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September 2020 Edition www fop net
September 2020 Edition www fop net
September 2020 Edition POLICE REFORM Be informed Be Aware Be Vigilant No matter the profession it is always important to keep abreast of new developments issues and legislation For LEOs that knowledge is not just important it is vital Within the last 6 months the idea of police reform has swept the nation on all levels local state and federal What was once seen as protecting the public has now become an attack on law enforcement and more specifically an attack on how our brothers and sisters respond to their duties in the field Guised under the idea of improving public safety states like Minnesota Washington and Wisconsin are Continued www fop net
September 2020 Edition POLICE REFORM Continued by social policy groups like Campaign Zero and the ACLU Though many of the bills going to various capital hills across the country are concerning it is not so much the amount that is concerning as it is the pace in which they are getting there These bills are being pushed forward at an alarming rate so quickly that no member of the public the same ones they are vying to protect by the enactments themselves could ever read and understand every part of the bill before it is passed What we are left with is an influx of change coupled with potentially uninformed officers across the nation Unfortunately these changes are often done without input from those most affected the law enforcement community itself We need to be proactive and voice our concerns about the lack of professional input and how in reality these changes will affect the community at large We encourage you to stay current not just on your local laws and reforms but look beyond to see what other states are doing and how that could potentially be heading your way LEOs spend their whole careers protecting those around them and the time has come to protect yourselves and your brothers and sisters The first step in doing just that is just staying informed Know your policies know your laws and know the bills coming to the floor of your Legislature We in the Labor Services Division at the Grand Lodge make it a point to stay up to date on current legislation affecting the LEO community and the members we serve You play an important role in that by letting us know what is happening in your state If you would like more information about us and the rest of the services we have to offer contact us at labor fop net www fop net
September 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
September 2020 Edition What a difference a few weeks can make In case you missed it the nation has been gripped by demonstrations protests and in some cases riots over the perception that law enforcement is a profession whose conduct is driven by racism hatred indifference intolerance and even criminal intent Right on cue law makers across the country are demonizing not just cops but also the unions and collective bargaining rights the protect bad cops This is not new and not at all surprising given the outright attack on collective bargaining that has existed for over a decade Whether it is the Supreme Court in the Janus decision the Ohio and Wisconsin governors and legislatures repealing laws or www fop net
September 2020 Edition Continued public sentiment the focus is on law enforcement and hard won rights to negotiate terms and conditions of employment and safeguards against arbitrary discipline Now more than ever it is of paramount importance to be on guard against those who would weaken the profession by weakening your right to bargain and to challenge unjust discipline Key among these rights is arbitration Given the current legislative momentum concerning the future of law enforcement labor laws it is more important than ever to understand what arbitration why it matters and to educate others Arbitration is an expedient and cost effective way to resolve disputes between employees and employers during negotiation impasse as well as unlawful discipline and terminations Arbitrators can hold a hearing and rule on case in weeks or months as opposed to the courts which can take years and cost hundreds of thousands of dollars per case Dollars that are not then able to be used for education healthcare housing etc In addition arbitration has worked effectively for over 100 years to resolve labor disputes that in of themselves would cost the economy millions if not billions of dollars Continued on next page www fop net
September 2020 Edition Continued Just like you would not expect a sports team to referee their own game you should not be expected to allow an employer to dictate the outcome of a labor dispute An impartial dispute resolution process also provides confidence and certainty in how all people are treated under the law public confidence in the government is founded upon due process Without a process that is fair and impartial as required by the Constitution the public can have no confidence that they will be served and protected as the Constitution requires Yes there are flaws and public confidence is low right now The way to restore that confidence is strengthen rights not dilute them Though there is immense power in dispute resolution procedures like arbitration the NFOP understands that the navigation of it can be daunting That is why the Labor Services Division roots itself in guiding our brothers and sisters through all labor dispute processes If you would like more information on how we can help you with dispute resolution and what it would look like for you contact us at labor fop net p net www fop net
September 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
September 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
September 2020 Edition www fop net
September 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
September 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
September 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
September 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
September 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
September 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
September 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
September 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
September 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
September 2020 Edition Labor Summit March 16 17 2021 Legal Counsel Seminar March 18 19 2021 www fop net
September 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