Chapter 11 chapter review Flashcards

1
Q

What are the four areas that need to be examined in order to fully understand the impact of unions on a community. How do they impact the community?

A

impact on discipline and accountability, the impact on the police subculture, the impact on city or county finances, and the impact on politics.

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2
Q

Although public employee collective bargaining laws vary by state, the general thrust of the laws can be summarized by three simplified models. What are these three models?

A

the binding arbitration model
the meet and confer model
the bargaining not required model.

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3
Q

Explain the process of a union organization drive.

A

working to get 30 percent of the class or classes of employees it seeks to represent to sign authorization cards, of which Figure 11.3 is typical. Once this goal is reached, the union notifies the police department. An election is held, and the union must get 50 percent plus one officer to prevail. If management believes the union has obtained a majority legitimately and that it is appropriate for the class or classes of officers to be grouped together as proposed by the union, it will recognize the union as the bargaining agent of the officers it has sought to represent.

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4
Q

Who generally serves on union and management teams during negotiations?

A

The public

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5
Q

What is the typical sequence of steps involved in the grievance process?

A

Step 1. The member shall first present his/her grievance to his/her immediate supervisor within five (5) days of the occurrence which gave rise to the grievance. Such contact shall be on an informal and oral basis, and the supervisor shall respond orally to the grievance within five (5) working days.
Step 2. Any grievance which cannot be satisfactorily settled in Step 1 shall be reduced to writing by the member and shall next be taken up by his/her division commander. Said grievance shall be presented to the division commander within five (5) working days from receipt of the answer in Step 1. The division commander shall, within five (5) working days, render his/her decision on the grievance in writing.
Step 3. Any grievance not satisfactorily settled in Step 2 shall be forwarded, in writing, within five (5) working days, to the Chief of Police, who shall render his/her written decision on the grievance within five (5) working days. Step 4. If the grievant is not satisfied with the response of the Chief of Police, he/she will forward his written grievance within five (5) working days to the City Manager, who will have ten (10) working days to reply, in writing. Step 5. If the grievance has not been settled to the satisfaction of the grievant in
Step 4, the matter will be subject to arbitration. An arbiter will be selected, without undue delay, according to the rules of the American Arbitration Association. The arbiter will hold an arbitration hearing. When the hearing has ended, the arbiter will be asked to submit his/her award, in writing, within fifteen (15) days. His/her decision shall be final and binding on both parties.

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6
Q

List and describe the four major forms of job action.

A

the vote of confidence, work slowdowns, work speedups, and work stoppages.

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7
Q

Describe five anticipatory strategies police administrators can employ to reduce the possibility of job actions.

A

1 must be trained in the tenets and practices of collective bargaining, particularly as they relate to mutual trust and the obligation to bargain in good faith.

2 timely sharing of accurate information is essential to good labor relations in that it reduces the opportunity for misinformation or noninformation to create distance and build barriers.

3 •On a periodic basis, key managers from the police department, along with the staff and its labor relations unit, should meet with union leaders and the representatives, including elected officials, of the city who are responsible for the implementationofitslaborrelationsprogram.Thisstrengthensexistingcommunications networks, it allows new networks to open, and it is a continuing affirmation of the mutualism that is central to the process of collective bargaining.

4 management must develop and publicize the existence of a contingency plan that contemplates as many of the problems as reasonably can be foreseen with respect to each type of job action.

5 management must assess the philosophy, capabilities, strengths, weaknesses, and propensities of the union—its officers, negotiators, legal counsel, and members. That, along with an estimate of the financial resources of the union, will be useful in anticipating the actions in which it is likely to engage and toward which planning can be directed.

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8
Q

Identify and briefly discuss the seven major factors combined that led to public sector collective bargaining.

A

These significant forces were (1) the needs of labor organizations, (2) the reduction of legal barriers, (3) police frustration with the perceived lack of support for their “war on crime,” (4) personnel practices in police agencies, (5) salaries and benefits, (6) violence directed at the police, and (7) the success of other groups.

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9
Q

which of the following is a significant factor that fostered public sector collective bargaining

A

the needs of labor organizations
police frustration with the perceived lack of support for their “war on crime”
personnel practices in police agencies

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10
Q

historically the police have felt isolated in their effort to control crime which stemmed from these two factors: perceived public hostility and the impact of

A

due process revolution

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11
Q

which of the following causes the greatest concern among community activities, public officials and police executives

A

the impact of police unions on discipline and accountability

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12
Q

officers who dispute a decision of their employer concerning working conditions usually have the right to appeal that decision through which of the following

A

a grievance procedure

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13
Q

collective bargaining model uses 3rd party - binding arbritration model - 3 types

A

1- issue by issue
2- final offer issue by issue
3- total package

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14
Q

arbitrator has obligation to render decision independently ___ by ___

A

issue by issue

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15
Q

an arbitrator renders a decision on each issue independently but must award the final offer made by one of the parties and is not free to craft a compromise position that has not been specifically proposed by either party. which of the following general types of binding arbitration laws does this describe?

A

final offer issue by issue

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16
Q

states that follow the bargaining not required model either do not statutorily require or do not allow collective bargaining. Which of the following determinations have been made by these states

A

in the majority of these states, a statewide collective bargaining statute covering law enforcement officers has never been enacted

17
Q

which of the following is included in the usual list of unfair labor practices

A

a refusal to bargain in good faith over subjects that are mandatory for bargaining
interference, restraint, or coercion of employees because employees have exercised their collective bargaining rights
the failure to furnish information relevant to the collective bargaining process

18
Q

when trying to be recognized as the collective bargaining unit, a unit, a union must obtain how many signed cards from officers in order establish a majority

A

50 % plus one

19
Q

an appropriate grouping of officers for the union to represent in collective bargaining is technically called

A

unit determination

20
Q

the enactment of which of the following florida laws opened up many previously closed government meetings to the general public, including bargaining sessions, and stirred up some controversy

A

sunshine law

21
Q

what is a trade-off from the unions point of view

A

a demand that will be dropped as total or partial payment for obtaining some other benefit

22
Q

which of the following is defined as a complaint or an expression of dissatisfaction by an employee with respect to some aspect of employment

A

grievance

23
Q

maintenance of benefits clauses enhance a labor organizations ability to

A

prevent changes in past practices

24
Q

_____ % of cases involving arbitration - discipline against another officer

A

90%

25
Q

the best way to handle job actions is for both management and the union to take the position that they have

A

mutual responsibilities to avoid job actions