To reform policing, restrict government unions’ bargaining powers

It is shocking that, even while much of the public’s attention is focused on police misconduct and the role police union officials and their bargaining power play in protecting that misconduct, there remains support in Congress for the so-called “Public Safety Employer-Employee Cooperation Act.” This bill would dramatically expand those powers.

Backed by Joe Biden, this legislation would force union monopoly bargaining powers upon police and fire departments nationwide by federal fiat — even in places where government officials correctly conclude that union bargaining is, as President Franklin Delano Roosevelt recognized, contrary to the public’s interest.

FDR, a believer in forced-unionism in private workplaces, warned in 1937 that “the process of collective bargaining … cannot be transplanted into the public service.” He reasoned that unions, as private organizations, shouldn’t have the power to force taxpayers to fund contracts that often put the interests of the union above those of the public.

But too many politicians have failed to heed that counsel. In the last 83 years, citizens have become accustomed to the vicious cycle of public-sector union bosses and their handpicked politicians approving ever-more profligate union contracts (and pensions) for government employees, driving states further into crushing debt while public services don’t seem to improve at all.

The details surrounding the death of George Floyd have once again raised the specter of government unions — their use of government-granted powers to protect and defend the worst government employees. From the Minneapolis Police Department to schools nationwide, government union bosses have used their bargaining power to shield bad cops, teachers, and other government employees to the detriment of the public.

Union officials have successfully negotiated expansive schemes to protect bad police officers from discipline, including by purging their personnel records. The Minneapolis Police Union is one of them. It negotiated unusual protections for cops accused of violent behavior, including a 48-hour waiting period before anyone can interview the officers involved about reported incidents. Almost certainly, that contributed to the police officer who killed Floyd escaping scrutiny for years, despite having 17 complaints filed against him.

The problem with government unions protecting bad and dangerous workers is not isolated to police departments. In New York City, for instance, firing bad teachers has long been next to impossible. One teacher accused of sexual misconduct against students was “warehoused” for 20 years, collecting $1.7 million from taxpayers despite not setting foot in a classroom. Others continue to receive payments under similar arrangements as well.

Despite calls for reform, especially around police unions, most fail to address the central role played by government union monopoly bargaining power. So-called “collective bargaining” in the government sector is inherently anti-democratic. It forces officials elected to set public policy to “negotiate” that policy with a special interest group whose aims are frequently in direct opposition to the public’s interests. It also forces good civil servants to associate with union officials who will bend over backward to shield their corrupt or inefficient coworkers from any kind of accountability.

The events of recent months should provide a clear lesson for lawmakers that it’s time to repeal, not expand, the power of the union bosses who put their own interests and those of the worst in government union ranks ahead of the safety and well-being of the general public. Here’s to hoping policymakers come to this realization before it’s too late.

Mark Mix is president of the National Right to Work Committee.

Related Content