Want 'Trooper' Deal

Want 'Trooper' Deal
State COs Near End Of Pay Arbitration

The union representing state Correctional Officers has reached the final stages of binding contract arbitration before a tripartite panel hearing its case. Representatives from the New York State Correctional Officers' Benevolent Association and the Governor's Office of Employee Relations have each spent four days arguing their cases in front of the Public Employment Relations Board panel.

LARRY FLANAGAN: Hopes to make up ground.

Award by February?

Both sides must still submit summary briefs to the panel based on the more than 4,000 pages of transcripts generated from the hearings, which were held over several days in October, November, and earlier this month. An award could be issued in February, insiders said.

NYSCOPBA, the state's largest law-enforcement union, represents 25,000 officers. The union's contract expired April 1, 2003.

"Being biased, I believe an arbitrator is certainly going to weigh what we presented in our favor," said Dennis Fitzpatrick, a NYSCOPBA spokesman.

A GOERS spokeswoman declined to comment. "We don't negotiate in the press; never have, never will," said Michelle McDonald. "That's why we have an arbitration panel."

The PERB panel consists of a representative chosen by the union, the state, and a neutral arbitrator agreed to by both sides. The union selected veteran labor attorney, Michael Axelrod and GOERS picked Walter Pellegrini. The panel is being headed by Buffalo-based arbitrator Thomas Rinaldo.

Expects Breakthrough

This is the first time that NYSCOPBA has gone to arbitration, rather than reaching a deal at the negotiating table. Governor Pataki signed legislation in 2002 allowing the union to take that route should an impasse be declared.

"We are expecting a big change in the way we do business with the State of New York," Mr. Fitzpatrick remarked. "And I think the Governor recognized that when he granted us binding arbitration."

NYSCOPBA is seeking a similar contract structure to what the state Troopers' Benevolent Association negotiated with the Pataki administration in June. That deal provided 12.5 percent in raises and a list of other improvements for veteran officers over four years. To reduce the costs to the state, however, the raises and benefits do not apply to entry-level Trainee I Troopers until the last year of the contract, April 1, 2006.

"There has been a tremendous separation between us and the Troopers, mainly because they've had binding arbitration since '95," Mr. Fitzpatrick said.

Big Pay Gap

Currently, the maximum pay for Correctional Officers is $50,000 after 25 years of service. In contrast, a State Trooper's maximum pay is $88,000.

NYSCOPBA, Mr. Fitzpatrick said, would not agree to reduce the starting salary for new officers to provide for additional raises for incumbent members. "They can't hire enough people now," he commented. "The [$28,000] starting pay is just turning people away."

The state Department of Correctional Services has an attrition rate of roughly 1,200 officers a year.

According to Mr. Fitzpatrick, filing for state Correctional Officer jobs held 15 years ago used to garner 19,000 test-takers. "Now we are lucky if we get 4,000, and the exam is held twice a year," he said.

At the PERB hearing, Kevin Decker, an economist, testified on behalf of NYSCOPBA, arguing that the state has the ability to pay Correctional Officers similar wages as other state law-enforcement groups. "In doing so, he used the state's own documentation that was submitted by [State Comptroller Alan G.] Hevesi and the budget reports," Mr. Fitzpatrick said.

Turmoil and Turnover

Over the past two years, the union has been fraught with internal turmoil, which may have prolonged the tedious arbitration process. In July, NYSCOPBA Vice President Larry Flanagan soundly defeated union President Richard Harcrow. The two men had been feuding over which law firm should be used to represent the union.

Despite those costly court disputes and the expense of paying for the arbitration process, Mr. Fitzpatrick asserted that the union has no intention of raising members' dues anytime soon. The union representing city Police Officers voted to increase membership dues by 35 percent in April, citing the cost of recent contract arbitration hearings and the loss of roughly 5,000 union members since 1999. The Patrolmen's Benevolent Association, however, has gone to binding arbitration four times in the last five rounds.

As for the pending NYSCOPBA award, Mr. Fitzpatrick said, "Whatever the award is, it will be; we can't change it."