After 6 years of negotiations and promises, East St. Louis cops still waiting on 2% raise
East St. Louis City Manager Carlos Mayfield said rank-and-file members of the city’s police department could expect to see 2% raises reflected in their first paychecks of 2022.
It’s two months into the new year now, however, and the officers say they are still waiting on their pay increase.
It’s been seven years since they’ve seen a raise; two years since representatives of the city and Fraternal Order of Police signed off on that new contract that guaranteed them a 2% annual hike retroactive to 2015; 31 months since a court-appointed arbitrator told the city the contract was legally binding; and six months past the arbitrator’s deadline for the city to make good on its terms.
On Oct. 11, the East St. Louis City Council voted unanimously to implement the raises, prompting Mayfield’s assurance that they would take effect with the new year. But he said the raises couldn’t start until the city council approved the new fiscal budget, which was delayed until Feb. 15 due to the weather.
But the most recent paychecks, which were issued on Feb. 28, still did not include the 2% bump in pay.
President Robert Sallie and the other members of the Fraternal Order of Police East St. Louis Lodge No. 126 want to know: Where’s the money?
”The arbitrator ruled in our favor. The ruling is legally binding. There is no way to undo it and do with it what you want to do,” Sallie said. “No, we did not sign off on a different agreement. We are sticking with the arbitrator’s ruling.”
Repeated attempts over the last eight months to reach those most directly involved in the negotiations have gone unanswered. They include Robert Jones, attorney for the Fraternal Order of Police, the officers’ union, and Ryan Olier, a field representative for the Fraternal Order of Police who negotiated the 2019 collective bargaining agreement that eventually became subject of the arbitrator’s ruling.
When contacted, East St. Louis City Attorney C.J. Baricevic referred all questions to Mayfield.
Officers who have spoken to the BND have asked their names not be published out of fear of politically-motivated reprisal, including the loss of their jobs.
Arbitrator intervenes
The East St. Louis police officers’ last collective bargaining agreement with the city expired on Dec. 31, 2015, but a new deal wasn’t negotiated until 2019.
The contract provided 2% annual raises for all officers with a rank of sergeant and below, plus raises retroactive to the end of the previous contract to be paid as a lump sum. Anyone who worked as an officer during that time, including those now retired or deceased, would be afforded their prorated share.
Collective bargaining agreements with other East St. Louis workers also including so-called “me-to” clauses, which means whatever benefits one union negotiates must then be extended to the others. Workers with the fire and public works departments, therefore, also are past due for a 2% raise.
Jones, Baricevic and then-city manager Brooke Smith signed off on the contract. But Smith, who had just been hired to the job months before, later recommended to city council members that they not approve the contract, citing the city’s on-going financial hardships.
According to the court documents, Smith said she felt obligated to sign off on the tentative agreement because it had been negotiated by her predecessor prior to her hiring earlier in 2019. She told the city council, however, that the contract threatened the ability of the police and fire departments to remain operational.
The same court documents said that Baricevic told the council that “it would constitute unfair labor practice under the (Illinois Labor Relations) Act should the Council not ratify it,” because the city had already agreed to the terms of the contract.
The council acted on Smith’s advice and voted the deal down.
Two years later, on Aug. 2, 2021, Jacalyn Zimmerman, an arbitrator appointed by the St. Clair County Court, ruled that the council members reneged on the agreement and gave the city 30 days to honor its terms.
In her ruling, Zimmerman recognized that East St. Louis’ fiscal problems have been long-standing and well known, but “the fact that salary increases may be difficult to pay does not demonstrate an inability to pay.”
By state law, her ruling is final and cannot be appealed.
“Settlement” rejected
The city and police union representatives, nevertheless, went back to the negotiating table and agreed to a “settlement” on Oct. 8. Its terms provide all the same compensation benefits outlined in the original contract, adding that the two sides have 90 days to negotiate the total amount of retroactive pay that is due the officers. The city has proposed a settlement amount of $148,830.52, which police officers who spoke to the BND believe is too low.
“We went back to the union after the arbitrator’s ruling and asked them if we could negotiate more favorable terms,” Mayfield said this week. “Their union agreed to negotiate in good faith.”
Officers who spoke with the BND acknowledged the city’s financial challenges. They have argued, however, that their median pay is lower than police departments in comparably sized metro-east communities even though their work is more dangerous due to the high rates of violent crime in East St. Louis.
A 2% raise isn’t out of line, they say.
City council members voted unanimously to approve the settlement in a special meeting held three days after it was signed by Baricevic and Jones. Rank-and-file members of East St. Louis police union, however, issued a letter back to the city on Oct. 14 flatly rejecting the settlement, stating that they were not given the opportunity to vote on it and arguing that Zimmerman’s ruling is final.
According to the letter, a digitally scanned copy of which was obtained by the Belleville News-Democrat, the officers confronted Jones and Olier with their dissatisfaction during an Oct. 13 union meeting.
“After further discussion, the members of FOP Lodge #126 expressed deep resentment for the nature and manner this signed agreement was introduced and handled,” it reads. “The members of FOP Lodge #126 vote to reject the pay raises proposed in the signed agreement between Baricevic and Jones.
“On August 2, 2021, Jackie Zimmerman, a duly recognized and appointed arbitrator, found and ordered 2% raises to be paid to the members of the East St. Louis Department Bargaining Unit (FOP Lodge #126) represented by the Fraternal Order of Police, retroactive to the previously bargained for contract.”
The letter further states that the officers consider the settlement “null and void,” since a legally binding ruling already had been made by Zimmerman.
“The arbitrator’s award is final and binding, therefore there are no more negotiations to be had or side agreements to be made in this matter. ... therefore the process going forward is litigation.”
The letter was signed by Lodge 126 President Robert Sallie, Vice President Leland Cherry and Trustee Andre Henson, none of which provided the copy obtained by the BND.
East St. Louis Mayor Robert Eastern III said he could not comment on the negotiations, other than to confirm details spelled out in public records.
This story was originally published March 4, 2022 at 5:00 AM.
