layoffs in public safety fire dept. Michigan

Hi. I am a dispatcher for a city 911 center. I will try to make this as short as possible. The whole 911 center, 27 people , just got layoff notices. They claim that they are going to restructure the 911 center..as in laying us off but bring us back under a different class. and different pay rate and make 1/2 of us part time employees with no benefits. We are under a contract right now and our union is filing a grievance . Is this legal can they do this with us still being under a contract. We would gladly accept any help or suggestions. Thanks in advance.

Since the employer is going to be doing substantially the same business with the same employees in the same place I don't think they will be able to get away with the change since you are already under contract.

If the contract was expiring the employer would have to bargain in good faith over the changes they contemplate. Even if they were to impose those changes the employer would have to bargain over the effects of the changes on the bargaining unit employees.

Sounds really fishy to me. I'm guessing that your union will win the arbitration, if it even gets that far.

Eric

If everything is as you say it is here, they may win the battle, BUT THEY WILL NOT WIN THE WAR. This is a no-brainer. If the "business" were closing, they might have a case, but I can't see a 911 office closing. That would be like laying off all police officers, fire fighters, etc.

Could be a power play to raise taxes as well. Municipal government is notorious for threatening a reduction in vital services to increase taxes.
JoeC

In the public employment context courts usually give great deference to government entities to outsource a job or collection of jobs in order to serve the public interest.

I think we will be seeing more and more of this as municipalities comes under increasing pressure from the loss of tax base due to the economic collapse that we are experiencing.

One thing we have to remain cognizant of. Courts consistently find a way to satisfy the interests of "public policy" in developing case law.
I don’t mean to say that I think the municipality in this instance will be able to breach the employment contract that exists in the workplace. I’m just saying that it is not all that much of a slam dunk.

Eric