Feuille, Peter National Inst. of Law Enforcement and Criminal 27P

DOCUMENT RESUME

ED 101 110

AUTHOR Jurist Hervey A.; Feuille, Peter TITLE The Impact of Police Unions: Summary Report. INSTITUTION National Inst. of Law Enforcement and Criminal Justice, Washington, D.C. PUB DATE Dec 73 NOTE 27p.; The full report is available from the National Technical Information Service, Springfield, Virginia 22151 (Order No. PB-217 223, HC-$3.00) AVAILABLE FROM Superintendent of Documents, U. S. Government Printing Office, Washington, D. C. 20402 (StockNo.- 2700-00248, $0.65)

EDRS PRICE MF-$O.76 HC-$1.95 PLUS POSTAGE DESCRIPTORS Administrative Problems; Administrator Responsibility; Administrator Role; Employer Employee Relationship; *Industrial Relations; Interpersonal Relationship; *Labor Unions; Law Enforcement; Negro Organizations; *Police; Policy Formation; Professional RecognitiL,

ABSTRACT To assess the impact of police unionism on the operation and administraticn of police departments, in-depth field surveys of active police unions were conducted in the summer and fall of 1971 in 22 cities where police unions were active. In the summary report the development of po3J.ce unions is discussed, and the sources and dimensions of union power are outlined. The report examines the impact of police unionism on labor relations, police professionalism, the authority of the chief, and the formulation of law enforcement policy. The growth of black officers, organizations, in both complementary and adversary relationships with existing police unions, is also explored. The study stresses the indirect impact of police unions on such areas as departmental policy - making, citing °the extent to which the police and other chief officials have failed to take action because of anticipated reactions from the union.° The report concludes that, in the formulation of law enforcement policy, °the union, regardless of motivation, was essentially a conservative, reactionary force.° Appended to the document is a six-page bibliography. (Author/BP). CD THE IMPACT

POLICE UNIONS C:3 SUMMARY REPORT

HERVEY A. HMIS

PETER FEUILLE

This project was supported by Grant No. NI.70-044, awarded by the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice under the Omnibus Crime Control and Safe Streets Act of 1968,as amended. Points of view or opinions stated in this documentare those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

U.S. DEPARTMENT OF HEALTH, EDUCATION 'WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO DUCE° EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN ATING IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECESSARILY REPRE SENT OFFICIAL NATIONAL INSTITUTE OF 00 EDUCATION POSITION OR POLICY.

o December 1913

11.) U.S. DEPARTMENT OF JUSTICE

Law Enforcement Assistance Administration National Institute of Law Enforcement and Criminal :ustice LAW ENFORCEMENT ASSISTANCE ADMINISTRATION

Donald E. Santarelli,Administrator Richard W. Velde, Deputy Administrator Charles R. Work, Deputy Administrator

NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CR;MINAL JUSTICE

Gerald M. Caplan, Director

For tale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402Price 65 cents Stock Number 2700-00248

4 TABLE OF CONMTS

Page FOREWORD V

THE SCOPE AND METHOD OF THE STUDY 1

POLICE EMPLOYEE ORGANIZATIONS 2

THE STRUCTURE, SCOPE AND PROCESS OF LABOR RELATIONS

UNION IMPACT ON THE POTENTIAL FOR PROF'ESSIONALIZATION 7

THE IMPACT ON THE CHIEF'S ABILITY TO MANAGE 9 IMPACT ON THE FORMULATION OF LAW ENFORCE- MENT POLICY 11

BLACK OFFICER ORGANIZATIONS 13

SOME CONCLUDING OBSERVATIONS 15

REFERENCES 17

OS- FOREWORD

BEST COPY AVAILABLE

The growth of police unionism in the United States during the 1960's isa phenomenon of considerable importance in law enforcement. The four national police unions now reporta total membership of close to 300,000, and this figure does not include those officers belongingto police affiliates of other major unions. This summary report ofa longer study highlights the significance and implications of that growth. To assess the impact of unionism on the operation and administration ofpo- lice departments, the authors conducted in-depth fieldsurveys in 22 cities where police unions are active. They discuss the development of police unions and outline the sources and dimensions of union power. The report examines the impact of police unionismon labor relations, police professionalism, the authority of the chief and the formulation of law enforcement policy. The growth of black officers' organizations, in both complementary and adversary relationships with existing police unions, is also explored. Since more than 80 percent of police department budgets,on a national average, are committed to salaries, the impact of police unions would merit study were it limited to salary negotiation alone. As the authors demonstrate, however, its range is far broader. The study stresses the indirect impact of police unions on such areas as departmental policy-making, citing "theex- tent to which the police and other chief officials have failed to take action because of anticipated reactions from the union." While one may disagree with the report's conclusion that, in the formulation of law enforcement policy, "the union, regardless of motivation,was essentially a conservative, reactionary force," this, perhapsmore than any other issue raised, requires thoughtful and prolonged consideration bythose concerned with improving the quality of police service.

Gerald M. Caplan Director National Institute of Law Enforcement and Criminal Justice

The full report, The Impact of Police Unions (Accession No. PB 217223; price, $3.00), is available from the National Technical Information Service, 3283 Port Royal' Road, Spring field, Virginia 221 31. THE SCOPE AND METHOD OF THE STUDY

OBJECTIVE i zation leaders (where such an organization existed).In all, 137 interviews were conducted The object of this studywas to learn something in the summer and fall of 1971. about the impact of police unionson police agen- In these field visits the authors used an issue- cies; however, we found that to study impactwe oriented data-gathering approach.That is, the first had to examine the wholespectrum of labor- field investigator, usually through archivalre- management relations.Specifically, we gathered search in local newspaper libraries, became fa- data in six areas: miliar with particular police union-management 1. The nature of police employee orialqrations; issues which had arisen in each city in recent 2. The structure,scope, and process of police years. The investigator then pursued each party's labor relations, including theuse of power relationship to these issues in subsequent inter- by police unions; views. This approach permitted the researchers 3. The impact of police unionson the potential maximum freedom to investigate the parties' ac- for professionalization of police service; tual conduct and impact on each other. 4. The impact of police unionson the chief's ability to manage the police department; Before summarizing our findings,we apologize 5. The impact of police unionson law enforce- for the fact that the anonymity of theresponses ment policy formulation in the community; may inconvenience those who want to know 6. The relationship between police unions and what city was involved. Information of thistype black officer organizations. is only available if anonymity is provided and we have no intention of embarrassing any of our respondents. Second, please note that the re- METHODOLOGY search results in this report cannot and should not be generalized to cover all labor-management Our information was obtained primarily via relations in the police service. Our study con- a field study in 22 cities selected on the basis sists primarily of observations in 22 unionized of information contained in questionnaires re- cities, and it was never our intention to selecta ceived from approximately 50 cities.During sample which might be representative of the field visits (which were usually of four to five several thousand police agencies in this country. days duration), information was collected in in- Finally, our data was collected in thesummer terviews with the police chief or his represen- and fall of 1971.Fact situations may have tative(s),citylaborrelationsrepresentatives, changed, but we have based our reporton the police union leaders, and black officer organi- data collected then.

7 1 POLICE EMPLOYEE ORGANIZATIONS

POLICE ORGANIZATION contributedtopolice employeedissatisfaction DEVELOPMENT and three which contributed to the willingness of the police to engage in the use of militant Enduring police employee organizations have tactics such as job actions. existed in many cities since the turn of the cen- factor contributing to police em- tury. Over the decades, these organizationshave The first at various times provided welfarebenefits for ployee dissatisfaction is the increased public hos- their members, lobbied for higher pay, and ful- tility toward the police in the 1960's. This is such specific phe- filled certain social and fraternal needs. 2olice a broad label which includes organizations in many cities affiliated with the nomena as the emergence of blackand student organized labor movement after World War I; militancy, U.S. Supreme Court decisions which discretion, the but the notoriety of the 1919 Boston police strike were seen as restricting police clamor for civilian complaint review boards, in- quickly ended these attempts at affiliation and, creased violence directed at the police,rising more importantly, had a chilling effect onpolice crime rates, and the frequent police employee Union organization efforts by organized labor for perceptions of a lack of support for police ac- several decades. Despite this chilling effect on labor union tions among top police and city officials. Second, while the police faced increased public hostility, affiliation, policemen during the post-1919 pe- they also faced the problem of coping with in -. riod continued to form local associations many creased public demands to solve the "crime prob- of which affiliated with larger state or national Thus, groups. By tile 1960's the two largest of these lem" i.e., the call for "law and order." many of the same environmental factors which nationalorganizations were theInternational made the policeman's job more difficultalso Conference of Police Associations and the Fra- tended to increase the demands for more effective ternal Order of Police. In addition, the American police work.Third, the more hostile and de Federation of State, County, and Municipal Em- manding environment increased the police work ployees (AFL-CIO) and two other (police only) load and the perceived danger of the job, while organizations had also been organizing police at the same time most policemen felt that their offirers.By thetimethatpolicemilitancy emerged into full public attention late in the economic rewards had not increased commen- surately.Finally, employee dissatisfaction had 1960's, most urban policemen were members been exacerbated by the existence of poor per- of some kind of employee organization which sonnel practices within most police departments was available t.o serve as a vehicle for the expres- (no grievance procedures, no premium overtime sion of increased police discontent. pay or court time, etc.). These four factors offer a possible explana- EMERGENCE OF POLICE tion for the increase in police employee dissatis- MILITANCY faction in recent years, but three other factors We identify four factors which we feel have are important in contributing to the overt ex-

2 pression of police militancy.First, the fact that bodies do not play major roles in police labor the confrontation tactics of blacks, students, and relations at this time; police utlionism is pri- groups of organized public and private employees marily a local phenomenon. This local emphasis have achieved both attention and results was not is due primarily to the fact that the police in- lost on the police. Second, today's urban police dustryisalocalindustry:laborisrecruited forces have a high proportion of young police- locally, the product is delivered and consumed men who appear to be more willing to engage locally, and local taxes pay the bill. Because this in overt action to achieve their goals than o'.der reduces the collective bargaining arena to local officers. Third, the high degree of occupational city officials versus local union officials (although cohesion among policemen contributes to a pro- sometimes the state legislature may become in- pensity for the police to be more aggresive in volved), the role of a national organization is the pursuit of group goals than most other groups minimized especially when compared to the in- of city employees (with the exception of fire- dustrial situation in the private sector--where the men). existence of multiplant companies and a national While police militancy may emerge in many forms, the most visible widespread response has product market necessitates a leading role for been the emergence of police employee organi- the national union. The locus of collective bar- zational militancy, either through the formation gaining may be one reason why the FOP and of new aggressive organizations or through the ICPA with their emphasis on local autonomy transformation of relatively complacent existing have been more successful in this field than associations into more active organizations. AFSCME, NAGE, and SEIU where the emphasis is essentially on a strong national organization. POLICE UNIONS TODAY Should the center of bargaining shift, so too Our research shows that national and state would the center of organizational strength.

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9 3 THE STRUCTURE, SCOPE, AND PROCESS OF LABOR RELATIONS

LABOR RELATIONS STRUCTURE not significantly different from other American trade unions in their desire to participate in the One of the chief characteristics of public sec- determination of a wide variety of direct eco- tor and police labor relations is the fragmenta- nomic and noneconomic conditions of employ- tion of managerial decision-making authority. In ment.Police unions have devoted significantly addition to posing multiple adversaries for the greater resources toward securing "bread and union (as we will see later, this fragitentation butter" goals than law enforcement policy goals also offers multiple potential allies with whom (though union efforts may have a decisive im- police unions may coalesce), this fragmentation pact on policy issues). As in the private sector, raises the question of who is the employer. Gen- police unions have attempted to participate in erally, labor relations is an executive function, subjects which police management regardsas though legislative approval of changes in budget solely within the sphere of managerialpreroga- items is almost always necessary. City councils tives and there are many issues in which police tend to have stronger labor relations roles in unions heave attempted to establisha voice by weak-mayor and council-manager cities than in means outside the institutionalized collective bar- strong-mayor cities. The extent of police man- gaining process. agementinvolvementinunion-cityrelations varies, but the basic thrust of such involvement is to protect managerial prerogatives. THE LABOR RELATIONS PROCESS Police unions also deal directly with police management over departmentally-controlled em- Collective bargaining in the privatesector is ployment conditions. Local elected union lead- characterized by bilateralism (two parties partici- ers who are full-time policemen dominate union pate in bargainingthe union ( s) and the em- affairs, though hired attorneys may play leading ployer or employer association representative) roles as union representatives. State and national within the existence of economic marketcon- police union officials play very limited roles in straints(employers can be pricedout of the union-management relations(unless they also market and the workers will lose their jobs). happen to be local leaders). Police labor rela- Public sector bargaining is quite different. The tions are very localized, with almost no multi- fragmented management authoritystructure and employer or multiunionnegotiation units political context in the publicsector tend largely (though the unit of direct impact in a single to eliminate the existence of private sector-type city may extend far beyond the police depart- bilateral collective bargainingarrangements. We ment). found that because of local government's fragmented authority structure, the lack of institu- THE SCOPE OF LABOR RELATIONS tionalizedcollective bargaining proceduresin several cities, and the necessity formany employ- Our analysis suggests that police unionsare ment conditions to be changed via the legislative 4 or electoralpoliticalprocesses,police unions strike (union) or lockout( employer). In the cannot and do' not use the institutionalized col- same vein, since police labor-management rela- lective bargaining framework exclusively.Be- tions take place in a political environment, the cause police unions engage in lobbying, elective union's bargaining power consists primarily of politics, referenda campaigns, and other political the ability toinflictpolitical costs or bestow activities, it seems appropriate to include all such politicalrewards.For analytical purposes we behavior under the label of "police labor rela- distinguish between contextual sources of union tions." power anddirectly manipulatable sources of While 18 of 22 of our sample cities havea union power. formalized collective bargaining system through which most union-management contractsare channeled, many significant union-management CONTEXTUAL SOURCES OF POWER interactions occur outside the collective bargaining system and we refer to thisprocess as multi- The economic context of police bargaining in- lateralbargaining.Governmentalmultilateral cludes four salient variables whichmay add to bargaining includes exploiting the dividedman- or detract from the strength of the union's bar- agement authority structure through such pro- gaining position with management, particularly cesses as public and private lobbying, whereas over monry items. These are the supply-demand community multilateral bargaining includes di- pressures in the local labor market, changes in rect involvement or pressure from citizens or com- the cost of living, orbits ,of coercive comparisons munity groups in the union-management rela- with other visible groups of employees (usually tionship, including union attemptsto secure voter other police or high-wage groups), and the city's approval of union goals. Unions in cities which ability to pay. While the unioncan influence have no collective bargaining procedureuse the supply (through restrictions on hiring standards) traditional political interestgroup methods such or the city's ability to pay (through efforts on as public and private lobbying, public relations behalf of tax proposals) the union does facea efforts, and direct appeals to thevoters for ap- relatively fixed economic context atany given proval of benefit increases to obtain union goals. point in time.. Five of the cities in our sample have had experi- The statutory context governing police union- ence with the compulsory arbitration of negotia- management interactions is extremely important. tion impasses. We found that in these five-titlesTheexistence of a statutory provision which compulsory arbitration has tendedto reduce gen- requires a city to bargain collectively ifa ma- uine good faith efforts to reach agreementon jority of the police desire to doso means that a the arbitrable issues via the negotiationprocess. city can no longer treat employee representatives as supplicants, but instead must negotiate with them as equals. THE DIMENSIONS OF POLICE UNION The political environment in whicha police BARGAINING POWER union operates contains three important dimen- siuns which affect the union's power. The first is the Bargaining power is the ability tomove your balance of political power, or the manner in which opponent to your way of thinking, usually by the concentration or diffusion of political authority showing him that the cost of agreement within affects the unionlibility to increase its bargaining your terms is less than the cost of disagreement. power by allying with various political figures. In the private sector the cost of disagreement is Second, the emergence of "law and order" poli- usually expressed in economicterms through a tics in the latter 1960's has affected, police bar-

5 11 gaining power by making it more costly for delivery of normal police services to the citizenry, elected officials to oppose many union demands usually through job actions); the ability to enter and thereby appear "anti-police." Third, the po- into long-run alliances with other unions orwith litical concomitant of the city's ability to pay is politicians; the use of dispute resolution mecha- the degree of the city's willingness to pay for nisms (mediation, fact-finding, arbitration);and police services.If city officials accord high pri- the use of the power of anticipatedreactions (i.e., ority to funding police services, this willingness management's concern for the union's reaction is a source of union power. While not directly if management pursues a particular courseof manipulatable, this latter can be influenced in- action). These sources of power are very inter- directly by union political activity. related: for example, we found situations where The high degree of occupational cohesion in one tactic wassubstituted for another (after an the police service is a source of union power, for issue's electoral effort failed, the union obtained it increases membership willingness to agree to the desired goals by lobbying in the citycouncil and support a course of action. and the state legislature). We also found that At any particular point in time a police union the units of police union power are notinde- must accept as given the quantitative and quali- pendent of each other but are more accurately tative natures of the sources of power discussed perceived as being arranged in a loose hierarchy. above (though in the long run, the union can For example, the high level of occupational co- affect these variables). Union leaders, however, hesion, the perceived essentiality of police serv- have some choice in the application of the sources ices, and the police coercive license form the of power identified below. foundation for the exercise of other sources of power. The statutory context mayprovide the opportunity to engage in collective bargaining DIRECTLY MANIPULATABLE POWER or use dispute resolutionmechanisms. We found the unions' use of power to be shaped by such A police union's direct sources of power may variables as the nature of the issue, the relevant include: a higher degree of negotiating expertise; political, structure (the existing combination of the filing of court actions; lobbying ( both public de jure and de facto governmental decision- and private, with legislative and executive branch making authority), union leader preferences for officials); electoral politicking (which includes various courses of action and perceptions of bargaining publicity, issue electoral efforts, can- success, and the economic andpolitical costs of didate electoral efforts, and other efforts designed using various sources of power. We did not at- to change the voters' opinion infavor of the tempt to quantify amounts of powerbecause of union's goals); disruptive politicking (the ability the extreme difficulty of devising accurate com- to actually or convincingly threaten to disrupt the parative measures.

6 UNION IMPACT ON THE POTENTIAL FOR PROFESSIONALIZATION

We found a large variety of opinion among professionalization process and that it is not clear police executives and union leaders regarding the whether professionalization is the most effective concepts of the police profession, the profes- way to achiev' the goals of a police agency. sional policeman, and the professionalpolice department. PROFESSIONALIZATION AND THE POLICE SERVICE THE CONCEPT OF PROFESSIONALIZATION We have defined professionalization as the process of achieving the ideal state of a profes- The term profession refers to an abstract ideal sion. This is not the definition being used gen- model, which occupations strive to achieve be- erally in the police service.Rather, we found cause the attainment of professional status brings two other definitions which serve as the object with it several rewards. Some of these rewards ofprofessionalizationefforts:thefirstis the are monetary but more important, professional struggle for professional status; the second is the status involves a great deal of autonomy in the desire for a professionally led department. way in which the occupation carries out its work, i.e., knowledge is 'assumed to be so specialized A professionally led departmentis one in that only members of the profession can deal which efficiency and managerial rationality are emphasized to the exclusion (or attempted ex- authoritatively with problems in theirjurisdic- clusion) of politics. The struggle for professional tion. status involves the quest for the trappings of pro- Theprocessofprofessionalizationisthe achievement of professional statusthe extent fessionalism; e.g., autonomy, professional author- to which an occupation has achieved the ideal ity, the power to determine the character and curriculum of the training process. state. We believe that the degree of professionalization can be measured by observing three scales: We found that many of the unions in our the extent to which the locus of specialization is sample have systematically frustrated manage- occupational as opposed to individual or organi- ment's quest for professional status. The actions zational;the extent to which the occupation of these unions regarding advanced education, stresses the process by which ends are achieved lateral transfer, development of a master patrol- as well as the ends themselves (and the extent man classification, and changes in recruitment to which the reward structure emphasizes process standards have been essentially negative and from over product); and the extent to which there management's point of view, clearly counter- exists a body of intellectual knowledge which can productive. Police unions appear to see advanced be codified and transmitted abstractly. Applying education and master patrolman proposals as these measures to the policy serVci, we found wedges to obtain more money for all their mem- that the police are still at the beginning of the bers, whereas management sees them as a way

7. of rewarding individual achievement. We classify so as to better meet the goalsof the agency both of these under the quest for status rather (management). than professionalization because in each case it The potential impact of the police union move has yet to be shown that the proposed move ment may be greatest in achieving the profession- would, in fact, lead to increased professionaliza- alization of police supervisory and managerial tion.Lateral entry, on the other hand, would personnel. To the extent that unionization will represent a move toward increased profes ional- drive a wedge between patrolmen on the one ization in that increased mobility would help to hand and the sergeants, lieutenants, and captains on the other, and force a recognition of their shift the locus of specialization from the orga- differentialresponsibilitieswithinthedepart- nization to the occupation.Here, however, in ment, this realization may open the door to the most cases the unions and management have been type of specialization prerequisite to the profes- opposed and where management was in favor, sionalization of management in police agencies. the union was oppsed. The question separating However, we are not terribly optimistic in this management and the unions on changes in entry regard, since the majority of the unions in our requirements is whether such changes should be sample strongly preferred to have patrolmen and viewed as lowering standards (union position) the superior officer ranks in the same bargaining or introducing the concept of flexible standards unit and union.

8 THE IMPACT ON THE CHIEF'S ABILITY TO M ANAGE

The demands of police unions seem to be con- scheduling. In cities where management has tried sistent with traditional trade union demands re- to introduce a fourth shift during the high crime garding wages, hours, and other conditions of hours of 6 p.m. to 2 a.m. the typical union work.For all their talk of professionalization, response has men one of strong resistance. Sim- the police appear to be quite indistiguishable from ilarly, unions have resisted the changing of steel workers or auto workers in their on-the-job other shift hours. In several cities unions have concerns. sought shorter work weeks. Union demand; for paid lunch time, paid roll call time, paid court time, time and a half for overtime, pay for MONEY ITEMS call-in, call-back, and standby, and payment of a night shift differential have all had an impact Particularly in the area of wages the demands on management's ability to freely allocate man- of police unions have been traditional higher power in the traditional manner. wages, time and a half pay for overtime, com- Police unions in our sample have expressed the pensation for call-in, call-back, and standby, pro- same kinds of protectionist concerns over work- tection against abuse of court-time requirements. ing conditions issues as private sector unions. The major impact of these wage demands has For example, most of the unions in our sample been to force management to come to grips with have opposed the civilianization of police depart- the fact that the human resources of the department staff and support jobs (clerical, administra- ment are not a free commodity but rather a tive, technical,traffic control) though few of scarce commodity, which in turn requires man- these resistance efforts have been successful. Most agement to deal with the problem of allocating policemen and police unions are vehemently op- those scarce resources among competing ends. posed to one man police cars; in some cases, Other police union monetary issues include union opposition has been successful, while in higher pensions, earlier retirement, increased uni- other cities management has expanded the use form and equipment allowances, increased pay of one man cars over union objections. differentials among the various ranks, and in some cases, an attack on police-fire pay parity Seniority is seen by the men as a factor guar- where fire fighter pay parity is seen as limiting anteeing equal opportunity and a hedge against the ability of the police to secure greater benefits favoritism,andpoliceunionsgenerally have for themselves. sought to make seniority an important variable in shift and job assignments and a more important factor in promotions. Management has success- HOURS AND WORKING fully resisted most union efforts for strict seniority CONDITIONS provisions but has increased the use of, seniority when it did not unduly restrict management's Some unions have had a substantial impact on ability to deploy manpower. Police unions have

9 secured a measure of protection for their mem- ing procedures more legalistic than previously bers against arbitrary transfers; pushed for broad and to insure greater attention to the civil rights moonlighting rights; resisted the introduction of of officers during investigations, hearings, and a requirement to wear name tags on uniforms appeals. (in some cities); and objected (largely unsuc- In sum, police unions have narrowed manage- cessfully) to stricter controls on the use of sick ment discretion,fosteredthe development of leave.Unions have also resisted departmental management by policy, and they have protected reorganization where they did not participate in employees against arbitrary or inconsistent treat- the planning and implementation of the changes. ment. In a few cases, contractual provisions nego- With regard to discipline, unions have pressed tiated between the union and the city have caused for regularizing procedures, minimizing ad hoc serious managerial problems, but the primary decision-making on punishment, and eliminating union impact has been to force police manage- certain kinds of punishment such as working ment to focus greater attention to the needs and days off and long suspensions with no right of wants of policemen and to improve personnel appeal. Union pressure has tended to make hear- practices within the police department.

10 IMPACT ON THE FORMULATION OF LAW ENFORCEMENT POLICY

The question of what constitutes law enforce- ISSUES ment policy is a difficult one. A department has many policies: on prostitution, on use of sick We have grouped the objects of police union leave, on the number of times squad cars are activity in this area under five issue headings. washed each month. The firstis clearly a law The five issues and the incidents associated with enforcement policy issue; the others are admin- them are: how is the law to be enforced (calls istrative policies. A more difficultplan arises for 100 percent enforcement of the law, elec- when we attempt to classify policies regarding toral political activity for favored judicial can- "manning." We discussed manning under the didates, prosecutors, and others with policy mak- rubric "ability to manage," but theuse of civil- ing powers in this area; and impact on entry ians, the number of men in a squad car and the standards, minority recruitment, and residency number of cars on the street are alsoan impor- requirements); the functioning of the criminal tant aspect of law enforcement policy.Con- justice system (court watching, the electoral po- versely, the use of weapons is discussed under liticalactivity mentioned above); the use of law enforc "ment policy but is also clearly related force (number of weapons, type ofweapons, to theaef's ability to manage. A furthercom- conditions under which weapons will be used and review of conditions under which force was plication is the fact that the unions have notso used); the involvement of civilians in the review much raised policy issues directly as they have of police actions and behavior (civilian review attacked specific issues which have policy im- as an issue in 12 of the 22 cities); and the degree plications.Civilian review is opposed because to which a police agency should facilitate iden- civilians cannot appreciate the street problems tification of police officers where a complaint is of an officer, but the underlying issue is less thor- filed (name tags, badge numbers painted on riot oughly discussedwho will control police be- helmets, officer liability if asked to appear in a havior, who will make policy. line up). A final complication in discussing impact on law enforcement policy is the fact that recent court decisions have broadened the rights of pub- IMPACT lic employees in the areas of free speech and It is important to distinguish the direct impact participation in elective politics. Both of these of police unions from the indirect impact. On developments serve to legitimize the participation a direct impact lcrlel the unions' influence was of police officers in debates on law enforcement spotty. The greatest direct impact was on the policy and legitimize their participation in all issue of civilian review where several unions were aspects of the policy making process, thus en- successful in thwarting implementation of pro- couraging the expansion of these kinds of ac- posedor elimination of existingreview boards. tivities. Other successes were in in the areas of lobbying

11 17 for criminal statutes, electing "law and order" each officer accused of misfeasance or malfea- judges, prosecutors and mayors, hampering efforts sance deserves a vigorous defense, the factis that atflexible standards to encourage minority re- these efforts are perceived as hostile signs in the cruitment, and influencing weapons policy and black community. the use of civilians. The major impact of the union, then, may The indirect impact is a much more difficult have come less from direct success in imple- area with which to deal. While direct impact menting change thanithas come indirectly is o'nervable, in the long run the indirect fin- through creation of an environment of tension pactwhich is less subject to directmeasure and through possible frustration of more aggres- is apt to be the more important implication of sive behavior by elected officials anticipating the the police union movement involvement in pol- union's response. These specific issues are part icy formulation. One aspect of this is the extent of larger political questions: not civilian review to which the chief and other police officials have but whether the police or civilians will make failed to take action because of anticipated reac- law enforcement policy; not weapons policy but tions from the union. A second aspect of indirect the question of who determines the conditions impact is the fact that the public statements of under which fatal force will allowed. The police unions on policy issues and their endorse- resolution of these issues will not be a function of ments in political campaigns have tended tb con- collective bargaining unless the parties, especially tribute to racial polarization in several commu- management, make a conscious effort tobring nities. Thus, while the unions may have valid these subjects into the bargaining process. In the reasons for opposition to civilian complaint re- absence of such conscious effort, they will remain view boards, gun guidelines, coroners' inquest political issues to be fought out in the political procedures, or Model Cities programs, and while arena.

12 BLACK OFFICER ORGANIZATIONS

W. found that black officer organizations exist We found a wide range of militancy among, in almost every city we visited which had more black officer associations with the degree of mili- than 25 to 30 black policemen. We talked with tancy being a function of the perceived hostility organization representatives in eleven cities. of the department's managerial hierarchy(including the chief ); the perceived hostility of the majority union;associationleaderpreferences DEVELOPMENT, AREAS OF CONCERN, (for various courses of action); and the balance ACTIVITIES of political power within the association between. the militant members and the more conservative Black police associations in some cities evolved ones. fromsocialandfraternalorganizationsinto "racial rights" organizations and in others they were founded in recent years explicity to seek BLACK-WHITE POLICE RELATIONS satisfaction of racially-based grievances. In either case, the organizations centered their energies on Our evidence suggests that relations between two types of grievancesgrievances arising out black and white policemen are quite poor, and of the relationships between black officers and appear to have become publicly worse in recent white officers and the role of the black officer years. Why? First, there are many more black in the department; and grievances arising out of policemen than there used to be, thus increasing the relationship between the police agency and the frequency of black-white police interac:tion. the black community. Second, most of these recent black entrants are Complaints on intradepartmental relations in- young men whose racial abuse tolerance level cluded lack of promotional opportunities(ver- is extremely low. Black policemen have become tical segregation), prohibition of blacks from quite willing to fight back at instances of racial holding certainjobs(horizontal segregation), injustice, and this aggressiveness has made many blacks being disciplined unjustly, and prejudicial white policemenfearful,distrustful, and an- treatment of black officers by white officers. Spe- tagonistic toward %lack officers. cific community relationsefforts included:re- These poor individual relations have carried cruiting efforts to increase the number of black over to the relations between the black associa- candidates and classes to prepare candidates for tions and the white-dominated majority unions. the examination; protesting police mistreatment Probably the most important reason for these of prisoners; offering assistance to citizens in filing poor inter-organizational relations are union fears complaints against police officers; forming alli- that the black associations may be attemptingto ances with black activist groups in the city and usurp the unions' exclusive representation role. sponsoring athletic, social, and recreational pro- In addition, white policemen, including union grams for black youth. leaders, appear to resent the black associations

13 19 because these groups have emerged as the ve- controlled phenomenon, so are black associations hicles for black officer protest, much of which is mostly local efforts. We encountered two re- directed at the whites. gional and one national organizational amalga- Despite these fears, we found that in most mation of local associations which hold occa- cities the union fulfills the traditional role of sional meetings to exchange information about bargaining for economic and noneconomic bene- their activities and to obtain publicity for their fits and pushing traditional grievances (overtime, efforts. While originally we had concluded that seniority, transfer, discipline, etc.) for all of its because of personal differences, limited financial members, whiletheblackofficerassociation resources, and especially the localized nature of concerns itself with the racial grievances of its black association operations it might be some members and improving police-black community time before a national black organization became relations.Black policemen appear to be as ap- solidly established, we do note that the National preciative as white policemen for union-achieved Black Police Association, formed in 1972, has benefits, yet black interviewees said that white apparently bridged many of these difficulties and union officers could not properly represent the brought most of the local and regional associa- racial interests of black policemen, and hence tions together in a national organization dedi- the need for black officer. associations. cated to increasing the number and responsibili- Just as police unionism is primarily a locally- ties of black policemen.

14 k 0 SOME CONCLUDING OBSERVATIONS

It is our feeling that the major impact of the and shape of the total employment relations pack- union has been the creation of a new system of age. governance in the police agency to which management will have to adapt itself.Adaptation involves two major adjustments. The first deals THE ROLE OF THE CHIEF with the rationalization of the bargaining process and the second with the role of the chief. The "traditional" autocratic authority ofthe chief in personnel matters has been undermined, the victim not only of unionpressure but also RATIONALIZING THE of the underlying changes in the environment. BARGAINING PROCESS which give rise to the unionhighturnover, a declining average age, the tight labor market of The -diversity of managerial jurisdictions and the 1960's and the other factors discussed above. the changing constitutional climate regarding free The union's role has beento negotiate a new speech and political activity for public employees set of operating rules which move the system provide both a motive and an opportunity for toward some- new equilibrium positions:man- police employee organizationstoexploitthe agementbypolicy;protectionof employees power potential inherent in the current labor against arbitrary or inconsistenttreatment; and relations process. However, the union incurs two the institutionalization of the mechanism of col- costs in this process:its competition with man- lective bargaining for continuing power based agement in several jurisdictions making bargain- interactions. ing a never-ending process and limiting the extent This new system of governance not onlyen- to which it can effect quid pro quo since issues tails shared decision-making power and review are spread over so many different bargaining of management personnel decisions, it has also arenas.If management were willing to offer a formally removed the sole responsibility for the commitment to jointly seek necessary legislative formulation of personnel policy from the chief's and charter changes necessitated by contractual hands to a central labor relations office. To main- agreements, and if management were willing to tain a firm hand the chief will have to playsev- recognize a need to buy out the power advan- eral important roles in the collective bargaining tages which the union was giving up by coming process. Most important he will have to insist to a centralized bargaining table, some kind of on a seat. in the policy council of the manage- rationalization might be achieved. Management ment bargaining team for himself or his repre- can gauge the cost of buying out this power ad- sentative. Second, he will have to emphasize the vantage by considering the advantages it gains, not program and capital requirements of his budget only in power equalization, but also in the ability so his entire resources are not absorbed in per- to exercise some measure of control over the size sonnel expenses. He will have to advise on what

15 21 new clauses he wants in the contract and which for by police employee organizations would not clauses he would like to see revised. He will cease if both unionism and collective bargaining need to review union proposals for their poten- were to be outlawed tomorrow. Rather, police tial impact on the operation of the department employee organizations would continue to utilize and review management counter-proposals as the media, the courts, the legislative process, and well.In short, he must insist on an active role electoral politics (both issue and candidate ori- in the bargaining process in order to maintain ented) to achieve these same goals. In fact, the his ability to manage in the "new order." addition of collective bargaining to these other channels of communication and action serve to enhance, rather than restrict, the rights of minori- THE BARGAINING PROCESS AND ties over the long run, LAW ENFORCEMENT POLICY Some of the encouraging steps we perceive in One of the major problems in policing today the protection of minority rights are the rise of is "how to be responsive to the majority interest blackofficerassociations;thefactthat some in the community while protecting the rights of racial grievances can be filed in an established minorities."It is in the context of this question grievance procedure (perhaps leading to final that the law enforcement policy issues raised above and binding arbitration); and the fact that regu- have real meaning. In our discussion of these larized discipline procedures protect blacks and issues, or more correctly the manifestations of whites. As more minority group members be- these issues, we saw how the union, regardless of come police officers, and as blacks gain increased motivation, was essentially a conservative, reac- political power in our major urban areas, these tionary furcc. We discussed the implications of institutionalized procedures will gain even more the impressions these union actions create among significance.Thus, the machinery now being members of the minority community, especially established and utilized for the purposes of the minority perceptions of police attitudes toward incumbent majority will continue to be utilized them. for the purposes of the future majority, even as As we have emphasized, however, this behav- the nature of that majority changes over time.

15 22 REFERENCES

BOOKS, MONOGRAPHS, GOVERNMENT PUBLICATIONS, -UNPUBLISHED MATERIALS

Alex, Nicholas.Black in Blue. New York: Springfield,Illinois:CharlesC. Thomas, Appleton-Century-Crofts, Inc., 1969. Publisher, 1972. American Bar Association Project on Standards Chamberlain, Neil and Cullen, Donald. The for Criminal Justice. Standards Relating to Labor Sector. 2nd ed. New York: McGraw- the Urban Police Function. American Bar Hill Book Co., Inc., 1971. Association, 1972. Chamberlain, Neil and Kuhn, James. Collective Bakke, E. Wight. Why Workers Join Unions, Bargaining, 2nd ed. New York: McGraw- New Haven, Connecticut: Yale University, Hill Book Co., Inc., 1965. Labor and Management Center,Reprint Fuess, Claude M. Calvin Coolidge: The Man No. 1, 1946. From Vermont. Boston: Little, Brown & Banfield, Edward. Political Influence. New York: Co., 1940. Free Press, 1961. Gifford, J. P. The Political Relations of Patrol- Barbash, Jack. American Unions: Structure, Gov- men's Benevolent Association in New York ernment, and Politics. New York: Random City.Unpublished Ph.D. dissertation, Co- House, 1967. lumbia University, 1970. Bennis, Warren and Slater, Philip. Temporary So- Graham, Fred P. The Self-Inflicted Wound, New ciety. New York: Harper & Row Publish- York: The Macmillian Company, 1970. ers, Inc., 1969. Hall, Richard H.Occupations and the Social Berney, Don. Law and Order Politics: A History Structure.Engelwood Cliffs, New Jersey: and Role Analysis of Police Officer Organi- Prentice-Hall, Inc., 1969. zations.UnpublishedPh.D.dissertation, InternationalAssociation of Chiefs of Police. University of Washington, 1971. Police Unions, Washington, D.C.: IACP, Bittner, Egon. The Functions of the Police in 1958. Modern Society.Washington, D.C.: Na- tional Institutes of Mental Health, Public Report of the Special Committee on Health Service Publication No. 2059, No- Police Employee Organizations, Typescript, vember, 1970. 1969. Bopp, William. The Police Rebellion: A Quest K;enast, Philip. Police and Fire Fighter Organi- for Blue Power. Springfield, Illinois: Charles zations. Unpublished working paper, Mich- C. Thomas, Publisher, 1971. igan State University, 1971. Bordua, David J. (ed.). The Police: Six Socio- Kleingartner, Archie.Professionalism and Sal- logical Essays. New York: John Wiley and aried Worker Organization. Madison, Wis- Sons, 1967. consin:Industrial Relations Research In- Burpo,John.ThePoliceLabor Movement, stitute, University of Wisconsin, 1967.

17 23 Kochan, Thomas.internal Conflict and Multi- Union. New York: Harper & Row Pub. lateralPargaining. Unpublishedmanu- iishers, Inc., 1953. script, University of Wisconsin, Industrial Schweppe, Emma. The Firemen's and Patrolmen's Relations Research Institute, 1972. Unions in the City of New York. New Labor Management RelationsService.Public York: King's Crown 2ress, 1948. Employee Strikes: Causes and Effects, No. 7. Seidman, Joel, et al.The Worker Views His (No date.) Union.Chicago:University of Chicago Mailer, Norman. Miami and the Siege of Chi- Press, 1958. cago. New York: Signet Books, 1968. Skolnick, Jerome.Justice Without Trial. New Maslow, Abraham. Motivation and Personality. York: John Wiley & Sons, Inc., 1966. New York: Harper & Row Publishers, Inc., . The Politics of Protest. New York: 1954. Simon and Shuster, 1969, Ballantine Book Moskow, Michael; Loewenberg, Joe; and Koziara, Edition (paper). Ed.Collective Bargaining in Public Em- Slichter, Sumner, Livernash, Robert and Healy, ploy-vent. New York: Random House, Inc., James. The Impact of Collective Bargaining 1970. on Management. Washington, D.C.: Brook- Niederhoffer, Arthur.Behind the Shield: The ings Institution, 1960. Police in Urban Society. Garden City, New Spero, Sterling. Government as Employer. New York: Doubleday & Co., Inc., 1967. York: Remsen Press, 1948. President's Commission on Law Enforcement and Stanley, David.Managing Local Government Administration of Justice. The Challenge Under Union Pressure. Washington, D.C.: of Crime in a Free Society. Washington, Brookings Institution, 1972. D.C.:U.S. Government PrintingOffice, Tannenbaum, Arnold and Kahn, Robert.Par- 1967. ticipation in Union Locals.Evanston, Illi- .Task Force Report: The Police. Wash- nois: Row, Peterson and Co., 1958. ington, D.C.:U.S. Government Printing Truman, David B. The Governmental Process. Office, 1967. New York: Alfred A. Knopf, Inc., 1964. "Public Education" in Seymour Wolfbein (ed.). Vollmer, Howard M. and Mills, Donald L. (eds.) Emerging Sectors of Collective Bargaining. Prof essionalization. Englewood Cliffs, New Braintree, Massachusetts: D. H. Mark, 1970. Jersey: Prentice-Hall, Inc., 1966. Walton, Richard and McKersie, Robert. A Be- Purcell, Theodore. The Worker Speaks His Mind havioral Theory of Labor Negotiations. New on Company and Union. Cambridge, Mas- York: McGraw-Hill Book Co., Inc. 1965. sachusetts: Harvard University Press, 1953. Wellington, Harry and Winter, Ralph.The Rees, Albert. The Economics of Trade Unions. Unions and the Cities. Washington, D.C.: Chicago: University of Chicago Press, 1962. Brookings Institution, 1971. Reiss, Albert. Police and the Public. New Haven: West ley, William A. The Police: A Sociological Yale University Press, 1971. Study of Law, Custom and Morality. Un- Rose, Arnold.Union Solidarity: The Internal published Ph.D.dissertation, Department Cohesion of a Labor Union. Minneapolis: of Sociology, University of Chicago, 1951. University of Minnesota Press, 1952. Wilson, James Q.Varieties of Police Behavior. Saunders, Charles B., Jr. Upgrading the Amer- New York: McGraw-Hill Book Co., Inc., ican Police. Washington, D.C.: Brookings 1968. Institution, 1970. Wilson, 0. W. Police Administration. 2nd ed. Say les, Leonard and Strauss, George. The Local New York: McGraw-Hill Book Co., 1963.

18 ARTICLES AND PERIODICALS

Adams, I.S. and Rosenbaum, W. E. "The Re- ings of the 1958 Spring Meetings lf the lationship of Worker Productivity to Cog- Industrial Relations Research Association. nitive Dissonance About Inequities," Journal Reprinted in Labor Law Journal, 9, 9 (Sep- of Applied Psychology, 46 (1962 ), 161 -64. tember, 1958), 627. "American Youth: Its Outlook is' Changing The Eszterhas, Joseph. "Police Unions are Reaching World," Fortune, 79, 1( January, 1969). for More," Cleveland Plain Dealer, (Au- Andrews, I. R."Wage Inequity and Job Per- gust 24, 1969). formance: An Experimental Study," Jour- "The First Amendment and Public Employees: nal of Applied Psychology, 51 (1967), 39- Times Marches On," 57 Georgetown Law 45. Review 134 (1969). Ashenfelter, Orley and Pencavel, John.'Amer- Friedman, A. and Goodman, P., "Wage Inequity, ican Trade Union Growth: 1900-1960," Self-Qualifications, and Productivity," Or- Quarterly JournalofEconomics,83, 3 ganizational Behavior and Human Perform- (August, 1969), 434-48. ance, 2 (1967), 406-17. Burton, John F. "Local Government Bargaining Gerhart, Paul. "The Scope of Bargaining in Local and Management Structure," Industrial Re- Government Labor Negotiations,"Indus- lations, 11, 2 (May, 1972), 123-40. trial Relations Research Association Pro- Burton, John and Krider, Chides. "The Role ceedings of the 1969 Spring Meeting, Labor and Consequences of Strikes by Public Em- Law Journal, 20, 8 (August, 1969), 545- ployees," Yale Law Journal, 69 ( January, 52. 1970). Gilroy, Thomas P. and Sinicropi, Anthony V. Cook, Alice."Public Employee Bargaining in "Impasse Resolution in Public Employment: New York City," Industrial Relations, 9, 3 A Current Assessment," Industrial and La- (May, 1970), 267. bor Relations Review, 25, 4 (July, 1972). Dahl, Robert. "The Concept of Power," Behav- Greenwood, Ernest. "Attributes ofa Profession," ioral Science, 2, 3 (July, 1957), 201-15. Social Work, II, 3 (July, 1957), 45-55. "A Critique of the Ruling Elite Model," Groves, W. E. and Rossi, Peter. "Police Percep- The American Political Science Review, 52, tions of a Hostile Ghetto," American Be- 2 (June, 1958), 465. havioral Scientist, 13, 5 and 6 (MayJune, Duncan, Robert B. "The Climate for Change in JulyAugust, 1970). Three Police Departments: Some Implica- Hilderbrand, George. "The PublicSector" in tions for Action," Fourth National Sympo- Dunlop,JohnandChamberlain,Neil sium on Law Enforcement S. fence and (eds.). Frontiers of Collective Bargaining. Technology, (Washington, D.C., May 2, New York:Harper & Row Publishers, 1972). Inc., 1967, 152. Edelman, Murray. "Concepts of Power," Proceed- Juris, Hervey. "The Implications of Police Union-

19 25 ism," Law and Society Review, 6, 2 (No- Mondello, Anthony."The Federal Employee's vember, 1971), 231-45. RighttoSpeak,"CivilService Journal

. "PolicePersonnelProblems,Police (JanuaryMarch, 1970), 16-21, Unions,andParticipatory Management," Oakland Police Officers .Association.Call Box, Proceedings of the 22nd Annual Winter I, Nos. 4 and 5 (April and May, 1972). Meeting (Industrial Relations Research As- "Permissiveness is the seed cancer to the destruc- sociation, Madison, Wisconsin, 1969), 318. tion of our society," Fraternal Order of Juris, Hervey and Hutchison, Kay. "The Legal Police, Fort Pitt Lodge No. 1, The Man- Status of Municipal Police Employee Orga- chesterIncident: A Report.Pittsburgh, nizations," Industrial and Labor Relations Pennsylvania, 1970. Review, 23, 3 (April, 1970), 352-66. Reichley, A. James."The Way to Cool the Karson, Marc. "The Psychology of Trade Union Police Rebellion," Fortune, 78, 7 (Decem- Membership," Mental Hygiene, 41, 1 (Jan- ber, 1968), 109-14. uary, 1957). Russell, Francis. "The Strike That Made a Pres- Kelling, George and Kliesrnet, Robert "Resist- ident," American Heritage, 14, 6 (October, ance to the Professionalization of the Po- 1963). lice," Police Chief (May, 1971), 35. San Francisco Police Officers Association. Note- Krinsky,Edward."Public Employment Fact- book ( January, 1972). Finding inFourteen States," Labor Law Scott, W. Richard. "Reactions to Supervision in Journal, 17, 9 (September, 1966), 532-40. a Heteronomous Professional Organization," Lawler, E. E. and O'Gara, P. W. "Effects of In- Administrative Science Quarterly, XX, 1 equity Produced by Underpayment on Work (June, 1965), 65-81. Output, Work Quality, and Attitudes To- Sheehan, Robert. "Lest We Forget," Police, Part ward the Work," Journal of Applied Psy- 1 (SeptemberOctober, 1959) and Part 2 chology, 51 (1967), 403-10. (NovemberDecember, 1969). Levy, Burton. "Cops in the Ghetto: A Problem Simon; Herbert A. "Notes on the Observation of the Police System," American Behavioral and Measurement of Political Power," The Scientist, (MarchApril, 1968). JournalofPolitics,15, 4(November, Long, Norton. "The City as Reservation," Public 1953), 500-16. Interest (Fall, 1971). Stern, James L. "The Wisconsin Public Employee Lyons, Richard L. "The Boston Police Strike of FactFinding Procedure,"Industrial and 1919," The New England Quarterly, 20, 2 Labor Relations Review, 20, 1(October, ( June, 1947). 1966), 3-29. McLennan, Kenneth and Moskow, Michael H. Stieber, Jack. "Collective Bargaining in the Pub- "Multilateral Bargaining in the Public Sec- lic Sector," in Ulman, Lloyd (ed.).Chal- tor," Proceedings of the Twenty-First An- lenges to Collective Bargaining. Englewood nual Meeting (Industrial Relations Research Cliffs, New Jersey:Prentice-Hall,Inc., Association, Madison, Wisconsin, 1969). 1967. McNamara, John H."Uncertainties in Police Weber, Arnold R. "Stability and Change in the Work:The Relevance of Police Recruits' StructureofCollectiveBargaining,"in BackgroundsandTraining'inBordua, Ulman, Lloyd (ed.), Challenges to Collec- David J. (ed.). The Police: Six Sociological tive Bargaining.Englewood Cliffs, New Essays. New York: John Wiley & Sons, Jersey: Prentice-Hall, Inc., 1967. Inc., 1967. "Paradise Lost; or Whatever Happened

20 1 to the Chicago Social Workers?" Industrial White, F.heila. "Work Stoppages of Government and Labor Relations Review, 22, 3 (April, Employees," Monthly Labor Review, 92, 12 1969), 335. (December, 1969), 30.

*U.S.GOVERNMENT PRINTING OFFICE: 1974 0-538.741

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