Collective bargaining laws up for discussion

By Jessica Heffner, Staff Writer 11:02 PM Sunday, December 5, 2010

MIDDLETOWN — City Council will confront a volatile issue Tuesday when it discusses a proposed resolution urging the Ohio General Assembly to re-examine collective bargaining laws for municipalities, which at least one council member says limit local governments’ ability to control personnel costs.

Councilman Josh Laubach, who brought the idea to City Council and authored the resolution, told members at their last meeting that getting a handle on union contract restrictions is vital for Middletown to stay fiscally sound.

He cited the more than $2.5 million increase expected in police and fire department personnel costs in 2011 as one of the reasons the city needs to find a new way to negotiate contracts with its eight unions.

“If we are running a business, we are looking (at these increased expenses) and saying this is off the table,” he said. “I think for these reasons it’s important that this body ... petition the state legislature for help.”

The bulk of Middletown’s budget — $21.7 million — is for police and fire services, which are receiving a $3.8 million increase despite no new positions.

Laubach brought up concerns in November that the city was dipping into reserve funds to make up for a $762,109 gap in its 2010 budget.

City Manager Judy Gilleland said a study involving the eight employee unions indicated that if each had foregone pay increases in 2009, the city could have saved $600,000.

“As unpopular as it may be to talk about or — in my case — politically unpopular, I believe we are reaching a point where we have no choice but to talk about what collective bargaining means and how it affects our bottom line,” Laubach said.

Councilman A.J. Smith has already publicly protested the proposal by posting a link to his Facebook page last week urging residents to e-mail Mayor Larry Mulligan to tell him “not to support this absurd resolution!”

“(Arbitration) provides an outlet that allows labor and management to have disagreements and have those disagreements tactfully and orderly arbitrated,” Smith said. “I’m afraid Josh’s mentality is employees don’t deserve rights. Josh will tell you employees work at the pleasure of the employer and that is completely wrong.”

“If we get rid of collective bargaining we are asking for a much less qualified workforce,” Smith said. “Ask those council folks (who) are willing to support that resolution, are they willing to have those employees strike?”

Mulligan said he doesn’t think the legislation is meant to be negative toward unions, but to give the city “more flexibility and not leave the decision to a single arbitrator.”

He added that the legislation would not have an immediate impact on city unions: the resolution merely urges state legislators to take action on current laws.

John Hoover, president of the Middletown Fraternal Order of Police Lodge No. 36, said he plans to attend council’s meeting Tuesday.

“Obviously we do not support this issue,” he said. “(Arbitration) helps us. Any city is going to come to who they are bargaining with and say we don’t have any money. I think without it we are at their disposal as far as whether we get pay increases, insurance benefits or any type of benefits at all.”

Jon Harvey, president of the International Association of Fire Fighters Local 336, said he was “totally appalled by council’s actions.”

“I think they are using their council seats to push their personal agendas,” he said. “And I don’t think collective bargaining has negatively impacted the city at all.”

The last time a union contract went through fact-finding or conciliation arbitration was in 2007 with the Fraternal Order of Police, according to city records. The arbitration resulted in the police union receiving a 3 percent increase for each year of the three-year contract.

Once contracts go through conciliation, the decision made by the arbitrator is binding. At that stage, there is no room for negotiations — either the arbitrator will side with the employer’s request or the union’s, said Sara Mills, Middletown’s assistant law director.

There are eight unions comprised of Middletown employees, according to the city law department. Of those, firefighters, police officers, supervisors, dispatchers and corrections officers are in unions that can go to binding arbitration. The remaining unions — which include Public Works, transit, police civilian and water treatment employees — are “strike units” meaning binding arbitration is not an option if an agreement is not reached and the parties could choose to accept terms or strike.

Since 1997, Middletown has gone through the arbitration process with employee contracts four times.

The last contract to go through the arbitration process was a three-year contract with the Fraternal Order of Police in 2007. In conciliation, the arbitrator awarded the union 3 percent pay increases for each year of the contract, according to state records.

City Council will meet at 5:30 p.m. Tuesday in city council chambers, One Donham Plaza.

http://www.middletownjournal.com/news/middletown-news/collective-bargaining-laws-up-for-discussion-1021824.html   

The right thing to do Josh. Good thinking on your part. The other council members should support this also as well as any city leader who is interested in making the city budget healthy again. Disappointed in Mr. Smith and his non-support of this resolution, but his "not so hidden" hidden agenda is rather obvious with his desire to join the fire department and in helping their union while in office.

I have always worked in non-union companies, eight to be exact,from large corporations to small industrial park ones, and have never had the so-called benefit of collective bargaining. The company gave each department a specific allotment of money and it was up to each individual supervisor to distribute the money as he saw fit, BASED ON PERFORMANCE AND VALUE TO THE DEPARTMENT, to each individual. Some got 0%, some got 2% and some got 3% or more, until the money ran out. Depended on ones contribution in the last year. That's how it works in a non-union shop AJ. There was no one making outlandish demands to the company on behalf of the employees.

“If we get rid of collective bargaining we are asking for a much less qualified workforce,” Smith said. Nonsense AJ. There are many qualified, productive, quality minded people in the workforce that aren't connected with a union and have no collective bargaining chips. You have been talking to too many union people to see the truth. The unions had a purpose at one time years ago. Now, alot of them are breaking the bank, bankrupting the very hand that are paying them with their demands. The Teacher's Union is a classic example of a group of people who are killing the very hand that feeds them....the taxpayer through the numerous levies needed to afford their demands. The outlandish demands need to stop. No one gets a three percenter every year. Some companies announce that profits weren't good for the year and there will be no raises. Disappointing-certainly, but in times like these, you oughta be thankful you have a job that pays the bills.

John Hoover, president of the Middletown Fraternal Order of Police Lodge No. 36, said he plans to attend council’s meeting Tuesday.

“Obviously we do not support this issue,” he said. “(Arbitration) helps us. Any city is going to come to who they are bargaining with and say we don’t have any money. I think without it we are at their disposal as far as whether we get pay increases, insurance benefits or any type of benefits at all.”

Jon Harvey, president of the International Association of Fire Fighters Local 336, said he was “totally appalled by council’s actions.”

“I think they are using their council seats to push their personal agendas,” he said. “And I don’t think collective bargaining has negatively impacted the city at all.”

Both union reps exhibit typical union mentality. Certainly collective bargaining has hurt the city Harvey. It's dam near bankrupted it with your demands over the years and the inability of past/present city leaders to stand against your demands. You won't compromise. The city is hurting for money because the past and present narrow-minded nimrods running this city haven't generated any revenue through jobs to pay for your demands.

"We are at their disposal as far as whether we get pay increases, benefits...." Harvey, the majority of workers work in non-union shops and are at the mercy of their employer as to raises, benefits, etc. What makes you think you're so special?

Councilman Laubach should be commended for stepping out front with this proposal.  

The "binding arbitration" component of the collective bargaining law and grievances as it applies to Police and Fire negotiations and settling grievances needs to be eliminated. 

Put local control back in the hands of local officials. 

Becker, Picard, Allen and Mulligan need to support Councilman Laubach's resolution.  I hope they do not give in to the organized union opposition that will be present Tuesday evening. 



 

Josh is showing a lot of guts by bringing this to the forefront,a valiant effort. But I'm afraid his efforts will be wasted because the city is not going to fight the union and the union is not going to just fade into the background,although I wish they would. As I've said a thousand times and now for a thousand and one,police & fire have no business being unionized. Most unions are nothing more than organized crime syndicates,they will go to any length to obtain their objective including literally holding a city hostage.

I hope Josh sticks to his guns on this and demands more from council and city leaders.

Taken from Aj smith's Facebook Page

I think this would be a great time to show up at meeting and show your support to Josh and show the rest of council that this is something that needs to be done or at least looked into. Does anyone plan on attending?

 

This should be a heated topic:

Resolution No. R2010-42, a resolution urging the Ohio General Assembly to reexamine and reconsider State laws limiting the ability of local governments to control personnel costs. (1st Reading)

Good points Paul.  And I think, in more ways than one, AJ Smith's positions are rarely what is best for the CITY.  They usually are what is best for him, for unions, for a select few cronies, etc.

Just read his Facebook sounds like hes running for the Senate (maybe president some day who knows) 

Sure I would he wouldn't be any worse than what we have representing us now

Paul outsourcing was discussed on here a few years ago.  I think if you search for inter-governmental contracts it may come up.

Hey Randy I will be at the meeting to not only show support for josh but let the rest to council know that the voters are behind him as well. Paul N. I agree with what you are saying but I am very concerned about privatizing and regionalism. I think if the government would let the cities run them selves they would be allot more efficient, but still have control.

Randy --