Local 143 of the International Association of Firefighters represents firefighters employed by Everett, Massachusetts. Local 143 is the exclusive bargaining agent for all privates, lieutenants, captains, and deputy chiefs, excluding the fire chief, who holds a managerial position. When the fire chief position became vacant in 2018, the City informed Local 143 that it was…
From Illinois:Question: Several years ago the City bargained for random drug testing of police officers. The contract states: “Employees covered by this Agreement shall be subject to random drug testing, so long as all sworn Department members are subject to the same such testing.” This is where the problem begins. The Police Department’s command staff…
The City of Sharonville, Ohio and Local 4498 of the IAFF are parties to a collective bargaining agreement covering members of the Sharonville Fire Department. On December 30, 2020, Local 4498 filed an unfair labor practice charge alleging the City violated Ohio’s collective bargaining law by failing to maintain the status quo. The issue arose…
For many years, FOP Lodge 12 has represented officers working for the Newark, New Jersey Police Department. The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Department. When the City unilaterally implemented a disciplinary matrix, the FOP and the SOA filed unfair labor practice complaints with New Jersey’s Public Employment Relations Commission. PERC…
The Shelton Police Union and the City of Shelton, Connecticut are parties to a collective bargaining agreement. On March 10, 2020, Governor Ned Lamont proclaimed a COVID-19 state of emergency. Six days later, the Governor issued Executive Order No. 7D, which stated, in relevant part, “effective at 8 p.m. any indoor gym, fitness center, or…
While its collective bargaining agreement was in effect, the Multnomah County Corrections Deputy Association demanded to bargain over “mandatory safety issues.” When the County refused to negotiate, the Association filed an unfair labor practice complaint contending a breach of the obligation to bargain in good faith. The County took the position that it had no…
The Washington State Council of County and City Employees represents a number of employees of Spokane County. In 2018, the County’s commissioners passed a resolution that all collective bargaining contract negotiations be conducted publicly and in real time, either in person or by video. When the Council began bargaining with the County for new contracts…
From Washington:Question: Can an employer mandate/require an officer to get the COVID-19 vaccine to continue working? Do you see guilds/unions challenging this and how do you see courts ruling? Answer: There’s not a lot of law on whether a mandatory vaccine requirement would be a negotiable topic. The NLRB has some cases that suggest it…
Some public employers are adopting resolutions requiring collective bargaining to be conducted in public. Unions often push back on these resolutions, believing private collective bargaining to be more effective in the give-and-take process for resolving differences. Washington’s Public Employment Relations Commission (PERC) recently had to address what happens when the parties are unable to agree…
On November 1, 2016, an audit at a county in Washington uncovered an accounting software error had caused Benton County Sheriff’s Office employees, including 85 corrections officers, to be overpaid from June 2016 through September 2016. Benton County Auditor Brenda Chilton sent Sheriff Steven Keane a memo that notified him of the error. The memo…
From New Jersey:Question: As a member of the FOP executive board, my deputy chief told me he is going to change a practice that involves our detectives. Although he did not identify specifics, he wants to rotate our detectives, a practice that we (the FOP) believe he cannot do. We believe our detectives are to…
Prior to 2018, there was no one place where employees could find all the workplace policies and procedures utilized by the Snohomish County Corrections Bureau in Washington. There were two policy manuals dating from different eras, one from 2006-2007 and one from 2009. Each contained some policies and standard operating procedures that remained in effect…
When the Chicago Police Department expanded a pilot body-worn camera (BWC) policy, Lodge 7 of the Fraternal Order of Police, which represents the City’s police officers, filed an unfair labor practice (ULP) complaint with the Illinois Labor Relations Board. The ULP complaint alleged that the City failed to bargain over the expanded policy, and that…
The City of Long Beach, New York and Local 287 of the International Association of Firefighters (IAFF) are parties to a collective bargaining agreement. In November 2014, Local 287 member Jay Gusler reported that he was injured in the line of duty, and began what turned out to be a long-term absence from work. A…
Section 9.6 of the collective bargaining agreement between the Village of Maywood and the Illinois Council of Police provide that “the Village agrees it shall maintain a force of full-time sworn police officers large enough to cover the three daily combined shifts with a minimum of five full-time sworn uniformed police officers. Sergeants shall count…
Teamsters Local 839 represents corrections officers in Benton County, Washington. In November 2016, the Benton County Auditor’s Office discovered that an accounting software error had caused the County to overpay 85 corrections officers in the June through September 2016 pay periods. Whenever hours were entered into the accounting system under the Kelly Time Used pay…
Lodge 7 of the Fraternal Order of Police represents officers working for the Chicago Police Department. The City investigates serious disciplinary charges through what is called a “complaint register” process. Under the process, the City’s Independent Police Review Authority reviews allegations of misconduct made against members of the Department by members of the public. The…
Local 700 of the International Brotherhood of Teamsters represents corrections officers, deputy sheriffs, and fugitive investigators in the Sheriff’s Office of Cook County, Illinois. In 2013, the County issued what became known as the Gang Order. The Gang Order began with the statement that “criminal organizations and street gangs pose a substantial threat to the…
Local 963 of the International Association of Fire Fighters represents the members of the Lockport, New York Fire Department. Other than the Fire Chief, Local 963 represents all firefighters employed by the City. The firefighters are cross-trained in firefighting and emergency medical services, and prior to September 15, 2014, each firefighter was dual-assigned to both…
There is no statewide collective bargaining law for police in Colorado. As such, local jurisdictions bargaining with police unions – if they do so at all – act under local charter or ordinance provisions. Denver’s charter contains one of the longest-standing grants of bargaining rights. The charter is limited, however, as to what topic must…
On May 12, 2016, the Village of Skokie and Local 3033 of the International Association of Fire Fighters reached an impasse in bargaining. One of the key issues was the Village’s proposal to maintain the “entire agreement” clause in the contract as mandatory for collective bargaining. The Village and Local 3033 jointly filed a petition…
When an employer wants to make a change in past practices, there are generally three possibilities with respect to whether it must negotiate with a union: (1) The decision can involve a negotiable topic – typically, wages, hours, or working conditions – and the employer must negotiate about the decision before making it; (2) the…
The New England Police Benevolent Association (PBA) filed a petition with New Hampshire’s Public Employee Labor Relations Board seeking to represent employees of the Strafford County Sheriff’s Office. While the PBA’s petition was pending, the Sheriff made three changes to existing policies. First, the Sheriff changed some employees from 4-10 to 5-8 work schedules. Second,…
It’s not a body camera decision – so far, there are no reported decisions on the negotiability of body cameras – but a recent decision from an administrative law judge (ALJ) of Washington’s Public Employment Relations Commission lays out some bargaining implications of any workplace camera policy. The case involved Snohomish Fire District 3 and…
