ARBITRATION HEARING ON COUNTY CORRECTION OFFICERS’ CONTRACT BEGINS

After nearly two years of unsuccessful negotiations for a new contract, the correction officers at the Atlantic County Jail will finally begin their arbitration hearing for a new contract on Tuesday. The160 rank and file correction officers at the Atlantic County Justice Facility have been working without a contract since the last one expired on December 31, 2006. The union representing the officers, FOP Lodge #34, has been engaged in negotiations with the County for a new labor contract for two years.

According to Myron Plotkin of Plotkin Associates, L.L.C., labor relations representative for the FOP, the parties had 7 direct negotiation sessions with County representatives beginning in August of 2006 that failed to result in any agreement. The County was represented in those sessions by James Ferguson, Esq., Atlantic County Counsel. On January 29, 2007, the FOP and County jointly filed for Interest Arbitration with the State of New Jersey. An arbitrator was appointed by the State and met with the parties on 6 occasions attempting to mediate and reach a settlement without the need or expense for a formal arbitration hearing. “As no voluntary settlement could be reached, the parties are now forced to go through a formal interest arbitration hearing, which is lengthy, expensive for the parties and demoralizing for the officers.” said Plotkin. The

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County has also retained Eric M. Bernstein, Esq. to represent them in the arbitration hearings.

The delay in reaching an agreement has only served to aggravate the already tense relations between the Union and the County, according to George Hebert, FOP President. “ When we began negotiations, we told the County about the deplorable working conditions we have and that we were looking to improve our working conditions to the best possible for us, understanding the nature of our jobs. If the County will not address these problems, then we expect and deserve to be compensated in an appropriate manner.”

“All we are asking for are decent working conditions and fair compensation comparable with other County law enforcement employees and other correction officers in the state.” Hebert stated. “The County has admitted that we are overcrowded and understaffed, but has done nothing to correct that problem. Almost all of our issues go back the main problems of being understaffed and overcrowded.” Hebert stated that there simply are not enough officers so we’re forced to work extreme schedules that are heavy on mandatory forced overtime. Officers currently can only refuse mandatory overtime once every 5 years and are sometimes only given a few hours or less notice that they must remain and work an additional shift or partial shift. “This obviously creates havoc with an officer’s family and other responsibilities.” Hebert continued.

According to Plotkin, “the County Executive has acknowledged time and time again that the jail is overcrowded making the officer’s jobs more dangerous, but has done nothing to correct the problem or to offer a fair compensation package to the officers. The ratio of inmates to officers is the highest in ten southern counties while the pay is amongst the lowest. The current starting salary for officers is $29,000 and maxes out at $54,400. Other counties have more officers, less inmates, less forced overtime, and pay them $70,000- $80,000 per year.”

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“Officers in the jail don’t carry weapons to protect themselves and are exposed to every germ, virus and disease going around. In effect, our corrections officers are imprisoned along with the inmates”, said Hebert. According to Hebert, there have been attacks on and physical altercations with officers by inmates which have led to officers being injured and disabled for a period of time. “While we are well aware of the inherent dangers of our job, we expect the County to do all within its power to insure that we have decent working conditions and compensation.” Hebert said.

The main issues in dispute are salaries and compensation and work environment issues. “These officers are unarmed and put their lives on the line every minute of every day”, Plotkin said. “Their working conditions and environment leave much to be desired. The employment relationship between the union and the County is one of the worst I have ever seen. The County and jail administration do little to attempt to resolve problems that arise.” Plotkin points to the fact that over the past year, the union had 5 arbitration hearings regarding the County’s violations of their contract. “The County has lost every single one of them which shows that they have no desire to work cooperatively with the union. It’s their way or no way, right or wrong.” The union is also scheduled for at least four more arbitrations. “Simply stated”, said Plotkin, “the County has no respect for the contract and just continues to violate it. I am surprised that the Board of Freeholders condones this philosophy.”

Hebert stated that many officers leave the jail after only a few years on the job to obtain higher paying employment with better working conditions with other law enforcement agencies, both within and outside of the county, which accounts for an unusually high turn-over rate of officers at the jail.

At the formal arbitration hearing, the parties will be presenting their positions and rationale for those positions on all of the issues that are in dispute, said Plotkin. He expects 2 to 3 days of hearings. Following the hearings, briefs may be submitted by the

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parties and then the arbitrator, after considering the documentation presented relative to statutory criteria, will issue a final and binding award. “It was the desire of the FOP to

reach an amicable settlement with the county without the need for this hearing. I would think the county could find a better use for its money than to continually fight the union, continue to lose arbitrations and demoralize its employees. While the county may claim that this is not the case, actions speak louder than words.”