Governor enters police pact dispute
By Rick Klein, Globe Staff | July 16, 2004
Governor Mitt Romney yesterday intervened in Boston's bitter dispute with its police union, naming a new chairman of a state labor panel in the hope of forcing a contract settlement before the Democratic National Convention.
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Just hours after the panel's acting chairman had rejected Mayor Thomas M. Menino's request that it order expedited arbitration, Romney appointed Samuel E. Zoll to fill a vacancy that had existed for nine months. The move strips power from the acting chairman, Morris Horowitz, who refused to order the expedited timeline.
Romney's action also revived the possibility that the Boston Police Patrolmen's Association may have a contract in place before the Democratic National Convention begins July 26. The pact is a major priority of the Menino administration, which is attempting to avert union pickets at convention-week events.
Romney said he appointed Zoll, a retired chief justice of the district court system, as head of the Joint Labor-Management Committee in hope that he will reverse Horowitz's ruling and order an arbitrator to settle the police contract before the convention begins. Romney said he agrees with Menino that police pickets could jeopardize public safety, because officers would use precious off-hours to protest rather than rest.
''The Democratic National Convention, as a national special security event, is just too important to have law enforcement distracted by manning picket lines," Romney said at a hastily arranged late-afternoon news conference at the State House. ''Frankly, that's our whole priority: Let's get this resolved."
Zoll moved immediately to schedule a committee meeting for Monday morning, though it was billed to members as an introductory session. Though the committee wasn't scheduled to meet again until next month, the chairman can call an emergency meeting with 48-hour notice, Romney said.
Zoll said yesterday in a prepared statement that he was honored by the appointment. He said he would take some time to review the issues and meet the committee's other members before deciding how to proceed with regard to the police union.
''I understand the seriousness of the committee's responsibilities and will immediately begin to inform myself of all pending matters, as well as to introduce myself to my fellow members of the committee," he said.
Zoll retired last month after 28 years as chief justice of the district courts after he turned 70, the state's mandatory retirement age for judges.
The governor added that he did not ask how Zoll would proceed or order him to take a particular course of action. But Romney said he made clear his wishes before swearing him in.
The 14-member labor-management committee, whose role is to help communities settle contracts with police and fire unions, is evenly split between management and union representatives. Six members represent municipalities, three represent fire departments, and three are nominated by police departments. The committee's chairman and vice chairman are neutral representatives, nominated by the full committee membership and appointed by the governor.
The committee's top police representative, retired Springfield police officer Paul Birks, said that he and five other labor representatives have agreed to walk out of the meeting if any move is made to reverse Horowitz's ruling.
''I know what the governor's trying to do, but it isn't going to work," said Birks, who is chairman of the committee's three-member police contingent. ''It's not going to happen. I'll bet my life on it. It's going to go the way [Horowitz] said it's going to go."
Early yesterday, a subcommittee of the labor-management committee agreed with Menino's assertion that further delay in the police union's contract could constitute a threat to the ''public welfare" and voted 2-1 to order arbitration, with Birks providing the dissenting vote.
Horowitz said there was no way to work out all the issues before the convention begins, and he tabled a motion that would have forced an arbitrator to make a judgment by then.
''The convention's coming up too soon for this process to get going that rapidly," said Horowitz, the committee's vice chairman and a retired Northeastern University economics professor. Horowitz had been acting chairman since October, when the longtime chairman, John T. Dunlop, passed away.
Horowitz's ruling was a partial victory for both sides. Menino got the arbitration he has been seeking, but without expedited hearings there was no realistic chance of a settlement before the convention, when the police union is planning to embarrass him during a big moment. The patrolmen's association had been fighting any arbitration, but its officials were pleased that the process wouldn't be rushed. Their huge bargaining chip, protesting at the convention over the lack of a contract, would remain intact.
Thomas J. Nee, president of the patrolmen's association, reiterated his call for Menino to personally get involved in contract talks with his union before an impasse is delcared. Nee's union is asking for roughly 17 percent raises over four years, while the mayor has offered 11.9 percent.
Nee labeled Romney's move to influence the committee's ruling outrageous. ''Among us commoners, they call that judge-shopping," Nee said, adding that he respects Zoll and hopes he will let Horowitz's ruling stand.
Romney's decision has a huge potential upside for Menino, whom the governor also rescuedlast month by addressing the US Conference of Mayors after Senator John F. Kerry canceled.
The mayor applauded Romney's decision to fill the committee's chairmanship and said he did not ask the governor to intervene.
''I would hope that Judge Zoll would see the reasons why we want expedited arbitration," Menino said.
Rick Klein can be reached at rklein@globe.com. 
© Copyright 2004 Globe Newspaper Company.
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