Indio Police Command Unit Assn. v. City of Indio

FACTS & PROCEDURE

The PCU The PCU is the employee organization that represents the Department’s sworn command staff in the positions of sergeant, lieutenant, and captain, and it is the only organization with the right to meet and confer on behalf of those command staff officers. In 2008, the PCU had 19 members, but by 2012, due to attrition and hiring freezes, its membership was down to 14. Police Lieutenant Johnny Romero (Lt. Romero) was the PCU’s elected president; Police Sergeant Christopher Hamilton (Sgt. Hamilton) was the PCU’s elected vice-president; and Police Lieutenant Phillip Han (Lt. Han), was the PCU’s elected secretary/treasurer. The PCU negotiated a Comprehensive Memorandum of Understanding with the City on behalf of its members in effect from July 1, 2009, to June 30, 2012 (the MOU) governing wages, hours, and other terms and conditions of employment. Relevant here, paragraph 7.2 of the MOU provides that although the City has the right to

All further statutory references are to the Government Code, unless otherwise indicated.

2 institute layoffs, “Prior to instituting any layoffs, the City agrees to meet with the PCU to discuss alternatives.” In June…