City

Karl von Clausewitz wrote that war is a continuation of politics “by other means.” (Bartlett, Familiar Quotations (15th ed. 1990) *85 p. 443.) In an all too similar way, litigation can be a continuation of labor negotiations by other means: while it may reflect the failure of its less bloody alternative, there is no guarantee that the eventual result of war or litigation will be timely, or even that it will resolve what was at issue in the original diplomacy or negotiation. 1 So it seems in the present case. Not only does this case involve a matter put before the Fresno electorate six years ago but, in addition, we are informed that the relevant employees eventually negotiated for salaries that exceeded the mínimums previously established by the city charter provision in question here. 2 Still, the war goes on.

Before us once again, in No. F025765, is the issue of the efforts of the Fresno City Council and the City of Fresno (hereafter collectively City) to repeal portions of section 809 of the Fresno City Charter establishing a methodology for setting levels below which salaries for police officers and firefighters could not be negotiated. On this…

—I respectfully dissent from the majority view with respect to whether Fresno City Charter section 809 is a matter within the scope of representation. The majority view is extremely well presented and I agree with my colleagues’ expression that “The question whether Fresno City Charter section 809 is a matter within the scope of representation is, in our opinion, a close and difficult one.” (Maj. opn., ante, at p. 94.) However, I disagree with the following expression in the majority opinion. .

“On the one hand, the eight-city formula only establishes ‘a policy of parity’ between local firefighter and police wages and those in other large California cities. [Citation.] As such, it merely sets the City’s initial bargaining position, as the unions recognize. Establishment of an initial bargaining position clearly would seem to be in the nature of a ‘general managerial policy decision’ exempt from the meet-and-confer requirements of section 3505 pursuant to section 3504, in the same way, for example, the composition of the City’s negotiating committee would be exempt from mandatory bargaining. [Citations.] Fresno City Charter section 809, in fact, only establishes wages directly…

Carroll, Burdick & McDonough, Christopher D. Burdick, Rosemary Springer and Martin R. Gran, San Francisco, for the People ex rel. Fresno Firefighters, IAFF Local 753, and Fresno Police Officers' Association, Defendants and Appellants.

Certified for Partial Publication. [*]

VARTABEDIAN, Acting P.J.

Karl von Clausewitz wrote that war is a continuation of politics "by other means." (Bartlett, Familiar Quotations (15th ed.1990) 443.) In an all too similar way, litigation can be a continuation of labor negotiations by other means: while it may reflect the failure of its less bloody alternative, there is no guarantee that the eventual result of war or litigation will be timely, or even that it will resolve what was at issue in the original diplomacy or negotiation. [1] So it seems in the present case. Not only does this case involve a matter put before the Fresno electorate six years ago but, in addition, we are informed that the relevant employees eventually negotiated for salaries that exceeded the minimums previously established by the city charter provision in question here. [2] Still, the war goes on. [3]

Before us once again, in F025765, is the issue of the efforts of the…