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MCEA & City of Modesto Mediation

 

UPDATE 5-12-08 (Letter to Barbara Santos)

Ms. Santos,

I write to you as president of MCEA, working without a contract since July 24, 2007. Ms. Santos, I have left two voice mails requesting you to verify, in writing, the City Council is only offering MCEA 3% salary increase from the date of ratifacation/council acceptance through the end of June 2008. This is what you reported to me via telephone on Tuesday evening May 6, 2008. Please let me know if this offer also included any retro on medical benefits.

If you are able, please explain why the City Council would not accept the proposal from the state mediator. It would seem the independent third party had a proposal that was fair and reasonable to both MCEA and the City. As you well know, MCEA members are the lowest paid full time employees working for the City of Modesto.

MCEA members know you had authority to offer a raise much closer to the cost of living (4%), when you offered 2.5 percent one year ago. MCEA members know you received a 5.5% raise while withholding much needed increases to our benefits, as "incentive" for our members to accept a low wage contract. I believe you characterized these tactics as "Hard Bargaining." After unrepresented management (You) took a 5.5% raise and increases to medical benefits the City claimed a budget shortfall.

MCEA members go without, and continue to serve the citizens and taxpayers of Modesto. The increased cost to our medical coverage, increased CO-pays for our doctors visits, increased CO-pays for our children's doctors visits are hurting MCEA members. Your employees are being hurt by your inaction. MCEA's 450 members know a 4% salary increase for twelve months (lets say the last twelve months, including retro pay) would cost the City's general fund $440,000.00. Forty-seven unrepresented managers' 5.5% raise cost the City of Modesto $546,000.00.

Not one MCEA member was listed on the Modesto Bee's $110,000.00 employee list. MCEA members don't even come close, I doubt many MCEA members could even imagine an annual income of $110,000.00. It must be nice.

Tom McCarthy, MCEA President

UPDATE 4-24-08

City of Modesto Chief Negotiator, Barbara Santos, informed MCEA she sees no value in meeting with MCEA and the state mediation as scheduled for Friday, April 25, 2008. Santos informed MCEA the City Council rejected the mediator's proposal and, once again ignoring the rational voice of an impartial third party. Also, MCEA was informed the City’s mediation proposal (full retro on medical and $500 signing bonus) is off the table. Unlike other employee groups in Modesto, MCEA has no right to binding arbitration.

Santos also confirmed the City Council's only offer is the last best final offer, of 3% salary, from Council approval thru June 2008, with only a few pay periods retro on medical coverage. MCEA members and negotiators remain frustrated with the seeming lack of professionalism on the part of the City negotiators. Ms. Santos claims to have had authority to offer MCEA members a 4% increase in Spring 2007, before the expiration of the contract (and at a time when MCEA had a first year COLA proposal equivalent to 3.9% on the table) but, in the interest of "hard bargaining" never brought the offer forward.


Ms. Santos also explained to MCEA City Council's disappointment with MCEA for taking time to review the City's financial strength, after the City's negotiations team declared impasse, per City Council.


The key points to the 2007-08 negotiations are, as follows:

  • City had authority for MCEA members to receive a 4% salary increase, but never brought the offer forward.
  • City of Modesto unrepresented Managers receive a 5.5% salary increase, approved by the Council.
  • City refused to sign a side letter agreeing to increase medical for MCEA in a show of good faith, citing higher insurance cost are "incentive" to sign any contract offered to MCEA by the City.
  • City refused retroactive pay on a 3% salary increase (1% less than their authority) for a matter of days.
  • City cites City Council's "deep feelings" that retro pay is wrong, and rewards MCEA for not agreeing to the prior offer of 2.5%.
  • City negotiators claim budget crisis, prompting MCEA to retain the services of a CPA to review Modesto's finances.
  • City negotiators declared impasse, at City Council's recommendation.
  • City and MCEA agree to Mediation, first federal mediation, then changed to state mediation.
  • Mediation opened with an in-depth review of City finances proving the City's overall financial health to be strong. General fund deficiencies were largely due to internal City fund transfers, (hiding the money).
  • Mediator's proposal agreed to by MCEA's Negotiators, but rejected by the City Council in Closed session.
  • City Council seeks self legislated raises.
  • City Council informs City Chief Negotiator Barbara Santos only offer to MCEA is a 3% salary increase from approval through June 2008, with four pay periods ONLY retro on medical.


Today, April 24, 2008, City see no value in going forward with scheduled mediation.

The City Council and City Negotiations team have shown no interest in truly working toward a mutually agreeable contract. Rather, the City has opted to punish and under pay its lowest paid employees, MCEA members.

 

UPDATE 4-09-08

City Council rejects proposal brought by the state mediator and MCEA's negotiations team.

UPDATE 4-07-08

MCEA Negotiations Update

MCEA's negotiations team attended mediation again on Friday, April 4. The City negotiations team is taking a proposal by the state mediator to the City Council in closed session on Tuesday, April 8th.

The mediator's proposal involves a one-time grant of 32 hours vacation leave for each MCEA member, full retroactivity on the health benefit premium increases, and all other terms as agreed upon by the parties.

MCEA's team has told the mediator and the City that MCEA will bring the mediator's proposal back to the members and encourage ratification if the City Council approves it Tuesday night.

UPDATE 3-14-08 (PM Post)

MCEA is patiently waiting for the City's response to our most recent proposal.
MCEA members are encouraged to wear their "FAIR CONTRACT NOW" buttons and to refuse to accept voluntary overtime.

No Further job actions are being planned, promoted or encouraged by MCEA.
Further information will be discussed at MCEA's monthly meeting next Wednesday at the Corp Yard at 5:30PM.

In Solidarity
Tom McCarthy - MCEA President

UPDATE 3-14-08 (AM Post)

MCEA and City negotiators had a possible resolution which the City could not commit to. MCEA's negotiations team submitted a new proposal to the City's negotiating team that we believe is reasonable and acceptable to the members of MCEA while also taking into consideration the City's concerns.
Tom McCarthy - MCEA President

UPDATE 3-12-08

MCEA's negotiations from March 11th, 2008 are continuing through today (3-12-08) by telephone. MCEA's negotiating team are hopeful City negotiators will come forward with a solid offer on what had been discussed yesterday afternoon.
Tom McCarthy - MCEA President

UPDATE 3-03-08

MCEA's negotiators and attorneys met again with City officials and the state mediator on March 3. City management will be meeting with the City Council in closed session on March 4 to discuss negotiations with MCEA and receive further direction.

MCEA's team offered a variety of concepts to help break the impasse. However, it is too soon too tell whether there will be real progress.

Another meeting is scheduled for March 11.

MCEA is asking its members to begin wearing buttons, which carry a message for a fair contract. Please see your MCEA director to get your button. If you are ordered by City officials to remove the button you should comply and document the event in writing. Then contact your MCEA director with the information.

UPDATE 2-21-08

"MCEA's negotiations team, attorney, and accountant met with City management officials and a state mediator on Thursday, February 21, to try to reach an end to the impasse in contract negotiations.

During the first two hours of mediation, MCEA's accountant presented his 78-page report analyzing the City's financial health. This report is now available for download as a PDF document on the MCEA website. In addition to the City's negotiations team, City Finance Director Wayne Padilla and Deputy City Manager Judith Ray attended the morning session to address the City's finances.

Mediation continued throughout the remainder of the day. City management will meet again with the City Council in closed session on Tuesday, February 26, to discuss the MCEA contract. Although these discussions will happen in closed session before the portion of the meeting open to the public, MCEA negotiators will be attending and addressing the City Council directly. MCEA members are also encouraged to attend.

A second day of mediation is scheduled for March 3, 2008.

We are hopeful the City Council will authorize management negotiators to offer retroactive salary and benefits, which we know is so critically important to MCEA members that no agreement will ever be possible without this.

Any MCEA member interested in participating in a job action/strike committee please contact MCEA President Tom McCarthy at (209) 342-8107 or the MCEA director in your region during non-working hours."