LivingWorks ASIST (two days) provides the most in-depth, practical intervention skills. Learners learn how to engage directly with a person thinking about suicide, reduce immediate risk and co-create a personalized Safety Plan that promotes hope, safety and connection. 

The Mandt System’s Technical level curriculum teaches essential skills in safely managing physical interactions, including the use of physical restraints when needed. Participants learn how to determine the purpose and procedures for the appropriate use of physical interaction as well as to distinguish between nonphysical assistance and physical assistance.

Rent Well, a program of Transition Projects, is a 15-hour tenant education curriculum that provides individuals with the support, knowledge, and expertise they need to become successful tenants. These sections cover everything from Fair Housing Laws, the rental screening process, how to talk to a potential landlord about screening barriers, credit repair and building, how to maintain a healthy home, the eviction process, and much more.

This is only a dream.

To: City Manager, City Attorney, Police Chief, Fire Chief

Introduction:

The union of unions, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) calls the right to collective bargaining an “enabling” right, meaning it is “a fundamental right that ensures the ability to protect other rights.” (n.d.) That is why collective bargaining negotiations involve more than just wages, they also involve advocating for or against policies that affect workers. Soon we will be asked to sit at the table with our firefighter and police unions, and I am submitting this memo to the City Council to highlight one aspect of collective bargaining negotiations we must address: misconduct.

This memo will discuss a brief history of negotiations, focusing on the policies that created the current state of industry regulation. I will review potential challenges and present research regarding best practices. With my recommendations, I will argue that protections against allegations of misconduct should be prohibited from collective bargaining negotiations, and discipline should be delegated to a committee of internal and external authorities. I will also recommend peer programs, contract language, and procedural requirements to monitor accountability.

Historical and Policy Background:

Alongside the civil rights movements, labor activity exploded and secured collective bargaining rights for firefighter and police unions in the ‘60s. During that era, the Fraternal Order of Police (FOP) and the Patrolman’s Benevolent Association adamantly argued for internal review policies, using lobbying and lawsuits to prevent external oversight. Winning those victories led to more protections that insulate workers from legitimate investigations, prevent terminations, and limit record-keeping. (Hardaway, 2022)

A local example of a Collective Bargaining Agreement (CBA) between the city of Pueblo and the International Brotherhood of Police Officers Local 537 states, “36. 6 If an employee has not received a disciplinary action, excluding demotion, suspension or dismissal, for a period of three (3) years, he/she may request that all disciplinary action, excluding demotion, suspension and dismissal, over three ( 3) years old be removed from his/her file maintained in the City Personnel Department.” (2020, p 48) These types of policies make it difficult to monitor bad behavior.

Challenges:

The greatest hurdle will be facing backlash from the unions. History has shown there will be very strong resistance to external oversight, and the unions will likely spend hundreds of thousands of dollars acting as a political action committee, leveraging massive social and financial capital to fight oversight legislation. (Hardaway, 2022) Dudeck writes in Catch 22: Relations Between Labor Unions and Management in Public Safety, “Overreach of authority and use of legal protections to force changes in the workplace can produce a toxic environment that makes positive collaboration difficult.” (2020, p14)

Removing the right to bargain over disciplinary practices could cause workers to withdraw their commitment to their duties, as an Aurora union representative reported 10% of their firefighters – 25 workers – chose to step away from their paramedic role in the wake of the prosecution of paramedics in a high-profile death in the custody of police and paramedics. (Levy, 2024)

Should PSW unions continue business as usual, other labor organizations may choose to withdraw their support for chapters that do not uphold their collective values. There have been strong calls for the AFL-CIO to remove some PSW unions as members, and in Seattle, a labor council expelled the Seattle Police Officer’s Guild. (Unger, 2020)

Review of Best Practices:

The AFL-CIO emphasizes at the conclusion of their “About Us” statement, “We fight for social and economic justice and strive to vanquish oppression in all its forms.” (AFL-CIO, n.d.) A report from the AFL-CIO named Public Safety Blueprint For Change says, “The labor movement recognizes the lack of mechanisms for local unions to hold wrong-doers accountable and protect the profession that has contributed to the public’s poor view of police unions and tarnished the reputation of the profession.” To address these challenges, the AFL-CIO created a U-LEADS program to empower union members to hold their peers accountable. They also recommend public safety agencies adopt a Differential Police Response (DPR) that involves dispatching other support services for some calls. (AFL-CIO, 2021)

There is little research about PSW unions and oversight, according to Samual Walker. “It is not known to what extent unions and certain provisions of collective bargaining agreements impede accountability.” He suggests more research asking, “Are there particular provisions of collective bargaining agreements that inhibit thorough and fair misconduct investigations?” David Unger’s work in Which Side Are We On: Can Labor Support #BlackLivesMatter and Police Unions? suggests “[barring] collective bargaining over any subject that implicates use of force, including overall disciplinary matters …[and] curtailing police and carceral unions’ political activities and spending.” (2020, p 34)

Rocha Beardall discusses Citizen Review Boards (CRB) as regulatory mechanisms, saying, “CRBs can effectively implement police accountability if they are permitted to do so without inter-organizational constraints from social actors and policies within the police legitimacy regime… Key obstacles to effective civilian oversight include …continued backlash from police unions and leadership…” (2022) We should be prepared to face resistance, but that should not deter us from insisting on certain demands.

Recommendations:

Like many other industries, the public safety sector has shown it cannot self-regulate; compare it to allowing offenders absolute control over their own investigation and punishment, or factories governing the Environmental Protection Agency. PSW unions should absolutely contribute to the conversation, but the jurisdiction over public safety accountability should be shared among internal and external authorities. Community members should have a significant role in such oversight, which is why I am recommending CRBs be included in our CBA. Additionally, policies that protect perpetrators of violence must be removed from the bargaining table, including protections against transfer, termination, and record expungement.

I also recommend using language in the CBA that details professional standards and expectations of upholding the labor movement’s foundational tenets of solidarity against all forms of oppression and exploitation. We should ask our PSW unions to adopt the AFL-CIO’s U-LEADS initiative and advocate for support services using a DPR. Taking cues from the agreement between the FOP and Montgomery, Maryland, I also recommend body cameras and mobile video systems be a requirement of the contract. Senior union members can work to change the culture of the workplace by promoting mental health services and specialized training, such as crisis intervention training. Leaders should model their professional ethics and foster an environment of accountability.

To overcome the objections of the unions, we need to make some concessions of our own. This will mean higher salaries, better benefits, and appropriate staffing. We should be incentivizing the utilization of these programs by offering bonuses or overtime allowances for participation. Most importantly, union members should have access to resources for legal defense and advocacy, but the provider should be a third party funded by, but not affiliated with, the union. The union should not be making public statements of support for workers accused of misconduct unless exonerated by reputable investigators and arbiters.

Conclusion:

From the very start of our collective bargaining deliberations, the City Council must communicate that accountability is non-negotiable. We can do that by removing abuse investigation protections from CBAs, mandating CRBs, and encouraging U-LEADS programs. Creating a culture of accountability will require mutual cooperation, and I know we can build strong relationships with our PSW unions by addressing their concerns, providing competitive salaries and benefits, promising third-party advocacy, and providing DPR support services to lighten their loads. Let’s keep our reputation of integrity and codify our values into our labor agreements with the workers we trust with our lives.

References

American Federation of Labor and Congress of Industrial Organizations AFL-CIO. (n.d.). Collective Bargaining. Retrieved April 17, 2024, from https://aflcio.org/what-unions-do/empower-workers/collective-bargaining

AFL-CIO. (2021). Public Safety Blueprint for Change. https://aflcio.org/reports/public-safety-blueprint-change

Civilian Complaint Review Board. (n.d.). Retrieved April 20, 2024, from https://www.nyc.gov/site/ccrb/index.page

Collective bargaining agreement between city of Pueblo and International Brotherhood of Police Officers Local 537. (2020). https://www.pueblo.us/AgendaCenter/ViewFile/Item/26550?fileID=92878

Dudek, M. (2020). Naval Post-Graduate School, Monterey, California Thesis – Catch 22: Relations between labor unions and management in public safety. https://apps.dtic.mil/sti/trecms/pdf/AD1126407.pdf

Hardaway, A. B. (2022). The rise of police unions on the back of the black freedom movement. In Connecticut Law Review (Vol. 55, Issue 1). http://www.law.case.edu/ssrnhttps://ssrn.com/abstract=4052024Electroniccopyavailableat:https://ssrn.com/abstract=4052024

Levy, M. (2024). Aurora Fire says 10% of city paramedics limit medical roles because of Elijah McClain verdict – Sentinel Colorado. Sentinel. https://sentinelcolorado.com/metro/aurora-fire-says-mcclain-verdicts-have-prompted-10-of-city-paramedics-to-limit-medical-roles/

Montgomery County. (2023). Agreement between Fraternal Order of Police. https://www.montgomerycountymd.gov/OLR/Resources/Files/FOPCBAFY24-FY25FirstYear.pdf

New York City Police Department. (2022). New York City Police Department Disciplinary System Penalty Guidelines. https://www.nyc.gov/site/ccrb/index.page

Police hiring, training, and disciplinary requirements by state and city. (n.d.). Ballotpedia.Com. Retrieved April 18, 2024, from https://ballotpedia.org/Police_hiring,_training,_and_disciplinary_requirements_by_state_and_city

Rocha Beardall, T. (2022). Police legitimacy regimes and the suppression of citizen oversight in response to police violence. Criminology, 60(4), 740–765. https://doi.org/10.1111/1745-9125.12321

Unger, D. (2020). Which side are we on: Can labor support #BlackLivesMatter and police unions? New Labor Forum, 29(3), 28–37. https://doi.org/10.1177/1095796020950309

Walker, S. (2007). Police accountability: Current issues and research needs. https://www.ojp.gov/pdffiles1/nij/grants/218583.pdf

Appendix

Fig.1

Fig. 2

Fig. 3

Fig. 4

Example of Investigation Notification Memorandum

Note the Notice of Rights

Suggested Changes: Third Party Advocate Funded By Union, CRB Investigation

Fig. 5

To: City Manager, City Attorney, Police Chief, Fire Chief

Introduction:

I am writing this memo to prepare the City Council for negotiations with our Department of Water and Power (DWP) union representatives. I will be making suggestions for the Collective Bargaining Agreement (CBA) that will support the dedicated employees of the DWP in their integral role in providing healthy drinking water to over 20,000 community members. First, I will contextualize our discussions within a historical framework. Then, I will acknowledge present challenges, review best practices, and propose recommendations for a collaborative negotiation.

Historical Background:

The American Federation of State, County & Municipal Employees (AFSCME) has roots dating back to the 1930’s, with Colorado represented by Chapter 18. (AFSCME, n.d.) The Utility Workers Union of America (UWUA) was chartered in 1945, and Colorado is represented by District 5. Colorado has a long history of pro-union legislation, starting in 1943 with the Labor Peace Act, which prohibited any interference with unionization. (Colorado Department of Labor and Employment, 2024a) Under the Colorado Partnership for Quality Jobs and Services Act, the Division of Labor and Statistics within the Colorado Department of Labor and Employment (CDLE) has the authority to investigate and litigate labor violations. (Esga, Arnd, Becker, Benavidez, Bird, et al., 2020) A recent law named Collective Bargaining by County Employees (COBCA) allows public works employees the right to negotiate CBAs. However, many counties do not meet the population criteria, meaning “only 38 of Colora-do’s 64 counties will be allowed to form a union if they choose.” (Heres & Lee, 2022) With 20,000 residents, our city does surpass the 7,000 minimum; thus, it is important we familiarize ourselves with COBCA and anticipate our DWP workers will organize.

Present Challenges:

Balancing union demands with fiscal responsibility presents a significant challenge. Some argue that “public sector unions have greatly distorted state spending priorities and made it more difficult for states to devise innovative public goods that would benefit their citizenry as [a] whole.” (Mcginnis & Schanzenbach, 2010) Investing in higher wages means divesting from other priorities and redirecting limited resources away from our infrastructure and improvement projects.

Another reality that must be addressed is the long, sometimes frustrating, initial agreement timeline. The US Department of Labor reports that only 36% of new unions reach their first contract within one year, 58% within two years, and 66% within three years.(2023) There is also the potential of reaching an impasse, where negotiations stall due to conflict over the terms of the agreement.

Review of Best Practices:

The National Labor Relations Board (NLRB) details a long list of prohibited practices: do not “engage in bad-faith, surface, or piecemeal bargaining… refuse to furnish information the union requests,… [or] modify any term of a collective-bargaining agreement without the union’s consent.” (n.d.) Heres and Lee describe the responsibilities of the county organization, including requiring union representation during disciplinary investigations. (2022) The CDLE published Interpretive Notice & Formal Opinion (“INFO”) #5B detailing the regulations regarding displaying CDLE posters describing labor rights. (CDLE, 2024d)

Additionally, county organizations are required to include arbitration in the terms of their CBA. Should the negotiations reach an impasse, there are two options. The first is mediation, where both parties agree to a mediator or utilize the Federal Mediation and Conciliation Service and split the cost. If mediation fails, a party may request a fact-finder who will recommend a solution. (CDLE, 2024b)

Recommendations:

Our workers are also our community members, meaning they are both personally and professionally invested in their work, we should invest in them. I recommend the following priorities for inclusion in the collective bargaining agreement:

Promote a culture of collaboration and deliberation in decision-making processes, ensuring workers’ insights and perspectives are integrated into strategic planning and policy development. By inviting workers to participate in executive decision-making, the organization benefits from their buy-in and commitment. Given potential budgetary limitations, it’s essential to be strategic about allocating resources to balance the needs of the DWP employees with the city’s fiscal responsibilities. I recommend solutions such as outcome-based incentives or non-monetary benefits to supplement compensation while ensuring infrastructure projects are adequately funded.

Prioritize regular meetings and updates to ensure that all parties are informed about the progress and challenges of the negotiation process. This consistency will help build trust and understanding, ultimately facilitating smoother negotiations. Although it is required by law, displaying worker’s rights is good practice to promote transparency.

Conclusion:

In conclusion, I urge the City Council to prioritize the negotiation of a fair and comprehensive collective bargaining agreement with the DWP. It is crucial that we work collaboratively with the employees of the Water Department to address these challenges effectively. A fair and equitable collective bargaining agreement will not only acknowledge the hard work and dedication of our water utility workers but also provide them with the necessary resources, support, and incentives to continue their important work safeguarding public health.

References

AFSCME Council 18: Colorado. (n.d.). About Us. Retrieved April 21, 2024, from

https://www.afscme18.org/colorado/about-us

American Federation of State, C. & M. E. (n.d.). History _ American Federation of

State, County and Municipal Employees (AFSCME). Retrieved April 23, 2024,

from https://www.afscme.org/about/history

Colorado Department of Labor and Employment. (n.d.). DEPARTMENT OF

LABOR AND EMPLOYMENT DIVISION OF LABOR STANDARDS AND

STATISTICS COLLECTIVE BARGAINING UNIT PETITION. Retrieved April 23,

2024, from https://cdle.colorado.gov/sites/cdle/files/CBU-

Certification%20election%20petition%20Aug%202016.pdf

Colorado Department of Labor and Employment. (2020). The Colorado

Partnership for Quality Jobs and Services Act Unfair Labor Practice Complaint.

https://cdle.colorado.gov/sites/cdle/files/ULP Complaint2.pdf

Colorado Department of Labor and Employment. (2024a). INFO # 15A: Colorado

Labor Relations Rules and Procedures.

https://cdle.colorado.gov/sites/cdle/files/INFO %2315A Colorado Lab

or%20Relations%20Rules%20and%20Procedures%2010.21.22%20accessible.p

df

Colorado Department of Labor and Employment. (2024b). INFO #5 Summary –

Retaliation or Interference Against Exercising Labor Rights 02.15.2024

accessible.

https://cdle.colorado.gov/sites/cdle/files/INFO %235 Summary –

%20Retaliation%20or%20Interference%20Against%20Exercising%20Labor%20

Rights%2002.15.2024%20accessible.pdf

Colorado Department of Labor and Employment. (2024c). INFO #5A: What’s

“Retaliation” or “Interference”: What Activity Is Protected? What Acts Are Illegal?

https://cdle.colorado.gov/sites/cdle/files/INFO %235A Retaliation Prot

ections%2002.15.2024%20accessible.pdf

Colorado Department of Labor and Employment. (2024d). INFO #5B:

Compliance Duties: Notice and Postings p.2/3 (A) Notice of Whistleblowing and

Personal Protective Equipment. https://cdle.colorado.gov/sites/cdle/files/CBU-

Certification%20Employee%20Aug%202016.pdf

Colorado Department of Labor and Employment. (2024e). INFO #5C Complaints,

Investigations, & Remedies.

https://cdle.colorado.gov/sites/cdle/files/INFO %235C Complaints%2C%2

0Investigations%2C%20%26%20Remedies%2002.15.2024%20accessible.pdf

Colorado Department of Labor and Employment. (2024f). Interpretive Notice &

Formal Opinion (“INFO”) #15B.

https://cdle.colorado.gov/sites/cdle/files/INFO %2315B County Collec

tive%20Bargaining%2006.08.2023%20accessible.pdf

Esga, Arnd, Becker, Benavidez, & Bird. (2020). HOUSE BILL 20_1153

COLORADO PARTNERSHIP FOR QUALITY JOBS AND SERVICES ACT.

Heres, J., & Lee, L. (2022). Unionization of Public-Sector Jobs in Colorado_ The

Collective Bargaining by County Employees Act.

2705278/2/16

Mcginnis, J. O., & Schanzenbach, M. (2010). The Case Against Public Sector

Unions. In POLICY REVIEW (Vol. 162).

http://www.hoover.org/publications/policy-review/article/43266

National Labor Relations Board. (n.d.). Bargaining in good faith with employees’

union representative (Section 8(d) & 8(a)(5)). Retrieved April 23, 2024, from

faith-with-employees-union-representative

Office of Labor-Management Standards. (2023). OLMS Fact Sheet Labor-

Management Reporting and Disclosure Act.

US Department of Labor. (2023, April 5). Helping Employers and Workers Build

Relationships and Reach Agreements. https://blog.dol.gov/2023/04/05/helping-

employers-and-workers-build-relationships-and-reach-agreements

The final report, Homelessness in the Fox Cities: Reflections from the Shelters and the Streets, explores the barriers and gaps faced by unhoused individuals in the Fox Cities area of Wisconsin, as well as the efficacy of services provided by the Fox Cities Housing Coalition (FCHC). The coalition, comprising 26 agencies, partnered with a research team from the University of Wisconsin Oshkosh to investigate these issues through participant-driven photo-elicitation (PDPE), qualitative interviews, and surveys of service providers.

The findings highlight significant internal and external barriers to housing. Internal factors, such as disabilities, mental health challenges, and financial instability, often hinder individuals’ ability to secure housing. External barriers include systemic limitations, such as the shortage of affordable housing, restrictive eligibility criteria, and reliance on unstable temporary jobs. Participants described a recurring cycle of homelessness, where temporary employment and housing efforts often led to eventual displacement and a return to shelters. Although services like workforce development programs, transportation vouchers, and temporary shelters were praised, criticisms emerged regarding long waiting lists, restrictive program requirements, and inadequate mental health resources. Some participants also cited negative interactions with law enforcement in public spaces as a significant challenge.

Service providers expressed concerns about increasing workloads and the growing demand for services, exacerbated by a lack of affordable housing and insufficient staff. While many agencies reported strong interagency collaboration, they also highlighted areas needing improvement, such as streamlining application processes, creating centralized intake systems, and securing additional funding for staffing and resources.

The report recommends expanding affordable housing options, extending transitional periods before individuals are required to move out of shelters, and centralizing services to reduce duplication and improve access. Motivational interviewing and assertiveness training are suggested to empower unhoused individuals, while outreach to underserved populations should be prioritized. The findings underscore the need for systemic changes to address structural and individual barriers effectively. Overall, the report calls for increased investment in housing and support services to create sustainable pathways out of homelessness in the Fox Cities.

Copy of infograph other by Abby Peterson