PBA Scuttles Payments to Officers
Union's Challenge Costs More Than 800 of Its Members College-Loan Reimbursements; Program Broke Bargaining Rules
AUGUST 16, 2010
By TAMER EL-GHOBASHY
A 2008 college-loan-reimbursement program used to help induce more than 800 officers to join the New York Police Department has been struck down at the behest of the union that represents them.
The city's Board of Collective Bargaining earlier this year ordered the department and the New York City Police Foundation to end the program, which paid the outstanding college loans of the officers in the January and July 2008 classes when the department's starting pay for cadets was $25,100. It has since been raised to $42,000.
"We can't ignore a court order, but who could be against something like this?" said Valerie Salembier, the chairwoman of the Police Foundation, a private group that raised the money for the program. "In the end, who suffers? Young officers in the NYPD."
But the Patrolmen's Benevolent Association, which filed a complaint to stop the program, argued the College Loan Reimbursement Program was not negotiated under collective bargaining and extended a benefit to a limited number of police officers and that it undermined ongoing contract negotiations at the time.
"The PBA recognizes the benefit of higher education for police officers and has for years been seeking the same educational-incentive pay enjoyed by most big-city police departments," said Patrick Lynch, president of the 23,000 member police union.
The NYPD said the program was initiated and administered by a nonprofit group using private funds and was not subject to collective bargaining. But the board—made up of city, labor and independent members—concluded that the NYPD in effect created and controlled the program and was therefore in violation of a law that requires city agencies to bargain collectively with employee unions on matters of pay and benefits.
In total, the Police Foundation collected $5.2 million for the initiative for the two 2008 police academy classes, a time when the department saw significant drops in recruitment levels, mainly due to the contract that paid rookies $25,100 in their first six months of service.
Ms. Salembier, who is also publisher of Harper's Bazaar, said the loan-reimbursement program was conceived by the foundation in response to recruitment concerns voiced by the police department.
According to the police foundation, $2.6 million was paid to lending institutions on behalf of police officers who graduated from the academy in July 2008 and December 2008. Each officer from the first class saw two payments totaling $4,246.16 paid toward their college debt while graduates of the second class had one payment of $2,123.
The intention of the program was to continue making annual payments totaling $15,000 for each qualifying officer from the two 2008 classes. Ms. Salembier said the NYPD vetted potential candidates while her organization administered the payments.
The collective-bargaining board, through a lengthy discovery process, concluded that the NYPD ran the program and the police foundation had little role except in providing the funds.
"It certainly is a disappointing decision to say the least," said top NYPD spokesman, Paul Browne. "The donors, through the police foundation, found a way to ameliorate the particularly low starting salary at the time, when it was particularly difficult to recruit and retain officers."
Lee Adler, an expert on public-sector collective bargaining at the Cornell University School of Industrial and Labor Relations, said the fight over the program underscores the traditionally contentious relationship between the city and the PBA.
"It was a tangible benefit that was being offered to these young officers," he said. "They could have probably worked something out without much problem, but that hasn't been the case between the NYPD and the PBA. There is years of distrust there."
PBA spokesman Al O'Leary conceded that the union's position on the program can appear "counterintuitive" but said any educational benefit offered by the NYPD has to be formalized by a contract and extend to all members of the force.
The current police contract, agreed to in negotiations between the city and the PBA in August 2008, brought starting salaries up to nearly $42,000, which rapidly addressed the growing concern over the recruitment and retention of new police officers.
According to the NYPD, between May 2008 and August 2008, the department received 17,715 new applications compared with 22,841 in the same period in 2009, after the new contract was announced.
Ms. Salembier said the remaining funds that were raised for loan assistance will be put toward other established programs the police foundation runs, including one which pays the living expenses of NYPD personnel stationed overseas.
"This police force is the finest in the world," she said. "I will never be discouraged because the needs of the NYPD come first, and my job is to raise money to support the department."
Write to Tamer El-Ghobashy at
tamer.el-ghobashy@wsj.com
http://online.wsj.com/article/SB1000...252700568.html