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Main Page Worcester Police Union Seeks Decertification
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Posted by: fscpd907

Police union seeks decertification

Rival group ready to represent patrol officers

By Shaun Sutner TELEGRAM & GAZETTE STAFF
ssutner@telegram.com

WORCESTER— More than half of the Police Department’s 350 patrol officers have signed cards requesting an election next month to drop the union that has represented them for the last three decades.

The upcoming decertification election will further delay the start of contract talks between the city administration and the restive officers union, which has been working without a contract since June, when the last three-year labor pact ran out.

It is unclear how a new union would approach the bargaining table with City Manager Michael V. O’Brien, who extracted key concessions in the last contract, such as deleting a “re-opener” clause that had allowed the union to renegotiate if any other municipal union got a better deal, and higher employee health insurance contributions.

Some members of the police union are said to be angry about the Fire Department contract settlement earlier this year that they think was more generous than the one to which the police agreed in 2005 and served as a model for Mr. O’Brien’s negotiations with the other city unions.

A rival union, the New England Police Benevolent Association, is seeking to replace the current union, the International Brotherhood of Police Officers, arguing that it will provide better legal representation in contract bargaining and for officers involved in grievance claims and discipline cases.

A third option could also be possible: dissolving the current International Brotherhood of Police Officers Local 378 and replacing it with an independent police association, such as the one that represents Boston police officers.

The Lowell-based New England Police Benevolent Association, which is part of the AFL-CIO labor organization and the International Union of Police Associations, broke away from the International Brotherhood of Police Officers two years ago and has persuaded about a dozen local police and corrections unions in Massachusetts and New Hampshire to join it since then.

The International Brotherhood of Police Officers is part of the National Association of Government Employees and the Service Employees International Union, which recently broke from the AFL-CIO to form the Change to Win labor federation. While the International Union of Police Associations is larger nationally, the International Brotherhood of Police Officers has historically had a stronger presence in New England.

The Police Benevolent Association filed a decertification petition with the state Labor Relations Commission in September, according to Gerald J. Flynn Jr., a Lowell police officer and former International Brotherhood of Police Officers vice president who is executive director of the PBA.

“They approached us with multiple questions about the lack of appropriate legal representation from the IBPO,” Mr. Flynn said.

The decertification campaign is partly the result of squabbling between the two unions over the services of veteran labor lawyer Richard K. Sullivan, who has been retained by the International Brotherhood of Police Officers for many years and has handled the Worcester local and other International Brotherhood of Police Officers chapters.

Mr. Sullivan has recently been in talks with the new union. Meanwhile, leaders of the Local 378 in Worcester are trying to hire him on their own as legal counsel to an independent police association or to pay him themselves as part of a local International Brotherhood of Police Officers chapter rather than through their parent organization, the state International Brotherhood of Police Officers, sources said.

Leaders of Local 378 declined to comment.

David Bernard, director of the state International Brotherhood of Police Officers, said the group is not trying to avert the election, and that it will abide by its outcome. But Mr. Bernard accused the rival union of using “misinformation” and “misleading statements” to induce more than 175 officers to request a decertification election.

“We welcome the campaign. We’re trying to run a vigorous campaign,” Mr. Bernard said. “I don’t think anyone in any way, shape or form is trying to silence the vote of the 350 men and women of the Worcester Police Department. We’re proud of our accomplishments.”

Mr. Flynn, meanwhile, denied that his union has used underhanded tactics. And he maintained that members of International Brotherhood of Police Officers locals across New England are unhappy with the dues structure of the union, saying that much of the dues money gets funneled to National Association of Government Employees and the Service Employees International Union, which represent tens of thousands of state, federal and private employees who have nothing to do with police work.

Mr. Bernard, of the International Brotherhood of Police Officers, declined to comment about the dues issue.

“Quite frankly, they’re not representing police officers,” Mr. Flynn said of the current Worcester police union.

Contact Shaun Sutner by e-mail at ssutner@telegram.com.

Posted by: Delta784

If you're large enough (and Worcester certainly is), independent is the way to go.

Posted by: mpd61

good idea....
LRC is about three years behind on severance cases though. Hang in there

Posted by: SinePari

Quote:

Originally Posted by Delta784

If you're large enough (and Worcester certainly is), independent is the way to go.

What about legal counsel? How can a mid-sized department's union afford a big-time law suit? I don't know much about it but it would seem better to keep a larger affiliation with the concerted financial backing for said counsel.

Posted by: jndaniel

What about the FOP?

Posted by: Chief Wiggins

I know Fall River just switched from private lawyer to MassCop.

I know a couple mid size department (60-90) have a private attorney on retainer, and pay significantly less than MassCop. Speaking with one union offical they are happy with their lawyer, he is close, present for every negotiation, and grievance. I agree with the thought what if a large lawsuit is brought up but we do have the legal defense fund.

My dept (30 Officers) is MassCop for the most part I believe everyone is are content but we have been looking at alternatives, MassCop is there for us but it seems the first repsonse from them is "try and settle it first if not we will come down". Even if we did give serious consideration to swiatching man guys are reluctent to move because they feel their is strength in numbers with MassCop.

Posted by: Delta784

Quote:

Originally Posted by SinePari

We're on the small side of independent (150+), and our labor firm is on Bromfield Street in downtown Boston; top notch. Between dues (which we keep 100% of) and public fundraisers, we're more than able to afford excellent counsel.

As for lawsuits, we got the city to accept the MGL that indemnifies police officers acting within the scope of their duties, so the city pays the tab for our litigation firm (Beacon Street).

When I was with the Boston Housing PD, they were IBPO and it was AWFUL. They had a revolving door of lawyers who were inevitably just out of law school and had the shelf life of a gallon of milk. The IBPO tried to recruit us a couple of years ago, and I laughed them out of the station.

Posted by: Deuce

[quote=SinePari]What about legal counsel?[quote]

The city sends over their "legal counsel" who's only interest is saving the city money. Couldn't give a shit about the cop.

The union.. Well the union sends over umm.. The union sends..... Someone usually totally clueless and asks if you called the city lawyer.. Then he leaves...

You know that lawyer you pay for through the FOP? I highly recommend one..

Posted by: 94c

I was surprised when I heard Worcester doesn't have their own Union.

We are not as big as theirs but we do fairly well.

We have a Union attorney, Indemnification (hopefully), and for a lousy $5.00 a week there's the Legal Defense Fund.

As far as lawsuits, most cops pockets aren't as deep as the city's. Granted the city is looking out for it's own best interests, but sometimes that interest entails covering my ass also.

[quote=Deuce][quote=SinePari]What about legal counsel?

Quote:

The city sends over their "legal counsel" who's only interest is saving the city money. Couldn't give a shit about the cop.

The union.. Well the union sends over umm.. The union sends..... Someone usually totally clueless and asks if you called the city lawyer.. Then he leaves...

You know that lawyer you pay for through the FOP? I highly recommend one..

A department this size and they rely on the city attorney?
OUCH!

Quote:

Originally Posted by SinePari

We are smaller than Worcester and are an independent Union. We've had the same attorney for quite a few years.
(The same guy you just shit-canned)

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