105 North Hudson Avenue, Suite 312 Oklahoma City, OK 73102
Phone: (405) 270-0900 Fax: (405) 270-0903 Email: info@legalavenger.net
Phone: (405) 270-0900 Fax: (405) 270-0903 Email: info@legalavenger.net
105 North Hudson Avenue Suite 312 Oklahoma City, Ok 73102
Phone: (405) 270-0900 Fax: (405) 270-0903 Email: info@legalavenger.net
Publications
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POWER (Proactive Observant Wise Effective Representation) Educational Series These manuals are part of the POWER (Proactive Observant Wise Effective Representation) educational series prepared by Loren Gibson, Gibson & Associates, P.L.C., for Labor leaders. POWER is dedicated to providing informed, effective representation for organized labor. POWER is designed to prevent the abuse of power described by Publilius Syrus in 42 B.C. that "even false becomes true when the Chief says so." These documents require you to have either Microsoft Word or Adobe's Acrobat Reader installed on your computer. Acrobat Reader is available at no charge from Adobe's website. Click here to get it.  As FOP representatives, you frequently must process grievances, related to both discipline and contract interpretation. While Oklahoma has never formally imposed the duty of fair representation on FOP Lodges, such is certainly possible. Applying private sector employment law, the duty of fair representation prohibits conduct that is arbitrary, discriminatory or in bad faith. This conduct can be both affirmative acts and negative omissions. Fair representation cases frequently center on the quality of assistance provided to members and for failing to timely file or process grievances. Consistent training to FOP representatives, both old and new, is essential in avoiding fair representation claims and in providing the high quality of services, the FOP is known for.
 As FOP officials and representatives, you are often called to protect and assist officers being investigated for potential discipline. This paper is designed to provide ammunition in your battle to protect officers. Part of the FOP's duty of fair representation, includes the obligation not to engage in any activity that is arbitrary (irrational in light of the facts), discriminatory (political opponents, race, age, gender, national origin, pregnancy or disability) or in bad faith (wholly unrelated to legitimate FOP objectives). Fair representation cases often center on the quality of assistance provided to officers facing discipline. Particularly given the high and frequent turnover of FOP officials, consistent training and a fundamental source of knowledge for FOP officials to assist Lodge officers are important.
 How many times have we heard the City say "we can do it under management rights"? Or worse, and more often, they do it, and then say "we had the right to do it under management rights." Yet, the FOP exclaims that the FPAA, and frequently our CBA, incorporates every past practice, departmental policy and manner of operation, that is not "otherwise" covered by the CBA. We are familiar with the rule that every mandatory subject of bargaining must be bargained with the FOP before management makes unilateral changes. This is legally known as the "Borge-Warner" standard, named after the case creating the test. While virtually everything is a mandatory subject, we often find cities disregarding our rights and just implementing changes at will. There is zero doubt that the typical management rights clause and the prevailing rights clause conflict with one another. In short, there is tension between them. So does one "trump" the other? Do they both mean something? Can they be harmonized and read together in some fashion?
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