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Thursday, June 7, 2007

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POLICE CONTRACT NEGOTIATIONS FOR THE 21ST CENTURY       OCTOBER 25 & 26, 2007

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Negotiating Mistake No. 1

BOSTON, MA

Police get 14% hike in pay in contract

NEW YORK CITY

In Police Hiring Crisis, Clouds of Contention

NASHVILLE, TN

Budget slashes cops' pay raises

YOUNGSTOWN, OH

Ytown labor pacts grant raises, more perks

SANTA FE, NM

Pay hike may help lure new police officers

FORT LAUDERDALE, FL

Lauderdale police say pay, staffing too low, violent crime up

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CONTRACT NEGOTIATIONS  NEGOTIATIONS RESEARCH

 

Negotiating Mistake No. 1

 

Opening negotiations with proposals is the quickest route to impasse.  Think about how this is normally done.  You present proposals on the first day of negotiations and then immediately go into a sales pitch based on fairness and equity, only to have it rebuffed by the city’s negotiator.  Two things are wrong with this scenario.  First, tying to introduce a solution (proposal) before identifying the problem that your solution seeks to rectify is foolish.  Second, an argument based on fairness and equity is absolutely the worst case that can be made.  The city is not motivated by such pleas.

 

Success relies on first rolling out the problem and identifying the cause.  Only then should you present the solution (proposal).  The problem has to be a problem for the city, not you.  Your being over-worked and under-paid is not a problem for the city.  For your negotiations to have the best chance of success, you must make the argument (the case) before presenting the solution (proposal).

 

For further explanation of this and many other negotiating tips, plan to buy The Police Negotiator’s Handbook, POLICEPAY’s new book which will be available later this summer.  This book is written by Ron York, POLICEPAY.NET president, and is based on nearly forty years of experience with public safety negotiations.

 

 

Police get 14% hike in pay in contract

Healthcare costs set to increase

From the Boston Globe, June 3, 2007

 

A new four-year contract would give Boston police officers a 14 percent pay hike but require them to pay more for health care, city officials said yesterday.

 

Mayor Thomas M. Menino called the contract, which will be retroactive to July, "a win for both sides."

 

The contract, which the city and union negotiators agreed on Thursday, would also allow officers to live outside the city after a decade of service, shift about two dozen officers from behind their desks to the streets , and toughen drug testing rules.

 

Menino said that while the city had sought a lower pay hike, it had settled for 14 percent because the union's 1,400 officers would shoulder an increase in their contribution for health insurance costs, from 10 to 15 percent.

 

State troopers also pay 15 percent , which is less than the 20 percent most city employees pay, said John Dunlap , the city's director of labor relations .

 

"That was a big part of what we were seeking," Dunlap said. "Ten to 15 years ago, healthcare was the backwater of labor negotiations, but today, it is at the top of the list of issues."

 

Yesterday, the terms of the contract were presented to the board of the Boston Police Patrolmen's Association, which represents all officers in the city, and it unanimously voted to present the contract to the union at large June 18 for ratification, according to association president Thomas Nee.

 

Menino "had issues he valued, and we had issues we valued, and there are always consequences in that give and take," Nee said. "But we're pleased with what we came away with."

 

Police were among the highest-paid city employees last year, according to city figures released to the Globe earlier this year. Of the 125 highest-paid employees, all but one were police officers. In 2006, the average uniformed police officer made $113,617, including $35,600 in detail and overtime. But union officials maintain that the overtime and detail pay are not part of an officer's normal pay and can fluctuate.

 

The contract's pay increase and residency provisions are similar to those in contracts recently ratified by the Service Employees International Union and the American Federation of State, County, and Municipal Employees, which together represent about 2,200 city workers.

 

Dunlap predicted the loosening of the residency rule, which has been on the union's wish list for a long time, would not translate into an exodus of officers from the city.

Under the current contract, an officer who fails an annual drug test is suspended for 45 days without pay, must enter into a rehabilitation agreement, and must submit to random drug tests for three years. Under the new contract, the officer would have to submit to random tests for the rest of his or her career.

 

The new contract also calls for civilians to take over desk jobs held by 23 officers, freeing them to patrol the streets.

 

City and union negotiators met in at least 25 bargaining sessions since the last contract expired in June 2006. Along the way, Menino and Nee mended a once-frayed relationship. A highly publicized, bitter dispute between the two had resulted in police picketing outside the Democratic National Convention in 2004, and an arbitrator was called in to settle the terms of a contract, awarding the officers a 14.5 percent pay raise over four years.

 

"He understands it's not about the past, but about the future," Menino said of Nee. "We both agreed it was time to work together because we all want the same goals. A few years ago there were some real issues there but not now." 

 

In Police Hiring Crisis, Clouds of Contention

From the New York Times, June 3, 2007

 

Any hope for a quick end to the long-running contract dispute between Mayor Michael R. Bloomberg and the city’s main police union seemed to vanish last week when the union appealed a state official’s order for arbitration to move forward.

 

A top Bloomberg aide seized on that appeal to accuse the police union, the Patrolmen’s Benevolent Association, of cynically delaying action in order to worsen the city’s crisis in recruiting police officers.

 

“I guess their view is that at some point if they can hurt the department as much as they can, at some point the mayor will just change his mind and we’ll just throw money at them,” said the aide, James F. Hanley, the city’s labor commissioner.

 

That, he said, is not going to happen. Rather, Mr. Hanley, the city’s top labor negotiator, said the city will continue to do what it has traditionally done: offer the police union the same percentage raises it has offered the firefighters and other uniformed unions.

 

The Police Department’s recruitment crisis is so serious — hurt by the low starting salary of $25,100 — that there will be just 800 cadets in the Police Academy’s new session, just one-third what the city had hoped. City officials fear that there will be even fewer cadets in the January session.

 

From City Hall’s view, the faster the contract dispute is resolved, whether through arbitration or negotiation, the faster the city can raise salaries for cadets and experienced police officers and the faster the recruitment crisis will end.

 

The patrolmen’s union says it is neither delaying resolution of the dispute — the union’s contract expired 35 months ago — nor seeking to worsen recruitment problems. Rather, the union argues that Mr. Bloomberg is to blame for the recruitment crisis.

 

Union officials say that the mayor has been far too stingy about raising police pay, especially when police salaries are far higher in Nassau and Suffolk and for the Port Authority.

 

Patrick J. Lynch, the union’s president, said, “The problem can be solved today if the mayor recognized the simple fact that only competitive pay will keep the N.Y.P.D. adequately staffed.”

 

Mr. Lynch’s goal is to pressure the mayor into giving raises considerably larger than those received by the other uniformed unions.

 

The annual base pay rate for the city’s police rises to $32,700 after the first six months and tops out at $59,588 after five and a half years. In Suffolk, top pay is $97,958 after five years; in Nassau, it is $91,737 after seven years.

 

Last week the union appealed a decision by Richard A. Curreri, a top official in the state’s Public Employment Relations Board, in which he ordered the city and the union to select the chairman of a three-person arbitration panel from a list of nine arbitrators.

 

The union had originally refused to participate in the selection process, arguing that two of the nine arbitrators were biased because a decade ago they had joined a decision that ordered a two-year wage freeze for police officers. That decision followed the pattern of wage freezes previously established by District Council 37 and other unions.

 

Mr. Curreri had ruled that those two arbitrators should remain on the list, saying they were respected figures — one, Arnold M. Zack, is a former president of the National Academy of Arbitrators. Unhappy with Mr. Curreri’s ruling, the union has appealed to the full Public Employment Relations Board, asking it to remove those two arbitrators from the list.

 

Mr. Hanley, the city labor commissioner, said the appeal was a crass delaying tactic that was bound to fail. He asserted that if the police union had not kept appealing one decision after another, the contract dispute would have already been resolved and the union’s 23,000 members would already have received raises.

 

“At this point, I think he’s hurting his own members,” Mr. Hanley said of Mr. Lynch. “They are delaying a raise.”

 

But it is not at all evident that police officers believe that Mr. Lynch is hurting their cause. Indeed, he recently ran unopposed for a third four-year term. And on Friday, ballots were counted, in a formality that affirmed his victory.

 

Mr. Lynch says rank-and-file police officers agree with his contention that they deserve a raise higher than the 4-percent-a-year pattern received by other unions. He argues that 4 percent raises will in no way slow the exodus of New York police to the suburbs.

 

Mr. Lynch says he is seeking to knock the two arbitrators off the list to maximize his union’s chances of getting an arbitration ruling that awards the police more than the pattern obtained by other unions.

 

Mr. Hanley predicted that an arbitration panel would award the police union the same raise — 8.16 percent compounded over two years — that the city granted to the Uniformed Firefighters Association in a contract settlement in March. Noting there has been dollar-for-dollar pay parity between the police and firefighters since 1898, Mr. Hanley said it was doubtful arbitrators would turn their backs on that tradition.

 

But Michael Murray, the union’s general counsel, argued that neither Mr. Bloomberg nor an arbitration panel should be beholden to parity.

 

“Why should parity matter when you’re approaching a situation where people in the city are going to be endangered when the city can’t hire enough police officers?” Mr. Murray said. “Why should we be handcuffed by an arbitrary construct like parity?”

 

Budget slashes cops' pay raises

Union says salary proposal cheats younger officers;
Public hearing to be Tuesday


With public safety a top priority for Nashville's mayoral candidates, a proposed change to the city pay plan threatens to undermine morale among Metro officers who expected higher benefits, union officials said.

 

"Most of the folks that get affected are the entry-level employees; they're starting families, paying bills, buying houses, and they're counting on the money," said Danny Hale, president of the Nashville Fraternal Order of Police.

 

"The mayor's got a budget to balance; I get that. But there are other places that cuts can be made, and it does not have to be on public safety."

 

Mayor Bill Purcell has proposed giving all city employees a 3 percent pay raise next budget year and suspending pay raises based on factors such as time in service and promotion. Currently, qualifying employees receive those pay "step increases" in addition to an across-the-board raise, which was 2 percent in 2007.

 

The step increases apply mainly to young police officers and firefighters, who were told during recruitment that they could count on step increases every year for 10 years, or until their salaries reached a "topping out" point.

 

With the step increases, public safety employees who would receive them — including more than 70 percent of police officers and 54 percent of firefighters — would have received a total raise of about 4 percent.

 

Job cuts are alternative

 

Metro Finance Director David Manning said the change in pay structure was prompted by an unusually tight budget, adding that the change will save the city almost $5 million next budget year.

 

Manning warned that reversing the proposal could mean the loss of 108 city jobs, 41 of which are in the public safety sector.

 

"The issue is whether or not we want to cut the jobs of some workers in order to increase the salaries of other workers," Manning said. "The only thing you can do is raise taxes, which both the mayor and council have ruled out, or make tough choices."

With the police force already understaffed and unable to attract recruits, however, Hale called the possibility of 41 cuts an "idle threat."

 

He and other public safety employees, facing manpower shortages and seeking new means of recruitment, said the elimination of step increases would make attracting new recruits to their line of work a harder sell.

 

Ron Dunaway, Metro police liaison officer between the department and the Teamsters Law Enforcement League, explained that suspending step increases for even one year could have a permanent effect on the maximum salaries that new officers had expected, leaving them thousands of dollars short in the long run.

 

"That's a terrible thing for Mayor Purcell to do on his way out the door," he said. Purcell's term ends this year.

 

The ability to shift spending priorities fell to the Metro Council on Tuesday, after the Civil Service Commission approved Purcell's budget by a 3-2 vote.

 

Council must act

 

Union representatives for city employees, including public safety officers, plan to voice their concerns to council members at a public hearing Tuesday. The council must pass a new budget by the end of June.

 

All the major candidates for mayor have said public safety will be a top priority of their administration. The election will be in August, with a runoff likely in September.

 

Councilmen Rip Ryman, chairman of the council's Budget and Finance Committee, and Jim Shulman agreed that maintaining step increases would send a message to Metro employees that their salaries are secure. Finding funds in next year's budget to maintain the current pay system will be one of their top priorities, they said.

 

"We're going to have to dig pretty hard to find those resources," Shulman said. "I don't think we've moved that much money in a while, but this is important."

 

Many city employees outside the public safety sector have expressed acceptance of Purcell's proposal, especially those for whom the revised plan would secure a larger raise than expected. And Manning stressed that the Metro government historically has done better than many private businesses in accounting for inflation and maintaining competitive salaries.

 

Many in the firefighting and police forces whose salaries are beyond the 10-year topping-out point remain opposed to a suspension of step increases.

 

"I'm not saying the older people don't need a raise, too," said Doug Conquest, who's been a firefighter for 32 years and is the president of the Nashville firefighters union. "But I wouldn't want an extra 1 percent on the backs of our younger employees."

 

 

Ytown labor pacts grant raises, more perks

From the Vindicator, June 7, 2007

 

YOUNGSTOWN — The city approved three-year contracts with two of its labor unions that include pay raises and increases in other perks, but also require members to pay more for health insurance.

 

City council approved the contracts Wednesday with the Youngstown Police Ranking Officers Unit and the Teamsters Local 277.

 

The first union represents 66 police detective sergeants, sergeants, detectives, lieutenants and captains and the latter represents 32 workers in 22 job classifications in the street department.

 

The ranking officers will receive at least a 10.5 percent salary increase over the three years.

 

It could be higher, however.

 

The contract states base pay for its lowest-paid members must be at least 15 percent higher than the top rate for patrolmen. If it isn't, the base rates for the brass will increase to that percentage. The patrolmen have worked without a contract since Nov. 30, 2006.

 

Ranking officers also received increased hazardous duty and longevity pay and a higher uniform allowance.

 

A fair settlement

 

But the union agreed to pay 10 percent of its total monthly health-care premiums with caps that increase every year. Under its former deal with the city, members were paying 3 percent of the premiums with lower caps.

 

"It was a pretty fair settlement," said city Finance Director David Bozanich. "We cleaned up a lot of language on workers' compensation and management rights. We may have given a little more than we wanted in terms of salary."

 

The executive summary of the contract by the city says this contract "was in poor shape structurally."

 

Also, the summary stated this and the patrolmen's contracts' "poor structure and language had put the city in a position where it constantly had to address grievances over ambiguous language and spend needless hours dealing with basic contract administration issues."

 

The sides agreed to limit grievances to disputes that interpret the contract. "Previously, the union could grieve virtually any dispute," the executive summary states.

 

 

Pay hike may help lure new police officers

From The New Mexican, June 5, 2007

 

City cops’ salaries would be highest in area if 6 percent increase is approved

Santa Fe police officers will rank among the highest paid cops in the area if union members and the City Council approve a recently negotiated contract.

 

That’s according to a comparison of starting salaries for officers with no experience and what those officers would make after a year on the job at various area law-enforcement agencies, including the Albuquerque Police Department, Rio Rancho Department of Public Safety, New Mexico State Police and the Santa Fe County Sheriff’s Department.

 

Currently, Santa Fe officers with no experience who haven’t yet attended the police academy make $14.25 an hour, Capt. Gary Johnson said. That salary goes up to $16.90 after one year of service, including successful completion of the academy, he said.

 

If the recently negotiated 6 percent raise is approved by union members today, the salary will jump to $15.10 an hour to start and to $17.91 after a year. The raise would be the second pay increase for police officers in the last year, following a $1.5 million property tax increase meant to benefit public safety workers approved by the City Council in August.

 

The officers’ current contract is set to expire June 30. Union representatives have said the new contract is designed to help alleviate recruiting and retention woes that have plagued the Santa Fe Police Department for the last two years. The department currently has 18 vacancies.

 

Santa Fe’s starting hourly wage is second only to officers in Albuquerque, who begin at $15.39 an hour, said John Walsh, a spokesman. However, Albuquerque officers who have been on the job for more than a year make $17.32 an hour, nearly 60 cents an hour less than Santa Fe officers with a year under their belts.

 

Of the five area agencies, the Santa Fe County Sheriff’s Department pays the least. Deputies there start at $13.50 an hour and move to $15.05 an hour after a year. The department currently has seven vacancies, said Sheriff Greg Solano.

 

The next lowest starting salary for a police officer with no experience is at the New Mexico State Police Department, where such officers make $14.80. However, the number jumps to $17.48 an hour after the officer completes the academy and has been on the job for a year, said Peter Olson, a spokesman. State police do not allow officers who have not yet attended the police academy to work as police officers, Olson said.

 

The Rio Rancho Department of Public Safety starts officers at $14.96 an hour, which increases to $15.56 an hour after a year, said John Francis, a spokesman.

 

Members of the Santa Fe Police Officers Association are scheduled to vote on the new contract today from 6 a.m. to 6 p.m. at the Fraternal Order of Police, 522 Airport Road. The hike would still need City Council approval if officers approve it.

 

 

Lauderdale police say pay, staffing too low, violent crime up

From the South Florida Sun-Sentinel, June 2, 2007

 

FORT LAUDERDALE · All is not well at the Fort Lauderdale Police Department, according to a new union survey.

Morale is abysmal, the city is a bad place to work and things just aren't going in the right direction, the local Fraternal Order of Police survey of more than 300 police employees found. The respondents represented about 65 percent of the department's workers.

Then, there's the pay issue, advertised on a newly erected billboard off Sunrise Boulevard just west of Interstate 95. It reads: "Your Fort Lauderdale Police Officers want to Thank You for your support. Paid for by the lowest paid Police Officers in Broward County."

"There's trouble in paradise" said Sgt. Mike Tucker, union vice president. "This place used to be paradise to work."

More than 94 percent of those surveyed said morale at the department was poor or very poor, according to the union.

Sixty-seven percent said the city isn't a good place to work and more than 83 percent wouldn't recommend working there.

About 90 percent said they think the city is moving in the wrong direction.

Police Chief Bruce Roberts could not be reached for comment Thursday or Friday. City officials dispute the survey as nothing more than tactics to influence contract talks.

"The FOP has maybe an agenda is too strong a word here -- a perspective that is being used to leverage their position at the negotiation table," said Assistant City Manager David Hebert. "I would not lend validity to the FOP's actions at this stage."

For the billboard, union officials surveyed Broward police agencies to determine how much a 10-year veteran makes, a common figure used to lure new recruits.

Fort Lauderdale is at $63,897 -- second-lowest in the county, after Lauderhill. The union worries that officers will leave and current salaries will make recruiting more difficult.

"We're not asking to be paid like doctors. We're not asking to be paid like lawyers. We're asking to be paid competitively with others in our career field," said Sgt. Mitch Van Sant, second vice president of the police union.

Hebert countered that the city's own surveys show that if all the benefits a Fort Lauderdale officer receives are included, the department is competitive. He said the city results were not available because they are still being compiled.

The union says violent crimes rose over the past three years, yet the department remains understaffed by more than 40 officers.

Hebert said the number is closer to 35, but the department is below 1990 staffing levels, according to statistics kept by the Florida Department of Law Enforcement.

"Crime waits for nobody and if there are less cops on the streets, crime will rise," Tucker said.

Hebert said the department has an adequate number of officers and that they are able to do more with less these days. He said statistics for the last 18 months show overall declines in crime.

"We remain effective in addressing the issues of crime," he said. "The truth is, this is a success story."

The city's crime statistics, however, show increases in homicides, rapes, robberies and aggravated batteries from 2005 to 2006.

The police union contract ends Oct. 1 and despite the acrimony, Hebert said he's confident the city and police union will find common ground.

"I am absolutely convinced and committed that this department will be treated equitably and fairly and has every right to expect that to be the result of our contract negotiations," he said.

 

 

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