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Union is very unhappy with layoff decision: Grievance will be filed against city for unfair labor practices
[January 09, 2009]

Union is very unhappy with layoff decision: Grievance will be filed against city for unfair labor practices


(Los Banos Enterprise Via Acquire Media NewsEdge) Jan. 9--Starting Wednesday night and continuing into Thursday, the issue of layoffs in city government became overwhelmingly about the Los Banos Police Department.

City officials indicate the department's union has been unwilling to compromise to save jobs. The union says the city has not bargained in good faith and rushed to pass the plan for layoffs instead of allowing appropriate time for alternatives to be reached.



At Wednesday night's City Council meeting, Mayor Tommy Jones scolded the police department's union.

"I can't come here and tell you a fairy tale... when we have no money," Jones said. "When a union says when times are bad, that we're not going to take a cut, that's a bad union."


Councilwoman Elizabeth Stone said she believes the city could avoid layoffs entirely if everyone took a pay cut.

"Unfortunately we can't do that because of the police and fire unions," Stone said. "They could save themselves and save their positions. Nothing has been performed to this date. I think that's something that needs to be understood."

Doug Gorman, a Public Employee Business representative, said he plans to file an unfair labor practices charge against the city with the California Public Employees Relations Board.

"They haven't bargained in good faith and they're taking a unilateral action," he said.

Wednesday the council voted 3-2 to eliminate seven police officer jobs, three community services officer jobs and two police dispatcher positions.

City Manager Steve Rath said he notified the union of the plan in mid-December.

"They act like we haven't met with them," Rath said.

He also took offense at accusations that the financial condition of the city was being hidden for the past year.

"I knew back in 2007 it was slowing down, but nobody knew the altitude," Rath said.

Gorman said the union met once with the city before action was taken to move to layoffs. That meeting was on New Year's Eve, and it resulted in questions the city either could not or refused to answer, Gorman said.

He claims the city is not revealing why they could not take $29.8 million in net assets and use it to prevent police department layoffs.

Chief Financial Officer Melinda Wall said the assets are infrastructure -- buildings, roads etc. -- and not actual money.

Councilman Joe Sousa put it another way.

"Yeah we got those assets when we start selling streets. Let's sell City Hall," Sousa said. "That's where the assets are at. You're going to sell G Street yard, every truck we got? We still have to function as a city."

Gorman said the city is wrong about the money being assets and not cash. As proof Gorman provided the city's Basic Financial Report dated June 30, 2007. It states, "29.8 million is available for spending at government discretion."

"They had this amount in 2006-2007, where'd it go?" Gorman said.

Another issue involves the city stating that property tax has steeply declined in part because of an estimated 2,500 foreclosures and an additional 1,000 anticipated to occur within weeks. Gorman said he does not believe the city's numbers and is yet to see proof that would back officials' claims. Gorman said he visited a Web site, www.foreclosure.net, where only 1,400 foreclosed homes had been listed for Los Banos.

Gorman also said at the Dec. 31 meeting the union asked Rath to delay going to council with the layoff proposal. Gorman said Rath refused. He said Rath instead deciding to meet and confer with the union Thursday, after the council voted on the proposal.

"He said 'We're burning $200,000 a month.' We said let's put it off. He said,'No we're going to council.'"

By presstime there was no word on Thursday's negotiations.

Enterprise staff writer Corey Pride can be reached at 388-6563 or [email protected]

To see more of the Los Banos Enterprise or to subscribe to the newspaper, go to http://www.losbanosenterprise.com.

Copyright (c) 2009, Los Banos Enterprise, Calif.
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