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Q&A

From Louisiana:Question: During an IA investigation, an employee asked for a meeting with his union representative. At this meeting, the employee admitted fault to the policy he is being written up for but wants to know what to do next. The question is, are we obligated to report this to IA and if IA finds out he admitted it to me as the union representative, am I held to…

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‘No-Contact’ Order Ruled Illegal

The 22 police officers in the Oakdale Police Department in California are represented by the Oakdale Police Officer’s Association. The Department’s officers wear body cameras. On March 26, 2018, a lieutenant approached Police Chief Scott Heller to discuss concerns over how certain video files were indexed. After logging into the Department’s system to understand the lieutenant’s concern, Chief Heller noticed an unusual file named “delete.” The file was a…

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‘Witness’ Entitled To Weingarten Representative

Maylee Bardelas is a police officer with the City of Doral, Florida. Bardelas was accused by Sergeant Eric Fernandez of “intentionally driving away from an active shooter scene” and was charged by the Department with “cowardice.” Eventually, the investigation determined that “there was insufficient evidence to substantiate a finding that Bardelas was the officer observed driving away from the incident” and the police chief directed Investigator Glenn Stolzenberg to…

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Weingarten Violation When Employer Ejects Representative From Meeting

Officers with the Pennsylvania Department of Corrections are represented by the Pennsylvania State Corrections Officers Association. In April 2018, Lieutenant Brian Taylor of the Department’s Bureau of Investigations and Intelligence began an investigation into an allegation that an inmate did not receive any food for several days. One of the targets of his investigation was Corrections Officer John Snook. At the start of Taylor’s interview of Snook, Snook requested…

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Employer Cannot Refuse To Negotiate With Union’s Lawyer

Lodge 109 of the Fraternal Order of Transit Police (FOTP) and the Southeastern Pennsylvania Transit Authority (SEPTA) were parties to a collective bargaining agreement which was effective from April 29, 2012 through March 31, 2016. On March 2, 2017, the parties entered into a Memorandum of Agreement, extending the terms of the agreement through March 31, 2018. On November 18, 2016, SEPTA issued a written order pertaining to the…

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Questioning About Use Of Force Incident Triggers Right To Representation

The New York State Correctional Officers and Police Benevolent Association represents corrections officers in the New York State prison system. One of the Association’s members is Corrections Officer Ian Wolfe, who is assigned to the Elmira Correctional Facility. Wolfe was informed, several days in advance, that he was to be questioned by Gary Simpson, Special Assistant to the Department’s Commissioner, on November 9, 2012. Wolfe was not told the…

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