Police Union Head Discusses Negotiations

By Marianne Sullivan
Published on 11/24/2004

MADISON - Tim Heiden, head of the town's police union, contended in an interview last week that taxpayers "are not hearing the full story" about the union's present contract negotiations. "We don't appreciate the lack of complete disclosure. Some of the information being put out there is not being fully explained. It's being left open to interpretation," he said. Heiden's comments were in response to statements from First Selectman Tom Scarpati at recent meetings of the boards of selectmen and finance. Over the past several months, Scarpati has not hesitated in offering his opinion on the present police union contract or his interest in seeking changes that he believes are necessary--publicly. "It is not the union's position to take advantage of taxpayers, but we are interested in protecting our membership and our benefits. We fully understand the current climate in town," Heiden said. While Scarpati has claimed the union has been reluctant to come to the bargaining table, Heiden described a different scenario. He contends negotiations did not take place before the police union contract's expiration on June 30 because "we heard nothing from the town." State statutes set down certain timelines for collective bargaining between towns and municipal unions. "The statute dictates how the process unfolds," Heiden said. "The law requires that there be an exchange of letters between both sides indicating an intent to negotiate. Those letters were exchange, I believe, in February. Nothing happened after that. No negotiation took place. There were plenty of statements being made by the town, but they never contacted us to begin the negotiation process. They never approached us." Frustrated by the town's failure to ask about scheduling dates to begin talks, Heiden said he finally contacted the town. "I sent them an e-mail on July 11 asking them about the status of negotiations. They told me they were unable to contact us. They responded by saying they didn't know who to contact. I found that difficult to believe. I'm right next door." The union head said shortly after the July 11 contact, "We then learned the town had filed for binding arbitration--unbeknownst to us." What followed, he said, was a preliminary meeting called to set up future arbitration sessions. "We had a workshop session. We sat down informally to discuss respective offers. All the town was interested in discussing, however, was the pension issue." The union is presently working under an extension of a three-year contract that expired this past June 30. In that contract, negotiated and signed before Scarpati was elected to office, the union and the town changed the police pension plan. The change allows police officers to retire with full pensions after 20 years of service, rather than the previous 25 years. It also included a clause that prevented the pension change from becoming a bargaining issue in the following contract talks. The union has said it agreed to a "lock out" clause on this specific issue at the request of the town. Scarpati has contended that the pension change is too costly and should be renegotiated this time around. Heiden said the first binding arbitration session discussed only the pension. "There is a clear lock out in the contract. We said it couldn't be opened in these negotiations. The town said they believed they should have access to negotiate pension. Suddenly, in the second arbitration session the town withdrew all their pension related proposals. We're not discussing it any longer because the town withdrew. That was their decision," he said. Subhead: 'Lost Time' Issues The union president said his members are concerned about the numerous statements being made by Scarpati and others "where some of the information being given is only partial information." Lost time is one such issue. "The first selectman calls it 'lost time' and I think it's being misrepresented," Heiden said. "By contract, our officers are required and scheduled to work 260 days a year. From those 260 days, I can take 20 vacation days [Heiden has 14 years of service] and three personal days. That means I work 237 days. I also have 15 sick days, but that doesn't mean I take them all. Average sick time for officers is about half of that. "The contract gives me 13 holidays, but that doesn't mean I take them all. The officers in this department average seven holidays a year. On average in this department officers are taking maybe a maximum of 35 days off. It's a mistake to say that we take off all this time. We don't." He compared the figures to those of a Madison resident working in an office. In a Monday through Friday job with weekends off, an employee is required to work 261 days a year. The employee is also entitled to vacation, sick time, and holidays. "In my regular schedule I work five days with Thursdays and Fridays off," he said. "It means I will have Thanksgiving off, but did not have Veterans Day off, yet town offices are closed both days." The 24/7 operation of the Police Department can lead to misunderstandings on issues such as this, he said. Another arbitration session is scheduled for the end of this month, Heiden said, and several dates have been scheduled beyond that through March. "The process involves evidence proceedings, the filing of briefs, and a lengthy time for considerations and rendering of a decision by the arbitration panel," he said. "The union is not the cause of the delays. The process takes time."