To get current Updates fill in CV2014011778 or CV2012010330 in case number Brodman and date range to get documents at the below Link.
On 12/21/2016 ASPTEA and our AFSCME partners participated in a mediation with the City of Phoenix in the hopes of settling both the sick and vacation leave snapshot lawsuits. While the details of the mediation are confidential under Arizona law, the outcome was nothing. No agreement, no settlement, nothing. Despite two separate rulings from the Arizona Supreme Court (Fields and Hall) affirming the constitutional prohibition against impairing and diminishing pensions and a Superior Court ruling in our favor on the Sick Leave case, the City continues to refuse to settle and instead opts to spend more and more taxpayer dollars on outside attorneys to fight a decision that their own consultants and their self appointed citizen committee would not recommend. As you might be able to tell, I am disappointed in this reckless abuse of tax dollars and refusal to honor promises employees have spent careers depending on. Regardless of today’s outcome, be confident that we will not waver from our commitment to either force the City to honor their promises or take this case to the end.
FLSA and Prop 206 updates:
The changes to the FLSA (Fair Labor Standards Act) provisions that determine Exempt and Hourly employee status were scheduled to take affect mid-December. These have been placed on hold due to an injunction granted by a Texas court. For ASPTEA, this would have created pay increases for 17 employees so that the City could continue to maintain their Exempt (salaried) status and avoid paying overtime. The affected employees are primarily in the Parks Department where it is not uncommon to work 60+ hours per week, including weekends while at the lowest Exempt pay grade in the City.
Prop 206: On November 8th, 2016, Arizona voters passed the “Minimum Wage” proposition 58% to 42%. The title of this proposition is a little incomplete, also contained in this ballot measure were provisions to provide part-time workers with paid time off and a prohibition from disciplining employees for using their accrued, paid sick time. Despite a 16% margin of victory, a lawsuit and request for an injunction to prevent any aspect of this proposition from being enacted was filed by the Arizona Chamber of Commerce and several other entities. Today, Superior Court Judge Daniel Kiley denied the request. Read more here. http://www.azcentral.com/story/news/politics/arizona/2016/12/21/judge-refuses-halt-arizona-minimum-wage-hike/95714896/
While this ballot measure, when enacted, will certainly force the City to rethink many of its attendance policies, this fight is probably far from over.
Once again I would to thank everyone who has supported ASPTEA by donating their personal vacation time so that we could continue to advocate and represent our members. Your contributions made it possible to eliminate concessions during the term of this contract as well as advance our DCP to 6.23% in 2018.
The ASPTEA Board of Directors, by unanimous decision, decided to return all unused donated time to those members who sacrificed on our behalf. Thanks again for all your support!