Legal

 

adobe acrobat readerThe Seven Tests of Just Cause

 

Enrollment Application for Legal Program

Click Here to Enrollment in POAM Extended Legal Representation Plan Read More »

 

Extended Legal Representation new!

(NOTE: The answers provided below are for informational purposes only. Reference should be made to the agreement for the detailed terms of coverage.) Click Here to download the Extended Legal Representation Contract   Application to Enroll in POAM Extended Legal Represntation Plan 1. WHAT IS IT? The program provi... Read More »

 

Legal Garrity Right

By FRANK A. GUIDO POAM General Counsel A recent article, Take the Garrity Quiz, Do You Know Your Rights?, which appeared in the Winter 2004-2005 edition of The Peace Officer, a publication of the Fraternal Order of Police, has raised concern amongst POAM members who have been confronted by employer representatives touting the ... Read More »

 

Sound Legal Advice - Police Reports Are Statements

by Douglas Gutscher, POAM Assistant General Counsel We represent nearly 12,000 law enforcement officers or related public employees across the State of Michigan. Each year there are a varying number of critical incidents across the State. Critical incidents include the discharging of a firearm, death in custody, an allegation o... Read More »

 

adobe acrobat readerPrintable Garrity Form

 

Generally Speaking - POAM Victory Leads to Important Change in Bargaining Rights

By Frank Guido, General Counsel When a change in the law occurs, there is reason to take notice. When that change is coupled with bringing into POAM membership a new unit of employees, there is even greater reason to take notice. Despite prevailing in the Wayne County Deputy representation election in October of 2008, wherein P... Read More »

 

Legal Union Representation - Your Weingarten Rights!

By: Frank A. Guido, POAM General Counsel The right to union representation in an employer conducted meeting or interview was established in the landmark decision in NLRB v J. Weingarten, Inc., 420 US 251 (1975). The Court held that an employee has a statutory right to insist on the presence of a union representative in an i... Read More »

 

external linkFamily Medical Leave Act (FMLA)

 

What Constitutes a Past Practice

The most often-cited reference to "past practice" is the article by Arbitrator Richard Mittenthal entitled "Past Practice and the Administration of Collective Bargaining Agreements". 59 Michigan Law Review (1961). Arbitrator Mittenthal's definition of past practice is: A course of conduct that is the understood and accepted way of doing thi... Read More »

 

Garrity Rights Consent Judgement

POLICE OFFICERS ASSOCIATION OF MICHIGAN and its member Plaintiffs, v LIVINGSTON COUNTY SHERIFF, DONALD HOMAN, in his official capacity, LIVINGSTON COUNTY through its BOARD OF COMMISSIONERS Case No. 00-CV-75339-DT Hon. Lawrence P. Zatkoff, Chief Judge Magistrate Wallace Capel, Jr. On removal from Livingston ... Read More »

 

Failure to Recall is... Termination Without Just Cause

By Ed Jacques, LEJ Editor In April 2003, the Frankfort Police Department laid off its least senior officer in the department. Under the terms of its existing contract that expired in 2004, recall from lay- off was provided for, without regard to how long an officer remained in lay-off status. The officer in question was s... Read More »

 

Retroactivity of Grievances

By Ed Jacques, LEJ Editor On February 14, 2007, Ottawa County Circuit Judge Edward R. Post issued an opinion and order affirming a previous Act 312 arbitration panel award. Act 312 provides for compulsory arbitration of labor disputes that arise between a municipality and its police department. Such a dispute arose between... Read More »

 

Mutual Agreement Must Take Place to Change Work Schedule

By Ed Jacques, LEJ Editor This case was a contract interpretation dispute arising as a result of a change in work schedule. POAM contended that the Employer violated the Collective Bargaining Agreement when it changed the Grievants work schedules without their agreement. The Administration countered that a past practice h... Read More »

 

adobe acrobat readerPERA - Public Employment Relations Act

 

Generally Speaking - Compulsory Arbitration—Procrastination Leads to Supreme Court “Injustice”

By Frank Guido, General Counsel The Public Employment Relations Act prohibits a public sector union from engaging in a strike. Without the right to strike, a labor union lacks leverage in collective bargaining. Compulsory arbitration evolved to create a balance between management and labor so as to avoid disputes and work stopp... Read More »

 

Employer Cannot Adversely Affect a Member's Right to Engage in Lawful Concerted Activities

By Ed Jacques, LEJ Editor As reported in a previous LEJ, POAM will periodically report on judges and decisions issuing from various Michigan and Federal Courts which have a positive or negative impact on Law Enforcement and Public Employee Labor Organizations. City of Detroit vs. Detroit Police Officers Association (DPOA)... Read More »

 

Generally Speaking - Arbitration Under Attack: Employer Tactics Backfire

By Frank Guido, General Counsel POAM and its satellite organizations, COAM, TPOAM and FAOM, represent thousands of public employees throughout Michigan. We have more than 400 different collective bargaining agreements in place with various public employers at the city, county, township and village levels. More than 99% of ... Read More »