Date: Fri 28-Mar-1997

Publication: Bee

Author: ANDYG

Quick Words:

police-union-appeal-Stormer

Full Text:

Police Union To Appeal Unfavorable Court Ruling

B Y A NDREW G OROSKO

Newtown Police Union President Henry Stormer said this week the union will

file an appeal with the State Appellate Court over a recent Superior Court

ruling favoring the town in a long-running labor dispute between the town and

the union.

In that ruling, New Haven Superior Court Judge Beverly Hodgson denied a police

union request to invalidate a past arbitration decision on a contested issue

involving annual pension "cost of living adjustments" (COLA) for retired

police officers.

"We believe there's an error in the ruling," Sgt Stormer said.

The police union filed a grievance on June 14, 1993, alleging that the town

had violated the police labor contract by taking the position that in order to

be eligible for an annual COLA in their pensions, police officers must be at

least 55 years old at retirement and must have worked for the department for

at least 25 years.

The police union claims that the pension COLA should be provided at age 55 to

officers who retired before age 55 with at least 25 years of service.

On June 24, 1993, the union filed a demand with the State Board of Mediation

and Arbitration for binding arbitration to resolve the dispute.

The panel ruled that the dispute was nonarbitrable because no actual dispute

existed concerning the payment made to any individual employee. The panel

urged the town and the police union to negotiate rather than seek grievance

arbitration.

In September 1996, the police union filed a labor grievance after the town

decided against providing any future COLA pension benefits to retired Sergeant

Klaus Ertl. Ertl retired last year with more than 25 years of service, but he

hadn't reached age 55 at his retirement. The town claims Sgt Ertl isn't

entitled to receive COLA pension benefits when he turns 55. The police union

claims Sgt Ertl is entitled to receive such COLA payments starting at age 55.

Sgt Stormer said the grievance the union filed on behalf of Sgt Ertl last

September will be submitted to the State Board of Mediation and Arbitration to

resolve it.

The pension COLA issue applies to police officers who were hired before they

reached age 30, Sgt Stormer said.

Of the disputed COLA funds, Sgt Stormer said "It's a hell of a morale issue."

"It's a political red herring," the sergeant said, adding the pension COLA

benefits were provided to the police under the terms of a labor contract

negotiated between the police union and former first selectman Rod MacKenzie.

"It's very upsetting for (the police) to pay for something and be denied a

couple hundred dollars a year when we retire," Sgt Stormer said.

Police officers have deductions taken out of their paychecks for COLA pension

benefits.