MEF has taken the City of San Jose to arbitration over its unilateral change to the Flexible Workplace Program. This change forces employees with existing flexible workplace agreements to be in the office at least four days per week instead of three, without negotiating with the Union.
This is a major fight for our members. Instead of handling the case through the City Attorney’s Office as they normally would, the City has hired an outside “special law firm,” the Renee Public Law Group. This firm is known for taking on high-profile fights for cities when the stakes are high or when their legal position is questionable. MEF has submitted an information request to determine how much of the public’s money the City plans to spend on these outside lawyers to take this right away from employees rather than working with us to find a solution.
The City’s first move was to challenge the arbitrability of our grievance, claiming the case does not even belong in arbitration. We view this as an absurd argument and a delay tactic. Our position is that the grievance is clearly covered by the arbitration procedure in our contract, and now the City has the burden of proving otherwise. Unfortunately, the City has developed a pattern of raising procedural technicalities when it wants to avoid addressing the merits of a case.
Here is the current schedule: (more inside)