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Prop B Restraining Order Does Not Apply To Nonunion Municipal Employees, Judge Rules

A temporary restraining order that halted the city of San Diego's implementation of a voter-approved pension reform initiative does not apply to nonunion municipal employees, a judge ruled today.

Superior Court Judge Luis Vargas amended his ruling from Tuesday, according to the City Attorney's Office. The TRO came in a case filed by the state Public Employment Relations Board, and is in effect until July 27.

Two-thirds of the voters on June 5 supported Proposition B, but the city's unions contend the measure should never have gone on the ballot without prior consultation. City Attorney Jan Goldsmith said there is no legal requirement to meet and confer until after the proposition passed, since it was a privately sponsored initiative.

Once the election results are certified by the state, the city will begin offering 401(k)-style retirement plans to new employees other than police officers. Goldsmith said he will submit such a plan for unrepresented employees to the City Council at an upcoming meeting. Nonunion workers make up a tiny portion of the city of San Diego's labor force.

"This ordinance will enable the city to hire new employees who are not represented by these labor unions without violating the terms of Proposition B," Goldsmith said. "These new employees would receive a 401(k)-style defined contribution plan in accordance with the voters' will."

A hearing before a PERB administrative law judge is scheduled to begin on Tuesday in Glendale.

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