City violated SCEA’s labor agreement during 2010 layoffs, arbitrator finds

A neutral arbitrator has found that the City of Stockton violated the Memorandum of Understanding (MOU) for the Stockton City Employees Association (SCEA) when it laid off regular status employees while continuing to employ part-time hourly workers in the library and the fire dispatch center in June 2010.

In her 27-page decision and award, attorney and private labor arbitrator Catherine Harris granted a grievance by SCEA in its entirety and found the City should not have laid off a Fire Telecommunicator, Library Aides, and Circulation Assistants while keeping “substitute” hourly workers without benefits and retired annuitants in the same or comparable jobs. SCEA initiated the grievance on behalf of six of its members in the Community Services Department and the Fire Department immediately after they received layoff notices in June 2010. Many of those employees were offered employment in essentially their same jobs with the City, but on a part-time basis and without any medical or other benefits.

A two-day hearing was held in January 2011, at which the City was represented by Deputy City Attorney Marci Arredondo and SCEA was represented by attorneys Joe Rose and Tamiya Davis of Rose Law. After the hearing, the City and SCEA submitted legal briefs to the arbitrator. The decision in favor of SCEA and against the City was received in late July 2011.

In her award, the arbitrator orders the City to immediately offer the aggrieved employees reinstatement to their former regular status positions before the June 2010 layoff and make them whole for any loss of wages, benefits and seniority. The back wages and benefits award is significant and could amount to as much as $80,000 for just one of the several SCEA members who were laid off in June 2010

The arbitrator’s decision is final and binding on the City and SCEA. SCEA is currently working to see that the City complies with the arbitrator’s order and that its members affected are made whole. The arbitrator retains jurisdiction over the case if there are continuing disagreements over implementation of the decision.

This is a significant victory for SCEA and its members because in the future, the City will be prevented by the MOU from laying off regular status employees while continuing to employ hourly, un-benefited workers in the same or comparable jobs.

A copy of the arbitrator’s entire decision and award is available to SCEA members by email in PDF format from your SCEA Director in your region.