33,951 / 66.0% Yes votes ...... 17,477 / 34.0% No votes

See Also: Index of all Measures

This measure would amend the Charter of the City of Anaheim relating to the resolution of labor disputes between the City of Anaheim and its firefighters and their recognized labor organization.

This measure would require that all unresolved disputes pertaining to wages, hours, or terms and conditions of employment for Anaheim firefighters be submitted to an independent three-member board of arbitrators for a final and binding decision.

This measure would also prohibit the City from changing or eliminating any existing benefit or condition of employment for its firefighters, even if such change is otherwise authorized by state law, unless such change is either the result of a negotiated agreement between the City and the firefighters' labor organization or ordered by the three-member board of arbitrators.

The City and the firefighters' employee organization would each select one of the arbitrators. The third arbitrator would be selected in accordance with the procedure set forth in the measure. The arbitration would be conducted in accordance with certain provisions of the Code of Civil Procedure.

This measure would require that each of the parties submit a last offer of settlement on each of the disputed issues to the arbitration board. By majority vote, the arbitration board would select and award whichever of the last offers the board found most nearly conformed with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment (including, but not limited to changes in the consumer price index, the wages, hours, and terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award). The parties would have ten days after the arbitration award to privately meet and attempt to agree upon any modifications to the award. At the end of such ten day period, the arbitration award, including any modifications agreed upon by the parties, would be publicly disclosed and become binding upon the parties.

Expenses of the arbitration would be borne equally by the parties. Expenses incurred individually by each party would be borne solely by the party incurring such expenses.

This measure would also add certain provisions to the City Charter similar to provisions contained in existing state statutes prohibiting firefighters from engaging in labor strikes and requiring the City and its representatives to negotiate in good faith on matters relating to the wages, hours and other terms and conditions of employment of City firefighters.

Measure "A" will establish a fair, equitable, and impartial process - Binding Arbitration - in the Anaheim city charter. Binding Arbitration may be used as a final step to resolve disagreements between the city and your firefighters before they become major disputes.

Measure "A" will not raise taxes and will not cause any service to the citizens of Anaheim to be reduced or stopped.

Strikes by Firefighters are illegal in the state of California. Measure "A" will also make Firefighters strikes in Anaheim illegal and unlike state law mandates disciplinary action up to, and including termination against a Anaheim Firefighter who participates in a strike.

Measure "A" will require a representative designated by the city and a representative of the Firefighters to choose a third, neutral arbitrator to form the Arbitration board. Measure "A" is fair to all parties!

Measure "A" will protect our city budget and will hold down costs. Measure "A" requires the Arbitration Board to consider the financial condition of the City of Anaheim and its ability to meet the cost - if any - of a decision by the Arbitration Board.

Binding Arbitration is the preferred method of resolving disputes for Fire Personnel. Twenty seven (27) states have Binding Arbitration similar to Measure "A". Binding Arbitration is used and supported by the business community of California.

Fifteen (15) cities which include San Jose, Stockton and Santa Cruz have passed Binding Arbitration measures. Most recently the City Council of Sacramento placed Binding Arbitration on the ballot for their firefighters and the citizens voted in favor of Binding Arbitration.

Please support your Anaheim Firefighters.

Vote YES on Measure "A"

Binding arbitration is not mediation where an impartial third party assists the union and the City in developing a contract acceptable to both sides. Binding arbitration is a "NO WIN" situation. If the arbitrator selects the union contract, then the City must make cuts in other programs to fund it. If the City's version is selected, hundreds of firefighters must work under a contract they did not approve.

The City has a track record of continued fair labor negotiations and has proven this by reaching agreements with all of its recognized employee organizations, except the Anaheim Firefighters Association. In 1997, even without an agreement, the average gross pay and benefits for Anaheim firefighters was $90,762.

Binding impartial interest arbitration has been found to:

Hinder effective/efficient government by discouraging innovation, favoring prevailing practices over best practices and promoting short-term solutions over long-term solutions.

Discourage "good faith" negotiations.

Discourage cooperative and collaborative joint labor/management efforts.

The Anaheim Budget Advisory Commission has gone on record as unanimously opposing this measure which would apply only to firefighters' wages and benefits.

Do not give three non-elected arbitrators the authority to second guess the determinations of your elected representatives or the right to set tax and budget priorities for the City of Anaheim.

Anaheim must continue to seek a balance of fair labor practices and fiscal responsibility to taxpayers. Binding arbitration will destroy that balance, creating an uneven playing field and disrupting the fiscal accountability Anaheim has diligently sought to achieve.

Vote NO on Measure A.

10.200 IMPARTIAL ARBITRATION - DECLARATION OF POLICY

It is hereby declared to be the policy of the City of Anaheim that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

10.201 PROHIBITION AGAINST STRIKES

No City of Anaheim firefighter shall wilfully engage in a strike against the City. Any such employee against whom the City brings charges of failing to report for work as part of a strike shall be subject to dismissal from his or her employment in the event the charges are sustained upon conclusion of the proceedings that are required by law for the imposition of disciplinary action upon said employee.

10.202 OBLIGATION TO NEGOTIATE IN GOOD FAITH

The City, through its duly authorized representatives, shall negotiate in good faith with a recognized employee organization which primarily represents firefighters on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of any negotiated agreement. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire department bargaining unit which primarily represents firefighters, or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for said fire department employees shall be eliminated or changed.

10.203 IMPASSE RESOLUTION PROCEDURES

All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and the recognized employee organization involved in the dispute shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization.

Representatives designated by the City and representatives of the recognized employee organization involved in the dispute shall each appoint one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Mediation and Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall alternately strike names from the list of nominees until one name remains and that person shall then become the third arbitrator and chairperson of the Arbitration Board.

Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties and mediate or mede-arb issues in dispute. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.

At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award.

After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board, incorporating any amendments or modifications agreed to by the parties, shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the final Arbitration Board award (incorporating any amendments or modifications agreed to by the parties as provided above).

The expenses of any arbitration convened pursuant to this article, including the fee for the services of the Chairperson of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.