By J.M. Brown
Vallejo Times Herald (California)
Copyright 2007 The Times-Herald
All Rights Reserved
VALLEJO, Calif. — Once-civilized labor talks deteriorated into a shouting match inside City Hall last month, according to allegations of “intimidation and threats of violence” lodged against the fire union.
In a complaint filed late Monday with the state, the city’s outside labor attorney, Charles Sakai, has accused a fire captain and union lawyer of threatening him during negotiations over $4 million in proposed cuts to the fire service.
But the union lawyer, Alan C. Davis, claims “the absolute opposite” - that Sakai was physically and verbally aggressive with him and the captain.
“They think they can get political advantage by making these outrageously false statements to take the public’s attention away from the real issue at hand,” Davis said Tuesday.
The allegations raise the battle between the city and fire union to a fevered pitch just two days before both sides appear in court over the layoffs of 16 firefighters and demotion of nine others.
If OK’d by the City Council, the layoffs will go into effect July 1, if an accord is not reached over minimum staffing provisions in the fire contract that cost $3 million in overtime annually.
The city has sued the union to compel arbitration over the cuts and filed an unfair labor practices complaint alleging the union’s refusal to bargain. Monday’s allegation of intimidation and threats was added to the labor complaint.
The alleged skirmish occurred in the city manager’s conference room April 20 when the two sides took a morning break to caucus.
Accompanying Davis were fire union president Kurt Henke and members Vince Sarullo and Paige Meyer, police union leaders Steve Gordon and Tom Liddicoet, and a union auditor. City negotiators Sakai and Scott Kenley represented Vallejo along with City Finance Director Rob Stout.
City Manager Joe Tanner was not present. Tanner was not available Tuesday for comment because he is out of the country on vacation.
Both sides agree Sakai was alone in the room with seven fire and police union officials when the incident unfolded. What happened next depends on whom you talk to.
In Monday’s complaint to the state, Sakai claims Davis tried to keep him from leaving the room by closing the conference room door. Sakai said Davis told him he was going to “give (him) a speech” and said Sakai was to blame for the layoffs.
Sakai said he placed his foot in the doorway and told Davis it was he who was at fault for the layoffs because he would not bargain to save the firefighters’ jobs.
“At that point, Captain Paige Meyer jumped out of his chair and said something to the effect of ‘get out of my attorney’s face. If you want to get in someone’s face, get in mine,’ ” the city’s complaint alleges.
“Mr. Sakai responded that he was leaving the room and that Captain Meyer would have to come and stop him if he wanted to keep him in the room,” according to the complaint.
As other union members tried to calm Meyer down, Sakai told Davis he “would not be trapped in the room and that he would not accept any attempt to physically restrain or confine him in the room,” according to the complaint. Davis stepped back and Sakai left, it said.
On Tuesday, Kenley acknowledged the city’s complaint is based only on Sakai’s version of events.
The two police officials present during the uproar were not asked to make a statement for the city’s complaint, he said. But, he said, the officers “will tell the truth if they are under oath.”
Neither officer returned messages seeking comment Tuesday.
When asked why the city waited more than three weeks to file the complaint, Kenley said officials “didn’t want to blow it completely out of proportion.” Later Tuesday, he also said officials had been “debating whether to separate the allegation from the other unfair labor practice complaint.”
Davis shot back on Tuesday, saying the city is telling “a big lie.” Davis said he is considering filing a state bar complaint against Sakai, who he says was the real aggressor.
Davis said he and Sakai got into a heated argument about the city’s true financial picture after the groups caucused. Davis said Sakai began yelling near an open door that led into the city manager’s outer office.
Davis said he warned Sakai that “you’re being provocative,” to which Davis said Sakai responded, “You’ve not seen me angry before.”
When Davis got up from his chair to shut the door for privacy, Sakai “moves toward me aggressively” and pushed the door even further open until it smacked the wall, Davis said. Sakai got “within inches of my face” and continued yelling, Davis said.
Davis acknowledged that Capt. Meyer, a former Sunnyvale police officer, stood up and told Sakai to pick a fight with him instead. Davis said Meyer was just trying to protect him.
Then, Davis claimed, Sakai extended his hands and told Meyer, “You want some of this? Come and get it.” Sakai then left the room.
In an interview, Meyer backed Davis’ version, saying he only intended to defend his 68-year-old lawyer because Sakai had taken “the biggest fighting stance” and was acting like he might assault Davis.
“I say ‘back off’ ... to try to diffuse the situation,” Meyer said. “I wasn’t sure if (Sakai) was going to start poking him in the chest.”
Kenley, the city’s negotiator, said he cannot personally refute the union’s side because Sakai was alone at the time. But, Kenley said, Sakai signed an affidavit attesting to the version of events spelled out in the city’s complaint.
“I believe him to be a very honest individual,” Kenley said. “His story has not changed since the minute he walked out the door.”
The union is drafting an official response to the complaint. The Public Employee Relations Board will review the matter and ask for testimony if board officials find there is evidence of a violation.