Date: Fri 15-Aug-1997

Publication: Bee

Author: ANDYG

Quick Words:

police-union-grievance

Full Text:

Police Union Files Grievance Over Department Reorganization

BY ANDREW GOROSKO

The Newtown Police Union has filed a labor grievance against the town charging

that a police department reorganization has violated provisions of the police

labor contract.

In the grievance filed August 8, Patrol Officer Robert Koetsch, the union

treasurer, alleges that the collective bargaining agreement, the police

department's rules and regulations, and the department's policies and

procedures were violated August 5 when the Police Commission, without

informing the police union, voted to reorganize the police department by

eliminating bargaining unit positions, and changing duties, titles and hours

of employment.

"The Police Commission and the bargaining representative for the town failed

to advise, discuss, bargain in good faith, negotiate, and act `above board'

with the members of Local 3153," according to the grievance.

The grievance alleges the action violates state law and negatively affects all

union members, as well as affecting wages, working hours and conditions of

employment, which are mandatory subjects of collective bargaining.

As a remedy, the union seeks to have the deleted positions restored and then

have the union and the town enter negotiations over the effect the changes

would have on union members.

The union contract runs from July 1, 1995, to June 30, 1999.

Captain Michael Fekete is on an extended leave of absence. In his absence,

Lieutenant Owen Carney, who formerly headed the detective division, has been

named acting captain. Sergeant Henry Stormer, who formerly worked in the

patrol division, has been assigned as acting head the detective division.

Patrol Officer James Mooney has been named an acting sergeant in the patrol

division.

Reorganization

According to the union, the reorganization of the department involves

eliminating the post of detective division lieutenant. Also, the captain's

duties have changed, the union says.

In the police department, the chief and the captain have individual work

contracts with the Police Commission and aren't covered by the union contract.

According to the union, the sergeant who now heads the detective division will

perform the duties formerly handled by the detective division lieutenant. The

duties, wages, schedule and title of the detective division sergeant aren't

addressed in the union contract, according to the union.

Certain duties of the lieutenant who has overseen the patrol division will now

be handled by the captain, according to the union. The patrol division

lieutenant will now work in an administrative capacity.

The captain, who won't be covered by the collective bargaining agreement, will

be doing the job formerly held by two bargaining-unit lieutenants, according

to the union.

Due to the reorganization of the police department, bargaining-unit work and

non-bargaining unit work are being interchanged without negotiations,

positions are being eliminated and created without negotiations, and duties

are being added and subtracted from various posts without negotiations and

compensation, according to the union.

In an August 6 letter to First Selectman Robert Cascella, police union lawyer

Harry B. Elliott, Jr, wrote the union doesn't approve of the reorganization of

the police department. The action violates the Municipal Employees Relations

Act, he wrote, demanding that the town not implement the changes until they

have been negotiated with the union.

Police union secretary Scott Ruszczyk said, "There is a police union, and they

[town] do have to negotiate with us."

Police Chief James E. Lysaght, Jr, was on vacation and wasn't available for

comment.

Police Commission Chairman William Meyer said Thursday morning he hasn't seen

the grievance filed by the union.

Police Commission members carefully reviewed the changes, which they made to

improve the police department's operation, he said. The commission has the

right to organize the department as it sees fit for its efficient operation,

according to the commission chairman. The changes are positive ones, he added.

A lieutenant isn't needed to run the detective division, Mr Meyer said, noting

the supervisor of that division only oversees several people. A lieutenant

should have more responsibility than that, he said. The changes made by the

Police Commission make for a more equitable distribution of the police

department's workload, Mr Meyer said.

Mr Cascella said, "I can't comment on a labor matter. The filing of a

grievance certainly is their [police union] right."

"They feel there's an impact on their duties and responsibilities," he said of

police union members.

When the chief returns, the chief will do what he deems necessary, Mr Cascella

said.

If union members are unsatisfied with the chief's response to their grievance,

they can bring the matter to the first selectman. If they are unsatisfied with

the first selectman's response, they can submit the matter to the State Labor

Board.

Besides the union's right to file grievances, management also has certain

rights in running the police department, Mr Cascella said.