Articles

BECAUSE YOU ASKED SEPTEMBER 2009

ERIP:
Q: Does EAA support or oppose enhanced retirement?
A: EAA supports the concept of an affordable early retirement as a means of helping to reduce costs for the city of Los Angeles. However, EAA’s primary duty is to protect its members’ benefits by ensuring the financial stability of LACERS.

Q: Does EAA support the ERIP as currently reported?
A: No. The ERIP, as currently constituted, takes away EAA members’ right to vote on changes to their respective MOU’s. This agreement also waives legal rights of EAA members and EAA itself. This ERIP also establishes a new and very dangerous precedent, making City employees give up part of their retirement benefits for the rest of their lives. Even with all of the fundamental problems with this program, EAA Governors would have allowed EAA members to vote on it IF the proper voting procedure would have been allowed. The proper procedure would be one where members in each MOU would vote to approve or disapprove the co-pay increase for their respective MOU’s.

This ERIP punishes most members for the benefit of a few. Some of the negotiators are the people standing to benefit most from the ERIP. Draw your own conclusions. In addition, it is not a certainty that the desired 2400 will accept the ERIP, which could automatically increase the contribution rate for the remaining employees.

Q: Can an EAA member take the ERIP?
A: Yes, if the COCU unions approve the ERIP. LACERS’ retirement benefits are determined by a majority vote of all the unions whose members are part of LACERS.

Q: Will EAA members’ contribution to LACERS increase to the 7% or 7.15% or whatever the final number is, even though we did not vote on the ERIP?
A: Legally, NO! The contribution rate is determined by each MOU. In the case of EAA, our MOU’s all specify the 6% rate for employees hired after 1983 and the lower rate for those hired earlier. See section 7.2 of your MOU. EAA has NOT reopened its MOU’s and all provisions continue in full force. The COCU’s have reopened their MOU’s and agreed to the larger contributions, subject to ratification by their members.

Q: What if the city goes ahead and illegally takes the higher percentage from EAA members’ paychecks?
A: This could happen if the COCU unions ratify the ERIP. EAA will pursue all legal remedies.

If the City does not take the additional contribution from EAA members, or if EAA is successful in its legal actions, the contribution rate for the members of the COCU will rise even higher.

FURLOUGHS:
Q: If the furloughs are illegal as EAA states, why do we have to endure them?
A: Unfortunately, the legal process takes time. The City counts on this fact to discourage employees and cause the EAA members to blame their union, not management. EAA members are smarter than that.

Q: What happened to the lawsuit EAA filed about furloughs?
A: EAA filed a lawsuit for injunctive relief. This was denied but has been appealed. Injunctive relief is generally granted only if irreparable harm would be done by letting an action stand and if the plaintiff (EAA) has an exceptionally strong case with little or no rebuttal by the defendant (City). While EAA met the strong case standard, the judge considered weak and non-germane arguments by the City and determined that any harm (lost wages) could be remedied later by reimbursement.

Q: What about the full lawsuit?
A: The law requires that EAA exhaust all administrative remedies (the UERP) before it is allowed to file the full lawsuit.

Q: Why is the UERP taking so long?
A: The Employee Relations Board (ERB) is the body that assigns a UERP to a hearing officer. Supposedly, the UERP about the furloughs is on an "expedited track". However, the ERB is appointed by the Mayor and approved by the city council, so they are dragging their feet until after the results of the MOU 8 representation election and the ERIP elections in hopes that EAA members will become disenchanted with the whole process. That is why it is imperative that all EAA members stand united.

Q: If EAA wins the UERP or the lawsuit, what will EAA receive?
A: While we cannot make the decision for either the hearing officer or the judge, other furlough cases recently adjudicated in the United States have required that the affected employees be made whole by awarding them full back pay. Sometimes interest is also added to monetary awards.

Q: What about my grievance about the change in shift and furlough?
A: The City is denying grievances at every level and is delaying its response at each level as long as allowed under the grievance procedure. When the grievances get to the arbitration level, the ERB will assign them to hearing officers. Once a few grievances have been decided at that level, we anticipate the City may offer negotiation for the remainder.

MOU NEGOTIATIONS:
Q: With all the budget problems in the City, won’t our negotiations for new MOU’s be difficult?
A: Of course they will.

Q: What is EAA’s negotiating strategy for this difficult time?
A: EAA does not disclose its strategies publicly as that can aid management in their preparation. However, EAA is committed to protecting every benefit possible for its members and ensuring that members’ futures are secure.

Q: What are we going to get in this round of negotiations?
A: We cannot predict what the results as there are two parties to the negotiations. We have surveyed members to determine their desires so that the negotiating team can prioritize its agenda and determine the most effective strategy for achieving the best results.