Legal
Enrollment Application for Legal Program
Enrollment in POAM Extended Legal Representation Plan Read More »
Extended Legal Representation
(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 provides extend... 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 »
Printable Garrity Form
Legal Union Representation
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 »
Family 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 »
Warning to the Law Enforcement Community!
Several labor unions who purport to represent police officers are seriously misrepresenting Garrity right issues. It has come to POAM's attention that allegations have been made concerning POAM's representation of the Garden City bargaining unit, which falsely claim that POAM did not properly represent officers relating to Garrity rights issu... Read More »
PERA - Public Employment Relations Act
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 »
The Value Of A Bright Line Rule When Applying The Fourth Amendment
By Ed Jacques, LEJ Editor In the case of People of the State of Michigan vs. Michael William Mungo, a prosecutor appealed a circuit court order granting a defendant's motion to suppress evidence and to quash the Information. The Washtenaw Circuit Court had suppressed evidence of a gun found as a result of a search of the ... Read More »