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PORTLAND OBSERMER
Binding Arbitration
Should it be Eliminated?
by Jerry Garner
The concept of "binding arbitra
tion" used by the City of Portland
and the Portland Police Association
to settle disputes between the two
sides could become a hot issue in
the future.
Binding arbitration is an idea that
was created in 1973 by the Oregon
State Legislature in an attempt to
prevent the police from walking out
on strike Binding arbitration says
that if the Police Union and city
officials cannot agree on an issue,
whether they are grievances, disci
plinary matters, wage negotiations,
or etc., then the issue goes before
an arbitrator. Over the years, bind
ing arbitration has greatly reduced
the capability of police chiefs and
the mayor to manage the Bureau.
In fact, many will say that Police
Association Stan Peters runs the
Portland Police Bureau.
Here is how binding arbitration
works. If the Police Union and city
officials (whether it is the Chief of
Police or the Mayor! cannot agree
on the settlement of an issue, then
it must go before an arbitrator. The
Police Union and the City agree on
one arbitrator from a list of federal
arbitrators. That person then hears
all evidence from both parties and
makes a decision. His decision is
final and cannot be appealed
Critics of binding arbitration say it
makes it impossible for police admi
nistrators to manage and discipline
police officers. "The city should re
negotiate the type of binding arbi
tration with the Union when the
contract expires in 1987 "
Harrington said it is very difficult
for one person to hear every issue
and make a decision. She went on
to say that if binding arbitration is
going to be used, there should be a
panel of arbitrators "For instance,
in discipline cases, you could have a
panel consisting of an expert in per
sonnel, a labor law expert, and a
community member I think the de
sires of the community get lost in all
of this."
Harrington said in the past, arbi
trators have made some bad deci
sions. "Take the T-shirt incident for
example. The arbitrator examined
everything I did and decided the
procedure I followed was correct
except for the discipline. The arbi
trator felt my recommendation to
the Mayor that the two officers be
terminated was too severe Yet the
arbitrator turns around and gives
the same officer a 120 day suspen
sion. That is a severe penalty, he
should have upheld the firings,"
It was during Harrington's tenure
as Chief that the concept of binding
arbitration became a topic of discus
sion in the public forum. In May of
1985. Harrington recommended to
Mayor Bud Clark, that he fire two
policemen who sold the Don't
Choke 'Em. Smoke 'Em T shirts on
the day of the funeral of Lloyd D.
Stevenson Stevenson, an African-
American who was married and the
father of 5 small children, died on
April 21, 1985, after officers applied
the carotid artery hold on him.
The Police Union appealed the
dismissal of the officers. Later an
arbitrator ruled the firing of the two
officers was excessive and reinsta
ted them The arbitrator's decision
was assailed throughout the City
Commissioner Mike Lindberg made
the following statement regarding
the arbitrator's reinstatement of the
two officers. "It is a devastating
blow to the Police Chief and our
ability to manage the police depart
ment. It is almost an unsupervisable
(police) force at this point in time "
Herb Cawthorne, Chief Executive of
Portland Urban League, called the
decision "an unfortunate decision."
Binding arbitration has angered
many
in
Portland's
African-
American community
In recent
years, they have watched binding
arbitration allow officers whom they
perceived as committing racist and
criminal acts and who were fired, to
be reinstated by an arbitrator. This
occurred in both the T shirt and
oppossum incident of 1981
Several African American citizens
told the Observer that binding arbi
tration should be changed when the
City contract with the Police Asso
ciation expires in 1987
Jean Vessup, a member of the
Police Internal Audit Committee
IPIAC), said changes are needed in
the method in which binding arbitra
tion is presently applied. "I don't
have any problem with the concept
of binding arbitration.
However,
the way in which it has been used
by the City of Portland in conjunc
tion with the Portland Police Asso
ciation has resulted in erroneous
decisions."
Vessup said in the future when
binding arbitration appears to be
necessary, the issue should be eval
uated carefully and some thought
should be given to looking for arbi
trators from outside the State of
Oregon. "The arbitrator should be
chosen from neighboring states
August 13, 1986
Officer Involved In
Stevenson Death
Dismissed from
Bureau
by Jerry Garner
Jean Vessup
Photo by Richard J Brown
which will prevent bias or associa
include the fee the City had to pay
tions with any other parties invol
ved In addition, I will suggest that
more than one arbitrator be used in
making appropriate decisions."
Robert Phillips, Chairman of the
Greater Northeast Police Advisory
Council blames past city officials for
the lack of police managers control
of the rank and file
"Over the
years, city officials have negotiated
management rights in contract dis
putes with the police union." Phil
the arbitrator, which was almost
$4,000
Furthermore, shortly after the of
lips said this trend started during the
administration of Terry Schrunk and
has continued.
Another reason that binding arbi
tration has caused so much atten
tion is the cost associated with it.
For example, the City of Portland
had to pay a Seattle law firm
$33,761 in legal fees and expenses
for its work in an attempt to uphold
the firings of the officers involved in
the T shirt caper. This figure didn't
ficers were reinstated by the arbitra
tor, each filed a $100,000 damage I
claim against the City One of the I
officers. Richard A Montee, has [
since been granted full medical dis
ability
Montee now will receive I
$2,700 a month for four years and
then 60 percent of that amount for |
life
Any attempt to eliminate binding
arbitration by City officials will meet
resistance from the Police Union
Portland Police Association Presi
dent Stan Peters once said this in 1
response to critics of binding arbi
tration: "The contract only gives
the officers the right to a fair hearing
before an impartial third party. It
protects against political decisions. '
and we will not change it in the
slightest."
Em anuel O ffers In fa n t
CPR Classes
Classes in infant and toddler car
diopulmonary resuscitation (CPR)
will be offered this fall by Emanuel
Hospital ft Health Center's Apnea
and SIDS Program.
The classes are designed for any
one who spends time with young
children, especially babysitters, day
care providers and parents, says
Mary Kaye Brady, Program Mana
ger for the Apnea and SIDS Pro
gram.
The three hour class will offer in
depth instruction in CPR using in
fant and toddler mannequins and
Ricky Harrison joins protesters in front of the
Pioneer Square Courthouse to show support for
Senate Bill 6 2670, the Anti Apartheid Action Act
of 1986 The bill calls for comprehensive sanctions
against South Africa, banning new end existing
Volume XVI, Number 40
U.S. Investments; bars all trade except of certain
strategic minerals, prohibits U S banks from lend
ing to South Africa and withdraws U.S landing
rights for South African aircraft.
Photo by Richard J. Brown
will cover some emergency child
care concerns, such as who to con
tact when there is an emergency
and how to call 9-1-1.
The $18 class will be offered at
7 p.m on Sept 29, Oct 14, Oct. 27
and Nov. 11. To register and for
more information call 280 4284
Bruce M. Pantley, 35, one of the three police officers invol
ved in the death of Lloyd Stevenson last April 22, 1985, was
fired by Portland Mayor J.E. "B u d " Clark Acting Portland
Police Chief Robert M Tobin recommended that Clark term i
nate Pantley from the Bureau for his plea of no contest June 30
to two misdemeanor charges of false swearing under oath
during two court trials The plea of no contest in a criminal
case means that the person does not "directly adm it" guilt,
but submits to sentencing or other punishment.
Pantley was accused of
lying while under oath during
criminal trials in 1984, claim
ing that he held a Master's
degree from Princeton.
A
check of Princton's records by
a local attorney representing a
defendant revealed that Pant
ley was never registered in the
graduate program at the Ivy
League school.
Recently,
Portland
City
Council authorized a $20,OCX)
settlement to Roosevelt Craw
________ _____
ford, 24, a defendant in one of the cases in which Pantley lied
about his education credentials. Crawford alledged that on
October 2, 1983, Pantley and Officer Gary L. Barbour (Barbour
was the officer who applied the fatal sleeper hold on Steven
son) "brutally beat him and used the carotid hold on him,
after stopping him while riding a moped bike." Crawford sued
the City for $6CX),000, charging that Pantley and Barbour "used
deadly physical force when it was not justified."
Pantley's dismissal from the Bureau is another strange twist
concerning the tragic death of Stevenson. Although a public
inquest jury ruled that Stevenson's death was the result of
criminally negligent homocide, a "secret" Multnomah County
Grand Jury refused to secure indictments against the officers
involved in the death of Stevenson.
As soon as the grand jury unanimously decided not to indict
any of the police involved in the incident, African American
leaders in Portland voiced their disappointment.
Herb
Cawthorne, Director of the Portland Urban League, criticized
Multnomah County District Attorney Michael D Schrunk.
"The only thing we can assume is that Mr. Schrunk did not
want to prosecute Portland police officers. It is too difficult for
him politically " Cawthorne called the grand jury's decision
not to indict in tfie Stevenson case a "miscarriage of justice."
Cawthorne couldn't be reached for comment on Pantley's
firing.
Portland Man Wins
Presidential Award
Prosident Reagan has awarded
Vorn Ryles Jr., a Portland business
man and civic activist, a Presiden
tial Certificate of Honor in recogni
tion of Mr Ryles' demonstrated
committment to increasing employ
ment opportunities for Portland's
unemployed youth.
Mr. Ryles, Prosident of Poppers
Supply Co , describes Portland's
high youth unemployment rate, par
ticularly among minority youth, as a
social problem with serious conse
quences for the business commu
nity. He explains, "As we move
rapidly toward a service oriented
economy and the overall number of
youth
entering
the
workforce
shrinks, disadvantaged youth will
constitute the only available, untap
ped labor pool."
In 1985, Mr Ryles, chairmen of
Portland’s Private Industry Council,
joined with a group of key business
and community leaders to establish
Portland’s first consolidated Sum
mer Youth Employment Program
Portland's Summer Youth Employ
ment Program, designed and oper
ated by the Private Industry Coun
cil, now represents a model effort
of national significance and local
accomplishment.
Each summer more than 2,000
Portland youth are provided train
ing, employment or work oriented
educational opportunities utilizing
monies from the Portland Public
Schools, City of Portland, the Pri
vate Industry Council, private foun
dations and dozens of private em
ployers
For more information contact
John Rakowitz, the Public Affairs
Coordinator at 241 4600 or Vern
Ryles directly at 234 0576