The Boston police union strike during the 2004 Democratic National Convention

Negotiation

Police Labor Conflict in Boston: Summer 2004

This report aims to discuss a recent negotiation that occurred in the city of Boston in June of 2004. As the 2004 election comes to a close and as of this writing we still have no official winner for the office of President of the United States. The Democratic Party is patiently awaiting the results of the vote from the state of Ohio. But that is not the only issues the Democrats faced in this will campaign for President. In May and June of 2004, the Democratic National Convention slated for a rousing Boston welcome was instead greeted by the Boston Police Union's bid for a major strike that targeted Boston's Fleet Center where the Democratic National Convention was to be held. The strike was a thorn in Mayor Thomas M. Menino's side as he tried to present Boston as a labor friendly city even though the police union and other city employees had been working without contracts for years. The strike had tied Mayor Menino up in court for weeks as he tried to use the legal due process system to negotiate restrictions against the Police and city unions so that the Fleet Center could get desperately needed repairs prior to the Democratic National Convention. The report therefore focuses on a real-life negotiation that was recently concluded. The sources were secondary data sources that attempt to present the details of the negotiation by identifying the parties involved, the central and secondary issues, the interests of each party, the opening positions of the parties and a description of how the negotiations evolved and were resolved. And in conclusion, the paper presents some recommendations for both parties.

Identification of the parties and Key Players

As the Democratic National Convention came to Boston, the city was in a negotiation with several city employee unions about absentee contracts. One union was the city's police union, the Boston Police Patrolmen's Association (BPPA), but they were not alone. The Boston Firefighters Union was also working without a contract for over two years so the Boston Police Patrolmen's Association and the firefighters were in contract talks. "Several days of talks between City Hall and another key union representing clerks and janitors also broke off yesterday, potentially feeding more disgruntled union members to the picket lines." (Van Voorhis & Meyers, 2004)

The representative or head of the labor council for the BPPA was Richard Rogers who was attempting to secure a contract for his union members from the city, represented by Mayor Thomas M. Menino. A mediation team had been used to help negotiations but even that move did not work. The negotiations prior to the Democratic National Convention were going badly and were leading to a strike vote by the city employees. "Talks between the city and a police union that picketed outside the site of the Democratic National Convention were to resume Wednesday after a marathon negotiation session failed to produce an agreement." (Associated Press, 2004)

Identification of the central and secondary issues

The central issue for both parties was the absentee contract for city employees. The city employees had been working on either an extension of an old contract or with no contract at all over the course of the previous few years. Both sides tried to show that they were in a position of power to the media even though they were told to gag negotiations publicly. "Talks began Sunday evening but adjourned shortly after 5 a.m. Police Commissioner Kathleen O'Toole said that a new mediator who was brought on board advised both sides not to talk about the negotiations." (Associated Press, 2004) The cost of living and inflation were inching beyond wages and the need for renegotiation in matters such as healthcare contracts, pensions and job security were all secondary issues associated to the city employee's contract.

Identification of the opening positions and interests

Without a doubt, the opening position for both parties was based on the fact that city employees had gone without a contract for several years. "Menino had urged his negotiating team to stay at the bargaining table until reaching an agreement. The 1,400-member Boston Police Patrolmen's Association has been without a contract since June 2002."(Associated Press, 2004) The city, represented by the mayor, tried to say that the unions had rejected any attempts to meet on a contract that they had indeed offered a proposed contract.

The police union on the other side of the fence felt that the city's offer did not meet their expectations so they were in search of more. "The police union, claiming it has gone for years without a raise, has vowed to stop preparations for the DNC until Menino comes through with a new contract. The city has offered an 11.9% raise over four years." (Van Voorhis & Meyers, 2004)

Identification of the final position, tactics used and methods employed and how negotiations evolved

The obvious tactics used by the two sides revolve around the use of the ability to strike, use mediation and the courts. The police union began its opposition by organizing a strike against the city during an obviously crucial time. The union strike by firefighters and police was purposely targeting a highly visible event that had national media coverage. By striking against the city's ability to prepare the Fleet Center as it was being prepared for the Democratic National Convention, union officials were aware that the work site was being worked by several construction unions that would not cross a picket line for fear of alienating the PBBA for their own future strikes. "In a showdown yesterday morning, pickets from the police union and an array of other city unions turned back a crane that tried to enter the Fleet Center's gates with shouts of "scab" and a stream of angry invective. The driver, after several attempts to nudge his crane forward, threw up his hands, evoking wild cheering from the picketers." (Van Voorhis & Meyers, 2004) They also had full media coverage that crossed national boundaries which helped bring in other unions like the New York policeman's union to help strengthen resolve.

The mayor approached the strike and the union concerns by utilizing the court system. As the police union and its supporters threatening to shut down the Democratic National Convention work, the mayor appealed to a federal judge to restrict the union's ability to strike around the Fleet Center "In court today, city officials will ask a federal judge to enforce an earlier ruling that restricted police to informational picketing. The city will seek to prevent union members from stopping trucks from entering the Fleet Center's confines, though city lawyer Merita Hopkins said there are no plans to have on-duty police officers arrest their protesting counterparts." (Van Voorhis & Meyers, 2004) Both sides also succumbed to a court appointed mediator to help resolve the issue.

The professional negotiator had the difficult task of meeting in the middle for two sides that were a great distance apart. The dispute also presented a challenge to John Kerry because his party has always claimed they represented organized labor and the national labor movement. Eventually, one of the biggest bargaining chips which helped the two sides reach an agreement was that Senator John Kerry decided not to cross the picket line outside the Fleet Center. The police union members were therefore helped dramatically by the presidential hopeful's decision and the city and Thomas Menino were publicly disappointed by Kerry's action.

Identification of others affected

There were many individuals affected by these negotiations. The city as a whole will now be responsible for meeting the new payroll for the next four years at a time where it is already fighting budget constraints. The police will have to accept the pay and benefits conciliations even though they have been with out pay raises for the past few years putting them in a catch up position at best.

Other unions were involved throughout these negotiations and would certainly receive the benefits of the police union's apparent negotiation victory. Construction unions throughout the fight were also put in a tenuous situation. "Construction union leaders loyal to Menino have ordered their members to cross the picket lines and report for duty at the North Station sports arena, a top trade union official confirmed. Local construction unions are also expected to sign a project labor agreement today that includes a "no strike pledge." While the head of the Boston building trades union council defended the move, some rank-and-file members feel caught in the middle." (Van Voorhis & Meyers, 2004) Construction union members were put into a position where they had to cross the picket line while working on the Fleet Center. In addition, other cities unions that showed support of Boston's cops like the city of New York may have made strong allies for their own future negotiations. The biggest winners of course were the citizens of Boston who know can cheer the Patriots, the Red Sox, John Kerry and the PBBA.

Recommendations & Conclusion

The negotiation tactics used by the two sides were classic in union negotiations. I recommend that other unions use the ploy of national events to build strength on their side of an issue. The city of Boston in this case may have lost valuable negotiation power because they were in the weak position especially after John Kerry sides with the union. The fact that the court appointed arbitrator eventually settled the dispute, I recommend that the city of Boston utilize the accounting function to show that the fiscal situation of the city cannot support what the arbitrators were willing to give away

In conclusion, this report aimed to discuss the recent negotiations which occurred in the city of Boston prior to the 2004 Democratic National Convention. The Convention was used by the Boston Police Patrolmen's Association (BPPA) and other city employee unions for a major strike. The strike was a negotiating ploy that targeted Boston's Fleet Center where the Democratic National Convention would provide national media coverage and a powerful bargaining chip for an absentee contract. This report therefore focused on a real-life negotiation that was recently concluded and used secondary data sources to present the details of the negotiations.