Part III People in the Police Organization

Part IIIPeople in the Police Organization Chapter 11Labor Relations

Learning Objectives • Relate the labor movement to police administration. • Discuss the impact of strikes on American police. • Understand the unionization process and how unions are formed. • Distinguish unions from other organizations such as fraternal orders. • Elaborate on the issues in the police organization that cause employee discontent and lead to unionization. • Understand the phases of the negotiation process.

Labor Relations • The manner in which peaceful solutions can be found to the mutual problems of employers and employees • Effective police labor relations • Require the establishment of harmonious relationships • Allow employees and employers to work together for the common good of the organization

The Police Labor Movement:A Historical Perspective A labor union represents dues-paying workers for the purpose of negotiating issues with employers. In 1869, a group of tailors met and formed the Knights of Labor, the first union. In 1886, Samuel Gompers helped found and became the first president of the American Federation of Labor (AFL). Today, many workers feel they don’t need unions to protect them.

The Early Police Union Movement Police employee groups started forming as early as the Civil War. Early groups were fraternal organizations. The goal was primarily to ensure employee assistance (death benefits and welfare insurance) to their members. Police actively unionized after the passage of civil service reform.

The Boston Police Strike • The Boston police strike was significant because: • It involved more than 1,100 police officers. • Several lives were lost as a result of rioting. • Immense property damage was suffered. • The strike was caused by the police commissioner’s failure to recognize the union. • Although the strike was condemned by politicians, it resulted in significant gains for Boston police.

Police Employee Organizationsand Unionization • Fraternal Organizations • The Fraternal Order of Police • Police Benevolent Association • Police Unions • International Union of Police Associations • International Brotherhood of Police Officers • Limited by legal constraints on collective bargaining • The action of bargaining on behalf of a group of employees

Common Objectives ofPolice Unionization Recognition of the organization Better economic benefits Better job conditions A voice in management policies In some cases, professionalization of the police

Management’s View of Unionization • Managers see unions as: • Attempting to gain control of administrative policymaking • Attempting to procure financial gains • Often an unproductive, adversarial relationship develops between management and the union.

The Police Union:A Developmental Process • The initial phase • The union is recognized as a collective bargaining unit by the employer. • The consolidation phase • The union gains acceptance by management. • The institutionalized phase • The union becomes an integral part of the organizational structure.

Professionalism and the Union Professionalism incorporates a universal commitment toward protecting and serving the public. Police unions are interested in improving the situation of their members and in raising the quality of police service. The union allows more information to become “public,” forcing management to rely more on planning and program implementation and less on arbitrariness.

The Collective Bargaining Process Public sector collective bargaining came into being in the 1960s. In this process, employer and employees—represented by a recognized union—negotiate a formal written agreement over wages, hours, and conditions of employment.

Authority of the Unit toBargain Collectively Initial contact Signing of authorization cards Hearing Campaign Election

Contract Negotiation Each side presents its demands. After deliberation, there is a reduction in demands. Subcommittee studies are completed. Subcommittee attempts to work out an agreement. An informal settlement is reached. If the two sides cannot reach an agreement, there is an impasse. If there is agreement, a contract is drafted and signed by the parties.

Impasse and Impasse Resolution • An impasse indicates that contract negotiation has broken down. • Impasse Resolution Procedures: • Mediation • Keeps parties at the bargaining table; avoids lengthy stalemates • Fact-finding • Written record of the facts and events and a written recommendation for settlement are produced • Arbitration • Voluntary arbitration: both parties must agree to the arbitration process, and once this occurs, the decision of the arbitrator is binding • Compulsory arbitration: both parties are forced into arbitration by law and the arbitrator’s decision is final and binding on the parties

Content of Collective Bargaining Agreements Management rights or prerogatives Clauses that define grievances Provisions relative to discipline Language about staffing changes and layoffs Provisions relating to the use of sick time Training and education

Contract Administration The chief administrator has the responsibility for ensuring that subordinates abide by the contract. The negotiating team members can be used to distribute the document and explain it to other managers. Supervisors apply the contract to employees.

Grievances • Grievance: allegation by employees or employers of a violation of rights to which the party has been entitled by a collective bargaining agreement, federal or state law, past practice, or company rules • The grievance procedure: • Discuss the issue with the immediate supervisor. • If the grievance is not settled at the supervisor level, the officer then writes a memorandum outlining the grievance to his or her commander. • If the grievance is not satisfactorily resolved at the commander level, it is forwarded to the chief of police. • If the chief is unable to reach an agreement with the officer, the grievance is forwarded to the city manager’s office. • If the grievance remains unresolved at the city manager level, it is usually subject to arbitration.

Basic Sources of Grievances Supervisory antagonism of employees, including such behavior as sarcasm, open criticism in front of other employees, discrimination, and needling Failure to consistently and equitably enforce contract terms, including allocation of overtime, seniority, leave time, hours of work, time for union business, and outside employment Failure to properly comply with contract terms, which may relate to pensions, longevity payments, overtime payments, and educational incentive pay Failure to counsel employees and to maintain a two-way flow of communication Poor working conditions, including such factors as favoritism, equipment, and departmental facilities

Job Actions and Strikes • Police Strikes • Are infrequent today • Can be damaging to the public • Police Job Actions • Work slowdowns, work speedups, and the blue flu • Place financial pressure on the government to come to contract terms

Part III People in the Police Organization