Public Watchdog.org

Time For A Better Way To Negotiate Public-Sector Union Contracts

06.08.15

We’re a little late getting to a May 9 article in the Park Ridge Herald-Advocate (“City appeals Labor Board’s ruling on union health care violations”).  But because that article demonstrates one of the problems the City of Park Ridge causes for itself by the way it deals with the unions representing its employees, better late than never.

Historically, the City – like our other local governmental units with unionized workers – treats collective bargaining as a mysterious process that requires a “strategy” devised and monitored in closed-session meetings because disclosure would fatally compromise it. So whenever employment matters are discussed, our elected officials run off into closed session meetings with the City’s legal beagles.

Invariably, the taxpayers remain in the dark. And, invariably. stuff goes wrong that costs those taxpayers money.

The latest screw up involves a collective bargaining agreement (i.e., a contract) ostensibly entered into between the City and the International Union of Operating Engineers Local 150 representing our Public Works Dept. employees, which we wrote about in our 06.14.13, 03.14.14 and 12.05.14 posts. Local 150 represents approximately 23,000 members working in various industries throughout Northern Illinois, Northern Indiana, and Southeastern Iowa; and since 2006 it has become a sophisticated political player, throwing millions of dollars at politicians on both sides of the aisle.

Or, as we saw in the 2013 non-partisan Park Ridge mayoral election, at the candidate (unsuccessful challenger Larry Ryles) it felt it would provide a much more sympathetic ear than the late Mayor Dave Schmidt.

Long story short, the City Mgr. Shawn Hamilton and the City’s crack negotiators somehow had the City Council approve a contract with health care terms for its Public Works Department employees to which Local 150, on their behalf, never agreed.

So when the City started applying the new health care terms in that contract, Local 150 beefed to the Illinois Labor Relations Board (the “ILRB”), a sub-unit of state government dominated by political appointees and flunkies of Mike Madigan and his stooges. And to no one’s surprise, administrative law judge (and former ILRB ass’t. general counsel) Anna Hamburg-Gal, who has been an attorney only since 2010, found for Local 150.

We encourage readers to take a look at the 23-page written ruling online, especially pages 9 through 13, if only to see for themselves the kind of semi-incomprehensible goat rodeo just one small piece of those contract negotiations appears to have been – and how the City’s (H.R. Mgr. Mike Suppan and attorney Bob Smith) and Local 150’s (attorney Deanna Distacio) negotiators botched it so completely that the ALJ determined the contract the City began operating under in May 2013 wasn’t even a contract!

The City is appealing that decision, while Local 150 is calling on City taxpayers to pressure their aldermen into grabbing their ankles and meekly submitting to the union’s will rather than appeal.

That appears to be a Local 150 modus operandi: pick a fight with the City, then tell the taxpayers that their representatives are wasting their money fighting that fight – hoping to intimidate those representatives so that they fold up on their own, or that at least some taxpayers are dumb enough to believe the union’s “Shanghai Lil”-style propaganda.

What this kerfuffle illustrates, however, is the pitfalls of secretive negotiating “strategies” and non-public negotiating sessions which lead to these kinds of unnecessary and wasteful disputes, while also emboldening unions like Local 150 to make outrageous demands and negotiate in ways they might not want the public to see and hear. Conducting those negotiations in open, videotaped meetings would dispel the carefully-manicured, purely-politicial image of public-sector workers as Mother Teresa-types seeking just one more spot of gruel to sustain themselves and their families while they selflessly devote every waking hour to the welfare of the taxpayers.

But if any elected official wants to avoid future rodeos of this type while also leveling the playing field by making this process more transparent and accountable, there’s a pretty simple way of doing so.

Step one would be for the Council to decide, in open session as part of its annual budget process for any year in which a new union contract is to be negotiated, whether the City can afford to pay any additional compensation to the employees of that particular collective bargaining unit (e.g., Local 150, iCops, etc.). By conducting those deliberations over the whether, the how much and the why of any raises or bonuses in open session, interested members of the public could judge for themselves whether their elected officials are being fair and reasonable to the employees and to the taxpayers.

If the union wants to appear at those budget sessions and make its pitch for a higher budget number for its members, it could do so – but with the lights on, the camera running, and the reporters scribbling away. And once the City comes up with its fair-and-reasonable hard-dollar number, that number should be the City’s offer to the union.  Not 50%, or 75% or even 90%, but the whole 100% of that budget number.

No need for the City to play coy, or to stage some second-rate Kabuki just to make the City’s negotiators look like they’re clever negotiators who drive a hard bargain.

Oh yeah…and part of this process should be the City’s publishing of the current salary, benefits, and an updated pension calculation for every member of that bargaining unit, so that the taxpayers can know how much money, and what kind of benefits, those employees are already getting.

Any subsequent negotiations (i.e., the actual collective bargaining) about how the City’s dollar amount gets allocated can be done in open session, once again with the cameras running and the reporters scribbling away. Let the union state, on the record, whether it wants 3/4 to go to raises and 1/4 to benefits, or 2/3 and 1/3, etc.

And when the union decides, as it most certainly will, that the offered dollar amount isn’t big enough, the City Council’s response should be simple and straightforward:

“You’ve got our detailed budget. Tell us and the taxpayers what specific line items you want us to cut – and by how much – in order to come up with the extra money you want.”

That way the union and its member can go on record about where they think the extra money they want flowing into their pockets will be coming from. And what City infrastructure or services will get short-changed as a result.

Or how much higher they want our taxes to rise.

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