Labor Relations Chapter 11 Charles R. Swanson, Leonard Territo, and Robert W. Taylor Police...

Labor RelationsLabor Relations

Chapter 11

Charles R. Swanson, Leonard Territo,and Robert W. Taylor

Police Administration:Police Administration:Structures, Processes, and BehaviorStructures, Processes, and Behavior

(Eighth Edition)(Eighth Edition)

© 2012 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Police Administration (8th Edition)Swanson, Territo, and Taylor

Introduction

• No single force in the past 50 years has had such an impact on the administration of police agencies as collective bargaining



The Unionization of Police

1. The needs of labor organizations

2. The reduction of legal barriers

3. Police frustration with the perceived lack of support for their “war on crime”

4. Personnel practices in police agencies

5. Salaries and benefits

6. Increase in violence directed at police

7. The success of other groups



The Impact of Police Unions on the Community

Discipline and AccountabilityDiscipline and Accountability

Police SubculturePolice Subculture

City or County FinancesCity or County Finances

PoliticsPolitics



Structure of Laws Governing Collective

Bargaining for Law Enforcement• Collective bargaining agreements

– The wages and benefits of law enforcement officers are guaranteed for the duration of the agreement

– Officers have a forum to have their disputes heard

• National Labor Relations Act – State governments (and their subdivisions of cities

and counties) are excluded from the “employer” provisions

• Collective bargaining laws for public sector vary between jurisdictions



Collective Bargaining



Unfair Labor Practices

• A refusal to bargain in good faith over subjects that are mandatory for bargaining

• Interference, restraint, or coercion of employees because employees have exercised their collective bargaining rights

• The “domination” of a labor organization by an employer

• The failure to furnish information relevant to the collective bargaining process

• Inappropriate “interference” by an employer with the internal activities of a labor organization

• Discrimination against employees who have exercised their collective bargaining rights



Subjects for Bargaining

MandatoryMandatory

PermissivePermissive

IllegalIllegal



Establishing the Bargaining Relationship

• The process of establishing a bargaining relationship is straightforward– But is fraught with the opportunity for disputes

• Management may see collective bargaining as a disruptive factor to the running of the department



Negotiations



Negotiations

• First meeting– Friendly conversation

• Initial session– Opening statements– Ground rules reviewed, modified, or developed– Examine contract the union is proposing



Sample Two Column Layout

UnionUnion Management

Management

“Trade-off”

Negotiable

Accepted with minor modification

Rejected

Non-Negotiable Wishes to make proposals and counterproposals

Expendable Accepted



Grievances

• May be limited to matters discussed specifically in the contract, that are primarily contract-related, or that pertain to the job

• Grievance procedure is a formal process that has been pre-negotiated



Arbitration Issues and Decision Making

• Why arbitrate?– Legitimate concern– Union shows symbolic support for member – Administration show symbolic support for manager

• Unions are selective in the cases they take to arbitration– Win 77% of cases they take to arbitration cases

• Critical factor: Speed with which the case is heard



Job Actions

Types of Job Actions

Types of Job Actions



Police Unions: Political Context

• Safety concerns– Washington, D.C. “Killing field”

• Political activism– Lautenberg Amendment (“Brady Bill”)– Budget and staffing

• Methods of communication– TV, billboards, etc.– Political events



Administrative Reaction to Job Actions

• No simple answers• Ignore or take action

Mindset should be to avoid job actions

AnticipatoryStrategies

AnticipatoryStrategies

• Tension in the workplace (even contempt) for management, colleagues who did not strike• Attempts to create goodwill soon after a job action can backfire

• City managers need contingency plans• Must be temperate in public comments• Efficient and prompt neighborhood communications (neighborhood groups, civic clubs)

During theJob ActionDuring theJob Action AftermathAftermath

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Labor Relations Chapter 11 Charles R. Swanson, Leonard Territo, and Robert W. Taylor Police...

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