02/08/07 Board of Public Safety Minutes

Home Browse Search

v l .t SPECIAL MEETING FEBRUARY 8, 2007 GRIEVANCE HEARING -CORPORAL ANTHONY ROSS President Jesusa Rodriguez asked Corporal Anthony Ross if he had any further comments concerning the continuance of his Grievance Hearing. Corporal Ross stated that he had nothing further to state except that he hoped to get the wording of the Working Agreement changed to allow for all fathers to be able to have time off for the birth of their children, and he would like to have his three (3) personal days reinstated. Mr. Bodnar questioned the term personal days and stated that all correspondence concerning this issue had indicated that this was vacation days used, not personal days. Corporal Ross stated that he had used his vacation and one (1) personal day in 2006, and two (2) personal days in 2007. Mr. Bodnar requested a moment to retrieve the Working Agreement between the City of South Bend and Fraternal Order of Police #36 because this was the first time this information was brought up and he needed to check the Working Agreement. Corporal Ross presented Mr. Bodnar with a copy of the portion of the Working Agreement in dispute in his possession. Upon examination, Mr. Bodnar stated that regardless of the time used, the meaning of the word "spouse" is clear and further, Step One (1) in the Grievance process was not followed in a timely basis. President Rodriguez stated that in reaching their decision, the Board had considered four (4) issues. The first issue is the time Corporal Ross had to research what his benefits were concerning the birth of his child. She stated that there were nine (9) months for him to plan for his time off, and he should have been aware, by the time his child was born, of what he was entitled to. The second issue is the language in the Working Agreement. President Rodriguez stated that the Board was in agreement that the language was clear in stating that only the spouse is allowed three (3) days off. The third issue is that all parties involved, the City of South Bend, the Fraternal Order of Police, and the Legal Department came to an agreement on these terms before signing the Agreement. The last issue President Rodriguez stated was actually a question. The Board would like to know if employees are informed of any changes to the Working Agreement, and how they are informed. Sergeant Jim Walsh, representing the Fraternal Order of Police, stated he was involved in the negotiations and this was a difficult issue for them to negotiate. He stated that due to the wording, this issue went from one (1) day to three (3) days. The term "significant other" couldn't be defined, ' and it was finally agreed that "spouse" would have to be used. He stated that there have been other instances where a "significant other" has been given time off for the birth of their child based on their relationship with the mother. Lieutenant Scott Ruszkowski, President, Fraternal Order of Police, stated that the spirit in which this was written does mean spouse. He noted that the wording can be changed with a Letter of Understanding agreed upon by the Fraternal Order of Police, the City of South Bend, and the Board of Public Safety. He stated that any changes to the Working Agreement are e-mailed to all employees. Division Chief Bishop added that the Working Agreement was voted on by the Fraternal Order of Police and was approved by the maj ority of its members. The two Fratemal Order of Police representatives agreed with that statement. Mr. BonDurant stated that the wording couldn't be any clearer. He went on to state that a child born to an Employee, means a woman who gives birth; or to an Employee's spouse, means a male employee who is married to a woman who gives birth. Mr. BonDurant stated that two sentences that are juxtaposed are legally acceptable to be taken in context as complementing one another. President Rodriguez stated that the Board was in agreement that Corporal Ross's request for three (3) days leave for the birth of his child be denied, and stated that changes to the wording in the Working Agreement be referred to the Fraternal Order of Police. Upon a motion made by Ms. Rodriguez, seconded by Mr. Alford and carried, the motion to grant three (3) days paid leave for the birth of Corporal Ross's child was denied. PRIVILEGE OF THE FLOOR Lieutenant Scott Ruszkowski stated that the wording was something the Fraternal Order of Police had trouble with, but it was agreed upon by all that the term "spouse" was the correct wording at the time of negotiations. He agreed with the Board's decision that the wording was clear in it's meaning, and stated that the Fraternal Order of Police needed to look at this section of the Working Agreement and produce a Letter of Understanding to address similar future situations. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:00 a.m. BOARD OF PUBLIC SAFETY