St. Thomas-St. John police officers were barred Thursday from continuing a three-day old sick-out which had all but crippled police operations in the district since Monday night.
At times, police officials said, nearly four out of five officers scheduled for duty had called in sick. Territorial Court Judge Audrey Thomas-Francis ordered the officers and police corporals back to work by granting the preliminary and permanent injunctions the government sought against the officers and their union, the Police Benevolent Association.
The four-hour hearing Thursday provided a sounding board for the union to detail their grievances. Their complaints which were repeated time and again included: the lack of adequate supervision, the lack of a department psychologist, psychiatrist and physician; the lack of adequate manpower and equipment, and deplorable working conditions.
Union president Elroy Raymo said the government wants the union to uphold provisions of the collective bargaining agreement that prevent the union from engaging in job actions, but at the same time, he said, the government is violating the agreement. Throughout the hearing, Raymo insisted that there was no formal job action staged by the union, "what you had was a situation where officers are sick—sick and tired of being sick and tired."
Raymo said officers suffer routinely from hypertension, stress, diabetes and other illnesses, "all a result of the way we are treated on the job." With stress levels running high, he said, "it's only a matter of time before these officers lose their mind. They are crying out for help."
Assistant Attorney General Jessica Gallivan said the issue of the case was clear: "The officers are Class III employees and are prevented from striking." She noted that since Monday night, every work shift through Tuesday night had seen a large number of absences. "Even after this court issued a temporary restraining order, the absences continued."
Gallivan, accompanied by Attorney General Iver Stridiron, said the large-scale absences are extraordinary for the VIPD. "They coincide with similar work stoppages launched by the St. Croix PBA and the American Federation of Teachers," she said.
Gallivan said the government is mindful of the problems facing the PBA and its members, "but we cannot allow these officers to neglect their oath." The majority of police who called in sick for duty and who were subpoenaed to appear in court were absent, but a steady stream of officers trickled in as the hearing continued.
Deputy Police Chief Theodore Carty, Territorial Chief Jose Garcia spoke of the overall negative impact that the sick-out has had on police operations. "We had 84 officers scheduled to work and 66 reported sick for duty," Carty said. During the time of the sick out or "blue flu," Carty said police received reports of shootings, assaults with a deadly weapon and a bomb threat.
Raymo was called to the witness stand by the government. It was in that testimony that he went through a myriad of problems that the PBA has with management, including: numerous grievances filed which have not been resolved.
But Gallivan pointed out that while PBA members called in sick, the Law Enforcement Supervisors Union, "which work in the same buildings, under the same conditions, chose not to catch the 'blue-flu'-they were out to work." Gallivan said the supervisors and the few officers and corporals who reported to duty were forced to work in some instances up to three back-to-back shifts to make sure the community was protected.
In closing arguments, Gallivan said the action of the officers on Monday, Tuesday and Wednesday was "particularly reprehensible." She said the striking officers have displayed a callous disregard for their oath of office and for the safety of the community.
As she appealed for the permanent injunction enjoining the officers from striking or staging a "blue flu", Gallivan told the court, "This court should draw a negative inference to the failure of the PBA to produce even a witness to underscore their case."
Thomas-Francis said the hearing highlighted numerous issues between the government and the PBA that should be addressed. "The testimony of Officer Raymo and the testimony of the police officials make it clear to this court that there are a lot of issues that have not been addressed," she said. But the judge said while she sympathizes with the officers, she could not ignore the fact that the work stoppage was "a concerted effort by the PBA to neglect the performance of their duties."
In reaction to the ruling, Raymo said Thursday afternoon the battle will continue but with different tactics. "We will return to the trenches to plan other strategies of attack when it comes to the salaries and benefits for members of the PBA," he said. He accused the government of bargaining in bad faith, since it is unable to honor signed contracts.
Raymo said despite the unresolved differences, the court order to return to work will be obeyed. "Some of the members have already returned to work; we will adhere to the law but we will continue the struggle to fight on for justice for our members," he said.
