24
COLLECTIVE BARGAINING
The standards in this chapter apply to those law enforcement agencies in which collective bargaining, by law, is an ongoing practice. There are many variations among agencies regarding the administration of the collective bargaining process. These range from procedures that are completely removed from the agency—carried out by officials of other governmental agencies or outside specialists—to a collective bargaining practice in which the agency’s personnel are responsible for the entire collective bargaining process.
These standards are directed to those law enforcement agencies whose personnel participate directly in collective bargaining. Agency personnel may participate in conjunction with other government officials or with the assistance of collective bargaining specialists. The standards are presented in a format that addresses the collective bargaining and contract management aspects of the process.
24.1 Collective Bargaining and Contract Management
If there are represented employees in the agency, a written directive describes the role of the agency in the collective bargaining process, and includes:a. establishment of a collective bargaining team for the agency with one person designated as the principal negotiator;
b. identification of the bargaining unit or units representing an agency’s employees with which it will negotiate;
c. a commitment by the agency to participate in "good faith" bargaining with the duly recognized bargaining units representing its members;
d. a commitment to abide by the ground rules for collective bargaining that arise out of the collective bargaining process or labor arbitration; and
e. a commitment to abide, in both letter and spirit, by the negotiated labor agreement that has been signed by management, labor representatives, and ratified by the bargaining unit.
Commentary: The agency should abide by all legally applicable laws and rules governing the collective bargaining process. The relationship of agency personnel with other members of the bargaining team should be clearly defined. The directive should clearly establish the agency’s role when its members comprise the entire bargaining team as well as when they will be working with individuals from outside the agency.
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24.1.2 When a negotiated labor agreement is ratified by all parties, the agency’s CEO, or designee, will:
a. obtain a written, signed copy of the labor agreement;
b. review and amend, if necessary, all written directives and procedures to coincide with the terms of the labor agreement; and
c. disseminate information relative to a new labor agreement, including modifications to existing agreements, to managers and supervisors of bargaining unit employees.
Commentary: In order to avoid violating the labor contract, it is essential that all operating directives are amended to agree with language in the labor agreement. Copies of the signed agreement should be made available to those who supervise and manage employees in the bargaining unit and to further ensure that labor harmony is maintained. Changes in existing contract language should be disseminated to those same supervisors and managers.
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