Waterford Grievance Arbitration Decisions
The Arbitrator agreed with the Waterford Police Officers' Association and MAP by stating the past practice of paying FTOs a daily overtime rate of 1.5 hours per 10 hour shift of training new officers could not be unilaterally changed without the benefit of union input.
Appearances before the Arbitrator included Fred Timpner, Executive Director of MAP and Officers Himmelspach, Taylor, Foley and Biggs. After hearing testimony, Arbitrator Anne Patton agreed with the Union's position that the Township violated the Maintenance of Conditions clause of the contract by reducing the FTO's rate of compensation. The practice was clear and consistent and remained unchanged for seven years before an attempt was made to reduce the benefit.
In another grievance, Arbitrator Joseph Girolamo agreed with MAP's position that overtime had to be paid to officers who proctored a written examination for new hire police candidates. The Chief hand picked officers to observe the examination process and be available to answer any questions from the candidates. By doing so, he failed to abide by the equalization of overtime procedure. Arbitrator Girolamo ruled that overtime must be paid to the officer who was passed over when the invitation went out for the detail.
These are examples of how MAP stands ready to protect the rights of its members. These cases show how each and every member is important to us.
City of Pontiac Ordered to Reinstate Officer
A Pontiac police officer that came to the aid of a fellow officer attempting to take a violent convicted felon to the booking area was ordered to be reinstated by Arbitrator Anne Patton. In a case that drew national media attention, the City of Pontiac fired the officer after the prisoner was sent to the hospital for injuries incurred during the struggle. A criminal charge of assault and battery against the officer was ultimately dismissed.
The Arbitrator carefully weighed all the facts of the case, and did not allow any media attention to sway her decision.
Collective Bargaining Agreements Reached
A new 5-year Collective Bargaining Agreement has been reached for the Beverly Hills Public Safety Lieutenants & Sergeants Association. The new contract will expire in 2009.
MAP Agent Ron Palmquist represented them and was able to hammer out the deal, which includes: A new 5 year DROP program, guaranteed 12 hour shifts, and pay raises of 3.25% for year number one and 2.5% for the remaining years. COPS Trust remains as a health care choice.
Retroactive pay was guaranteed for the period since the last contract expired in 2004. Two command officers, who retired after negotiations had begun, also received retroactive pay up to and including the dates of their retirement, as well as an increase in their pensions to reflect the new wage scale.
The St. Clair Shores Command Officers Association, The St. Clair Shores Police Officers Association have also negotiated new contracts. Improvements have come in the areas of wages at 3% per year, health care, pensions, and vacation leave.
Michigan Court of Appeals & the City of Pontiac
MAP filed an Unfair Labor Practice charge with the Michigan Employment Relations Commission (MERC) against the City of Pontiac for refusing to bargain with MAP, by failing to accept or reject the tentative agreement in a timely and proper manner. MERC also ordered the City to cease and desist from interfering with, restraining, and coercing employees from exercising their guaranteed rights.
The City filed an appeal with the Court of Appeals, who promptly denied their request to set aside the MERC ruling. The arbitration award is binding upon both the City and the Union, and the City's challenge to the Court was rendered moot.
Pontiac Police Officer Keeps His Job With Help From MAP
Pontiac Police Officer Ken Ayres pursued a suspect who fled police after being stopped for investigation of an Armed Robbery/Carjacking and ended up needing the help of MAP to retain his job.
MAP Attorney Catherine Farrell and Labor Relations Specialist Joel Felt presented
arguments to Arbitrator Barry Brown who agreed that the Pontiac Police Department had made redundant charges against Officer Ayres, which were
not as egregious as framed by them. Arbitrator Brown also found from the evidence that there was a predetermined outcome, which the Chief had sought, which a fair investigation had not produced.
Further, Officer Ayres had sought advice from a Sergeant who, in turn, did not make a decision other than to advise Officer Ayres to just write the report. When he did so, there were inaccuracies, but none that could be categorized as a false charge.
Based upon a pattern of discipline by the department in similar circumstances, Officer Ayres suffered disparate treatment. Arbitrator Brown corrected that when he reinstated Officer Ayres to duty with full seniority.
MAP continues to examine each and every case, and puts the best legal defense together possible to protect officers and their rights.
The City has tried to ignore the award of the arbitrator. MAP has commenced enforcement action in Oakland County Circuit Court; the case is before Circuit Court Judge Stephen Andrews. No decision has been made at the time News and Views went to print.