San Bernardino city wins in battle against firefighter contract

From the San Bernardino Sun, we get a detailed look into the ongoing legal battle surrounding the city's bankruptcy and its relationship with the firefighters' union. The situation has taken an interesting turn as officials secured two key victories in U.S. Bankruptcy Court, both of which have significant implications for the firefighters.

In a tentative ruling, Judge Meredith Jury agreed to reject the current collective bargaining agreement between the city and the firefighters’ union, giving the city the power to draft a new contract. The city argued that this move was necessary to reduce costs, particularly by shifting from a full staffing model to a minimum staffing approach. This would allow the city to leave some positions open if a firefighter is absent, thereby cutting down on the more than $4 million in annual overtime pay.

Another key point raised by the city was the continuation of retirement contributions that had previously been covered by the city until January 2013. By making firefighters pay these contributions again, the city would effectively reduce their take-home pay by nearly 14%. However, City Manager Allen Parker clarified that there are no immediate plans to implement a new contract right away, leaving a potential legal and operational gap in the meantime.

Jury emphasized that while she approved the rejection of the current contract, she did not endorse any specific terms of the new one. She also noted that the city cannot violate substantive law, including a provision in the city charter that prevents cuts to public safety salaries—though this clause is up for a vote in November.

The judge also made it clear that the duration of the imposed contract remains uncertain. “I said it’s interim, but I don’t know how long ‘interim’ is,” she stated. “I think it will last until a new collective bargaining agreement is negotiated or the bankruptcy plan is approved.”

In a separate development, the court rejected the firefighters’ request to lift the automatic stay that prevents lawsuits against the city during bankruptcy proceedings. Firefighters’ attorneys want to argue in state court that the city failed to follow proper procedures in negotiations. Meanwhile, similar motions from police and fire unions are still pending after contracts were imposed on them in January 2013.

The city’s legal team will soon submit the proposed 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 from the judge, firefighters’ attorney Brian Goodrich accepted the decision but reserved the right to appeal.

The main objection from the union focused on the admissibility of evidence provided by the city, which the judge largely dismissed as not valid. However, the union will have the chance to cross-examine the city’s financial consultant, Michael Busch of Urban Futures, who played a major role in presenting the case that the current contract is a financial burden.

On Thursday, the city’s bankruptcy attorney, Paul Glassman, also announced that two firefighter layoff notices had been rescinded. Additionally, four demotions within the Fire Department are currently under review through the city’s appeals process.

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