Turlock pays fire union $125K for 2019 unfair practice charge. What took so long?
Turlock officials approved paying the city firefighters union a projected $125,000 in late May, resolving an unfair practice charge filed with a state board about two years ago.
The union plans to spend the settlement agreement payout on legal fees associated with the dispute, its president Chad Hackett said, noting how the coronavirus pandemic and other factors delayed discussions.
Turlock Firefighters Local 2434 alleged the city reduced staffing without meeting with the union about the impact on employee workload and safety, per the unfair labor practice charge filed Aug. 2, 2019. In the complaint to the California Public Employment Relations Board, the union further argued the city violated the Meyers-Milias-Brown Act regarding collective bargaining, plus state government codes requiring reasonable notice and meeting in good faith.
The union filed the charge after the council both reduced the fire department’s overtime budget and cut funding for three of its vacant positions in June 2019. The reductions resulted in former Chief Robert Talloni, who previously served as interim city manager, proposing to close a fire station and reassigning staff to others for safety reasons. The council fired Talloni shortly after.
Among other requests, the union asked the board to order Turlock to return to the previous minimum staffing levels and give back pay to employees not allowed to fill vacant shifts. But in November 2019, the city and union agreed to discuss a settlement and suspended the complaint. The union asked the board to drop the case in March 2021, Hackett confirmed, after signing a settlement agreement.
“While the City denied the allegations in the unfair practice charge, the parties engaged in discussions related to resolution of the dispute,” Acting City Manager Sarah Eddy said in an email. “The settlement agreement is a compromise and allows the parties to move forward.”
Settlement discussions paused several times because of factors such as a COVID-19 outbreak in the fire department, firefighters getting deployed to wildfires throughout the state and open contract negotiations with the city, Hackett said.
The City Council finalized the agreement on May 25 by authorizing the projected $125,000 settlement payment, none of which the firefighters union currently plans to distribute to members, Hackett said.
Why is Turlock firefighter settlement a projection?
The payout is an estimate because the city agreed to pay the union based on how many emergency medical technician calls the fire department responded to in an 18-month period, Hackett said. American Medical Response, the county’s emergency medical service transportation provider, reimburses Turlock about $17 for each call, he said.
Per the settlement agreement, the city will pay the union the total amount it receives from American Medical Response for Turlock Fire Department emergency medical calls between July 1, 2020, and June 30, 2021. The American Medical Response payments are part of a county contract, according to the settlement. Turlock began receiving these payments because of new EMS protocols, Eddy said in an email.
The council on May 25 unanimously authorized both paying an initial $100,000 and further payments to the union per the settlement agreement. The final total may be slightly over or below $125,000, Hackett said.
“We’re glad that it’s over with,” Hackett said.
How much the city spent on legal fees for the case is unclear. Attorney Kevin Dale, who handles employment issues for Turlock, signed the settlement agreement instead of Interim City Attorney George Petrulakis. The law firm he works for, Atkinson, Andelson, Loya Ruud & Romo, is one of three law firms city officials have considered new or updated contracts for since February.
After the council hired Petrulakis on Feb. 23, it approved a contract with former City Attorney Doug White’s law firm on May 11 partly to finish work the firm started before his resignation. The contract with White’s firm is set to end around Aug. 11.
On May 25, council members considered an updated attorney representation agreement with Dale’s firm effective this July through June 2022. They delayed approving the agreement for procedural reasons, but officials are also set to earmark $135,000 to pay the firm for anticipated fees through the end of this month. Turlock has paid the Atkinson, Andelson, Loya Ruud & Romo firm to be its lead negotiator for collective bargaining over the past four years, per a City Council staff report.
This story was originally published June 5, 2021 at 5:00 AM.
