15,009 / 49.6% Yes votes ...... 15,276 / 50.4% No votes

See Also: Index of all Measures

Under existing statutory law, firefighters are prohibited from striking or recognizing a picket line while performing their official duties, and police officers are similarly limited under case law. Also under existing law, the City is required to negotiate in good faith with the employee organization representing the public safety officers about wages, hours, and other terms and conditions of employment. Under existing law, when agreement is reached between the negotiating representatives, the agreement is put in writing and presented to the City Council. If matters remain in dispute and impasse is declared, the employee organization may request conciliation, and if conciliation does not resolve the impasse, advisory arbitration may be requested. If no agreement is reached and impasse procedures have been exhausted, the Council may adopt and implement the City's last best offer.

Measure T alters the process for resolving labor disputes. It provides that following good faith negotiation by the City and the labor organization, either party may declare an impasse, thereby requiring the unresolved issues to be decided through binding interest arbitration. The arbitration procedures would apply to all disputes or controversies over issues pertaining to wages, hours, terms or conditions of employment or grievances concerning the interpretation or application of a negotiated agreement.

If approved, this measure would require that the arbitration be conducted by a single, neutral arbitrator and conform to the California Arbitration Act (Code of Civil Procedure 1280 et seq.) If the parties don't reach agreement before arbitration hearings are concluded, the arbitrator would direct each party to submit a final settlement offer on each disputed issue. The arbitrator would take each issue and select one of the parties' last offer on that issue. Selection would be based on factors traditionally considered to determine wages, hours, benefits and other terms and conditions of employment. Factors include, but are not limited to, changes in the average consumer price index for goods and services; wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities; and the City's financial condition and its ability to meet the costs of the decision.

Measure T provides that the arbitration decision in its final form would be publicly disclosed and binding on the parties. Prior to release of the decision, the parties would be able to meet privately to attempt to resolve their differences and would be allowed to jointly amend or modify the arbitration decision. Costs of the arbitration proceeding would be split between the City and the labor organization.

The Measure states that neither the City Council nor the electorate are permitted or required to affirm or approve the decision of the arbitrator.

A "yes" vote would establish binding interest arbitration.

A "no" vote would retain the existing procedures.

VALERIE J. ARMENTO
City Attorney

Occasionally police and firefighters disagree with the city regarding safety procedures,use of equipment, work rules, or compensation. Presently our public safety officers are forced to accept whatever the city proposes. Unlike other workers, public safetypersonnel cannot and don't want to strike, so city bureaucrats have no incentive to negotiate.

If passed, Measure T will establish "binding arbitration" to resolve disagreements between public safety and the city before they become major disputes.

• Measure T requires the city, police and firefighters to negotiate in good faith on work rules, grievances, wages, hours and other conditions of employment;

• Measure T allows an impartial, independent arbitrator, if necessary, to study the facts and resolve disputes between the city, police and firefighters;

• Measure T requires that the arbitrator's decision be based on the "interest and welfare of the public and the financial ability of the city to meet costs." The arbitrator's decision is binding on the city, police and the firefighters.

• Measure T will save tax dollars. Protracted, expensive labor disputes are avoided.

More than 13,000 Sunnyvale citizens signed petitions to place Measure T on the ballot. Measure T is supported by neighborhood leaders and organizations throughout our city. If Measure T is approved it would replace an unfair system with a much fairer one. Please vote YES on Measure T

JAMES W. DAVIS
Sunnyvale Public Safety Officers Association

JOSEPH F. CALA
Business Owner

TONY SPITALERI
Firefighter

SUSAN CAROL CALDWELL
Homemaker

It's unnecessary because Sunnyvale public safety officers are among the best treated and most highly compensated officers in the entire nation. In fact, the average Sunnyvale officer receives more than $100,000 per year in total compensation and works in one of the safest cities in America.

It's undemocratic because it takes decision making authority away from the City Council and gives the citizens of Sunnyvale no say in how their tax dollars are spent. Final decision making authority would be placed in the hands of non-elected third party arbiters accountable to no one. If the City Council makes poor fiscal decisions, we can vote them out of office. If a non-elected arbiter does, we're stuck with it.

It puts our quality of life at risk because we lose control over how our tax dollars are spent. If public safety costs go up because of the decision of a non-elected arbiter, we will be forced to make up the deficit by cutting other services. These services are parks and recreation, libraries, and street maintenance.

The Union says this is about fairness and respect. It's really about money and power. Right now that power is held by elected officials accountable to the voters. If this measure passes, public accountability will be lost and citizens of Sunnyvale will no longer have a say in how their money is spent.

Protect our award winning city services and our democratic right to choose. Vote no on measure T.

JIM ROBERTS
Mayor of Sunnyvale

ANN HINES
Former Director, Leadership Sunnyvale

THOMAS F. LEWCOCK
Former Sunnyvale City Manager

RON SWEGLES
Chair Parks & Recreation

HELEN M. DeWOLF
Advisory Committee for a New Sunnyvale
Sr Center

Section 1110. Impartial And Binding Arbitration For Public Safety Department Employee Disputes.

A. Declaration of Policy. It is hereby declared to be the policy of the City of Sunnyvale that strikes by public safety employees (employees in the Sunnyvale Public Safety Department assigned to fire suppression and law enforcement duties, including those dispatching them to assigned calls and other emergency situations) 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.

B. Prohibition Against Strikes. No City public safety employee as defined above, or employee union, association, or organization representing same, shall strike, slow down, sick out or engage in such concerted economic activity against the City. Disputes unresolved by negotiations shall be resolved by the procedure set forth herein. Any such employee who fails to report to work without good cause or who aids, abets or encourages strikes, slow downs or sickouts against the city shall be subject to disciplinary action, including, but not limited to, termination from City employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures.

C. Obligations to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with any employee organization that is recognized by the City as the representative of a representation unit or representation units comprised solely of public safety employees as defined above, as such units are currently constituted or as they may be amended through negotiation or arbitration as provided in this section, 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 that includes a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between authorized representatives of the city and said employee organization or a determination is made through the impartial procedure hereinafter provided, no existing benefit, term or condition of employment for the public safety employment employees represented by said employee organization shall be altered, eliminated or changed.

D. Impasse Resolution Procedures.

1. 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 said employee organization shall be submitted to an independent, neutral Arbitrator upon the declaration of an impasse by the City or by said employee organization.

2. The City and employee organization will attempt to reach agreement as to the neutral Arbitrator. In the event that the City and the employee organization cannot agree upon the selection of the neutral arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California-Department of Industrial Relations (or a neutral replacement if same ceases to exist) to provide a list of seven (7) persons to act as the neutral arbitrator. If they still cannot agree as to the neutral arbitrator, they shall alternately strike names from the list of nominees until one name remains, and that person shall then become the neutral Arbitrator. The first party to strike shall be determined by lot.

3. Any arbitration proceeding 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 (CCP 1280 et seq.), as the same exists as of January 1, 1998. The Arbitrator shall hold hearings, receive evidence from the parties, and cause a transcript of the proceedings to be prepared. The Arbitrator, in the exercise of his/her discretion, may meet privately with the parties and mediate the issues in dispute. The Arbitrator may also adopt such other procedures that are designated to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.

4. In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Arbitrator shall direct each of the parties to submit, within such time limit as he/she may establish, a last offer of settlement on each of the remaining issues in dispute. The Arbitrator shall then decide each issue by selecting whichever last best offer of settlement on that issue he/she finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities of similar population; and the financial condition of the City of Sunnyvale and its ability to meet the costs of the decision of the Arbitrator.

5. After reaching a decision, the Arbitrator shall mail or otherwise deliver a true copy of his/her decision to the parties. The decision of the Arbitrator shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period, the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Arbitrator. At the conclusion of the ten (10) period, which may be extended by mutual agreement between the parties, the decision of the Arbitrator, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award. No other actions by the City Council or by the electorate to confirm or approve the decision of the Arbitrator shall be permitted or required.

6. The expense of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the Arbitrator and the costs of preparation of the transcript of the proceedings, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the partyincurring such expenses.

7. The provisions of this Section shall not be construed as making any of the provisions of Section 923 of the Labor Code of the State of California applicable to City public safety employees. The provisions of this Section pertaining to arbitration shall be. construed as an "arbitration agreement" for the purpose of making applicable to the extent not in conflict herewith the provisions of California Code of Civil Procedure Sections 1280, et seq., described above.