By James Coleman
Memphis City Council members overhauled the city’s impasse procedure to settle disputes between labor unions and the city government during the Tuesday, March 24, meeting.
But first, members had to settle a dispute between the ordinance’s sponsor and City Attorney Alan Wade over the best approach.
“At the last committee meeting, there was a dialogue between me and attorney Wade, particularly my belief that the middle process was not necessary,” said Councilman JB Smiley. “Attorney Wade’s position is that it is required by charter.”
After a lengthy debate, they sided with Smiley’s amended approach, which removed any roadblocks to the two sides of an impasse settling the matter themselves.
A mediator will facilitate negotiations in hopes of finding an amicable resolution. If the effort falls short, the outside help will make recommendations based on the final position of each side. The ultimate decision remains in the hands of the council.
The revised process eliminates the use of three-member arbitration panels and instead puts impasse decisions to a direct up-or-down vote by the full council.
The changes apply specifically to economic terms of labor agreements, including pay and benefits.
The ordinance passed by a 7-3 margin on a third and final reading. Council members previously relied on a three-member panel of arbitrators to make recommendations.
Both Smiley and Wade agreed that the old method had become too cumbersome.
Wade’s proposal scaled down arbitrators to one outside consultant who would compare competing proposals’ impact on the city budget before offering an opinion.
According to Wade, neither side was encouraged to find a resolution with the previous setup. Moreover, “bargaining units” would use the process to circumvent discussions with city administrations. In the end, the political pressure resided on the shoulders of the council.
Past impasse proceedings also included elaborate technical presentations by both sides of the dispute, followed by deliberations by council members.
Council member Janika White agreed with Wade’s legal assessment and his rejected proposal. White and Smiley are also attorneys.
“The arbitration is clean,” White said. “It’s succinct.”
Impasse rules have been changed several times over the decades. The last time council members tweaked the rules was in 1978.
The current push was inspired by the most recent budget season last July. Council members approved the first of a two-year 10% raise for city firefighters and police the previous year. Instead of receiving the second 5% installment the next year, they had to settle for a 3% raise, with the promise of being made whole in January.
The disappointment led to lawsuits by police and firefighter unions, along with intense lobbying of council members.
Mayor Paul Young ultimately urged the council to fund the extra 2% to end the lawsuits. Still, other city employees took notice of the precedent.
