SCOPE OF REPRESENTATION – Salaries or Wages

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Several disputed Measure P provisions significantly and adversely affected Association-represented employees’ working conditions by creating a second, independent investigatory path. While a second independent investigation may or may not ultimately lead to an officer’s discipline, employees would reasonably view it as significantly and adversely affecting wages and promotional opportunities. Hearing testimony established that an officer who is under investigation will not be appointed to a specialty assignment or promoted. In such circumstances, the officer would not receive additional pay that comes with the specialty assignment or promotion, and the loss of the specialty assignment or promotional opportunity could adversely impact the officer’s career development. In addition, Measure P adversely affects Association-represented employees’ wages regardless of whether they are the subject of the investigation or only a witness, as the measure is silent about whether any employee subpoenaed by the second investigatory body to testify in an investigation will be paid if the interview takes place outside of the employee’s duty hours. The several challenged Measure P amendments allowing repeat investigations of the same officers over an extended period—thereby significantly and adversely affecting their career trajectory—are prime examples of changes for which the benefit of collective bargaining outweighs the short delay caused by requiring negotiations. (pp. 21, 26.)