HomeMy WebLinkAbout20-Personnel
. t?
'Jr7 ~ITY OF SAN" BE~ .l"ARDINC - (~VlEMORANDL.~
To
Mary Jane Perlick
Director of Personnel
Subject
Unit Mo~ification an~ Decertification
Allen R. Brig98
From Sr. A88t. City Attorne,
Date January 30, 1986
'.
Approved
Date 700.17
You have asked us to provide a legal opinion on the
wadvisability of modifying a bargaining unit between the
initial decertification election and the subsequent run off
election.w As Mr. Prince advised the Mayor and Common Council
at the time of the last hearing on unit modification, the
Council has the legal authority and right to modify the unit
at any time, upon proper request. Such a proper request is
presently pending~ therefore, the Mayor and Common Council can
now modify the unit if it chooses to do so.
.
As to the advisability of doing so between the time of an
initial decertification election and the subsequent run off
election, that is a matter of policy on which this office
should give no advice. Taking approximately 120-130 seemingly
wdissident employeesW out of what is the present bargaining
unit would appear to benefit AFSCME greatly in the subsequent
run off election, but would hurt AFSCME on a long-term basis.
That is not a legal concern <of the City. The Council has the
auth. ermit unit odifi ion at this time if it
c ooses to exerClse t at right.
ARB:nb
#2-0
CITY Oil f'H.~;O"
--(,
v{/
</~
~" ""v
~
.
(:
('
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
8601-719
TOI Ralph Prince, City Attorney
FROM I Mary Jane perlick, Director of Personnel
SUBJECT I Unit Modification and Decertification
DATE I
COPIES:
January 28, 1986
(6603)
Ray Schweitzer, Deputy City Administrator; Jack
Matzer, City Administrator; Mayor Wilcox
-------------------------------------------------------------
In an oral opinion, your office indicated that should APSCME
be decertified and SBPEA become the new representative, SBPEA
would "inherit" the General Unit contract. The contract
would not be voided nor be reopened (unless mutually agree-
able) as it's expiration date is 6/30/87. Please confirm
same in writing.
In the likely event that a safety support is carved away from
the General Unit, would the General Unit MOO still be in
effect for the new unit until the contract expiration date of
6/81? or would the Safety Support unit DQ.t. receive the 6%
General Unit increase and the cafeteria plan increase in
December of 1986 unless same is specifically negotiated for,
again. I would think they ~QUld receive the 6% and health
plan increases, as per a previous City attorney opinion on
the same kind of situation with the Middle Management unit in
1984. Please provide a written legal opinion on this - as I
am sure this will come up during the February 3 hearing.
~1~ase.~lso--pr~vide~-~~9al~pi~ion~n~he~dvi~abi~~t~~f
modifying a bargaining unit between the initial decertifica-
tion election and the subsequent run off election. The unit
modification hearing will reopen on February 3. The run off
election has been scheduled for February 20.
A~'
~ JIJ:s~
Director of Personnel
MJ:jr
*t-o