Wednesday, June 03, 2020

Due process alert!

One of the hallmarks of Organized Labor is Due Process. What separates non-union from Union Labor is the fact that non-union employees are, 'at will.' They can be fired at anytime for any reason or none.

A Union contract guarantees Just Cause and Due Process.

I was a Union Steward many years when I was a Detention Deputy. When a Detention Deputy was in trouble my job was to make sure Due Process was followed. ALL union members are entitled to that. The employer can't just say, 'You're fired.'

The police officers involved in the George Floyd arrest were fired, fired in violation of their Union Contract and in violation of Minnesota State Law. 

The Union Contract between the City of Minneapolis and the Minneapolis Police Federation spells out what steps must be taken in Article 12 of their contract.

Minnesota State Law, MSS 626.89 Peace Officer Discipline Procedures Act, spells out
the rights and protections Police Officer's have. 

The  Detention Deputies have a similar law MSS 241.026 Correctional Officers Disciplinary Procedures

It is with shock that I read that the AFLCIO  supports their firing without Due Process, and further wants their elected representative of the Minneapolis Police Federation also fired. 

Kare 11 is reporting, "Unions exist to protect workers who have been wronged, not to keep violent people in police ranks,"McCarthy stated. "All four police officers involved in George Flyd's murder must be charged."

Later in the day, the president of Education Minnesota joined the AFL-CIO's call for Kroll's resignation."

What? What? The AFL-CIO President Bill McCarthy  and the Teachers Union (Education MN) are calling for the Union protections of these now former officers to be stripped? Further they want their duly elected Union President removed for having the balls to want their contract followed? Why? Because there's controversy? That's exactly when a member needs Union protection of their rights. Remember that Bill the next time one of your members are in trouble.


Has anyone been convicted of a crime? Has an internal investigation been done? No!
Why? Because the Mayor fired them without due process and now they can't include the accused officers in an internal investigation. Only employees can be ordered into Internal Affairs to give a statement. 

The correct contractual and legal process is: 

Place the accused on paid Administrative Leave.

Conduct an Internal Affairs investigation with their Union rep and/or lawyer present.
The I.A. investigation can recommend discipline up to and including firing. But most importantly the City and Police Department can know exactly what happened.

If they intend to fire they must give notice and the Officer and Union are entitled to a hearing and appeal. They are further entitled to Arbitration if they disagree with the results of the appeal.

There are even further protections if the member is a Military Veteran.

I understand the outrage people have after watching the video of George Floyd. This Post is not about that incident.

Due Process and Law must be what are followed, not immediate emotion and mob mentality. 

As far as I am concerned the AFLCIO and Education Minnesota (Teacher's Union) are stealing their members money if they aren't willing to protect them when the shit hits the fan. 


The mob is intending to run over 100 years of Labor gains and apparently the larger Unions are willing to throw all Organized Labor under the bus to appease the mob.

Like him or not, Bob Kroll is not the villain. He's a Union Rep doing exactly what his members elected him to do. The AFLCIO and Education MN would do well to take note.

And all current Union members should be afraid. If Due Process is tossed to the wind you have no protection, there's no point in a Union.

As an aside, even Conservative heavy weights like Rush Limbaugh and Sean Hannity have applauded the immediate firings, and are both saying the Officer should be charged with First Degree Murder and the other three arrested. Aren't these two hypocrites the same that screamed for 3 years about Due Process being denied to General Michael Flynn? 

This isn't about Bob Kroll or George Floyd, it's about Union won Due Process. Bad public servants can and should be fired, but for Cause, not emotion or expediency.

Unless Labor Unions want to become extinct, they had better remember their roots and protect their members. Otherwise the dues are just a waste of money.


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