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Janus ruling Concrete Proof Why Law Enforcement Unions Vote Against Their Interest Political Elections?

The existence of a healthy and politically respected union is fundamental to workplace Peace, Health and Order. Decisions made in collective bargaining and negotiations between employer and unions are more influential today than ever before. The role of union leadership is to play an essential role in efficient communication between its members and the municipality. But in the last decade or so, law enforcement unions have lost their way in the fundamental function and culture of labor unions by confusing political philosophies with the overall mission of a labor union and the interest of its members.

Law Enforcement unions and Fraternal organizations have historically voted against their interest even after candidates made known publicly that their political agenda was against the fiber of labor and labor rights.

Historically, the Republican Party has always supported law enforcement, so they thought. For the last 40 Years, Republicans have quietly plotted to lower union enrollment and attack Collective Bargaining rights.

To destroy collective bargaining is to kill the right of a union member to any resolution of a labor dispute. For workers like police and firefighters, failure to resolve conflicts is hazardous; it could put an officer in harm’s way and a threat to the overall public safety of our communities. The Republican goal is to eliminate collective bargaining weaken unions and ultimately undermine the middle class.

In 2011, Wisconsin Gov. Scott Walker and state Republicans passed Act 10, which reduced collective bargaining and cut the pay of public sector employees. Walker set the blueprint for Republicans to dismantle the power of labor unions on a National stage.

In Iowa, cops and firefighters voted overwhelmingly for Republicans in Iowa and had come to the grim reality that Republicans are anti-union. Iowa Republican state legislation splits public workers into two groups, one that’s “public safety workers,” and one that isn’t.

The Iowa Republican Bill even removed the provisions for “just cause” firings. This means public workers could get the fired at any time, with no recourse of action to save their job.

The Iowa State Republicans voted and passed a bill that dismantled the state’s 40-year-old collective bargaining law, dramatically weakening the power of public sector labor unions and leaving some 185,000 public workers unable to bargain over benefits, healthcare, vacations, retirement, and nearly all workplace issues outside of wages.

The last two terms of former Westchester County Executive, Robert Astorino, he made good on his promise to Corporate Westchester by lowering salaries and benefits of county workers. These same county workers whom many can’t even afford to live in the county they work for had their wages benefits lowered all for tax breaks to Corporate Westchester.

Mr. Astorino wrote in an Op-Ed printed by the New York Post on January 16, 2012, and in the Journal News on Jan 30, 2012, to take on the task of criticizing Gov. Andrew Cuomo and other legislative leaders for not to pursuing any reform this year concerning the Triborough Amendment.

The Triborough Amendment mandates that event of lack of a contract, the terms of the previous contract remain in place until a new contract is agreed upon by labor and management or the government municipality. Mr. Astorino uses this to support his theory that the Triborough Amendment has put a burden on county finances because raises continue after the labor contract expired which is false. Astorino’s Administration’s goal was to break unions contractually.

The first contract he passed with Westchester COBA, enables the first crack in setting the standard for broken unions in Westchester. The Westchester COBA leadership agreed to separate healthcare cost of hires after 2012. The hires would pay six percent more in premium contributions, a total of 20 percent and pay the same when retired, while those officers employed before 2012 would pay 14 percent and not pay at all when retired. They also agreed to lower the top pay of all hires after 2012.

Astorino last accomplishment in true Gov. Scott Walker fashion that he split one union in two contractually by giving one group of active members a higher raise than the other. Correction Officer has settled for a two-tier raise system contractually that set a dangerous precedent for labor unions all across the state of New York. Former County Executive Robert Astorino within eight years he contractually broke one of the largest law enforcement unions in Westchester County.

Even after many union rights and salaries lost, Astorino’s public attack on the Triborough Amendment.  County Law Enforcement Unions stood faithfully with Astorino in last year’s election against current County Executive George Latimer.

National Law Enforcement organizations like the Fraternal Order of Police and local police unions have stood behind Donald Trump for the election to be President. His claim to be a “Law and Order” President as it relates to rights and benefits to law Enforcement is only Republican rhetoric, and Blue Lives symbolism and no substance in actual legislation to protect the rights and interests of law enforcement throughout the nation.

The Trump administration are strong supporters of what’s called “right-to-work” laws, state laws that disallow unions from requiring membership dues, thus undermining their ability to survive with no financing.  With these laws in place, the public sector worker will have no voice in the workplace. This is a severe threat to union members and non-union workers alike.

President Trump recently signed executive orders containing sweeping reforms that weaken protections for federal workers and eliminate perks for the unions that represent them.

Under the new executive orders, unions will be charged rent for federal office space and will not be reimbursed for travel expenses or hours spent appealing worker firings.

Trump also ordered the termination of an Obama-era policy that says leniency for one worker sets a precedent protecting others from firing, and shortened review periods preceding discipline for poor-performing employees.

In a case involving the rights of tens of millions of private sector employees, the U.S. Supreme Court, by a 5-4 vote, delivered a major blow to workers, ruling for the first time that workers may not band together to challenge violations of federal labor laws.

Writing for the majority, Justice Neil Gorsuch, who is a Tump appointee to the Supreme Court said that the 1925 Federal Arbitration Act trumps the National Labor Relations Act and that employees who sign employment agreements to arbitrate claims must do so on an individual basis — and may not band together to enforce claims of wage and hour violations.

This ruling with present increasing problems for other civil rights class actions claiming discrimination based on race, gender and religion. There is no transparency in most binding arbitration agreements, and they often include non-disclosure provisions. Class actions assist the individuals to deal with the fear of retaliation problems of solo claims.

The recent 5-4 decision in the case, Janus v. the American Federation of State, County and Municipal Employees Council 31, effectively makes the entire U.S. public sector a “right-to-work” zone. As a result, millions of public employees will have the choice to no longer support unions that must continue to bargain on their behalf.

Janus, as the case is known, was widely seen as the biggest judicial threat to organized labor in years, if not decades. The ruling in favor of Mark Janus, an Illinois state employee, has the potential to squeeze some of the largest and most powerful unions in the country, reducing their clout in the workplace as well as in national and local politics.

In many states, public workers, especially law enforcement are the backbone of middle-class living. According to conservative economist Stephen Moore, who advised Trump’s campaign on tax policy. He told Bloomberg Politics, “that going after state and local taxes will weaken public unions.”

Republicans say they hope the change will mean lower state taxes and smaller governments. The removal of the state and local tax break could hurt the public sector. The bill is designed to weaken the Democratic constituency that work for local and state governments and that rely on taxpayers for jobs and pensions. But the reality is, it’s also weakening the majority Republican member law enforcement unions throughout the nation who rely on strong labor laws for the protection of workplace safety.

To our detriment, Law Enforcement unions have never considered themselves labor union leaders that are part of the labor movement in its entirety, and now the chickens have come home to roost in our contract negotiations and our collective bargaining rights.  If these law enforcement union presidents don’t step out of the box, realign themselves with the national labor movement and struggle and honestly address labor issues and support candidate that genuinely have labor interest in mind; they will have failed its members and the greater public and the working middle class.

I openly challenge to any Law Enforcement union or organization that openly supported Republicans to prove me wrong!


About Damon K. Jones (238 Articles)
Damon K. Jones is an Activist, Author, and Publisher of Black Westchester Magazine, a Black-owned and operated newspaper based in Westchester County, New York. Mr. Jones is a Holistic Health Practitioner, First Aid in Mental Health Practioner, Diet, and Nutrition Advisor, and Vegan, Vegetarian Nutrition Life Coach. Mr. Jones is a 31 year Law Enforcement Practioner, New York Representative of Blacks in Law Enforcement of America. Mr. Jones has been a guest commentator on New York radio stations WBLS (107.5 FM), WLIB (1190 am), WRKS (98.7 FM), WBAI (99.5 FM), and Westchester's WVOX (1460 am). Mr. Jones has appeared on local television broadcasts, including Westchester News 12 “News Makers” and Public Television “Winbrook Pride. You can now hear Damon every Wednesday at 830 AM on WFAS 1230 AM, Morning with Bob Marone Show.
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