News from Patrick Flynn

Rescission decision

After slowly wending our way through the consent agenda, the portion of Assembly business that’s supposed to be brief but often drags on – last week over lunch budget discussions, this week over garbage truck deliberations – we will ultimately deal with three motions that would rescind our previous approval of three labor contracts.  What’s interesting about them is the differences between the seemingly similar motions.

As I wrote last week, the first motion deals with the IBEW contract and was brought by Dan Coffey.  It seems the purpose is to push the union to make concessions on a jurisdictional matter but the most likely result, should the motion pass, would be uncertainty as to the legal status of the contract (and we might get sued).  I’m supportive of the effort to clarify some jurisdictional issues but don’t feel rescission is the right approach.

The motions to rescind the police and fire contracts were brought by Bill Starr, I think to encourage both bargaining units to discuss wage concessions.  The IAFF, which represents the firefighters, announced a proposed concession earlier this week so Mr. Starr filed another motion to withdraw that motion (confused yet?).  Meanwhile his police contract rescission motion remains on the table and, similar to my concerns about the IBEW contract, I don’t think this is a good idea.  Here’s what Del Smith, APDEA‘s lobbyist, had to say about it:


I called you earlier today but in case we don’t get a chance to talk I  wanted you to know my concerns in a timely manner.  It is my  understanding that you are not going to move for rescission of the IAFF contract which I assume is based on their meeting with the MOA to  discuss their contract.    APDEA is scheduled to have their first  meeting with MOA next Monday under the “meet and confer” provision of the contract which is what they said they would do during testimony in December.  Assuming those talks are ultimately satisfactory to both parties, as you know, any agreement reached must be approved by a  majority of the membership.   Any Assembly action to rescind the  resolution approving the contract will tend to confuse the membership  and create an environment that will ultimately make it more difficult  to obtain approval of any negotiated agreement with regard to the  contract.    If the goal of your rescission action is to “drive APDEA to the table” it is absolutely not required and potentially damaging to the MOA/APDEA relationship.  I urge you to reconsider pursuing this rescission action.


Del Smith

I will say that, should one of the bargaining units be recalcitrant in working with us to cope with our budget shortfall, I would be more inclined to support action like a rescission motion.  For now, however, I’d prefer to wait.  Should be an exciting discussion!



This contribution was made on Tuesday, 03. March 2009 at 19:28 and was published under the category Fiscal matters. You can follow comments on this entry through the RSS-Feed.

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