City of Long Beach v. Public Employees Relations Board CA2/1

BACKGROUND

1. The City, the IAM, and the Furlough Program At all relevant times, the City and the IAM were parties to a memorandum of understanding (MOU) that governed the terms and conditions of employment of City employees represented by the IAM. The MOU provides that “[t]he City reserves, retains, and is vested with all rights to manage the City,” and those rights “include but are not limited to” the right “[t]o determine and/or change the size and composition of the City work force and assign work to employees.” The MOU also provides as follows: “It is understood and agreed that there exists within the City, in written form, Personnel Policies and Procedures and Department Rules and Regulations. Except as specifically modified by this MOU, these rules, regulations, and Policies and Procedures, and any subsequent amendments thereto, shall be in full force and effect during the term of this MOU. . . . Employee wages and fringe benefits will not be reduced unless agreed to by the Union.” In addition, section 92 of the City’s Civil Service Rules and Regulations (CSRRs) provides as follows: “For reasons of economy or due to a lack of work or funds, an appointing authority may…