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Public
support is "overwhelming"
The
most recently introduced legislation aimed at supporting
fire professionals' right to negotiate would not have
a dramatic impact in most states - including Michigan
- but it's a positive proposal.
"That's
how we see the Public Safety Employer-Employee Cooperation
Act," said MAFF Director Michael J. O'Lear. "It
wouldn't be what you'd call 'breakthrough legislation'
for us, but it deserves support for a lot of reasons."
The
proposed act is designed to provide fire fighters and
police officers with basic collective bargaining rights,
and to do so without undermining state authority or
existing state laws. It would establish "modest
minimum standards" to be included in state laws,
while leaving decisions regarding implementation, enforcement
and all important details to the states.
"The
fact is that this legislation would not greatly affect
Michigan and a majority of other states whose laws already
meet or exceed the minimum standards," O'Lear said.
"States
that don't have such laws would be given the choice
of either enacting a law or having the Federal Labor
Relations Authority establish procedures for bargaining
between public safety officers and public safety agencies
in their state."
He
suggested that the most significant feature of the effort
to pass the Public Safety Employer-Employee Cooperation
Act might well be the support for its goals shown by
ordinary citizens around the country.
"A
national poll found that voters overwhelmingly support
federal legislation to grant fire fighters bargaining
rights," he pointed out. "This support cuts
across party, geographic and demographic lines. Voters
of every category back the legislation by a better than
3-1 margin.
"People
apparently recognize, especially in light of the Sept.
11, 2001 tragedy, that fire fighters are prepared to
risk their lives every day to protect the public. It
is no more than reasonable to assure them the same rights
to discuss workplace issues that are granted to most
other workers."
Specifically,
the legislation would:
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Guarantee
the right of fire fighters and other public safety
officers to form and join a union; |
•
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Guarantee
the right to bargain collectively regarding hours,
wages and conditions of employment; |
| • |
Provide
for enforcement of contracts through state courts; |
•
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Exclude
management and supervisory employees (chiefs and
assistant chiefs), but retain the right of lieutenants,
captains and other working supervisors to join a
bargaining unit; |
•
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Protect
all existing certifications, recognition's, elections
and collective bargaining agreements or memorandums
of understanding; |
•
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Outlaw
strikes and provide for dispute resolution mechanisms,
such as mediation, fact finding or arbitration to
resolve disputes; |
•
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Exempt
all states with a state bargaining law for public
safety officers equal to or greater than the federal
law |
•
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Provide
states with maximum flexibility in implementing
a basic collective bargaining law; |
| • |
Protect
state right-to-work laws; |
| • |
Protect
the rights of volunteer fire fighters. |
"It
is important for everyone considering their position
on this legislation to realize that public safety actually
is enhanced by labor-management partnerships that are
built on bargaining relationships," O'Lear said.
"Studies
show that cooperation between public safety employers
and employees improves fire protection services, as
well as reduces fire fighter fatalities.
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