The Police Officers Journal
COVID changes Union operations, negotiations, arbitration hearings — By Jennifer Gomori, POJ Editor
W
hen the pandemic hit our nation, Employers everywhere were scrambling to figure out how to conduct business with stay home orders and limited in-person contact as coronavirus spread. Grievances were delayed mostly due to the shut down by the State. Hearings were held only under specific conditions such as the disinfecting of the buildings. Employers had to agree to these stipulations further complicating matters. Virtual meetings through video conference became the way to work around the issues, but some Employers would not agree to this method of conducting labor business. POLC/GELC Labor Attorney Brendan Canfield has been navigating the technical difficulties of arbitration via Zoom. He said it’s much easier to hand out new documents in person versus screen sharing. In group settings, he was unable to properly see facial expressions when questioning people. “I had one hearing when all three people were on the camera, very far away, so it made it difficult,” Canfield said, adding that it’s much easier to conduct hearings with one person on camera. The element of surprise when sharing evidence is also often lost when matters are settled virtually. Typically, attorneys submit their exhibits during the arbitration. With virtual hearings, he said, everyone gets to view the exhibits in advance of the hearing. “I think that probably a lot of people were reticent to have virtual meetings. For me, I’ve gotten more used to it,” however, Canfield said, “I think there are times and places to have things in person. There are other types of meetings and hearings I wouldn’t have a problem with on Zoom.” Canfield said he’s flexible when one party is set on having a Zoom
meeting. “I generally will be fine unless the case is too complicated to be done that way,” he said. “In the future, it all comes down to the agreement of the parties.”
CONTRACT CHANGES
Many contract negotiations were delayed at least one year due to concerns over meeting in person. In many cases, Union Employees were given agreement extensions with small raises. Several months later some people began meeting face-to-face with masks and social distancing to conduct meetings. But as mitigation measures became the new norm, officials began to realize even more benefits of conducting some business via video conference. It saved time, travel costs, and even space needed inside businesses. Major companies have already announced plans to reduce the number of their facilities to save on operating costs, even after the pandemic has ended. POLC/GELC Labor Rep. John Stidham said pre-COVID-19, he typically drove 7 hours a day to meet with unit members. The drive time he saves now makes it easier to get to members faster than scheduling a time to meet in person. Stidham said virtual meetings enable him to give more attention to more units in a timely manner. “I can negotiate Marshall’s contract in the morning and Barry County in the afternoon,” Stidham said. “It’s not like communicating face-to-face but it is safe, and you can put a face to the voice. A lot of businesses talk about continuing to allow their Employees to work from home.” To maintain social distancing at the POLC/GELC office, some staff members have been taking turns working from home and at the office, with some labor representatives finding they only need to visit the office once or twice a week. “They are able to accomplish a lot from home,” said POLC/GELC Director Rob Figurski. “It has been somewhat challenging but it could be the look of the future at some workplaces.” However, Figurski was quick to point out, the POLC and GELC will not use video conferencing as a substitute when in-person options are readily available. It’s the same for Unions as it is for schools — meeting in person is always best. He said Labor Reps will continue to make visits to their units as allowed by safety measures. In the beginning of the pandemic, Unions worked with legislators to get the PPE needed for Public Safety Employees when everyone was being told it was unavailable. The Unions worked to get COVID-19 added to qualifications for line-of-duty deaths, so families of these frontline workers would at least have the Continued bottom of page 7
6 • SUMMER 2021
