The POLICEPAY Journal®

Thursday, November 23, 2006

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Matt Barnard, Editor   matt@policepay.net    (405) 234-2235    

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SANTA ANA, CA

Santa Ana council to consider contracts with 3 unions

BIRMINGHAM, AL

Council can grant raises to police, firefighters

SAN DIEGO, CA

Police union holds protest march to City Hall

NEW LONDON, CT

Unions Allege Pay Raise Was Bad-faith Bargaining

STAMFORD, CT

State supports city on police promotions

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Santa Ana council to consider contracts with 3 unions

Salary increases proposed for police officers, service employees and management are on today's council agenda.

From The Orange County Register, November 20, 2006

 

SANTA ANA– The City Council tonight will consider salary increases for police officers, service employees and management under proposed two-year extensions of their contracts.

 

The proposals come after months of discussions in closed-session City Council meetings and talks with the three unions.

 

The changes would extend the unions' contracts through June 30, 2010, and raise salaries at different intervals during the two years.

 

With all of the contracts, the a 4 percent raise would come July 1, 2008, with a 2.5 percent raise scheduled on Jan. 1, 2009. Salaries would go up 4 percent again on July 1, 2009, and an additional 2.5 percent on Jan. 1, 2010, according to a city staff report.

 

The city estimates that the first year of the agreement would cost an additional $184,680.

 

The changes would also spell increases in health-care costs for union employees.

 

The council meets at 6:05 p.m. in the Police Community Room, 60 Civic Center Plaza.

 

In a closed-session discussion prior to the meeting, the council will consider whether to offer changes to the city's contract with firefighters.

 

Council can grant raises to police, firefighters

From the Birmingham News, November 17, 2006

 

The Birmingham City Council has the right to grant pay raises for public safety employees, the Jefferson County Personnel Board ruled Thursday.

 

The board was asked whether Birmingham Mayor Bernard Kincaid or the City Council can approve pay raises for police officers and firefighters.

 

Councilman Joel Montgomery, who sponsored the resolution requesting the pay raises, said he was pleased by the decision.

 

"We need to get our police officers paid, we need to be able to recruit more police officers and we need to be able to retain more police officers," Montgomery said.

 

Efforts to reach Kincaid, who asked the Personnel Board to reject the resolution, were unsuccessful.

 

The Personnel Board asked for an attorney general's opinion but, facing a deadline to make a decision, acted without one, board members said.

 

Ken Simon, board attorney, said state law gave the council the right to establish pay raises.

 

"The mayor is the appointing authority; however, under Section 12 of the Enabling Act, the City Council, as the governing body, has the authority also to change the salary schedule," Simon said.

 

The enabling act passed by the Alabama Legislature established the Personnel Board of Jefferson County and set regulations under which the civil service system operates.

 

Simon said the issue also came up in 1983 when then-Birmingham Mayor Richard Arrington and the City Council disagreed over a salary schedule. "Judge Jack Carl concluded the City Council had the ability to change the salary schedule under Section 12," Simon said.

 

Personnel Board Director Lorren Oliver made no recommendation to the three-member board. Roger McCullough, human relations manager for the board's staff, urged the board to do nothing.

 

Doing nothing would have been irresponsible, Simon said, "because it would mean the salary increase would come into effect automatically. If the mayor wants a chance to challenge this in court and try to stop it from coming into effect, the first thing the mayor will say is the Personnel Board failed to do its job."

 

The City Council voted 7-1 last month to override Kincaid's veto of a 15 percent raise for police and fire workers. The council then sent the Personnel Board a resolution Oct. 19 requesting the pay raises.

 

Kincaid responded with a letter to the board dated Oct. 26 that said the council's resolution was invalid.

 

The mayor argued that the council overstepped its authority by asking the Personnel Board to change police and fire salaries. He contended that only the mayor can make that request.

 

The raise would give the city's police and firefighters - whose pay starts lower than that of counterparts in nearby suburban cities - a gradual increase of 5 percent a year beginning in fiscal 2008. Kincaid called the raise fiscally unsound and unfair to other employees.

 

 

Police union holds protest march to City Hall

From The San Diego Union – Tribune, November 14, 2006

 

SAN DIEGO – More than 100 members of San Diego's police union marched to City Hall Tuesday to protest what they contend is uncompetitive compensation, which they say is forcing officers to seek employment with other departments.

 

Representatives with the San Diego Police Officers Association wore T-shirts with “Exodus Tour” emblazoned on them, and some carried signs that read “Train with the Best, Leave with the Rest,” “When Seconds Count We are Minutes Away” and “911 ..... Please Hold.”

 

Bill Nemec, president of the SDPOA, told the council the San Diego Police Department is 300 people short of its budgeted staffing level.

 

“We are losing our ability to deliver services and the level of safety the city is accustomed to,” Nemec said.

 

Police Chief William Lansdowne told a City Council committee last month the department is down only 196 sworn officers.

 

During a news conference, Mayor Jerry Sanders called the timing of union protest “ironic” because it fell on the same day the Securities and Exchange Commission sanctioned the city for its faulty bond disclosure practices, and during the release of his five-year financial plan.

 

“In essence, the labor union you saw protesting today is proposing a continuation of the same type of destructive behavior that got the city in trouble to start with,” said the mayor, the former chief of the SDPD.

 

A one-year contract was imposed on San Diego's police officers in May after the City Council declared an impasse in labor negotiations. The police union was seeking about $9 million in pay and benefit increases.

 

Union officials have repeatedly argued that low pay and declining benefits are forcing experience officers to leave the department.

 

“They are ready to leave,” Nemec told the City Council.

 

“There are not enough police officers on the street,” he said. “There are not enough people to keep this community safe.”

 

 

Unions Allege Pay Raise Was Bad-faith Bargaining

From The Day, November 20, 2006

 

New London — Three unions and a city councilor have alleged that a raise approved for the city's personnel coordinator was improper, renewing tensions between the city and its workers left over from the budget battles of 18 months ago.

 

If the unions prevail, they could seek hundreds of thousands of dollars in compensation from the city.

 

Just before he left New London to become city manager of East Providence, R.I., in the summer, former New London City Manager Richard M. Brown approved a 6 percent raise for Personnel Coordinator Bernadette Welch. The increase took effect June 19, increasing Welch's annual salary from $72,000 to $76,385. Because the fiscal year ended June 30, the increase amounted to only $168 in extra pay for 2005-06.

 

Along with all city employees, Welch received a 3 percent raise to $78,677 on July 1, which is not contested.

 

The police, public works and management unions and City Councilor Rob Pero have alleged the June increase was improper. Welch should have received no raise in 2005-06, they said, because she signed an agreement in June 2005 stating that union and unaffiliated employees would receive no wage increase in 2005-06. Welch is an unaffiliated, or nonunion, employee, and she was the city's representative in negotiating the agreement with the unions.

 

By accepting the raise, “she broke an agreement with the people she was sitting across the table from,” Pero said.

 

The three unions have alleged that the raise is evidence the city bargained in bad faith in June 2005, when the city was seeking concessions from the unions in order to bridge what Brown projected would otherwise be a $2.5 million gap in the 2005-06 budget.

Welch and Brown said the increase was proper and did not violate the agreement with the unions.

 

“We did not violate the bargaining agreement. It was a salary adjustment,” Brown said. “It was clearly based on the level of the work and the complexity of the work, which had increased since she was hired.”

 

The increase does not amount to a raise for the 2005-06 year, Welch said. “I got a 0 percent raise increase for the 2005-06 fiscal year just like everyone else.”

 

Every other unaffiliated employee received a 6 percent raise in January 2005 to make up for two years without raises, but Welch did not receive the raise because she was a new employee, hired in October 2004, she said. The city classifies its employees by salary, and Welch said her salary eventually needed to catch up with those of other employees or she would, in effect, be demoted.

 

Due to the way the city's payroll system works, the raise had to come before the end of the 2005-06 fiscal year in order for Welch to receive the same 3 percent raise every city employee received on July 1, Welch said.

 

To date, none of the three unions has reached an understanding with the city on the June raise.

 

The New London Police Union filed a grievance on Oct. 27 alleging that “the City bargained in bad faith during wage concession negotiations in the spring of 2005.”

The raise given to Welch within the “wage freeze year” is one piece of evidence of bad-faith bargaining, said Lt. Marshall “Chip” Segar, president of the union. Another is the recent announcement of a more than $1.2 million surplus for the 2005-06 fiscal year, reflecting a much less dire budget situation than the unions were led to believe when they gave up salary increases and other concessions, Segar said.

 

“Mistakes were made that give a hint of impropriety,” Segar said. “We're not finger-pointing. ... It's just an issue of we want them to explain themselves and tell us how — after all the discussions about wage concessions and the necessity of such — the city's chief negotiator did not comply with her own agreement, and how — in this bad fiscal year of bad fiscal years — did the city manufacture a $1.2 million surplus.”

 

The public works and management unions both filed municipal prohibited practice complaints with the state labor board in 2005 alleging bad-faith bargaining, and the public works union also filed a grievance. Both unions originally filed the complaints over furloughs, but both said they will use the raise and the surplus as further evidence of bad-faith bargaining.

 

“We were looking to be part of the solution to the problem. We got lied to,” said Thomas Baude, president of the management union.

 

The public works union wants the 3 percent raise it gave up in 2005-06, former union president David Kotecki said last week. The union also wants compensation for furloughed employees who collected unemployment payments less than their salary and for those who paid their families' medical bills out of their own pockets during the period when they had no medical insurance coverage from the city, Kotecki said.

 

City Manager Martin H. Berliner, who began work in New London last month, said he has referred the matter to City Law Director Thomas J. Londregan and hopes to resolve the issue with the unions in internal discussions.

 

“I can't go back and redo things that we've done one, two, three years ago. I can commit to trying to work with the unions on a number of issues,” he said.

 

Pero failed to convince the City Council Nov. 6 to change Welch's salary to $74,160, the amount allocated in the 2006-07 budget adopted by the council in May. Councilors weren't informed that Welch's salary would be different from that in the budget, Pero said. The council unanimously voted to prohibit future budget transfers within a line item in order to increase the salary of a nonunion employee without the knowledge of the council.

 

 

State supports city on police promotions

From the Advocate, November 19, 2006

STAMFORD - The city did not have to promote police officers who have moved into the detective bureau since the 1970s and does not owe them more than $1.8 million in back pay, state labor officials ruled last week.

The long-awaited ruling dealt a major blow to the police union's goal of winning a raise for about 30 police officers who do investigative work in the bureau, officials on both sides said. Those disgruntled officers asked out of the bureau last year, forcing the chief to replace them with patrol officers at the bottom of the department's seniority ladder.

But the ruling also reinforces the chief's right to hand-pick officers for the bureau instead of relying on seniority, city officials said.

The state arbiters agreed the investigators are doing high-level work different from patrol officers, according to the ruling. But the arbiter said that does not mean the officers are acting as sergeants and deserve sergeant-level salaries, as the union argued.

Hiking each officer's pay about 15 percent to meet the sergeant salary would cost the city about $250,000 per year, according to the police contract.

"We maintained all along we had not violated the collective bargaining agreement," said Dennis Murphy, the city's head labor negotiator.

Officer Michael Merenda, the police union president, said he may take the issue to the city's Personnel Commission, a strategy the state arbiter suggested in his ruling against the union. Merenda said the arbiter's ruling proves the investigators have unique skills and deserve a higher salary and rank.

"The ruling clearly states they are performing a different job," Merenda said. "Just having them acknowledge that is a win for us. These are detectives, not patrolmen."

Both sides have said the officers in the bureau deserve a pay raise or a new rank. But Murphy and Mayor Dannel Malloy wanted to hammer out a deal during contract negotiations. The police union refused and tried to solve the issue outside contract talks by going to the state labor board.

City officials say it is now too late to throw the issue into contract negotiations because talks fell apart months ago. A different arbiter is putting together the next contract based on proposals from both sides. That means the union must wait several years until the next contract expires or hope the Personnel Commission takes up the issue.

The panel declined to address the detective issue in 2003, union and city officials said. The commission switched course and agreed to hear testimony on the issue last year, but the police union opted to go before a state arbiter, Merenda said.

They did so because the state arbiter is supposed to rule on any possible violations of labor contracts, Merenda said.

The conflict dates to 1972, when the city decided everyone in the bureau would hold the rank of sergeant instead of having a specific rank of detective, officials familiar with the deal have said. That way, the chief could rotate sergeants from all parts of the department in and out of the bureau.

City officials said the intention was to have everyone in the bureau promoted to sergeant.

But as sergeants retired, police chiefs realized they could move patrol officers into the spots without promoting them to sergeant, officials have said.

The union did not raise the issue in any contract talks after 1972, the state arbiter found. But the dispute rose in 2003 and 2004, when the former union president, Sgt. Joseph Kennedy, encouraged every investigator in the bureau to request patrol jobs in protest.

The state labor board ruled this year that the union violated labor rules by strong-arming the investigators into resigning.

Neither side wanted the veteran investigators to leave. They held last-minute negotiations in March 2005 to prevent the shift, officials have said.

The sides traded proposals for an annual stipend and a special gold badge, officials have said.

But the talks broke down, and Police Chief Brent Larrabee granted the resignations in April 2005.

When nobody else volunteered for the bureau jobs, Larrabee filled the spots with officers at the bottom of the department's seniority list - the same method the chief uses to fill the midnight shift and other unwanted jobs.

The chief said the new officers did the best they could, but crime went up last year and the percentage of solved crimes went down, statistics show.

Larrabee reasserted his power by ordering the old investigators back into the bureau in April - a year after he let them leave.

The union complained Larrabee was breaking seniority rules.

Thursday's ruling backs Larrabee's right to choose the officers he wants for the bureau without promoting them or giving them a raise, city officials said. The arbiters said the union failed to prove the officers were doing the exact work of sergeants without being properly promoted.

The officers have special skills, such as working undercover or interrogating suspects, but they do not perform every job of a sergeant, the arbiter found.

Sergeants, for instance, supervise other officers. The officers in the bureau do not, the arbiter found.

The next step is unclear. City officials have said they would support a raise, putting the officers' salaries somewhere between their current rate and sergeants' rate.

They would like to negotiate a fair raise and write it into the contract, Murphy and Malloy have said.

But contract talks are over, leaving the police union with few options other than approaching the Personnel Commission again.

"We're going to have to see which forum to bring this to next," Merenda 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)
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  • 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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