From the San Bernardino Sun, we get a detailed look into the ongoing legal battle between the city and its firefighters' union as it navigates bankruptcy proceedings. The situation has taken a significant turn, with the city winning some key rulings that could reshape labor relations in the department.

In a recent hearing before Bankruptcy Judge Meredith Jury, the city secured a major victory by getting the current firefighters' contract rejected. This means the city can now push forward with a new agreement of its own choosing, which could drastically change working conditions and pay for the fire department. The city's argument was that the existing contract is a financial burden, citing high overtime costs and the need to reduce expenses.

One of the main reasons given for rejecting the contract was the city’s desire to switch from a full staffing model to a minimum staffing one. This would allow the city to leave certain positions open if a firefighter is absent, potentially saving over $4 million in annual overtime payments. Another factor was the continuation of retirement contributions being paid by firefighters, rather than the city, which would cut their take-home pay by nearly 14%.

Despite this ruling, City Manager Allen Parker stated that there are no immediate plans to implement a new contract right away, leaving a potential gap in negotiations. However, Judge Jury made it clear that while she agreed to reject the current deal, she did not endorse any specific terms of a new one. She also emphasized that the city cannot violate substantive law, including a city charter provision that protects public safety salaries—though this provision is up for a vote in November.

Jury also noted that there is no precedent for how long an imposed contract can last. “It’s interim, but I don’t know how long that will be,” she said. “I think until a new collective bargaining agreement is reached or the plan to exit bankruptcy is approved.”

In another development, the judge also denied the firefighters’ request to lift the automatic stay, which prevents lawsuits against the city during bankruptcy. The union wants to argue in state court that the city didn’t follow proper procedures in its negotiations. Similar motions from police and fire unions remain pending after contracts were imposed in early 2013.

The city’s legal team is expected to submit the official order soon, giving the firefighters’ union until September 17 to object or propose an alternative. A final hearing is scheduled for September 19.

Firefighters’ attorney Brian Goodrich chose to accept the ruling but reserved the right to appeal. His main objection was about the admissibility of evidence presented by the city, which Jury found mostly unconvincing. However, the union will have the opportunity to cross-examine the city’s financial consultant, Michael Busch, who provided much of the data used to justify the current contract as a financial burden.

On a related note, the city’s bankruptcy attorney, Paul Glassman, confirmed that two firefighter layoff notices had been rescinded. Additionally, four demotions within the Fire Department are still under review through the city’s appeals process.

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