Tuesday, April 23, 2013

Detroit Emergency Manager Asserts Dictatorial Rule

April 23, 2013 at 1:00 am

Detroit EM asserts contract power

Orr's letter affirms his rights over union agreements

By Darren A. Nichols and Christine Ferretti
The Detroit News

Detroit — Emergency Manager Kevyn Orr has sent a letter to the state asserting his authority over city employee union contracts, sparking fear among labor leaders that he's not willing to work with them.

Orr sent a letter last week to the state Bureau of Employment relations to affirm what the emergency manager law spells out, his spokesman Bill Nowling said. The new law gives Orr the right to alter or dissolve collective bargaining agreements.

The purpose, Nowling said, of Orr's letter was to convey "our understanding of the law."

Under the law, Orr is not obligated to continue collective bargaining or enter into any arbitration hearings. But that doesn't mean Orr is not willing to listen to what the city's unions have to say, Nowling said.

"At no time did we say we are nullifying contracts, issuing new work orders or anything like that," Nowling said. "Everything that's in place today is still being honored. We're still going to meet with the unions and listen to what their issues are and tell them what our issues are."

That still doesn't sit well with Dan McNamara, president of the Detroit Firefighters Association. McNamara believes Orr's position solidifies his intent to impose a contract on his union when it expires on June 30. To make matters worse, he claims the city won't tell him what is going to be imposed.

"They are taking the position that we have no bargaining rights in the city. We're concerned and we don't agree with that," McNamara said. "It's a great threat to me (and) to public safety to make that kind of statement. I guess unions in Detroit have no legal rights at all. Everyone should have the right to bargain with their employer."

The letter comes after the city's labor relations office and Miller Canfield, a consulting firm hired by the city, in recent weeks submitted similar letters to state labor officials.

The city has been in negotiations with bargaining units for new contracts starting July 1.

Nowlingon Monday said Orr has already met with some unions, but the meetings did not constitute a negotiation.

"There were no terms negotiated in those meetings," he said.

Most city unions are operating under a contract imposed last July as a part of the consent agreement signed with the state. Called the City Employment Terms, it cut pay by 10 percent; increased co-pays on health care and changed work rules for some employees. Going to 12-hour shifts for police officers was one of the work rule changes.

More furlough days for city employees were instituted after an impasse with the unions.

Mark Diaz, president of the Detroit Police Officers Association, said after more than a year of battling, the nearly 2,000-member union in March obtained a contractual award through arbitration. The two-year contract is valid until 2014.

Diaz said he hasn't met with Orr yet but has a tentative meeting scheduled with him next week.

Diaz said he believes Orr "gets it."

"He understands that public safety is a major variable in bringing the city back. I don't believe it's in the best interest of the citizens of the city of Detroit to attack or diminish benefits for those who protect the citizens."

dnichols@detroitnews.com

(313) 222-2072

From The Detroit News: http://www.detroitnews.com/article/20130423/METRO01/304230346#ixzz2RGabMQo8

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