I am happy to report that Public Employee Relations Board Hearing Officer has issued a ruling that sustains the Unfair Labor Practice charges made by the leadership of Lodge #40.  The specific finding of the Hearing Officer was that the Sheriff was guilty of pervasive anti-union animus and that he had discharged the President and Immediate Past President of the lodge in retaliation for their FOP activity. The Hearing Officer further found that the Sheriff had violated the law by refusing to bargain with the FOP leadership that he had fired, and that the Weingarten rights of a Deputy had been violated when an FOP representative was not allowed to speak on her behalf during an Internal Affairs investigation. 

I was asked to testify in this hearing in relation to my experiences as a Law Enforcement manager and as a person who interacts with many law enforcement agencies around the country by virtue of being a National Board member of the FOP. Once I became familiar with the specifics of the case it was clear to me that this is one of the worst (if not the very worst) cases of an unfair labor practice and retaliation that I had ever seen. The leaders and the members of Lodge #40 were clearly under attack and the provisions of their contract were being blatantly violated.

The lodge President, Chuck Morris, was trying to vigorously represent his members and ensure that the provisions of the contract were honored.  His actions in this regard displayed courage and moral fortitude because it became increasingly apparent that his efforts to fairly represent the members of Lodge #40 were resulting in his career being put in jeopardy.
 

The actions of the lodge leadership in this matter are an example to others in how to persevere in the extreme adversity that all too often becomes common place for lodge leaders in the FOP. The people who step up to become the local executive board of a lodge often do so to the peril of their own careers. It was the commitment and courage against an agency management that was bound and determined to violate the rights of the Deputies in this department that was the main reason Lodge #40 ultimately prevailed.

This lodge and Lodge #4 in Kansas City, KS also worked jointly and took on the incumbent Sheriff in the April 2009 elections in Wyandotte County by supporting and campaigning for a long time member of the FOP. The incumbent Sheriff and his anti-FOP beliefs were sent packing in the election, and the Wyandotte County Sheriffs Department now has one of our brothers in the office of Sheriff.  I am proud to have had the chance to know the leaders and members in Lodge #40, and I am grateful for the opportunity to have played some part in achieving this great victory for the Deputy Sheriffs in this department.

As we rejoice in the success story of this lodge and celebrate the successful resolution of their struggle, another lodge begins a similar fight against a Sheriff who has fired their lodge President. Tommy McLallen, the President of Pueblo County Lodge #7 in Colorado was recently fired in the midst of the FOP attempting to gain recognition and bargaining rights on behalf of the Pueblo County Sheriffs Department employees.

President McLallen has been publicly vocal in his attempt to gain recognition for the FOP under the County Policy. During the past year he has led the way through many struggles while trying to achieve bargaining status for the FOP and protecting the rights of the members of Lodge #7.

During my interaction with the leaders of this lodge I explained that they should not demure in their efforts to improve the quality of life for their members, but that they should expect to fall into disfavor with the agency management. To the credit of the Lodge #7 Executive Board, they have remained steadfast in the advocacy of their members. Even in the face of growing opposition from the agency management.

The firing of the lodge President is just the latest of several actions that illustrate animosity from management toward the lodge leadership. The State and local FOP in Colorado have begun the process of filing a federal lawsuit that asserts a claim of retaliation.  The struggle for Lodge #7 is at the beginning. I am confident that they will ultimately prevail in just as convincing a manner as Lodge #40 did. As this situation progresses I expect to be able to bring you more information regarding this fight.

This situation in Pueblo County could be the illustration of the type of battles yet to come when H.R. 413, “The Public Employer-Employee Cooperation Act” passes in to law. It is obvious that some cities and states oppose the concept of a national collective bargaining law for Public Safety employees and that there will be resulting litigation over the issue. The National FOP stands ready to meet those challenges and we are confident that we will prevail against them.

I feel that another reaction to the passage of H.R. 413 is that we could see an increase in the types of actions that have taken place in Pueblo and Wyandotte Counties by some law enforcement chief executives. We must stand ready to vigorously defend the rights of local lodge leaders and members alike by standing together, unified as the largest and oldest law enforcement association in this nation.

We must all support each other in whatever way possible as some of our brothers and sisters engage in struggles to establish and preserve their rights. By doing this we will show our adversaries that our unified strength is more than they can overcome and that when they wage war on one us, they are engaging all of us. The one thing that I am certain of is that our unified strength and commitment to purpose can never be defeated. So let us all remain dedicated to this ideal as we strive to achieve the success of our common goals.