Police union did not have 'informed,' 'rational' discussions, labour board rules

The Saint John Police Association and the police commission were ordered to go back to the negotiating table after talks broke down in just under three hours in January.

The Labour Board of New Brunswick found the police union was not negotiating in good faith, nor were members making "every reasonable effort" to reach an agreement. The union had pared down its asks to one issue: a wage increase to match the Fredericton Police Force's pay. The board ordered both sides to meet again before Dec. 16 and appoint a mediator.

"At no time was there informed and rational discussion about the proposals of the [commission]," labour board chair George Filliter wrote in the decision siding with the employer's complaint. "The [union] simply rejected the proposals ... and presented its wage demands."

The police commission filed the complaint in May of this year, saying the union is not negotiating in good faith. Filliter wrote this file had a "contentious history" even before the complaint was discussed. The board had to make two separate other decisions about the process of hearing the complaint, siding with the commission.

Filliter said the initial information presented to the union didn't include a wage offer, but instead said salary adjustments will be discussed further into the negotiations.

But the union argued the city entered into talks with a newly-approved wage policy that would prevent the union from getting the increase it wants, making both sides reach an impasse almost immediately.

Both sides are tentatively set to meet on Dec. 15, and have agreed on a provincial mediator.

Asking for a 2.89 per cent increase

The last contract negotiation lasted two years after the police's contract expired, and was a month away from an arbitration process before the union and the commission reached a surprise deal. The agreement included a four-year wage increase totalling 10.25 per cent, including a 2.5 per cent increase for 2018 and 2019.

After that agreement expired in December of 2019, the union and the Saint John Board of Commissioners began negotiating in January of this year. They began at around 10 a.m. on Jan. 22 and by that afternoon the police union said they'd reached an impasse.

The starting wage for a Saint John police constable is about $67,000, said association president Duane Squires. He said the union is asking for a 2.89 per cent wage increase annually so they can be paid the same as Fredericton officers. He said parity between police forces is fair. 

He also said resources have been cut and there are fewer police officers responding to a steady number of calls.

Commission chair Ed Keyes said financial issues were not the only sticking point in the short negotiations. 

"As decision indicates, the Union refused to enter into meaningful discussions regarding any of our proposals," he said in an email.

Union president Duane Squires said the commission presented 26 different items related to staffing levels, time in court and benefits that are "virtually gutting our contract."

What difference will this decision make?

Keyes said whether negotiations go smoothly "will depend on whether the union is willing to enter into meaningful discussions around the issues."

Squires said he couldn't get into "much details," and the union will continue to push for the same increase, but he said  a new police chief and new negotiators will "set a different tone."