PAX Centurion - March / April 2014

www.bppa.org PAX CENTURION • March/April 2014 • Page 3 President’s Report: Thomas J. Nee, BPPA President Promotional exam update To the men and women of the BPD and EMS, It was, and is, a great pleasure to raise awareness, on your behalf, of the annual scholarship by securing advertisers to offer their services to you, the members of the BPPA, in 2014 and beyond. It is most important to keep in mind that many of these advertisers are happy to support our cause just because they are appreciative of your efforts, but many, while appreciative, need to drive additional sales as well. Please try to keep this in mind as you shop for groceries, fill prescriptions, buy cars, dine in restaurants or when you might be in need of any services you see advertised within the pages of this, or past and future issues of the Pax. Also, as always, as you go about your daily routines, if you see or hear of a potential candidate for advertising, I can be reached at (617) 989 – 2772 (office) or my cell (617) 529 – 9288. Thank you in advance and thank you for the opportunity to represent you in this endeavor. Sincerely, Mike Joyce Advertisers in this issue of the Pax Centurion : Boston Red Sox Foundation Burke Distributors/Corrib Pub Byrne & Drechsler, LLP, Attorneys at Law City of Boston Credit Union The Embroidery Clinic Erie Pub Law Offices of Donald E. Green Law Offices of Scott Goldberg Harvard Pilgrim Health Care Carole Lund, R.E. M&S Auto Body Neponset Preschool New Varity Corp. Putnam Investments Squires of Hanover T his is an update on the status of the upcom- ing promotional exams. As soon as we heard that the City was planning to alter the examination struc- ture, the BPPA, the Federation and the Detectives each demanded that the City refrain from implementing any changes and bargain the matter. We made the demands in 2010 shortly after the Commissioner announced that the City had allocated 2.2 million dollars to design a new exam. Representatives of the City assured us that there would be no changes in the exam. In fact, last June, during the interest arbitration proceedings between the BPPA and the City of Boston, counsel for the City repre- sented to the arbitrator, on the record that any changes in the examination process were “at least two years away” and that the City would fulfill its bargaining obligations before implementing any changes to the exam. Similar representations were made to the Federation and the Detectives. Despite these assurances, each of us continued to press the City to nego- tiate the matter. In January of this year, the City announced significant changes in the exam structure. The new exam reduces the value of the written exam (an objective measure of competence) and increases subjective factors (the assessment center etc.). These modifications are designed to allow representatives of the City to play favorites by giving them the flexibility to bypass candidates with high exam scores in favor of their preferences with lower scores –all under the guise of the so–called “assessment center.” This flies in the face of the merit based principles civil service was designed to safeguard and removes fundamental fairness from the process. The BPPA, the Federation and the Detectives have all filed unfair labor practice charges challenging these changes because the City uni- laterally implemented them despite our repeated demands to negotiate the matter. All three charges were consolidated. On Monday, March 31, 2014, the Department of Labor Relations held an unfair labor practice investigation on our charges. We urged the DLR to expedite our charges and to issue an order restoring the traditional 80/20 examination struc- ture. The City intends to move forward with the examination notwith- standing our objections and the unfair labor practice charges. We anticipate that the DLR will issue unfair labor practice complaints and hold hearings on the charges. If the charges are not resolved (and it’s my educated, personal opinion that they won’t) before June 28 th , the exam will go forward and the unions will continue to pursue their legal challenges at the DLR. The remedy for the unfair labor practice charges is to restore the “status quo” i.e. the traditional exam structure. The customary remedy for unilateral change violations is to make whole all those harmed as a result of the change. The DLR will not order the City to demote officers who are promoted because to do so would punish officers for the City’s unlawful conduct. We will keep you apprised of the ongoing litigation as soon as information becomes available. In the meantime all candidates for the promotional exam should continue to prepare for the exam as they normally would. In closing, we in the public safety community in Boston have been reminded yet again of the inherent dangers of our chosen profession. Our thoughts, hearts and prayers go out to the family, friends and loved ones of fallen Boston Firefighters; Lt. EdwardWalsh and Firefighter Michael Kennedy, as well as Plymouth Police Officer Greg Maloney. Be safe out there.