Police Association's Suit Against Village Stalls

A pending suit between the Menomonee Falls Police Association Local 313 and the village is at a standstill.

The MFPA claims the village violated the terms of the its 2011-12 collective bargaining agreement by approving changes to health care plans for its members without giving due notice as outlined in the agreement. The village claims state law, or Act 32, made it illegal for the two parties to bargain for the design of a health care plan starting in 2013.

The suit was filed in Waukesha County Circuit Court by the MFPA in December 2012 a month after the Village Board approved its 2013 contract, which included changes to officers' health plans. The court proceedings have stalled as both the MFPA and the village are awaiting a decision from the Wisconsin Employment Relations Commission.

WERC helps reach peaceful resolutions in public and private employment.

The MFPA on Nov. 15 filed a similar grievance outlining their allegations with WERC, and the case in civil court has stalled until a decision comes down from the commission. Negotiations for the 2013-14 contract have also stalled as a result.

In an affidavit submitted to the court, Village Manager Mark Fitzgerald said the changes to officers’ health plans were necessary in order to cut costs and avoid layoffs. After passage in 2011 of Act 10 and Act 32, the village can no longer increase the tax levy unless new development occurs. Fitzgerald stated that the village would save $600,000 by switching to a lower tiered health plan.

If the village were forced to switch back to the higher tiered health plan, it would likely lay off 10 percent of the police force, or six of the 58 officers, Fitzgerald stated in the affidavit.

The MFPA alleges the village failed to give its members 60 days notice before changing health care plans, which was part of the 2011-12 agreement. Additionally, the agreement also states benefits and coverage levels must be greater than or equal to 2007-08 benefit levels.

In Fitzgerald's affidavit, he also states neither the union nor the Village Board ratified the collective bargaining agreement. The agreement was solidified through a consent award on May 26, 2010, and the board never adopted a resolution for the 2011-12 contract. 

Brendan Matthews, an attorney representing the MFPA, said the suit is about more than just “dollars and cents.” He stated in an affidavit that the case is more about the village’s refusal to perform a ministerial duty, which resulted in negative consequences for MFPA members. 

He further stated that Act 32 does alter the collective bargaining process, but the extent it modifies bargaining is still unknown. 

The MFPA and the village will continue the court proceedings once WERC hands down a decision.