The Professional Lawman
eNewsletter from The Arizona Fraternal Order of Police Arizona Labor Council
Arizona Fraternal Order of Police
July 20. 2007
Arizona Fraternal Order of Police - Building on a Proud Tradition

Arizona FOP

STATE FOP BOARD
www.azfop.com

President, Bryan Soller
V.President, John Ortolano
Secretary, Patrick Scherden
Treasurer, Kevin Clark
Sgt at Arms, Bob Randall Chaplain, Tom Bradley
2nd VP, Nick Aussems


Arizona Labor Council

AZ LABOR COUNCIL
www.fopalc.com

ALC Executive Director
Jim Mann

Executive Committee

Bill Everson
Chairman

Kevin Clark
Vice-Chairman
Arizona State F.O.P.
Labor Committee Chairman

John Ortolano
State Employee Rep.

Pam Edgerton
County Employee Rep.

Tom Garrison
Municipal Employee Rep.

Lee Ann Brydges
At-Large Employees

Brandon Keefer
AZ State F.O.P. Appointee

ALC Committee Associates
Matt Taylor
John Molero
John Larson
Carri Stubblefield
Heather Redden

Read this newsletter online

IN THIS ISSUE 

FOP's National Collective Bargaining Bill Passes House!!!
What HR 980 means to Arizona Public Safety Officers
Arizona FOP Legislation Update
Nashville F.O.P. Campaign to Decertify Teamsters as Bargaining Agent

Arizona Labor Council Information
I. FOP's National Collective Bargaining Bill Passes U.S. House!!!

Talk to Chuck...

Chuck Canterbury, National President of the Fraternal Order of Police, hailed today's passage of H.R. 980, the "Public Employee-Employer Cooperation Act," on a 314-97 vote in the U.S. House of Representatives. 

"The FOP and our friends at the International Association of Fire Fighters have been working to pass this legislation for more than a decade," Canterbury said.  "Because of our joint efforts and our bipartisan approach, we scored a tremendous victory this afternoon.  Together, we'll work to get it through the Senate and then onto the President's desk."

The legislation, introduced jointly by Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN), would recognize the right of public safety employees to bargain collectively over hours, wages, and working conditions.  The legislation currently has two hundred and seventy-eight (278) cosponsors, more than a majority of the House.  The bill was favorably reported by the Committee Education and Labor in June on a 42-1 vote.

"As law enforcement officers, we take our oath and commitment to protect and serve very seriously," Canterbury said.  "Public safety occupations are unique, and their labor relations need to reflect that.  Ours is not the traditional labor-management relationship.  In our line of work, the bottom line is the safety of the public and of the officer."

The legislation now goes to the Senate for further consideration.

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 325,000 members.

See the Video

II, What HR 980 means to Arizona Public Safety Officers

FOP Arizona Labor CouncilWe're Your Union!

If approved by the US Senate and signed by the President, HR 980 will provide a positive change in labor relations for public safety officers in Arizona.

Important Provisions:

Within 180 days after enactment, the Federal Labor Relations Authority makes determination as to whether a State substantially provides collective bargaining rights for public safety officers.

The term “public safety officer”—

  • means an employee of a public safety agency who is a law enforcement officer, a firefighter, or emergency medical services personnel;
  • includes an individual who is temporarily transferred to a supervisory or management position; and
  • does not include a permanent supervisory or management employee.
  • The term “law enforcement officer” means "an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws including, but not limited to, police, correction, probation, parole, and judicial officers.

In making a determination, the Federal Labor Relations Authority considers a State’s existing law to provide collective bargaining - unless such law fails to substantially provide rights and responsibilities comparable to or greater than each of the following:

  • (1) Granting public safety officers the right to form and join a labor organization, which may exclude management and supervisory employees, that is, or seeks to be, recognized as the exclusive bargaining representative of such employees.
  • (2) Requiring public safety employers to recognize the employees’ labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding.
  • (3) Providing for bargaining over hours, wages, and terms and conditions of employment.
  • (4) Making available an interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures.
  • (5) Requiring enforcement through State courts of—
    • (A) all rights, responsibilities, and protections provided by State law and enumerated in this subsection; and
    • (B) any written contract or memorandum of understanding.

Within 1 year after enactment, the Federal Labor Relations Authority issues regulations establishing procedures which provide collective bargain rights for officers in States which the Federal Labor Relations Authority has determined do not substantially provide for such rights.

EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS - Will not invalidate a certification, recognition, collective bargaining agreement, or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision in effect on the day before the date of enactment, or the results of any election held before the date of enactment.

Partial exemption.—A State may exempt a political subdivision that has a population of less than 5,000 or that employs fewer than 25 full time employees.

III. Arizona 2007 FOP Legislation

Old Arizona Seal2007 Arizona F.O.P. Legislative Agenda Recap

The Legislature finished its work and adjourned for the year on June 20th 2007 at 10:58 p.m. The 164-day session ties last year’s session for the fourth longest in state history. New laws, unless enacted early, become effective September 19, 2007.

This session, all except one of our legislative agenda items were approved and signed into law. We withdrew one bill in favor of advocating more budget funds to be made available to our CORP legislative agenda items, including CORP Ordinary Disability.

Three of our four F.O.P. legislative agenda items required budget approval and were approved on the last day of the session. After lengthy budget negotiations, which were often divisive and contentious, the legislature approved a budget which includes a 3.25% state employee salary increase and provided $3 million to address Corrections Officer supervisory salary compression issues. The approved budget also included establishing an ordinary disability retirement provision for corrections officers, however, the disability provision is delayed until the retirement system is 100% funded.

In addition to strongly advocating our F.O.P. legislative agenda, much of our work this session involved actively opposing legislation adverse to our members’ interests, including “anti-FOP” meet and confer legislation and an attempt to create a second tier (less generous) retirement for new civilian employees.

Read More about our Legislative Success

IV. Nashville F.O.P. Campaign to Decertify Teamsters

National F.O.P. combines forces with Nashville F.O.P. - Andrew Jackson Lodge #5 for Decertification and Representation Campaign  

The National Fraternal Order of Police has joined together with the Nashville FOP - Andrew Jackson Lodge #5 and has begun the Decertification Campaign against the International Brotherhood of Teamsters Local 327. As a result, a National Teamsters official appears to have acted irrationally, illegally planting video surveillance cameras in an FOP Facility. The Teamster official was arrested and charged with Burglary...

Read the Details and Watch the Video

Media Report: "Convicted Felon Works For Nashville Teamsters' Local Chapter"

Curiously, WKRN New 2 in Nashville, reported that the Nashville Teamsters local 327 secretary-treasurer was convicted in 1989 for conspiracy to take human life and solicitation to commit murder - for hiring a hit man.

Read News Story

V. Arizona Labor Council Information
Arizona Labor CouncilALC's Legal Plan Costs Remain Steady...

Since its inception in 1994, the ALC has only increased its dues once. Considering the yearly cost of living increases affecting everyone and all businesses, that is a pretty good track record. It shows that your Executive Committee and office personnel are frugal with your dues money.

Similarly, the ALC attorneys, Yen, Pilch, Komadina & Flemming, have not increased their legal plan cost to the ALC; in fact, payments to the law firm - per member - have gone down since 1994. In addition, the law firm has increased benefits for members in several portions of the legal plan.

The ALC and the law firm have worked hard to provide the best legal plan available for law enforcement officers. I know this to be true because other police associations have tried, unsuccessfully, to copy the ALC plan. Inflation affects everyone and the law firm is no exception. Rather than increasing dues for everyone, the ALC and the law firm have worked out a change in one benefit that will only affect those members that use that particular service. Most quality law firms charge $200-$250 or more per hour. Yen, Pilch, Komadina & Flemming has been charging only $80 per hour for services not otherwise covered in the legal plan. Effective immediately, the discount rate for services will be $115 per hour. That rate will increase to $145 per hour after next year’s conference. This increase only affects those members that take advantage of discount rate benefit. All other services remain the same; as always, defense of any duty-related situation is covered 100% by your dues without any additional costs.

The discount rate does not come into play for defense of duty-related situations - which remain fully covered at no additional expense to the ALC member.

If you have any questions, please contact any member of your ALC Executive Committee.

Bill Everson, ALC Chairman