AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Pay Parity

      Appeals court rejects a claim that lawyers in the California AGís office are under-compensated compared to those in other civil service job classifications. "The unionís argument ... betrays a fundamental misunderstanding of the meaning of the merit principle. It is not our role to mediate salary disputes ... There is nothing in the plain language, history, or broader context [of the law] to suggest that the merit principle encompasses the notion of like pay for like work." California Attorneys, etc. v. Schwarzenegger, #C058415, 2009 Cal. App. Lexis 856 (3rd Dist.).
    A California law that requires increases in correctional supervisory salary and benefits that "are at least generally equivalent to the salary and benefits" of the employees they supervise does not require salary increases to supervisory employees "in lockstep with those granted to rank and file officers." Wirth v. St. of California, #C050065, 142 Cal.App.4th 131, 2006 Cal. App. Lexis 1282 (3rd App. Dist. 2006). {N/R}
     Arbitrator enforces a "Me too" clause in a bargaining agreement and awards all union members a $600 retirement contribution that was given to nonunion workers, even though the payment was intended to match similar remuneration given to union members. City of Hillsboro and FOP, 118 LA (BNA) 439, FMCS Case #02/07448-6 (Imundo, 2003). [2003 FP Aug]
     Maryland appellate court requires a city to arbitrate an impasse over fire-police pay parity. Mayor of Baltimore v. Baltimore City Firefighters L-734, #0181-2000, 136 Md. App. 512, 766 A.2d 219, 2001 Md. App. Lexis 18, 166 LRRM (BNA) 2539. [2001 FP 42]
     Parity laws apply to salaries, not other forms of compensation unless law specifically so provides. St. Louis Fire Fighters Assn. Local 73 IAFF v. City of St. Louis, 637 S.W.2d 128 (Mo.App. 1982).
     Pay parity means the same basic rate for 40 hours police duty and 56 hours of firefighter duty; overtime not included in computations. Lewistown Firefighters Assn. v. City of Lewistown, 444 A.2d 1009 (Maine 1982).
     Parity clauses overruled by New Jersey hearing examiner. Plainfield Patrolmenís Benevolent Assn. Local 19 and the City of Plainfield, N.J., (May, 1978).
     Most favored nation clause upheld in New York case. City of Yonkers v. IAFF Local 628, 396 N.Y.S.2d 888 (A.D. 1977).
     Initiative process to establish. City of Lawrence v. McArdle, 522 P.2d 420.
     Shift differentials discussed. City of Warren and Warren Firefighters Assn. Local 204, AAA Case #53-39-0116-75 (Feldman, 1975).
     Police "gun allowance" a salary increase. City of Reading and International Association of Fire Fighters, Local 1803, (Gill, 1975).
     See also: Bargaining Units.

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