Case 2:11-cv Document 1 Filed 07/11/11 Page 1 of 17 PageID 1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

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1 Case 2:11-cv Document 1 Filed 07/11/11 Page 1 of 17 PageID 1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION AMERICAN FEDERATION OF STATE, COUNTY, MUNICIPAL EMPLOYEES LOCAL 1733; COMMUNICATION WORKERS OF AMERICA LOCAL 3806; ESSICA LITTLEJOHN, IN HER INDIVIDUAL CAPACITY AND AS REPRESENTATIVE FOR ALL OTHERS SIMILARLY SITUATED; INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1784; INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LODGE 3; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 474; INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5; INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 369; MEMPHIS POLICE ASSOCIATION; OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION LOCAL 908; PAINTERS AND ALLIED TRADES LOCAL 49; UNITED ASSOCIATION OF PLUMBERS, PIPEFITTERS and SPRINKLER FITTERSLOCAL UNION NO. 17; UNITED BROTHERHOOD OF CARPENTERS LOCAL 345; UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLIED WORKERS LOCAL 115; Plaintiffs vs. Case No. CITY OF MEMPHIS Defendant COMPLAINT FOR DAMAGES, DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Come now the Plaintiffs, and hereby file their Complaint against the Defendant, City of Memphis. In support of this Complaint, the Plaintiffs submit as follows: JURISDICTION & VENUE

2 Case 2:11-cv Document 1 Filed 07/11/11 Page 2 of 17 PageID 2 1. This Court has original jurisdiction over this action pursuant to 28 U.S.C. 1331, 1343(a)(3) and (4); and 42 U.S.C and This action seeks to redress the City s violations of the Plaintiffs rights under the Constitution of the United States, including but not limited to the First and Fourteenth Amendments to the United States Constitution. 2. This Court has supplemental jurisdiction over claims under Tennessee law pursuant to 28 U.S.C. 1367(a). Tennessee law authorizes declaratory judgment and injunctive relief pursuant to Tenn. Code Ann , , and Pursuant to 28 U.S.C. 1391(b), this Court is the proper venue for this action because the events or omissions giving rise to the claim occurred in this district. PARTIES 4. Plaintiff American Federation of State, County, Municipal Employees Local 1733 ( AFSCME ) is a labor organization operating in the State of Tennessee, with its principal office at 485 Beale Street, Memphis, Shelby County, Tennessee. AFSCME is the recognized representative of bargaining units consisting of certain non-management employees of the City of Memphis; including but not limited to clerks, equipment operators, maintenance personnel, mechanics, sanitation workers, and truck drivers. AFSCME is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 5. Plaintiff Communication Workers of America Local 3806 ( CWA ) is a labor organization operating in the State of Tennessee, with its principal office at 2860 Prince Drive, Bartlett, Shelby County, Tennessee. CWA is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis, specifically 2

3 Case 2:11-cv Document 1 Filed 07/11/11 Page 3 of 17 PageID 3 dispatchers for the Memphis Police Services Division. CWA is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 6. Class Representative, Plaintiff Essica Littlejohn, is a resident of Memphis, Shelby County, Tennessee. She is an employee of the City of Memphis, and a representative of a class of Plaintiffs consisting of certain non-management City employees in the bargaining units represented by the labor organizations named as Plaintiffs to this action. 7. Plaintiff International Association of Fire Fighters Local 1784 ( IAFF ) is a labor organization operating in the State of Tennessee, with its principal office at 5150 Stage Road, Suite 103, Memphis, Shelby County, Tennessee. IAFF is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis, including but not limited to firefighters, paramedics, fire inspectors and investigators, air mask mechanics and communication data specialists of the Memphis Fire Services Division. IAFF is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 8. Plaintiff International Association of Machinists and Aerospace Workers Lodge 3 ( IAM ) is a labor organization operating in the State of Tennessee, with its principal office at 1962 Madison Avenue, Memphis, Shelby County, Tennessee. IAM is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis, including but not limited to auto mechanics, master mechanics, repair personnel and welders. IAM is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 3

4 Case 2:11-cv Document 1 Filed 07/11/11 Page 4 of 17 PageID 4 9. Plaintiff International Brotherhood of Electrical Workers Local 474 ( IBEW ) is a labor organization operating in the State of Tennessee, with its principal office at 1870 Madison Avenue, Memphis, Shelby County, Tennessee. IBEW is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis, namely electricians. IBEW is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 10. Plaintiff International Union of Bricklayers and Allied Craftworkers Local 5 ( Bricklayers ) is a labor organization operating in the State of Tennessee, with its principal office at 2922 Sidco Drive, Nashville, Tennessee. Bricklayers Local 5 is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis. Bricklayers Local 5 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 11. Plaintiff International Union of Operating Engineers Local 369 ( Operating Engineers ) is a labor organization operating in the State of Tennessee, with its principal office at 878 Willow Tree Circle, Cordova, Shelby County, Tennessee. Operating Engineers Local 369 is the recognized representative of bargaining units consisting of certain non-management employees of the City of Memphis, including but not limited to animal control officers and technicians, construction code inspectors, dispatchers, heavy equipment operators, stoppage operators, and waste water treatment operators. Operating Engineers Local 369 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 4

5 Case 2:11-cv Document 1 Filed 07/11/11 Page 5 of 17 PageID Plaintiff Memphis Police Association ( MPA ) is a labor organization operating in the State of Tennessee, with its principal office at 638 Jefferson Avenue, Memphis, Shelby County, Tennessee. MPA is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis, specifically patrol officers and sergeants of the Memphis Police Services Division. MPA is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 13. Plaintiff Operative Plasterers and Cement Masons International Association Local 908 ( Cement Masons ) is a labor organization operating in the State of Tennessee, with its principal office at 429 North Broadview Street, Cape Girardeau, Missouri. Cement Masons Local 908 is the recognized representative of a bargaining unit consisting of certain nonmanagement employees of the City of Memphis. Cement Masons Local 908 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 14. Plaintiff Painters and Allied Trades Local 49 ( Painters ) is a labor organization operating in the State of Tennessee, with its principal office at 2966 Austin Peay, Memphis, Shelby County, Tennessee. Painters Local 49 is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis. Painters Local 49 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 15. Plaintiff United Association of Plumbers, Pipefitters and Sprinkler Fitters, Plumbers Local Union No. 17 ( Plumbers ) is a labor organization operating in the State of Tennessee, with its principal office at 4229 South Prescott, Memphis, Shelby County, Tennessee. Plumbers 5

6 Case 2:11-cv Document 1 Filed 07/11/11 Page 6 of 17 PageID 6 Local 17 is the recognized representative of a bargaining unit consisting of certain nonmanagement employees of the City of Memphis. Plumbers Local 17 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 16. Plaintiff United Brotherhood of Carpenters Local 345 ( Carpenters ) is a labor organization operating in the State of Tennessee, with its principal office at 212 North Second Street, Memphis, Shelby County, Tennessee. Carpenters Local 345 is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis. Carpenters Local 345 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 17. Plaintiff United Union of Roofers, Waterproofers and Allied Workers Local 115 ( Roofers ) is a labor organization operating in the State of Tennessee, with its principal office in Greenbrier, Tennessee. Roofers Local 115 is the recognized representative of a bargaining unit consisting of certain non-management employees of the City of Memphis. Roofers Local 115 is acting on behalf of itself as an organization, and on behalf of its members in a representational capacity. 18. The bargaining units represented by the above Plaintiffs (hereinafter collectively Unions ) include approximately 6,000 City of Memphis employees in several divisions, including but not limited to Fire Services, General Services, Park Services, Police Services, Public Services and Public Works. 19. The Defendant, City of Memphis ( City ) is a municipal corporation, duly organized and existing as a political subdivision of the State of Tennessee, located within the County of Shelby 6

7 Case 2:11-cv Document 1 Filed 07/11/11 Page 7 of 17 PageID 7 CLASS ACTION 20. Pursuant to Rule 23(a) and 23(b)(1) and (2) of the Federal Rules of Civil Procedure, Class Representative Essica Littlejohn brings this class action on behalf of herself and other similarly situated employees of the City of Memphis who are members of bargaining units represented by the Plaintiff Unions. 21. The exact number of members in the Class identified in the preceding paragraph is not presently known, but upon information and belief, the Class includes more than 5000 City of Memphis employees, and is therefore so numerous that joinder of individual members in this action is impracticable. 22. There are common questions of law and fact in the action that relate to and affect the rights of each member of the Class. The relief sought is common to the entire Class, as set forth below in this Complaint. 23. The claims of the Class Representative are typical of the Class she represents, in that the Class Representative claims that the City of Memphis violated the rights held by the Class members under the First and Fourteenth Amendments to the United States Constitution, 42 U.S.C and state law. There is no conflict between the Class Representative and any other members of the Class with respect to this action. 24. The Class Representative is the representative party for the Class, is able to fairly and adequately protect the interests of the Class, and will so represent the Class. 25. The attorneys for the Class Representative are experienced and capable in the field of constitutional, employment and labor law. 7

8 Case 2:11-cv Document 1 Filed 07/11/11 Page 8 of 17 PageID The City of Memphis has acted on grounds generally applicable to the Class, thereby making final injunctive relief or corresponding injunctive relief appropriate with respect to the Class as a whole. 27. This action is properly maintained as a class action in that the prosecution of separate actions by individual Class members would create a risk of adjudications with respect to individual members of the Class that would establish incompatible standards of conduct for the City of Memphis. 28. This action is properly maintained as a class action in that the prosecution of separate actions by individual Class members would create a risk of adjudications with respect to individual members of the Class that, as a practical matter, would be dispositive of the interests of other members not party to the adjudication, or would substantially impair or impede their ability to protect their interests. FACTS 29. On September 5, 1978, the Memphis City Council adopted Ordinance No. 2766, which proposed an amendment to the Charter of the City of Memphis, and submitted that proposed Charter amendment as a referendum to the qualified voters of the City of Memphis at the general election held on November 7, On November 7, 1978, the citizens of the City of Memphis voted to adopt the Charter amendment proposed by Ordinance No. 2766, and pursuant to the terms of that ordinance, the amendment took effect on January 6, As adopted by the voters in the referendum, the Charter amendment stated, in relevant part: 8

9 Case 2:11-cv Document 1 Filed 07/11/11 Page 9 of 17 PageID 9 Whereas the people of the City of Memphis desire that all negotiation of employment agreements between the City of Memphis and its employees be conducted in a spirit of good faith and with the intent to reach an equitable agreement in a reasonable period of time, and the people of the City of Memphis hereby find that the instigation of or participation in strikes against said city by any officer or employee of said city constitutes a serious threat to the lives, property and welfare of the citizens of said city and hereby declare as follows: (1) The City Council shall, by ordinance, set up procedures for arbitration of economic issues of municipal labor disputes by the Council or a Committee of the Council, and establish rules and procedure therefor; provided, however, neither the Council nor any Committee thereof shall engage in arbitration of economic issues of municipal labor disputes unless and until there has occurred an impasse on a total economic package, which impasse remains deadlocked for seven (7) consecutive days. 32. As required by the above Charter amendment, the City Council enacted an ordinance that established a mechanism to resolve the economic issues of labor disputes between the City of Memphis and its employees. That mechanism is generally known as the impasse procedure, and is codified at Sec of the City of Memphis Code of Ordinances. 33. Section states: A. General Provisions. Business day means a day other than a Saturday, Sunday or legal holiday under the laws of Tennessee. Economic items shall be defined as any items which relate to an identifiable portion of any recognized unit which items provide to those employees direct benefits, except that economic items such as pension benefits and any other items excluded by the Charter of the city, or other state laws shall not be considered economic items. Any item which does not involve any expenditure of city funds shall not be considered an economic item; provided, however, should any item be shown to arguably involve the expenditure of city funds it will be conclusively presumed to be an economic item. Negotiations deadline means that point in time which is ninety (90) days prior to the expiration date of a current memorandum of understanding, 9

10 Case 2:11-cv Document 1 Filed 07/11/11 Page 10 of 17 PageID 10 or, in the event of an economic reopener, ninety (90) days prior to the ensuing contractual period. Notwithstanding the foregoing, the negotiations deadline for contracts terminating June 30, 1994 only shall be April 15, Total impasse means that point at which each party declares its last position in economic matters to be final and each party declares such position to be unacceptable, or the parties do not reach agreement by midnight of the negotiations deadline. 1. Definitions. As used in this section the following terms shall have the indicated meanings: 2. The final position of the city on economic items as defined in this section shall be in writing and shall be designated as the final offer. If the city presents its final offer more than three business days prior to the negotiations deadline, then, after the city presents its final offer, the organization(s) shall indicate in writing its acceptance of that final offer or its final position on economic items as defined in this section. This response of the organization(s) shall be made before the negotiation deadline. 3. If the city makes its final offer to the organization(s) less than three business days before the negotiations deadline, the chief spokesperson of the organization(s) shall tentatively accept or reject the offer in writing at the same negotiation session that the final offer of the city was received. If the organization(s) rejects the final offer of the city, the organization(s), through its chief spokesperson, shall set forth in writing the final position on economic items, as defined in this section of the organization(s), at the time of the rejection of the final offer of the city and during the same negotiation session that the final offer was received. If after the tentative acceptance by the organization(s) of the final offer of the city, should the employees of the organization(s) fail to ratify the final offer of the city, then the final position of the organization(s) shall be its last position at the bargaining table, before the final offer of the city had been given. 4. Items, economic or noneconomic, mutually agreed to prior to the declaration of impasse as defined in subsection B of this section shall be made part of any future agreement or memorandum of understanding. Non-economic items not mutually agreed to prior to the declaration of impasse as defined in subsection B of this section will remain as stated in the previously agreed upon memorandum or agreement between the parties. 10

11 Case 2:11-cv Document 1 Filed 07/11/11 Page 11 of 17 PageID At any time before the point of impasse, either party (with written notice to the other party) may call for the appointment of a mediator to assist the parties in negotiating an agreement. It shall be the function of the mediator to bring the parties together to attempt to effectuate a settlement of outstanding issues. The mediator shall have no power to compel either of the parties concerning any aspect of negotiations or the agreement to be negotiated. The mediator may be selected by agreement of the parties (with each party agreeing to share equally in the costs) or by a request by either party to the Federal Mediation and Conciliation Service for the appointment of a federal mediator. B. Procedure After Seven Consecutive Days. In the event a total impasse is reached and the impasse continues for seven consecutive days ( seven-day period ), the following procedures shall be followed: 1. Each party, or any one of the parties, shall, before five p.m. on the next business day following the expiration of the seven-day period, give written notice to the chairperson of the Memphis city council, and, to the other party, that a total impasse in discussions has been reached (the impasse notice ). At the executive session or regular council meeting in the week next following the receipt of the impasse notice, the chairperson of the Memphis city council will conduct a drawing by lot to establish, from the members of the Memphis city council, a three-member impasse resolution committee, (the committee ). The first two selections will be for committee members and the third will be for the committee chairperson. At the meeting in which the chairperson of the committee is selected, each party shall deliver to the committee chairperson a notice that identifies the specific economic items which are at impasse. It is the duty of councilmembers to serve on impasse committees, if selected. 2. The committee shall develop a combined list of impasse items which must be in accordance with the final position of the parties in subsection (A)(2) of this section on or before five p.m. on the second business day next following the committee's selection. 3. Each party shall submit in writing to the committee the last best offer with respect to such items which each party proposed at the time of total impasse on or before the fourth business day next following receipt of the combined list of impasse items required by subsection (B)(2) of this section. The final position of each party as defined in 11

12 Case 2:11-cv Document 1 Filed 07/11/11 Page 12 of 17 PageID 12 subsection (A)(2) of this section shall be considered its last best offer for the purpose of this section. Any supporting information must also be presented at this time and all economic items must be addressed. 4. The committee is to determine which total package constituting the last best offer on economic items as defined in this section of either the city or the organization(s) shall be made part of the new memorandum of understanding between the city and the organization(s). The committee may not alter the last best offer of either party. 5. The committee shall establish its own rules and procedures and conduct such investigations and hearings as it deems appropriate but with adequate opportunity for the city administration and the organization(s) to present its position. The committee shall adopt for recommendation to the Memphis city council the last best offer on economic items as defined in this section of either the city or of the organization(s). 6. In an expeditious manner, but in no case later than thirty (30) days from submission of the dispute to the committee, a written report on the last best offers submitted by both parties and a recommendation of one of the offers as the final resolution of the dispute shall be immediately provided to both parties and all members of the Memphis city council. If, after receiving the committee's report, the council does not, at one of the next two regularly scheduled city council meetings, veto the recommendation by a majority vote of its membership, then the committee's recommendation shall be final. However, if the city council decides to take up the committee report as an agenda item, the parties shall be given at least forty-eight (48) hours notice. At the city council meeting when the committee report is to be discussed, each of the parties is to be given one hour to present a summary of the issues and their position. The council may then either accept the report of the committee or determine that the total package constituting the last best offer on economic items as defined in this section of the other party (the last best offer of the party not selected and recommended by the committee) shall be made part of the new memorandum of understanding between the city and the organization(s). The decision made by the city council shall become effective and the city council shall take whatever action is appropriate to implement. 12

13 Case 2:11-cv Document 1 Filed 07/11/11 Page 13 of 17 PageID Once this impasse resolution procedure has been implemented by notification of the chairperson as provided for in subsection (B)(1) of this section, neither party may alter their final position as defined in subsection (A)(2) of this section. However, either party may, at any time, accept the final position total package of the other party as originally submitted to the city council. Such acceptance shall be the final understanding. Further, the parties may mutually agree upon some or all items at impasse any time before final council action at positions the same or different than their final position. Such mutually agreed upon items will be removed from the impasse list of both parties by notification to the chairperson of the council and shall be made a part of any future agreement or memorandum of understanding. 34. Since its enactment, the Unions and the City have followed the procedures established by the impasse ordinance to negotiate the Memoranda of Understanding that control the terms and conditions of the employees represented by the Unions. 35. In October 2010, the City officially notified Union leaders of its intention to negotiate changes in the Memoranda of Understanding with the Unions. 36. On or about February 1, 2011, the Unions and the City began negotiations for the Memoranda of Understanding that would be effective for the period July 1, 2011 through June 30, In March 2011, the Unions and the City mutually agreed to the terms of the Memoranda of 1 Understanding pursuant to Sec (A)(4). 38. The above terms, mutually agreed by the Unions and the City, provide that the benefits, salaries, wages, and other forms of compensation included in the Memoranda of 1 All of the Unions reached agreement with the City on all the terms of their respective Memoranda except IAFF. The City and IAFF reached agreement on all terms of its Memorandum except one provision regarding binding arbitration. The City and IAFF agreed to all terms regarding benefits, salaries, wages and other forms of compensation. 13

14 Case 2:11-cv Document 1 Filed 07/11/11 Page 14 of 17 PageID 14 Understanding will remain unchanged during their effective period; and that either party may reopen negotiations after one year for purposes of negotiating wages only. 39. Pursuant to Sec , the Memoranda of Understanding became the final agreements between the Unions and the City as of April 1, By a memorandum dated June 24, 2011, the City advised the Union leaders that it would implement a wage reduction in the amount of 4.6%, and eliminate death benefits paid to the family of active and retired employees. 41. In addition, the City indicated that it would buy out certain employees of the Solid Waste Division; an act which is inconsistent with the terms of the relevant Memorandum of Understanding applicable to those employees. PLAINTIFFS FIRST CAUSE OF ACTION 42. The above allegations are hereby incorporated as if fully set forth. 43. As required by the City Charter amendment, Sec established a procedure through which the Unions could petition the City Council to redress grievances caused by an impasse in negotiations with the City over the Memoranda of Understanding. 44. The procedures established by the impasse ordinance are exclusive, detailed and specific. If there is no impasse before the final day of negotiations, then the terms agreed by the Unions and the City constitute the final Memoranda of Understanding. If an impasse arises, the ordinance lists the necessary steps and relevant deadlines for the final determination of the disputed economic terms by the City Council. If the parties do not resolve the dispute before the conclusion of the impasse procedure, the City Council must accept either the economic terms proposed by the Unions, or the economic terms proposed by the City. The 14

15 Case 2:11-cv Document 1 Filed 07/11/11 Page 15 of 17 PageID 15 Council cannot modify the terms of either proposal, but must accept one or the other in its entirety. 45. The City agreed with the Unions on the economic terms of the Memoranda of Understanding without invoking the impasse procedure. The Unions reasonably relied on the City s execution of the Memoranda, as well as the provisions of the impasse ordinance, to accept the negotiations as successfully concluded. As a result, the City s actions prevented the Unions from exercising their right to petition the City Council about the economic terms 2 pursuant to the impasse ordinance. 46. By subsequently disregarding the economic terms to which it agreed under the impasse ordinance and documented in the Memoranda of Understanding, the City failed to present its final economic proposal in negotiations as required by Sec ; and/or abrogated its agreement to those terms. 47. By failing to present its final economic terms in negotiations, and by abrogating the agreement resulting from the negotiations, the City deprived the Unions of their right to petition the City Council for redress under the impasse ordinance. This deprivation violates the First Amendment to the United States Constitution and 42 U.S.C PLAINTIFFS SECOND CAUSE OF ACTION 48. The above allegations are hereby incorporated as if fully set forth. 2 The City and IAFF submitted the one disputed item in their Memorandum, the arbitration provision, to the impasse procedure, where it is currently pending. That provision does not involve benefits, salaries, wages or any other form of compensation. The City and IAFF agreed on all compensation terms; and thus, like the other Unions, IAFF was deprived of its right to petition the City Council regarding those issues. 15

16 Case 2:11-cv Document 1 Filed 07/11/11 Page 16 of 17 PageID The City Charter amendment and impasse ordinance establish the exclusive legal procedure for negotiation and final determination of the economic terms contained in the Memoranda of Understanding between the Unions and the City of Memphis. 50. The economic terms of the Memoranda of Understanding include the compensation of City employees represented by the Unions, and the terms of the current Memoranda state that there will be no increase or decrease in compensation for at least one year. 51. City employees have a legitimate claim of entitlement to the economic terms determined pursuant to the impasse ordinance and documented in the Memoranda of Understanding. 52. By unilaterally reducing the compensation and benefits of its employees, in violation of the economic terms mutually accepted and established pursuant to the impasse ordinance, the City deprived its employees of a property interest without due process, in violation of the Fourteenth Amendment to the United States Constitution and 42 U.S.C PLAINTIFFS THIRD CAUSE OF ACTION 53. The above allegations are hereby incorporated as if fully set forth. 54. By unilaterally changing the economic terms and conditions of employment for its employees, in violation of the economic terms established pursuant to the impasse ordinance and documented in the Memoranda of Understanding, the City violated Section of the Code of Ordinances. 55. The Unions and the Class they represent are entitled to a declaratory judgment that the City violated Section of the Code of Ordinances. PRAYER FOR RELIEF Based on the above, the Plaintiffs respectfully request the Court grant the following relief: 16

17 Case 2:11-cv Document 1 Filed 07/11/11 Page 17 of 17 PageID A preliminary injunction, followed by a permanent injunction, requiring the City of Memphis to comply with the economic terms reached pursuant to the impasse ordinance and documented in the Memoranda of Understanding; 2. A finding that the City of Memphis violated the First Amendment rights of the Unions and the Class of City employees; 3. A finding that the City of Memphis violated the Fourteenth Amendment rights of the Unions and the Class of City employees; 4. A finding that the City of Memphis violated Section of the Code of Ordinances; 5. Compensatory, punitive and other damages in an amount to be demonstrated at trial; 6. Court costs and attorneys fees pursuant to 42 U.S.C. 1988; and 7. Any other relief the Court deems appropriate. Respectfully submitted, GODWIN, MORRIS, LAURENZI & BLOOMFIELD, P.C. 50 North Front Street, Suite 800 P.O. Box 3290 Memphis, TN Telephone: Facsimile: s\deborah Godwin DEBORAH GODWIN, No dgodwin@gmlblaw.com s\timothy Taylor TIMOTHY TAYLOR, No ttaylor@gmlblaw.com 17