MANSFIELD — Details of the new labor agreement between the City of Mansfield and AFSCME Local 3088 are not yet public.
But the “me too” clause found in the last contract will not be a part of it, based on a fact-finder’s recommendation the two sides have also approved.
City Council voted unanimously on Tuesday night to approve the new labor agreement. The union approved it on Monday.
AFSCME Local 3088 President Buck VanDyke said 78 percent of the 119 members who participated in the vote approved it — 93 in favor and 26 against.
The union represents about 150 city employees across a variety of jobs.
Instead of the “me too” clause, it appears the new agreement will have a provision that allows the union to request a “wage reopener” if another bargaining unit gets a higher wage increase than the one negotiated with AFSCME.
The “me too” clause became a point of contention between the two sides during the lifetime of the previous three-year deal, which expired in April 2024.
During that deal, the union claimed in 2022 the city needed to increase wages paid to AFSCME workers after it negotiated higher-percentage pay increases for members of the fire and police unions, based on the contract.
The “me too” clause was mentioned twice in the previous contract with AFSCME with differing language. Under Article 36 of the agreement, which deals with wages, it stated:
“In the event that any other bargaining units with the City of Mansfield receives greater wage benefits, AFSCME Local 3088 will receive the same wage benefits effective on the same date as the other bargaining unit(s).”
In that same contract, however, there was a section titled “side letter reopener,” which stated:
“In the event that another City bargaining unit receives a greater general wage increase (anything added to the base) for the concurrent period of their agreement than is provided for in this agreement, the Union may request to reopen this agreement. Such reopening will be limited to the wage article only, with all other provisions of this Agreement remaining in full force and effect.”
Ultimately, in that dispute, the city agreed to pay “lump sum” bonuses to AFSCME workers, similar to those paid to police and firefighters, largely using American Rescue Plan Act funds.
But an arbitrator in that instance also ruled that AFSCME members were not entitled to an additional percentage pay increase to match those increases provided to police and fire union members.
In the current case, fact-finder and mediator Michael Duco, representing the State Employment Relations Board, recommended the following change in the contract language, removing the “me too” clause:
In his 15-page report made public Wednesday, Duco noted the city and the union “after a very contentious bargaining for this agreement” were able to compromise and achieve tentative agreements on everything in the new contract except the “me too” clause.
He pointed out the “me too” clause was included in only the previous contract between the city and AFSCME and not a part of prior agreements.
Duco recommended the clause be replaced with a “side letter opener” that would allow the union to “request” a re-opening of the agreement for matters only related to wages if another bargaining unit receives a “general wage increase” during the lifespan of the new agreement.
“Each Union has the right to seek agreements tailored to their needs,” Duco wrote in his report. “‘Me too’ provisions are not held in high regard because they contractually try to bind units not involved at the bargaining table.
“However, parties must be pragmatic and consider fairness and equity as a consideration when negotiating. There is a balance when Public Employees have multiple units,” Duco wrote.
He said the one-time inclusion of the “me too” clause led to “disputes which were not resolved to either party’s satisfaction.”
“The wage reopener as agreed to by the parties provides for a more pragmatic approach when comparing ‘Apples and Oranges.'” It provides flexibility and gives the parties more agency on resolving the matter,” Duco wrote.
(Below is a PDF with the fact-finder’s report involving the new contract between the City of Mansfield and AFSCME Local 3088, which represents about 150 workers in the city.)
