Palo Alto Professional Firefighters Local 1319, alongside the International Association of Fire Fighters and the California Professional Firefighters (CPF), scored a major victory last Monday in the fight to protect collective bargaining rights across California.
In a decision issued by California’s 6th District Court of Appeals, the three-judge panel ruled a lower trial court erred in allowing municipalities to sponsor initiatives that undermine the collective bargaining rights of public sector employees by disregarding their “Meet and Confer” obligation. The IAFF submitted an amicus brief in support of Local 1319 urging the State Appeals Court to reverse the lower court’s decision.
“This was an extremely important fight,” said General President Edward Kelly. “If this decision was allowed to stand, municipalities across California would have a roadmap to circumvent their bargaining obligations – undermining the rights of our members and other working people.”
“This historic decision overturns years of efforts to pass anti-union legislation. From the beginning, we knew the city’s attempt to break longstanding agreements with its public employees violated our members’ rights, and I’m glad to see the Court of Appeals agreed,” said 10th District Vice President, Stephen Gilman. “Last week’s ruling is the perfect example of all three levels of the IAFF – Local, state, and federal – working together to hold municipalities accountable and fight for our members.”
The ruling is the latest development in a more than decade-long legal battle between Local 1319 and the City of Palo Alto. In 2011, the city sponsored Measure D, a local ballot initiative intended to remove the guarantee of binding interest arbitration procedures – an important process for settling disputes between public sector employees and the city – that had been in place for more than 30 years.
After Measure D passed in 2011, Local 1319 challenged the city in the Superior Court of California and lost.
In its ruling last week, the District Court of Appeals reversed the Superior Court, stating the city had violated California’s Meyers-Milias-Brown Act’s “Meet and Confer” obligation, therefore invalidating Measure D.
“In California, we’ve seen a systematic attempt by municipalities to break their agreements with public sector employees – first with Proposition B in San Diego and now with Measure D in Palo Alto,” said Brian K. Rice, president of the California Professional Firefighters. “I’m glad to see the California courts again reaffirm that fire fighters and other public sector employees have the explicit right to collectively bargain and receive their earned benefits.”
Local 1319 President Joseph Penko knows how important this decision is not only for his members but for IAFF members across California.
“The Palo Alto Firefighters knew in 2011 that the City of Palo Alto’s attempt to illegally remove our binding interest arbitration was not just an attack on us, but on collective bargaining as a whole,” said Penko. “The court’s decision vindicates our objection. We hope that this sends a message to other cities across the nation that when they attack one of us, they are attacking the entire community of fire fighters – and we don’t go down easily. We are grateful for the support of the CPF and the IAFF community throughout this journey.”
If the City of Palo Alto appeals the 6th District’s ruling, the case could go before the Supreme Court of California.
“The IAFF is committed to protecting the rights of our members,” said Kelly. “If Palo Alto decides to appeal this decision, or any other municipality in California tries to undermine the bargaining rights of IAFF Locals, we will continue the fight.”