California Fire Fighters Work to Keep Binding Arbitration

July 10, 2008 – The San Luis Obispo, California City Council is beginning talks about a campaign to remove fire and police binding arbitration from the City Charter. The move came shortly after police were awarded back pay retroactive to 2005 when the previous contract expired. But both San Luis Obispo Local 3523 and the police union are prepared to stop that campaign before it begins.

“When binding arbitration became part of the City Charter in 2000, contract negations finally became a fair process,” says Erik Baskin, president of Local 3523. “The Charter provision does not allow for one side or the other to have the upper hand. We plan to work hard to make sure negotiations remain fair, and keeping this charter provision is the way to do it.”

Before 2000, both fire and police unions report that negotiations were tough, if not impossible. Often, the City would counter the unions’ proposals with “low-ball take it or leave it” offers. Additionally, contract talks had no set ending points, so neither side was forced to reach an agreement. As a result, the process would drag on.

When Local 3523 collected signatures to put binding arbitration on the 2000 ballot, the City put forth an opposing measure. On election day, voters went to the polls, voting 60 percent in favor of binding arbitration. The City’s initiative was voted down by a 2-to-1 margin.

“We felt positive results immediately,” says Baskin. “That same year, we were able to negotiate our contract on time for the first time in 20 years.”

Local 3523 has also become very politically active. To date, it has a 17-0 record in electing fire fighter-friendly candidates. Now with the new award for police, some of those same candidates are no longer in favor of binding arbitration.

“What the police are getting is the back pay retroactive to their last contract is only fair,” says Baskin. “What the City needs to understand is that arbitrators listen to both sides and assess the financial feasibility. In this case, the arbitrator determined that the City could afford to pay for the police increases.”

Binding arbitration opponents are talking about organizing a citizens’ group to push for a 2009 ballot initiative calling for a repeal of the Charter provision.

Meanwhile, with the help of IAFF 10th District Vice President Jim Ferguson, California Professional Firefighters (CPF) President Lou Paulson, CPF 2nd District Vice President Lew Stone, Palo Alto, CA Local 1319 President Tony Spitaleri and others, Local 3523 is working on an action plan to prevent any initiative against binding arbitration.

San Luis Obispo fire fighters are under contract until December 31, 2009. They hope to begin negotiations for their next contract in July 2009.