Middletown council lets arbitration award stand, leaving one-year UPSU contract in effect

The Middletown Common Council voted on May 12, 2026 to decline a resolution that would have rejected an interest-arbitration award in the city's contract with the United Public Service Employees Union (UPSU), leaving the arbitrator's one-year award in effect.

Attorney Christopher (Chris) Hodgson, senior counsel at Birch & Moses, presented the arbitration record and explained that an interest-arbitration panel issued an award on April 16, 2026 after a one-day hearing. Hodgson told the council the panel applied the statutory criteria and, "the statutory criteria obligate the panel to honor the tentative agreement," noting that panels defer to a negotiated tentative agreement unless there are persuasive reasons not to.

The TA the parties negotiated in May 2025 included a 2.6% general wage increase, changes to retiree medical (including a new tier for future hires), and modifications to three job descriptions. Hodgson said the city had raised arguments that the three reclassifications were premature while the city was still reviewing a Baker Tilly classification study covering many positions; nevertheless, he told the council that the city had proposed the classification changes at the bargaining table and the union had agreed.

Council members pressed on the council's role in classification and bargaining. Councilman Vincent J. Lofredo said the council was sidelined from the classification-review process and that the TA appeared to abrogate contractual language limiting upgrades in the final year of a contract. "We were cut out through the negotiations process," Lofredo said. Hodgson responded that, practically, the mayor's office is the chief bargaining representative and that the council's oversight role is exercised through the funding and approval of contracts.

Online, a participant identified by the clerk as Councilwoman Linda Salafia raised concerns about the cost and an omission in the posted materials: she said the TA language excluding upgrades in the final year was violated and that the clerk's position language did not appear in the packet she reviewed. "It bothers me that the contract said no upgrade changes to job descriptions during the last year of the contract," Salafia said, calling the apparent omission from the posted documents "troubling." Hodgson said the clerk's acceptance or rejection of specific language affected whether it appeared in the final agreed language submitted to the arbitrator.

Before the roll call, the parliamentarian (identified in the meeting as Kelly Scott) explained the mechanics: a "yes" vote on the resolution would reject the arbitration award; a "no" vote would effectively accept the arbitration award by voting down the resolution. Councilman Darnell Ford moved to reject the award; the motion was seconded by Councilwoman Jeanette Blackwell.

The clerk conducted a roll-call vote: Blackwell (nay); Faulkner (absent); Ford (nay); Fulton (nay); Gennaro (nay); Hart (absent); Lofredo (nay); Mangiafico (absent); Palino (nay); Salafia (aye); Spitola (nay); Sweeney (nay). The recorded tally was eight votes against rejecting the award and one vote in favor, with three members absent. Because the council did not reach the two-thirds threshold required by statute to order a review panel, the motion to reject failed and the arbitrator's award stands.

The arbitration award covers the period 07/01/2025 to 06/30/2026. Council discussion during the meeting focused on the limited circumstances under which an interest-arbitration award may be overturned and on how pending work on the Baker Tilly study could inform future negotiations. The council adjourned shortly after the vote.

What the council decided and what it means: By voting down the resolution to reject the award, the council left in place the arbitrator's terms for the one-year contract between the City of Middletown and UPSU. Any future changes to classifications or contract terms will be set in subsequent negotiations and, if necessary, by future actions the council may take on later tentative agreements.