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July 2020 Edition www fop net
July 2020 Edition FOP Labor Services is staffed by experienced professionals who provide highly skilled support services in the area of labor relations Click to learn more www fop net
July 2020 Edition In light of recent events and the current attacks on law enforcement it is no surprise that law enforcement unions across the country are coming under fire for doing what they do best protecting the rights and livelihoods of the officers they represent Despite this the National FOP Labor Services Division vows to continue to fight for LEO rights and assist them throughout the entire process Now more than ever Labor Services encourages all members to explore the comprehensive set of resources and services available to lodges nationwide Not only can the NFOP Labor Services serve you better than any competitor but the wide array of services offered reaches far beyond the negotiation table Labor Services aids in organizing contract negotiation and administration collective bargaining rights training and education both inperson and online legal and scholarly research contract wage and benefit comparable as well as the ever important legal defense Continued on next page www fop net
July 2020 Edition Moreover we pledge to always work with you all during service execution and all contracts come with an appeal process built right into your service agreement The National Labor Services Division understands that complexities built around contract negotiations and contract administration when it comes to law enforcement and that is why we pledge to work with you every step of the way From drafting proposals and supportive arguments to your labor specialist serving as your spokesperson at negotiation sessions the entire Division aims to work together in achievement of the common goal serving you and protecting your rights For a flat fee of 73 50 month per member you will receive all of the above services with no liability cap concerning expenses charged by approved legal counsel accountants or other outside assistance Other options outside of the full service plan are individual services billed at an hourly rate If you have questions or would like more information please contact the Labor Services Division Labor fop net Continued on next page www fop net
July 2020 Edition Nevada EMRB Declaratory Ruling Concerning Choice of Counsel On February 28 2020 the Nevada Highway Patrol Association NHPA petitioned the Nevada Government EmployeeManagement Relations Board NV EMRB for a declaratory order that would prevent law enforcement officers in Nevada from using attorneys of their own choosing while under investigation by their employers This of course would include FOP members and prevent them from using attorneys through the legal defense plan The legal defense plan is an exclusive benefit for FOP members The request by the NHPA if granted would also invalidate Nevada s law enforcement officers bill of rights Specifically the provision that guarantees Nevada s law enforcement officers the right to counsel of their own choosing while under investigation National FOP President Yoes seeing the danger of such an order directed the Labor Services Division to file an amicus brief with the NV EMRB Working together with local counsel the Division filed its amicus brief in the true defense of Nevada s law enforcement officers The NV EMRB issued its order on June 17 2020 The order reaffirmed the exclusivity of the union elected by the members of the bargaining unit The Board also affirmed that law enforcement officers have the right to choose their own attorneys while under investigation making this a win for the FOP the legal defense plan and our members http emrb nv gov uploadedFiles emrbnvgov content Decisions 865 202020 011 pdf www fop net
July 2020 Edition Fraternal Order of Police Legal Defense 701 Marriott Dr Nashville TN 37214 615 399 0900 or 800 451 2711 Fax 615 399 0400 Tim Mullaney Director of Labor Services National Executive Board Patrick Yoes President Joe Gamaldi Vice President Jimmy Holderfield Secretary Tom Penoza Treasurer Les Neri 2nd Vice President Keith Turney Sgt at Arms Rob Pride Chairman of Trustees Labor Committee 701 Marriott Dr Mike Powell Nashville TN Fred Calhoun 37214 Joseph Fitzgerald 615 399 0900 or Rick451 2711 Inglima 800 Fax 615 399 0400 Marco Monteblanco Mike Sauger Rich Shalor Legal defense protection is a necessity for law enforcement professionals As the frequency and cost of allegations rise the FOP Legal Defense Plan offers you and your lodge members a very affordable and comprehensive plan www foplegal com www fop net
COVID 19 SURVEY The National Fraternal Order of Police is committed to listening to the voices of our members In recent months the COVID 19 pandemic has affected the working conditions of law enforcement officers across this country and the world Because we recognize this impact we ask that members share their experiences in the following survey of Police Officer Experiences During the COVID 19 Pandemic We hope that this brief survey will help us further understand your experiences during the pandemic and will enable us to find avenues for providing support to our members https www surveymonkey com r FOPCOVID 19
July 2020 Edition and There is no doubt that COVID 19 has created ripple effects For law enforcement those effects are blurring the lines between public workplace obligations and private health concerns From mandated testing to exposure disclosure there seems to be an unending stream of information coming at us at high speed Whether already in existence or recently passed there are numerous laws impacting health safety and privacy www fop net Continued on next page
July 2020 Edition Workplace Privacy and COVID 19 Equal Employment Opportunity EEO laws including the Americans with Disabilities Act ADA requires employers to safeguard the privacy of employees health information In addition the Centers for Disease Control CDC or state local officials have issued guidelines for distancing in the workplace and for how deal with suspected COVID 19 cases The ADA allows employers to make sensitive medical inquiries of an employee who potentially poses a direct threat to themselves or others in the workplace If an employee exhibits or discloses the existence of symptoms fever chills cough shortness of breath or sore throat the employee may be sent home and may be legally required to undergo testing before returning to work If the employer discovers that an employee tested positive the employer according the CDC should inform all other direct contact employees for their protection and testing Supervisors and other essential employees with a need to know based on business necessity may also be informed No identifying information is allowed to be disclosed only that someone has tested positive in the workplace Many people mistakenly believe that the Health Insurance Portability and Accountability Act HIPAA makes it illegal for an employer to disclose employee s medical information however it does not HIPPAA prevents medical providers insurance companies and self insured businesses from relaying personal health information to others and rarely extends to employers It is important to note that any personal health information acquired by your employer must be kept confidential and separate from all other personnel files and is exempt from public information disclosures in most states Continued on next page www fop net
July 2020 Edition Another health and safety issue regarding COVID 19 law enforcement is an officer getting infected on the job Though HIPAA may not prevent your employer from disclosing certain things about your personal health information it does allow qualifying health authorities to disclose personal health information to first responders who may be at risk of infection For example if a new inmate tests positive for COVID 19 upon booking the medical personnel of the facility if qualified under HIPAA is permitted to contact the arresting officer and inform him or her of the diagnosis as long as minimal information is given to accomplish the purpose of the disclosure quarantine testing and treatment Based on agency policy the officer may be required to inform a supervisor as well It is clear that COVID 19 has the world in unprecedented territory There have been other outbreaks yet this outbreak has brought with it new concerns of government obligations services and overreach We encourage you to stay to stay informed of all changes in the law as well as all changes in department policies and procedures regarding COVID 19 As always please contact us immediately of any changes however insignificant or even as beneficial as they may seem especially where discipline or loss of pay may be involved so that we can advise you of the best way to protect not only your health but your employment security as well www fop net
July 2020 Edition Families First Coronavirus Response Act Over the past few weeks our great country has encountered unchartered territory concerning the spread of COVID 19 and as a result our federal government has responded with unprecedented legislation On March 18 2020 the Families First Coronavirus Response Act FFCRA was signed into law and provides various forms of economic relief to employers and employees across the nation In response to the economic crisis resulting from mandated business closures and safer at home measures FFCRA allows for emergency paid sick leave for those who have contracted COVID 19 have symptoms or are quarantined due to exposure expansion of the Family Medical Leave Act FMLA to allow employees to take paid leave for qualified family members affected by COVID 19 nutritional assistance insurance coverage of COVID 19 testing and increased unemployment benefits Continued on next page www fop net
July 2020 Edition Continued from page 1 Though FFRCA includes all private employers with less than 500 employees and most public employers at the state and local levels FFCRA does have exemptions Federal employees are exempted under FFRCA due to the fact that FFRCA only amended Title I of the FMLA and federal employees fall under Title II Emergency responders LEOs firefighters medical professionals etc may also be excluded under FFRCA According to Section 3105 of the Act An employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of the provisions in the amendments made under of section 3102 of this Act It is important to note that FFRCA authorizes but does not require emergency responder employers to exclude their employees from the new provisions and the Secretary of Labor has complete authority to include or exclude certain employees upon formal inquiry With the authorized exclusion of emergency responders under FFCRA and the continued exposure dangers present in the field it is imperative that LEOs take the time to inquire about their agency s application of these new policies If you are a LEO covered under an existing collective bargaining agreement CBA now is the time to reach out to your labor representative to better understand what your existing CBA includes relevant to FFCRA and what could potentially be added or amended to your existing CBA that would better protect you and your law enforcement family www fop net
July 2020 Edition Collective Bargaining There is no question about it we are living through extraordinary times All the news these days seems to be focused on the Coronavirus Information about this deadly disease is vitally important It is also vitally important that we keep things in perspective and that we avoid applying permanent solutions to what is ultimately a temporary problem Since this is an unprecedented event for most people alive today it is not surprising that most agencies were and are completely unprepared for the impact on day to day operations This is most apparent in terms of ensuring the health and safety of employees and the public It is fair to say that existing policy may not address all of the challenges agencies are currently facing It is also likely that there aren t past practices to rely on either We have seen a variety of policy changes and memoranda of understanding MOU proposed for the purpose of addressing what some might argue are holes or blind spots in current policy or collective bargaining agreements CBA regarding pandemics While it is important to keep pace with what s happening it is also important that we do not overact or fix something that isn t broken Whenever changes to terms and conditions of employment are proposed or implemented immediately review the existing CBA to determine whether the proposal is necessary If the CBA already covers Continued on next page www fop net
July 2020 Edition Covid 19 Collective Bargaining Continued from page 3 the issue there is no need for the change If the issue is not already addressed the next question is whether the change impacts a mandatory subject of bargaining such hours wages discipline or other terms and conditions of employment If the CBA contains a management or employer rights section a careful review of that section is needed in order to determine whether the employer is exercising a right Even if the employer has the right to implement policy under emergency conditions is that right being exceeded In order to best challenge a policy change bargaining must be demanded immediately or the right to do so may be permanently waived Some jurisdictions and CBAs require that proposals be submitted with the demand If the employer refuses to bargain filing a complaint with the labor board may be necessary In jurisdictions without collective bargaining if the implemented change infringes on personal rights or freedoms or requires work without compensation or overtime a lawsuit may be in order In some cases the change may not at first appear to be an infringement For example if leaves are suspended without an adjustment to carryover or use or lose rules that could be considered a loss of compensation There are potentially numerous and sometimes complicated issues that may arise from what seems like a simple or minor change in policy Some of those issues are apparent while others may be so subtle that they are not immediately seen We are here to support you If your agency proposes any change in policy regardless of how minor or inconsequential it may seem please contact us so that we can support you and at the very least provide some peace of mind In the meantime stay safe and stay well NFOP Labor Services Division 800 451 2711 or 615 399 0900 www fop net
July 2020 Edition Division of Federal Employees Compensation DFEC Information on FECA Coverage for Coronavirus Disease 2019 COVID 19 APRIL A federal employee who contracts the Coronavirus Disease 2019 known as COVID 19 while in performance of their job duties would have the full coverage of the FECA for related medical treatment and for wage loss or disability related to that condition or associated complications However under 20 C F R 10 303 exposure to COVID19 alone does not constitute a work related injury entitling an employee to medical treatment under the FECA The employee must actually be diagnosed with COVID 19 to potentially be afforded coverage To establish coverage the employee must submit a medical report from a qualified physician as defined in 5 U S C 8101 2 reflecting a positive test result for COVID 19 based on established employment related exposure to COVID 19 The Centers for Disease Control and Prevention CDC website contains information about the testing and diagnosis of COVID 19 The FECA does not authorize payment for provision of preventive measures such as quarantines In general preventive treatment is a responsibility of the employing agency under the provisions of 5 U S C 7901 Continued on next page www fop net
July 2020 Edition About Labor Services The Labor Services Division provides a comprehensive set of resources and services designed to ensure that no officer goes to the bargaining table alone In addition we provide assistance to your lodge to obtain the right to become your bargaining agent or to try to influence the public officials who determine your hours wages terms and other conditions of employment Whether your department requires contract information experienced legal experts training seminars or personalized labor research the Labor Services Division stands ready to provide you with the people and resources you need The FOP is the largest professional police labor organization in the country We know that no one can represent an officer as well as a fellow officer FOP members have worked through thousands of labor situations The Labor Services Office has access to the collective knowledge of more than 351 000 law enforcement professionals Resources The Labor Services Division is staffed by full time professionals who provide highly skilled support services on behalf of the Grand Lodge to state and local lodges in the area of labor relations Our staff includes experienced veterans in the field of Law Enforcement employment relations These representatives are available to travel extensively throughout the country to assist member lodges In addition the Labor Services staff is available to answer members questions and to provide information and or advice The Labor Services Division is the hub for FOP labor information We are frequently asked What labor services are available to assist our members A sample of our labor services include Dispelling the myth that right to work states cannot bargain Helping form bargaining organizations that can provide the expertise needed to bargain effectively Continued on next page www fop net
July 2020 Edition Training leaders to represent members in disciplinary matters Working with lodges to determine how they can better represent the interests of their members outside the framework of a formal collective bargaining agreement Developing training programs for lodge negotiators Providing expert advice and guidance during the negotiation process Providing expert advice and guidance during the contract administration process Providing expert advice and guidance in campaigns to obtain bargaining representation Assisting lodges to gain the right to bargain Additional services are available In addition to the above services Labor Services travels to local and state lodges to develop and conduct classes specific to your membership s needs These classes will be tailored with your local and state laws in mind The Labor Services Division can provide access to current information on labor issues contracts arbitrations and negotiations This information is essential for collective bargaining and discussions on hours wages terms and other conditions of employment This system makes lodges and other labor entities dramatically more effective at improving the quality of life of our members The Labor Services Division can also assist with the creation of custom compensation demographic and contract language reports If you have questions or desire assistance please contact NFOP Labor Services Division 701 Marriott Drive Nashville TN 37214 800 451 2711 615 399 0900 labor fop net www fop net
July 2020 Edition Every year the Labor Services Division receives multiple requests for research on various topics however one topic in particular has permeated the request line social media in regard to law enforcement employment The basis of these requests often presents itself in some form of discipline being imposed upon an officer as the result of a social media post made by him her Subsequently there has been an increase in wanting to know just how many professional implications can lie within an officer s personal social media page and whether or not these professional implications are an infringement on the officer s constitutional right to free speech Continued on next page www fop net
July 2020 Edition www fop net
July 2020 Edition The Division of Labor Services is staffed by experienced professionals who provide highly skilled support services in the area of labor relations The Fraternal Order of Police is working for you Legal Defense Organizing Collective Bargaining Rights Contract Negations Contract Administration Research Local State Political Action The NFOP stands ready to provide you with the resources you need When FOP Members encounter labor situations the Division of Labor Services has access to the collective knowledge of more than 350 000 law enforcement professionals www fop net
July 2020 Edition Full Service The NFOP performs ALL services for your labor entity Fees based upon the laws in each jurisdiction Includes the NFOP Legal Defense Plan With civil criminal and administrative coverage The NFOP is responsible for ALL expenses inquired to provide services Individual Services Billed at an hourly rate on a project basis Accountant 150 hourly Attorney 190 00 Field Representative 75 00 hourly Researcher 50 00 hourly Morale Survey 500 00 flat fee Other services priced as needed The FOP Labor Entity is responsible for all expenses incurred to provide services www fop net
July 2020 Edition https national fop net foplaborrecruit ing Labor Summit March 16 17 2021 Legal Counsel Seminar March 18 19 2021 www fop net
Electronic Newsletters Fraternal Order of Police Click covers to open July 2020 Editions
July 2020 Edition On Site Seminar Catalog Labor Related Courses The Fraternal Order of Police Difference FOP vs Competing Labor Organizations Rights of Officers How to Represent Members For Lodges That Do Not Have Collective Bargaining What Do You Need in Legal Provisions for Collective Bargaining How to Obtain Collective Bargaining Rights at the Local Lodge Level Processing Grievances Preparing Your Lodge to Be the Bargaining Agent Strategies and Tactics for Representation Elections