In 2012, San Diego voters approved Proposition B, a pension reform measure that replaced pensions for new hires with a 401K plan. Seven years later, it is possible this reform will be completely unwound, because union attorneys have successfully argued that the city didn’t “meet and confer” with the unions before putting the reform measure on the ballot for voter approval.

As reported two weeks ago, the U.S. Supreme Court refused to hear the city’s argument that the San Diego’s mayor, who supported Prop. B, was exercising his right to free speech, and to force him to meet and confer with the unions prior to supporting Prop. B would have been a violation of that right.

Since then, the case has been returned to the original appellate court, which on 3/25 ruled that the city must “meet and confer over the effects of the initiative and to pay the… Read More

“The ruling is also an implicit endorsement of the state Public Employment Relations Board’s conclusion that the employees hired since the measure took effect must be made whole and get a pension equivalent to what they would have received pre-Proposition B.” – Editorial, San Diego Union Tribune, March 18, 2019

The ruling in question is the California’s Supreme Court’s August 2018 decision which found that “San Diego’s six-year-old pension cutbacks were not legally placed on the ballot because city officials failed to negotiate with labor unions before pursuing the measure.” It’s in the news again this week because the U.S. Supreme Court has just announced they will not hear the City’s appeal of the California ruling.

What’s going to happen now is uncertain. Back in 2012, a super-majority of San Diego voters, 65 percent, approved pension… Read More