Liebert Cassidy Whitmore
Factfinding Public Hearing –
City Proposal to Revise the
Minimum Qualifications for
Three ATA-Represented Classifications
Public Hearing
May 24, 2023
Liebert Cassidy Whitmore
The City’s Request:
Overview
Request:
o Vote to implement the terms of the City’s Last Best and Final Offer (“LBFO”) to ATA.
Terms of the LBFO:
o Allow the City to revise the minimum qualifications for employment (“MQ”) for the Engineering Support Services Administrator, Technology Training Coordinator, and Software Developer classifications in order to allow for candidates who possess either:
1. A college degree; or
2. Additional relevant professional experience.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Proposal
Development of Proposals:
o In advance of opening recruitment for the classifications, the City developed these proposals.
o Human Resources consulted with the relevant City Departments to develop proposals that were specific to the duties of each classification. o The proposals would allow the City to consider candidates who possessed the appropriate amount of additional relevant professional experience, but who lacked a college degree.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Proposal
City Objectives:
o Remove qualifications that are not directly related to job performance; o Increase the supply of minimally qualified candidates from which City Departments could select the most qualified candidate; and o Make the City more competitive for talent in tight labor market.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Proposal
City Departments (Subject Matter Experts)
o Not necessary that an employee in any of these classifications possess a college degree in order to perform the requisite job duties for the classification.
o Employees with additional relevant professional experience described below could perform the requisite job duties for these classifications. • 4 years of additional experience for Engineering Support Services Administrator; and
• 2 years of additional experience for Technology Training Coordinator and Software Developer
Liebert Cassidy Whitmore
How We Got Here:
The City’s Proposal
What the City’s Proposal Is Not
o The City did not propose a one-size-fits-all for the additional professional experience required.
o The City did not propose to revise the MQs in order to “devalue” the classifications/reduce the amount of compensation that the City would provide.
o The City did not propose to revise the MQs for any other ulterior objective (e.g., to increase diversity).
Liebert Cassidy Whitmore
How We Got Here:
The City’s Bargaining with ATA
Brief Bargaining History
o The City initially proposed to revise the MQs for these classifications more than 2 years ago:
• April 2021 – City proposal re: Technology Training Coordinator; • June 2021 – City proposal re: Engineering Support Services Administrator; and
• August 2021 – City proposal re: Software Developer.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Bargaining with ATA
Brief Bargaining History (Continued)
o The City met and conferred with ATA between September 2021 and March 2022 regarding the City’s proposal to revise the MQs.
o The City did not implement these changes unilaterally. o The City has been unable to recruit for these positions during this time Liebert Cassidy Whitmore
How We Got Here:
The City’s Bargaining with ATA
ATA proposal:
o Revise the MQs for all the classifications in the bargaining unit in exchange for:
• An 8% increase in salary for employees with a college degree; and • An additional 4.8% increase in salary for employees with a master’s degree.
ATA identified no actual harm that would justify the salary increase.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Bargaining with ATA
ATA proposal:
o Revise the MQs for the classifications, but require at least four years of additional relevant professional experience for each classification. ATA did not explain why this one-size-fits-all approach was always appropriate.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Bargaining with ATA
Brief Bargaining History (Continued)
o In February 2022, after six months of negotiating, the City made its LBFO to ATA.
o In March 2022, after making little progress in the negotiations, the City declared impasse.
o Thereafter, the City and ATA started the post-impasse process.
Liebert Cassidy Whitmore
How We Got Here:
The City’s Engagement in Factfinding
Factfinding
o In August and October 2022, the City and ATA made their presentations to the Factfinding Panel.
o In March 2023, the Factfinding Chair issued a report and recommendations. • The City-appointed panelist dissented.
o The City posted the Chair’s report and recommendations and the City’s dissent.
Liebert Cassidy Whitmore
The City’s Request:
Impose the City’s LBFO
The LBFO is Appropriately Limited in Scope
o Revise the classification specifications for only the three classifications at issue, not all bargaining unit classifications.
o Revise the MQs in the manner recommended by the subject matter experts after case-by-case study, not a one-size-fits-all approach.
Liebert Cassidy Whitmore
The City’s Request:
Impose the City’s LBFO
The LBFO is Necessary for Recruitment
o Allow the City to consider the all minimally qualified candidates in order to select the most qualified candidate.
o Allow the City to compete with other employers who do not require degrees for comparable jobs.
Liebert Cassidy Whitmore
The City’s Request:
Impose the City’s LBFO
The LBFO is Fair and Reasonable
o Will not harm ATA or its members.
o Will treat comparably situated employees equitably.
Liebert Cassidy Whitmore
The City’s Request:
Impose the City’s LBFO
The City requests that the City Council implements the terms of the City’s LBFO
o Remove qualifications that impose unnecessary barriers to employment; and o Allow the City to begin recruiting the most qualified candidate for employment in these classifications.
o Its implementation will serve the City’s and public interest. Thank you.