Public Watchdog.org

Looks Like Somebody’s Lying About City/Public Works Contract

06.20.13

Last week we published a post about the “he said, she said” dispute over a significant term of the recently approved contract between the City and the Int’l Union of Operating Engineers (the “OEs”)-represented Public Works Dept. employees.

The Reader’s Digest version of that post is: the “old” City Council – which didn’t include the two new aldermen – approved and then over-rode Mayor Dave Schmidt’s veto by votes of 6-1 (Ald. Dan Knight dissenting) of a contract with the OEs that contained at least one significant term different from the contract the OEs reportedly ratified; and then the City started docking Public Works employees’ checks for higher health insurance premiums contained in the new City-approved contract but not in the OE-ratified one.

So now the City is forced to litigate over it before the historically “management”-unfriendly Illinois Labor Relations Board (“ILRB”), and may be forced to arbitrate an unfair labor practice for the higher benefit deductions.

After running a OE-friendly story last week, this week the Park Ridge Herald-Advocate is running a second story featuring the City’s attack on the OE’s claims (“Park Ridge strikes back against union’s bait-and-switch claims,” June 17).  And this time, the H-A reporter correctly referred to City Council members as “aldermen” instead of “commissioners,” so consider that a small but positive step toward actually understanding what’s going on over at City Hall.

How could something as simple as both sides approving the same contract language get this screwed up?

Let’s start with these negotiations being conducted in secret “closed sessions” intentionally concealed from the taxpayers who will end up paying the bill for whatever deal is cut. Opening such negotiations to the public – and having them videotaped by WOW, like City Council meetings – would provide a clear audio-visual record of exactly what the parties agreed to.  It also would show the taxpayers whether either side, or both, were being greedy, unreasonable, or just plain silly in the negotiations.

But failing that, we have to wonder why the Council voted on a deal BEFORE the OEs ratified and signed it?  Had each alderman had a contract already signed by the OEs before they voted on the deal, any opportunity for either side’s creating a revisionist history of the deal would have been prevented.

Instead, we’ve got another stupid waste of time and tax dollars by City officials.  And, as best as we can tell, the City has no better than a 50-50 chance that it will actually prevail.

If you haven’t participated in public-sector union negotiations, you probably can’t imagine how bizarre they can be.  But if the newspaper’s reports are to be believed, the OE’s complaint alleges that its negotiators provided the “last offer” that included employees paying 10% toward their health insurance and locking in non-merit based raises of 1%, 1.75% and 1.75% for the next three years.  The OEs verbally communicated these terms to the employees and obtained an affirmative ratification vote.

Subsequently, the City’s labor attorneys sent the OEs’ labor attorney a written contract and asked her to confirm that the terms as stated were “acceptable.”  And according to Acting City Mgr. Shawn Hamilton, the OEs’ labor attorney “advised the City that the draft was acceptable.”

Unfortunately, the City’s counterclaim filed with the ILRB and posted on the City’s website for this past Monday (06.17.13) night’s meeting under “Labor Relations Update” is long on allegations and explanations, but short on documentation – most notably, documentation of exactly HOW the OEs advised the City that the City’s draft was “acceptable” to the OEs.  And considering that the ILRB counterclaim form has a line that specifically requests “Supporting Documents,” we have to wonder why the City didn’t attach any smoking-gun documentation it has.

That suggests to us that there is none.  Or that instead of the kind of smoking-gun documentation Hamilton is touting as proof the OEs are misremembering, misunderstanding, or outright lying about what contract terms were agreed to, the City’s got nothing more than an empty shell casing or two.

Once again, we find ourselves channeling Casey Stengel: “Can’t anybody here play this game?”

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