The union representing employees in the Waldoboro police department, public works department and transfer station has filed a complaint against the town for an alleged violation of labor relations law.
The complaint, filed Dec. 30 with the Maine Labor Relations Board, stems from a Waldoboro Board of Selectmen decision to expand the number of employees required to pay into their health insurance.
Employees in the Waldoboro police department, public works department and the transfer station voted to join the American Federation of State County and Municipal Employees (AFSCME) Council 93 in Boston early last year.
Since that vote, the town has been in negotiations with the union to establish contracts for those employees.
On Sept. 27, the selectmen approved requiring an additional 11 employees – seven of which are in the union – to pay 15 percent (about $1000 per year) of the difference between a single and family health insurance plan.
Prior to that vote, only employees hired after July 2003 were required to pay into their health insurance.
The additional employees paying into their insurance was implemented to help the town comply with a budget cut approved at a special town meeting last summer. At that special town meeting, voters cut just over $30,000 from the employee benefits budget, leaving the town few options other than this one, said Town Manager John Spear at the Sept. 27 meeting.
At the Sept. 27 meeting, Spear cautioned the selectmen that it was “very likely” that an employee would file a legal complaint against the town, because an employer typically may not change union employees’ benefits before a contract negotiation.
“I think [the selectmen] are between a rock and a hard place,” Spear said at the time.
Spear has previous experience negotiating teachers’ contracts for RSU 13, and before he was hired as Waldoboro town manager he was self-employed as a public management consultant for school districts, in part specializing in labor negotiations.
The selectmen said at the time they were deciding to approve the change to health insurance policy despite the risk of union response because the change was in keeping with the intent of the voters at the special town meeting and because failure to reduce health insurance costs would cause the town to overspend the health insurance budget.
In a telephone interview about the complaint on Jan. 9, Spear was explicit that “the change was not a retaliation to employees for unionizing.”
On Dec. 30, the union filed a complaint with the Maine Labor Relations Board alleging that the change of health insurance policy violates labor relations law. The complaint also alleges that in early September the town failed to meet with negotiators in a timely matter.
The town will next file a response to the complaint by Jan. 19.
If the complaint is not dropped for any reason, the Maine Labor Relations Board will review the case and make a decision.
On Jan. 9, Spear said he’s “hopeful” that a contract with the union can be reached prior to the Labor Relations Board review of the case. If not, he hopes the board will grant an extension to give the town and union more time to negotiate.
Mike Wing, the town’s hired negotiator for the union contracts, reportedly told Spear there is some precedent for the Labor Relations Board allowing changes to employees’ benefits during negotiations when there are extenuating circumstances, “but the bar is pretty high,” Spear said.
If the board rules against the town, they could require the town to cease charging unionized employees for health insurance and order the town to repay those employees any amount they’ve paid into health insurance as of the time of the decision.
At the Waldoboro Board of Selectmen’s meeting on Jan. 10, Spear cautioned the selectmen that if the board rules against them, the town would have limited options to avoid overspending the budget for employee benefits.
The town could request voter approval at a special town meeting to increase the budget for employee health insurance. If the budget cannot be increased, Spear warned that the town might have only two options: increase the contributions of non-union employees; or lay off employees.
