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City Council balks at report on fire union pact
(by Sue Reid - December 23, 2009)
City Council balks at report on fire union pact
By SUE REID
Random drug testing, wages, overtime and health care have been cited in a fact-finding report as issues which have led to an impasse in negotiations between the City of Solon and the International Association of Firefighters Local 2079.
Following an executive session Monday, City Council unanimously rejected the findings in that report by a vote of 6-0. As a result, conciliation, or arbitration, will take place, at which time the rulings would be binding.
Meanwhile, council approved three other contracts, authorizing the mayor to enter into collective bargaining agreements with the Teamsters Local 436, which handle the sewage-treatment department and building inspectors, and the Ohio Patrolmen's Benevolent Association for part-time dispatchers.
Those contracts included random drug testing, as well as wage increases of 2.5 percent for 2010 and 2011 and 2.75 percent for 2012.
Earlier, council also approved a conceptual agreement for the patrolmen and sergeants and lieutenants that allows for random drug and alcohol testing. Language is still being clarified for tentative agreements for two contracts with the patrolmen and sergeants and lieutenants.
According to the fact-finding report, the most pressing issue for the city in the negotiations appears to have been the issue of obtaining the right to conduct random drug testing.
According to the report, the firefighters' union opposes random testing for several reasons, including: that random testing in public employment may be unconstitutional; that false positives can be a problem; that no current problem exists; and that the bargaining unit would self-police any problem which may occur in the future.
The city had proposed a requirement that the union be subjected to higher rates of deductibles in order to avoid the testing, and the union expressed a willingness to accept higher deductibles should random testing not be required, according to the report.
The city maintains that there is a need for random testing of employees to ensure public safety. The city has the ability to do random testing with the non-bargaining employees.
"We have an internal policy that establishes procedures for testing non-bargaining employees," Thomas Cornhoff, human resource director, said. "However, we are going to ask City Council to adopt a revised random drug-and-alcohol-testing policy that would attempt to mirror the union's policies included in their respective collective-bargaining agreements."
Both parties appear to accept the proposition that there should be an economic trade-off for the city obtaining that right, according to the report. Prior to fact finding, the city proposed that the fire department accept higher deductibles in exchange or the city dropping its proposal for random drug testing.
It would seem inequitable for there to be a penalty for employees failing to waive the right to prohibit a personal intrusion, the report said, and there should instead be an economic benefit to permit the intrusion. The report said that the economic benefit for accepting random testing should be the same for all persons waiving that right and should not depend on whether the person takes health care insurance coverage and whether that coverage is single or family.
The report recommended a one-time $300 bonus be given to current employees to opt into the random testing policy.
The city has proposed wage increases of 1.75 percent for 2010 and 2011 and 2.25 percent for 2012, according to the report. The city pointed out that the region is facing its highest unemployment rate in 15 years and that there is a shortfall in municipal income-tax revenues.
The union proposed a wage increase of 3.75 percent for 2010, 2011 and 2012 and contended that Solon is the envy of most cities in the state, having a large cash balance, according to the report.
The report stated that the union has proposed wage increases which exceed the rate of increase of the prior collective-bargaining agreement. The city, on the other hand, proposed wage increases for the fire unit which are less than what was agreed upon for the police unit.
The fact-finding report recommended increases of 2.5 percent for 2010 and 2011 and 2.75 percent for 2012.
The main thrust of the city argument with respect to the issue of part-time firefighters relates to the cost of overtime pay. The city argued that it needs to reduce overtime and overall costs through the use of part-time firefighters. The city pointed out many fire departments in the area are staffed by a combination of full- and part-time firefighters. The city said it spent over $400,000 in firefighter overtime in 2008 and projects the same to be spent in 2009.
The union stated that there is no evidence that any fire department now having part-time employees had ever been exclusively staffed by full-time employees. The union argued that having part-time firefighters would make the department less efficient and less professional
The fact-finding report said that, although a few part timers probably would not make a significant negative impact on the professionalism of the department, it recommended against the change, stating that overtime hours for the fire department have decreased.
Representing the fire union is attorney Susannah Muskovitz, and representing the city is attorney Charles M. DeGross. Attorney Gregory J. Lavelle was the fact finder.
Mr. Cornhoff said that conciliation is usually resolved in 30 to 45 days.
"Since 2000, this is only the second time we've had to go to this extreme with any of the bargaining units in Solon," he said.
"During negotiations, it's not uncommon for sides to disagree, and we understand there are trade-offs between policy changes and financial issues, and we just weren't able to come to terms as of yet on those differences," Fire Chief William J. Shaw said. "There is a window of opportunity to return to the bargaining table to continue discussions before the next step of conciliation," he said.
"Both sides have an opportunity to try to get back together before that to work out differences," Mr. Shaw said.
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