American Federation of State, County & Municipal Employees v. City of Santa Clara

Opinion

LOW, P. J.

Defendant City of Santa Clara (city) appeals from a writ of mandate ordering it to vacate its resolution reducing wages for city workers

[1008]

involved in the Barricade Monitor Program; to reimburse those city employees for the losses suffered from the reduction; and to meet and confer with plaintiff unions. The city contends that the wholly voluntary Barricade Monitor Program was outside the scope of representation of the employees’ unions and not subject to the meet and confer requirement of Government Code section 3505. We affirm.

The city’s major thoroughfare, El Camino Real, had become congested by the local youths “cruising” the street in their cars Friday and Saturday nights. The loitering and cruising problem became too great a burden for the city’s police force to control without depleting manpower needed for other assignments. In July 1980, in an attempt to relieve the overburdened police force, the city council instituted the Barricade Monitor Program as a temporary measure. On Friday and Saturday nights, between 9 p.m. and 3 a.m., police set up barricades along El Camino Real to discourage cruising and loitering. Volunteers were enlisted from among the city’s employees (except police officers and fire fighters) to monitor the barricades during the night.

It was the duty of the volunteers to assist in setting up the barricades, to watch for violations, and to note the license numbers of cars which ignored the barriers. At no time would these monitors interfere with the drivers of the cars or otherwise enforce the barricades. During the night, these monitors were free to read, watch television or talk to friends.

Except as noted above, the program was open to any city employee. No training or particular skill was required or needed. Any interested, eligible city employee need only to report to the police department at 9 p.m. on the night he/she wished to work, and flashlights and other equipment would be provided. Each monitor would perform the same job regardless of his/her official rank and regular position with the city.

At first, the employees were compensated according to the overtime schedule they would receive in their regular city position, consistent with the “Memorandum of Understanding” in effect between the city and the employees’ union. For example, an equipment operator for the city would be compensated at an overtime rate of $18.23 per hour, while a lineman would receive his regular overtime pay of $23.28 per hour. Thus, for doing the same job, city employees in different classifications would receive disparate compensation.