Law Enforcement Organization and Administration Chapter 15

Collective Bargaining and Police Management Police Unions have a major influence on daily operations through use of job actions, negotiating contracts to include items that belong to management, and the use of the grievance process that ultimately is heard on the state level.

Collective Bargaining is a process by which labor and management bargain for wages, benefits and conditions of employment

History of Police Unionism Started with local social clubs that eventually formed into labor groups to improve wages and conditions of employment Boston Police Strike of 1919 resulted in the wholesale firing of the department Unionism remained dormant until the 1960s - reflected activism that was going on and the need for improved working conditions and employee rights

Major Concepts of Union Agency shop for collection of duties Employees allowed to file grievances for violence of collective bargaining contract Grievance process follows a stepwise progression that begins with informal resolution to a formal hearing For major disputes regarding negotiations and grievances, fact-finding and arbitration may be used.

Litigation and state and federal courts may also be used in major disputes Many states, particularly in the South, forbid the formation of unions but allow employees to meeting and confer with management. Most police unions are local groups because wages and benefits are tied to local economic factors

National Union Groups International Union of Police Associations – Affiliated with the AFL- CIO; represents about 80,000 officers in 480 departments

International Brotherhood of Police Officers – Has a strong presence in New England

American Federation of State, County and Municipal Employees – The largest public employees union organization has relatively few police. Some federal agencies are represented by AFSCME

Communications workers of America – Although founded for telephone workers, this group has been actively organizing in Texas, Florida, and Arizona

Fraternal Order of Police – Often organized for social purposes but some chapters conduct collective bargaining; strong presence in Washington for lobbying efforts

Black Officer Associations – Are organized for both social and conditions of employment purposes in jurisdictions that have a large percentage of African American Officers

Management Rights and Collective Bargaining A Dilemma – most contracts have a management rights clause that states, to the effect, that subjects not presented in the contract are retained by the government unit This is often affected by untrained collective bargaining negotiators, through staxxxchcekcon this

Collective Bargaining Process Starts with planning by both sides regarding wages, contracts from other area departments, and a review of local economic conditions, recent arbitration awards in the area and state Bargaining teams are formed; local municipalities may hire experienced negotiators; unions may bring in outside negotiators

The negotiators for both sides present demands and negotiations begin Chief of Police should not be present at the bargaining table

Contract Administration This is the day to day impact that the contract has on the department. Issues that come up may be items for bargaining in future negotiations

Contract Issues Seniority based on the time the officer has on the job can determine the assignment, shift, days offs, etc Improper labor practice occurs when an employer interferes with union organization by employees or does not negotiate in good faith

Discipline procedures are found in the contract and outline the steps that are taken to discipline an employee. Discipline occurs when an employee is sanctioned by a written counseling letter or is subject to fine or termination from employment The Police Strike – Seldom occurs but departments have to have a contingency plan. What often occurs is job actions if there is a major dispute

Police Unions and the Political Process Unions are very active in supporting candidates and giving political contributions to those who support police legislation/issues Groups often conduct fund raising, which may be a problem if contract fundraisers appear to be “shaking down” local businesses and residents

Fair Labor Standards Act (FLSA) was made applicable to police employees; must be paid for over 43 hours of work per week or 171 hours in a 28 day work period. Police managers are exempt from this act