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HomeMy WebLinkAbout1994-10-04 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting Executive Session October 4, 1994 The Board convened at 7:30 p.m. in the Conference Room at Town Hail, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Dan Ensminger, Vice Chairman Bill Burditt, Secretary Sally Hoyt, Selectmen George Hines and Camille Anthony, Fire Chief Donald Wood, Town Manager Peter Hechenbleikner, and Labor Counsel Allan Drachman. The Town Manager reviewed the history of negotiations, mediation and factfinding. The strategy for this evening's meeting was reviewed - this is not a negotiation, but the purpose is to listen to the union and ask questions for clarifications. Labor Counsel explained that this negotiation is under the jurisdiction of the Joint Labor Management Committee. They have appointed a mediator and the JLMC is made up of a management representative and a union representative whose purpose is to put peer pressure on the respective parties to come to an agreement. In the factfinding, evidence is taken. The factfinder's report is not favorable to the Town. The Board needs to consider the impact of the proposals both in terms of funding and in terms of the ripple effect on other bargaining units. He noted that the next step would be binding arbitration - it is binding on the executive branch but is still subject to funding by the legislative body. - George Hines asked about the agenda for this evening and how the Board should conduct itself. Drachman recommended that the Board conduct any questions through the Chair. The Union views this meeting as the last hope prior to arbitration. The Board should listen respectfully and listen carefully. The Board discussed whether the Quinn Bill impact has an effect on this bargaining process, and asked about the arbitration process. Drachman noted that the arbitration is in affect a "show cause hearing" why the factfinders recommendation should not be accepted. There are different forms of arbitration which include the last best offer in the total package, and the last best offer issue by issue. After arbitration, the award will have to go to Town Meeting for funding. At this point, the Bargaining Committee consisting of Bargaining Committee Chairman Phil Boisvert, Union President Bob Beck, and Bargaining Committee members Michael Homes and Brian Ryan, Attorney Kenneth Grace, and mediators Mary Capadona and John Hanson entered. Boisvert reviewed the history of bargaining. He noted that in 1991 the Fire Fighters were the first major union to take a 0% increase. The contract expired in 1993. The Police Department received the Quinn Bill, and a shift differential change. Non-union employees received an increase through the Pay and Classification'Plan. The Town Manager's salary went through the same process. The Town and the union agreed to do a pay study of 12 cities and towns, and Reading came out the fifth busiest of those and the twelfth in staffing. They came out eight out of twelve among the Fire Fighters in salaries, excluding Danvers which had not yet settled. For lieutenants position they come out 11th of 11, and 8 of 10 for the captains. The Reading Fire Department — ranks lowest in a number of categories even using the Town's profile. The union's profile indicates a shortfall of approximately $4,000 per officer. Four Fire Fighters have left in the last "°-- year because pay and benefits in Reading have not been enough. One officer Board of Selectmen Meeting, Executive Session- October 4, 1994- page 2 went to Somerville where he gets the equivalent of the Fire Fighter EMT pay without doing the EMT work, and 99% of health benefits paid. One went to Billerica and one went back to Melrose. The one that went back to Melrose had turned it down several times, but left because the outlook in Reading was bleak. Ken Grace noted that every situation involves a long-term relationship between the Town and the union. He was involved in the last contract where the union had accepted two years of 0% increases. Now things are different and the Reading Fire Department salaries are way out of line. It is important that the relationship between the Town and the union be maintained. He feels that we are on the brink of that relationship breaking down. He is concerned that if the process is prolonged past the current status that that breakdown could be evident. He noted that there were facts to justify other findings by the factfinder's comments including night shift differential, EMT, nonassigned EMTs, etc. The factfinder tried to recognize the Town's financial position by not recommending all of these things. He noted that if the issue was funding, then we can try to deal with the funding. Anthony noted that no one had mentioned the year three contract - is a three year contract possible. Grace noted that there were a number of issues which would refer to the future, and the union is not interested in a third year contract unless it addresses some of those other issues. The concept of putting two years of benefit improvements into three years is not acceptable and the Fire Fighters won't have accomplished anything. Boisvert noted that the factfinder was neutral and the union took a chance that the findings would come out unfavorably. Ensminger noted that the factfinders conclusions depend on how you weigh the facts and how a typical Fire Fighter is defined. Grace noted that the factfinder's settlement was justified in looking at the past history, how the Town has treated others, and the external comparables. The Fire Fighters and their attorney left the meeting. Mary Capadona and John Hanson, mediators, stayed. Hanson indicated that his sense in the bargaining unit is that they would like to settle the issue and that this is not an unreasonable bargaining unit. They are in a position of strength and the scales are in their favor. Drachman asked Hanson if he felt that the union would be flexible on base build up within the contract, ie. provide the $2,000 increase at the end of the contract. Drachman also talked about the possibility of give backs - minimal manning, no lay off clause and the 111F issues. Hanson noted that he needs to report to the JLMC on Friday with respect to the status of this issue. If the process goes to arbitration, there are two major options - an expedited arbitration that will be a three-person panel consisting of the Chairman or Vice Chairman of the JLMC, a management representative and a union representative. The other alternative will take longer and would be an independent arbitrator. If the two parties can't agree to the form of arbitration, then the panel will be convened to decide the form of arbitration. Recent awards of the JLMC looked at both internal comparables and external comparables. Drachman also noted that they have to look at the ability to pay. Capadona and Hanson left the - meeting. Hanson came back a short time later and noted to the Board of Selectmen that the factfinder's report has been kept confidential, but the Fire Fighters have asked the mediator to Board of Selectmen Meeting, Executive Session- October 4, 1994 - page 3 make the Factfinder report public. Hanson noted that he was inclined to release it. Drachman challenged this recommendation noting that the purpose of keeping it confidential is to keep negotiations going, and if negotiations are ongoing then the report should not be made public. Hanson and Capadona again left the meeting. Drachman noted that the third year of the contract is not going to solve this issue. He feels that the best option is to reduce the cash cost by deferring $1,000 to the end of the first year and another $1,000 to the end of the second year. On motion by Hines seconded by Hoyt the Board voted to offer the following package to the union: 1. For FY94 2.5%. 2. The last day of FY94 include$1,000 in the base. 3. For FY95 4.5% (this would be on top of the$1,000 increase in the base). 4. On the last day of FY95 add $1,000 to the base. 5. For FY94 add $50 to the EMT incentive, and add another$50 for FY95. 6. For FY94 add $50 to the longevity steps. 7. For FY95 provide a one time$150 payment for longevity to those who are eligible, with a sunset clause. 8. Provide language that no time off benefits will accrue during 111F absence. It should be clear to the union that this proposal is based on the Town's financial situation. The Town does want to settle it, but if it does go to arbitration then the lay off language and minimum manning language will be removed from the contract by the Town since this is not arbitratable. On a role call vote all five members of the Board of Selectmen voted in favor of this offer, and the motion was carried. On motion by Hines seconded by Burditt the Board voted to adjourn the Executive Session at 9:30 p.m. On a role call vote, all five members voted in the affirmative and the motion was carried. Respectfully submitted, f Secretary