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Thursday, March 29, 2007

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SPRINGFIELD, MA

Police gear up to speak out

NORTH PORT, FL

North Port police pay talks stalled

McALLEN, TX

Courts side with police and fire unions, but election now in doubt

CARLSBAD, NM

Carlsbad police may obtain contract

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Police gear up to speak out

From The Republican, March 29, 2007

 

SPRINGFIELD - With the Springfield Finance Control Board offering its first formal public speak-out tomorrow, the union president representing police supervisors plans to be among those jumping at the chance to be heard.

 

The state-appointed control board, which oversees the city, will conduct a 30-minute speak-out at 10:30 a.m., as a standard practice prior to its monthly meetings held at City Hall. Under the newly established rules, those wanting to speak will have to sign up before the meeting on a first-come, first-served basis, and each speaker will be limited to three minutes.

 

Lt. Edward H. Geier, president of the Springfield Police Supervisors Association, said supervisors will attend the meeting to further demonstrate their concern about their long-expired contract. He plans to speak on behalf of the union "in an effort to again get our message out to the control board members and the public."

 

The association, which represents 68 sergeants, lieutenants and captains, is the last union in the city without a contract settlement. The supervisors have not had a raise since Jan. 1, 2003.

 

The union conducted informational pickets last week during the NCAA Division II basketball championship games at the MassMutual Center in downtown Springfield.

 

The pickets began Wednesday and continued through Saturday, prior to all games.

Philip Puccia, executive director of the control board, has defended the last contract offer made to supervisors as being fair and affordable. Police supervisors said that a wage freeze in 2003 hit them harder than other unions, because of multiple raises lost to the freeze.

 

City Council President Kateri B. Walsh, who became the newest member of the control board in January, sought the addition of the public speak-out.

 

"I hope people take advantage of the opportunity to speak about concerns they have regarding decisions the control board might make," Walsh said. "I just think it's important for people to be able to speak in a public building at a public meeting."

 

The board meeting is scheduled for 11 a.m. and is expected to include an update on crime and crime strategies presented by Police Commissioner Edward A. Flynn.

 

The board is also expected to discuss the city budget and will receive an overview of health insurance costs and savings, Puccia said.

 

Puccia said the board welcomes the speak-out as an "additional venue for public comments."

 

North Port police pay talks stalled

Most issues are settled; the sticking point is raises for those at the top of their pay grades

From the Herald Tribune, March 29, 2007


NORTH PORT -- After a year of negotiating the police labor contract, talks came to a halt Wednesday when the city and the union could not agree on whether the most veteran officers should receive longevity pay.

While the city and the police have settled every other contract issue -- from how overtime is figured to staffing levels -- the two parties could not agree on how employees at the top of their pay grades should be compensated.

The police say their most senior employees should get an increase in their base pay every year of the three-year contract, helping the department beef up pensions and stay competitive with surrounding areas. But the city has proposed those employees get a lump sum annual bonus.

While neither side has declared an impasse, the police union's attorney is expected to draft the document making it official, starting a costly and often lengthy process.

Lt. Kevin Sullivan, the longest-serving member of the North Port Police Department, said in his 25 years he has never seen an impasse over the labor contract.

"We've never had this kind of problem," said Sullivan, who is one of about 10 officers already at the top of his pay grade. "We've always tried to be fair with them. And it's always worked out."

Under the city's latest wage proposal, officers would get raises of 6 percent to 17 percent. A starting officer's base pay would rise to $38,323. Sergeants would make $59,939 to $67,030, and lieutenants would make $70,884 to $79,270.

Fueling the police union's argument for higher wages is the massive pay overhaul other city employees received last year. Detective Tom Stella, a union representative, said some support staff in the department make more than officers.

If an impasse is officially declared, a special magistrate would likely be selected who would review the wage issue and make a recommendation.

If either the police or the city rejects the recommendation, the City Commission would decide what officers should be paid.

 

Courts side with police and fire unions, but election now in doubt

From the Monitor, March 27, 2007

The disputed wording:
“Should the City Charter be amended to require that outside arbitrators be the final decision makers in certain labor contract issues affecting city employees and the city budget rather than having the decision made by your elected mayor and city commission?”

EDINBURG — Unions for McAllen’s police and firefighters said the way city officials worded an arbitration measure on the May ballot was unfair.

On Tuesday, a state district judge agreed, ruling the city would have to reword the measure.

While police and firefighters won the hearing, they now face an uphill battle trying to work out an agreement with the city ahead of the May 12 election.

The McAllen Police Officers’ Union, along with the McAllen Firefighters Association, filed for an injunction last week protesting what they termed the “misleading and untrue” nature of the ballot language.

If the City Commission chooses to resolve the dispute in the courts, a settlement could be years away.

“If the city wants to hold the propositions off the ballot, well, I guess they can do that, but they’re violating their duty to the public,” said Sgt. Mike Zellers, the local police union president. “We’re willing to sit down with them to talk about creating some fair and neutral language. We could finish this up in an hour.”

Last month, McAllen police and firefighters collected 3,300 signatures asking that a proposition allowing binding arbitration in negotiations with the city be placed on the May ballot.

Legally obligated to do so, the City Commission voted to put the proposition on the ballot, but it also decided to put forward a separate proposition it created that outlaws the use of binding arbitration in any negotiations with city employees.

If both propositions were to pass, the city’s would cancel out the unions’, according to Bobby Garcia, attorney for the police union.

Craig Deats, general counsel for the Texas State Association of Firefighters, said the whole scenario is a new one to him.

“I’ve never seen a situation like this, where a city presented ballot language in such an unfair manner,” he said. “The issue is being placed before the voters, which is good, but it shouldn’t be slanted either way. The way they have it written now, it’s like calling an arbitrator a carpet bagger.”

Under binding arbitration, parties are required to argue their case before an independent panel and abide by the panel’s ruling when negotiations reach an impasse.

The city’s attorneys argued in court that the propositions aimed to explain in layman’s terms otherwise complicated legal terminology.

“I think the beauty of the language is it explains exactly what it is,” said C. Robert Heath, the attorney representing McAllen in the case. “Most people don’t know what ‘binding arbitration’ means.”

Contract negotiations between city officials and the police union broke off in October over union demands that the city increase its contribution to retirement pay.

“The city didn’t want this (issue) on the ballot to begin with,” said Zellers, the police union president. “In the past they’ve sat down to work out ballot language. They’re trying to pull this sneaky stuff, and that’s why the judge ruled against them.”

The firefighters union joined the police union’s suit last week, Deats said. The firefighters’ current contract expires in September, and negotiations with the city for a new contract are expected to begin this summer.

 

 

Carlsbad police may obtain contract

From the Carlsbad Current-Argus, March 26, 2007

 

CARLSBADCarlsbad police officers may get a long-awaited new contract today.

A collective bargaining agreement between the Carlsbad Police Officer's Association International Union of Police Associations Local 505 and the city of Carlsbad will be presented for the city council's approval and ratification when it meets today in regular session.

 

City Attorney Eileen Riordan said police union representatives have signed the contract, which will become effective upon the council's approval.

 

The union sought formal arbitration last fall to resolve its differences with the city in negotiating a new three-year contract. Informal negotiations failed earlier in 2006 and mediation was unsuccessful, leading the police union to seek formal arbitration.

 

At issue was a wage increase and longevity pay for police officers, with the city offering a raise that union representatives said does not keep up with the cost of living index or provide incentive for officers to stay with the department. The city's best offer is a 3.25 percent wage increase in the first year, and a 3 percent wage increase for each of the next two years. The union wanted a 5 percent wage increase for each of the three years of the contract.

 

In January of this year, members of the local union and city representatives met with a representative of the Federal Mediation and Conciliation Service — an organization that provides mediation and arbitration services to industry, communities and government agencies worldwide. Each side verbally presented its position to the arbitrator. The city and the police union also were required to submit their positions in writing by Jan. 23.

 

Riordan said the arbitrator ruled in favor of the city's last and best offer.

In addition to the wage, the contract includes buyback of unused sick leave upon retirement at one-third of value and revised standards for testing procedures, promotions and grievances.

 

Council will also consider a request from Police Chief Darrin McGilvray, who is seeking approval to utilize two patrol officer vacancies to create four community service officer positions.

 

In a memo to council, McGilvray explained that a community service officer is a "commissioned employee — although non-certified as a police officer is — performing duties which do not require a certified police officer to perform."

 

McGilvray said several police departments, including Hobbs, Artesia, Roswell, Farmington and Albuquerque, as well other police departments around the nation, have started utilizing this program that has proven to be very beneficial.

 

"With the growing demand for community police-related activities, the need for community service officers is an overdue and much needed program," McGilvray said.

 

He said that having four community service officers would be a bargain for the city.

"We would not require a personnel budget increase due to the fact that we are basically requesting four community service officers for the same cost, if not less, than two certified police officers. Furthermore, this program would use existing budgeted city equipment and uniforms so there would be no additional cost to the city," he added.

 

 

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