The POLICEPAY Journal®

Thursday, January 11, 2007

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Matt Barnard, Editor   matt@policepay.net    (405) 701-8616  

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STAMFORD, CT

Tentative deal reached in alleged sickout

NEW YORK CITY

Thin crop steps up to Blue line

NORWALK, CT

City and Police Union at Impasse

WICHITA, KS

Stalled WPD Contract Negotiations

LAS CRUCES, NM

Proposed contract would make local cops some of highest paid

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Tentative deal reached in alleged sickout

From the Advocate, January 11, 2007

STAMFORD - The police union yesterday tentatively agreed to pay the city $90,000 and to dock officers' vacation days for each sick day they took during the alleged "blue flu" sickout late last year.

Union leaders would not comment yesterday, but city officials said they expect to sign an agreement today that does not include a statement from the union admitting it organized the "blue flu" starting Nov. 28.

The agreement, if signed, would end a state investigation into the alleged sickout that could have resulted in the decertification of the union and discipline against union leaders, city officials said.

An organized sickout would violate state labor law and the police union's contract with the city, experts have said.

"We've been saying all along this was an unlawful action," said Dennis Murphy, the city's lead labor negotiator. "And now they've agreed to reimburse the taxpayers."

The police union's contract with the city bans any "walkout, picketing, stoppage of work . . . or any other interference with the operations and maintenance of the department."

Though union leaders did not admit guilt, Murphy said, "it is clear to any reasonable reader that the agreement speaks for itself."

Union officials have denied organizing the sickout, which city officials say started on the midnight shift Nov. 28, when 13 of the 26 patrol officers scheduled to work called in sick.

An average of 23 patrol officers called in sick over the next three days, up from about four per day over the previous six months, according to department records and statistics released by the city.

City officials were investigating injury claims made during the sickout after finding that about half the claims lacked doctor's notes.

They said they also had subpoenaed phone records from two union officials, hoping to prove they organized the alleged sickout.

Those two union officials, identified as Officer Michael Merenda, the union president, and Officer Jessica Bloomberg, the union secretary, testified before the state Labor Board during a hearing last month.

Merenda denied organizing the sickout, officials said, and Bloomberg invoked her Fifth Amendment right against self-incrimination when asked about the alleged sickout.

Testimony was to resume this month, but the investigation will end if the union signs the agreement that its members approved at a meeting yesterday afternoon, according to city officials.

The agreement calls for the union to repay the city about $90,000 - the amount the city spent on overtime to hire officers to replace those out sick, said Murphy and Nancy Markey, the city's assistant director of human resources.

Police Chief Brent Larrabee also confirmed details of the agreement.

The police union's attorney, Robert Krzys, said he would release a statement after the two sides had signed an agreement.

"We don't comment on an agreement until it's a fully executed, signed agreement," he said.

Under the proposed terms, all officers who called in sick from Nov. 28 to Dec. 6 would lose a vacation day for each day they called in sick, Markey and Murphy said.

They would regain any sick days used during that span, Markey said. Officers will keep their vacation days if they can provide proof of an illness.

Some officers also will lose vacation days for taking bereavement leave during the alleged sickout if no one in their family had passed away in recent weeks, Markey and Murphy said.

The city also will continue investigating injury claims after finding no documentation backing claims for about half the 50 officers who took paid injury leave during the alleged sickout.

As part of the agreement, the union would promise not to organize any unlawful job action until its next contract runs out. That would probably be after 2010 or 2011, Markey said.

If the city accuses the union of breaking the promise, the Labor Board will hear the city's complaint on an accelerated schedule as part of the agreement proposed yesterday, Murphy and Markey said.

The union forfeited its right to appeal any future Labor Board ruling against it, city officials said. The union agreed to pay at least $5,000 in damages for any future violation found by the Labor Board. Both sides would drop all other complaints if they sign the agreement.

Those include an injunction the city filed last year in state Superior Court in Stamford and a complaint with the American Arbitration Association alleging the union violated its contract with the city.

 

Thin crop steps up to Blue line

From the

 

 

The NYPD has hired only 1,148 cops for its latest Police Academy class, a shortfall of 940 that top brass blamed on meager starting salaries.

 

"We have not reached the goal," Police Commissioner Raymond Kelly conceded after the class was sworn in yesterday at Brooklyn College.

 

Kelly blamed the city's puny starting annual wage of $25,100 for crippling efforts to hire the 2,088 recruits needed.

 

"No one becomes a cop to become rich," Kelly said, "but you have to at least be able to survive."

 

Mayor Bloomberg had wanted to hike the NYPD roster by 800 officers to 37,838, the first increase in a decade. The incoming class will barely cover retirements and attrition.

 

Kelly said he was optimistic the city and the largest police union, the Patrolmen's Benevolent Association, could craft a new contract with higher starting salaries - through negotiations or binding arbitration - before the next academy class in July. The last pact expired in July 2004.

 

The PBA, however, has rejected a list of arbitrators, contending two men on the list were biased and had awarded 0% raises in the past.

 

If the union continues to question the process, the Bloomberg administration's choice to chair the panel could automatically get the job, sources said.

 

Recruits sworn in yesterday noted that NYPD salary, benefits and overtime pay would improve over the years.

 

"There's more to a career than just the pay," said Samuel Fagin, 29, a lawyer who left a civil practice to join New York's Finest.

 

Fagin said he had always wanted to be a cop, a goal reinforced by volunteering for more than a year as an auxiliary officer in the 20th Precinct on the upper West Side.

 

Another lawyer, Kerry O'Connor, decided police work would be more rewarding.

"I was a lawyer for two years, two months and aday or two," she said, rattling off the time like a prison sentence. "As you can tell, it was not forme."

 

 

City and Police Union at Impasse

From The Norwalk Citizen, January 4, 2007

 

Having failed last month to reach an agreement on a contract for police, the city and the union have begun the arbitration process, according to Personnel Director Jim Haselkamp on Tuesday.

 

Under the binding arbitration process, a three-person panel hears evidence from both sides on each issue in the contract. Haselkamp explained. "Each side puts in an offer, issue by issue, and the panel picks either the union's or the city's." The process is expected to begin in late February or early March, and is likely to take several months, according to Haselkamp. The panel is made up of a neutral arbitrator and two advocates one for the city and one for the union, said Haselkamp. He noted that Larry Foy would serve as the neutral arbitrator while attorney John Romanow would represent the city. On Tuesday, President Marc Lepore said his union's representative would be Jim Howell, executive director of the Connecticut Council of Police Unions AFL-CIO 15. According to Haselkamp, both sides would also be represented by an attorney who would present evidence and negotiate on their behalf to the arbitration panel. Bob Murray will represent the union and Saranne Murray of Shipman & Goodwin LLC, will represent the city, said Haselkamp.

 

Haselkamp said state law dictates that police officers continue to work under their old contract which expired on June 30 until a new one is agreed upon. Haselkamp, Police Chief Harry Rilling, and union president Sgt. Marc Lepore all refused to disclose the specific terms of the latest proposed contract, which was rejected by the union on Dec. 20.

 

"From my perspective, we were very disappointed in the rejection of the contract," said Haselkamp. "I think we were surprised at the rejection because it was a good contract for [the union]. I think both parties achieved some of their objectives. The types of increases we were giving we believed were competitive and fair." He added, "I've had some discussions with the mayor and he shares those sentiments."

 

On Dec. 29, Rilling also expressed disappointment at the rejection. "I hope that eventually both sides can come to an agreement because it's never a good thing when two parties disagree on something like this. I'm just hoping it gets resolved."

 

According to Lepore, the union represents 170 police officers.

 

 

Stalled WPD Contract Negotiations
From KWCH, January 5, 2007

 

The Wichita Fraternal Order of Police plan to protest Friday at City Hall. The FOP are in stalled contract negotiations with the city and hope to gather public support for their cause.

 

On Thursday, city officials spoke about the negotiations to also garner support. City officials say they can't afford union demands.

 

"The city would have to decide whether to raise taxes or reduce spending," said City Manager George Kolb. "That could include a reduction in the police department."

 

The police union is asking for a 6 percent raise. The city is offering 2 percent. Kolb says anything more puts the city at financial risk. The city says it will cost 25 million dollars over three years.

 

"The proposal will put us in jeopardy," said Kolb.

 

But union leaders say they don't know where the city came up with those figures.

"I don't know what math they're using but it's nothing that I've ever seen in a school," said Sgt. Chester Pinkston, FOP President.

 

Pinkston says the city is using scare tactics to get their way. They say the city did the same thing during contract negotiations in 2004.

 

"At that time, Kolb specifically said if he gave police officers a 3 percent raise he'd have to lay off 30 officers and cut city services," said Pinkston. "I want to point out at no time 30 officers have been laid off not even one officer has been laid off. To the best of my knowledge no city services have been cut."

 

The current police contract runs out Friday at midnight.

 

 

Proposed contract would make local cops some of highest paid

From the Sun-News, January 5, 2007

 

LAS CRUCES — A contract that would make Las Cruces police among the best-paid law enforcement officers in New Mexico is ready to be presented to the Las Cruces City Council for final approval.

 

The highlights of a tentative three-year agreement between the city and the Las Cruces Police Officers Association includes an incremental 10.5 percent pay raise over the next two years, with an additional 3.5 percent hike upon approval of the contract by City Council. Additionally, it calls for a 3.5 percent increase for city codes officers, animal control officers, transport officers, and evidence and National Crime Information Center technicians.

 

The contract includes a provision that city officials and association representatives will meet in the fall of 2008 to determine if salaries for the third year of the agreement need to be adjusted.

 

"These increases continue our (city's) favorable position regarding salaries paid to public safety personnel in the state," said Andre Moquin, the city's director of human resources.

 

Officer Bill Standridge, police officers association president, said it is "a very good contract" that will go to City Council for approval on Jan. 16.

 

"There are a lot of good benefits that have been added," Standridge said. "Those include additional health and safety benefits, and burial benefits. ŠThis should put us right about the top of the state for salaries and benefits."

 

If an officer is killed in the line of duty, the city would pay all funeral expenses. The city would also pick up any co-pay costs officers, and their families, could incur for vaccines after being exposed to diseases such as hepatitis or tuberculosis.

 

A $1,200 annual clothing allowance would help police investigators pay for coats, ties,

slacks and shoes they wear while on duty. Currently investigators pay the entire cost of dress clothes they use on the job.

 

"Other amendments include additional pay for bilingual officers, certified animal control officers and senior patrol officers," City Manager Terrence Moore said. "Such provisions will also aid in our efforts to continue recruiting future professionals interested in law enforcement service in our community, employee retention, as well as to maintain our statewide competitive position."

 

The contract also includes a provision that enables the city and the police union to negotiate salary adjustments for the third year of the contract.

 

"This will let us sit down and talk about economics for that third year," Standridge said. "Nobody knows what the economy might look like three years from now, so this will be beneficial for both sides."

 

Carla Montoya, a Las Cruces medical office assistant, said the proposed contract seems to be fair.

 

"Nobody can really pay police enough for what they and their families have to go through," Montoya said. "But this sounds about as good as the city can make it for police."

 

Moquin said contract negotiations didn't hit any snags.

 

"The process was swift compared to previous negotiations, with lively debates yielding what I believe to be a fair, workable agreement that is in the best interest of the union membership and the city," Moquin said.

 

 

CONTRACT NEGOTIATIONS

 

POLICEPAY provides complete contract negotiations for your bargaining unit.  We will:

 

  • Do all of the research work – wage survey, costing analysis, financial ability-to-pay
  • Train your executive board how to lobby and politic (at your place)
  • Meet with the key decision makers in your city – Chief, Mayor, Administrator
  • Provide all preparation for contract negotiations
  • Serve as your lead negotiator

 

Our fee will be a fixed amount that is agreed to up front.  The fee will include all costs, even travel and hotels.  There will be no surprises.  We offer options with no up front payment.  You can make equal monthly payments.  If your contract is 36 months, you will make 36 monthly payments.

 

During the term of the contract, we will:

 

  • Update your wage survey whenever there is a change
  • Update ability-to-pay reports annually
  • Provide monthly reports on major revenue (if data is available)
  • Meet with you annually to review strategies

 

If we are not able to reach an agreement with your city, we will provide arbitration services at no additional cost.  We intend to get an agreement.

 

Our approach to contract negotiations is different than what you are probably used to.  We engage in non-confrontational negotiations that rely on developing relationships.  However, we do not use so called “win-win” negotiation.  It’s a loser for you.  There will be no unfair labor practice complaints filed by us or lawsuits and grievances.  If that is what you are wanting you need to call the usual knucklehead lawyers that have been screwing up police negotiations for years.  Intimidation and blustering are not in our arsenal.

 

If you prefer to negotiate yourself we can provide any of the services listed above, with the same payment plans, only at lower rate.  If this is the way you want to go, you need to attend one of our negotiation seminars.  The upcoming seminars are listed on our website.

 

For more information, give us a call at (405) 234-2235, or contact Matt Barnard on his cell phone at (405) 413-6517. You may also email Matt at matt@policepay.net.

 

 

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