Falls Police Union Says Village Violated Bargaining Agreement

The Falls police union is locked in a civil suit with the village regarding changes to its health care payments and provider.

The Menomonee Falls Police Association is locked in a civil suit with the village regarding changes to its members health care plan.

The MFPA Local 313 is the union that represents law enforcement personnel in the department. The union alleges the village violated the terms of its 2011-12 collective bargaining agreement when it switched health insurance providers to Humana as a cost saving measure.

The Village Board approved its 2013 budget Nov. 19. As part of the budget, the village switched MFPA member’s health care provider to Humana. The MFPA contends that change violated its agreement with the village.

According to the MFPA's 2011-12 collective bargaining agreement with the village, all union members must be given 60 days notice of health care changes. Additionally, the benefits and coverage levels must be greater than or equal to 2007-08 benefit levels. Furthermore, parameters in 2011-12 agreement would remain in place until a new agreement is reached.

The MFPA claims the village violated those terms of the agreement. In December, an attorney representing the union filed an injunction to prevent MFPA members from paying the higher rates for Humana. However, a judge declined that request.

Village Manager Mark Fitzgerald declined to comment about the MFPA’s civil suit. He withheld comment until the village officially files its response to the allegations with the Waukesha County Circuit Court.

Nuitari (Grand Master Editor) January 04, 2013 at 11:11 PM
Pigs should shut their overfed holes.
Michele Divelbiss January 04, 2013 at 11:35 PM
Do represented police officers and fire fighters retain their full collective bargaining rights? Yes. None of the changes described above apply to public safety employees, which is defined to mean any municipal employee who is employed in a position that is classified as a protective occupation participant who is a police officer, a fire fighter, a deputy sheriff, a county traffic officer, or a person employed by a village to provide police and fire protection services. These employees retain the right to bargain with their municipal employers on wages, benefits and conditions of employment. Moreover, the CPI limitation on base wage increases does not apply to public safety employees. http://www.lwm-info.org/index.asp?Type=B_BASIC&SEC=%7BAB3B89C9-E759-42A0-BBBC-B395FC9381C9%7D The Village is most likely still under a CBA with the police and fire unions. The change may have been a reasonable one, but if it violated the CBA the Village could be in trouble.
jennnifer January 05, 2013 at 02:54 AM
Really?! Shut their overfed holes? Get real! These people sacrifice their families every single day and miss out on so entirely much due to the "lovely" hours of the fire/police shifts! Now all of our families have to pay THOUSANDS out of pocket before care? They care for others 24/7 and now we get worse insurance than walmart employees? (Nothing against walmart employees just stating that these men/women go to school and to have careers with good insurance) and now everything is pulled out from under them? I think it is rather unfair that the people who serve your community for healthcare gets hit with some nasty insurance benefits.
W . Benz January 05, 2013 at 03:29 AM
Fitz should have been fired after the Hotel fiasco but the Village Trustees have lost their stones and only want to be re-elected . Fitz laid off Village workers then told the fire chief to go pound salt , now it's the Cop's turn . The Village is spending $$$$$ on legal fees for the hotel and now on this lawsuit, .....Village board SILENCE !!!! Fitz is now a board member of CMH ::: WHY ? .......................................KING FITZ needs to go ---
Nuitari (Grand Master Editor) January 05, 2013 at 12:54 PM
This is Menomonee Falls, not Milwaukee. All cops do here is drive around, talking on their cell phones. Move to Milwaukee if you or your spouse feel under-appreciated and need more action.
Nuitari (Grand Master Editor) January 05, 2013 at 12:56 PM
Radisson employees get free rooms and a nice bed to sleep on. MF cops get a free car, cell phone and lap top to play around with.
Jim Horvat January 05, 2013 at 02:55 PM
Nuitari, You're entitled to share your opinion just like anyone else. However, name calling is childish. In fact, most children know better than to call ohters "names" or discredit them, because they know its considered bullying. If you choose to comment, please consider using a more mature approach.
W . Benz January 05, 2013 at 03:00 PM
Nuitari you once ask me what I had against you ? Some of your posting are way over the top like the one above calling cops pigs . Some of your points are on target but then you post comments like this. Should the cops pay more for insurance ? sure but until their contract runs out or a new CBA is negotiated it should stay as is. Watch how KING FITZ retaliate's against the officers using the budget and cutting cops and hours .... Someone has to pay for the Solyndra Hotel and all these legal fees ... The Unelected King Fitz should pay the price ...
Nuitari (Grand Master Editor) January 05, 2013 at 05:00 PM
Thank you for your suggestions.
W . Benz January 06, 2013 at 01:16 AM
Jennnifer -- Sacrifice , lovely hours , insurance worse then W- mart -- OH PLEASE some of us know better . Try running a bussiness or work at other jobs like OTR driver or lineman . If the Job is too much move on but I do agreed Village KING FITZ had no right to change the contract [ unless agreeded ] by the current Union. KING FITZ's next one will be more Fees [ TAXES ] for village services and the big one hitting taxpayers , cities / villages charging for firecalls/ EMT runs and even Police calls. Jen wait for OBama care to kick in , you think this is unfair just wait for 2014 and all the fees and fines..... Brace yourself
Nuitari (Grand Master Editor) January 06, 2013 at 03:36 AM
Fire Fly is spot on with his prediction of fees. The village bent over to the garbage union and thus we got a bogus "garbage fee" on top of our taxes and I'll be waiting to see a "public safety fee" on next year's bill.
Steve ® January 06, 2013 at 05:13 AM
Unions are a cancer on the free market and the taxpayers.
Steve ® January 06, 2013 at 05:14 AM
We need to take away their firearms. Guns only lead to school shootings.
W . Benz January 06, 2013 at 09:47 PM
Steve try to get more sleep ! Take away our 2nd constitution right ? Good luck with that buddy and I hope your armed when you try. Unions are 13 % of the work force and employers can hire anyone they please !. The cancer is the free loaders and the Unelected highly paid Gov bureaucrats and the pols that feed them.
jennnifer January 07, 2013 at 03:08 PM
I don't even live in the falls. I don't oppose to people leaving if they do not like it, what I do have a problem with is the insurance changes that were unfair.
jennnifer January 07, 2013 at 03:10 PM
And i would NEVER move to milwaukee.
Nuitari (Grand Master Editor) January 07, 2013 at 03:42 PM
Then what business do you have with the cops here? Plenty of our insurance coverages have changed for the worst, so when cops start whining, as did the teachers, most of us aren't sympathetic.
Nuitari (Grand Master Editor) January 07, 2013 at 03:42 PM
I hear that.
Steve ® January 07, 2013 at 04:45 PM
No, we need to take away all guns even from the cops. All guns do is grow legs and walk to schools and shoot kids and stuff. Employers can't do as you suggest. Unions are nothing more than a constant funnel of money into the democrat party. Money that is forced out. As a taxpayer I have no vote in DE-unionizing the police.
Di Atribe January 07, 2013 at 09:55 PM
Nuitari--please stop posting. With your undeveloped thought process and ganglia-level blurting you remind me of Grandpa Simpson yelling at the clouds. Or possibly someone who's Tourette's medicines aren't working.
Nuitari (Grand Master Editor) January 07, 2013 at 10:17 PM
Di Atribe, you are a hypocrite. Why should I take the advice from someone who has the alias meaning "a bitter attack"? I'm jealous by the way.
W . Benz January 08, 2013 at 02:51 AM
Steve again employers can lock of union employees or not agreed to a CBA . The employer can hire people to cross the picket line and Hire permanent replacements workers . Remember the Baseball /football and other strikes that hired replacements.
Di Atribe January 10, 2013 at 04:35 PM
Police officers, and to a lesser extent firefighters, are pretty much the only employees who should be covered by a strong union. No other profession has the scrutiny for their daily schedule and interactions, the constant accusations of wrongdoing by disgruntled criminals (which should be investigated--I'm not saying there are no bad cops--just exponentially fewer than most people want to believe), the need to be constantly trained and proficient with firearms and tactical situations, and the continuous need to be ready to help people when they are called for assistance. Many people want to hate cops because of the speeding tickets they may get, or because they are blinded by the couple of news stories a year of officers who did something wrong and let their fellow professionals down. The numbers don't play out for the suspicions. I would bet 99.5% of the cops are what we expect of them. Add in the job's propensity to have employees who get hurt arresting drunks and belligerent wife-beaters (not every incident makes the papers--lilly-white Menomonee Falls has its fair share of drug addicts, drunks, and wife-beaters causing problems and refusing to be arrested), the need is there for a seawall of protection for the employees in order to let due-process take hold over headline-grabbing emotions. The change in the healthcare policy is a good idea, and should be pushed through. But it needs to be pushed through according to the contractual rules of the agreement.
Di Atribe January 10, 2013 at 04:50 PM
I referenced due-process over headline-grabbing emotions in the other post. I have personal knowledge of a high-profile case from a few years back that is testament to the need for strong police union protections. In a nutshell, a couple of officers were accused of not following through with a citizen contact, and then something really bad happened. The public went nuts and the officers were put through the wringer. Behind the scenes the officers were actually told to do their contact procedures a certain way because that chief at that time fell victim to the political pressures of a special-interest group, and the officers followed that "off-the-books" policy. The chief allowed the officers to be publicly scapegoated and lost every appeal. The officers received all their back pay from being suspended and had their jobs reinstated--but only on the condition they keep their mouths shut about the "off-the-books" policy. Without the union those officers wold have been left out in the rain while the chief pretended to know nothing. That chief quickly left to another job, since he no longer had the respect of anyone he was leading. And no, I'm not an officer, and no, it wasn't in our area, but the information is factual. I just don't want to reveal any more detail in case someone involved, or a relative, of the bad incidents read this. It's not fair to them to dredge up details.
Realtycheck January 24, 2013 at 08:04 PM
I think it is shameful & unacceptable the way Fitzgerald changed things. It is a slap in the face to his employees and their respective families. He should be ashamed for what he has done. I'd like to know what his health insurance premiums look like.


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