Fenton Headed Toward Arbitration with Police Officers' Union

Contract negotiations between and its union are headed toward arbitration, three years after the contract expired.

It expired June 30, 2008, said Assistant City Manager Michael Burns.

City attorney Stephen Schultz said, in response to a question from Councilman Tim Faricy, that, at the end of the arbitration, the city and the patrol officers will have a contract. They have the right to settle the contract up until the arbitrator issues his decision. A pre-hearing conference will take place in seven to 10 days, where they will receive a schedule and dates. He believes the hearing will take place in the fall.

The city is gathering information on police contracts in other communities, Schultz said. In response to a question from Mayor Sue Osborn, Schultz said the the state approves and pays for the chair of the arbitration panel. Fenton needs to gather information and prepare for exhibits at its own cost.

As for the issues the city and the union have been discussing, "We agreed to do our negotiations at the table and not in the press," Schultz said.

Fenton Police Chief Rick Aro declined to comment.

It would be a breach of the city's pledge to the police to discuss these issues. Examples of typical issues in contract negotiations, however, include wages, benefits and length of the contract, Schultz said.

The city has a duty to bargain in good faith, trying to resolve issues with normal negotiations, Schultz said. If it's unable to reach a contract with a police or fire department union, these unions have arbitration rights.

It goes to a "winner takes all" type of arbitration on economic issues, he said. The arbitrator decides the issue on which the two parties disagree, in favor of one side or the other. On wages, for example, the arbitrator would decide the question in favor of the city or the union and can't split the difference between them. On non-economic issues, such as holidays, the arbitrator can split the difference.

The arbitrator's decisions become the new contract, which takes effect until the next contract expiration date, he said. Only the city's police and fire department unions have arbitration rights. It does not apply to other units, such as the department of public works and clerical staff.

Michigan Public Act 312 of 1967 states, if a community and its public safety union (police or fire) can't reach a contract in collective bargaining or mediation, they must go to a three-member arbitration panel. One member represents the city, one represents the union and the state appoints the other.