 22 23 24 25 26 . 27 28 The Oloyees in the p'.:)'Jsed unit hove common respons.:::J1itie in connection with the provision of support services to law enforcement; Dividing the existing unit into two units will have little or no effect on the existing classification structure. I certify that the foregoing is true and correct to the best of my knO;l1edge. Dated: ;i-I-i'..5- /;/;;'c/ // // h1,d TER~ PRESIDE~T g ~~ ~~~. PAT GANTES~ EXECUTIVE SECRETARY Dated: I'D- (-'8S . . . -5- /' - R~H. ADELL & CROST o o 0, J A Pr'tOFESSIO,\IAL LPN CO;~::>O::::':'T!ON JULIUS REICH HIRSCH ADELL PAUL CROST GLENN ROTHNER ALEXANDER B, CVITAN 501 SHATIO PLACE. SUITE 100 LOS ANGELES, CALIFORNIA 90020 (213) 386,3860 November 1, 1985 ANTHONY R, SEGALL JOHN RUBIN MARGARET L, COHEN' KAREN 0, KRAEMER ~ItOf'~;I"'JfII$lya N'oIII''l'Ol'Io(a.vt!oONl.l' Of'COU~ HARVEY REICHARD OAN TRAMMELL M.J. perlick, Director of Personnel City of San Bernardino Personnel Department Ci ty Hall 300 North "0" Street San Bernardino, CA 92418 Re: San Bernardino Police Officer's Association Petition for Modification of Unit Dear Ms. Per1ick: This letter shall serve as a brief summary of the posi- tion of AFSCME with respect to the Petition for Modification of Uni t. During the course of the hearing before you, we articulated the facts and legal principles which we believe warrant the dismissal of the petition. Foremost among these is that the proposed modification simply does not meet the unit criteria set forth at Section 10(A) of the Employer-Employee Relations Resolution. AFSCME has a history of representing these employees, a separate unit for these employees would hinder the efficient operation of the City and sound employer-employee relations, the employees have functions and responsibilities common to employees in other departments represented in the General Unit, and the modification woul~ result in the splitting of existing classifica- tions among two or more units. Although the San Bernardino Police Officer's Association ("SBPOA") sought to portray the affected employees as unique, the similarity of their working interests and conditions with General Unit employees in other departments outweighs their uniqueness. Were the modification to be granted, there would be no reason to prevent employees in each City department to carve out their own unit, for the primary arg~ment advanced by the SBPOA in this case is that the affected employees work in the Police Department and are, therefore, unique in relation to employees in other depart- ments. ~ea 'C 1, k' Of' M.J. Per iC , Director 0 November 1, 1985 Page 2 o Personnel :) Cill Finally, as we discussed at the hearing~ to permit the SBPOA to represent these employees, albeit in a separate unit, would inevitably interfere with the ability of these employees to fully exercise their freedom under the Myers-Milias-Brown Act. The POA conceded at the hearing that the affected employees are supervised by lieutenants, sargeants, and patrolmen who make up the SBPOA. This presents a conflict of interest which should disqualify, that organization from representing these employees. The Bylaws of . the SBPOA, at Article V, S 7, provide that the Board of Directors shall make policy for the association and negotiate contracts, including collective bargaining agreements. Thus, according to the Bylaws, an organization which is dominated by the supervisors of the affected employees would be in a position to dictate to those employees the collective bargaining goals and strategy to pursue. This presents problems for the affected employees and for the City, which would face the prospect of having its supervisory personnel playing both sides of the negotiating table. Similar considera- tions have led the National Labor Relations Board to disqualify any organization in which supervisors actively participate and hold office from representing rank-and-file employees. See North Shore 'Univ. Hosp., 274 N.L.R.B. 188, 118 L.R.R.M. 1585 (1985) (a copy of this decision is enclosed with this letter). Very truly yours, REICH, ADELL & CROST By ~~ Glenn Rothner GR:dld Enc 1. ~ cc: John Wyrough .C STEPHEN H. SILVE~ RICHARD M. KREISLER CHARLESA. GOLDWASSER GEORGE W. SHAEFFER, JR. J.lEONARO STERN STEVEN E. KA YE CYNTHIA R. SAFFIR WILUAM J. HADDEN DAVtDJ. OUCHROW SUSAN SILVER NANCY P. CULVER SYLVIA E. KELLISON OF COUNSEL NORMAN B. SILVER PERSONAL INJURY OF COUNSEL SHALE F. KREPACK SILVER, KREIQR. GOLDWASS:) & SHAEFFER 1. PROFESSIONAL LAWCOAPORATION 1<28 SECOND STREET, SUITE 200 SANTA MONICA, CALIFORNIA 90401 TELEPHONE (213) 393-1486 TELEPHONE (213) 870-0900 :) COMMERCEBANK BUllOING 1201 DOVE STREET, SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE(114)955--1971 November 1, 1985 > UJ"~p/ !f1'P ' IA' Z,l.J. perlick Director of Personnel City of San 'Bernardino 300 North "D" Street San Bernardino CA 92418-0138 Re: Petition for Unit Modification/ San Bernardino Police' Officers Association (Safety Services Support Unit) Dear Ms. Perlick: This letter constitutes the Brief and Final Argument of the San Bernardino Police Officers Association ("Association") on behalf of its request to modify the current General Employees Bargaining Unit to provide for a separate Safety Services Support Bargaining Unit made up of the job classifications and titles contained in the Modification Petition. The Police Officers Association has filed the Petition on behalf of, and at the request of, the affected employees. The only issue before the Designated City Representative at this point is a determination of the appropriate unit or. units as between the existing unit and the proposed modified unit (Rule l(C), Rules and Regulations Implementing Employer-Employee Relations, City of San Bernardino). . The criteria for that determination are enumerated in the Employer-Employee Relations Resolution. Of overriding concern is the existence of a community of interest among the employees in a proposed unit. Factors to be considered in making the determinatiou include similarity of general kinds of work; qualifications and general working conditions; - CJIXER. KREISLER, GOLD\L\On & SHAEF~ November 1, 1985 Page 2 :.) history of representation; assurance of the fulle?t freedom in exercising the rights under the Employer-Employee Relations Resolution; and, the effect on City operations and employer-employee relations including stability of the classification structure. The Association contends that the evidence introduced at the Petition for Modification hearing supports a finding that the proposed modified unit is the most appropriate. The decision of the Designated City Representative must, as in all cases in which a hearing is required by law, be supported by the findings of the hearing officer which, in turn, must be supported by the evidence. '(Code of Civil Procedure Sl094.5.) In this case, although the Association appeared with nine witnesses ready to testify as to the issues, it was suggested by the Designated City Representative that only one presentation be made. The Association agreed. Under the circumstances, the evidence on the factual issues stands before the ,Representative uncontradicted. This leaves only the legal ,issues outlined above for determination. This is not an effort to become affiliated with the Police Bargaining Unit. The needs of sworn and non-sworn personnel, while similar, are not the same. But, by the same token, the needs of safety support personnel are so different from those of general employees that continued inclusion in that unit would be inappropriate. This is an effort to separate these employees from the general employees in order to allow both the City and the employees to benefit from the Employer-Employee Relations Resolution. The following ar~t should be considered in the dual context of indicating the similarity of interests of the classifications in the proposed unit as well as the dissimilarity of tqose shared interests with the interests of the general unit classifications. It is clear ~hat connection with law enforcement is a factor sufficlent to d1 stJ.nquishtllese- ernpI~e's;';"t'rolllOt11e-rs~~'~'--~--" i:J:i..r-.--~_-- L1. 1" IllI - .-~ -''ll;;;td..1~ ~~ Interestingly, in response to a question of the applicability of the law allowing for separate peace officer bargaining units, the Association vigorously protested its distinction from the sworn peace officer bargaining unit. That remains our position, but many of the same factors that justify the existence of bargaining units composed solely of sworn peace officers apply to a requested unit composed solely of law enforcement support personnel. OLYER. KREISLER, GOLD\L'OR & SHAEFF1() November 1, 1985 Page 3 :) The most obvious consequence of employment in the Police Department is the heightened exposure to risk of physical injury. Individuals in the proposed unit have been shot at, assaulted, required to handle dangerous individuals, and required to handle dangerous substances. For the most part, members ofthe_,.!?}3?p'(JS~._l.!.~it,~E.Eear to the ublic to be some t e of o~~ce off~cer.~!i:ls occurs e~t er by v~rtue 0 t e~r appearance a a crime scene, their uniform or plainly identified vehicle, or theirrnb~~~enc~ i~_ the Police Department_building. Many of the me ers o~ t~e proposed unit do jobs that are virtually indistinguishable from some of the duties performed by sworn officers. In fact, the identification technicians do jobs once performed by sworn officers, as do the Police Assistants. Even the Complaint Desk Coordinator does a job that was once performed by a sworn officer, and has to deal with violent people who come into the Police Department building. The risk of exposure to danger is significantly higher for the employees in the proposed unit than for ~hose in the General Employees Unit. Unlike the General Unit in which there is some exposure to risk in certain classifications based on unique factors, the exposure here is ~enerated by one factor - relationship to law enforcement. That exposure is common to all of the classifications in the proposed modified unit. Therefore, while an argument that the wearing of a uniform does not per se set forth the community of interest necessary to establish a separate bargaining unit, the wearing of a uniform that contains the word "Police", as those in the proposed unit do, indicates the close relationship to law enforcement. That relationship is the source of the increased risk of injury. Closely linked with this particular factor is the seriousness of the.jobs performed. This proposed unit, denominated Safety Services Support, is involved in just that: the support of the sworn safety officer. That support, at all levels from secretarial to physical presence in the street, has life and death consequences daily, 24-hours a day, seven days a week. This is best illustrated by the service provided by the dispatchers who must keep track of the officers and provide necessary back-ups, coordinate high-speed chases, and assign calls based on risk and injury priority. Everyone in the unit has contact with sworn officers. As a result of their physical presence in the building, and the regular contact with sworn officers, all unit members may be called on to assist the handling of a dangerous and violent SI'LYEH. I\:HEISLEH. GOLDWASSEI~ &. C ' c:: November 1, 1985 Page 4 SHAEFn:;.T';: .) -- ...1 individual, to help the sworn personnel. In a less dramatic fashion, the development and processing of Depar~ment paperwork provides a support to the sworn officers that can mean the difference between serving a warrant and making an arrest in a careful, orderly, safe and efficient manner, as opposed to a more dangerous approach sometimes necessitated by lack of documentary back-up (warrants and reports). The connection with this most serious of City services produces in the members of the proposed unit both a high level of stress and a strong positive personal identification with their job and the Police Department in general. While man in Cit em 10 ment ma be able to show u and ut 1n the1r ours s s ~ Department mustl because 0 the n~ture of..tJ:1_e _wp.,rls_c..J!lJ;lke a.~ total commi tmell.t eadi mome,nt_that ti1ex area.n .the jOE" and for much of their time~~~xfr~~tU~~j~b. Employees in the proposed unit are bound, too, by their s ecialized trainin use of s ecialized~~~iRment, 'and involvement 1n a spec1a 1ze proce ure;"""fKat-is 'e" .criminal justice system. hese factors are resent in all iob cla5sificfit~Qn~jn__tlh~~9R~~PJ-...... ~~IL.\C1P.E.r.~.1~ General Emplo~~~s U~t. Aside from learning the various codes (Penal, Vehicle, Business and Professions, Welfare and Institutions, Health and Safety, Municipal) all employees in the unit must be familiar with the elements of the crimes, the relative seriousness of the offenses, and the proper procedures employed as a consequence of acts appearing to be violations, i.e., whether the matter is handled as criminal or civil, by patrol or investigation, by juvenile or other County agencies, etc. In addition, to perform most jobs, members of the unit must have been trained in powers of arrest and search and seizure, as well as specialized training in analysis, first aid, driving and r~cords keeping. Members of the proposed unit are certified by the Commission on Peace Officer Standards and Training (POST) in the specialized, non-sworn functions. Another consequence of dealing with the criminal justice system is the high degree of confidentiality required. Both for the purposes of ma1nta1n1ng the 1ntegr1ty of investigations and the viability of prosecutions, the work of all employees in the proposed unit must be held in strict confidence; the safety of the officers and citizens and the ,CINEH. KHEISr.T:n, GOLDWA~H & SHAEFFEO ~ November 1, 1985 Page 5 security of the Department permit no breach of th~s confidentiality. In no other 'ob classifications in the Cit does the oss1b1l1t 0 a reac 0 con 1 ~1a ~~__ preseQt ?onsecruences as ras 1C as p YS1ca ~i13ury an harm, fa1lure to protlect the' CItizenry, and criminal prosecution of the employee breaching the duty of confidentiality. In no other job classifications in the City are such thorough background examinations performed or polygraph examinations required as regularly as in the Police Department. Employees in this proposed unit are subject to 24-hour call in case of emergency; they are expected to do whatever it 'takes and all it takes in unusual situations. They work in a paramilitary environment with a strict chain of command and disciplinary structure. It cannot be disputed, based on the evidence presented at the hearing, that the employees in the proposed unit are unique and distinct from the rest of the General Employees and share amongst themselves a common bond as evidenced by their types of work, education and training, and general working conditions. Unfortunately, their inclusion in the General Employees Unit has not afforded them the fullest freedom in the exercise of their rights under the Employer- Employee Relations Resolution. Comprising approximately one-fifth of the general unit, the needs particular to the law enforcement nature of their work have never been addressed at tne barga1n1ngta5Te. l<ather , "'base a on the sound pr1nclple-Qf'-obta1n1ng t~ greatest good for the largest number, the General Employees Unit has addressed those issues common to all employees. If it were not for the fact that the service provided by these employees is so extremely important, as a result of their close identification with. the sworn officers, their special needs may not appear to be a priority. But, in this City. which has elevated the sworn employee as evidenced by Charter Section 186, in matters'-6f col1ect~veDargarrrrng, to sucn he1ghts tnose su~portin~=~K~~worn=orrr~~'~ate=~~~~~lng of partrcu!,,~!=~_~_~~,,~~_~~"!.~~~~~!:;_~~.,.'=~Mt"~~=~"4~_. The uniform policy of the General Unit does not recognize the special equ1pment needs of safety support personnel. The stand-by policy does not reflect the court appearance needs of safety support personnel. The shift schedule and rotational policies are not negotiated; they ,CIL\'ER. KREISI.EH. GOLDWAO~H & SHAEFV November 1, 1985 Page 6 :') don't reflect the needs of the safety support personnel. Specialized pay for hazardous as13.i9nments is not addressed. In short, part1cular problems that ar1se because of the law enforcement nature of the job are subordinated to very general needs of the other 400 employees in the General Unit. This does not allow the fullest freedom in the exercise of rights under the Resolution. The history of the unit indicates that the unit has existed in the same form for almost 15 years. In those 15 years, in a number of areas, civilians have replaced sworn peace officers in the performance of certain jobs. The trend is to continue that replacement. The nature of the jobs performed by those in the proposed unit have evolved to become more clearly linked amongst themselves and with law enforcement and more distinct from the rest of the General Unit. .. . The history also .~.l'1ows trre",e;.J.J',~~!;~~ for unit mod1f1cat1pn inth~~~t:!lve'vea~sJ: --- There is no evidence upon which to determine the effect of the proposed modification on the efficient operation of the City, sound employer-employee relations, and the existing classification structure. It is obvi<?~i. that emp~oyer-employee relations ~!l.?~~reatl~e~~~nced by allow1ng these employees an opportun1ty-,;o=r;e neara~ fne practical effect of this unit modification. And, it is n~t wilq ~R~c~f~t~n~to a~sume that the>-e!!t~~~~y of C1 tv oOIi.. a t19.,!l.~'e.ill_X!.c;>_t....~Q.,.itux..."w?-LIz~ ",,~~:f ~~e~,~- 't,Ii e formation of th1s unit. It may be sa1d that City operations will be facilitated if the special needs of this group are regularly addressed in the meet and confer process. An argument was made that units are to be drawn across department rines; that separate departmental units are not common and ~ot good. This is not the case. In law enforcement in particular bargaining units may be formed along department lines and if desired bX the emplovees, must ~ Certainly, as argued above, the simriarity of jOb duties and commonality of purpose with law enforcement would justify a unit of non-sworn employees drawn according to the boundaries of the Police Department. Finally, some comment was made about the impropriety of supervisors belonging to the recognized employee organization for any such modified unit. The City cannot determine who mayor may not belong to the Association. The 'C o o :) SILVER, KREISLEH, GOLDWASSEH & SUAEFFEH November 1, 1985 Page 7 facts are that the Police Officers Association Board of Directors contains a number of non-sworn people who are seeking this unit modification. An officer of the Association is one of the employees requesting this modification. The police unit contains supervisors and non-supervisors, and other bargaining units throughout the state contain supervisors and the people they supervise, even if only sergeants and patrol officers. The comments on this issue were misplaced and irrelevant. No case exists interpreting the Meyers-Milias-Brown Act in the way suggested. The Rules of the City of San Bernardino do not preclude the unit requested, nor, the representation requested. Be advised that only upon a determination that the proposed modified unit is appropriate does th e issue of recognition arise. There- fore it is our contention that arguments going to the issue of representation are premature and irrelevant. In conclusion, for the reasons set forth above ,and based on the evidence introduced at the hearing in this matter, it is requested that the General Employees Unit be modified along the lines contained in the Petition for Unit Modification filed herein. Very truly ~ CHARLES A. CAGjcg cc: Terry Wood, San Bernardino P.D. Pat Gantes, Darryl Zoulko, San Bernardino P.O. c 0 CITY OF SAN BERNARDINO , \'\, I \ . ~ .. J . :{ -"". .. '-I ,- 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241ll-0138 .. PERSONNEL DEPARTMENT M,J, PER LICK DIRECTOR OF PERSONNEL , November 20, 1985 Mr. Charles A. Goldwasser Silver, Kreisler, Goldwasser & Shaeffer 1428 Second Street, Suite 200 Santa Monica, CA--9-0401 Ms. Ann Imparato Staff Representative, AFSCME Calif. Pist. Cncl. 36 AFL-CIO 1530 West Lincoln Avenue, ~109 Anaheim, CA 92801 re: Denial or-Request for Unit Modification On October 30, 1985, a Unit Modification hearing was held, as authorized by City Resolution 1115'85. Arguments \'Iere mac1e"by ,- the representative of the SaD ~ernardino Police Officers Association in favor of a, .'safety silpport type -unit and arguments against same were made by an attorney from AFSCME. '. I recognize that there is a strong desire on the part of the current non-safety employees of the Police Department to form their own unit. This denial of unit modification should not in any way be taken as a negative move on the part of the City towards those employees. In his statement, Mr. Goldwasser strongly argued that non sworn employees in the Police Department should not be in with the General Unit due to a number of factors~ I was not persuaded, however, that granting the unit modification would assure employees the fullest freedom in the exercise of their rights as set forth under City Resolution 10584. Such a unit modification would not have a positive effect on the effi- cient operation of the City, and it most probably would have a negative effect. The unit modific~tion as requested is hereby denied. The appropriate unit is confirmed as a unit containing all General Unit employees.' (continuecll . --. ---- .~..........- . .." -... c' o j .'I'~' \ \" . , 1 \ . \ Mr. Charles A. Goldwasser November 20, 1985 Page 2 Sincerely, ...LJ ~y (~~,t.:.L MARY JA~ PERLICK Director of Personnel MJ:jr cc: Mayor Evlyn Wilcox .Jack Matzer, City Administrator Police Department: T. Wood P.' Gantes----,-- G. Aponte S. Dawson-" N. Clark J. Coar S. Zoulko R. Rees J. Alexander S. Moore P. Schoultz .~---::. - ,. . , , - , , . c. o o --..- . '-. CITY OF SAN BERNARDINO 300 NORTH "0" STREET, SAN BERNAROINO. CALIFORNIA 9241B.()138 PERSONNEL DEPARTMENT M,J, PER LICK DIRECTOR OF PERSONNEL December l8, 1985 Mr. Charles A. Goldwasser Silver, Kreisler, Goldwasser & Shaeffer ' 1428 Second Street, Suite 200 Santa Monica, CA 90401 Ms. Ann Imparato Staff Representative, AFSCME Calif. Dist. Cncl. 36 AFL-CIO 1530 West Lincoln Avenue, #l09 Anaheim, CA 92801 re: Hearing on the Matter of Unit Modification/Submission of Other Data Per City Resolution 10584, a hearing has been set by the Council for January 6, 1986 at 2:00 P.M. on the matter of unit modification. Council will receive, in advance, a copy of the original petition for unit modification, the summary submitted by AFSCME's legal representa- tives dated 11/1/85, the summary ("Brief and Final Argument") submit- ted by Charles Goldwasser and the modification denial decision dated 11/20/85. If you have any other data you wish to have delivered to the Council in advance of the hearing date, please have same in my office by 4:30 P.M. on December 30, 1985. Although the hearing format will be determined by Council, I would ex- pect that they will hear presentations of individual employees, act- ing as spokespersons for the group. May I suggest that each group (AFSCME and Charles Goldwasser) limit themselves to 3 or 4 employee presentations each, in addition to the presentation by each group's main representative. If you have concerns regarding this limit, please contact me prior to 12/30/85. Please call me if you have any questions regarding the process. Sinc:r; ~ ~ JA~ {~RLICK Director of Personnel MJ:jr ~. ... r'",,\ , ..,/ The American Federation of State, County & Municipal Emplo- yees supports the decision recently reached by your Personnel Director, M. J. Perlick, after hearing extensive arguments on the proposed modification. The theory behind bargaining units and their composition rests on achieving a well-balanced group of employees who have similar needs and demands. The concept of job categories which are compatible to an effectively formulated bargaining unit is intended to benefit both labor and management. Broad and en- compassing characteristics preclude the effect of smaller bar- gaining units which concentrate on varying yet specific goals and when they attain them, then demand benefits similar to the collateral bargaining units, based on a notion of parity. For management there is also the benefit that results in cost efficiencies, by not having to negotiate too many separate collective bargaining agreements and in standardizing a wage and benefit package. In this instance, the components within the structure of the bargaining unit have not changed since originally formed. Unit formation was and still is based on the notion of "job posi- tions" or "job categories" as opposed to differences in speci- fic individuals filling those jobs. It is the commonality of the jobs contained therein as opposed to the individuals con- tained therein. Skills and duties of employees need not be identical in order to establish a community of interest. Rather, there must be a common enough aspect of employment which makes it reasonable to negotiate jointly. Employees with differing skills and functions are deemed to have the (1 ) c: ~/ 1 I requisite community of interest based on the following: 2 3 1. Job functions involved, 2. Rate of compensation for the job, 4 5 6 7 8 9 10 3. Whether compensation is paid on hourly or salary basis, 4. Whether there are prerequisites to holding the specific job title, similar to others within the unit. 5. Similar fringe benefits to job categories within the unit. 6. Similarity of duties to other job titles in the unit. 7. Similarity of fringe benefits, (pension, vacation, 11 sick leave). 12 Throughout the history of the existing bargaining unit, 13 there has been continuing participation by employees in all 14 job categories included in the General Unit, in all aspects of 15 representation and negotiations. There have been no exclusions 16 based on particular skills, departments or locations. 17 Decisions on the composition of bargaining units are not 18 taken lightly. Once established, as this General Unit has been, 19 we are confronted with the precedent of earlier decisions whe- 20 ther in this jurisdiction or others. The integrity of this 21 General Unit has been maintained in the past and has been 22 reaffirmed just recently. There have been no changes or evi- 23 dence presented that would warrant deviation from precedents 24 set. 25 Dated: January 6, 1986 Anaheim, California 26 27 28 Respectful~bmitted' ~ A_ ~ M~ Imparato Staff Representative AFSCME Council 36 , ~ \ ~, . (" " - ~ \..",,.--' 1 Ann M. Imparato Staff Representative 2 American Federation of State, County & 3 Municipal Employees 1530 W. Lincoln Avenue, Suite 109 4 Anaheim, Ca. 92801 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Presented to: ] Honorable Mayor Evlyn Wilcox ] & ] Councilmembers of the City of San Bernardino ] ] Proposal: RE: Modification of General Unit, AFSGME Local 122