Chapter 6 from Police Labor-Management Relations (Vol. I): Perspectives and Practical Solutions for Implementing Change, Making Reforms, and Handling

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1 Chapter 6 from Police Labor-Management Relation (Vol. I): Perpective and Practical Solution for Implementing Change, Making Reform, and Handling Crie for Manager and Union Leader comprie public domain material from the Office of Community Oriented Policing Service, US Department of Jutice.

2 Diorganized Labor: The Mutinou Side of Police Union W E Chapter 6 By Ronald G. DeLord, Preident Combined Law Enforcement Aociation of Texa One Big Union for Firefighter DISORGANIZED LABOR: THE MUTINOUS SIDE OF POLICE UNIONS The International Worker of the World (IWW or Wobblie ) wanted to unite all the worker into one worldwide union. That concept ha worked for firefighter for almot a century. In 1918, the American Federation of Labor (AFL) chartered the International Aociation of Fire Fighter (IAFF) a the national union for all paid firefighter. Today, firefighter generally peak with one union voice on fire-related labor iue at the national, tate, and local level becaue the IAFF repreent 85 percent of all paid firefighter in the United State. In tate where there are multiple bargaining unit for firefighter in the ame agency, both the rank-and-file and the uperviory bargaining unit are almot alway chartered IAFF local. It i unheard of for any group of firefighter to be union hopping for another tate or national firefighter union to repreent them. It i alo very rare for any union, affiliated with organized labor or not, other than the IAFF to try to organize any paid fire department. The law enforcement ervice ha been embroiled in conflict among law enforcement labor union and variou ethnic, ocial, fraternal, and gender-baed organization in the department over uch iue a promotion, hiring, and dicipline. Thi may be in part reflective of the fact that law enforcement agencie have become more diverified than the fire ervice. While the firefighter union have had public pat between the union and minority firefighter, thee diviion have had le of an impact on the unity of firefighter union than it ha had on law enforcement union. Diorganized Labor for Police Officer The late 1800 and early 1900 were a time of ocial unret, political trife, and labor violence. After witneing the economic gain made by trade union, firefighter, and other public worker, the AFL tarted getting requet for charter from local police benevolent aociation who were clamoring to join organized labor. The unionization of the police caued a firetorm of protet. Private corporation traditionally had called on elected official to ue the police a trikebreaker, cauing bitter feeling toward police officer by trade union member and their leader. Police executive aw the police ervice a an arm of the government like the military, and the executive did not want police officer forming union and alliance with political, labor, and ocial activit. Politician and police executive aw trade labor union a a threat to the national ecurity and felt that the police force hould independent. 39

3 W E Police Labor-Management Relation (Vol. I) Wage, benefit, and working condition for police officer were dimal and harh even for that period. After Boton firefighter formed a union and threatened a trike, the city increaed wage and improved working condition omewhat for them and for police officer. In 1919, the Boton Police Social Club requeted recognition by the new police commiioner. The police commiioner refued to recognize the union and iued a memo tating, Any member of the police department who i diatified that he cannot perform hi work faithfully, honetly, and cheerfully, pending the deciion regarding the requeted alary increae may reign. The police officer appeal to the AFL for a charter wa accepted. When the union requeted bargaining right, the commiioner terminated 19 union leader. On September 9, 1919, 1,117 of the city 1,544 police officer walked off the job. Widepread looting, hundred of injurie, and even death occurred before the National Guard retored order. All the triking police officer were fired and never rehired. The ditrut and hatred of the police a trikebreaker caued the AFL union to balk at calling a general trike to upport the Boton police force. It wa a defining moment for the AFL and the fledgling police labor movement. The deciion made during thi trike forever changed the police labor movement. Police unionim practically ceaed to exit until the 1960 when police organization tarted becoming more militant. In 1969, 50 year after the Boton police trike, the American Federation of Labor-Congre of Indutrial Organization (AFL-CIO) received a requet to charter a national police union. The AFL-CIO rejected the requet becaue the ame old hard feeling againt the police till lingered. It wa not until 1979 that the AFL-CIO chartered the International Union of Police Aociation (IUPA) a a national police union. The only national police organization to urvive the 1919 Boton police trike wa the Fraternal Order of Police (FOP). FOP wa founded in Pittburgh in 1915 a a ocial, benevolent, and fraternal organization. While FOP ha evolved ince the 1960 into a labor organization, the FOP contitution till prohibit it lodge from being affiliated with organized labor. The Police Labor Movement I a Maze of Different Union Affiliation In the maze of union affiliation that i the police labor movement, one would need a playbook to determine which aociation, lodge, and union are affiliated with which tate or national police union. In addition, many police union have dual affiliation. The Boton Police Patrolmen Aociation and the Lo Angele Police Protective League are affiliated with the AFL-CIO-chartered IUPA and the independent National Aociation of Police Organization (NAPO). The AFL-CIO-chartered International Brotherhood of Police Officer (IBPO) ha alo affiliated with NAPO for federal legilative purpoe. There eem to be ome confuion about what unionization in the law enforcement world mean. Some people believe that the police force i unionized only if the officer have collective bargaining right or the officer belong a national union affiliated with the AFL-CIO. In reality, when the officer form a local aociation, lodge, or union for the purpoe of improving their wage, benefit, and condition of employment, the officer are unionized. Officer do not need collective bargaining or meet-and-confer right to be able to influence the governing body to improve their wage, benefit, or working condition. There i no ubtantive difference between the police union affiliated with the AFL-CIO and the independent lodge and police aociation. 40

4 Diorganized Labor: The Mutinou Side of Police Union W E The police labor movement i divided into two camp: the independent police labor organization and the police labor organization affiliated with organized labor through the AFL-CIO. Approximately 80 to 85 percent of all police labor organization could be claified a independent and have no affiliation with the AFL-CIO. A tated earlier, it i often confuing becaue a local police union may have an AFL-CIO charter and alo be affiliated with an independent labor group. The independent FOP report a memberhip of 310,000 and i unquetionably the nation larget police labor organization. FOP report that it ha a tate lodge in each of the 50 tate. Some tate have a eparate fraternal tate lodge and an FOP Labor Council which handle labor relation for the lodge. Each affiliate in the tate i given a lodge number. The econd larget independent police organization i NAPO, which report 236,000 member. NAPO, a federation of labor union and not a labor union per e, i compoed primarily of independent police union that did not want to be affiliated with FOP. Since NAPO i not a labor union, FOP lodge can join without violating the National FOP Contitution that prohibit affiliation with organized labor, and AFL-CIO police union can join NAPO without violating the prohibition againt dual unionim in their contitution. The remaining 15 to 20 percent of unionized police officer belong to aociation and union affiliated with organized labor through the AFL-CIO. While the AFL-CIO ha a reported memberhip of 13 million member, the bet gue on the number of police officer in AFL-CIO-affiliated union i probably between 100,000 to 150,000. The larget AFL-CIO union with a ubtantial police memberhip i the IUPA, which i the only chartered AFL-CIO police union. IUPA report a memberhip of 100,000 and recently gained the affiliation of formerly independent police union in Lo Angele, Boton, and Cleveland. It would eem that jut about every AFL-CIO national union ha organized ome police local. The American Federation of State, County and Municipal Employee (AFSCME) report having about 10,000 to 15,000 police member. The IBPO report 10,000 member. IBPO i a diviion of the National Aociation of Government Employee (NAGE) which i a ector of the Service Employee International Union (SEIU). SEIU ha police local outide of IBPO. The International Brotherhood of Teamter report having 15,000 police member. Recently, the Communication Worker of America created a ector called the National Coalition of Public Safety Officer (NCPSO) for the national union reported 26,000 police and correction officer. Surpriingly, even more AFL-CIO national union report ome police memberhip. The following are example: Marine Engineer Beneficial Aociation (MEBA) Aociation for Lo Angele Deputy Sheriff. United Steelworker Union of America Tukwila, Wahington, Police Union. United Automobile Worker Union Evat, Michigan, Police Local United Food and Commercial Worker International Union (UFCW) Annapoli, Maryland, Police Union. 41

5 W E Police Labor-Management Relation (Vol. I) Operating Engineer International Union Modeto, California, Police Officer Aociation. American Federation of Government Employee U.S. Border Patrol Council. International Longhoremen Aociation New York State Supreme Court Officer Aociation. In 2005, national union repreenting 6 million member withdrew from the AFL-CIO. The Teamter, the Union of Needletrade, Indutrial and Textile Employee, UFCW, and SEIU have withdrawn their AFL- CIO affiliation. It i unknown at thi time what the impact will be on the AFL-CIO and it unionized police member. It i immediately evident that the number of police officer alleged to be member of union exceed the actual number of police officer in the nation. In addition, we know that not all law enforcement officer in the nation are member of a union. Why the dicrepancy in the number of unionized police officer? There are two primary reaon. Firt, in the police labor world dual unionim i a common and accepted practice. In the private ector, it i a violation of the union contitution to belong to more than one union with the ame juridiction. To join another competing union i ground for expulion from the union. Police officer in the ame agency can, and do, belong to more than one union. The overlapping memberhip allow each national union to rightfully claim the ame member. Second, on the national, tate, and regional level, memberhip inflation i not only common, but accepted. All union, but epecially national police union, puff up their memberhip number without the leat bit of guilt. More accurate memberhip number are found only when the union i repreenting a deignated department where the authorized trength i publicly known. The Police Labor Movement I Extremely Competitive In the world of police labor relation, the organizing and unionizing environment ha alway been turbulent, hotile, volatile, diruptive, and virtually void of any national, tate, or local union loyalty. It ha become even wore in the 21t century. Every tate except Hawaii ha multiple police organization competing for member within each law enforcement agency. But even in Hawaii, the police officer who are repreented in one bargaining unit by the State of Hawaii Organization of Police Officer affiliated for a hort time with the AFSCME before diaffiliating and returning to independent tatu. Switching national union or returning to independent tatu i common. There i very little long-term loyalty in the law enforcement world, either to the local, tate, or national union. In the world of law enforcement union, raid, diaffiliation, re-affiliation, decertification, and plinter group within a law enforcement agency are the rule and not the exception. For example: The independent San Francico Police Officer Aociation became affiliated with IUPA, then diaffiliated and returned to independent tatu for everal year before affiliating with SEIU. Anchorage and San Diego police union igned affiliation agreement with the Teamter Union and later diaffiliated. 42

6 Diorganized Labor: The Mutinou Side of Police Union W E The Police Aociation of New Orlean (PANO) affiliated with the Teamter Union, but after the diatrou 1979 police trike, diaffiliated and affiliated with SEIU. PANO later diaffiliated from SEIU and i independent today. Tucon police were affiliated with FOP for more than 20 year. A group of officer formed the independent Tucon Police Officer Aociation (TPOA) to challenge the FOP a the bargaining agent. The TPOA decided to affiliate with the NCPSO and won the decertification election. In Wahington, D.C., police officer were affiliated with an independent police aociation. They diaffiliated and join the IBPO, then later voted to diaffiliate from the IBPO and join the FOP. In Cleveland, the independent Police Patrolmen Aociation affiliated with the IUPA, diaffiliated, and year later re-affiliated. Orlando (Florida) police were repreented by the IBPO. They diaffiliated and joined the independent Florida Police Benevolent Aociation, then diaffiliated and joined the FOP. More Fragmentation: The Quetion of Supervior and Dual Unionim In the private ector in the United State, the federal law exclude upervior from the right to form a union and collectively bargain. While ome tate law exclude police upervior from collective bargaining, generally nonupervior and upervior are member of joint or eparate police union in the public ector. In many police agencie, different union repreent the rank-and-file officer and upervior. Oftentime thee local union have different tate and national affiliation. For example: In Lo Angele County, the nonuperviory and uperviory union are affiliated with different AFL-CIO union. The Aociation for Lo Angele Deputy Sheriff, which i affiliated with MEBA, repreent rank-and-file deputy heriff. The Lo Angele County Profeional Peace Officer Aociation, which i affiliated with the IUPA, repreent ergeant and lieutenant. In Phoenix, the independent Law Enforcement Aociation (PLEA) repreent all non-upervior. Sergeant and Lieutenant formed a union and affiliated with the NCPSO. After getting their firt contract, the union dropped it NCPSO affiliation and joined an independent tate aociation aociated with PLEA. In the New York City Police Department, patrol officer, detective, ergeant, lieutenant, and captain have eparate, independent union. Even in law enforcement agencie with one bargaining agent, other police union exit with member from the ame agency, which would be dual unionim in the private ector. In ome agencie, one union i the bargaining agent and the econd union i perceived a the fraternal organization. For example: In New York City, the Patrolmen Benevolent Aociation i the ole and excluive bargaining agent for all patrol officer. In Lo Angele, the Police Protective League i the ole and excluive bargaining agent for all officer below the rank of captain. In both New York and Lo Angele, the FOP ha an active lodge with elected leader repreenting it New York and Lo Angele member on tate and national labor iue. 43

7 W E Police Labor-Management Relation (Vol. I) Both the Omaha Police Union, which i affiliated with the IUPA, and the Seattle Police Officer Guild, which i affiliated with NCPSO, carry advertiement for the local FOP lodge in their union newpaper. Thi dual unionim i not alway a compatible a it would appear in New York, Lo Angele, Omaha, and Seattle. The minority union, which may appear a benign or fraternal to the majority union, can be ued by diident member a a vehicle for uneating the bargaining agent. Even where the member have outed one union, that union may continue to exit and wait in the hadow for the majority union to make a mitake. Even if the minority union never achieve majority tatu again, the minority union trive to trip up the majority union leader, in particular during contract negotiation. Police management, the media, and elected official like to ee a divided memberhip. Concluion The concept of witching union and having dual union memberhip create an unhealthy atmophere for police union leader who fear that one mitep in dealing with the employer or management will caue diident officer to tart a drive to out the union, not jut the union preident. The truth i that the officer in a particular agency make up the ame pool of member and leader regardle of the union affiliation. The new and improved union i till the ame group of officer. The competition among the variou police union in raiding each other doe more damage to the tability of the local union than management could ever do. One need only look at the achievement of the Autralian and Canadian police union to recognize that in the United State the police union and police officer themelve are to blame for the chao and lack of a national collective bargaining bill. What doe the future hold for police union in the United State? A civil war cannot end without omeone defeating the other ide or the partie deciding to reunite. Under the current ituation, no national union i going to defeat it competitor. The trife and turmoil will continue unle one or more of the national union can et aide ego and hitoric grievance to unite one or more of the competing union into a federation. There i no ubtantive difference in ervice on the national level among FOP, NAPO, IUPA, IBPO, and NCPSO. All profe to be focued on federal legilation and aitance to their tate and local affiliate. So why ha there not been an effort at merging the national police union into one powerful police labor union? The bet anwer lie in the obervation of Sergeant Harold Melnik, who wa the preident of the Sergeant Benevolent Aociation of the New York City Police Department, when he aid the following in 1974 to the National Sympoium on Police Labor Relation ponored by the Police Foundation: There i no ingle individual who ha openly come forth with the ability, acceptability and platform to rally all or mot police organization for merger into a national police union It can be aid that while the police aociation leader of the major citie recognize the aweome power that could be obtained through a national body properly led, a fear of aimilation with a lo of identity till exit in the mind of many of thee leader. Until the day come when police officer readily identify themelve a a part of labor, only local and tatewide group will uffice and proper. 44

8 W E SECTION THREE: POLICE MANAGEMENT: WALKING THE YARD WITHOUT A NET