On January 6, 2015, the Labor Relations Information System posted a podcast interview about the Sacramento Area Fire Fighters, IAFF Local 522's win in County of Sacramento (2014) PERB Decision No. 2393-M. LRIS attorney Will Aitchison interviewed Mastagni Holstedt attorney Jeff Edwards and Local 522 District Director Steve Loza about the case.
County of Sacramento vindicates the right of public safety professionals to wear union insignia on duty. First, the ruling means public safety professionals, such as firefighters and peace officers who were a uniform, have the right to wear union insignia on their uniform on duty. Second, firmly established that the right to wear union insignia cannot be limited to pins, but includes other apparel such as T-shirts, caps, and clothing.
Showing posts with label IAFF. Show all posts
Showing posts with label IAFF. Show all posts
Friday, January 9, 2015
Monday, October 20, 2014
PERB Vindicates Right of Public Safety Professionals to Wear Union Insignia on Duty
In a decisive win for labor, the Public Employment Relations Board (PERB) overturned an administrative law judge and held firefighters at Sacramento’s airports have the right to wear Sacramento Area Fire Fighters, IAFF Local 522 union logos on duty.
The case has statewide importance for two reasons. First, the ruling means public safety professionals, such as firefighters and peace officers who were a uniform, still have the right to wear union insignia on duty. Second, firmly established that the right to wear union insignia cannot be limited to pins, but includes other apparel such as T-shirts, caps, and clothing.
In County of Sacramento (2014) PERB Decision No. 2393-M, firefighters wanted to wear union logos on the Class B uniform t-shirts, caps, and sweatshirts. Local 522 provides the apparel at cost to firefighters it represents throughout the Sacramento area. The Local 522 apparel conforms to uniform specifications and includes the union logo.
For a time, firefighters were allowed to wear the union logo apparel occasionally. In October, firefighters wore pink versions of their union logo apparel to support breast cancer awareness. There were no operational problems or complaints. Then, the County ordered the firefighters not to wear “hats, T-shirts and sweatshirts with the union logo” and announced it would discipline any firefighter who wore the union logo.
Local 522 filed an unfair practice charge with PERB, alleging the prohibition against wearing the Local 522 logo interfered with their rights under the Meyers-Milias-Brown Act, one of California’s public sector collective bargaining statutes. Local 522 members expressed their strong desire to support and show solidarity with their union which they had worked hard to join by wearing union apparel on duty.
The County claimed the firefighters did not have the right to wear union insignia on their Class B uniform. It claimed that since the firefighters wore public safety uniforms, the County had the right to ban union insignia since they were not part of the uniform. The County also claimed union members only have a right to wear small union pins, not other kinds of union apparel.
PERB rejected the County’s arguments and upheld the right of Local 522 members to wear the union logo. PERB held the “fundamental right to wear union insignia at work” applies equally to employees who wear public safety uniforms. PERB rejected the notion that a union member’s right to wear union insignia is limited to wearing pins, noting, “The County offers no logical argument why a protected right to wear union insignia transforms into an unprotected right because the insignia appears on clothing rather than an object that is attached to clothing.”
Thus, PERB held the County had to demonstrate there was a special circumstance justifying the restriction on wearing the union logo. The County provided no evidence of a special circumstance and the evidence showed several other agencies permit firefighters to wear union insignia at work without incident. Thus, PERB decided the County violated Local 522 members’ rights and ordered it to cease and desist and post notice of its violation of state law.
Local 522 was represented in the matter by Jeffrey R. A. Edwards, a senior associate at Mastagni Holstedt, APC.
The case has statewide importance for two reasons. First, the ruling means public safety professionals, such as firefighters and peace officers who were a uniform, still have the right to wear union insignia on duty. Second, firmly established that the right to wear union insignia cannot be limited to pins, but includes other apparel such as T-shirts, caps, and clothing.
In County of Sacramento (2014) PERB Decision No. 2393-M, firefighters wanted to wear union logos on the Class B uniform t-shirts, caps, and sweatshirts. Local 522 provides the apparel at cost to firefighters it represents throughout the Sacramento area. The Local 522 apparel conforms to uniform specifications and includes the union logo.
For a time, firefighters were allowed to wear the union logo apparel occasionally. In October, firefighters wore pink versions of their union logo apparel to support breast cancer awareness. There were no operational problems or complaints. Then, the County ordered the firefighters not to wear “hats, T-shirts and sweatshirts with the union logo” and announced it would discipline any firefighter who wore the union logo.
Local 522 filed an unfair practice charge with PERB, alleging the prohibition against wearing the Local 522 logo interfered with their rights under the Meyers-Milias-Brown Act, one of California’s public sector collective bargaining statutes. Local 522 members expressed their strong desire to support and show solidarity with their union which they had worked hard to join by wearing union apparel on duty.
The County claimed the firefighters did not have the right to wear union insignia on their Class B uniform. It claimed that since the firefighters wore public safety uniforms, the County had the right to ban union insignia since they were not part of the uniform. The County also claimed union members only have a right to wear small union pins, not other kinds of union apparel.
PERB rejected the County’s arguments and upheld the right of Local 522 members to wear the union logo. PERB held the “fundamental right to wear union insignia at work” applies equally to employees who wear public safety uniforms. PERB rejected the notion that a union member’s right to wear union insignia is limited to wearing pins, noting, “The County offers no logical argument why a protected right to wear union insignia transforms into an unprotected right because the insignia appears on clothing rather than an object that is attached to clothing.”
Thus, PERB held the County had to demonstrate there was a special circumstance justifying the restriction on wearing the union logo. The County provided no evidence of a special circumstance and the evidence showed several other agencies permit firefighters to wear union insignia at work without incident. Thus, PERB decided the County violated Local 522 members’ rights and ordered it to cease and desist and post notice of its violation of state law.
Local 522 was represented in the matter by Jeffrey R. A. Edwards, a senior associate at Mastagni Holstedt, APC.
Tuesday, March 12, 2013
PERB Charges San Jose With Labor Law Violations Over Pension Initiative
On March 8, 2013, the Public Employment Relations Board issued a complaint against the City of San Jose related to Measure B, that City's attempt to strip employees of their retirement security. The complaint alleges the City "knowingly provided inaccurate information" to the union about "its fiscal obligations regarding retirement benefits." The City has been widely criticized for using pension numbers "not based on reality."
The complaint also alleges the City refused to meet and confer with the union and moved forward with Measure B without completing the labor relations process. Accordingly, the complaint alleges the City violated Government Code sections 2503, 3505, and 3506.5. Now the City must respond to the allegations with 20 days and the case will proceed to a hearing in front of judge with the Public Employment Relations Board.
The complaint also alleges the City refused to meet and confer with the union and moved forward with Measure B without completing the labor relations process. Accordingly, the complaint alleges the City violated Government Code sections 2503, 3505, and 3506.5. Now the City must respond to the allegations with 20 days and the case will proceed to a hearing in front of judge with the Public Employment Relations Board.
Tuesday, July 31, 2012
California Democratic Party Joins Police and Fire Unions to Oppose Prop 32
Wednesday, November 9, 2011
Labor-Backed Pension Reform Wins, Adachi Initiative Fails in San Francisco
On Tuesday, San Franciscans considered two voter initiatives about public employees' pensions: Measure C, backed by local labor unions, and Measure D, the so-called Adachi Initiative. Measure C passed with 68% of the vote and Measure D failed, attracting only 33%.
Measure C requires employees to pay a small portion of their salaries to offset healthcare costs and requires most employees pay 7.5% of their salaries to the pension system until the system's investments recover from the recession. Measure C was endorsed by labor, including the San Francisco Police Officers Association and San Francisco Fire Fighters, IAFF Local 798.
San Francisco's Public Defender, Jeff Adachi, spearheaded Measure D, which would have taken even more away from San Francisco's public employees and targeted public safety professionals in particular. Measure D would have required most employees pay at least 7.5% and police and fire 10% of their salaries even after the pension system recovers. It would also have reduced pension benefits. Adachi's previous attempt to slash pension failed in 2010.
Measure C requires employees to pay a small portion of their salaries to offset healthcare costs and requires most employees pay 7.5% of their salaries to the pension system until the system's investments recover from the recession. Measure C was endorsed by labor, including the San Francisco Police Officers Association and San Francisco Fire Fighters, IAFF Local 798.
San Francisco's Public Defender, Jeff Adachi, spearheaded Measure D, which would have taken even more away from San Francisco's public employees and targeted public safety professionals in particular. Measure D would have required most employees pay at least 7.5% and police and fire 10% of their salaries even after the pension system recovers. It would also have reduced pension benefits. Adachi's previous attempt to slash pension failed in 2010.
Tuesday, July 12, 2011
New Department of Labor App Allows Employees to Track Hours Worked and Wages
The US Department of Labor has released a free application for iPhones and iTouch that will assist employees in tracking their hours worked, meal periods and rest breaks, overtime and wages owed. The application is titled "DOL-Timesheet" and is available for free on the apple website, and is expected to be released soon for other phones. This application will provide workers a valuable tool to establish their wage and hour claims where the employer has failed to keep accurate records. Under the FLSA and California labor law, employees can establish wage claims by reasonable inference where accurate records are not available.In Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946) the court recognized that employees may establish their claims by reasonable estimates and averages. The court found, "Where the employer's records are inaccurate or inadequate and the employee cannot offer convincing substitutes ... the solution ... is not to penalize the employee ... on the ground that he is unable to prove the precise extent of uncompensated work. Such a result would place a premium on an employer's failure to keep proper records ... it would allow the employer to keep the benefits of an employee's labors without paying due compensation as contemplated by the [FLSA]." Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946).
This application will provide a much more accurate record of hours worked and strong evidence for courts to estimate the claims of other employees. Secretary of Labor Hilda L. Solis stated "This app will help empower workers to understand and stand up for their rights when employers have denied their hard-earned pay." The Labor Department indicated the calculator will be updated to allow workers to keep track of their tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest. The application can be found at http://www.dol.gov/whd/ or on itunes.
Tuesday, May 31, 2011
Court Holds FFBOR Applies to Charter Cities
In International Association of Firefighters, Local 230 v. City of San Jose (May 24, 2011), the Court of Appeal ruled the Firefighters Procedural Bill of Rights Act (FFBOR) applies to charter cities, even if it conflicts with a city’s charter.
After FFBOR was enacted in 2008, Local 230 requested the City meet and confer over how it would be implemented. However, the City refused, claiming it was exempt from FFBOR because it is a charter city. The City claimed the “home rule” provisions of the California Constitution meant the city charter trumped conflicting state laws, including FFBOR.
The California Constitution gives charter cities special powers to “make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters…” (Cal. Const. art. XI, § 5.) Charter cities have claimed this provision means they do not have to follow the Public Safety Officers Procedural Bill of Rights Act (POBR). Courts, however, have rejected these claims. The Court of Appeal looked to those cases to decide whether charter cities have to comply with FFBOR.
In Baggett v. Gates (1982) 32 Cal.3d 128, the California Supreme Court decided the “home rule” provision of the state Constitution applies to issues that are “strictly municipal affairs,” but not “matters of statewide concern.” The Court of Appeal used the same analysis in Baggett and applied it to FFBOR. The Court noted stable labor relations with public employers, including firefighters, are a matter of statewide concern. It also gave “great weight” to the Legislature’s finding FFBOR addresses a matter of statewide concern.
After FFBOR was enacted in 2008, Local 230 requested the City meet and confer over how it would be implemented. However, the City refused, claiming it was exempt from FFBOR because it is a charter city. The City claimed the “home rule” provisions of the California Constitution meant the city charter trumped conflicting state laws, including FFBOR.
The California Constitution gives charter cities special powers to “make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters…” (Cal. Const. art. XI, § 5.) Charter cities have claimed this provision means they do not have to follow the Public Safety Officers Procedural Bill of Rights Act (POBR). Courts, however, have rejected these claims. The Court of Appeal looked to those cases to decide whether charter cities have to comply with FFBOR.
In Baggett v. Gates (1982) 32 Cal.3d 128, the California Supreme Court decided the “home rule” provision of the state Constitution applies to issues that are “strictly municipal affairs,” but not “matters of statewide concern.” The Court of Appeal used the same analysis in Baggett and applied it to FFBOR. The Court noted stable labor relations with public employers, including firefighters, are a matter of statewide concern. It also gave “great weight” to the Legislature’s finding FFBOR addresses a matter of statewide concern.
Subscribe to:
Posts (Atom)