Santa Clara County Grand Jury
• 2008-2009
2008-2009 Santa Clara County Civil Grand Jury Report City of San Jose Hosed by Iaff Local 230 Executives Issue Should
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 18 findings
F1a
Union executives are charged with a dual role as both firefighters and union leaders. Given the number of hours they spend on UTO, the President and Executive Vice President of Local 230 only nominally serve their firefighter role.
No recommendations for this finding
F1b
In addition to the City-paid UTO, Local 230 Executive Board members receive additional pay from Local 230. A Local 230 Board member can receive up to $39,295 for service on the Local 230 Board.
No recommendations for this finding
F2
Under the MOA, UTO may be used for any purpose the Local 230 sees fit. The result is that the City is supporting Local 230 political activities and bargaining tactics by paying: • Local 230 executives to be trained in tactics to win at the bargaining table. • Local 230 representatives to attend events where they foster political support for Local 230 positions. • At least in part, for the Local 230’s Executive Vice President to run the Local 230’s political action committee.
Related Recommendations (1)
R2
The City should negotiate a revision to the MOA to shift the cost burden of the union activities noted in Finding 2 from taxpayers to Local 230. 13
F3a
The appropriate use of UTO is not adequately defined in the Memorandum of Agreement. The last attempt by the City to correct the situation was thwarted in arbitration in 2008.
No recommendations for this finding
F3b
The top three Local 230 executives have taken more than 10,000 hours of UTO over five years (an average of 39.6 hours per week) during their on-duty work time with no accounting for their whereabouts.
No recommendations for this finding
F4a
There is no oversight of UTO, which leaves it open to abuse. A Local 230 representative does not have to explain the reason for the absence beyond claiming it was UTO. Even the supervisor would not know their location on UTO during work hours or the specific purpose of their leave under the current UTO policy. 14
No recommendations for this finding
F4b
During UTO the City is liable for any injuries or property damage caused by the Local 230 representative or any injuries suffered by the Local 230 representative, yet the City has no control over what the Local 230 representative is doing or their location.
No recommendations for this finding
F5a
As long as no more than three Local 230 representatives are out on UTO at any one time, under the current MOA, a Local 230 representative may take UTO during work hours up to 12 hours during a shift.
No recommendations for this finding
F5b
When a firefighter is on UTO or training, the assigned station runs one person short. Often the firefighter on UTO is a higher ranking officer and is therefore not present to direct the fire fighting team during an emergency call. A less experienced firefighter would be required to step up.
No recommendations for this finding
F5c
If a firefighter is absent due to UTO or training, his position is not back filled. Article 33, Section 33.2.6 of the MOA allows for minimum staffing per company to drop by one fire fighter for these purposes. If the minimum staffing level per company is truly minimal, the public safety could be jeopardized. Alternatively, if this level of risk is low, it would appear that the minimum staffing level per company could be reduced or backfill could be required. 15
No recommendations for this finding
F6
San Jose firefighters may accumulate sick leave and cash out at their highest salary rate upon retirement. Recently, a retired Deputy Fire Chief received a check in the sum of $251,870.11 for his accumulated sick leave.
Related Recommendations (1)
R6
The City should negotiate with the Local 230 to revise the MOA to add a reasonable cap on sick leave accrual. Firefighters should not be encouraged to come to work ill by the incentive of a large payout upon retirement.
F7a
The desire of Local 230 Executives to be in control of operational decisions causes delay while disputes are being resolved through the grievance process.
No recommendations for this finding
F7b
The number of open grievances, lawsuits and arbitrations filed by Local 230 far exceeds the number filed by all other unions in the City combined.
No recommendations for this finding
F8a
Local 230 has refused to participate in an international labor relations workshop sponsored by Labor Management Initiative (LMI). 16
No recommendations for this finding
F8b
Local 230 executives have refused to participate in the quarterly labor relations meetings and have refused to allow the labor relations officer to facilitate and resolve concerns to mutual satisfaction as required by the MOA.
No recommendations for this finding
F8c
There appears to be a pervasive lack of trust between Local 230 executives and City management.
No recommendations for this finding
F9a
Local 230 has refused to discuss ground rules for negotiation as requested by the City of San Jose.
No recommendations for this finding
F9b
Negotiation for the current MOA, covering 2004-2009, started in January 2003 and was not completed until December 2008. This resulted in the City and Local 230 operating without a signed agreement for approximately five years.
No recommendations for this finding
Conclusions 19
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CL1 Page 13Under the MOA, UTO may be used for any purpose the Local 230 sees fit. The result is that the City is supporting Local 230 political activities and bargaining tactics by paying: • Local 230 executives to be trained in tactics to win at the bargaining table. • Local 230 representatives to attend events where they foster political support for Local 230 positions. • At least in part, for the Local 230’s Executive Vice President to run the Local 230’s political action committee.
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CL2 Page 16San Jose firefighters may accumulate sick leave and cash out at their highest salary rate upon retirement. Recently, a retired Deputy Fire Chief received a check in the sum of $251,870.11 for his accumulated sick leave.
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CL3 Page 13Local 230 executives to be trained in tactics to win at the bargaining table.
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CL4 Page 13Local 230 representatives to attend events where they foster political support for Local 230 positions.
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CL5 Page 13At least in part, for the Local 230’s Executive Vice President to run the Local 230’s political action committee.
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CL6 Page 8To attend Civil Service Commission meetings when matters affecting the Union are considered.
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CL7 Page 8To attend City Council meetings when matters affecting the Union are considered.
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CL8 Page 8To attend Federated Retirement Board meetings.
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CL9 Page 8To attend grievance meetings when used to facilitate settling of grievances.
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CL10 Page 8To attend Benefit Review Forum meetings (up to two designated representatives).
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CL11 Page 8To attend City Labor Alliance meetings held with the City Manager or Employee Relations Director (up to two designated representatives).
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CL12 Page 8To attend meetings scheduled by Administration when attendance is requested.
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CL13 Page 8To attend other meetings and trainings approved by the Employee Relations Director, or designee. Finding 4a There is no oversight of UTO, which leaves it open to abuse. A Local 230 representative does not have to explain the reason for the absence beyond claiming it was UTO. Even the supervisor would not know their location on UTO during work hours or the specific purpose of their leave under the current UTO policy. 14 Finding 4b During UTO the City is liable for any injuries or property damage caused by the Local 230 representative or any injuries suffered by the Local 230 representative, yet the City has no control over what the Local 230 representative is doing or their location.
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CL14 Page 15A description of what constitutes union business payable by the City
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CL15 Page 15A requirement that UTO be approved by the immediate supervisor in advance, with information as to what the union activity is, the length of the absence, and the fire fighter’s location
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CL16 Page 15Reporting and data tracking of UTO activity, including information regarding notification, purpose, and time taken
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CL17 Page 15A limit on the total number of days per year allowed for UTO
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CL18 Page 15A limit on the total number of UTO absentees allowed per Battalion
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CL19 Page 15An emergency callback requirement Finding 5a As long as no more than three Local 230 representatives are out on UTO at any one time, under the current MOA, a Local 230 representative may take UTO during work hours up to 12 hours during a shift. Finding 5b When a firefighter is on UTO or training, the assigned station runs one person short. Often the firefighter on UTO is a higher ranking officer and is therefore not present to direct the fire fighting team during an emergency call. A less experienced firefighter would be required to step up. Finding 5c If a firefighter is absent due to UTO or training, his position is not back filled. Article 33, Section 33.2.6 of the MOA allows for minimum staffing per company to drop by one fire fighter for these purposes. If the minimum staffing level per company is truly minimal, the public safety could be jeopardized. Alternatively, if this level of risk is low, it would appear that the minimum staffing level per company could be reduced or backfill could be required. 15
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
San Jose
City