SEIU Local 1021 & SFUSD
November 1, 1994
There is currently a dispute between San Francisco Unified School District and Service Employees International Union, Local 1021, as to whether the District is bound by the provisions of the San Francisco City Charter relating to negotiations and binding arbitrations of disputes over the terms and conditions of collective agreements (Memoranda of Understanding). This dispute is being litigated in a number of lawsuits. The District is currently a party of two of those lawsuits.
A. To provide a fair and harmonious employee relations during the pendency of the various lawsuits the District and Local 1021 agree to the bargaining unit employee working conditions contained in the attached document.
B. If during the term of this Agreement, there is a judgment entered which finally and conclusively adjudicates the issue of the District’s responsibility and liability under the San Francisco City Charter due either to negotiations or arbitration of collective agreement between the City and Local 1021, then the District and the Union agree that either party may, within 30 calendar days after such judgment, reopen negotiations on any topic(s) of this Agreement.
C. An action filed by the United Public Employees Local 1021 against the San Francisco Unified School District is now pending in the Superior Court of the State of California in and for the City and County of San Francisco and is numbered 951317. The United Public Employees allege in that action that the San Francisco Unified School District is bound by the "city-wide negotiations" at least as to those matters which fall within the scope of representation under the Meyers-Milias-Brown Act notwithstanding that the San Francisco Unified School District is also an employer under the Educational Employment Relations Act. It is the position of the San Francisco Unified School District that its labor-management relations are governed by the Educational Employment Relations Act and that since the passage of Proposition B and the addition of Section 8409 of the Charter of the City and County of San Francisco, it is not bound by any of the negotiations which have occurred in the Meyers-Milias-Brown Act meeting and conferring between the City and County of San Francisco and the United Public Employees. The parties hereto acknowledge that it is appropriate to make certain adjustments to the wages, hours and working conditions of employees represented by United Public Employees Local 1021 working in the San Francisco Unified School District but they are concerned that any discussions or adjustments might later be utilized as evidence in the above-described pending action, which militates against such discussions and changes. Both parties would be prejudiced by the failure to make adjustments. Therefore, it is hereby agreed that this Agreement and all discussions which may lead to adjustments in wages, hours and working conditions, and all adjustments in wages, hours and working conditions which occur while the above-described action is pending shall be privileged and may not be cited, referred to or argued in the pending litigation as evidence for or against the position of either of the parties to this action.
D. Notwithstanding the constraints described herein, the bargaining teams of the San Francisco Unified School District and of SEIU Local 1021 have reached the attached Tentative Agreement which both teams agree to recommend to their respective constituencies for ratification consideration. Upon said ratifications, all bargaining between the parties shall be concluded for the term of this Agreement, except as provided for in item B, above.
NOTE: The parties acknowledge that the Union referred to as Service Employees International Union Local 790 in this document became and was recognized by the District as Service Employees International Union Local 1021 on or about June 26, 2007.”