Minimum Staffing For Police Not Negotiable In Illinois

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…

Major Fire Department Staffing Decision From Washington’s Labor Commission

The usual rule of thumb is that firefighter staffing per apparatus – e.g., the number of firefighters per engine – is a mandatory subject for collective bargaining. However, most labor boards conclude that the number of firefighters per shift, or per service population, are not mandatorily negotiable issues. Washington’s Public Employment Relations Commission (PERC) recently…

Firefighter Staffing, Budget Distress, and a $100k Contempt Finding

The collective bargaining agreement (CBA) between the International Association of Fire Fighters (IAFF) and the City of East Cleveland has always required a set number of firefighter staffing assignments. In 2006, the agreement required the City to staff 14 firefighters per shift, with the full-time, IAFF firefighters subject to recall on overtime to maintain the…

Sheriff Seeking More Deputy Positions Loses Lawsuit Against County

In his 2015 requested budget, Sheriff David Clarke of Milwaukee County, Wisconsin asked the County for funding for an additional 119 deputy sheriff positions and an additional 58 correction officer positions. The County’s 2015 budget only authorized an additional 17 deputy sheriff positions. In response, the Milwaukee Deputy Sheriffs Association and Clarke jointly filed a…

Time To File Unfair Labor Practice Is Triggered By Implementation Of Change In Working Conditions, Not Notice Of Change

Most state collective bargaining laws have a relatively quick statute of limitations on the filing of an unfair labor practice. A recent Oregon case dealt with the question of whether the statute of limitations is triggered by an employer's notice that it intends to make a change in working conditions, or rather by the implementation…

Grievance Procedure Must Be Exhausted Prior To Bringing Lawsuit

A memorandum of agreement between the Buffalo Police Benevolent Association and the City of Buffalo, New York provides that “in the event the minimum for a rank position falls below the stated minimum, the vacancy shall be filled within 45 days of the created vacancy.” When the Association attempted to enforce the staffing agreement through…

Change In Training Schedule Cannot Adversely Impact Leave

When the City of Lancaster, Pennsylvania Police Department changed the times for its annual in-service training in 2007, the change was challenged in arbitration by the Lancaster Police Officers Association. An arbitrator upheld a portion of the Association’s grievance. The Arbitrator began by generally acceding to the City’s argument that the Police Chief had the…