Public Employee Unions and Benefits (Part 2)

I won’t go into the history of unions, their membership and the purpose they serve (at least not now). Rather than that I want to talk about the benefits.

Over the past several years many public sector employees have been able to obtain defined benefits (pensions) so that they are nearly competitive with the private sector. However, just as the private sector, the public sector is moving to a defined contribution for new employees.

Whenever a government entity has budget problems, or is just looking at making changes, they like to talk about how extravagant the government employee benefits are. The same politicians that people don’t trust on other issues, who’s credibility is such that if they said it was a bright sunny day tax payers would go find a window to look out and double check, are all of a sudden believed without question. When they want to attack government employees benefits their word is taken as gospel and no verification is needed, or sought (nor is the pensions that they set up for themselves included in that conversation or put on the “chopping block”).

I could make the arguments about how law enforcement officers (LEO) and firefighters (FF) deserve the pensions that they have because they risk their lives; that they deal with circumstances that others run away from. I could also argue about how in some school districts the teachers also risk their lives, in addition to preparing our children to be the future leaders. These would be valid arguments, however, as soon as you raise those points you turn off a lot of people. They say, that’s true but they chose that job.

Rather than that, let me make another point, but first I’d like to ask you a couple of questions.

1. Would you take a job in which you were not entitled to overtime pay if you work more than 40 hours a week?

2. Would you take a job in which you were subject to work a double shift if others don’t come to work (and again were not guaranteed to receive overtime pay when that happens)?

3. Would you take a job that when you retired would cause your Social Security Benefits to be reduced by up to 60%, even if you had all you quarters and/ or worked at another occupation after you retired?

I’ll leave it at 3 questions for now.

As I said, I am not going to mention risking you very own life, being exposed to disease(s) and illnesses that could threaten your life and your family. If you answered no to these questions you wouldn’t be a firefighter or law enforcement officer. If you answered no to number 3 you wouldn’t be a public school teacher either.

When most people choose to go into public service they aren’t aware of, or even consider the above questions.

Questions 1 & 2

Law enforcement and firefighters are exempt from the Fair Labor Standard Act (FLSA) regulations requiring that an employee be paid overtime when they work more than 40 hours a week. It is commonly referred to as a “207K exemption” or” Section 207 (K) exemption.”

Section 207 (K) has a schedule of the Maximum Non-Overtime hours Law enforcement and firefighters have to work before they are entitled to overtime pay. It ranges from 43 hours (LEO) or 53 (FF) in a seven day period, to a maximum 171 hours (LEO) and 212 hours (FF) in a twenty-eight day period. Some agencies require that you actually work those hours, if you take a personal or sick day you aren’t paid overtime. Others only require that you be on payroll for those hours, if you take a sick day or personal time and are carried on payroll you will be paid overtime. Government entities can declare their LEO and FF exempt and there is a process for that.

During the past few years’ law enforcement and fire departments have been having trouble hiring new personnel, they are not able to keep up with the attrition. This is resulting in LEO’s being held over for a second shift in order to have enough manpower to cover the streets and not have public safety jeopardized. The good side is it is easier for LEO’s to reach the working hour requirements; the negative is the increased worker comp. and other liability. Officers are working on the streets when they are exhausted, this endangers their safety and could reduce their ability to respond to situations.

Some public sector employees actually contribute to their pensions, in addition to Social Security. If those that serve your community do, you’re never told that by politicians as they reticule those pensions (nor do they tell you about the pension they will receive for only serving a few years as an elected official). For decades public sector employees either had no pensions, or they were poor, no where close to private sector pensions.

Many were enhanced and got much better in the late 80’s and 90’s. What happened in the 1980’s? The Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Because many LEO’s retire earlier then other public employees and start other careers, this tends to have a greater impact on them. Their Social Security benefits may be reduced up to 60% because of these pieces of legislation. More information is available from the Grand Lodge, Fraternal Order of Police.

Public sector unions represent their membership to ensure a decent wage so that they can care for their family. They also help ensure that employees are treated fairly and are not subjected to hostile working conditions. Management has complained in the past about the need of a professional work force, one that is free of corruption and favoritism to the wealthy in society. Paying a decent wage, comparative with the private sector helps reach and maintain that objective. BUT politicians can’t continuously go back and forth on this issue; either you want a professional work force or not. Public sector unions and benefits help achieve those objectives.

Now let me climb down off my soap box and say that I realize that there are union leaders that do not espouse to the philosophy of working with management, some have the attitude of give me, give me, give me. In those cases the individual locals should be addressed instead of the preverbal shot gun approach. Just as all politicians aren’t corrupt; neither are all unions. To quote another generation “you don’t throw the baby out with the bath water.”

As I mentioned before the priority of management and labor should be fixing any problems, then if you feel the need place blame go for it. THAT’S MY OPINION, WHAT’S YOURS