Editorial

Correct Union Right-to-Work Analogy: Like Firing Vegetarians for Not Buying Meat

Union activists are concerned about an upcoming U.S. Supreme Court ruling on state laws that compel public employees to pay union dues or fees as a condition of employment (Friedrichs vs. California Teachers Association). One of them is using a variation on the riff that workers in a unionized workplace who do not want to pay the union are “freeloaders":

“Let's say you went to dinner with a group of friends. You have $20 in your pocket, but when the check comes you say you are not going to pay for your meal because you didn't like the side dish that came with your meal. Do you have the right to make your friends pick up your tab?”

This appeared in an “open letter to teachers” posted by union activist John T. McCrann in the Education Week website last week.

ForTheRecord says: McCrann’s analogy misrepresents the reality of compulsory union dues. A correct version would go like this:

“Let’s say you are a vegetarian but your boss requires that you pay for meals provided in a workplace cafeteria that only serves meat. When you object, the cafeteria manager calls you a ‘freeloader,’ and if you refuse to pay, state law requires your boss to fire you.”

Among other things, the original analogy fails to recognize that unions often use employees' dues and fees payments to promote interests and positions that a worker may strongly oppose. (Example: Conservative teachers may object to the National Education Association giving 97 percent of its campaign contributions to Democrats or liberals.)

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

Whistleblowers Allege Police Pension Spiking Scheme

Ann Arbor officers may add millions to taxpayer burdens

According to two retired city of Ann Arbor employees, some police officers nearing retirement engaged in a pension spiking scheme that involves writing more traffic tickets than usual. The scheme could add hundreds of thousands of dollars in lifetime pension benefits for these individuals, and millions in additional taxpayer burdens.

Writing more traffic tickets generates extra overtime pay because officers are required to spend time in court when tickets are challenged by drivers. Pay boosted by extra overtime in an officer’s final three years increases, or spikes, the annual pension payouts by artificially boosting the final compensation figure used in pension formulas.

According to the former employees, as patrol officers near retirement they try to get on the midnight shift, if they were not already working that late shift. They then write more tickets than they customarily would, knowing that many drivers will fight the charges by taking them to court.

Historically, court appearances by officers are a big trigger of overtime.

One officer collected an average of $22,688 in overtime his last three years with the department. Another who retired in 2015 averaged $22,097 during his last three years on the job. Both worked the midnight shift.

For an officer who had been employed for 25 years, $22,000 in annual overtime in the final years would add $15,125 a year to the individual’s annual pension benefit payments. Many employees of the Ann Arbor police department have retired in their late 40s or early 50s, meaning inflated pensions could be paid for decades.

To place these figures in context, the average annual overtime of all 72 employees who retired from the Ann Arbor police department from 2009 to 2015 was $7,743, according to the city’s response to a Freedom of Information Act request. These 72 employees included detectives, a former police chief and others who were not patrol officers.

The process highlights a problem with government pension systems that use “final average compensation” as a factor in calculating pension payouts, instead of the final base pay of an employee. Years of service and the highest average salary in the final years on the job are the primary factors that determine an individual’s monthly pension payouts.

“Pension rules are supposed to provide stable and plannable incomes to workers that retire,” said James Hohman, the assistant director of fiscal policy at the Mackinac Center for Public Policy. “Unfortunately, rules about final compensation have been gamed in order to spike the value of a pension. It’s no surprise that people want to get more income in retirement, but pension rules should not encourage bad behavior.”

Determining whether any particular officers were writing tickets to spike their future pensions is very difficult. Overtime is a routine part of compensation for police officers. In Ann Arbor, they can make thousands in overtime working football Saturdays.

Ann Arbor Mayor Chris Taylor didn’t specifically address the pension spiking allegation, but did comment in an email on overtime in the police department.

“Overtime procedures are outlined in the collective bargaining agreements,” Taylor said. “These procedures determine how overtime is equalized and offered. If voluntary overtime is available, it is open to all eligible employees, regardless of service time. In a City the size of Ann Arbor, there is often additional police coverage required for special events, such as UM football games, special events (Art Fair, festivals, etc.) and other events requiring higher levels of security.”

Michigan Capitol Confidential received the overtime paid to officers that retired since 2009 in a Freedom of Information Act request.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.