Union to Hayward: Don’t ‘rip the scab’ by appealing unfair labor practices finding

Hayward City Manager Fran David’s unwavering
stances against union city workers was found to
be improper, according a legal finding.

After Hayward city employees–working without a contract for two years–agreed to a new contract last summer, they believed labor peace was at hand. But a state Public Employment Relations Board (PERB) ruling in late December found many of their complaints against the city, especially claims of unfair labor practices and an illegal wage cut, were true.

Now, members of the Service Employees International Union (SEIU) Local 1021, which represent nearly 300 city workers, say Hayward’s intention to appeal the ruling will only reignite membership’s lingering animosity toward management.

“I’m asking you to graciously acknowledge the war is over,” said Linda Reid, a Hayward city employee and union member, told the Hayward City Council on Tuesday. The city’s potential decision to appeal the PERB ruling will also waste taxpayers money, she said.

The state Personnel Employee Relations Board
also found a three-day strike by workers was a
result of the city’s unfair labor practices.

Gilbert Hesia, another Hayward employee and member of SEIU’s negotiating team, asked the city council to publicly explain why each is supporting an appeal that will “rip the scab off and rub dirt in a situation where we want to move forward.”

During a closed session meeting late Tuesday afternoon the Hayward City Council discussed the PERB ruling, but made no reportable decision. Another closed session meeting on the topic is scheduled for Jan. 26.

The administrative law judge’s 102-page report faulted the city’s bargaining methods with the union, including a clear pattern of avoiding to even negotiate the simplest points of contention, in addition to illegally threatening layoffs if the city’s demands were not met.

The ruling also called into question some of the city’s stated budget figures during the two-year labor standoff, especially evidence of a $20 million shortfall reported early in the tenuous labor talks.

The controversial five percent wage imposition that the Hayward City Council approved in 2014 was also found to be improper and was ordered to be rescinded by the city along with the reimbursement of lost wages resulting in the unilateral wage cut.

The outcome of the PERB ruling may also greatly impact the electoral chances of four candidates for seeking election to the Hayward City Council this June. Four stated candidates, including three incumbents, strongly supported the city’s previous labor strategy while also voting for the imposition.

Why each of them voiced strong support for what has now been found to be an illegal bargaining strategy could be the biggest question facing the council race that will reward the top four finishers with seats on the next city council.

Categories: appeal, Gilbert Hesia, Hayward, Hayward City Council, imposition, labor unions, Public Employment Relations Board, SEIU Local 1021, unfair labor practice

10 replies

  1. The Council seem like brainless puppets to Fran David's deceit and lies. They should have fired her long ago for deliberately misleading them.


  2. City Council & Fran David are too lazy to come up with funding from sources besides Taxpayers & City Workers. For a place that promotes itself as education city, we have the dumbest, short sided, myopic Council in the Bay Ares. Fran David needs to go. Her money grab blunders have cost too much. If any of these clowns want to get re-elected, they need to fire her ass. Most people own up to their mistakes. These guys duck, dodge & dig in for a fight that is only going to waste more money on their folly.


  3. And yet Hayward will still cry it is going broke, there will be more talk of layoffs & Fran will get another raise. Making it even harder for Jerry Brown to catch up to Fran's exorbitant salary.


  4. Haywardlistens.com. More like Haywardsucks.com. Vote the old guard out because they only raise taxes and waste money on their pet projects and Fran David's big fat salary.


  5. Hayward residents!!! Make this mayor responsible for the deceitful ways she's treated your city's workers. Make your faces seen and voices heard at city hall. If she's not honest to city employees, ain't no way she's truthful to Hayward's reaidents. Get her ass out!


  6. Get Fran David's out of the City of Hayward. She doesn't even reside here. She should have retired a long time ago. Time for new management, in ALL areas.


  7. Council rubber stamps everything City Staff and Fran David cook up. Why bother reading reports and researching facts when its easier to let the unscrupulous individuals at city hall tell you how to think. The trouble is, that Fran's bright ideas cost the city too much. Fire Fran David.


  8. They should have November elections like other cities. Hayward is always behind the times when they do things. Why can someone get elected with less than 50% of the vote?


  9. Vote for Dumb and Dumber! Yay Hayward. What if we had an election and everyone running for mayor and city council sucked? Welcome to Hayward, Welcome home.


  10. Sounds like HUSD and dumb dobbs


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