Tag: Public Employee Relations Commission

labor, Police, Transportation, Utilities

Parking Officers Lose Labor Complaint But Will Return to SPD; Utility Managers’ Union Files Complaint Over Wages

1. On Monday, the state Public Employee Relations Commission rejected an unfair labor practice (ULP) complaint by the Seattle Parking Enforcement Officers Guild (SPEOG) over changes that took place when the parking officers moved from the Seattle Police Department to the Seattle Department of Transportation in 2021, ruling that the issues the union raised in its complaint were not mandatory subjects of bargaining.

As PubliCola previously reported, the parking officers argued that they needed access to a database called the Criminal Justice Information System (CJIS). The officers can scan a vehicle’s license plate and determine whether it’s on a “hot sheet”—a list of license plates that have law enforcement information attached to them, including stolen vehicles and those whose owners are in a criminal database—and report back to SPD, which can then investigate Without CJIS access, however, they can’t know exactly what issue is associated with a particular vehicle.

In its decision, PERC said the parking enforcement officers could still find out whether a vehicle was stolen or associated with a crime or outstanding warrant; the only information they no longer have access to is detailed information about the issue with a particular vehicle. “SDOT does not require or expect PEOs to issue a citation or remain in the area after dispatch informs them that SPD has an interest in or is responding to a vehicle,” the commission wrote.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand

PERC has not yet ruled on a counter-claim that the city filed against the parking officers’ union in July.

Parking enforcement officers who wanted to move back to SPD got their wish on Monday, when the city council voted to return the officers to SPD and use the budget savings to pay for a number of items that would have otherwise been cut. The council decided to move the officers back to SPD in a 6-3 vote as part of the overall 2023-2024 city budget, which we’ll cover in more detail in a separate post.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand by Durkan and the council. Nonetheless, because taking on nearly 100 new staff added significantly to SDOT’s overhead, removing the parking enforcement officers freed up millions to spend on other purposes.

Harrell has said he plans to establish a “third department” to oversee public safety, which could be the parking enforcement officers’ ultimate destination if they don’t stay at SPD; last year, the council wanted to move the officers to the newly created Community Safety and Communications Center, which took 911 call response off SPD’s hands, but Durkan and SDOT lobbied hard to put them at SDOT.

2. In other city labor news, the union representing strategic advisors and managers at Seattle Public Utilities has filed an unfair labor practice complaint against the city for, according to the union, withholding wage increases it should have provided and imposing a new return-to-office policy in the middle of contract negotiations. The group of 175 SPU managers and strategic advisors was just certified for representation (by the Washington State Council of County and City Employees, Council 2, AFSCME) last year; this is the group’s first contract negotiation.

The primary issue at play in negotiations between the union and the city is the way SPU allocates raises to this group of about 175 workers. Bill Keenan, the organizing director for Council 2, said SPU has “an archaic process” for deciding how much its managers and strategic advisors make, which results in persistent pay disparities between people doing the exact same work.

The result of SPU’s wage increase process, according to the union, is that women in these positions earn $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, the union’s organizing director said.

Typically, a new city employee starts at the bottom of the “pay band” for their position and proceeds through a series of “steps,” or pay increases, over a set period of time. If the city hires someone as a Strategic Advisor 1, for example, they’re supposed to start at the bottom of the pay range for that position and receive pay bumps according to a set schedule.

At SPU, Keenan said, there’s no such process for managers and strategic advisors; instead, their pay is set by the person who hires them, and “once you get placed on the pay scale where they decide you should be placed, they have another broken process where [future raises] are again up to an individual. … It’s totally subjective.” The result, Keenan said, is that women in these positions earn, on average, $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, Keenan said.

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The city has said the salaries and pay increases the union is seeking would cost as much as $40 million, a number the ULP calls “greatly exaggerated.”

The unfair labor practice complaint doesn’t deal directly with the labor issues Keenan that are at play in the negotiations; instead it accuses SPU of halting the existing annual wage increase process for most of the union’s members and imposing a return-to-office policy that the union had no role in negotiating. “Until we reach a contract, they have to retain the status quo on wages and conditions of employment unless we agree to bargain otherwise,” Keenan said.

Currently, the union and city are in mediation over the underlying contract. A survey of all SPU employees found that a majority of workers enjoyed working with their immediate teams and felt valued, but felt that higher-level management doesn’t care about SPU workers or understand what they do. In an email to employees, SPU general manager Andrew Lee—a Harrell appointee who just started in June—called the results “very humbling” and expressed his “strong commitment to improvement.

SPU’s call center employees—a group of about 85 workers who are among the city’s lowest-paid employees— fought Harrell’s return-to-office mandate earlier this year and won. 

Keenan said he expects the union and city will return to mediation after the holidays.

City Council, Health, Morning Crank, Police

Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.