DecisionJanuary 24, 2006 -
The Arbitration Board has found that the Last Best Offer made by
IAFF, Local 2067, is more in line with the factors required
under the Statute, specifically with reference to Factors 2, 3,
and 4, than the Last Best Offer of the City of Norman.
Accordingly, the Arbitration Board, Daniel J. Pagnano, Neutral
Arbitrator, awards the Union's last best offer.
Concurring: Jim Keesee, Union Board Member
Dissenting: Arland Perkins, City Board Member
Arbitration
Arbitration Hearing for the FY06 IAFF/CON Contract
December 20, 2005 - The IAFF Local 2067 concluded its
arbitration hearing with the City of Norman today. The
proceedings began at 9:00 a.m. in the City of Norman
multi-purpose room at City Hall and continued for 11 hours until
8:00 p.m. The Arbitrator for this case was Mr. Daniel Pagnano
from Houston, Texas. The Interest arbitrator for the City of
Norman was Norman Attorney, Rick Knighton. The Interest
arbitrator for the IAFF was Jim Keesee of the Norman Fraternal
Order of Police. The IAFF was represented by Attorney Jim Moore,
while the CON was represented by Attorney Tony Puckett.
In spite of the extended time spent on the single issue of
"wages", the proceedings can only be described as "dull". The
economic difference between the offer made by the CON & that of
the IAFF Local 2067 was an annual cost to the City of Norman of
$138,000.
The IAFF displayed evidence the City of Norman has funds to
support its offer. Counter evidence also refuted the CON's
standing that its own documentation, in terms of wage surveys,
were visually slanted in support of unbalanced comparisons.
Aside from ducking the confusing numbers analyzed from all
sides, the IAFF feels comfortable concerning its position and
its offer of a 4.5% ATB pay raise for the bargaining group, and
is therefore justified.
After the transcript is submitted, final briefs written and
handed to the arbitrator, we should all expect a decision on or
around January 24, 2006.
Joint Executive Board & Negotiations Meeting
November 9, 2005 - The IAFF Local 2067 Executive Board
& Negotiations Committee will meet in a joint meeting on
November 14, 2005 at 4:30 p.m. at the Union office to finalize
discussions towards the commitments for the upcoming December
arbitration hearing.
Seventh MeetingSeptember 28, 2005 -
Negotiations failed to continue today as representatives from
the City of Norman phoned the IAFF to inform them it would be a
waste of time to continue. Apparently the CON does not wish to
negotiate further in hopes of coming to an agreement for FY06.
NEXT: Arbitration. December 20, 2005.
Sixth MeetingSeptember 26, 2005 -
Negotiations moved onward with movement appropriate for
traditional deal-making. The IAFF began the meeting with a short
recap and made a quick movement from it's last 5.00% offering to
4.75% across-the-board pay raise. The City of Norman caucused
and returned with an increase of their offer by 0.2% to 2.70%.
After a second caucus by the IAFF, we returned to the table
with equal movement befitting a response appropriate for a
reasonable for allowing consideration by the entire IAFF 2067
membership, with a request for consideration of 4.55%. The
C.O.N. returned from a quick second caucus of their own with a
request to meet again as soon as possible. A tentative date of
Wednesday, September 28th at 1:00 p.m. was set.
Fifth MeetingSeptember 19, 2005 -
The IAFF Local 2067 & the City of Norman reentered negotiations
for FY06 at 3:00 p.m. today at City Hall. Quick movements were
made by both sides.
The meeting began with a quick review of where negotiations
left off when last meeting in July. The City of Norman proposed
a counter offer of a 2% 'across-the-board' COLA in addition to
asking for a contract "re-opener" relating to Article #26,
Health Insurance in which it was hoped the IAFF would consider
recommendations from the Employee Health Insurance Committee (at
such a time where recommendations would be developed).
The IAFF caucused, and returned with movement from the held
5.75% to a 5.00% 'across-the-board' COLA. The IAFF also
requested the second item, the City's Health Insurance
Re-opener, not be considered at this time and made no offer
relating to this item.
After stressing the importance and "possible negative affect"
the IAFF might inflict while not considering the second item at
this point in negotiations, the City took one final caucus.
Upon returning, the City of Norman again moved from its new
2.00% COLA to 2.5%. The only change to the request for
consideration of the Health Insurance Re-opener was the
correction that the two were not as "tied together" as
previously explained moments ago. Redefined, it now becomes a
"strong request" as an item for consideration.
The IAFF asked for more time in which to consider its
response and a date of Monday, September 26, 2005, at 3:00 p.m.
was chosen.
Arbitration Process BegunAugust 4, 2005
- While no Arbitrator, or date, has been determined, both sides
do have their "Interest Arbitrators" declared. The IAFF has
selected Jim Kesee. The City of Norman has selected Rick
Knighton. Conversations between IAFF attorney Jim Moore and CON
attorney Tony Puckett has began the process of sending for a
list of possible Arbitrators.
Forth MeetingJuly 14, 2005 - A possible
"last" negotiations session with the City of Norman was held
today at City Hall.
The IAFF began with an opening statement that requested the
City of Norman respond with a possible counter offer to the
IAFF's reduced wage offer left on the table from the previous
meeting. The CON was quick to answer with, "...there is just no
money" and "...1.0% is all there is...".
The IAFF bargaining team reaffirmed the position that the
"budget crises" the city is negotiating from does not appear to
be seen on either side of the $2,000,000+ addition to last years
forecast. There appears to be a better forecast this year than
last. When the IAFF asked if there was a situation to which the
City of Norman hasn't the "ability to pay", the response seemed
to indicate that there was no evidence, nor expressed in
conversations among City Staff, that the City negotiators could
bank on as evidential proof of not having authority to move any
further to reach a settlement.
After a short caucus desired by the IAFF, the Union was
forced to submit a request to proceed with the "Arbitration"
process. A formal request was given to the CON in accordance
with the provisions set forth in the Oklahoma Police and Fire
Arbitration Act that we wish to start this process. It was also
stressed to the City that our hope is that we can continue to
negotiate with the intent to resolve this single issue without
having to complete the Arbitration process.
We are now waiting for either a possible return to the table
if movement can be found by the CON or we will see them next in
a more formal setting. The City has five (5) days to contact us
with the City's Interest Arbitrators name and contact
information.
Third MeetingMay 18, 2005 - As
reported by Secretary/Treasurer Dennis Mitchell, this meeting
was 'quick and to the point'. Little was gained in negotiating
an FY06 wage increase as both sides of the table felt movement
away from all offers previously discussed were simply not that
foreseeable at today's meeting.
However, CON Finance Director, Anthony Francisco did attend
today's meeting in hopes of answering some questions that
perhaps the Union and City Negotiators could use in helping to
understand the positions of the opposite side of the debate.
Of noteworthy concern, was the CON feeling the IAFF should
have arrived at today's meeting ready to move from its previous
offer of the across the board 6% wage increase. In an attempt to
promote movement away from the CON's original offer of 1%, the
IAFF has asked for a 5.75% across-the-board pay increase for
FY06. A change of .25% from the previous offer.
As would usually be the case, the CON has asked to postpone
any adjustment in their offer until the next meeting which is
tentatively scheduled for Wednesday, June 15, 2005 at 10:00 a.m.
Second MeetingMay 17, 2005 - Little
ground was gained or missions accomplished in this the second
meeting of FY2006 negotiation talks between the IAFF Local 2067
& the City of Norman. This contract seasons flavor is somewhat
difficult to gauge as both sides of the table have but one issue
to deal with; wages.
The IAFF sees this as an opportunity to make talks this year
much less stressful and damaging than in previous years. (Quite
frankly, this would be by default as there are fewer items which
often bog discussions to uncomfortable levels.) The earlier
request, as it was left from the meeting past, revolves around
issues of Cost of Living, Pay-Parity, and adequate positioning
in a fair market total compensation bracket. It is with those in
mind the IAFF offered at the first meeting the settlement of a
6% across-the-board cost-of-living pay increase. The IAFF again
began this meeting hoping and asking for the prepared response
from CON Negotiating Team leader, Anita Breen.
Ms. Breen was fast and to the point on issuing an offer by
the CON of a 1% across-the-board wage increase for its Norman
IAFF members. The only discussed reasoning for suggesting this
introductory offer by Ms. Breen was recent news media articles
that she assumed we all had seen and could easily attest to when
combining its validity with this initial offering. Asked later
if she could help IAFF members understand the position the city
is taking on this offer, and any apparent suggestion the CON
might have with an "inability to pay" its firefighters an
increase more than discussed, it was decided that little
information could be utilized by Ms. Breen in meeting an
adequate response in support of the CON's position. In fact, it
was denied there being any connection at all to the 1% increase
and the hint of trouble in her segua of the offer. (Apparently
we will be seeing "flash cards" with numbers, fractions, and
percentage signs from here on.)
It was then suggested that we invite Anthony Francisco (CON
Finance Director) to the next meeting in an attempt to help Ms.
Breen not only provide some semblance of validity in adequately
representing the CON's situation, but to help those on the IAFF
side of the table see what evidence there could be in warranting
changes to what it feels are several factors in dealing with its
own wage offer. These factors, as discussed by Butch Crawford
again at today's meeting, include an increasing Cost of Living
Adjustment of 3.1 or 3.2, other metro area increases in Midwest
City, Moore, etc., parity issues with the FOP, and sales tax
increases of 4% or better.
The next meeting is tentatively scheduled for June 3, 2005 at
10:00 a.m.
First Meeting (Ground Rules)March 18, 2005
- The first negotiations session to mark the beginning of the
FY06 bargaining year has begun. It is of special consideration
this year that the IAFF & the CON will be negotiating ONLY on
two issues: Wages & Hazardous Materials Incentive pay for
certified HAZMAT Technicians at the TECH Level.
Both sides begun today's meeting by reviewing "ground rules"
for this years negotiations. After the IAFF and the CON took
several minutes in brief discussion on this topic, both signed
off on this primarily formal ritual.
The IAFF began the process by introducing the
key players on the IAFF Negotiating Team. Present were IAFF
President, Butch Crawford; IAFF Secretary/Treasurer Dennis
Mitchell; IAFF 2nd-Vice President Tim McDermott; and 3rd-Vice
President Leroy Lukinbill. New on the City of Norman (CON) side
of the table was found to be Anita Breen. Anita is the new CON
negotiator this year. She is the Principle Consultant for her
own firm, "Breen Consulting" in Stillwater, Oklahoma.
Knowing the only two topics at issue to be discussed would be
Wages & HazMat, the IAFF was fully prepared to meet both issues
head-on and delivered a fair and reachable offer on both issues.
It was hoped (but not expected) that negotiations could be over
before it really began. This was not to be the case.
Brief history lessons were required and given to the CON
negotiator as she was new to the bargaining process in Norman.
The IAFF was, and will continue to be, always mindful of that
fact and will offer any help in shining whatever light is
necessary on all topics from an IAFF viewpoint.
In short, the CON did not, could not, and would not, respond
in this particular meeting concerning either issue. They
required additional time to review both IAFF proposals and
hopefully will have some response at the next meeting.
The CON did blow the dust off of an old 16-City
Survey using magical ACCRA, Unequalized-Equalized, Market
Variant, Standard Deviated, & Mean Survey Compensated figures
and (not surprisingly from a CON point of view) showed the IAFF
somehow, "overpaid". A nice presentation; but hardly worth
loosing sleep over.
The next scheduled meeting will be held on Monday,
April 4, 2005 at 1:00 p.m. in the Multipurpose room at City
Hall.
January 2, 2004 - Letter sent to
the CON:
"Local 2067 I.A.F.F., Bargaining Agent for the
Norman Fire Department, is making notice herewith as provided
under O.S.A. 11 (1994) s51-101, et seq., of our intentions to
negotiate for items requiring the appropriations of monies and
other contract terms.
We will look forward to you contacting us for our first meeting.
In good faith and in a positive spirit; we will be looking
forward to this year’s negotiations."