🎥 City commission votes 3-2 to exit PEERA and employee union negotiations

Hays city commissioners voted Thursday to remove the city from the Public Employer-Employee Relations Act (PEERA). By law, the change is effective one year after the vote.

By BECKY KISER
Hays Post

Longtime Hays city commissioner Henry Schwaller called it “probably one of the most difficult decisions I’ve had to make” as he voted Thursday night against adopting an ordinance to withdraw the city from participation in PEERA.

Still, the vote passed 3-2, with Commissioners Lance Jones, Sandy Jacobs, and Vice-Mayor James Meier voting yes. Schwaller and Mayor Shaun Musil voted no.

By law, the PEERA exit becomes effective one year after the vote, beginning in January 2019.

The city of Hays has participated in PEERA (Public Employer-Employee Relations Act) since 1972 and negotiates wage and benefits with three employee unions representing fire, police and service workers. Hays is one of just 12 cities in Kansas to participate in PEERA, which is optional for local governments.

Commissioner Jones, whose term is nearly up, has pushed for the opt out. “I believe the city and commissioners value all employees and should not be negotiating with certain groups when it comes to wages and benefits,” Jones said during the Nov. 16 work session. “We should be doing what’s best for all employees.”

All 178 Hays city employees, including the 61 members of the three unions, received a four percent pay increase for 2018. Members of the city’s Wage and Benefit Committee are volunteers, 8 to 10 employees, from across all city departments, according to Asst. City Manager Jacob Wood. He is a member, along with Human Resources Director Erin Giebler.

“It’s my understanding that we’re having good participation of all three unions in the Wage and Benefit Committee,” said Commissioner Sandy Jacobs as she read a statement prior to the vote.

Jacobs, the newest commissioner, said she previously had very little experience with unions, and did a lot of fact-finding in coming to her decision.

“After considering all the facts, I’m focused on staff productivity and efficiency, and I believe union activity negotiation affects both those areas,” said Jacobs. “And in speaking with union members and representatives, they, for the most part, could not provide examples of what may have benefited our employees solely because of their negotiations.”

HPD Cpl. Phillip Gage, president of the Fraternal Order of Police, Lodge #48

Musil asked Hays Police Dept. Cpl. Phillip Gage, president of the Fraternal Order of Police, Lodge #48, what his union members feared losing.

“I feel like our voice would be taken away from us,” Gage responded. “That would be the one thing. It’s a new horizon if you guys do get out of it. It’s just uncertain to me. What we have now is certainty in the way it works. It’s been working for 40-plus years.”

“We’re struggling now to keep our numbers up in the police department,” said Schwaller. “How’s this going to look to someone that wants to apply to work in Hays? ‘Oh, they just voted to get rid of the FOP.’ Is this going to look good? I don’t think so. That’s why I’m voting no tonight.”

The FOP is the city’s biggest union. Of the 43 eligible employees in the police department, 27 are union members. All 18 employees eligible for the firefighters union, International Association of Firefighters (IAFF #2119), are members. There are 52 eligible employees for the Service Employees International Union (SEIU #513) of whom 16 are members.

SEIU #513 Business Manager Esau Freeman, Wichita, talks with union members after the city commission vote. Freeman also works with Ellis County employees in their SEIU union. County commissioners will consider their PEERA participation Dec. 18.

Esau Freeman, Wichita, is the business manager of SEIU #513. “It is important to acknowledge that while numbers for SEIU are low, higher wage earners like police and fire have greater numbers in their membership,” Freeman told the commission. “As a whole, all of the unions combined do exceed 50 percent of the represented worker population.”

“Good intentions can be put on paper but without unions, who will be there to enforce the agreement when it becomes less than convenient to fulfill the promised benefits or wages?,” asked Freeman.

Firefighter Brandon Woods, president of IAFF #2119, also spoke in support of retaining PEERA.

“We’re not trying to replace the unions,” Jones stressed. “Opting out of PEERA does not get rid of unions. It’s just the way the city negotiates with unions.”

According to Asst. Manager Wood, the city currently spends about $20,000 annually during the negotiation processes. “That includes all the meetings, staff time, and city attorney time,” he said. When the city and unions are at an impasse, “there are more meetings and the more it costs the city” to hire an agreed-upon mediator or another third-party fact finder, if necessary.

A new city commissioner, Chris Dinkel, will be sworn in January 8, 2018, who ran for the seat Jones will vacate. Jones opted not to run again due to time constraints of his job. Musil and Jacobs were re-elected.

Ellis County, which also has had an opt-in to PEERA since 1972, will discuss a possible withdrawal during its commission meeting Mon., Dec. 18.