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HomeMy WebLinkAboutMinutes - City Council - 1970-12-14 197 City Council, Special Meeting Police Dept. & Council Chambers Bldg. � Redding, California December 14, 1970 9:00 A .M. The meeting was called to order at 9:00 A..M. by Mayor Moty with the following Councilmen present: Anderson, Chatfield, Denny, Fulton, and Moty. Also present were City Manager Brickwood, City A.ttorney Murphy, Fina.nce Director and Personnel Director Courtney, Public Works � Director A.rness , Planning Director Harris , Fire Chief Grant, Police Chief Whitmer, Parks Director Blaser, Personnel Officer Reynolds, and City Clerk Brayton Mayor Moty stated that this meeting was called to consider information to be presented by the Five Counties Central Labor Council regarding current labor relations problems. I Pat Patterson, representing the General Strike Committee of the Five ; Counties Central Labor Council and the Building and Construction Trades Council, read a statement regarding the current strike between the Retail Clerks Union Local No. 1364 and Montgomery Ward, in which the Union has stated that they would be willing to submit the r emaining i s sue to binding arbitration by the Mayor of Redding, by the City Council as a whole, or by any other objective group or person. He stated that the issue which is unresolved is that the striking employees of Montgomery Ward would not be permitted to return to their jobs except as they may later be needed or called. Mayor Moty asked if this matter of rehiring of Montgomery Ward employees who went out on strike was discussed during negotiations. Mr. Koenig, Business Representative of the Retail Clerks Union Local No. 1364, AFL-CIO, replied that it was not an issue until after the November 14th bargaining session, and even at that point in time it was not an issue. The Company first raised it when they told the Union the agreement would be ratified, but only with the non-hiring provision. . In answer to Mayor Moty's question as to whether any meetings had been held sirice November 14th, Mr. Koenig said there had been no further ; meetings held. Phone calls had been placed to the Company Labor Relations Director , in Chicago, but he did not believe any of the calls had been returned. Councilman A.nderson asked if this particular issue involves only Montgomery Ward or if Payless Drug is involved. He was advised that it involves only Montgomery Ward. Pat�Patterson stated that this is sort of a non-bargaining item. If all employees go out on strike, all employees expect to go back to work at the' end of the strike. Mayor:Moty asked Mr. Koenig; "As far as you know at this point.in time, Montgomery Ward�has taken an adamant attitude on this i�ssue, .and they will not discuss it.with you?" Mr. Koenig replied, "That is correct." The Union has tried to get in touch �with�them�but to no avail. � " Councilman.Denny asked Mr. Koenig if he could quote that section of their letter dealing with rehiring, or if it was an oral s�atement. Mr. Koenig replied that it was an oral statement from the Montgomery Ward Attorney, Mr. Chevalier, to the Union Attorney, Mr. Cowell. Mr. Cowell told Montgomery Ward that in no way could the Retail Clerks 198 Union accept this condition. In answer to Councilman Denny's inquiry as to the exact wording of the condition, Mr. Koenig said that the words that Montgomery Ward used was "preferential hiring." In other words, if the Union accepted this condition and Montgomery Ward needed someone in any department, the Union would send one of the former employees. Mr. Patterson said that Montgomery Ward advised the employees before the strike that if they went out on strike, they would not allow them to come back. It was pointed out that the employees were told this orally. The Union had no notification in writing in this regard. However-, the Union has affidavits from employees stating that they were told this orally. In answer to Councilman Anderson's question, Mr. Koenig said that the National Labor Relations Board will be sending someone to Redding, although it is uncertain how soon this will occur. Councilman Denny asked if the terms of the settlement that were ratified were in written form. Mr. Koenig replied that both sides took extensive notes of what was agreed upon at the bargaining table. The terms of the agreement were reached by an oral agreement and the ratification conditions were � expressed in a telephone call between the Union Attorney and Montgomery Ward's Attorney. The City A.ttorney asked Mr. Koenig, "If there had been a conclusion to the negotiations, would it not have-�been incorporated in a bargaining agreement signed by the Union and a 'representative of Montgomery Ward? " Mr. Koenig replied, "Yes." Councilman Chatfield asked what type of agreement the Union had with Montgomery Ward, prior to its expiration. Mr. Koenig said it was a Union Shop A.greement which means that - everyone who goes to work for Montgomery Ward must join the Union after 31 days. He said they would still have a Union Shop, but they would not necessarily have to call back any of the employee�s who went out on strike. Councilman Anderson asked what would happen if they did call back any of the employees and then business declined. , � Mr. Koenig replied that the lay-offs would be according to seniority. It was pointed out that in the previous contx act there was a seriiority. clause. Mayor Moty asked Pat Patterson what he had in mind with respect to calling a general strike. Mr. Patterson said that all of the Unions have been contacted to be certain that they understand the issue, and, although he is not in a position to set a date for a general strike at this tiine, he feels that the members will set a strike date when they understand the issue, as this is sue affects all union members . Mr . Patterson reiterat ed that they would accept any objective person or group as mediator. He said� they are trying to do everything possible to get Montgomery Ward off of the "get even'! tact. If the general strike is called, there could be 14, 000 employees affected,. City Attorney Murphy asked if the old contract with Montgomery Ward had an arbitration clause. Mr, Koenig said it did have an arbitration clause, but that the Union had never had an arbitration case with Montgomery Ward. The arbitration would be handled by the American A.rbitration Society, which is a professional arbitration group. Correction to Minutes made at Council meeting of December 21, 1970, as follows: � °�`��' � "Councilman A.nderson asked what would happen if they did call back all of the employees and then business declined." 199 Councilrrian A.riderson asked 'if s.uch a gr�oup could be called upon in this issue, and was advised that both Montgomery Ward and the Union would have to be in agreement and that it would take time, upwards to 40 _days. Mr. Anderson said he felt the American A.rbitration Society would be more qualified to serve in this capacity than Council. Mayor Moty pointed out that, without a contract, in order to have a mediator or arbitrator , you would have to have the consent of both parties. � In an�swer to Mr. Chatfield's inquiry; Mr, Koenig stated that in California, Montgomery Ward stores are generally non-union.. No other Montgomery Ward stores are being picketed at the present time. Mayor Moty read the following statement which summarizes his thoughts: "Speaking only for myself, as one member of this Council, I feel a deep.concern regarding the problems facing the eighty or ninety people on strike at Montgomery Wards . These problems can only be rnore acute at this particular time of year, and therefore they and their families have my sincere ' sympathy. "On the other hand, as an' elected"representative of all of the � citizens of Redding, in my judgment neither 'the City Coixncil nor any individual member of the City Council can, in his official capacity, properly become the arbitrator of a labor dispute in the pr�ivate sector:. of the economy, and, furtherrriore , none of us are trained or fitted for such role . "As for mediating this dispute, if we assume that individually or collectively we could properly perform such a' rble, I believe that voluntary mediation is effective only when both sides request the mediation. Here, only one side has sought our assistance. "The question is not before us as to what our response should be if both sides to the dispute requested our services to mediate, so I do not think it is appropriate to comment on such a possi- bility at thi s time. " Councilman Chatfield said he was in general agreement with the Mayor's statement. Councilman Anderson stated that he thought this is something that is of great concern and believed there is considerable history behind this , di spute. He would like to take the po s ition that C ouncil ur ge both � parties to start meeting again to avoid a general strike and get this strike settled. Councilman Denny said he is also very concerned .abo�zt the welfare of the 80 or 90 people on strike at Montgomery Ward and would also hope that every possible measure would be taken to avoid further unemployment in the area, particularly at this time of the year. Mr. Denny recalled that several years ago he served on a labor management committee which functioned in connection with two pending strikes, but noted that the issues were purely local and the strikes involved local unions and local management. Mr. Denny said he agrees with Mayor Moty that Council is not the proper agency to deal with a situation like this. Councilman Fulton does not feel that Council should back away from this issue entirely, but should see if both parties could be brought together at a meeting. He feels it is Council's duty to do everything possible to get Montgomery Ward to send a representative to meet with Council and the Union. 200 Mayor Moty said he agrees with Dr. Fulton; however, Montgomer.y Waxd has been c.ontacted but to no avail. Mr. Chatfield said he also agrees with Dr. Fulton that Council should be concerned, and he feels that if Council were not concerned, this special meeting would not have been called. Mr. Chatfield reiterated that he does not think Council could be a good ar.bitration body. He agrees completely that Council should urge the parties involved to get negotiations going again. , _ _ Mayor Moty said he had in mind that Council authorize a resolution urging both parties to start talking again. The Mayor said that he do.esn't know how much.more Council can do if. Montgomery Ward. . � says "No", as all Council can do is appeal to them. City Attorney Murphy said he could not think of any precedent where a;legislativ.e..body., either:at the: E,e,deral, State, or local lev:el has,.. ;. acted as an arbitrator in a labor dispute, but that there were many precedents where Mayors and other public officials-.had acted in some form of inediation. MOTION: . Made by, Councilman Denny„ seconded by Councilman A.nderson instructing the City A.ttorney to prepare Resolution No. 4395 , a resolution of the City Council of tlne City of Redding urging the Retail Clerks Union, Local 1364, A.FL-CIO, and the Management of Montgomery,Ward to return to the.bargaining table to:.r,eso;ly.e a labor d'ispute at the Montgomery Ward Store in Redding, and authorizing the Mayor to sign same. Voting was as follows: Ayes: Councilmen - A.nder.son, Chatfield, ,Denny., Fulton, and Moty Noes: Councilmen - None � A.bsent: Councilmen - None Resolution No. 4395 on file in the office of the City Clerk. A.DJOURNMENT , . . Ther e being no further busines s , at the hour of 9:45 A..M. , on the motion. of Councilman Ander son, s econded by Councilman Fulton, the meeting was adjourned. APPROVEID: a A.TTEST: Ci y Clerk - ,,�