Contract Negotiations

These notes are from the meeting between the Memphis Police Association (MPA) and the City of Memphis held on 03/12/08 at the Memphis Public Library (Central location). The meeting was scheduled to begin at 1200hrs. The following observations were made.

• The meeting began at 1247hrs. All members of each team were present with the exception of Rick Melton who is no longer with the negotiations team.
• CN Myers mentioned existing language articles 6, 10, and 26, wanting to withdraw offer of existing language on these articles.  Has information to give on information requests status.  Need to continue to discuss whether article 19 is economic or non-economic.  Need to discuss one issue left on ground rules.
• CN Godwin adds that article 18 (promotions) is non-economic based on its language and history. CN Myers states that the association has a long history of suing the city regarding promotions and therefore a cost is attached; because of economic impact, city feels it is now an economic item.  CN Godwin advised we cleaned up language in this article and does not believe this is a legitimate argument for making this economic, we wish to maintain as is.  CN Myers advises we will have to respectfully disagree.  CN Godwin asked what changed since last negotiations to change status of these articles to which CN Myers advised lawsuits regarding Lieutenants promotions.  CN Godwin advised that this is no different from negotiations of 2006 (no change), cannot attach a cost to promotions.  CN Myers advised the city remains firm in its position that promotions is economic and the association is firm that it is not; City says hours of work is non-economic and the association says they are. CN Godwin advised that the City finds grievances non-economic; however, it is because there is a cost associated with fighting grievances; the city’s stance is contradictory.  CN Godwin asked if the city is making a proposal to remove the promotional process from the agreement.  CN Myer advised that they are in discussion about a whole variety of things they are considering proposing as it relates that article. CN Godwin advised the city is already withdrawing three proposals they have already made and is hoping that the City is going to keep its word.  CN Myers felt insulted by CN Godwin’s assertion that he cannot be trusted because he did not keep his word.
• Regarding information requested, CN Myers advised that yesterday that he sent CN Godwin budget for the fiscal years of 2007-2008 and asked if that was what we requested.  CN Godwin advised she only had time to download and copy, asked what was in it; the budget of the police department.  CN Myers advised he believes that it does.  CN Godwin advised that we also asked for 2006.  CN Myers has additional information about the budgets which he will make copies of during the break.  CN Myers has a summary of officers as of 2/7/08 (gave to CN Godwin)which is in response to number of officers at each pay rate. Information is not broken down by pay grades (sergeant, Lt., etc.).  Information in response to item 12 was provided by CN Myers.  Item 1 has been requested (actuarial study).  Item 2 – CN Myers advised there is no single source of this information, if interested in a particular case, it is easy to find.  CN Myers asked if we wanted him to look up every promotional lawsuit for the last two years and add the costs.  CN Godwin advised she would think there was an amount that had been budgeted.  CN Myers advised he thinks she is correct, asks if this is related to bargaining unit promotions or all promotional processes.  CN Godwin advised promotions to Sgt. And Lt.  CN Myers advised Item 3 (college tuition paid out) may be contained in Police Employee work week payroll report.  CN Godwin advised we were requesting the college tuition reimbursement.  CN Myers advised he misread the request. CN Myers believes that report identifies the assignment of all bargaining unit officers and longevity pay (Item 6).  CN Myers advised that with regard to Item 7 no report, Item 8 he has requested the information.  CN Godwin asked if he can anticipate the time of arrival of the information to which CN Myers advised he would ask.  CN Myers advised that he has asked for Item 9.  CN Godwin asked if he did not know that off the top of his head (# of appointees the mayor can make.  CN Myers advised Item 10 should be contained in the Budget information (regarding special events).  He has requested the information for Item 11.  CN Myers asked for clarification for appointed positions within the City government or the divisions, to which CN Godwin advised just City government.  CN Myers advised there are 17 appointed positions within the Police Services Division.  Item 12 should be in the Work Week Payroll Report.  Item 13 (advised there is a budget item for OCU, but our requests encompasses more than the budgeted items and giving that information to us requires permission from somebody above his pay grade; has made the request and is awaiting a response.  Item 14 – has asked for that information, but has not received it yet, same for Items 15 and 16.  Item 17 & 18 – he is still waiting for that information.  Item 19 – does not have a single source to go to, must go to multiple sources.  Asks if it is all arbitrations involving any one member of the association or just issues arising out of that persons conduct or status.  CN Godwin advised any arbitration, must have some idea of costs associated.  CN Myer advised he does not know if they break the costs down in that manner, requires them to go in and figure out the costs associated with each grievance, not sure if they can do that.  CN Godwin asked if he knows this or just suspects it.  CN Myers advised he was being told they don’t have it in the form it’s being asked for.  CN Godwin advised she cannot really respond to whether or not what he produced is completely responsive to what we requested until she reviews the information.  CN Myers advised that he was showing an effort to comply with our requests.  CN Godwin advised that a lot of what we requested is still waiting to be produces which is inhibiting our abilities and that a lot of the information is what was requested two years ago and should not have been a surprise; obviously we don’t have a lot of time left, “Time is of the essence which is what Judge Mays said.
• CN Godwin asked where we were on the ground rules.  CN Myers advised the sticking point is the association asking for the assignment of members to the union hall for negotiations; their position is that Chief Tusant has already done that and there is no need to add the language to negotiations.  Would respectfully ask that the association accept the language and TA off on that.  CN Godwin advised that she would like to be able to say that they are making that offer in good faith and that there would not be any retaliation for efforts on this side of the table; however, we have had experience with retaliation and for that reason we would like it in writing.  It is the cities position that it has not retaliated against these officers or any other officers associated with this association.  There is no suggestion that Chief Tusant won’t continue to assign them at the union.  CN Godwin asks “so, what’s the problem with putting it in writing,” advised that the city wants to retain the ability to jerk the officers from the association at will; how do we assure that it is not going to change.  CN Myers advised that it just seems to be an overly paranoid view of the world to which CN Godwin advised that you’re not paranoid if somebody is really following you. The members of the team were assigned late, got a late start.  CN Godwin advised that there is not a whole lot of trust going on between the bargaining unit and the City; given the recent events and things that have happened, there is not a whole lot of trust; she advised that we will have to consider why they won’t do it.  CN Myers advised that his unwillingness to agree is not adding to her unsupported paranoia. He additionally advised that this is a “red herring” getting in the way of negotiations.  He advised that it is “us” here that is doing this, asked that we adjourn and think about it.  CN Godwin advised that the judge said it directly affected the bargaining unit, asked if he was going to comply with the judges order.  CN Myers advised that he had every intention of complying with the judge’s order.  CN Godwin advised that if they were willing to put in the ground rules that there will be no retaliation against the members of the bargaining unit.  CN Myers advised that he is paranoid that we were going to do something to him and will not promise not to retaliate.  CN Godwin advised that if he is going to draw in a line in the sand in regards to this argument, we will have to interpret what it stands for, says that if he says its paranoid then it feeds the lack of trust.  CN Myers said we can choose to think that way.  CN Godwin advised he is setting the tone for negotiations that they are giving, supposed to be give and take; advised that if they wanted to proceed without ground rules, they could, wouldn’t be any rules.  CN Godwin advised that we could move forward with existing language articles or break and go over where we are with the ground rules; asked about the date for the economic proposals.  CN Myers doesn’t have a firm date he could give us (promised to get with us during last week on this issue).
• 1:40 hours broke to caucus for 15 minutes.
• 2:31 meeting convenes. (Association back for negotiations at the 15-minute time limit.)
• CN Meyers offers division budgets for 2006, 2007, and 2008.  CN Godwin asks if this was the internal department line item budget.  CN Myers advised it is broken down.  CN Godwin advised that last negotiations we got a detailed departmental, broken down budget and this particular offering was very vague.  CN Myers advised he would go back and look as well as he had not broken down all of the information he had received; advised that what he gave was the whole City budget.  Mike Williams advised we were looking for the detailed budget as the Police Services Division received it (to Chief Tusant).
• CN Myers believes we should sign off on what we have agreed on at the moment and keep going.  CN Godwin advised no, we don’t have ground rules which are needed for negotiations.  CN Godwin advised one is the time limit which is when we can reasonably anticipate having a time limit on the offers; we traded things off that we have not agreed to.  We will go forward and agree to disagree as we may do on a lot of things.
• CN Godwin asked if the City offered EL on 1 & 2, and deletion of 55.  CN Myers advised yes.  CN Godwin advised we agreed.  TA signed off on these articles by City and Association.
• CN Godwin offered articles 13, 21, 25, 28, 29, 45, 47, 49, and 53, and asked if the City was willing to sign off on these as TAs.  CN Myers advised he had to caucus with his team.  When asked if he had the authority to agree, he advised that he did.
• CN Myers proposed that we reconvene on tomorrow or Friday at 10 am.  CN Godwin accepted the date of Friday, 3/14/08 at 10 am, same location.