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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 11,2009: Richard Zuckerman, chief labor negotiator and city labor counsel for years, at the request of Councilmen Tom Roach and Benjamin Boykin informed the council that based on Westchester County average comparable contracts negotiated recently, the city faced arbitrated wage increases of possibly 4% this year and next, that would be most likely be extended to the other two city unions, the teamsters and the Civil Service Employees Association.

The council learned for the first time, that a prescheduled series of binding arbitration hearings will begin September 21 with the Police union and September 24, with the Firefighters Union , (10 and 14 days from now). Because the Common Council chose not to renew the contract of the city’s labor counsel when the Lamb & Barnosky contract expired, work on preparation for the impending talks was stopped as of July 1, the labor counsel said.

They also learned that despite the economic downturn, the negative revenue shortfalls affecting cities and towns and counties around the area has not had the effect of trimming labor settlements, Zuckerman said. Zuckerman (above) is with Lamb & Barnosky, a legal firm which has handled city labor negotiations since 1968, until July 1 of this year, when the Common Council tabled the matter of renewing the Lamb & Barnosky contract, pending more information about the firm. The matter is scheduled to be considered September 24, three days after pre-scheduled hearings with the Police union begin.
With the Presidents of the Patrolman’s Benevolent Association (Jim Carrier) and White Plains Professional Firefighters (Joe Carrier) looking on the proceedings, Councilman Benjamin Boykin started the meeting saying he and Mr. Roach had written the Mayor twice since last April asking the status of the union binding arbitration proceedings, and had not received a response until this evening. Mayor Delfino said that Mr. Zuckerman could only comment on dates of when hearings would be held, and that was Councilman Tom Roach’s first question.
Zuckerman said hearings would begin September 21 with the Police and September 24 with the firefighters and continue through October. He also announced that a neutral arbitrator, Roger Maher had been agreed on to handle the police hearings, joining Alan Vianti, the neutral arbitrator selected last spring for the firefighter arbitration.
In the course of the acrimonious meeting, punctuated by bickering and fingerpointing between the Mayor and the members of the Council, Mr. Zuckerman noted to the Council that because the Lamb & Barnosky contract had not been renewed, he had suspended all preparation of exhibits he would have usually prepared for the upcoming arbitration.
The Council did not address how much work had been done previously until the suspension of the contract.
Mr. Zuckerman told WPCNR when asked about the possibility of postponing the hearings if the Council acted swiftly in approving the contract. Zuckerman said he could not comment. Zuckerman did say that binding arbitration hearings were routinely scheduled around advance availability of the participants and when they were available. WPCNR took that to mean a restructuring of the present schedule for White Plains Police and Fire would be difficult to do.
WPCNR asked Mr. Boykin at the conclusion of the hour and a half session if the Council would move immediately to authorize renewal of the Lamb & Barnosky contract, starting Mr. Zuckerman to work. Boykin said only, “The matter has been tabled until September 24.”
Mayor Joseph Delfino said that he wanted to correct Councilman Boykin’s assertion at the Tuesday Common Council meeting that he, the Mayor, had committed the city to binding arbitration. Zuckerman explained to the Council that under state law the union can call for Compulsory Arbitration which is far more costly and time-consuming because it is administered by the New York State Public Employees Relations Board.
Zuckerman said that both parties, the city and the police and fire unions agreed mutually to voluntary binding arbitration, which enabled the city to save numerous fees. This was done apparentlyaccording to WPCNR observation without consulting the Common Council in any public work session, though Mr. Zuckerman did not say this.
Zuckerman said both the unions and the city had signed agreements authorizing binding arbitration through neutal arbitrators, Alan Viani and Roger Maher, now in place. It was not clear whether these agreements could be rescinded, but the Council did not ask. However, Joseph Carrier told WPCNR previously that “you can always negotiate” even while arbitration is in process.
In the months since the Council rejected the 3.75% and 4% wage increase the Mayor had negotiated last fall, the council has not stated a preference on this matter going to arbitration or making a public statement to the Mayor they felt the city should go to Compulsory or voluntary binding arbitration.












