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Thursday, June 21, 2007

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Negotiating Mistake No. 3

SAN FRANCISCO, CA

Supervisors block police contract with 25% pay raise

NORWALK, CT

Police Get New Contract

PARADISE VALLEY, AZ

PV council OKs funds for police pay, benefits

ANDOVER, MA

Patrolmen, firefighters near pact; 9.1 percent over three years

LOMPOC, CA

Police labor talks

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Negotiating Mistake No. 3

Failure to set the expectations of your membership makes successful contract negotiations virtually impossible.  No matter what you are able to obtain, it will not be seen as sufficient unless it meets your members’ minimum expectations.  Most negotiations begin with the membership thinking that some huge increase will be achieved at the negotiating table.  When that does not occur, which is most of the time, they become angry and vote down the agreement.  The time to deal with this problem is well in advance of the first negotiating session.

 

For a further explanation of this and many other negotiating tips, plan to order 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.

 

 

Supervisors block police contract with 25% pay raise

Union head accuses board of playing politics, may request arbitrator in future

From The San Francisco Chronicle, June 20, 2007

 

The San Francisco Board of Supervisors blocked a contract for city police officers that would have raised wages 25 percent over the next four years, a pay boost the police union and Newsom administration say is necessary to stay competitive with other departments in the region.

 

Led by supervisors who have been at odds with the mayor over budget priorities and law enforcement strategies, the board voted 7-4 to send the contract back for a committee hearing.

 

Supervisor Chris Daly questioned whether money should be "slated to go into the pockets of cops" while the board is being asked by the Newsom administration to accept $6 million in cuts to public health programs.

 

He also questioned the timing of negotiations by the Newsom administration that led to the proposed police contract, noting that this is a mayoral election year.

 

Supervisor Tom Ammiano, who also voted to delay the contract, noted the city needs to find a way to lower the crime and murder rate. "Police are definitely part of the equation, but there are other parts of the equation," Ammiano said.

 

Supervisors Bevan Dufty, Sophie Maxwell, Ross Mirkarimi, Aaron Peskin and Gerardo Sandoval voted to delay consideration of passage of the contract to allow for more hearings.

 

The contract would have averaged out to about a 6 percent pay increase each year over the course of the contract for 2,600 positions in the department. In addition to the increases, the police union agreed in the contract to limit the amount of sick pay officers could convert to cash and also eliminate overtime pay for police captains. It would also lower the number of hours one could accrue in comp time.

 

Under the pact, an entry-level San Francisco police officer's salary would go from $65,500 to $70,733, and a top-level officer's salary would increase from $91,182 to $94,829 in the first year.

 

The increases are needed to keep pace with salaries in other Bay Area departments like Oakland and San Jose, said Gary Delagnes, president of the Police Officers Association, which represents rank-and-file officers.

 

Delagnes disparaged the supervisors who voted to block the contract. He called it an example of "the absurdity of San Francisco politics" and said the supervisors who agreed with the move "need to check their privates."

 

"Every one of them had been briefed on this contract prior to having it at the board," said Delagnes.

 

"It's gotten to be a very old, pathetic game for me," he said. "You try to do the right thing and deal with people with a sense of integrity and fairness and then you get repaid like this. These were not easy negotiations. We gave a lot back."

 

If the board ultimately does not pass the contract, Delagnes said the union would request an independent arbitrator to negotiate between the city and the union.

 

Micki Callahan, employee relations director for the city's Department of Human Resources, said she was surprised by the supervisors' action Tuesday.

 

"I believe very strongly this is a good contract for the city," Callahan said.

 

She said Daly's suggestion that the mayoral election cycle impacted the budget negotiations is off the mark. There were three other contracts previously negotiated and passed Tuesday, including one that gives nurses a 19 percent pay increase.

 

"We were pushing reforms that were in the interest of the department and the city -- to pay a competitive pay rate and to not waste money. We're proud of what we did," she said.

 

 

Police Get New Contract

From the Norwalk Citizen, June 14, 2007

 

The Norwalk Police Union's new four-year contract, which was decided by an arbitration panel and unanimously approved on Tuesday by the Common Council, is retroactive to July 1, 2006, and contains wage increases totaling 14 percent.

 

According to Personnel Director H. James Haselkamp, the city largely prevailed in the arbitration hearings, with the panel accepting five out of six of its "last best offers" over the union's. Haselkamp said this did not surprise him since the union Local 1727, Council 15, AFSCME, AFL-CIO previously had tentatively agreed to the city's offers on the issues at stake but later rejected them. The arbitration panel took this into consideration when making its decision, he said.

 

Haselkamp called the contract "a very fair package" compared with others in the state.

However, the union's president, Officer William Curwen, on Wednesday said, "I think my membership is a little upset that we couldn't come to an agreement on the same type of medical deductibles and eye protection that other city workers were receiving." Under the new contract, he said, police officers receive "considerably less coverage" and have higher deductibles than other city employees. These issues were discussed with Mayor Richard Moccia, but not brought before the arbitration panel, said Curwen.

 

Curwen said that prior to his taking over as the union's president in February, the membership had rejected two tentative agreements with the city. Once he was elected, he met with Moccia to discuss the disputed items in the contract. "At first he was receptive, and then he reneged on his agreement with us," Curwen said. The union and the city ended up going to binding arbitration in February on six disputed issues.

 

Moccia could not be reached for comment before press time.

 

According to Haselkamp, the arbitration process requires both parties to submit their "last best offer" on each contested issue. The panel must then pick one offer or the other it cannot compromise.

 

Haselkamp explained that two of the issues involved wage increases. The city prevailed in obtaining a 3 percent increase retroactive to July 1, 2006, while the union sought a 3.5 percent increase. The union then prevailed in getting a 3.5 percent increase effective July 1, 2007, while the city again offered 3 percent. Haselkamp noted that the increases in the third and fourth years were not disputed by the two groups. For year three, the union members will increases of 2 percent on July 1, 2008, and another 2 percent on Jan. 1, 2009. In year four, which begins on July 1, 2009, they will receive a 3.5 percent raise.

 

Where health insurance is concerned, the city prevailed again on co-pays for medical office visits. According to Haselkamp, the union members previously were required to pay $15 for some office visits, but certain other types, most notably for preventive care, were exempt from the co-pay. The new contract extends the $15 co-pay to all office visits, as the city proposed. Similarly, the city prevailed in getting a $100 emergency room co-pay into the contract. The union had proposed a $50 co-pay.

 

The new contract also limits health care coverage for dependents and spouses of retired members. Haselkamp explained that under the previous agreement, if an officer got divorced after he retired, then remarried and had children 20 years later, the city was obligated to pay for insurance for the new spouse and children. "And we think that is not reasonable," he said. Under the arbitration panel's decision, the city is required to cover only those dependents and spouses who are on a member's plan at the time of retirement.

 

Lastly, the city won the ability to stretch out terminal leave pay over three years for employees on the deferred retirement option plan. Previously, officers who retired under the DROP received a lump-sum payment at the time of retirement.

 

Haselkamp also noted other changes in the contract that were not disputed and therefore not raised at the arbitration hearing. Most notably in the new contract, he said, officers receive increases in their allowances for the purchase and cleaning of uniforms and in the lump-sum payment they receive for having earned a four-year college degree or a master's degree.

 

In addition, said Haselkamp, the new contract requires employees to contribute to a pension fund for retiree health insurance, beginning July 1, 2008. This makes Norwalk one of the state's first municipalities to have such a fund, he said. Typically, municipalities require retirees to pay for a portion of their health insurance, he said.

 

Police Chief Harry Rilling could not be reached for comment before press time.

 

 

PV council OKs funds for police pay, benefits

From The Arizona Republic, June 21, 2007

PARADISE VALLEY - Paradise Valley police will soon see an additional $439,240 in salary and benefits, staving off a feared wholesale move of many of the town's officers to better-paying law enforcement agencies.

"Law enforcement is the Number 1 issue in the town of Paradise Valley. It always has been and always will be. We will be competitive," Mayor Ed Winkler said.

Of the Paradise Valley Police Department's 36 sworn personnel, 16 of them - from lieutenants to beat officers - showed up at a recent Town Council meeting to support passage of the pay and benefits package.



They applauded when the council approved the package unanimously.

One officer privately said that if something had not been done to retain officers by bringing them up to parity with other departments, there would have been a mass exodus.

The package includes:

• An annual lump sum loyalty retention bonus ranging from $5,000 to $6,000 based on performance for every officer below the rank of police chief. Officers would agree to stay with the department for a year. If they leave before a year, they would have to reimburse the town.

• Bringing all of the officers up to an annual salary of $60,000, the amount being offered by other communities for experienced officers, plus give a monetary credit ranging from $500 to $2,000 based on the number of years they have served the town.

• Pay the department's field-training officers 2.5 percent more year-round, rather than the current 5 percent only when they are training a new officer. There would be six such positions.

• Increase the annual uniform and equipment allowance from $720 to $1,300. Officers must buy their own uniforms and equipment.

The Paradise Valley department already has four vacancies, the highest Police Chief John Wintersteen said he has seen, with four more expected in the coming fiscal year.

Competition for police officers is keen with many communities, particularly fast-growing municipalities and those strengthening their staffs in a post-9/11 era, recruiting laterals - officers who are certified already and do not require academy training. They are offering higher wages, better benefits and other incentives.

He said there are 600 current vacancies in Maricopa County alone, not including the Maricopa County Sheriff's Office or the Arizona Department of Public Safety.

He noted that the community of Maricopa has incorporated and is building a force of about 100 officers.

And over the next two years, Phoenix will need to replace 1,000 officers, Wintersteen said.

 

Patrolmen, firefighters near pact; 9.1 percent over three years

From the Andover Townsman, June 20, 2007

 

The town expects to sign contracts with the unions representing Andover police patrolmen and firefighters just days before these agreements will expire.

Town Manager Buzz Stapczynksi and union representatives are finalizing negotiations for contracts that will cover fiscal years 2005-07. These contracts outline the pay and benefits of 104 public safety employees.

Both firefighters and patrolmen would receive raises of 9.1 percent, retroactive over the three-year period since their last contracts expired on June 30, 2004. Those pay increases will not take effect until six months after the contracts are signed. The 9.1 percent raise is the same amount that teachers received when they signed their most recent contract.

Under the expected contracts, both firefighters and patrolmen will face increases in doctor appointment co-pays ($5 to $15) and emergency room visits ($25 to $75).

"Healthcare costs, they definitely wanted to put it more on the employees," said Edward Guy, president of the patrolmen's union. "That was a real concern of ours.

"We were able to work with the town to help even the costs," he said. "There was some concessions made on the patrolmen's side and we agreed that it was a problem."

Both the police patrolmen and firefighters unions have taken part in drawn-out negotiations with the town over the past three years.

The state-run Joint Labor-Management Committee was used as an arbiter in both cases, with the JLMC issuing a binding decision on the firefighters' contract on May 4.

The Andover Police Patrolmen's Union, Local 9, was scheduled for an arbitration date in late July, but was able to come to terms with the town on their own.

"It was very long and arduous," Guy said of the negotiations. "There were some sticking points, but both sides pulled through and it's something that both sides can live with."

Thomas Agnew, president of the Andover Firefighters Union, Local 1658, could not say the same for his department. He pointed to the increases in health insurance costs for employees and the level of fire department employee raises as issues he wished were resolved differently.

"It was favorable for the town," Agnew said of the JLMC's decision. "For us it was a lose-lose situation all the way around."

The sides will again head to the negotiating table this summer to begin contract talks for fiscal year 2008, after the new contracts expire June 30.

"By the time the ink is dry, (the new contract) will be expired," said Agnew. "We're in the last days of it as we speak."

Language on both contacts still needs to be finalized and the contracts need to be signed by the unions.

After that, the only public safety union yet to come to terms will be the department's police superiors, who are also engaged in an arbitration process with the JLMC.

"I would expect by the end of the month to have everybody signed except the superior officers," said Stapczynski. "It's just good to have the contracts signed and settled so we can move forward with the unions."

Stapczynski said he expects to begin renegotiating with firefighters and patrolmen for fiscal year 2008 during the summer. He was supposed to meet with police superiors on Tuesday, but the meeting was cancelled.

"I'm hoping we can come to terms with the superior officers shortly," he said.

Though the soon-to-be-settled contracts will expire days after they are signed, the agreement is good news Andover patrolmen, according to Guy.

"When you're without a contract for such a long period of time there can be morale problems within the ranks," said Guy. "They can become disgruntled and we don't like to be like that. We don't want to be behind the eight-ball when it comes to finalizing a contract.

Selectmen voted unanimously on June 11 to transfer $1.5 million into various payroll accounts to help cover some of the retroactive pay increases for public safety employees that will result from the new agreements.

The town did not include cost-of-living increases in its fiscal 2008 budget, something that Stapczynski anticipated would be an issue with the unions in the next contract, along with the issue of increasing health-insurance costs.

"Those are the two biggies," he said.

Both Agnew and Guy said they hope the next round of negotiations will progress quickly.

"We hope it will be definitely a much quicker process," said Guy. "I think we can definitely start things off on the right foot with a quick negotiation period."

"I think we've learned a lot these past three years, both the town and the union," said Stapczynski.

 

Police labor talks

From the Lompoc record, June 20, 2007

 

With labor talks still at an impasse, the Lompoc police union Tuesday accused the city's chief negotiator of concealing an agreement to give another union a larger pay raise than was offered police.

 

The city offered Teamsters Local 381 workers a total 11- percent salary adjustment over two years, according to Lompoc Police Officers Association representative Dale Strobridge, of San Luis Obispo. He said the Teamsters represents 34 employees in the water and sewer departments.

 

Asked about the Teamster pay package, Lompoc Human Resources Director Bill Yanonis, city's chief negotiator, defended the offer to the police union.

 

In the past, he said, police have received larger increases than other city workers.

“We went back and did a study over the last 10 years of wage increases to different groups, and the management, the unrepresented and the teamsters received an average wage increase of 40.4 percent,” Yanonis said. “The police, over that same period, received a 62-percent increase in salary. Over the last 10 years, we've given more to the police department.”

 

In another development Tuesday, Strobridge said the union wants the city to pay for a professional mediator from the American Arbitration Association to help stalled negotiations. That would cost about $1,000 per day.

 

Normally, a mediator is provided by the state for free to help in negotiations that have reached impasse. However, Strobridge said police union members do not believe a state mediator would be helpful.

 

Strobridge said Yanonis “denigrated state mediators with the comment ‘You get what you pay for.'” The comment, made during negotiations, would make it difficult for a mediator to be impartial, Strobridge said.

 

When labor negotiations reached impasse on April 25, the city had offered police an across-the-board average pay raise of 6 percent for a two-year contract.

 

The union's “last, best and final offer,” was a 14.68-percent increase for police officers, 16.38 percent for dispatchers and 19.78 percent for community service officers.

Yanonis said the city offers a good annual package for law enforcement employees. Including wages and benefits, it amounts to $64,256 for dispatcher/jailers; $93,751 for officers; $109,851 for police agents; and $124,662 for police sergeants, he said.

Yanonis characterized the union's request for a nonstate mediator a “side show of a side show” intended to divert attention from the city's wage-benefit offer.

The war of words continued with Strobridge accusing Yanonis of withholding public records from the union during negotiations.

“There's nothing wrong with bear knuckled negotiations, but Yanonis has ... not responded to a single records request fully, completely and candidly. Not one,” he said.

Union members say they simply want to earn comparable pay to salaries found in the local labor market and said as many as six officers are preparing to leave the Lompoc Police Department for other agencies.

In response, Yanonis said, “We haven't got the money or the tax base that Santa Barbara or Santa Maria has. It's just that simple.”

With the help of a consultant, city leaders are currently studying whether the public would support a tax increase so they can hire additional officers and get more resources for the Lompoc police and fire agencies. Council member Mike Siminski said he expects to hear the results of the study by the end of the summer, and if a tax measure vote is feasible according to the consultant, the city would ask the public to vote no later than 2008.

 

 

 

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