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City and police union still stuck in contract negotiations. Here’s what both sides want

Dee Holzel ,

Adam Rogan

RACINE – In the ongoing negotiations between the city and the Racine Police Association, the primary block to an agreement largely comes down to benefits.

There is not that much distance between the wage increases being offered by the city and the increases the union is seeking. However, the union wants to retain retirement and health benefits the city has discontinued for other city staff due to budget constraints.

For the new contract, the city has offered two contracts, one for years 2021-22 and the other for 2023-24 and offered the following wage increases: 4% increase in salary for 2021, up to a 3% wage increase for 2022, up to a 3% wage increase for 2023, and up to a 2% wage increase for 2024.

The union wants a three-year contract with a 3% increase for every year.



As seen here, the primary difference between the Racine Police Association and the City of Racine in contract talks is not wages, but rather benefits, as the city’s offer on wages has little difference to what the union is seeking.


According to documents provided to The Journal Times by the Wisconsin Professional Police Association

Since the last-agreed upon contract expired at the end of 2020, and no new contracts have been approved, the union and city have been operating as if the contract that ended nearly two years ago was still in effect. Approving a contract for 2021-22 could lead to backpay for officers.

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Among the nine law enforcement agencies considered the Racine Police Department’s “comparables” in Wisconsin, the RPD’s wages are considered to be the second-lowest, ahead of only the Janesville Police Department.

The sticking point is the union does not want any changes to the health insurance or retirement plans, which the city has already eliminated for its non-represented employees.

The city attests that it is not legally allowed to negotiate those benefits with the union due to changes to state law made a decade ago under Act 10 and other related public union-busting legislation. A state union representative — Jim Palmer, executive director of the Wisconsin Professional Police Association — responded, telling The Journal Times earlier this month that even if what the city has been doing is legal, no other Wisconsin municipality has cut benefits for unionized police officers in this way.

The city’s most recent offer to the Racine Police Association includes the stipulation that the union drop its appeal in a court case challenging how the city lessened unionized officers’ and firefighters’ benefits.

Back and forth

The Wisconsin Professional Police Association provided The Journal Times with the proposals the Racine Police Association and the City of Racine have made in contract negotiations. The RPA’s offer is dated Nov. 18, 2020, and takes up only about half of a page and only details requested wage increases. The city’s most recent offer, dated Oct. 5, 2022, is nearly three pages long and details 10 stipulations ranging from student loan repayment assistance to paid parental leave to an additional paid holiday.

To review the yourself, find this story online at JournalTimes.com or go to bit.ly/3D6caBp

History

The city and police association initially tried to negotiate a new contract in 2020 but discussions broke down over changes to retirement benefits the city claimed were necessary to balance the budget.

The union claimed the changes should have been brought to the table during contract negotiations. The city claimed state law, specifically resulting from Act 10 and other union-busting legislation passed a decade ago under then-Gov. Scott Walker, prohibited municipalities from negotiating those elements of a union contract.

Both sides agreed in early 2021 to put the issue before the Wisconsin Employment Relations Commission, which sided with the city in a decision issued in July 2022. The union is appealing that decision in a case that includes the union of the Racine Fire Department, AFL -CIO International Association of Firefighters, Local 321. The case was filed in Dane County Circuit Court.

Racine Police Association’s proposal to the City of Racine in November 2020

City of Racine’s offer to Racine Police Association Oct. 5, 2022

benefits

The changes to benefits were made by the Racine Common Council in 2020 over heavy protests from city employees and retirees.

Due to constantly increasing health care costs, the City Council made the following changes for the city’s unrepresented employees:

  • The council eliminated one of the city’s two health insurance plans and amended the remaining plan.
  • The remaining plan became a high-deductible health insurance plan available for current employees and non-Medicare eligible retirees.
  • The approved plan provided for a $3,000 individual deductible and a $6,000 family deductible, with a $4,000 individual maximum out-of-pocket and $8,000 family maximum out-of-pocket for in-network medical expenses.
  • The two plans as they existed before the change had lower deductibles and lower maximum out-of-pocket expense limits.
  • Additionally, the city eliminated the cash payout for accrued sick time, which caused a mass exodus as employees rushed to retire to get their payout before the benefit was eliminated in 2021.

The city’s negotiations with the police and fire unions intended to bring their health and retirement benefits to be more similar to the benefits the non-represented employees receive.

For the unions, those changes are not on the table.

City offer

After Act 10, 20 and 32 were passed a decade ago, the only element of the health insurance public safety unions could negotiate in Wisconsin was the premium share; that is, what an employee paid toward health insurance.

As part of their negotiations, the city has offered a payroll deduction of 7.5% of the health insurance premium, the same as non-represented city employees.

Additionally, the city wants to remove from the contract those elements that are now prohibited subjects of bargaining by state law. They would then put the plan design in the department’s handbook since those elements are no longer subject to bargaining.

Under the city’s proposal that the union rejected, the city indicated it wants to cap and phase-out the sick leave cash payout. Right now, retirees receive a payout equal to 50% of their accumulated unused sick time, with a maximum of 140 days; the city wants to end that within four years. The city proposed as follows:

  • Those retiring anytime in 2023 would receive a payout of no greater than $10,000.
  • Those retiring anytime in 2024 would receive a payout of no greater than $7,500.
  • Those retiring anytime in 2025 would receive a payout of no greater than $5,000.
  • Those retiring anytime in 2026 or later would not get a sick leave severance payment.
  • Additionally, no one hired after Jan. 1, 2021, could get any sick leave severance payment, even if they retired before 2026.

These sick leave payouts have been expensive for the city. According to City Administrator Paul Vornholt, the city made seven such payouts this year through the end of September with the average payout equaling $19,000 for a total of $133,000.

If no agreement is come to within the next month-and-a-half, Racine Police officers will be entering their third year without a current contract and their wages will continue falling further behind other area departments.

As part of the proffered offer, the city would also extend to its officers benefits already offered to non-represented city employees:

  • Extended paid parental paid leave up to 320 hours.
  • The additional holiday of Martin Luther King Jr. Day on the third Monday of January.
  • Student loan repayment assistance of $2,400 for city residents and $1,200 for non-city residents.
  • Down payment assistance of $10,000 for city residents.

In photos: City employees call out mayor during protest of cost-saving health care changes in September 2019

SOLIDARITY

SOLIDARITY

Employees from various City of Racine departments, from fire to police to parks to public works, stood side-by-side in protest of proposed changes to their health care plans.


ADAM ROGAN,

Marching outside of City Hall

Marching outside of City Hall

Racine city employees organize a protest outside of City Hall on Monday to express their frustration with a proposal to increase health care costs.


RICARDO TORRES,

‘Cut spending not jobs’

'Cut spending not jobs'


ADAM ROGAN,

‘At least Palenick will get a raise’

'At least Palenick will get a raise'


ADAM ROGAN,

‘Stop spending save my health care’

'Stop spending save my health care'


ADAM ROGAN,

‘Frozen wages now no insurance’

'Frozen wages now no insurance'


ADAM ROGAN,

Calling out Mason

Calling out Mason


ADAM ROGAN,

JaJuan Harris Sr.

JaJuan Harris Sr.


ADAM ROGAN,

Joe Burinda, Racine Police officer

Joe Burinda, Racine Police officer


ADAM ROGAN,

Firefighters show opposition

Firefighters show opposition

José Carbajal, second from left, is the president of Local 321, the local firefighters’ union. He held a sign reading “Stop attacking our benefits” on Sept. 16, 2019, in front of City Hall, protesting proposed changes to health care benefits for all of Racine’s public employees.


ADAM ROGAN,

‘Stop attacking our benefits’

'Stop attacking our benefits'


ADAM ROGAN,

Protesting at the roundabout

Protesting at the roundabout


ADAM ROGAN,

Side-by-side

Side-by-side


ADAM ROGAN,

‘Mason wants to cut services, not spending’

'Mason wants to cut services, not spending'


ADAM ROGAN,

City organize employees on health care

City organize employees on health care

Racine city employees organize a protest outside of City Hall on Monday to express their frustration with a proposal to increase health care costs.


RICARDO TORRES,

City employees outside City Hall

City employees outside City Hall

Racine city employees organize a protest outside of City Hall on Monday to express their frustration with a proposal to increase health care costs. On Tuesday, the City Council deferred making a decision on the health care cuts.


RICARDO TORRES,

City employees march on health care issues

City employees march on health care issues

Racine city employees organize a protest outside of City Hall on Monday, Sept. 16, 2019, to express their frustration with a proposal to increase health care costs.


RICARDO TORRES, Journal Times file photo

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