Huntington Beach : Court Rules Against City in Benefits Cut

The City Council lacked the power to cut unilaterally an increase in benefits recommended by an arbitrator for 500 city employees in 1984, a state appellate court ruled Tuesday.

The 4th District Court of Appeal found that the city could have accepted or rejected the compromise providing a 5 1/2% benefit increase for the 1984-85 year. But the council had no authority to reduce the benefits to 5%, the court ruled.

The negotiations affected 500 members of the municipal employees association. A package calling for 5 1/2% wage and benefit increases was recommended by an arbitrator and later by the city’s Personnel Commission.

The court found the council, which cut the benefits provisions, had violated state law requiring good-faith negotiations.

“The legislative intent . . . is not served if after countless hours spent by the parties at the bargaining table, the City Council is permitted to disregard the product of those negotiations and impose any terms and conditions of employment it sees fit,” the court ruled.

James G. Harker, lawyer for the employees’ association, said the court “confirmed that the city bargained with my clients in bad faith.”

“They violated their own rules and violated the spirit and letter of state labor law,” he said.

Harker said he expects to return to the bargaining table with the city. If that fails, Harker said, he will pursue a separate lawsuit, in which he is seeking monetary damages from city officials for what he says is their failure to bargain in good faith.

The association represents all city employees except for management and public-safety officers. Employees covered by the association are paid $678 to $4,100 per month.