Court: Guards entitled to contract arbitration

A Commonwealth Court ruling yesterday may force the Nutter administration to conduct a fifth set of municipal labor talks.

The court upheld a 2008 decision by the Pennsylvania Labor Relations Board that said the city's 1,800 prison guards, and 133 youth detention counselors, were entitled to reach new work contracts through an arbitration process similar to the one used to settle pacts with police and firefighters.

Since 1992, the guards have been negotiating contracts as part of the overall bargaining conducted between the city and AFSCME District Council 33. The guards are represented by Local 159, one of the council's 15 locals. But the court said prison guards, like police and firefighters, should be allowed to engage in arbitration since state law bars them, too, from striking.

It was unclear yesterday whether the city would appeal the decision. City Solicitor Shelley Smith said she could not comment because she was unaware of the court ruling.

Clay Newlin, a lawyer for Local 159, said, "I would hope the city would decide that discretion is the better part of valor, and they will not waste additional funds that they have so little of in fighting this or appealing to the Supreme Court."

Yesterday's ruling could affect contracts currently being hashed out, as well as one-year labor deals reached in 2008.

Last year, Local 159 members declined to accept a $1,000 pay bonus given to other D.C. 33 members so thatthey could continue their legal fight.