Date: Fri 16-Aug-1996

Publication: Bee

Author: ANDYG

Quick Words:

police-pension-arbitration

Full Text:

Police Union Wants Arbitration On Pension Issue

B Y A NDREW G OROSKO

The Newtown Police Union is seeking to have a judge order the state Department

of Labor to arbitrate a union grievance against the town concerning police

officer pensions.

The labor contract dispute between the union and the town focuses on which

police retirees would be eligible to receive a "cost of living adjustment"

(COLA) to their pension. Such COLA's provide annual increases in pension

benefits to compensate police retirees for the rising costs of living.

The town maintains that for a retiree to be eligible for a pension COLA, he or

she must have worked for at least 25 years, and must be at least age 55 at the

time of retirement.

The police union maintains that a retiree is eligible for the pension COLA at

age 55 provided that the employee worked for at least 25 years, even if the

retiree hasn't reached age 55 at retirement.

The police union's interpretation of the contract language would allow a

police officer who joined the force at age 25 and retired at age 50 to collect

the pension COLA after reaching age 55.

The dispute stems from varying interpretations of ambiguous contract language

on police pensions in the union's 1989-91 labor contract.

Last spring, the town and the union attended a hearing on the contract dispute

at the state Board of Mediation and Arbitration in Wethersfield.

The town claimed that the police union grievance isn't subject to the state's

arbitration process. Arbitration panel members Thomas Staley, Donald Bardot

and John Colangelo unanimously agreed that the grievance filed by the town

isn't subject to arbitration and the panel didn't arbitrate the dispute.

In their decision, the arbitrators wrote "No actual dispute exists at this

time involving any employees. The problem is not `ripe' for action by this

panel. It is obvious that the problem may, in the future, affect individual

employees, at which time the matter would have to be resolved. It is further

felt by this panel, unanimously, that the subject matter should be presently

addressed by the parties and resolved. It is found by this panel that, if not

resolved by the parties, the matter should be addressed in interim bargaining,

not grievance arbitration."

In its appeal filed in New Haven Superior Court, the police union seeks to

have a judge force the state arbitration panel to consider the union's

position on the pension COLA as an arbitration matter at an arbitration

hearing.

In the court appeal, the union claims the arbitrators exceeded their authority

by refusing to address the merits of the dispute between the union and the

town. The town is scheduled to appear in court August 26 to address the issues

raised by the union.

Acting Lieutenant Henry Stormer, head of the police union, explained this week

that if a police officer has served at least 25 years, his pension amounts to

50 percent of his average annual pay during his last three years of service.

The COLA, which is variable in size, is limited to a maximum three percent of

the pension per year.

Acting Lt Stormer said that under the town's interpretation of the pension

COLA issue, he would have to work for 36 years to be eligible to receive the

pension COLA.

Although the police union has either settled or dropped 32 other labor

grievances which it had pending against the town, the union hasn't dropped the

pension COLA grievance because it is very important, the union president said,

adding that labor issues concerning pensions and medical benefits cannot be

treated lightly.

Union members contribute toward their pension fund, he said, adding the

employee contributions to the pension fund increased after the COLA provisions

went into effect.

The current legal action stems from a union grievance filed on the pension

COLA issue in June, 1993.

The police officer who might be first affected by the pension COLA issue is

Sergeant Klaus Ertl who will be retiring August 16 after 26 years of service.

Sgt Ertl is 47 years old.

The Newtown Police Union is a member of the American Federation of State,

County and Municipal Employees (AFSCME), Council 15, Local 3153, the American

Federation of Labor and Congress of Industrial Organizations (AFL-CIO).