Answer To: “Labor Unions and Arbitration within the Police Department” Need to write a RESEARCH PAPER about...
Dilpreet answered on Mar 19 2021
Running Head: Labor Unions and Arbitration within the Police Department 1
Labor Unions and Arbitration within the Police Department
LABOR UNIONS AND ARBITRATION WITHIN THE POLICE DEPARTMENT
Acknowledgement
The research paper has provided me with tremendous opportunities for enriching my knowledge and has been an excellent source of learning. This paper has also provided me a platform for acknowledging the efforts of all the people who helped to make this paper a hard-earned success. Although I am the researcher of the paper, the paper could not have been completed without the contributions of certain people who need to be mentioned and thanked here. I thank my supervisor for the guidance he has provided me with. His honest feedbacks have helped me to improve the quality of the paper considerably. I would also like to thank the authors of the literary sources I have cited in my work. I am also grateful to the respondents who participated actively into the surveys and helped me to complete this research. I would also like to express my gratitude towards my family and friends for their extensive support and honest feedbacks.
Abstract
This research paper has tried to explore the labor unions and binding arbitration within the police department with special reference to United States and has been titled as, LABOR UNIONS AND ARBITRATION WITHIN THE POLICE DEPARTMENT. The current paper aims at finding out the pros and cons of labor unions and binding arbitration. The paper is also aimed to analyze the impact of these unions and binding arbitration on the relationship of the police officials and their management as well as the relations of the police officers with the civil communities. The paper will describe several laws related to the formation of these unions and binding arbitration. Moreover, the labor unions and the associated laws in various states of United States have been discussed through this paper.
In order to provide authentic support to the arguments presented by the researcher, secondary literary sources have been referred to. To approach in a systematic order that is compatible with the demands of the research, the researchers has made use of positivism philosophy, descriptive design, deductive approach and primary research that includes both quantitative as well as qualitative data. The researcher selects the respondents through random probability sampling for quantitative data and convenient non-probability sampling technique for qualitative data. The collected data have been put to numerical tables and formulated charts, graphs and figures for better understanding.
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Table of Contents
Chapter 1: Introduction 8
1.0 Introduction 8
1.1 Background of Research 8
1.2 Research Rationale 11
1.3 Research Aim 12
1.4 Research Objectives 12
1.5 Research Questions 12
1.6 Significance of the Research 13
1.7 Outline of the Research Paper 13
Chapter 2: Literature Review 16
2.0 Introduction 16
2.1 Labor Unions and Arbitration 16
2.2 Pros and Cons of Labor Unions and Arbitration 17
2.3 Differences between the Labor and the Management 18
2.4 Binding Arbitration in Police Department 19
2.5 Federal Laws for Labor Unions in United States 20
2.6 Laws Governing Arbitration in United States 21
2.7 Police Labor Unions and Binding Arbitration in NY 21
2.8 Police Labor Unions and Binding Arbitration in FL 22
2.8 The Idea of Bill of Rights in FL 24
2.9 Suspension of Police Officers 27
2.10Progressive Discipline in Police Department 27
2.11 Broken Windows Theory 28
2.12 Case Laws 28
Chapter 3: Research Methodology 30
3.0 Introduction 30
3.1 Research Method Outline 30
3.2 Research Onion 30
Figure 3.1: Research Onion 31
3.3 Research Philosophy 31
3.4 Research Approach 32
3.5 Research Design 32
3.6 Research Strategy 33
3.7 Types of Research 33
3.8 Data Sources 34
3.9 Population, Sample, Sample Size and Sampling Techniques 34
3.10 Data Collection Methods 35
3.11 Data Analysis Techniques 35
3.12 Ethical Considerations 36
3.13 Accessibility Issues 36
Chapter 4: Data Findings and Analysis 37
4.0 Introduction 37
4.1 Analysis of Responses to Survey Questionnaire for Local Communities 37
4.2 Analysis of Responses for Survey Questionnaire to Police Employees 43
4.3 Analysis of Responses for Interview Question to Senior Officials 48
4.4 Current Cases on the News 48
Chapter 5: Conclusions and Recommendations 50
5.0 Conclusion 50
5.1 Linking Objectives with Findings 50
5.2 Recommendations 51
5.3 Limitations of the Research 52
5.4 Future Scope of the Research 52
References 53
Appendices 57
Appendix 1: Timeline 57
Appendix 2: Survey Questionnaire 1: For Local Communities 59
Appendix 3: Survey Questionnaire 2: For Police Employees 60
Appendix 4: Interview Question with Senior Police Officials 63
Chapter 1: Introduction
1.0 Introduction
In the recent times, it has been observed that interactions between police unions and executives of police have an impact on almost all the aspect of law enforcement including public issues and public image of policing along with management of budgets. To work on all these issues it is important to maintain a civil working relationship between police leaders and labor chiefs. There are several instances where the labor officials and police chiefs have worked in coordination with each other so that the interests of the police department and the community as a whole can be safeguarded. However, to cultivate and maintain such a relation is quite challenging.
It is vital to turn the focus inward and focus on the interactions happening within the police department between labor unions and management of police. There internal relationships have a direct impact on various aspects of policing including management of budgets and development of policies regarding discipline. The labor unions and police officers within the police department have mixed reactions regarding their relationship with one another. Some are of the view that they enjoy this open door communication without any personal acrimony while others are of the view that they do not like the arguments about certain issues, which slowly starts turning into personal arguments.
1.1 Background of Research
With the changing leadership methods and styles, it became extremely important to give police officers a voice within the police department. The mutual confidence between the chief officers and the ordinary people was not much appreciated. The police employees therefore needed an outlet where they can come up with their grievances and protect their basic human rights. They also wanted that their voices should be heard when it comes to providing inputs into their profession. Therefore, labor unions within the police department came into practice. These unions were capable of hindering arbitrary powers form the top-level management. The call for unionization began in the early 1900s (National Criminal Justice Reference Service, 1977). The first attempt to form unions was during the years 1900-1930s, which was also marked as the period for World War II. The second attempt was made in the 1950s and the unrest continued until 1970s.
The calls for labor unions within the police department were because of the low pays and the poor working conditions. The first campaign that leads the movement to its peak was Boston Police Strike in the year 1919 (JSTOR, 1947). The campaign however could not succeed. It was much later that a new form of leadership occurred through the association of the patrol officers in major cities. This helped to weaken the political pressure considerably and the unions finally got some recognition. This was a major victory scored in New York City in the year 1964. The patrol officers’ benevolent association and the Fraternal Order of Police were transformed from pressure groups into labor unions (JSTOR, 1998).
Participative management strategies are now being practiced that bring together the stakeholders and helps making collaborative decisions leading to better labor-management relationship. This helps to improve public services and build strong employee commitment. The growing influence of the labor unions on law enforcement allows it to administer many agencies (Ahlquist, 2017). In USA, it has been observed that labor unions are being excluded from strategic decision-making processes in the police agencies. Though the management style has changed over a period, the autocratic top down management style of the previous administrators led to poor relationships between the labor unions and the police administrations.
Later, it was because of the efforts of the leadership team that the relations between the management and the labor turned into a peaceful partnership. However, the new modes of policing exasperate sources of strain that exists between police management and labor in law enforcement. It is believed that both management and labor should have their voices being heard in employee issues and when new policies and procedures are being formulated. Police chiefs who experienced conflict with employees and their organizations and those that did not may have different perceptions of police labor-management relations (Ashenfelter&Hyslop, 2001).
Arbitration within the police department on the other hand focuses on the fact that efforts must be made to settle the issues outside the court through negotiation (Ashenfelter & Hyslop, 2001). It is a common clause in union contracts and act as a speedy as well as less expensive alternative to lawsuits or court cases. The system of arbitration within the police department is supported by both, the management as well as by the unions. It helps to maintain a balance between the police department as well as the labor at a large. Arbitration is used in two types of situations as stated below:
1. As disciplinary action/sphere
2. Arbitration is also use as a way to reach agreements between departments and labor and other contracts.
1.2 Research Rationale
The issue is that the police officers and the union leaders have different views and opinions regarding the labor-management relationships in the police department. The labor unions within the police department have a troubled relationship with civil communities as well in many states. Moreover, some of the employees themselves consider the labor unions as an unfair means of exercising the powers the police has. Binding arbitration within the police department is appreciated by some while others consider it to be an unfair means of resolving the conflicts.
Though the relationship has started turning into partnership slowly, there still exist many differences between the two. The typical police chief believes that police employee organizations tend to limit the power exercised by the management. An average chief is of the perception that reaction of police employee organizations must be considered and they should have a voice in formulating new policies and procedures and while resolving issues related to the employees (Fogelson, 1977).
Civil communities living in different states have faced several issues in the past that have continued till date due to the labor unions within the police department. It becomes difficult to fire the bad cops. Some of the cops consider themselves to be the supreme power and misbehave with the common people as well as with the victim. It is becomes difficult to get a complaint registered against the police officers involved in such cases. Arbitration on the other hand helps to resolve the issues through mutual consent without dragging the matter into court and helps to maintain a balance between the two parties.
The current research will shed light on the changing relationships of the labor unions and the officers within the police department. The current research shall also highlight the role and importance of arbitration within the police department. This will help to develop a better understanding of the labor unions and arbitration within the police department.
1.3 Research Aim
Labor unions have given the employees a platform to speak up for their rights of fair salaries and better working conditions. Moreover, arbitration in police department is gaining popularity day by day. The aim of this research is to assess the effects of labor unions on the relations of the officers and the employees and the relations between the officers and the local communities.
1.4 Research Objectives
The research aims to achieve certain objectives, which have been listed below:
· To understand labor unions within the police department
· To understand arbitration within the police department
· To identify the differences between labor and management relationships
· To understand the federal laws affecting the labor unions
· To critically analyze the impact of labor unions and arbitration on the police department
· To suggest appropriate recommendations to bridge the gap between labor and management relationships, turning it into a partnership
1.5 Research Questions
The key research questions that shall be answered through this paper are:
· What are labor unions within police department?
· What is arbitration within police department?
· What are the differences between the labor unions and the management?
· What federal laws affect the labor unions?
· How will labor unions affect the labor-management relationship and its impact on effective policing?
· What can be done turn the labor and management relationship into a partnership?
1.6 Significance of the Research
The current research will help to develop a better understanding of the labor unions and their importance in the police department. The federal laws analyzed to conduct this research will help to know the labor unions in different states and the important reforms that transformed the face of labor unions. The research will also help to highlight the fact that arbitration is mandatory within the police department.
1.7 Outline of the Research Paper
The research paper has been divided into 5 major sections to conduct systematic assessment of the research topic. The first topic is introduction, in which the general overview of the research has been highlighted along with research rationale and significance of the research being conducted. The next section of the report shall highlight the history of labor unions within the police department. The following section of literature review shall shed some light on the detailed assessment of the research topic based on several laws and reforms associated with the topic of the research. The next section of research methodology will help define the tools being used to conduct the research in a logical manner and will include the justification for the selections made. In the next section of data-findings and analysis, the data or information gathered has to be analyses to align the research topic with the external data. The final section titled conclusion and recommendations will highlight the results and will provide some valuable and appropriate suggestions based on the data collected and the analysis done.
Figure 1.1: Structure of the Research
(Source: Researcher)
Chapter 2: Literature Review
2.0 Introduction
In order to gain insight into the research topic a wide range of literary sources have been referred and accessed to make in depth comprehension of the chosen topic. This literature review has given a literary foundation to the research, based on which the research topic could be analyzed, verified and criticized as and when required. Through this literature review, independent topics have been discussed, which have then been arranged into an interlinked pattern to provide a better understanding of the overall research topic. Through this section, efforts have been made to discuss the research topic in the light of the research topic variables. The labor unions started to come into existence against the injustice done to the people and to fight against inequality. It was only in the year 1970, when public officials became part of the labor unions to fight for their basic rights.
2.1 Labor Unions and Arbitration
Labor unions sometimes also referred to as the police unions were formed to ensure that there is impartial enactment of labor laws that protects the basic rights of all the employees who are a part of the union. It covers diverse areas like overtime pay; minimum wages, health and retirement coverage, civil rights and many more. According to the Texas Public Policy Foundation (2020), Labor unions within the police department have benefitted the members of these unions in terms of working conditions and pay. Another major purpose of these labor unions is to reform policing and the image of police officials in the eyes of the local communities. The labor unions within the police department are no different from the labor unions in other departments as they advocate for their members.
Though police officials state that their union is meant to safeguard the rights of the police officials and to provide these employees with an opportunity to make their voices being heard, several people from the community have protested against these rights (Fisk & Richardson, 2017). They criticized the police unions or the labor unions for defending their members and demanded an end of binding arbitration for police officers. Arbitration within the police department means a process where the parties who have entered into a dispute agree that one of the individuals can make the decision after hearing the arguments and considering the evidences available. In the opinion of Mark Iris (1999), the final action in a disciplinary case involving a police officer is neither taken by the chief of police, the mayor or the civilian review board but by an arbitrator. The only shared feature in this case is the commitment by both management and the officers through their labor unions or police associations.
2.2 Pros and Cons of Labor Unions and Arbitration
With the increasing tensions between the police and the local community, it has been observed that labor unions and arbitration within the police department have come under scrutiny. There is no doubt that labor unions have brought several benefits for the employees but the fact that these unions have sometimes being used to safeguard the bad cops cannot be ignored
(Delaney & Feuille, 1985). After the unions were being formulated, several human rights and civil rights of the police officers were safeguarded. They were provided salaries they deserved and were provided with several benefits that insurance, retirement plans, education facilities, heath facilities and several other fringe benefits. The unions have also provided the employees with a platform where they can make their voices being heard (Mas, 2006). These unions have also provided the employees with the right to participate into the policy-making procedure of the department.
However, the local communities often protest against these unions as they believe that these unions protect the bad cops and tend to worsen the race relations even more (Adams, 2016). The rules and regulations of the labor unions within the police department makes it difficult to fire the cops who have been found involved in anti-disciplinary actions (Levin, 2020). A true incidence to reflect this was reported by the Reason magazine. It was mentioned in one of the articles that Edward Krawetz, one of the officer from the Lincoln Police Department kicked a handcuffed women whom he arrested in the year 2009. As punishment of this he received a 10 year sentence and was convicted of battery. However, his sentence was dismissed and he was allowed to carry his job as an officer. All this was possible because the union protected his rights. Labor unions in the police department are also accused of provoking racial riots.
2.3 Differences between the Labor and the Management
The typical police officers often believe that the labor unions have limited the powers of the management. The typical police chief believes that police employee organizations tend to limit the power exercised by the management. An average chief is of the perception that reaction of police employee organizations must be considered and they should have a voice in formulating new policies and procedures and while resolving issues related to the employees. The average chief does not believe that police employee organizations and unions are not accountable to the public. The average chief does not have the trust that the employees can make good decisions. A typical chief on the other hand is of the belief that employees in the department have their voices being heard in decisions regarding new policies (OnLabor, 2017). The labor union movement usually brought a lot of anger and violence with it and the government often took strict actions to suppress this movement. The deputies used violent methods to force the union leaders to end their strike.
2.4 Binding Arbitration in Police Department
Binding arbitration in the police department means that the disputing parties agree to accept the decision of the arbitrator without entering into trial. In the case of binding arbitration, the parties have no right to appeal the decision taken by an arbitrator. The decision of the arbitrator in this case final and does not requires the consent of the parties to be declared as final. The binding arbitrations for the police department in case of employee disputes state that the employees are not allowed to be a part of strikes against the city (Nam, 2018). The City and the representatives of the employee organization may stipulate to have the issues resolved by a single arbitrator agreed upon by the parties (JSTOR, 1998). If the parties are unable to agree to a single arbitrator, then within fourteen days after either party has notified the other in writing that it desires to proceed to arbitration; each party shall select and appoint one arbitrator to the Arbitration Board. New York state has been practicing this for 40 years now and entitled to seek compulsory binding “interest arbitration” of contract impasses, a form of dispute resolution not available to most public employees outside the public safety field.
The factors that are considered by an arbitrator to reach to a decision in the order of importance and priority are as stated below:
1. State and federal laws applicable to the particular city or geographic region
2. Local ordinances or rules and regulations
3. Stipulations of the parties involved
4. The welfare of the public and their interest along with the financial abilities of the city
5. Comparison of the wages, hours, and conditions of employment of the employees involved in the arbitration with the wages, hours, and conditions of employment of other employees performing similar services in comparable cities
6. The local cost of living or the consumer price index for goods and services
7. The overall compensation received by the employees in the current scenario such as vacations,...