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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