Mixed bag as police in St. Louis area adjust to union ruling

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Mixed bag as police in St. Louis area adjust to union ruling
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ST. LOUIS • Jeff Roorda labeled a single manila folder "Grievances" after the St. Louis Police Department ratified its first-ever collective bargaining agreement in May.

Since then, the business manager for the St. Louis Police Officers' Association quipped, "I've had to buy more folders."

So far, the association has filed 10 grievances, with five more in the works, Roorda said.

That's more than Roorda expected, but it may just come with the territory as the St. Louis Police Department adjusts to life under a contract for the first time in its 150-year history — a move prompted in large part by a Missouri Supreme Court ruling.

Officers in the department are among thousands of public employees in Missouri experiencing their first brushes with collective bargaining following the 2007 ruling.

It's a process that's going more smoothly in some police departments than others. Some unions are locked in court battles with cities, while others have reached a peace — uneasy or otherwise.

"In the infancy stage of anything like this, there are going to be bumps in the road," said Sgt. David Bonenberger, recently elected as president of the St. Louis Police Officers' Association.

CLIMATE CHANGES

In 2007, the Missouri Supreme Court overturned a 60-year precedent and, siding with a group of teachers from Independence, Mo., ruled that collective bargaining rights apply to public employees as well as private sector workers.

Before the decision, known as Independence-National Education Association vs. the Independence School District, governments were required only to "meet and confer" with certain public employee groups.

As part of the 2007 decision, the court said the Missouri Legislature is responsible for passing laws to establish a framework for cities to follow as teachers and officers seek union representation. The Legislature has not done that, so disputes have landed back before the state Supreme Court.

The Fraternal Order of Police sued Chesterfield and University City, saying officials rejected the union's requests to represent officers and sergeants. The Missouri Supreme Court heard those cases, along with a similar dispute involving teachers at a St. Louis charter school, in November.

The court's ruling in the cases could determine how thousands of workers choose unions, whether government employers must bargain in "good faith" and exactly what that term means.

"If the court sides with (the cities), it will render the Independence decision ineffective," said Sally Barker, a labor relations attorney who represented the Independence teachers and now represents the St. Louis Police Officers' Association and the Fraternal Order of Police.

Barker said she expected a decision early this year.

A WARMER RECEPTION

The St. Louis County Police Association was once a visible and vocal group of officers, but the association's clout has faded in recent years as members have retired.

A failed attempt at getting a collective bargaining agreement after the 2007 court ruling seemed to further erode the association's relevance.

Now, two St. Louis County police officers, Gabe Crocker and Chris Gilyon, are reviving the St. Louis County Police Association with hopes of agreeing on a contract with county officials sometime this year.

The group had its first general membership meeting in November. About a dozen officers showed up, but Crocker said the membership has more than doubled since then.

"You hear all these rumblings of budget problems in the county," Crocker said. "Our purpose in rebooting the police association is to represent our members and make an assertive attempt at protecting the pay and benefits of police officers."

Crocker said he believes the department and the officers' association can have a good relationship.

"We're not smearing on the war paint and making veiled threats at county government," Crocker said. "We hope to have a great working relationship with them and demonstrate how effective that can be between police unions and government."

The association already has met with Chief Tim Fitch and members of his command staff. Crocker characterized the chief as "gracious," and Fitch said there is no acrimony. He's taking a wait-and-see attitude.

"If they want to bargain for wages and benefits, I'm supportive of that," said Fitch, also a member of the Fraternal Order of Police. "But if they want to stick their nose in management issues, they won't get my support."

A ROUGH ROAD

In St. Louis, the Police Department voluntarily recognized the association as the bargaining unit for officers. The organization has about 1,200 members, and anyone who is a commissioned police officer can join, said Roorda.

But the path hasn't always been smooth.

Roorda believes the growing number of grievance folders on his desk is reflective of a department that is having a hard time letting go of control.

"Right now it's like the seven stages of grief," Roorda said. "First there's denial, then there's anger, and the seventh is acceptance. The loved one they've lost is dictatorial control."

St. Louis Police Chief Dan Isom said the way the agreement came about is part of the problem.

The department spent almost $100,000 in legal fees during a 1½-year process to reach a 43-page agreement with the officers' association. Then, in January 2011, the Police Board reduced it to 11 pages, "without any meaningful employees' rights," according to Roorda.

Mayor Francis Slay saw an opportunity to gain support from officers in an ongoing effort to return control of the department to the city from the state. So, Slay — a member of the state-run Police Board — pushed for passage of the earlier, 43-page document, with more protections for officers. That passed in a 3-1 vote in May.

Isom called the contract a "rushed" document to preserve officers' rights and complained that he had no input.

He can't vet the disciplinary panel that hears officers' appeals, he said, and transfer decisions are now ultimately in the hands of an arbiter.

Rainford said he understand's Isom's gripes but added that the contract is based largely on long-standing practices.

"No manager in their right mind wants these agreements because they do tie your hands and take away your flexibility," Rainford said.

REASONS FOR GRIEVANCES

Officers could file grievances before the new contract. Isom said he fielded six in all of 2010.

But the rate has gone up since the contract took effect in May. The first was filed Aug. 11, the most recent Nov. 23, for a total of 10.

They include disputes over officers being called back from vacation to work during the World Series, disagreements about seniority, concerns about the collection of DNA from officers in the absence of a policy, plus two grievances claiming retaliation for filing a grievance.

In some cases, Isom has agreed with the officers' association; others appear headed to arbitration.

But there is a hint of collaboration brewing. Isom has met with the union's new president, and both sides said it went well.

Roorda is hopeful, too.

"It doesn't have to be acrimonious," he said.

Copyright 2012 stltoday.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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