33 Months Since Accidents – Still No Random Drug Testing

Boston FireFighter’s Union still anti-random drug testing despite obvious need.

Random Drug Testing Needed

True, reasonable salary increases also are justified, however, union being unreasonable here also.

Source:  Boston Globe October 2008

AFTER 33 months of contentious contract negotiations between Mayor Thomas Menino’s administration and the Boston Firefighters Union, the state Joint Labor-Management Committee is scheduled to hold a hearing on Monday that will begin the process of arbitration between the two parties.

Arbitration is not necessarily a positive next step because the arbitration panel has the discretion to limit the number of issues to be addressed beyond salary changes. Several operational problems in the Fire Department have emerged over the past few years that need to be resolved through language changes in this contract, including mandatory drug and alcohol testing. The two parties have not been able to reach agreement on any significant issue after 33 months, including seven months of mediation with the Joint Labor-Management Committee and also with an outside mediator.

A negotiated contract between the parties would be preferable. However, the union’s unrealistic financial demands have led to arbitration as perhaps the only means to reach a final agreement. The current contract expired over two years ago.

During Monday’s hearing, the state panel will establish the issues that remain in dispute and settle on which issues will be decided through arbitration.

How the Joint Labor-Management Committee deals with the issue of mandatory annual drug and alcohol testing will be particularly important. The union, IAFF Local 718, has argued strenuously that the administration’s proposal presented last October should not be decided through arbitration, and has suggested it will bring this issue to court if necessary.

There is little basis for the union’s position. The Joint Labor-Management Committee has a track record of several firefighter decisions in which drug and alcohol testing was included in an arbitration decision even though not initially listed as an issue when the committee took jurisdiction of the dispute.

If drug and alcohol testing and salary increases are selected by the arbitration panel as issues to be decided, it is uncertain how many other pressing issues will be addressed. That is a matter of concern since it has been seven years (2001 contract) since language changes were adopted to improve Fire Department operations. The last firefighters contract in 2004 was an expedited arbitration decision that addressed only the issues of salary and paid detail fees.

Today’s environment is much different than it was in 2001. It is imperative that, in addition to mandatory annual drug and alcohol testing, significant reform measures be included in the next firefighters contract to improve operational inefficiencies and to close wasteful loopholes. A few key reforms include: adopting the same health insurance agreement negotiated with the other unions; regulating the temporary promotion policy (acting out of grade) and shift-swapping practices; controlling sick leave abuse; hiring civilians for vehicle maintenance; and strengthening the modified-duty process.

The arbitration decision by the Labor-Management Committee should recognize the financial limitations facing the City of Boston and not exceed salary increases of 14 percent over four years as negotiated with the Boston Police Patrolmen’s Association and Boston Teachers Union. Both unions agreed to meaningful language changes in their new contracts.

Recent events have made it clear that mandatory drug and alcohol testing must be implemented in the new firefighters contract. As a practical matter, drug and alcohol testing should be a state requirement and should not be subject to collective bargaining. Municipalities should not have to forego management improvements to ensure that firefighters and police officers are not impaired while on duty and are able to react alertly in dangerous situations. Annual alcohol and drug testing for all uniformed public safety officers would serve a vital state purpose of ensuring uniformity among all municipalities.

An arbitration award by the Joint Labor-Management Committee must be supported by both parties, and the mayor is obligated to submit the funding request to the City Council within 30 days of the award’s decision. The City Council, however, is not required to approve the appropriation request. A final firefighters contract with no mandatory drug and alcohol testing or with drug and alcohol testing but little significant reform language should not be approved by the City Council. The stakes are too high to settle for less.