The purpose of the Municipal Employees’ Federation - AFSCME Local 101, is to improve the wages, benefits, and working conditions of its members; to promote their intellectual, social, and economic welfare; to represent its members in disputes with their employer; and, to champion the essential public services MEF members provide to our San Jose community.
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After more than two years of fighting — and countless hours spent reviewing contracts, exchanging emails, and pressing the issue through formal and informal channels — we won.
An independent arbitrator has ruled in our favor in the grievance over dispatcher certification pay. This is a major victory not only for our fire dispatchers but for the principle that when you earn it, you should be paid for it.
For years, dispatchers who held required EMD and EFD certifications received a 3.75% certification premium — but the City cut off that premium after 40 hours per week, meaning it wasn’t applied to overtime hours unless they qualified under FLSA rules.
The union filed a grievance because:
Dispatchers use their certifications during every hour of their shifts, including overtime.
The MOA says eligible employees “shall receive” the 3.75% — and nowhere does it say that stops at 40 hours.
This wasn’t a negotiated limitation — it was a unilateral misinterpretation—and the City knew it.
We brought the case to arbitration — and the arbitrator agreed with us.
The arbitrator found that the City violated the MOA by capping the premium at 40 hours. She ordered the City to:
Pay the 3.75% premium on all hours worked going forward.
Issue retroactive backpay for affected dispatchers, going back to the July 2024 pay period.
Calculate that backpay with interest and in compliance with the contract.
We’re now in discussions with the City about how the retroactive payments will be calculated and issued. Our priority is transparency and accuracy — and we’re insisting on a clear accounting for each member affected.
We’ll share updates as soon as we have a timeline and details. In the meantime, this win belongs to all of us.
It’s proof that our contracts matter. That enforcement matters. And that when we stand together and push back — we win
TL;DR: The City is trying to delay our work-from-home grievance by arguing it can’t even be arbitrated. All briefs have been submitted, and we expect the arbitrator to rule soon—hopefully before the holidays—that the case will move forward. MEF is fighting this every step of the way to protect your rights and win relief for affected employees.
The Municipal Employees’ Federation (MEF) has taken the City of San José to arbitration over its unilateral change to the Flexible Workplace Program. This case is about more than telework—it’s about protecting our rights under the contract and defending the stability that members built their lives around.
Instead of working collaboratively to fix this issue, the City has chosen to spend thousands of taxpayer dollars on outside attorneys to argue that this case shouldn’t even be arbitrated. In other words, they’re fighting over whether the arbitrator can hear the case at all, rather than addressing the harm caused by their own decision to roll back remote work.
The arbitrator is required to rule on that preliminary question before the case can proceed to the merits. This procedural maneuver by the City has already delayed justice for everyone affected by the return-to-office mandate.
Where Things Stand (Read the full story inside…)
As we prepare for our own contract negotiations in San Jose, we’re fighting for the same things these statewide candidates spoke about; fair pay that keeps up with the cost of living, affordable healthcare for our families, and a city that values the workers who keep it running.
AFSCME members showed in San Diego what solidarity looks like: public service workers standing together, demanding a California that works for everyone, not just the wealthy and well-connected.
Our fight here in San Jose is part of that larger movement. The road ahead will take all of us, united, to make sure our next contract reflects the respect and fairness city workers deserve…. (read more)
Your Union
MEF is a union representing over 3,000 members who provide a broad variety of services to the communities and businesses of San Jose, California. Find out how your work and your voice matter.