PA Police Association files temporary restraining order against city

Published 6:53 pm Monday, October 26, 2015

A typographical error in an evergreen clause of the Port Arthur Police Association’s contract has led the association to filing a temporary restraining order against the city of Port Arthur.

The evergreen clause is in place for a one-year period meaning the same conditions and terms are in place as with a regular contract while both parties continue collective bargaining.

The issue between the two entities is what the Association said is a typographical error in the Oct. 1, 2014 to Sept. 30, 2015 agreement.

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The dispute has led to some problems regarding pay. On Oct. 1 employees with the city of Port Arthur were given a 3 percent cost of living adjustment. All employees received the 3 percent raise with the exception of the police officers, according to the Association’s application for the TRO that was filed with the district clerk’s office.

“The Association believes it is the position of the City of Port Arthur that the parties are not in an evergreen period and that effective 10/1/15, there is no collective bargaining agreement in place between the parties. The dispute between the parties is down to whether a typographical error was made in the evergreen clause in the 10/1/14 to 9/30/15 agreement,” according to a statement by the Port Arthur Police Association.

The statement further says that the acting president along with the acting city manager of Port Arthur at that time and the chief negotiator for the city of Port Arthur during the contract talks all agree there was a typo with regards to the date.

A TRO hearing took place on Oct. 22 in the 136th Judicial Court with Judge Milton Shuffield presiding. The TRO requires the parties to maintain the status quo as if the evergreen clause is in effect along with other terms and conditions of the collective bargaining agreement.

“The Association is hopeful to reach a resolution of this matter in the near future and finalize a new collective bargaining agreement,” according to the Association’s statement.

Val Tizeno, attorney for the city of Port Arthur, could not comment on the issue, as it is a legal matter in litigation but said she expects there to be a special meeting with council to update them on the TRO.


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