Bitter Over PBA Award
Police Unions Keep Schmertz Off Panel

By REUVEN BLAU

While the State Senate finally moved to confirm more than 90 of Governor Spitzer's appointees last week, it has continued to oppose Eric J. Schmertz's nomination to the Public Employment Relations Board.

ERIC SCHMERTZ: Nomination in jeopardy.

Mr. Schmertz was the chair of the 2005 Patrolmen's Benevolent Association arbitration panel, which created much controversy by drastically reducing the starting pay for new cops to $25,100 for their first six months of training.

'Disgraceful Decision'

Practically all of the city's other uniformed unions have blasted that pattern-setting award, which also increased incumbent officer salaries by 10.25 percent over two years, because those raises were partially funded by slashing the pay scale for new cops and other givebacks.

"We thought the decision he made in the PBA arbitration was disgraceful," asserted John F. Driscoll, president of the Captains Endowment Association. "To tie a raise into taking things away from the unborn ... look at how New York is suffering because of that decision. We can't hire police officers."

JOHN F. DRISCOLL: Contract's residue lingers.

Two days after the special session in Albany, Mr. Schmertz called that position "totally erroneous."

He acknowledged that he was disappointed, but said he understood the political dynamics. "For me it doesn't matter much; I have a very substantial practice," he remarked during an Oct. 25 phone interview. "It would not be a major part of my activities."

'Bound to Make Enemies'

He added, "I'm not overly surprised. After 50 years and 10,000 arbitrations, there are bound to be some people who oppose my nomination. I would like to see one of the legislators up there who was elected without opposition."

Mr. Schmertz once again stressed that the 2005 decision was a unanimous award agreed to by the parties representing both the Bloomberg administration and the PBA. He has also maintained that the award did not cover the supervisory unions, although the city used its terms as a pattern for all other uniformed unions.

The vacancy on the tripartite board is starting to create a backlog of labor cases pertaining to the state's largest public-employee union.

Compounded by Recusals

PERB Chairman Jerome Lefkowitz has recused himself from all matters involving his longtime former employer, the Civil Service Employees Association.

Similarly, the agency's other board member, Robert S. Hite, has removed himself from handling issues dealing with Council 82 of the American Federation of State, County and Municipal Employees. He served as the general counsel of that union from 1995 to 2000.

As a result, PERB has not addressed any matters brought to the board by those two unions - the largest state-employee organizations - since last December.

Mr. Schmertz last week pointed out that he hasn't worked for any unions. "I would not have to recuse myself from anything," he asserted. "I'm more impartial than they are, and yet I'm not being confirmed."

The opposition of the unions representing NYPD Detectives, Lieutenants and Captains has apparently been enough to persuade Senate Majority Leader Joseph L. Bruno to bottle up the nomination.

Not all the police unions have lobbied against Mr. Schmertz. The PBA had initially backed his nomination but declined to comment last week. Sources have indicated that Mr. Schmertz's name may be removed in favor of a new appointment.

Small Unions Have Clout

The apparent political victory showed that the smaller police unions still have the ability to sway key legislators, despite the resistance of the PBA, insiders pointed out.

The belated confirmation of other gubernatorial appointees during last week's Special Session of the Legislature represented a brief thaw in the icy relations between the Governor and Mr. Bruno that has existed virtually throughout Mr. Spitzer's first year in office. Their fragile relationship completely fractured in July after Attorney General Andrew Cuomo issued a report which found that the Governor's top aides had misused the State Police in their attempt to embarrass Mr. Bruno, the top Republican state official.

In reaction, the State Senate's Investigations Committee launched a probe into the matter, arguing that it wasn't fully investigated by the AG's Office, which doesn't have subpoena power. That investigation has halted all pending legislation, with the confirmations the lone breakthrough.

Shortly before midnight on Oct. 22 the Senate approved more than 90 of the Governor's appointees to various agencies and boards. "The Senate took one step forward by addressing the gridlock created by its failure to confirm nominations to state agencies," Mr. Spitzer said.

According to published reports, there are still 22 nominees waiting for confirmation for positions in various agencies, including the Public Service Commission and the Port Authority.