yot STATE OF CALIFORNIA. PUBLIC EMPLOYMENT RELATIONS BOARD UNFAIR PRACTICE CHARGE DONOT WnITEINTUISAPACE onenw SACE [AVY psi INSTRUCTIONS: File the original and one copy ofthis charge form inthe appropriate PERB regional office (see PERE, Regulation 32075), with proof of service attached to each copy. Proper filing includes concurrent service and proof of service of the charge as required by PERB Regulation 32615(6). All forms are avaiable from the regional offices or PERRB's website at wwn.perb.ca.gov. If more space is needed for any item on this form, attach additional sheets and number items. ANAMENDED CHARGE? —_vES[ | Iso, Case No. no [v] 1. CHARGING PARTY: 2 ist [_exrtover oncanzamion [7] ennvove Sienee ines agaas aloe b, Mai address: 0/0 Rains Lucia stern St Phalle & Silver, PC, One Capitol Mall, Suite 345, Sacramento, California 95814 «Telephone: imber: 91 6.798,5802 4d, Name and ttle of Timothy Talbot, Attorney erson Hiling change: lephone num Fax Nos 925.609.1690 Telephone mumbers 916.646.2860 Fire 2. CHARGE FILED AGAINST: (mark one only) EMPLOYEE ORGANIZATION empLover [¥] 2 Fall name City of Turek b. Mailing address: 1568. Broadway, Suite 235, Turlock, California 95380 «Telephone number: 299, 668,5540 4, Name and title of Sarah Eddy, Human Resources Manager agent fo con “Teteph E-mail Address: SEddy@Turlock,CA.US fax Nos x= 200,668,554 a Fal 3. NAME OF EMPLOYER (Complete this section only if the charge is file against an employee orga y3LUway Hd 2 ony qi0z only ithe employer is the State of California, See Gi Coit, § 18524) S }O|S (Complete this set 391. 9¢ >, Maing address: Agents ‘An affected member ofthe public may only fle a charge relating to an alleged public notice violation, pursuant to Government Code section 3523, 3547, 3547.5, or 3595, or Public Utilities Code section 99569, PERB-61 (72272014) SEE REVERSE SIDE| 6, STATEMENT OF CHARGE ‘declare under penalty of perjury that Thave read the above charge and that the statements herein are true and complete to the best of my knowledge and belief and that this declaration was executed on July 25-2019 - ( ‘Are the partes covered by an agreement containing a grievance nrocedure which ends in binding arbitration? reg ele a, ‘The charging party hereby alleges that the above-named respondent is under the jurisdiction of: (cheek one) i LJ educational Employment Relations Act (EERA) (Gov. Code, § 3540 et seq.) 1 Ralph C. Dills Act (Gov, Code, § 3512 et sea.) Liigher Education Fmployer-Employce Relations Act (LIEERA) (Gov. Code, § 3560 et sea.) { v feyers-Milias-Brown Act (MMBA) (Gov. Code, § 3500 et sea.) I [hos Angeles County Metropolitan Transportation Authority ‘Transit Employer-Employee Relations Act (TEERA) | t_epab. utiities Code, § 99560 et seq.) ma hd [rial Court Employment Protection and Governance Act (Trial Court Act) (Article 3; Gov. Code, § 71630 ~ i 171639.5) = L_Jrvit Court interpreter Employment and Labor Relations Act (Court interpreter Act) (ov. Code, § 71800 et se) . The snecific Government or Public Utilities Code section(s), or PERB regulation section(s) alleged to have been violated is/are: | Government Code Sections 3504.5 and 3505 i © For MMBA, Trial Court Act and Court Interpreter Act cases, if applicable, the specific local rule(s) alleged to have been violated | is/are (a copy of the applicable local rule(s) MUST be attached to the charge): 1 4. Provide a clear and concise statement of the conduct allezed to constitute an unfair practice including, where known, the time and { place of each instance of respondent's conduct, and the namie and capacity of each person involved. ‘This must be a statement of {the facts that support your claim and nof conclusions of faw. A statement of the remedy sought must also be provided. (Use and ‘attach additional sheets of paper if necessary.) See attached State of Charge DI ECLARATION a, ba a Sacra G (City and State) Pani >e= eaaee Ce or Na ‘Si [tte tans o Tok she, Local #2383 ; clo Rains Lucia Stern St. Phalle & Silver. PC. ating ates : ? ‘Telephone Number: 916.798.5892 One Capitol Mall, Suite 345, Sacramento, CA 95814 Mall Address: F08Cuearai @ gmail.comSTATEMENT OF CHARGE ‘The Turlock Firefighters, Local #2343 (“Union”) is the exclusive representative for the bargaining unit comprised of Firefighters, Fire Engineers, Fire Captains, and Battalion Chiefs employed by the City of Turlock (“City”), ‘The Union and the City were patties to a Memorandum of Understanding (“MOU”), which expired on June 30, 2019 On May 21, 2019, the Union and the City held their first bargaining session for a successor MOU. The City presented the Union with a written proposal for a one-year agreement that included substantial reductions to existing health insurance benefits for bargaining unit employees. The City stated that it was unlikely to have additional proposals, but “reserve[d] the right to make proposals on additional topics during the labor negotiation process.” On May 23, 2019, the City advised the Union in writing that it was defunding two vacant firefighter positions effective July 1, 2019. The City’s claimed rationale for this action was “serious financial challenges” and a “projected FY 2019-2020 Budget deficit.” The City did not declare a fiscal emergency. (Attachment “A”,) On June 5, 2019, the Union and the City held their second bargaining session for a successor MOU. During that session, the Union presented multiple proposals to clarify and/or update existing contract language. The City did not present any additional bargaining proposals or suggest that defunding the two vacation firefighter positions would result in any changes to existing terms and conditions of employment for bargaining unit employees. The parties discussed the fact that existing bargaining unit employees might work more overtime on occasion to maintain existing staffing levels on fire apparatus in light of the City’s decision not to hire two new firefighters, On or about mid-June 2019, the City Council approved a recommendation from City administration to cease back filling some day-to-day vacancies with overtime commeneing July 1, 2019. The City did not provide the Union with written notice of this intended action On June 19, 2019, the Union's legal counsel sent a letter to the City’s Human Resources Manager Sarah Eddy requesting to meet and confer over potential staffing and operational changes being discussed by Fire Department management in light of the City’s directive that day-to-day staffing vacancies not be back filled. (Attachment “B”,) Some of the options being considered included closing a fire station, creating a two-person EMS response unit, and reduced staffing on fire apparatus. With respect to these potential changes, the Union requested to meet and confer “over all identifiable impacts to matters within the scope of representation prior to implementation of any changes that affect existing terms and conditions of employment.” ‘The Fire Department scheduled a Battalion Chief's meeting for June 24, 2019 to discuss options for implementing staffing and operational changes. Union representatives were invited to attend the meeting. Prior to the meeting, the City’s chief negotiator confirmed that Fire Department representatives would have full authority to meet and confer with the Union over all negotiable impacts. (Attachment “C”.) | | | |During the Battalion Chiefs’ meeting the parties discussed potential staffing and operational changes that would comply with the City Couneil’s directive not to back fill day-to-day vacancies, Ultimately the parties could not agree on a course of action and the Fite Department id not identify which option or options would be implemented. Consequently, the parties never ‘met and conferred over identifiable adverse impacts on Union members” existing terms and conditions of employment resulting from a particular management decision. However, the Union was advised that further meetings would occur once the Fire Department decided on a course of action and the Union would be afforded its right to meet and confer over the impacts of the decision prior to implementation, When the Union and the City met on June 26, 2019 for their third bargaining session for a suecessor MOU, the Union advised the City’s chief negotiator that nothing was decided during the Battalion Chiefs" meeting on June 24, 2019, and that the Union expected to participate in additional meetings. At that time, the City’s negotiator verbally clarified that the Fire Department representatives meeting with the Union might not possess full authority to negotiate all subjects and matters within the scope of representation, Union representatives learned that a dispute existed between the Fire Chief and the City Manager over how to implement the City Council’s directive not to back fill day-to-day vacancies, The Fire Chief believed closing a fire station and reassigning staff to other fire apparatus was the safest and most appropriate decision. ‘The City Manager claimed that all fire stations should remain open and operate with reduced staffing levels on fire apparatus, On June 28, 2019, the City Council adopted the City Manager's recommendation to terminate the Fire Chief based on incompatible management styles.” Union representatives were advised that the City would operate with reduced minimum staffing levels rather than close a fire station, and would not fill day-to-day vacancies commencing July 1, 2019. Upon learning of this decision and proposed changes in working conditions for bargaining unit employees, the Union sent another letter to the City again requesting to meet and confer and urging the City to refrain from making any changes to existing terms and conditions of employment in the meantime, (Attachment “D”.) The City did not respond to the Union’s letter and instead began operating with reduced minimum staffing levels, although the effective date of the change was pushed back to July 5,2019, As pat of the change in working conditions, the City decided not to staffa fire engine on days when existing staffing levels could not be maintained and instead began staffing a small two-person EMS response unit with employees of different ranks. Both actions were unilaterally imposed without meeting and conferring with the Union, Changes in staffing levels and their impacts on firefighter work load and safety are within the scope of representation and mandatory subjects of bargaining. (Wire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608.) Changes to the way bargaining unit employees are assigned to fire stations and fire apparatus are also within the scope of representation. (See Anaheim City School District (1983) PERB Dee, No. 364.) {Unilateral changes to matters within the scope of representation ate per se violations of the duty to meet and confer in good faith under the Meyers-Milias-Brown Act (‘MMBA"). (Vernon Fire Fighters v. City of Vernon (180) 107 Cal. App.3d 802, 823.) In this case, the City to action to changes the status quo with respect to matters within the scope of bargaining without giving the Union proper advance notice and an opportunity to bargain, (City of San Juan Capistrano (2012) PERB Dec, No, 2238-M.) The City flatly refused to bargain with the Union over the impacts of its decision on matters within the scope of representation, including employee workload, employee safety, employee duties, the elimination of defined and certain overtime opportunities, and the procedures for assigning employees to apparatus. The City’s changes have a generalized effect and continuing impact on terms and conditions of employment, (County of Santa Clara (2013) PERB Dee. No. 2321-M.) By not giving proper notice of these proposed changes and failing to engage in the meet and confer process with the Union regarding the adverse impacts on mandatory subjects of bargaining resulting from the above-referenced changes to working conditions, the City has violated Government Code sections 3504.5 and 3505. Requested Remedy ‘The Union requests that PERB order the City to: (1) immediately return to the status quo ante by returning to the previously established minimum staffing levels and back-filling day-to-day staffing vacancies with overtime; (2) refrain from unilaterally altering existing terms and condition of employment that are within the scope of representation; (3) comply with all meet and confer requirements of the MMBA; (4) award back pay to all bargaining unit employees who were deprived of the ability to back fill day-to day vacancies; (5) post appropriate notice in the workplace advising employees of the City’s violations of the MMBA and the actions it will take to comply with the law; and (6) for such other relief that is just and proper.ATTACHMENT “A”RMNayets Roserr C. LAWTON Orricr oF THE Cry MANAGER Crry MANAGER BLAWTONG@/TURLOCE.CA.US 1565. BRoaDWay, Surmm 250 | ‘TURLOCK, CALIFORNIA 95380 | PHONE 209-668-5540 | vax 209-668-5668 | TDD 1-800-735.2929 MEMORANDUM, TO: Fire Local 2434, Paul Arai, President Tim Talbott, RLS Lawyers FROM: Robert C. Lawton, City Manager DATE: May 23, 2019 RE: City Budget/Defunding Notice As you know, the City is facing serious fiscal challenges. The City is currently working on the Fiscal ‘Year 2019-2020 Budget. ‘The City has a projected FY 2019-20 Budget deficit of approximately $4.4 million. ‘The City is considering several different measures and has determined that one measure which will be taken is to defund effective July 1, 2019 vacant positions which are funded in whole or in part by the general fund, ‘Two of those positions are in the Fire Department. At this point, the City has determined it will defund two vacant Firefighter positions. Please contact me as soon as possible if you wish to meet regat the positions listed above on the bargaining unit employees. ing the impacts of the decision to defund In the interest of transparency for our employees, I have notified all employees of the City’s proposed plans and preliminary decisions and have invited all employees to attend a voluntary All Hands meeting, Friday, May 24, 2019 at 12 noon at City Hall, Yosemite Room. Please feel free to contact me with questions.ATTACHMENT “B”RL RAINS LUCIA STERN ST. PHALLE & SILVER, PC Timothy K, Talbot, Aorney at Law TTalbot@RRLSlawyes.com June 19, 2019 Via Email [SEddy@turlock. ] and Regular Mail Sarah Eddy Human Resources Director City of Turlock 156 Broadway, Ste, 235 ‘Turlock, CA 95380-5454 Re: Turlock Firefighters Local 2434-Request to Meet and Confer Dear Ms. Eddy: Fire Chief Robert Talloni recently described his intent to close a fire station and reassign displaced fire personnel to other fire stations for up to 50 percent of the time in response to the City Council’s budget cuts. The Union was also informed that the Fire Department is considering the creation of a new two-person EMS response unit staffed with displaced Union members who would be forced to work a roaming street unit that does not return to a fite station following the completion of calls for service. More recently, the Union was advised that the City may not close any fire stations and instead would reduce minimum staffing levels to two or possibly one firefighter, engineer or fire captain on each fire engine, Needless to say, any of these decisions and actions, if implemented, will have significant and adverse impacts on existing terms and conditions of employment for Union members, | including but not limited to, increased safety risks, increased workload, changes to work | assignments, procedural and operational changes, impacts on seniority, and other concerns. ‘Therefore, in accordance with the Meyers-Milias-Brown Act (MMBA), the Union requests to | meet and confer with the City over all identifiable impacts to matters within the scope of representation prior to the implementation of any changes that affect existing terms and | conditions of employment. The Union is scheduled to meet with Fire Department representatives on June 24, 2019 to begin discussing the impact of staffing reductions on operations and Union members. Before the Union engages in such discussions, however, please confirm that the Fire Chief and/or other Fire Department representatives who will be meeting with the Union are authorized to meet and confer with the Union on behalf of the City and to bind the City to any agreements or resolutions reached by the parties with respect to all identifiable impacts on matters within the scope of representation arising from the City’s budget reduction and staffing changes. If the Fire ‘One Capitol Mall | Suite 345 | Sacramento, CA 95814 | 916.646.2860 | F 925.609.1690 FRESNO | ONTARIO | PLEASANT HILL | SACRAMENTO | SAN FRANCISCO | SANTA MONICA | SANTA ROSA ‘www.RISlawyers.comSarah Eddy Re: Turlock June 19, 2019 Page 2 irefighters Local 2434-Request to Meet and Confer Department representatives in attendance at the meeting on June 24, and at any subsequent ‘meetings, do not have such authority, the Union will not regard those meetings as satisfying the City’s obligation to meet and confer with the Union in response to this request and prior to implementation of any changes. The Union is not waiving any rights under the MMBA or other applicable laws, regulations or rules with respect to this matter. Your prompt response to this matter is appreciated. If you have any questions about the content of this letter, please do not hesitate to contact me, Sincerely, RAINS LUCIA STERN Sr. PHALLE & SILVER, PC —o ——, OF a a Timothy K. Talbot ec: Kevin R. Dale (via email only [KDale@aalrr.com]) Bob Lawton (via email only [BLawton@turlock.ca.us}) Paul Arai (Via email only [rescuearai@gmail.com))ATTACHMENT “C”Timothy Talbot From: Kevin R. Dale Sent: Thursday, June 20, 2019 2:47 PM Te Timothy Talbot; Tracy Watson GCarison@turlock.ca.us; SEddy@turlock ca.us; BLawton@turlock.ca.us; Debra H. Vierra (Debra@churchwellwhite.com); rescuearai@gmail.com Subject: RE; Turlock Firefighters Local 2434-Request to Meet and Confer [AALRR- Cerritos.006149,00002] Attachments: 2019-06-19 Turlock Firefighters Ltr to S Eddy from T Talbot pdf HiTim, The City of Turlock received your attached correspondence dated June 19, and asked me to respond to you. This is to confirm that Fire Department representatives with authority to meet and confer over negotiable impacts will be present at the June 24, 2019 battalion chiefs’ meeting that is on calendar. We are still viewing the underlying issues, the applicable management rights clause, etc., and are not waiving any of the City's rights under the MMBA regarding this matter. On a related note, | wanted to mention that | will not be attending the battalion chief's meeting, Are you planning to be there? Kevin Kevin R. Dale | Partner Atkinson, Andelson, Loya, Ruud & Romo 40 Rivar Park Eas, Suto 240, Fresno, Calforia 93720 Main (659) 225-6700» Fax (550) 225-3416 ‘edale@anir com | vard | website | subscribe From: Tracy Watson [mailto:twatson@rislawyers.com] Sent: Wednesday, June 19, 2019 4:28 PM To: SEddy@turiock.ca.us Ce: Kevin R. Dale; BLawton@turlock.ca.us; rescuearai@gmail.com; Timothy Talbot Subject: Turlock Firefighters Local 2434-Request to Meet and Confer Dear Ms, Eddy: On behalf of Tim Talbot, please see the attached letter re Turlock Firefighters Local 2434-Request to Meet and Confer. A hard copy will be sent by regular mail Sincerely, ‘Tracy Watson Legal Assistant RAINS LUCIA STERN Sr, PHALLE & SiLveR, PC 2300 Contra Costa Blvd, Suite 500 Pleasant Hill, CA 94523 925.609.1699 Phone 925.609.1690 Fax seww RLSlawyers.com NOTICE: This email and all attachments are CONFIDENTIAL and intended SOLELY for the recipients as identified in the ‘Co" and "Bcc" lines of this email. If you are not an intended recipient, your receipt of this email and its attachments is the result of an inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts all 1 | | |ATTACHMENT “D”RL RAINS LUCIA STERN ST. PHALLE & SILVER, PC ‘Vance D. Piggott Attomey at Law ‘VPiggott@RLSlawyers.com June 28, 2019 Via Email [SEddy@turlock.ca.us] and Regular Mail Sarah Eddy Human Resources Director City of Turlock 156 Broadway, Ste. 235 Turlock, CA 95380-5454 Re: Turlock Firefighters Local 2434-Request to Meet and Confer Dear Ms. Eddy: As you know, this office represents Turlock Firefighters Local 2434 (“Union”), On June 19, 2019, Tim Talbot, on behalf of the Union, requested to meet and confer over all matters within the scope of representation regarding staffing changes and the impacts of any proposed changes. ‘The Union and the City ate in the process of meeting and conferring on these very issues. The Union has leaned that the City will reduce the minimum staffing for each fire engine {o two employees starting on July 1, 2019. As you are aware, the parties have not reached agreement on these matters and have not completed the mect and confer process. As such, the City’s changes to the minimum staffing constitutes a unilateral change to the existing terms and conditions of employment of Union members. This unilateral change is a textbook per se unfair labor practice, Although Government Code section 3504.5 permits the City to delay the meet and confer process in certain emergency situations, case law makes clear that foreseeable financial issues, such as the City’s claimed budgetary concerns, do not constitute such an emergency. (See, Clara County Correctional Peace Officers’ Assn., Inc, v. County of Santa Clara (2014) 224 Cal.App.4" 1016.) ‘Therefore, the City is legally obligated to maintain the existing staffing levels and continue in the meet and confer process. We request that the City refrain from making any changes to the current conditions of employment, particularly the staffing levels, until the parties have completed the meet and confer process. ‘One Capitol Mall | Suite 345 | Sacramento, CA 95814 | 1 916,616.2860 | 925.609.1690 FRESNO | ONTARIO | PLEASANTFILL | SACRAMENTO | SAN FRANCISCO | SANTA MONICA | SANTA ROSA ‘www-RLSlawyers.comSarah Eddy Re: Turlock Firefighters Local 2434-Request to Mect and Confer June 28, 2019 Page 2 Your prompt response to this matter is appreciated. Ifyou have any questions about the content of this letter, please do not hesitate to contact me, Sincerely, RAINS LUCIA STERN St. PHALLE & SILVER, PC Vance D. Piggott co: Kevin R, Dale (via email only [KDale@aalrr.com]) Bob Lawton (via email only [BLawton@turlock.ca.us]) Paul Arai (Via email only {rescuearai@gmail.com]) Timothy K. Talbot (Via email only [TTalbot@RLSlawyers.com]PROOF OF SERVICE Iddeclare that I am a resident of or employed in the County of Sacramento State of Californ . Tam over the age of 18 years. The name and address of my Residence or business is Rains Lucia Stem St, Phalle & Silver, PC One Capitol Mall, Suite 345, Sacramento, California 95814 on August 2, 2019 , Tserved the Unfair Practice Charge (Date) (Description of document(s) in Case No. (Description of document(s) continued) (PERB Case No.) on the parties listed below by (check the applicable method(s)): 7 | placing a true copy thereof enclosed in a sealed envelope for collection and delivery by the United States Postal Service or private delivery service following ordinary business practices with postage or other costs prepai personal delivery; facsimile transmission in accordance with the requirements of PERB Regulations 32090 and 32135(4). electronic service (e-mail) - I served a copy of the above-listed document(s) by transmitting via electronic mail (e-mail) to the electronic service address(es) listed below, ‘on the date indicated. (May be used only if the party being served has filed and 2S | notice consenting to electronic service or has electronically filed a document with theBoarg, S¥ee- | PERB Regulation 32140(b).) ee (Uae here the name, adores, e-mail adress and/or ox number ofthe Respondent and/or anyother pas spd) Robert C. Lawton One Capitol Mall, Suite 345, Sacréine®®, | Turlock City Manager California 95814 oS 2 156 S, Broadway, Ste. 230 as Turlock, CA 95380 ae Sea I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on August 2, 2019 at Sacramento cA Ce (a (State) Vance Piggott, Esq. __(Dypecr print name) ws/2017) Proof of Service