City of Bridgeport and NAGE, Local RI-200
A municipality may hire a private security company, without violating a collective bargaining contract, if the private security company is contacted in response to an emergency, and it works in the late afternoon, after regular work hours. In 2010, vandals allegedly set City of Bridgeport trucks on fire. The city hired a private company, Union Prevention Security Services, to patrol the transfer station between 3:30 and 4 p.m., because municipal workers who patrolled the transfer station as park officers were not available to work after 3:30 p.m. The union filed a grievance and argued that the city violated the collective bargaining contract when it hired a private security company to work after hours at the transfer station (which usually operated between 7:30 a.m. and 3:30 p.m.). The city objected that Article 3 of the collective bargaining contract permitted the city to contract "for supplementary or emergency service which employees in the bargaining union are unable to perform during their regular hours," and that the private security company patrolled the transfer station after regular work hours. Arbitrators found, by a preponderance of the evidence, that the municipality did not violate the collective bargaining contract, when it hired a private security company to work at the transfer station. The private security company clearly worked after regular work hours. Extra security was required after regular work hours, because of vandalism. "The acts of vandalism at the Transfer Station," wrote arbitrators, were "within the `emergency' provision of Article 3 of the CBA and permitted the engagement of a private company." Arbitrators denied the grievance. Elizabeth Ditman represented the union, and Joshua Wyatt represented the city.