Tobacco Documents Online

., •7 -1 V W G 5 1 I W G I V I I C I l1 P V C I`I V G I"~ C C. I'• t- I1 C T lJ C P'. I T V \/ A A I A l" C O I 5AN MATEO. CALIFORNIA 94403 TELEPHONE: /413/ 374-6710 January 25, 1982 Mr. Leo C. Middendorf Labor Relations Representative San Mateo County Fire Fighters, Local 2400 35 So. Bayshore Blvd. San Mateo, CA 94401 Dear Mr. Middendorf: With respect to your letter of January 18, 1982, may I point out that the standards discussed apply only to new hires. Certainly it would be healthier if current fire fighters did not smoke, for example, but that remains their decision, not the City's. However if you have a proposal to make with respect to current employees, we would be pleased to meet and confer on it. The cases you cite of source apply,to existing employees, and not potential candidates for employment, and are therefore inapplicable. Even if MMB did apply, the standards discussed would clearly come under the "merits, necessity, or organization of any service or activity provided by law or executive order" (GC § 3504), and would therefore not be subject to meet and confer. Moreover, the Vallejo case which you cit.e (and also the Pleasanton and Vernon cases, which rest upon the Vallejo dase), itself recognizes that the formulation of policy is a management right which should not be egregiously circumscribed. We therefore conclude that these matters are not subject to meet and confer, and repeat our previous offer to discuss this and all subjects with Local 2400. Thank you for your concern in this matter. Sincerely, S LINENBERGc "^R DEPUTY CITY MHNAGER cc: Ron Munier EXHIBIT F ,. ... _