Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
97
Chapter 15
HIRING PERSONNEL AND DEALING WITH UNIONS
_________________________
Chapter 15 Learning Objectives
After completing this chapter, students will know
• What steps the selection process involves
• What the most common screening methods used in the hiring process are
• What major employment legislation affects hiring for law enforcement agencies
• In what areas of management EEO and affirmative action policies are important
• What the National Labor Relations Act requires of management
Chapter 15 Outline
Introduction
The Importance of Hiring Well
Recruiting
The Shrinking Applicant Pool
Departmental Self-Appraisal
Recruiting Strategies
Instructor’s Manual
98
Testing/Screening
Written Tests
The Medical Examination
Educational Requirements
Laws Affecting Employment
The Family and Medical Leave Act of 1993
The Uniformed Services Employment and Reemployment Rights Act of 1994
The Americans with Disabilities Act of 1990
Employment Issues
Types of Law Enforcement Unions
Reasons for Joining Law Enforcement Unions
Management versus Employee Rights
Management, Unions and Politics
Levels of Bargaining
Chapter 15 Summary
Selection of law enforcement personnel is a critical management function. The selection
process is based on carefully specified criteria and usually includes completing an
application form, undergoing a series of tests and examinations, passing a background
Chapter 15: Hiring Personnel and Dealing with Unions
99
Employment Opportunity Act (EEOA) of 1972, prohibits discrimination based on race,
color, religion, gender or national origin for private employers with 15 or more
employees, governments, unions and employment agencies. The Equal Employment
An affirmative action program (AAP) is a written plan to assist members of traditionally
discriminated against minority groups in employment, government contracts and higher
education. Equal employment opportunity and affirmative action policies begin with
recruiting and selecting but are also important in assigning, training, promoting,
disciplining and firing personnel.
The National Labor Relations Act of 1935 (Wagner Act) legalized collective bargaining
and required employers to bargain with the elected representatives of their employees.
Chapter 15 Key Terms
adverse impact when the rate of selection is different for special classes than for
the most selected class of applicants; the rule of thumb is that an adverse impact
occurs when the selection rate, or percentage passing, of any special class of persons
is less than 80 percent of the selection rate of the top scoring group.
affirmative action program (AAP) a written plan to ensure fair recruitment, hiring
and promotion practices.
background check investigating references listed on an application as well as
Instructor’s Manual
100
closed shop prohibits management from hiring nonunion workers.
collective bargaining the process whereby representatives of employees meet with
representatives of management to establish a written contract setting forth working
conditions for a specific time, usually one to three years.
Equal Employment Opportunity Commission (EEOC) enforces laws prohibiting
Landrum–Griffin Act of 1959 required regularly scheduled elections of union
officers by secret ballot and regulated the handling of union funds.
National Labor Relations Act of 1935 (Wagner Act) legalized collective
bargaining and required employers to bargain with the elected representatives of their
employees.
National Labor Relations Board (NLRB) the principal enforcement agency for
reverse discrimination giving preferential treatment in hiring and promoting to
women and minorities, to the detriment of White males.
right-to-work laws make it illegal to require employees to join a union; established
by the Taft-Hartley Act of 1938.
special employment groups groups included in affirmative action programs such as
Chapter 15: Hiring Personnel and Dealing with Unions
union any group authorized to represent the members of an agency in negotiating
such matters as wages, fringe benefits and other conditions of employment.
union shop must belong to or join the union to be hired.
vicarious liability makes others specifically associated with a person also
Classroom Discussion Questions
1. Identify and briefly discuss the factors that led to police unionism
2. Identify two categories of police unions and give examples for each.
3. To what do the terms mandatory, permissive and prohibited refer?
7. Have there been any civil suits related to law enforcement employment in your
area in the past few years? In your state?
8. What is the most difficult part of the selection process?
9. What questions would you ask during an employment interview?
Instructor’s Manual
102
Student Activities
1. Decide what you want in a police applicant. Write a job description that allows a
clear distinction of what types of test and requirements would be used.
believe is presently unequal.
Challenge Fifteen
The Greenfield Police Department’s hiring process has not changed in many years.
Officer applicants, without exception, must have a two-year law enforcement degree to
be eligible to apply. Applicants are initially screened with a standardized written exam
testing general knowledge. The test uses language not specific to the Greenfield Police
Successful applicants are required to pass a rigorous physical fitness test. The applicants
are tested for strength, endurance and agility. It is common knowledge within the
department that many of the current officers could no longer pass the test.
Challenge Fifteen Questions and Suggested Answers
1. The Greenfield Police Department has a requirement that applicants must have a
two-year degree in law enforcement. Can you think of any potential negative
consequences resulting from this requirement?
Education is a huge benefit to individual officers and their departments. Educational
requirements enhance professionalism and attract high-quality candidates. However,
Chapter 15: Hiring Personnel and Dealing with Unions
103
2. What changes should you suggest for the written exam?
The written examination should reflect current conditions and technology—computer
skills have become more important than penmanship. The test should be specific to
3. What are the benefits of adding an essay to the written test?
Essay tests are often unpopular with candidates for a good reason—they require
4. How could you improve the interview portion of the hiring process?
The interview panel may be more effective if it was representative of the entire
department and not just management. Line officers, civilian employees and even
Instructor’s Manual
104
5. Do you see any pitfalls with the physical fitness test?
In a perfect world, the entire department would be healthy and physically fit.
