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Section VGetting the Job Done…

Through Others

Chapter 15

Hiring Personnel and Dealing with Unions

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The Importance of Hiring Well

• Vicarious liability– The legal responsibility one person has for the acts of

another

• Negligent hiring– Failure to use an adequate selection process or to check

for prior offenses or misconduct

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Recruiting Challenges

• The shrinking applicant pool• Appealing to a new generation of applicants• Dispelling misconceptions caused by the media• Understanding that law enforcement has changed

from a blue-collar job to a challenging, technical profession

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Departmental Self-Appraisal

1. Salary

2. Benefits

3. Job security

4. Career development

5. Job satisfaction

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Recruiting Strategies

• Traditional activities– Advertisements– Job fairs– Visits to colleges

• Web sites– Branding and the Internet

• Second-career officers

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Recruiting for Diversity

• Racial/ethnic minorities• Immigrants• Women

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The Selection Process

• The application• Testing/screening

– Written tests

– Medical examinations

– Background investigations

– Psychological examinations

– Physical fitness tests

• The interview

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Employment Criteria

• Bona fide occupational qualifications• Educational requirements

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Laws Affecting Employment

• The Equal Pay Act of 1963 (EPA) • The Civil Rights Acts of 1964 and 1970 • The Age Discrimination in Employment Act

(ADEA) of 1967• Title IX of 1972 Education Amendments • The Rehabilitation Act of 1973• The Pregnancy Discrimination Act of 1978

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Laws Affecting Employment (cont.)

• The Civil Service Reform Act of 1978 • The Immigration Reform and Control Act

of 1986 • The Americans with Disabilities Act (ADA)

of 1990• The Family and Medical Leave Act of 1993• The Uniformed Services Employment and

Reemployment Rights Act of 1994

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The Americans with Disabilities Act of 1990• Guarantees individuals with disabilities access to

employment and governmental programs, services and activities

• Prohibits medical inquiries or evaluations until after a job offer has been made

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Affirmative Action

• A written plan to assist members of traditionally discriminated-against minority groups in– Employment– Government contracts– Education

• Anyone can fit into a “special employment group.”

• Managers must take precautions to be fair and unbiased in hiring.

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Equal Employment Opportunity Programs• Begin with recruiting and selecting• Also important in

– Assigning– Training– Promoting– Disciplining– Firing

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Unions

• Union– Group authorized to represent the members of the law

enforcement agency in negotiating matters such as• Wages• Fringe benefits• Other conditions of employment

– Union shop = situation where people must belong to or join the union to be hired

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Labor Laws

• National Labor Relations Act of 1935 (Wagner Act)• Fair Labor Standards Act (FLSA) of 1938• Taft–Hartley Act of 1947

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Collective Bargaining

• Representatives of employees meet with representatives of management.

• They establish a written contract that sets working conditions for a specific time.

• Contract deals with wages, benefits, hours, grievance and disciplinary procedures, health and safety, etc.

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Reasons for Joining Law Enforcement Unions• To ensure fair treatment• To improve economic situation• To satisfy social needs

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Management versus Employee Rights

• Management must possess sufficient rights to fulfill the agency’s mission to the community.

• Avoid conflict by resolving issues at the lowest level possible.

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Levels of Bargaining

• Discussion• Mediation• Arbitration• The courts

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Management and Unions Working Together• Know the contracts.• Comply with the contracts.• Treat employees fairly.• Know the steward.• Follow the grievance procedure.

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Avoiding Conflict and Potential Lawsuits

• Deal directly with employees on matters that are properly the subject of negotiations.

• Hiring and creating a new position are not subject to a bargaining obligation.

• New rules and practices require giving the union notice and the opportunity to bargain.

• Changing schedules to avoid overtime requires employers to provide advance notice to the union.