President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco

July 2010

CHIEF OF LABOR RELATIONS CORNER

Specialized Fire Services Unit Accepts Contract Modification

           As they did with all of SEBA's bargaining units, the County came to SEBA asking members of the Specialized Fire Services Unit to assist them in closing the $ 90 million shortfall for the 2010/11 budget. Specifically, the County asked members of the Specialized Fire Services Unit to give back the 2.5% salary increase due July 3, 2010, and the 2.5% salary increase due November 6, 2010. This request was to assist the County in closing their $ 4 million shortfall in the Fire Department's 2010-11 budget. SEBA's negotiation team informed the County that SEBA was unwilling to agree with their request and countered with the following proposal:

           Take the 5.0% remaining for this MOU and divide it up into four equal portions and extend the MOU from expiring in December 2010 for two additional years with the expiration being December 2012. The membership agreed to this proposal by a vote of 40 to accept and 8 to reject.

           On June 15, 2010, Arbitrator Edna E. J. Francis delivered her ruling regarding whether the job classification of Environmental Specialist IV was improperly formulated to the extent it authorizes participation in the County's Hazardous Materials Response Team without meeting the minimum requirement of certification as a Registered Environmental Health Specialist by the State of California.

           This arbitration originated when in 2009, the San Bernardino County Fire Department assumed responsibility for providing fire protection services to the City of Victorville and absorbed all of the City's employees who worked for the Fire Department. Among those employees absorbed was an employee whose duties with the City of Victorville closely paralleled the duties found within the County's Hazardous Materials Specialist II position. This employee was added onto the Hazardous Materials Response Team without being certified as a Registered Environmental Health Specialist with the State of California.

           While working for the City of Victorville, this employee had performed the duties that fall within the County's Hazard Materials Specialist II position for many years, and, in addition, had trained more than 2000 Hazardous Materials responders. During his tenure with the City of Victorville he held the following positions; Fire Safety Specialist; Arson Investigator, Haz-Mat Team Leader, and Certified Unified Program Agency (CUPA) Program Manager.

           In her ruling, Ms. Francis stated that the record presented no basis for finding that the County acted improperly in establishing an Environmental Specialist IV position which is assigned to the Hazardous Materials Response team.

President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco