A Closer Look at the Process Behind the Phoenixville Police Arbitration Award

With the terms of the new Phoenixville Police contract approved by unanimous vote at Tuesday’s meeting, the president of the Phoenixville Police Association wanted to put the arbitration award in context.

According to Cpl. Lance Frost, the process began back in spring of 2010, as the contract was set to expire at the end of that year. According to Act 111, the state law that governs police collective bargaining, negotiations must begin six months before the contract expires.

Both sides are legally required to sit down to work in good faith toward an agreement. Frost said members of the police association met with Phoenixville Borough Council representatives Richard Kirkner, Ken Buckwalter and Michael Handwerk at the negotiating table.

The collective bargaining unit has to reach an agreement by a certain point or else they have two options—file for arbitration or lose all collective bargaining rights. In September 2010, the association had to make that choice, according to Frost.

“We were at an impasse,” he said. “In our opinion, they were asking us to give up way, way too much.”

The move marked the first time the police contract in Phoenixville has gone to arbitration since the 1990s, Frost said. It can be a costly process, as lawyers, economists and others hired to help with the arbitration are paid for by the association, while the borough pays to bring others to witnesses.

“The incentive is to go to an agreement,” Frost explained.

The process turned out to be lengthy, Frost said. Handwerk and was replaced by Councilman Mike Speck in the negotiations process, and the arbitration hearings were continued until May.

Hearings were held on May 5 and May 19 of last year. Frost took issue with a statement made at the council meeting at Tuesday’s meeting that the process is all behind closed doors. The arbitration hearings, Frost said, are open to the public.

Borough Manager Jean Krack said he’s been through police contract arbitration in previous roles and he never saw anyone from the public attend.

“I guess if somebody showed up, they could technically sit in,” Krack said.

The arbitration wasn’t publicly advertised and it’s not required to be advertised to the public, Krack said.

The arbitration board present at the hearings consisted of a representative from the borough, a representative from the Phoenixville Police Association and a neutral arbitrator chosen by a process inclusive of both parties, as per Act 111.

Frost emphasized that the association went into the negotiating process with “an open mind” and hoped to reach an agreement at the table, without going to arbitration. As police can’t strike in Pennsylvania, arbitration was the only option where the association could hold on to its collective bargaining rights when the two sides couldn’t agree, Frost explained.

“If we didn’t ask for arbitration, we give up all of our rights,” Frost said.

He added that the association consists of many officers with spouses who work in the private sector, so the police anticipated that the economic situation may have an effect on the negotiations.

“We went in knowing it was a tough economic climate,” Frost said.

The current contract is good through Dec. 31, 2013. The contract covers approximately 25 active officers as well as several retired officers. The chief and lieutenant are entitled under state law to the terms of the contract, as well, although they are not members of the association. For a look at some of the terms of the new contract, see an .