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Briefing Pay – What Happened to the Retroactive Pay?

What happened with the 15 Minute Briefing Pay negotiations in 2014?  Why didn’t we get retroactive pay?  Why didn’t we get overtime for the 15 minute briefing going forward?  Let’s take a look at some documents and facts.  When Cerbone became DSA President in 2014 why did he settle a MULTI-MILLION Dollar Lawsuit for no retroactive pay and not even for overtime pay?  He did not even allow the members to vote on this decision.

Peter Hoffman Rains Lucia Sterns Letter in regards to the 15 Minute Muster Pay.

Pete Hoffmann of Rains Law Firm by Ken Lomba on Scribd

A couple things to point out from this letter by Peter Hoffman

  1.  Peter Hoffman was the Chief Negotiator for the SFDSA during the 2014 contract negotiations
  2. The letter states, “the Association successfully leveraged the grievance to obtain favorable compensation and benefits for its members through contract negotiations. -eg paid muster that has been in place for well over one year (an effective 3.125% increase in pay), a market based wage formula to supplement the scheduled wage increases, and earn and burn comp time to name a few.

Observations from the written letter.

  1.  “paid muster that has been in place for well over one year (an effective 3.125% increase in pay)”  This wasn’t an effective increase in pay.  Every facility and Unit that works 8 hours and 15 minutes or 12 hours and 15 minutes, now we get paid for the 15 minute uncompensated time compared to facilities that work 8 hours, 10 hours and 12 hours.  The days of coming to work 15 minutes prior for an unpaid briefing are gone, now we get paid for that time.  This was not an increase in pay but merely getting paid for time worked.
  2. “earn and burn comp time” was traded for an addition to our CBA by the City.  This was added,  “DSA agreed that if a member of the DSA promotes, only 40 hours could be carried over to a higher rank and anything remaining would have to first be used or cashed out.”  Cashed out at your rate prior to promotion.  See info. in 2014 Contract highlights #4.
  3. “the Association successfully leveraged the grievance to obtain favorable compensation and benefits for its members through contract negotiation.”  Was the Muster Pay Grievance used to leverage us the same raise as 24 other associations?  If so why did we give Control of the Staffing Minimums to the Sheriff?  Why did we give up the Entry and Promotional Qualifications Clause from our contract (the MSA kept both of those in their contract unchanged)?  What did the membership get for those two takeaways?  The membership got nothing for these takeaways.

Mastagni’s Letter in regards to the 15 Minute Muster Pay.  Attorney Mastagni stated we would have received 2 years back pay and OT going forward for Muster. If the grievance did not give us a good raise then we settled for NOTHING.

Let me remind you, we got the same cookie cutter raise as everyone else.  Click here to see the same raise as 24 other unions.   So the answer to the question is Cerbone settled this grievance and the members did not get their retroactive pay and did not get overtime for briefing going forward.  As Attorney Mastagni stated, “If the grievance did not give us a good raise then we settled for NOTHING.”

Mastagni Jr. Response by Ken Lomba on Scribd

 

Why aren’t Senior Deputies and Deputies that are Watch Commanders getting muster preparation pay?  The MSA gets it!  Why not us?

The MSA’s case, read the full article.  MSA members received two settlement checks.

http://archives.sfweekly.com/thesnitch/2016/03/17/sf-sheriffs-want-to-be-paid-to-get-dressed-just-like-some-cops

 

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