Another TKO for Measure B?

A new ruling is out requiring the City of San Jose to rescind Measure B.   An administrative law judge for the California Public Employment Relations Board, ruled  that the City violated the law when it failed to meet and confer in good faith with at least one city union (IFPTE Local 21) over placing Measure B on the June 2012 ballot.  The ruling details the numerous attempts Local 21 made to reach an agreement with the city over lawful pension cost savings.

The IAFF Local 230 (San Jose Firefighters) filed a similar complaint with almost identical facts behind the case.  A ruling on that complaint is expected soon.

PERB administrative law judges are considered experts in the field of labor relations and their decisions enjoy deferential treatment by judges.  So, when the San Jose Police officers association’s lawsuit, filed through the State Attorney General, gets to the Santa Clara County Superior Court…bam! another knockout expected for Measure B. (Peace officers do not fall under PERB jurisdiction.)

However, before Local 21’s “proposed ruling” becomes final, a few things must happen: a 20-day period for both sides to identify elements of the ruling they don’t like; because Mayor-elect Liccardo has said he will continue the court fight on Measure B started during his council tenure, there will almost certainly be an appeal.

But when that’s all over, Measure B will once again be invalidated and the city will have to get back to the bargaining table, treat its employees like the adults they are and figure out legal pension reform.

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