The relationship between the OPBA and
an Employer is sort of like a marriage except in three
year increments, the relationship goes a whole lot
smoother if the parties get along with each other and
remain honest. This does not mean that the
representatives for both cannot advocate aggressively
for their client/members, but in doing so must realize
that we will see each other again very soon at the next
negotiation, grievance hearing, etc. This is unlike most
legal battles where once the case reaches disposition
and the parties will likely never interact again. The
OPBA and the Employer will interact again regularly.
Like in a marriage a bout of name calling, stubbornness
or dishonesty will likely cause the offended party to
hold a grudge or no longer trust the other person and
the relationship suffers; the same basic premise
permeates the labor relationship.
Most of the labor relationships I
have with various Employers across the state are
harmonious and trusting. The advocates honor their word
and are honest in their dealings. While neither advocate
expects the other to just roll over in a fit of kindness
to the detriment of their client, neither side expects
to be cheated, lied to, or find the other to be
untrustworthy. When this happens the labor relationship
deteriorates rapidly as both sides seem to sharpen their
adversarial swords for battle.
Very recently I was stunned by the
words of a law director at the conclusion of a
negotiation meeting, when the bargaining unit refused to
accept the City’s “final offer” he informed me that the
City considered the “Union out of control” and had
authorized him (along with the necessary funding) to
fight everything the Union did until they could
bring us “under control”. Recently, this same City has
forced the OPBA to go to court to enforce an arbitration
award reinstating a terminated officer and then, on the
next grievance refused to arbitrate forcing the OPBA to
go to court to compel the arbitration. The OPBA won at
the trial court and the City appealed to the Court of
Appeals. The City has refused to keep verbal agreements,
has repeatedly attempted to bypass the OPBA and
negotiate directly with the members of the bargaining
unit, and got up and walked out of negotiation meetings
when we refused to just accept their offer. All of this
occurred before they informed us they were going to
fight us on “everything.” And they say the Union is out
of control?
All of these actions have most
assuredly resulted in two things. First, the bargaining
unit members are thoroughly pissed off at the City and
have lost all interest in cooperating and second, the
City has paid (and will continue to pay) their
representative a heck of a lot of money to pursue the
goal of getting the “Union under control.” At this
point, I have no idea where this relationship is going
except to know that the bargaining unit can expect
opposition from the City at every turn and, the City
will continue to bleed money to pursue their attempt to
control the Union. This sad state of affairs will most
certainly continue until the City realizes that no
relationship can survive when one party seeks to
“control” the other (except maybe Tom Cruise and Katie
Holmes).
