SPPOA files lawsuit against city over binding arbitration law

July 04, 2001
Santa Paula News

The expected lawsuit by the Santa Paula Police Officers Association (SPPOA) against the city has been filed over the SPPOA’s rejected request to apply a new state law for binding arbitration.

By Peggy KellySanta Paula TimesThe expected lawsuit by the Santa Paula Police Officers Association (SPPOA) against the city has been filed over the SPPOA’s rejected request to apply a new state law for binding arbitration.The lawsuit was filed in Ventura County Superior Court on June 20 and will be hard on July 10.The city and SPPOA reached an impasse in late May when the city presented its last, best and final offer of three year contract (June 26, 2001 to June 30, 2004) with a 5 percent salary increase (retroactive to January 1), implementation of the 3 percent at 50 retirement benefit starting Dec. 31, 2002, a 3 salary increase to take effect June 30, 2002 and another 3 percent increase a year later in 2003.The offer was rejected by the SPPOA based on the timing of the increases and implementation of the new retirement benefit.A request by the SPPOA to proceed with binding arbitration was rejected when City Manager Peter Cosentini noted he received the request for “interest arbitration on May 29. . .please be advised that the city believes that interest arbitration (SB402) is unconstitutional and therefore, the city declines your request to proceed to arbitration. We believe the bargaining dispute between the city and the SPPOA can should be resolved through negotiations between the parties.”
The City Council on a split vote had earlier sent a letter protesting passage of SB402, passed by the state Legislature and signed by Gov. Davis.An affidavit by negotiator William “Bill” Davis of the International Brotherhood of Police Officers, which represents the SPPOA, noted that the city and SPPOA had used the services of a professional mediator for the State of California in April and May in a failed effort to reach an agreement.“It’s unfortunate we had to go this route but the city left us with little choice when they refused to comply with the law,” regarding binding arbitration, said Sgt. Carlos Juarez, President of the SPPOA, about the lawsuit.The cost of the legal action will be paid by the International Brotherhood of Police Officers, he added.Damages of $70,000 are being sought by the SPPOA for back salary increases since September 2000 and administrative costs; they are also hoping that the judge will rule that the city must enter into binding arbitration.The new law requiring binding arbitration when labor negotiations cannot be resolved is being tested throughout the state, including by the County of Ventura which has filed a suit against the union representing sheriff deputies who also requested binding arbitration to resolve stalled negotiations.



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