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Published February 12th, 2014
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After Impasse, What's Next?
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| By Nick Marnell |
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The Moraga-Orinda Fire District board of directors announced Jan. 28 that it had declared an impasse in labor negotiations with its firefighters, represented by the United Professional Firefighters of Contra Costa County, Local 1230.
The union has worked under the terms of a contract that expired Dec. 31, 2010, and this is not the first time that the district has declared an impasse in labor negotiations. In June 2012, the district made a last, best and final offer that was rejected by the union. Though the board declared an impasse, no further action was taken by either side. "We mutually agreed to wait until Gov. Brown's pension legislation went through to see how that would change things," said MOFD union representative Mark DeWeese.
But negotiations went nowhere throughout 2013, and an impasse was declared in January after the district presented the union its last, best and final offer; the union proposed a counter (see sidebar). The union now has until Feb. 27 to formally request that the district go through a state mandated fact-finding process, according to Eddie Kreisberg, the district's labor negotiator.
The fact-finding process is a form of mediation. Each side appoints a member to a panel chaired by a neutral party approved by both the district and the union. The three-person panel conducts an investigation and within 30 days, recommends the terms of a settlement. Its findings are advisory only; "Whatever the fact-finding panel says will be non-binding," said DeWeese.
Not only is the process non-binding; it can be expensive. The hearings can last for several days, and may require the attendance of district staff, witnesses and legal counsel. Plus, both MOFD and the union split the costs of the neutral panel member.
Once the panel's findings are released, the district may impose its last, best and final offer after holding a public hearing on the impasse.
As one-sided as this process appears - the district may impose but the union cannot strike - MOFD does risk backlash if the findings of the panel are strongly negative toward the district. Political and public pressure could hinder the implementation of the district's last, best and final offer; however, the district would still have the right to do so.
The MOFD board of directors and fire chief Stephen Healy did not respond to questions posed for this article. "While the district hoped the parties would be able to reach agreement and avoid impasse, the district's financial challenges necessitated this action," the district said in a press release.
The union did not hide its frustration. DeWeese and Local 1230 president Vince Wells both noted that the rank and file have received no cost of living raises since 2008, and the firefighters have been saddled with 100 percent of their health care premium increases for the last three years. Wells said that he objected to the district's attempts to correct its financial mistakes on the backs of the firefighters; he pointed to "frivolous spending on ideas that were not well thought out," and an accounting error that reduced the district's general fund balance by $2 million. DeWeese added that the union has agreed to eliminate two of its top three highest paid positions, and also agreed to give up six engineer slots, all to help save money for the district.
"The Moraga-Orinda Fire District was the last place we felt we would end up in this situation," said Wells.
Notwithstanding the rhetoric and the positioning, both parties have promised to deliver at all times the high level of professional service that district residents have come to expect.
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MOFD Jan. 28 Last, Best and Final Offer to IAFF/Local 1230 - Highlights
Term: through June 30, 2016, OR, through June 30, 2015 if parties cannot agree on a multi-year deal.
Salary: 7.5 percent decrease effective July 1 through June 2016, OR, a 9.5 percent decrease for one year effective July 1.
Health benefits: up to $1,197 per month maximum, for the Kaiser Family Plan (no increase). Up to $458 per month for a single employee and $916 per month for two.
Retiree health benefits: vesting schedule for current employees. New employees (hired after implementation of the offer) to receive the Public Employees Medical and Hospital Care Act minimum, which in 2014 is $119 per month.
Staffing: the ability for the district to implement staffing changes under more flexible terms, and the creation of 12 "single-role" paramedic positions to replace departing or retiring firefighter-paramedics.
The Union's Counter-Offer
Term: two year extension of current agreement
Salary: no salary increase
Health benefits: no increase to the district's medical contribution
No other changes to the current contract terms
(Pension rates are not a negotiable item. The nine firefighters hired after Jan. 1, 2013 fall under the retirement plan of the Public Employees' Pension Reform Act.)
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Lamorinda Weekly, Moraga CA