THE EXPERIENCE OF TRADE UNIONS IN THE USA POLICE AND THE POSSIBILITY OF ITS IMPLEMENTATION IN UKRAINE

Oleksandr DYACHENKO

DYACHENKO O. (2023), THE EXPERIENCE OF TRADE UNIONS IN THE USA POLICE AND THE POSSIBILITY OF ITS IMPLEMENTATION IN UKRAINE; Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, № 2, 433-439

DOI: 10.31733/2078-3566-2023-2-433-439

 

ABSTRACT. The article is devoted to the historical and legal study of the formation and role of trade union organizations and the USA police.

The work examines the reasons for the emergence of the trade union movement in the USA, which include: first, the vast majority of police officers (up to seventy percent of police officers) during this period assumed that people had a very negative attitude towards the police; secondly, police officers expressed dissatisfaction with a number of burdensome rules and traditions that limit their rights. Among the most egregious traditions are policemen lining up 30 minutes before the start of an eight-hour shift, testifying in court after off-duty hours, being called to duty for essential tasks, preferential treatment in promotion and unequal punishments; third, like many other employees working for the government, police officers in the 1960-s felt that their wages and working conditions were inadequate.

The main models of the activity of trade unions are highlighted. The first model is used in half of the country’s states and is called the «arbitration model». The essence of the specified method is as follows: in the event that the negotiations between the parties involved in the conflict reach a dead end, a neutral arbitrator is appointed, who is authorized to apply the permitted methods of conflict resolution.

The second model of dispute settlement between employees of police institutions and management can be called «negotiations until full agreement».

A third model works in the rest of the states and can be called «negotiation optional». Such a system works in states where there are collective bargaining between police unions and police management bodies, or in general there is no legal regulation on this issue at all.

It was established that the creation of independent professional unions to ensure the rights and freedoms of police officers in Ukraine, as a specific authority with legally established restrictions, is an extraordinary event in the modern history of Ukraine.

Keywords: trade union, police, policeman, working conditions, collective agreement, employment.

    References:

  1. Rush G. E. The Dictionary of Criminal Justice. 3-rd ed. Guilford, Connecticut: The Dushkin Publishing Group, Inc., 1991. S. 306.
  2. Bennet W. W., Hess K. M. Management and Supervision in Law Enforcement. 2-nd ed. Minneapolis : West Publishing Company, 1996. S. 290.
  3. Thibault E. A., Lynch L. M., McBride R. B. Proactive Police Management. 4-th ed. Upper Saddle River, NJ : Prentice Hall, 1998. S. 382.
  4. Prasow P., Peters E. Labor Arbitration and Collective Bargaining: Conflict Resolution in Labor relations. NY : McGraw-Hill Book Company, 1970. S. 4–5.
  5. Kossen S. Supervision. 2-nd ed. St. Paul, Minn : West Publishing Company, 1991. S. 376.
  6. Salerno C.A. Overview of Police Labor Relations, in: Collective Bargaining in the Public Sector. Gaithersburg: International Association of Chiefs of Police, 1977. S. 14.
  7. Burpo J. H. The Police Labor Movement. Springfield, Ill.: Charles C. Thomas, 1971. S. 34.
  8. Uniform Crime Reports. Washington, D.C.: U.S. Government Printing Office, 1970. S. 342.
  9. Bureau of Justice Statistics Sourcebook of criminal Justice Statistics. – 1997. Washington, DC: Department of Justice, 1998. S. 315.
  10. Murray E.P. Should the Police Unionize. The Nation. June 13, 1959. P. 530; Gallup Poll on Police Unions. New York Times. January 12, 1967. S. 52.
  11. Aitchison W. The rights of Police Officers. 3-rd ed. Portland, Oregon: Labor relations Information System, 1996. S. 7.
  12. Municipality of Anchorage v. Anchorage Police Department Employees Association, 829 P.2nd 1080, Alaska, 1992; City and County of San Francisco, 43 Cal. Rptr. 2d 421, Cal. App. 1995.
  13. Partridge D.M. Teacher Strikes and Public Policy. Journal of Collective Negotiations in the Public Sector. Vol. 25. 1996. № 1. S. 8.
  14. Los Angeles County Civil Service Commission v. Superior Court, 588 p. 2d 249, Cal. 1978.
  15. Thomas v. Collins, 323 U.S. 516, 1945; Mescall v. Rochford, 655 F.2d 111, 7th Cir. 1981; Police Officers Guild v. Washington, 369 F. Supp. 543, D.D.C. 1973; Melton v. City of Atlanta, 324 F. Supp, 315. N.D.Ga. 1971.
  16. Pro profesiini spilky, yikh prava ta harantii diialnosti : Zakon Ukrainy 15 veresnia 1999 roku № 1045-XIV [About trade unions, their rights and guarantees of activity]. URL: https://zakon.rada.gov.ua/laws/show/1045-14#Text [in Ukr.].
  17. Pravozakhysnyky krainy pervynna profesiina spilka [Human rights defenders of the country are the primary trade union]. URL: https://www.diac.org.ua/ [in Ukr.].
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