Malden City Council greenlights unionization for public safety department

The Malden Dept. of Public Safety is unionizing.

Police officers and firefighters showed up in force at Monday's meeting of the Malden City Council, seeking that recognition by ordinance.

Ordinance No. 3298 authorizes "the mayor of Malden, Missouri, to execute a voluntary recognition agreement recognizing the International Brotherhood of Electrical Workers (IBEW), Local Union No. 72, as the exclusive bargaining agent for its members who are employees of the City of Malden Department of Public Safety."

An exhibit attached to the ordinance stated the city council "authorized and approved" the agreement and "the parties agree that an appropriate unit for collective bargaining is all full-time employees of the Department of Public Safety, including but not limited to all employees whose job duties include one or more of the following" roles: law enforcement, firefighting, code enforcement and/or communications."

The bargaining unit does not include "any elected official, any appointed supervisory official designated by law or ordinance to serve at the will and pleasure of the city council, any elected or appointed Director of Public Safety (or Chief) or any part-time, reserve, or volunteer personnel except those which otherwise hold qualifying employment."

One council member asked if the decision could be paused.

"They have met with the union rep," Malden Mayor Denton Kooyman said. "They decided that's the way they want to deal.

"We can recognize it voluntarily now," Kooyman added. "Or we could not, and they could still do it and go down the road. I think it's best, on behalf of the city, to recognize it because no matter what, it can happen. It's not going to hurt us any."

Kooyman said he would set up a committee to begin negotiations.

"My understanding is, I don't think the chief can be a part of it, right?" Kooyman asked.

"That is my understanding," City Attorney Jonce Chidister replied. "As a matter of law, the chief/director of DPS under whatever term or title is neither an elected position by default nor, as this council has determined, an appointed position answerable to the council and subject to reappointment.

"Therefore, I do not believe that that position would be eligible for collective bargaining," he added. "However, in full disclosure, I have advised if there is anything to the contrary, I'd sure be happy to look at it and listen. And if the chief's position does apply, then certainly the ordinance could be amended to include that position."

After the document's first reading, Malden Mayor Denton Kooyman asked for comments, concerns, or discussions, and none being heard, asked Malden City Clerk Mandy Lewis to poll the council.

All council members present voted yes, with Ward III Councilor Drew Joyce being absent.

"How is an electric union able to take care of a police union?" Kooyman asked.

Chidister replied that the union in question is authorized by law to accept law enforcement and DPS members into its ranks.

"Presuming, as I fully believe that a proposed bargaining unit has selected that particular union to represent its interests, then I believe that's all the information we might need," the city attorney said.

"Can other departments end up doing this, too?" Kooyman asked. "Or is this only for police ...?

"I see it going further," he added. "I'm just asking for personal reasons and, for the council's knowledge."

Answers to that question were placed on hold for further investigation, the mayor asked Lewis to poll the council a second time, and every councilor in attendance voted yes regarding the ordinance.

"I am going to set a committee and start meeting with them," Kooyman announced.

The mayor said he'd spoken with Ward IV Councilor Casen Coleman about such and included Ward I Councilor Lynette Jenkins, Human Resources Officer Clark Duckett, City Administrator Ivone Smith, and Lewis as probable committee members, along with Malden Dept. of Public Safety Exec. Direc. Jeff Mitchell as an advisor.

Kooyman thanked public safety officers in attendance for their service.

Calls placed to the IBEW office at Jonesboro were not returned as of 10:15 a.m. Tuesday.