Vice-President's Viewpoint
What a Month of May
by Dan Kuhn
The role of vice president of the largest police union in the state of Michigan, as well as representing the POAM membership as a business agent is not one I take lightly. Although, I consider it an honor representing all of you across the state, it can sometimes be a lot of work too. Myself, and several other POAM business agents began the month of May by attending the Labor Arbitration Institute Program on Labor Law and Labor Arbitration in Chicago. The most critical part of being a B.A. in my opinion, is getting as much labor knowledge as I can. Much of what I learn is gained through the experience I get representing you as a business agent, but another big portion of it is my attending schools like this one.
The POAM is very conscious of the fact that training is an essential part of any labor union, and as an employer is second to none in the training of their employees. The opportunity to meet and network with so many arbitrators like George Roumell, Tom Angelo, Stephen Belfort, Christine Ver Ploeg, and Joan Parker was an invaluable experience. Seldom does one find that many arbitrators in one room, much less have the chance to talk with them one on one. The number of years of experience and knowledge that those instructors represent is very humbling. Arbitrator Roumell alone has decades of experience unmatched by few in this business. To observe their careful deliberation, and watch as they rendered their opinions on the numerous cases brought before them during the week was just plain amazing.
The topics ranged from just cause arguments, to contract interpretation, to off-duty misconduct, to everything in between. The Arbitrators were arranged in a panel on a stage in front of all of us, with a mediator presenting them with each case. After hearing the cases, each arbitrator would deliberate, and then activate a red light for overturn, or a green light for uphold. Then, each Arbitrator would provide the reasoning behind their decision and often make an argument for remedies that fall somewhere "in the middle" of the union or the employer's desires, which I see a lot of in our own POAM arbitration cases.
What did I learn? I learned that reasonableness seems to be a question that all of the arbitrators asked themselves, even though all of them seemed to have varying definitions of "what's reasonable". I learned that arbitrators seldom agree unanimously on anything. To observe as they rendered their decisions on possibly life-altering issues to the grievant was a little scary. Some arbitrators used the standard of reasonable doubt, some considered preponderance of the evidence, and some seemed to want clear and convincing evidence. The most important thing I realized is that although arbitrators are professional, and well intentioned, they don't always agree. Going before an arbitrator comes with some risk-period. Sometimes you win, sometimes you lose, and often you end up with something in between. My experience at the Labor Arbitration Institute was a memorable one and it reinforced my pride in how POAM prepares for arbitration and our commitment to thoroughly research the topic before selecting an arbitrator.
After my trip to Chicago, I attended Police Memorial Week in Washington, D.C., and finished off the month in Grand Rapids for the Annual POAM Convention where I continued my learning experiences at our seminar while catching up with many of my member groups. It is my privilege to represent the members of the POAM where ever I am. Stay safe and I hope to see you soon.