2022-10-18 CC Agenda Packet - PRESENTATION - ITEM C10 - ESFFA Brown-Out Factfinding`r 1� City of El Segundo
Factfinding Hearing re El Segundo Firefighters'
Association, IAFF, Local 3682 (FFA): September 7,
2022
PERB Case No. LA-IM-315-M
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Presented by:
John H. Bakhit, Esq.
Atkinson, Andelson
Loya, Ruud & Romo
A Professional Law Corporation
Presentation Agenda
OBackground on Bargaining History
--� Impacts/Effects Identified by FFA
City's Responses to Impacts/Effects
Identified by FFA
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Background & Barplaininq Histo
Issue: Browning -Out Engine 32 fora 6-
month Trial Period (sole issue).
FA
Overview of Bargaining History
Parties Met 11 Times between November 2021 & April 2022
11 /22/21: Parties met and discussed their goals. City provided
its 1 St proposal to the FFA.
12/8/21 Discussed Brown -Out and the belief that there
was already an agreement on the Brown -Out based
on FFA members' input/edits to Chief Lee's decision
to Brown -Out Engine 32 (safety valves for mental
health).
3/7/22: Parties met and FFA asked if there was a price tag on
the Brown -Out if the FFA were willing to accept it.
5/11 /22: FFA rejected City's LBFO re Browning -Out Engine 32
and declared impasse.
5/31 /22: FFA requested factfinding.
Impacts/Effects Identified by FFA
FFA Identified 2 Impacts/Effects of Browning -Out Engine 32:
Safety of FFA Members
FFA claims that Browning -Out Engine 32 will put their members' safety in
jeopardy because their members may have to wait for outside agencies to
respond as backup in order to begin attacking a house fire.
Increased Workload for their Members
The only example cited by FFA is an increase in fire inspections that will need
to be redistributed to the staff.
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City's Responses to FFA's Concerns
about Safety & Increased Workloads.
Safety of FFA Members
City explained that it expects FFA members to adhere to the current safety
standards in the Fire Department's policies and procedures (e.g., minimum
amount of personnel at structure fires, etc.).
FFA's "what if' scenarios presented during bargaining are speculative in nature
and are not supported by facts.
The overwhelming majority of City's calls for service do not involve structure fires.
In 2020, only 2.1 % of major incidents involved fires (51 out of 2,426 incidents)
Of these 51 fires, only 12 involved building fires and 4 involved a structure other than a building
In 2019, only 2.17% of major incidents involved fires (61 out of 2,811 incidents)
Of these 61 fires, only 12 involved building fires and 2 involved a structure other than a building
In 2018, only 2.2% of major incidents involved fires (64 out of 2,908 incidents)
Of these 64 fires, only 15 involved building fires and 8 involved a structure other than a building
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1 �� ' City's Responses to FFA's Concerns
`-" ��- : about Safety & Increased Workloads.
Increased Workload for their Members
The only example cited by FFA is an increase in fire inspections that will need to
be redistributed to the staff.
City committed to FFA in its LBFO that in the event their members are unable to
complete inspections as a result of the browning -out of Engine 32 for a period of
six months, FFA members will not be subject to discipline if goals for building
inspections are not met.
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"(4) The interests and welfare of the public...
(5) Comparisons of the... conditions of
employment of the employees involved... [with
the] conditions of employment of employees
performing similar services in comparable
public agencies "
- Gov't Code § 3505.4(d)
Public Interest in Browning -Out Engine 32
Factfinding Criteria #4: interests &welfare of public
Public has interest in having well -rested and alert firefighters
responding to emergency calls for service.
— FFA members assigned to Engine 32 takes personnel away from
other higher priority obligations (e.g., filling vacancies without forcing
FFA members to work overtime).
Public has interest in the efficient use of public funds
— City anticipates that Browning -Out Engine 32 will reduce the amount
of forced overtime worked by FFA members.
— Brown -Out will allow City to evaluate the best use of all resources.
MMBA Section 3505.4(d)(4)
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Public Interest in Browning. -Out Engine 32
Factfinding Criteria #5: conditions in comparable
agencies
FFA has not presented any information comparing the
working conditions at City to the working conditions at
comparable agencies.
MMBA section 3505.4(d)(5)
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Why Brown -Out Engine 32?
While we are not here to discuss the decision to
Brown -Out Engine 32, the following expected benefits
of Browning -Out Engine 32 have been shared with the
FFA:
— More efficient use of personnel based on the types of calls for
service in the City of El Segundo.
— Flexibility by the Chief to reassign personnel from Engine 32 to
fill in gaps caused by injuries, illness, or vacations.
— Less forced overtime which has been identified by the FFA as
causing mental, physical, and quality of life issues for FFA
members.
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Browning -Out Engine 32
' 6-month trial will allow the City to assess the benefits of Browning -
Out Engine 32 without jeopardizing the safety of FFA members or
the public.
FFA members are expected to adhere to the current safety protocols
when responding to and fighting a structure fire.
City of El Segundo is unique in that it does not have many
structure fires.
'**"' Allows City's Fire Chief to utilize personnel in a more efficient
manner to cover vacant positions due to injuries, vacations, etc.
without having to force FFA members to work overtime.
FFA
has
complained about the negative
effects (mental, physical, and
work
-life
balance) of forced overtime on
their members.
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Factfinder's Decision
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City and FFA both had an opportunity to advocate for their
positions and provide supporting evidence at a Factfinding
hearing on September 7, 2022 before the Factfinding panel.
After hearing all arguments and reviewing all evidence presented
by both the City and the FFA, the Panel Chairman issued his Final
Report and Recommendation which held, in relevant part:
"Ultimate) I can find nothing in the MMBA which
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precludes the employer from conducting a 6-month
trial program. The decision to perform such trial is
clearly within the City's authority ... So long as the
City sticks to the terms of their trial, I believe they
are within their rights."