Public Act 312 is already doing the job it was designed to do with public safety employee unions
John Buczek
PA 312 is rarely used and reforming it will not result in cost savings for communities. As it is written, it provides tools needed for both municipalities and public safety employees to negotiate labor contracts in good faith.
As referenced in Mr. Dearing’s editorial, PA 312 has been in effect since the 1960s when it was put into place by Gov. George Romney following a string of strikes by police officers and firefighters in at least four Michigan communities. It was decided at that time that legislation needed to be put into place to prevent public safety officers from walking off of the job and to ensure safety in our communities was made a priority at all times. PA 312 has done just that - it has kept public safety officers on the job.
Two concerns that are raised in the editorial are the issue of the ability to pay and the time it takes to go through the arbitration process. I feel it is important to address each of these issues.
First, ability to pay is considered during arbitration in every instance and it is an essential component for the effectiveness of the process. As written, in Section 9 of PA 312, it is clearly stated that an arbitrator MUST consider the ability of the community to pay in its finding, opinion and award. It is the responsibility of the arbitrator to ensure that the process is followed completely as defined in the law.
As for the amount of time the arbitration process takes, the example included in the editorial is an anomaly. In a typical situation, before going to arbitration, a mediator is assigned to verify that negotiations are at a point of impasse. It is up to the municipality to attend the meeting and not reschedule for any reason to avoid delays. After meeting with both parties, if they feel that parties are too far apart in negotiations, a mediator then can declare that an arbitrator is needed.
It is up to both parties to act in a timely manner to keep the process on track. Throughout this process, public safety employees stay on the job focused on the safety of our communities - often working without a signed contract. This fact alone demonstrates the effectiveness of PA 312.
This process illustrates that the law was developed to serve as a last resort and it is being used in this way to ensure labor negotiations are fair. In 2010, out of the hundreds of instances when counties, cities and townships work to solve issues in good faith with public safety officials, only 4 percent ever entered into arbitration. And even more telling, more than 60 percent of the time, municipalities were awarded favor in issues before administrators. Now that the whole story has been told, I believe it is clear that PA 312 is an essential tool used to control costs and negotiate fair agreements with police officers and firefighters.
John Buczek is the executive director of the Michigan Fraternal Order of Police.
Comments
snapshot
Tue, Mar 29, 2011 : 7:12 p.m.
This analogy is like holding a gun to someones head and then claiming they did everthing the were "asked" to do by their own "free will". How stupid do union folks think the public is? We understand unions are trying to hold on for dear life because they know they have it better than good. If they had started out cooperating instead of declaring war maybe public opinion would be different. Now we can see through the smokescreen and we're enforcing the "no smoking" signs.
ToddGack
Mon, Mar 28, 2011 : 2:54 a.m.
Mayor Hieftje is always saying the exact opposite than this guy and Mayor Hieftje is always right. I wonder whose information is correct?
Edward R Murrow's Ghost
Sun, Mar 27, 2011 : 7:34 p.m.
"Police need to be deunionized period." Because you say so? So that we can pay them less and get better officers? Good Night and Good Luck
snapshot
Tue, Mar 29, 2011 : 7:16 p.m.
Ghost, what did they pay you when you joined the military? Would you have been a better man if they paid you more? Would you have been a better Colonel on a generals' salary?
Huron74
Sun, Mar 27, 2011 : 7:13 p.m.
Police need to be deunionized period.
Edward R Murrow's Ghost
Sun, Mar 27, 2011 : 6:41 p.m.
"If Public Act 312 is performing as you say it should, then why are so many trying to reform it ?" For the same reason that there was a rush to reform the EFM Act? Under the former law, a muncipality/school district could not declare bankruptcy unless it had been under an EFM for at least 6 months and only if the EFM approved. That no Michigan city had ever declared bankruptcy would seem to suggest that the old law was doing exactly what was required--getting the city's finances under control without bankruptcy and the negative impact that would have on municipal bonds across the state. But we now have a new law that is different from the old one in two substantial regards: 1) there are numerous very subjective trigger points that did not exist before, and 2) it permits the EFM to void contracts. Notwithstanding that fact the 2) likely is unconstitutional (Art. 1, Sec. 10 of the US Const), the only conclusion to be drawn from this set of facts is that the new EFM law is union busting through the back door. Just as recision of PA 312 would be--except that would be by the front door. Next silly question? Good Night and Good Luck
glacialerratic
Sun, Mar 27, 2011 : 3:30 p.m.
The effort to "reform" PA 312 comes from the corporate-funded brain-trust of the American Legislative Exchange Council (ALEC) that has been driving this and dozens of similar pieces of legislation in a blitzkrieg sweeping Michigan, Ohio, Wisconsin, Indiana, Arizona and other states where Republicans have captured governorships and legislatures. The benign-sounding ALEC (sort of like Rick) has worked for years to prepare cookie-cutter legislation for rapid passage at the state level to roll back labor rights and workplace safety regulation, slash environmental and health protections, cut education funding, privatize prisons and a host of similar laws that will return us to the 1890s. Most information on their website is not public, but you can get a sense of this strategy by the titles of the so-called "model" laws ALEC seeks to implement: <a href="http://www.alec.org/AM/Template.cfm?Section=Model_Legislation1&Template=/CM/HTMLDisplay.cfm&ContentID=13763" rel='nofollow'>http://www.alec.org/AM/Template.cfm?Section=Model_Legislation1&Template=/CM/HTMLDisplay.cfm&ContentID=13763</a> Snyder used ALEC's cooked information about public education in his campaign: <a href="http://www.governorelectricksnyder.com/vision-plan/policy-central/reform-michigans-educational-system" rel='nofollow'>http://www.governorelectricksnyder.com/vision-plan/policy-central/reform-michigans-educational-system</a> Who's behind ALEC? Koch Industries, Exxon, Pfizer, Johnson & Johnson, State Farm and many others. ALEC's interests and sponsors align closely with those of Michigan's Mackinac Center for Public Policy [<a href="http://www.sourcewatch.org/index.php?title=Mackinac_Center_for_Public_Policy#Funding" rel='nofollow'>http://www.sourcewatch.org/index.php?title=Mackinac_Center_for_Public_Policy#Funding</a>], which feeds at the same trough of corporate and right-wing foundation funding. The American Legislative Exchange Council and the Mackinac Center may sound like neutral organizations committed to the public interest and public good. But they are committed to private and corporate wealth and power, and mask a deeper and bleaker agenda that will cripple and impoverish the people of Michigan and America for a generation. To see how this is playing out in Wisconsin, see the blog of William Cronon: <a href="http://scholarcitizen.williamcronon.net" rel='nofollow'>http://scholarcitizen.williamcronon.net</a>
DonBee
Sun, Mar 27, 2011 : 5:39 p.m.
Both sides have groups the cook stuff up for them. And, we the citizens end up dealing with the fallout. The politician class continues to rule society. There is no difference between what Democrats and Republicans want at the top levels of the political class, they want power and control.
DonBee
Sun, Mar 27, 2011 : 1:08 p.m.
As I pointed out in the prior article there are small changes that would make PA-312 more effective. Simple changes like having each side put a best and final offer on the table. Using the offer from the side that moving the fastest as the wage until the case is settled. Creating a statewide database of wages and benefits that is available to the arbitrator is also very useful. Finally setting a uniform set of actuary tables that will be used, as well as retirement and medical cost tables. This way there is less wiggle room and everyone is operating from a single set of references. PA-312 is a great law, it just needs a few tweaks.
snapshot
Tue, Mar 29, 2011 : 7:22 p.m.
I'm not up for any "small changes" I say scrap it entirely. If unions were up for small changes they would have been made by now instead of taking advantage every chance they get. Unions declared war with their resistance to adapt, now the public wants total victory and is tired of being held hostage by such an entitled and ungrateful few.
Townie
Sun, Mar 27, 2011 : 1:06 p.m.
The whole rush in Lansing for a bunch of new 'emergency' powers reminds me of the rush following 9/11 to enact a whole bunch of rather poorly thought out, draconian things like the 'Patriot Act' (almost an oxymoron) that reduced our freedom in the guise of doing exactly the opposite. The Republicans are in a rush because they know that public opinion is starting to question these attempts to bypass local government, long held laws and practices. It's pretty clear the intent of all these new powers -- limit the ability of workers to bargain for fair wages and to limit the ability of unions to support candidates (usually Democrats). The Republican strategy is to use the money of the wealthy and corporations to gain a stranglehold on democracy and 'restore' things to the way they were in the 1890s.
snapshot
Tue, Mar 29, 2011 : 7:32 p.m.
So what's a "fair" wage? I'm sure union members are enjoying the discounted prices in the restaurants and shops. Their purchasing power has increased along with their wages and benefits while the businesses that serve them and create employment make much less profit. Unions are now complaining about the reduced business tax too. This shows the complete "disconnect" from economic reality union members have because they have been a "protected" class. So how do you define "emergency"? I'm sure individuals who share your concerns could do better with years of useless rhetoric that gets nothing accomplished unless all parties can't get their way. Brilliant. Some folks want to get something done and to do it they need the tools to get it done, not "talk" about it forever.
snoopdog
Sun, Mar 27, 2011 : 1:01 p.m.
If Public Act 312 is performing as you say it should, then why are so many trying to reform it ? Take off your "rose colored union glasses" my friend. The public ( taxpayers) have been getting stiffed for years by public unions. Good Day
braggslaw
Sun, Mar 27, 2011 : 12:44 p.m.
Surprise.... as a police officer you agree. The act has led to a shift of power from the taxpayers to special interests (police and fire unions) which have increased costs for the taxpayers.