A big victory for city unions

   Unions representing thousands of city and school district employees won a big court victory Wednesday.

   A judge sided with unions, saying workers must be placed on the salary steps they would have attained had Buffalo's control board not imposed a wage freeze.

   The city and its Board of Education maintain that employees are only entitled to move one notch up the salary scale, even if they missed multiple step increases during the 38-month-long freeze. The control board lifted the freeze in July.

   If the ruling survives an appeal by the control board, the city and its school district will have to find an additional $130 million over the next four years, according to attorneys.

   Unions claim the extra costs can be offset by bulging surpluses and anticipated increases in state aid. City, school and control board officials claim the added fiscal burden will have a devastating impact. Layoffs may occur, and the wage freeze might have to be reimposed if an appellate court lets Wednesday's ruling stand.

   Should employees be elevated to the salary steps they would have been at had the wage freeze never existed?

  -- Brian Meyer

Comments

[Rust Belt Catholic]

Excellent. So now the police officers who already make far more than the median incomes for this city will get additional raises. And, no doubt, taxes will hike to pay for this; the money has to come from somewhere, right?

At least the PBA might stop calling me to beg for more cash. I hope.

[pst 22]

I am a member of the UAW and very pro union, but these city unions are killing Buffalo.

I'm all for them getting paid what they deserve, but they need to fit in the economic climate that the city is presently in. Just like we as auto workers did, these unions need to take financial concessions to help the city get back on its feet.

But they don't, and it makes the rest of us back the city, and realize that these city unions are crying poverty despite being some of the best paid employees in WNY.

As auto workers we understand that we are paid very well with good benefits. But we also realized that we needed to give back to help our industry and company stay strong. Why can't city unions do the same??

[Barton Keyes]

There is an important contradiction in the positions of the School Board and the Union on this issue. The Board appears to argue the serious negative consequences that will result from paying $130 million to teachers over four years. The Union argues the Board has to honor its contractual obligations. The two contentions argue past each other. Both positions ignore each other's points by arguing on entirely different premises.
And the problem for the Board is they are making economic arguments in a venue where contractual law trumps economics every day of the week.
The even greater problem is that an appeal to the Court's will most likely only delay implementation of this pro-Union ruling. That is because Court's are limited in their power to overturn an administrative decision. So long as the arbitrator has some rational basis for his ruling, a Court can only overturn it if the decision is found wrong "as a matter of law". And that is a tough hurdle to get over.
The Board should know that. They should also know that they have probably waited too long to negotiate over the issue with the Union, as the Union now has the upper hand.

[Mark]

pst22, the unions did make concessions,that's why the CONTACTS were agreed upon by the city and the rank and file. Now the control board comes in(with their bloated pay scale imho),and says no pay increase(but they take one every year)because the city does not have the money. Well the city should NOT have agreed to the contracts. I understand there is binding arbitration,now a days that keeps up w/inflation only. The unions gave much back over the years ,all they are asking is to be payed as agreed.Next time negotiations roll around,new terms can be discussed,until then honor the contract!

[logic]

This is really not that big of an issue when you think about it.

The arbitrator rules that the CB can not change what steps it offers. If the CB opens the door for raises, they have to provide for all raises in the contract. The reason for this was clearly described by Barton Keyes.

However, the unions do not have the upper hand IMO. What the CB still has the power to do and what an arbitrator will can not take away is the power to place a wage freeze when it can be proven that spending X amount of money is bad for the city.

Since the unions will not give ground on the X (amount of the raise) the CB will simply place another wage freeze over city workers.

All they have to do is allow for this ruling to drain the budget enough to keep the CB a hard board and BOOM, we are back to the same place we were in 2003. Which is fine by me.

We can play this game for the next 20 years. No matter how much the teachers and police officers complain, THEY ARE NOT LEAVING! They know that even without the raise they have the best job they can possibly get. If they didn't they would have bailed a long time ago.

As for the morale... That is funny. The teachers need to put out a better product for their paycheck before anyone cares to talk about their feelings. Especially when you consider the average parent in Buffalo's income who would send their kids to public schools.

As for the cops, they are making great money right now. The 60k is JUST SALARY. When you factor in court time AND overtime, they are taking home a lot more then this. Added to the paycheck, they have great perks and benefits.

Sure all of these things were "won" in contract talks. Nobody is denying that. However, in order for a contract to work, both parties need to be functioning. The City of Buffalo would have closed its doors YEARS ago if it was a private company.

The reality is things change.

[Cathy]

That is just great, give City Employees step raises. This $130 million will come from where? My Tax dollars! Next get rid of all toll roads. Tell me who will pay to maintain these roads? Our taxes will go up just as they did when the toll roads were removed in other States like CT. I wish the public could see the big picture not just the one given to us by politicians.Maybe it is time to move out of NY State!

[Lloyd Marshall Jr.]

An old saying goes: "You can't get blood from a stone."

The city of Buffalo, let alone WNY, can't afford these pay hikes. Therefore, this ruling will go down the toilet tube.

The next thing to take place: Declare insolvency, and redo the contracts as per comparable in the private sector. Do it like a business.

[Matt]

Clearly the mass exodus of city employees during the wage freeze must have freed up some money to pay the remaining dedicated public servants. Check the open jobs with the city, they can't fill positions fast enough with all the people leaving.

[Ken Fuller - BPS Teacher/Parent of Two Public School Stdents]

I am a BPS teacher and a parent of two children attending public schools. My wife and I moved to Buffalo more than 15 years ago. The city was in decline then, and we both sensed an overall feeling of complacency among
the city's residents. However there was also an overwhelming sense of good will and in my opinion Buffalo truly is the city of good neighbors. Just attend any event and count the hundreds of volunteers giving freely of themselves. We believe now as we did then that Buffalo is a place where we feel safe raising a family. We are confident that the District will right itself.
Having said that I would like to pose a number of questions, some in direct response to previously posted comments and others just to keep the conversation going:

1. Before packing up and moving out of NY state, taking your valuable tax dollars with you, will you sell your overpriced Sabres/Bills season passes?

2. Have you considered that teachers, police, and other public servants remain in these fields for reasons other than taking the best job available to them? Is it possible that they might be motivated by things like passion, dedication, or for the sheer fact that they enjoy what they do?

3. With respect to the quality of product that teachers turn out or the implication that police salaries and benefits amount to fleecing the city, consider this.

Can you recall the last time you supported your child's teacher by volunteering a small fraction of your time in the classroom? Do you know your child's teacher's name or room number? When your child comes home and is excited about a project that they are working on, or expresses a particular interest in a teacher do you call that teacher to say, "hey you have really struck a chord with my child, keep up the good work?" Do you make an effort to get to know the officers that regularly patrol your neighborhood? Have you ever attended the funeral of a police officer slain in the line of duty and asked their spouse whether or not they believe the pension checks will take the edge off of the pain of losing a loved one?

I can honestly say that money has never been a motivation for me in any profession that I have chosen to engage in. For 6+ hours every day thousands of parents entrust teachers with the welfare of their babies. My philosophy is that for that entire time, their babies are my babies and what an honor that is. How do you put a price on that? How can the city or the state possibly compensate me for that?

[Tom]

Yes, they should be at their current pay scale. They have legally binding contracts. The employees have lost thousands while the city has made millions. If they want true reform they must honor the current contract and then start new negotiations. Nothing will get accomplished until that is done. A government institution is not supposed to be a profit based business like a private business. You can't compare the two.

[pst 22]

I would love to see the Buffalo Niagara Partnership do a study to compare wages that we pay cops, fireman, and teachers compared to the rest of the country.

Cops, teachers and fireman in San Diego make less than the cops, teachers and fireman do here. Same with NYC. And the cost of living there is 2-3x higher than it is here.

I appreciate the job these people do everyday, and I understand the danger involved. But it's just as dangerous doing these professions elsewhere and they do their job for less money in a much more expensive area.

So don't tell me you can't get by on what the city is paying you right now, or even take a 5% cut to help a struggling city

[teressa]

Let's get the little people (school related personnel, office workers,etc.) a little more in their paychecks, which have been the same since 2003. They work just as hard as the rest, but get the least amount in their check. Its not fair,and its very frustrating to get up every morning and go to work and give our all knowing that the paycheck is not going to change until god knows when. Come on Buffalo do something before we all go down the same drain.

[West of Jesus]

"Cops, teachers and fireman in San Diego make less than the cops, teachers and fireman do here."

1 Prove that.

2. Let's also compare the number of casulties in both areas.

There is no way that I believe that New York Firefighters make less than Buffalo Firefighters.

How do you justify hiring a person into a job that calls for them risking their lives and telling them that after five years they will be paid at the same wage level as their peers; and then turning around and telling them they can't be paid full pay? Oh I forgot they are supposed to work like the Red Chinese do.

The best paid people in WNY are the CEOs. It is unfair to single out Buffalo workers who place their lives on the line every single day for the local version of a pie throwing contest. There would be better jobs in WNY if we paid a little more attention to maintaining our manufacturing base or even rebuilding it. Someday those who belive that it is better to have all our manufacturing conducted in communist and third world countries will really be squawking when this country can no longer have the production necessary to defend itself.

Another small thing how come there is 30 million for corporate welfare for Bass Pro but no equal pay for those who lose their legs, their health, and their lives? How do you justify that? Perhaps by building a eight million score board in Orchard Park or a new football stadium on the waterfront.

pst? So how many people on the assembly line get shot at or die in factory fires. "I am a member of the UAW and very pro union." No you aren't. What you wrote is like somebody who voted for Regan and was in favor of Patco losing their jobs. pst you are like the union members who went along with Clinton and allowed him to pass global trade. You aren't pro union. On the contrary you favor agreements that hurt other unions. What you wrote here is like a City teacher writing that you are making too much. Have you ever been assulted in doing your work and then had another union member tell you that you make too much? At this rate you won't be making cars any longer and we'll all be riding peddle bikes. Thanks for your support. I guess that knife in the city workers backs will make a nice coat rack.

[Ken Fuller - BPS Teacher/Parent of Two Public School Stdents]

As I understand the situation, the ruling only addresses teachers', police officers, and firefighters' desire to place on the appropriate pay step. I'm not aware of any of the three organizations looking for more money. Did I miss something?

I appreciate the comment about the corporate "support" of Bass Pro. The city/region clearly needs to get their priorities in order.

[adedicatedemployee]

I think I am missing something here, How could putting a teacher, policeman, fireman etc. on their legal steps hurt a city? and furthermore, the teachers are paid thru the state, so why does the city feel so violated to give up this money to the rightful owners.I'm not sure how it would be legally correct to have reached the retirement age, but not be on the right step to collect full retirement benefits. Shame on those who feel its ok. I bet those on the board do not have these worries. Lets be fair guys...

[John]

For those of you who are interested, the following information might clarify some previous posts.

Directly from the New York Fire Department website:
http://www.nyc.gov/html/fdny/html/community/ff_salary_benefits_080106.shtml

From Firehouse magazine survey:
http://www.firehouse.com/magazine/surveys/2005/part3/pay.pdf

Please note the survey is from 2005, and since then most other departments have received salary increases.

[Lloyd Marshall Jr.]

Tom... As I SAID, the city of Buffalo should declare insolvency, and then redo the contracts as per comparable to the private sector. This area is in no place to justify tax hikes, nor pay hikes for public officials.

[fcsanders]

Start a union and watch the prices go through the roof.That's all unions are really good for.You pay a person with an eighth grade education 40.00 per hour to rake leaves.

[West of Jesus]

Or start the fcsanders union for drop outs who harrass their neighbors day and night and who blog about people with a job that kills, and maims, and gives them cancer being over paid. It seams like you have that line of work wired in.

The facts are in Buffalo Firefighters make less than their San Diego and New York counterparts.

Lloyd a governor of one of the Great Lakes said this to those outsiders who want the water here. If you want our water than move here. Lloyd if you want to pronounce solutions for Buffalo than move here.

The last time I checked the qualifications for the Buffalo Fire Dept required an advanced medical certification. That isn't grammer school level work.

[tom]

We are all now circling the drain, and we can thank the Unions for being the ones who pulled the plug.