Rules set Wednesday by city council members for the establishment of a Poplar Bluff Police Department union are more restrictive than those for other public sector employees, according to a union representative.
City administration says their version of the standards to organize a union better protects police department employees.
Mark Baker, a representative of International Brotherhood of Electrical Workers Local 702, says 38 out of 56 members of the police department have signed cards expressing interest in joining the union.
"What you are effectively saying is, if you want to organize, we're going to set the threshold higher, but if you want to decertify, we'll drop that floor way down," Baker said. "That's what the ordinance appears to do."
The ordinance passed in a special meeting of the city council requires 45 percent support to organize and 20 percent support to remove the union. The state sets that amount at 30 percent both to organize or remove a union for other public sector employees.
Poplar Bluff will also require any cards of interest signed by police department employees to be dated no more than two months prior to the election. The state sets this at six months prior, said Baker, who has said he was approached by officers in late December.
The ordinance is typical of that adopted by other cities, said city attorney Mark Richardson.
"We see that as an effort to protect our employees. If we certify and if your members of the bargaining unit are not happy with you, then they should at least be able to rethink their actions," Richardson said.
Baker asked for a list of other cities that have adopted a similar ordinance.
Richardson said he did not have a list, but could provide one, or Baker could find the information.
The standard to organize is still less than a majority, Richardson said.
The council has not voted on whether or not it will voluntarily recognize the union or require an election of possible members.
City administrators say they need to first discuss with IBEW who will be included in the police department union.
Baker contends everyone except the police chief and assistant chief should be members.
Richardson has said the number would be closer to 20 people, excluding anyone the city defines as a supervisor. This would include workers who can hire, promote, transfer, discipline, assign work, evaluate employees and do other tasks, according to the ordinance.
Members of the department who are not commissioned officers could also be required to form a separate union, if their positions could be covered by the state board of mediation. This could include code enforcement, animal control, dispatchers and records clerks, according to the discussion.
This document creates the foundation for the city to begin discussions with IBEW, said Mayor Susan McVey.
The council was not ready to make decisions on this matter without this foundation, McVey said.
If the union and city are unable to agree on the makeup of the union, the city attorney could designate a hearing officer to mediate, according to the ordinance. The city would coordinate with the union to determine an independent third party, Richardson said.
Discussion of which positions would be included would have to wait until after the ordinance was passed, he said.
"We're talking here tonight about adopting an ordinance that sets out the rules for the ballgame we're getting ready to play," Richardson said, adding later, "We have to adopt the rules of the game before we start playing the game."
Baker asked if the city was considering voluntary recognition of the union in place of an election.
The matter has not been discussed by the council, but it has been the administration's view that an election should be held, said Richardson.
Some members of the police department who do not want a union have approached him, said city manager Mark Massingham.
"That's part of my reason, thinking they should be able to vote whether they want it or not," Massingham said.
The city will also require the union to file an annual financial disclosure that includes: information on income from the police department union; a list of officers and authorized representative, their salaries and benefits; detailed expenses incurred in providing representation; method for determining fees and dues; and "other financial information deemed appropriate" by the city.
"I've never seen this before anywhere," Baker said.
It is public information that even members of the union would want to see, that the city would want to see, Richardson said.
"If the tables were turned, you could get that from the city," he said. "This is all just a matter of information that's required. There shouldn't be anything offensive in that unless you have something to hide."
Baker said the union did not, adding the union's attorney may want to weigh in on the matter.
Prior to the meeting, Baker said he feels the city's ordinance is more restrictive than what other public sector employees would see if they applied to the state board of mediation.
"It's very apparent to me there is resistance and that's disappointing," Baker said. "Justice delayed is justice denied. These people are just wanting to have their livelihoods protected. They protect and serve us. Why can't we protect and preserve them?"
Officers approached him with an interest to protecting what they have beyond changes in administration and city leadership, Baker said.
It was not a movement to double salaries or complain about leadership, he said.
The city wants to put its employees' best interests first, McVey said during the council meeting.
Massingham also addressed a March police department document which referred to a hiring freeze. The police department is not under a hiring freeze, he said. It is currently advertising to hire an officer to replace an individual who has retired, Massingham continued.
The city has previously eliminated positions from the police department, fire department and street department due to budget cuts, he said.
Correction:
In a Sunday article, the Daily American Republic stated a fire department union was granted 1,440 hours of sick leave under a contract negotiated by former city manager Heath Kaplan. Although the item is included in that contract, members of the fire department say this sick leave cap was in place for many years prior to that contract.
The DAR regrets any confusion this may have caused.