City staff previews nonunion salary and benefits policy as Act 10 effects approach; unions seek grievance mechanism

City staff told the Superior Common Council on Dec. 3 that a proposed nonunion salary and benefits policy (a handbook) will be considered by the Human Resources Committee on Dec. 9 and, if approved there, by the council on Dec. 17 so the city can maintain employee benefits and operational continuity when bargaining rights change under Wisconsin Act 10.

Human-resources staff explained that Act 10 (2011) severely restricted collective bargaining rights for most public-sector employees and that, at the expiration of the city’s AFSCME contracts on Dec. 30, employees could become nonrepresented except for limited matters and only if unions successfully recertify. The proposed document—described as the nonunion salary and benefits policy—is intended to consolidate benefit and compensation provisions for employees who will not be represented by a collective-bargaining contract after Jan. 1.

Councilors asked about training and communication. Staff said supervisors received some initial Act 10-focused training in 2012 and that the city plans to identify additional training needs in early 2014. The city said it will continue labor-management meetings as an interactive forum and that the proposed policy is a living document that can be revised as issues arise.

Mayor Bruce Hagen outlined a two-phase approach to longer-term compensation issues. The mayor said he supports an initial phase for 2014 that will include recommended adjustments in specific classifications and a multi-year Phase 2 (20152017) to bring pay scales more in line with market levels. He described a goal of reducing the city’s gap to no less than 10 percent below market by the end of the multi-year plan and said the steps would be costed and presented to council.

Lee Sandock Baker, president of Local 235 (the AFSCME local), thanked city leaders for ongoing discussions but urged the city to include a grievance procedure that is accessible to employees during implementation. Baker noted that the contracts previously included multi-step grievance and arbitration processes and said some nonbinding grievance steps could be added to the handbook even if binding arbitration would not be available. Baker also raised questions about how union leadership and representation would function if locals pursue recertification at the state level.

Staff answered procedural questions about recertification timelines and said the state recertification process (WERC) and court-related matters are unfolding; staff noted a recent decision allowing certain recertifications to proceed but that the Wisconsin Supreme Court was still considering related appeals. Staff said they will provide the council with draft handbook documents in the week before the Dec. 17 meeting and hold employee meetings to answer questions.

No formal council action was taken on Dec. 3; the Human Resources Committee is scheduled to review the handbook on Dec. 9, and the council is scheduled to consider it on Dec. 17. Staff and union leaders said they expect bumps in implementation and want ongoing communication and revisions as needed.