Home|Blog | MEA and City Reach Tentative Agreement on “Make Whole” Remedy For Active Prop B Employees

MEA and City Reach Tentative Agreement on “Make Whole” Remedy For Active Prop B Employees

We are pleased to report that MEA has reached a Tentative Agreement with the City over the implementation of a “make whole” remedy for active Prop B employees now that we achieved a court order invalidating Prop B and ordering the City to strike it from the City Charter.  This agreement comes almost exactly 10 years after MEA filed its unfair labor charge against the City and began its decade-long battle to challenge and undo Prop B as the City’s illegal ballot measure directed at changing pension rights without bargaining.

As previewed by MEA Attorney Ann Smith in our October 13 Eblast on this subject, the agreement reached with the City provides affected active MEA-represented Prop B employees with a complete restoration of the defined benefit pension rights they were denied when hired between July 19, 2012 and July 10, 2021 as a result of the City’s violation of the law.  And it does so on terms that are both highly favorable to employees and fully consistent with the Court-approved remedial order entered in the case by the Public Employment Relations Board.

This Eblast is intended to alert you that an agreement has been reached.  It is not intended as a summary of every provision of the agreement.  You will have ample time to get acquainted with every aspect of the agreement which calls for a 3-month education and information period beginning on February 1, followed by a 60-day election period to enroll in SDCERS on or before June 30, 2022.  While not a substitute for the full agreement, here are a few important highlights:

As mentioned above, employees will have ample time to receive more information about their rights under this agreement before making their final decision.  Here are the key dates:

This Tentative Agreement represents a complete victory for MEA-represented employees affected by Prop B by achieving a full “make whole” remedy – plus a City-paid penalty – in accordance with PERB’s court-approved remedial order.  While the 2018 unanimous California Supreme Court decision MEA achieved in this case is a landmark victory in enforcing the state’s collective bargaining law for ALL public employees in California, this “make whole” result was only made possible by the invalidation judgment we achieved last January in the Superior Court.  This is the final WIN for affected MEA-represented employees because it restores them to the defined benefit pensions they would have been earning over the past decade if the City had not violated the law.

MEA wishes to thank Ann Smith once again for her relentless and amazing work on this litigation over the last decade.  Simply put, this result would never have happened without her.  In addition, as Ann herself recently reminded your MEA Board, her legal efforts would not have been possible if it were not for the commitment MEA’s leadership made in 2012 — and at every critical juncture thereafter – to support and fund this litigation to assure that the City’s violation of the law was effectively challenged.  This decision was made by MEA leaders who were not themselves affected by Prop B but understood why this was a vital mission for this Union.  Over the decade it has taken to WIN this fight, more than 2,000 current MEA-represented employees ARE affected by Prop B.

As summarized above, please stay tuned for more information coming soon.  And in the meantime, congratulations and stay well!