HomeMy WebLinkAboutMin - CC - 1970.06.11296
Burlingame, California
June 11, 197O
CALL TO ORDER
A regularly adjourned meeting of the city council from its regular
meeting of June 1, 1970, was held on the above given date. lfhe
meeting was called to order by Mayor Pro Tempore Amstrup at 8:00 p.n.
Present - CounciLmen:
ebsent - Councilmen:
AInstrup-Johnson-Ir{angini-I.{artin .
Crosby.
HEARING - CON?INUATION OT REOUEST
FIREIIEN RE: REDUCTION OF VIORX HOURS
Uayor Pro ?empore Anstrup announced that the adjourned neeting had
been scheduled to continue the special hearing on the subject of the
disputed reduction in the hourly working weeks as requested by the
firemen.
Setting forth a procedure under which the hearing would be conducted,
the Chair invited the City Manager to initi.ate the discussion.
The City ltanager, referring to provisions within the new "Enployer-
Employee Relations" Resolution. Btated that as the Enployee Officer.
he had met and conferred in good faith with the representatives of
the several employee organizations; the Fire Department representativesin ttreir original presentation had submitted a list of ten requesta
affecting rrages and fringe benefits; that subsequent to a numbe r of
conferences and their acceptance of (f) a proposed eight percent across-
the-board increase, effective ltarch 1, 1970, (2) an increase in vacation
allor,rances, (3) a $25.OO per month uniform allorrance, and (4) the
adoption of the 1957 Survivors Benefits, the point that remains in
dispute is the request for a fifty-six work hour week.
fhe City llanager stated that the conferences thereafter resulted in an
impasse and that it waE generally agreed upon, under the terms of the
Resolution, that the issue be referred to Council and a public hearingto consider the merits of the dispute.
llhe Chair questioned the City Manager concerning the outcome of his
meeting this morning with Fire Department representatives.
lhe City lrlanager advised that their opinion had not changed and the
hearing was therefor to proceed.
llhe City Attorney, in reply to the Chair, confirmed that an impasse
has resulted between the fire departnent employees and the City Manager
and referred to the three alternate impasse procedures outlined in therules and regnrlations reso1utj.on6, wherein the procedure to appear
before Council to resolve the issue at a public hearing was selected.
Ur. Edmund Audeoud, President, International Association of Fire
Fighters, Local 1872, addressed Council to urge that utmoat consider-
ation be given to the reduction in hours as requested, stating that it
iE the trend among cities today.
l{r. Thornton C. Bunch, Jr., \ras introduced as the Attorney representing
the locaL Union.
Ur. Bunch in his opening comments to Council took issue with a statement
made by the City Manager concerning his reference to an "impasse and a
decision to bring the matter before Council"; that there is a miE-
understanding in that there uras no impasse; the rules and regulations
ROLL CALL
?,97
stipulate that either party, under the opinion that an impasse has
occurred may initiate the impasse procedure by filing with the partiesaffected, a written request for a meeting; that in this instance,
there was no letter of exchange to so declare an impasse.
l4r. Bundl confirmed that the meeting vith the City Manager this morning
was inconclusive and that the firemen are firm in their request thattheir weekly hours be reduced to fifty-eight hours in 1971 and tofifty-six hours in 1972; considerable effort is being expended by city
firemen within the area to reduce the hourly work week r that the last
reduction for firemen in Burlingame was in 1952 and the current requestis an attempt to estabLish a work ureek that is comparable and indicative
of the trend in the bay areai a nunber of eities in the bay area are
close to a fifty-six or a fifty-eight hour week and working toward the
fifty-six hour week effective in July of this yeari m:rny of the juris-
dictions geographically situated in the area of Burlingame are on a
reduced work week i the average hours are approximately 59.2%; the
hourly reduction is not only a trend but a "fact of life", the requestis reasonable and the firernen are willing to wait; hohrever, a commitment
is requested that hours will be reduced in 1971 to fifty-eight hours and
in 1972 to fifty-sbr hours.
In closing, Mr. Bunch read a statement from an article appearing in a
1968 national publication to the effect that in cities htith a population
of 25,OoO or more, the work week for firefighters has dropped from sixty
hours to fifty-six hours and that it would appear that the most conmon
working sctredule is fifty-six hours on a twenty-four hour shift.
To Councilman uartinr s inquiry concerning hours worked by firemen in
San Uateo County cities, Ur. Bunch referred to a survey list and advised
as follows:
60
60
63
56
56
64
56
58
DaIy City
south San Francisco
nillsborough
Pacifica
san Carlos
Redwood City
uillbrae
San Mateo
(promised 56)
(promised 56)
(requesting 58)
(requesting reduction)
(average)
(reguesting 56)
Discussion arose on the forty-hour rrork lreek, under rih ich the majority
of employees work, in comparison with the sixty-hour worked by the
firemen.
llhe City Manager stated that it is premature to establish a reduced
work ing lreek for firemen and that there is no current indication
throughout the nation to reduce the forty-hour week; fifty-six hours is
definitely not the prevailing practice in California; the average is
sixty-two hours per week, with an average of sixty hours in the bay area
and in san ltateo county, 59.4 hours.
llr. Bunch stated that the comparison is unreasonable and that it rrould
be inappropriate to request the firemen to wait for thos employees on
a forty-hour week to exercise sufficient pressure to reduce their work
week.
Itre City ltlanager in continuing his argumenta, stated the opinion that
the request is unjuetified if presented on the basis that "it is the
trend"; that it would be diEcriminatory to other employees arld may be
met rrith unfavorable public reaction; the economic conditions and
prospects for the future do not urarrant the drange.
The City ltlanager recoruoended that the subj ect be further explored at
the next wage negotiation period.
e98
Mr. H. c. Harmelink, identifying hirnself as the west coast rePreaentative
of the Firefighters Union, debated some of the issues set forth,
Etating that it is a national trend to reduce the hourE and that fire-
fighters have been discrirninated against insofar as long working hours
are concerned.
It{r. Audeoud reported on his recent personal survey of cities within the
County and the request of eadr for a reduction in hours to fifty-six,
commencing July of this year, \,rhereas the Burlingame firemen are willing
to wait until ,January L, 1972 for the hourly reduction.
Edward Ruegg, Burlingame fireman and a meniber of the local union, stated
that the firemen are " asking for a projection in the hourly reduction"
and that they are currently " attempting to develop a system that is
beconing a trend. "
Councilman ltartin questioned !1r. Audeoud on how he may justify a possible
increase in the tax rate for a proposal that is as yet merely a "trend."
I{r. Audeoud, commenting on the lot^, tax rate that has been in effect for
the past few years, stated the opinion that the taxpayer \rould not
object to a smaLl inerease in the tax rate.
t4r. Harmelink, to Councilman !,lartin's inquiry concerning the justification
of an increased tax rate, commented on the publicity received concerning
the hearing and stated that the absence of taxpayers this evening
would indicate that "they are satisfied."
Councilman l{artin stated that this r,ras not an indication and observedthat on occasions of budget hearings, very few taxpayerE appeared
before Council .
Councilman Johnson commended the r'ire Chief and his department on the
service rendered the City and complimented the City Manager on hisfairness, stating that Council, as representative of the citizens,
must consider a1l when making decisions and that the future is too
uncertain to make an advance commitment.
Councilman Martin, first reading from a copy of a poticy established
by Council in JuIy of L966, stipulating that $rage s sball be reviewed
annually and a classification survey conducted every three yeara,
stated that Council has acted in good faith with city employees r that
he cannot justify the request for something to be placed into effect
eighteen months hence; that if the trend to reduce the hours of fire-
men is a reality at that time, a favorable action wiII be taken by
Council .
Councilman tilartin further pointed out that there is also another nation-
wide trend - to increase the compensation of police officers above
that received by firemen.
Ur. Harmelink rebutted the rejection of Council to act on a future
commitment, stating that instead, the to reduce hours should
be stimulated and that it commence by placing the fifty-six hoursinto effect in July of this year.
Mayor Pro Tempore Anstrup, referring to
reaction of the taxpayer, expressed the
the tax rate would be protested.
statements concerning the
opinio that an increase in
RECESS
fhe Chair announeed a recess at 9:45 p.m., at rrrtrich ti:ne Council rrould
To an inquiry from Councilman uangini concerning costs, it was indicated
that to place into effect the fifty-six hour work week would require the -emplolrment of three additionaL firemen at .rn approximate cost between
$35,O00.00 and $45,O0O.OO for salaries and retirement benefits per year.
zgg
meet briefly in an executive session.
The meeting was again caIled to order at 10:0O p.m., by the Chair.
HEARING - FIRE}IEN REQUEST (Continued)
Mr. Bunclr opened the continuation of the hearing by stating that he
would be wiUing to suhnit the issue at hand to mediation or to
arbitration.
The Chair referred to the City Attorney for comments.
Ihe City Attorney stated that Council should be i.nformed by the Firemen's
Union wtrether it considered the present hearing an "impasse meeting."
Ur. Bunch stated that an impasse had not been reached, neither party
had filed a vrritten request for an impasse meeting and the hearing,
suggested by the City Manager, was agreed upon under an assumption
that the type of impasse procedure wouLd be determined.
To a direct inquiry from the City Attorney hrhether he considered it
to be a hearing on the merits of the dispute, !1r. Bunch stated that
he was hopeful that a further conference with the city uanager may
resolve the matter.
fhe city Attorney, commenting on the rules and regulations, stated the
opinion that the subject matter should be again referred to the
employee representatives and the employee relation officer for further
exploration and failing to reach .rn agreement, an impasse procedure be
initiated by either party by filing a written request.
The City Manager stated that the issue should be determjned on its
rnerits; that it is not a case for nediation and should be resolved by
Council determination; resolutions granting increases in salaries
should be adopted and the subject of reduced working hour trends be
further investigated.
tlr. Bunch stated that it $ras not the intention of the Firefighters Union
to delay an action on the salary increases; the request does not involve
a monetary issue; the Union is requesting only that the rules be followed
insofar as impasse procedure is concerned and that a further meeting with
the City Manager may result in an agreement satisfactory to al1 concerned.
In ansr.rering an inquiry from Mayor Pro Tempore Amstrup concerning a
rf,ritten request for an impasse meeting on the disputed issue, the City
Attorney read from section 13 of the rules and regulations on i:npasse
meeting procedures, including purposes therefor and the required fees
and expenses that are payable by the City and the employee organization.
counci.lman lrartin questioned the city Manager r.rhether, in his opinion,
an impasse had been reached.
Ttle City I{anager advised of an exdrange of communication betr,reen his
Office and the President of the Firemen's Association, wherein it was
his understanding that the latter agreed that negotiations were at an
impasse and that a hearing before Council soul.d resolve the disputed
point .
Following further discussion, the city Attorney advised that the issue
should not be before Council on this occasion for decisi.on; the two
parties concerned should again meet for further exploration leading
to a memorandum of agreement; either party aff,ected may declare an
impasse and initiate a procedure by fiting a written request.
CATL I\f ORDER
EOO
Councilman uartin suggested that the city l.tanager, who has indicated
an impasse has occurred, file the required rrritten notice lrith the
Firemen's Association and thereafter meet with the representativea
in an effort to reach an agreement.
ADJOURNII'IENT
Ihe meeting was adjourned by Uayor Pro Tempore Amstrup at 1O:30 p.m.
M
CITY CLERX
APPROVED:
s.TEUPORE