March 16, 2010 TRANSMITTAL MEMORANDUM City of West Haven - and - AFSCME Co. 15, Local 895, Police Case No. 2009-MBA-64 AWARD OF THE ARBITRATION PANEL M. Jackson Webber, Esquire, Panel Chair John M. Romanow, Esquire, Management Member Paul Ariola, Labor Member OO Representatives of the parties: Christopher Hodgson, Esquire Certified return receipt requested Richard Gudis, Esquire Certified return receipt requested CC: Town Clerk; City of West Haven Derrick Kennedy, CCM John Olsen, President CT. AFL-CIOSTATE OF CONNECTICUT LABOR DEPARTMENT ARBITRATION AWARD UNDER 7-473C of the GENERAL STATUTES, STATE OF CONNECTICUT In the Matter of Arbitration Between ) ) CITY OF WEST HAVEN ) March 16, 2010 ) -and- } ) AESCME, CO, 1! 95 ) Case No. 2009-MBA-64 The undersigned Arbitration Panel, having been duly appointed in accordance with the Rules of Procedure of the Connecticut State Board of Mediation and Arbitration, and pursuant to the provisions 7-473c of the General Statutes of the State of Connecticut, does respectfully make this Arbitration Award as required by said Statute REPRESENTATIVES OF THE PARTIES Appearing for the City: Christopher Hodgson, Esquire Appearing for the Union: Richard Gudis, Esquire MEMBERS OF THE ARBITRATION PANEL M. Jackson Webber, Chairman John Romanow, Esquire Management Member Paul Ariola Labor MemberINTRODUCTION This dispute concerns bargaining between the City of West Haven and AFSCME, Council 15, Local 895 over the negotiation of a Successor Labor Agreement. The undersigned arbitrators were designated to hear and decide the dispute in accordance with Section 7-473c of the Connecticut General Statutes. On May 7, July 23, August 13 September 8, September 10, September 16, and October 20, 2009 the parties appeared before the arbitration panel in West Haven, Connecticut. Both parties were represented and were accorded a full opportunity to submit evidence, examine and cross-examine witnesses and present arguments. The parties' last best offers on the issues in dispute were submitted to the panel on December 9, 2009. The panel members met in several executive sessions to deliberate and decide each outstanding issue. The agreed-upon language submitted at the arbitration hearing is incorporated and made a part of this awardRY FACTORS "“(2) In arriving at a decision, the arbitration panel shall give priority to the public interest and the financial capability of the municipal employer, including consideration of other demands on the financial capability of the municipal employer The panel shall further consider the following factors in light of such financial capability: (A) The negotiations between the parties prior to arbitration; (B) the interests and welfare of the employee group;.....(C) changes in the cost of living;.....(D) the existing conditions of employment of the employee group and those of similar groups; and .....(E) the wages, salaries, fringe benefits, and other conditions of employment prevailing in the labor market, including developments in private sector wages and benefits."In the Matter of Binding Interest Arbitration CITY OF WEST HAVEN 1 CASENO. 2009-MBA-G# -and- 1 December 15, 2009 AFSCME CO. 15, LOCAL 895 : POLICE CONTRACT : ED 1 IN DISPUT] Tssue | Paragraph | Article/Section | Party Description #_| Number i 27 35 Gy Shife Selection Period (13 weeks) z 28 36 Gay Shift Selection Period (13 weeks) 3 Ey 37 Gay Shife Selection Period (13 weeks) & & 33 Union ‘Vacation Accruals 5 a 2 Gity/Union | Wages -Jan. 1, 2009 é 30 a3 City/Union | Wages — July. 1, 2005 7 oi oa Gig/Union | Wages — July 1, 2000 3 Tia oa City/Union | Wages ~ July 1, 2071 5 5 101 [Union | Tangeviey 70 106 Tit Union __| Educational Benefits Tos 107 115 Union | Educational Benefits ii 19 722(8) | Union | Rates of Pay Extra Police Duty 2 120 T22(0)___| Union __| Rates of Pay Exera Police Duty a we 13.2(A) | Union | Change Minimum Staffing Levels,T [Issue | Paragraph | Article/Section Party Description | # | Number { oe i 145 BAA Gy | Minimum Staffing /Acbierabiliey ! r Ta oa easel Gy Minimum Staffing/Substanave Bey ion tis Duty City Staffing e759 [7 7338) Trion Exwa Duty City Staffing | t _ being filled (sss 13.4 City Extra Duty Shift Selecuon Period (13 weeks) zB Lie se (Tia "How Comp Time can be used oa [7 336@) Union T Comp Time | aoa as @ Trion Comp Time (delete) teas 136 @ { Union ‘Comp Time 3 175 14.2 City Declared Holiday aa eT Caioa | Examinations/Promouons/Dex, Dev Sgt f 25 | 242a | 18.1 (F) (new) _| Union I Examinations /Promotions/Det., Det. Sgt 6B ay ig Premium Cost Share for Cenvary Preferred i i i __POS Plan - 2009-2010 : 2712500 t WIA) | Ge | Premium Cost Share for Century Prefered | | { | | POS Plan - 2010-2011 i) | 2506 TAY i | Premium Cost Share for Century Preferred t | i | POS Plan 2011-2012 20am comes 25 3 nel mt T9510(G) it Taa acy I Tn- Network Benefit Co-payments 20092010 T t (Bo) 2538 19.1 B) iat City In-Network Benefit Co-payments — 2010-2011 Stee east ear ay In- Network Benefit Co-payments ~ 3011-3012 32 | 338 91 Bie} Gx Prescription Co-payments ~ 2009-2010(Issue | Paragraph | Article/Section [Party Description |_# | Number ! t 5] Siew @it (Cig hee ae es en 4 2586 TBE oi Prescription Co-payments — 2011-2012 35 293 41a) __| Ciny Gin’s ik plan for new hires 36) 331, TAD { Secuve Brean shin a 13 woe iar (A) | City | Detective weekend off schedule June 30, 2012 PAGENER U.ACAN N917175\ a2 0888 DOCL 1_= Paragraph No. 27, Articl tion 5.5 City - Shift Selection Period (13 weeks) ISSUE 2 - Paragraph No. 28, Article/Secti 6 ity = Shift Selection Period (13 week: ISSUE 3 - Paragraph 29, Article/Section 5.7 ity - shift tion Period (13 weeks SSUE 18 - Para lo. 153, Article/Section 13.4 ty = Extra Du ift Selection P 13 weeks E_36 = Paragraph No. 331, Arti tion 29.1)A\ City - Detective Bureau shift bid (13 weeks The City is requesting to amend the shift selection period from fifty-six (56) days to ninety-one (91) days as it applies to Patrol Officers, Sergeants, Detectives, Detective Sergeants. Lieutenants, and the Detective Bureau The City stated that the current practice of eight (8) weeks is too frequent. “They start four weeks prior to the time to bid so they are only four weeks into the existing pick when they are already rebidding shifts. (Tr. 9/10/09, p.7). Moreover, the West Haven Police Department has a community oriented policing and problem solving philosophy. For that to be successful, the officers have to be in their district and work together with the citizens to solve issues in their district. Id., p.8 6Therefore, with officers currently picking new shifts every 8 weeks, it is very difficult to have any continuity in a particular district. Id.” (City Brief, page 14). Further, the City claimed that prior to the last two contracts, the Police officers had a twelve (12) week bid cycle The Union argued that “The Chief testified that the rational the City offered for extending assignments to particular beats for 13 weeks rather than eight weeks was to foster relationships in the community and improve community policing. (Hr 9/10/09 p line 14-20) Shift Commander Lt Burton Gifford testified that this did not make sensed because although bids were made, more often than not officers found themselves working various areas of the city at various times with very little continuity.” (Union Brief, page 13). Further, Chief Quagalini who was in favor of the change from 8 weeks to 13 weeks has retired and changes in the schedule should be made with the new Chief. It appears that the current shift selection process has worked well for the City and the employees. After reviewing all of the information received by the arbitration panel, in light of the Statutory Criteria, the Last Best Offers of the Union for Issues 1, 2, 3, 18 and 36 are accepted. The Union appointed Arbitrator agrees with the Neutral Arbitrator based upon the same Statutory Criteria, and the City