© 2012 Delmar, Cengage Learning Section V Getting the Job Done… Through Others Chapter 15 Hiring Personnel and Dealing with Unions

© 2012 Delmar, Cengage Learning The Importance of Hiring Well Vicarious liability –The legal responsibility one person has for the acts of another Negligent hiring –Failure to use an adequate selection process or to check for prior offenses or misconduct

© 2012 Delmar, Cengage Learning Recruiting Challenges The shrinking applicant pool Appealing to a new generation of applicants Dispelling misconceptions caused by the media Understanding that law enforcement has changed from a blue-collar job to a challenging, technical profession

© 2012 Delmar, Cengage Learning Departmental Self-Appraisal 1.Salary 2.Benefits 3.Job security 4.Career development 5.Job satisfaction

© 2012 Delmar, Cengage Learning Recruiting Strategies Traditional activities –Advertisements –Job fairs –Visits to colleges Web sites –Branding and the Internet Second-career officers

© 2012 Delmar, Cengage Learning Recruiting for Diversity Racial/ethnic minorities Immigrants Women

© 2012 Delmar, Cengage Learning The Selection Process The application Testing/screening –Written tests –Medical examinations –Background investigations –Psychological examinations –Physical fitness tests The interview

© 2012 Delmar, Cengage Learning Employment Criteria Bona fide occupational qualifications Educational requirements

© 2012 Delmar, Cengage Learning Laws Affecting Employment The Equal Pay Act of 1963 (EPA) The Civil Rights Acts of 1964 and 1970 The Age Discrimination in Employment Act (ADEA) of 1967 Title IX of 1972 Education Amendments The Rehabilitation Act of 1973 The Pregnancy Discrimination Act of 1978

© 2012 Delmar, Cengage Learning Laws Affecting Employment (cont.) The Civil Service Reform Act of 1978 The Immigration Reform and Control Act of 1986 The Americans with Disabilities Act (ADA) of 1990 The Family and Medical Leave Act of 1993 The Uniformed Services Employment and Reemployment Rights Act of 1994

© 2012 Delmar, Cengage Learning The Americans with Disabilities Act of 1990 Guarantees individuals with disabilities access to employment and governmental programs, services and activities Prohibits medical inquiries or evaluations until after a job offer has been made

© 2012 Delmar, Cengage Learning Affirmative Action A written plan to assist members of traditionally discriminated-against minority groups in –Employment –Government contracts –Education Anyone can fit into a “special employment group.” Managers must take precautions to be fair and unbiased in hiring.

© 2012 Delmar, Cengage Learning Equal Employment Opportunity Programs Begin with recruiting and selecting Also important in –Assigning –Training –Promoting –Disciplining –Firing

© 2012 Delmar, Cengage Learning Unions Union –Group authorized to represent the members of the law enforcement agency in negotiating matters such as Wages Fringe benefits Other conditions of employment –Union shop = situation where people must belong to or join the union to be hired

© 2012 Delmar, Cengage Learning Labor Laws National Labor Relations Act of 1935 (Wagner Act) Fair Labor Standards Act (FLSA) of 1938 Taft–Hartley Act of 1947

© 2012 Delmar, Cengage Learning Collective Bargaining Representatives of employees meet with representatives of management. They establish a written contract that sets working conditions for a specific time. Contract deals with wages, benefits, hours, grievance and disciplinary procedures, health and safety, etc.

© 2012 Delmar, Cengage Learning Reasons for Joining Law Enforcement Unions To ensure fair treatment To improve economic situation To satisfy social needs

© 2012 Delmar, Cengage Learning Management versus Employee Rights Management must possess sufficient rights to fulfill the agency’s mission to the community. Avoid conflict by resolving issues at the lowest level possible.

© 2012 Delmar, Cengage Learning Levels of Bargaining Discussion Mediation Arbitration The courts

© 2012 Delmar, Cengage Learning Management and Unions Working Together Know the contracts. Comply with the contracts. Treat employees fairly. Know the steward. Follow the grievance procedure.

© 2012 Delmar, Cengage Learning Avoiding Conflict and Potential Lawsuits Deal directly with employees on matters that are properly the subject of negotiations. Hiring and creating a new position are not subject to a bargaining obligation. New rules and practices require giving the union notice and the opportunity to bargain. Changing schedules to avoid overtime requires employers to provide advance notice to the union.