Public Safety Project™

by Michael D. Robbins
Director, Public Safety Project, PublicSafetyProject.org

September 27, 2010
(Updated December 7, 2010)

The El Segundo police officers and firefighters “associations” pretend they are not unions because most people know how corrupt the public safety unions have become. These “associations” avoid using the word “union” in their name and their publicity. And at least some of their members argue vociferously that they are not a labor union. Below is one such example, in a Letter to the Editor published in the September 23, 2010 edition of the El Segundo Herald newspaper, on page 12, signed by El Segundo Police Sergeant and union member Rex Fowler. Too bad he did not sign under penalty of perjury! He deceptively titled his letter, “FACT CHECK”.

El Segundo Police Sergeant
Rex Fowler made multiple false
statements, including that the
El Segundo Police Officer’s
Association is not a union.

El Segundo Police Sergeant Rex J. Fowler’s 2009 total compensation was about $226,196 before recent raises, including $165,162 total earnings, about $49,839 for both the CalPERS pension Employee Contribution and the Employer Contribution paid by the City (taxpayers), and another $11,195 in insurance benefits. Given his 12/22/1988 hire date, he is well on his way to retiring at age 55 and raking in more than $4 Million plus COLA increases, at 90% of his single highest paid year annually, from his CalPERS pension.

CalPERS pensions are DEFINED BENEFIT PLANS that are GUARANTEED by the taxpayers against poor investment performance and losses, as well as longer than predicted lifespan. Private sector employers typically offer the more affordable and sustainable DEFINED CONTRIBUTION PLANS, such as 401(k) plans, which have no such guarantees from the employer, are funded primarily by the employee rather than the employer, and provide a much smaller benefit amount.

It appears that Sergeant Fowler is arguing they are not a labor union to divert attention away from the corrupt practices they use to get their hugely excessive salaries, benefits, and pensions. Here is the excerpt from his Letter to the Editor:

“The police officers have an association, not a union. We have no shop-steward and are not part of SEIU or Teamsters. Once a year, the 57 (or so) of us vote for five peers to represent us in good faith negotiations. They are cops, not union bosses, and all have donated numerous hours to participate in association programs benefitting the city.”

However, the labor law firm that represents them during their labor contract negotiations and in litigation, Silver, Hadden, Silver, Wexler + Levin (SHSW+L) in Santa Monica, California, lists all of their clients on their website (SHSLaborLaw.com) – 64 police “associations” and 38 firefighter “associations”, including the “El Segundo Police Officers’ Association” and the “El Segundo Firefighters’ Association”. This law firm refers to all of their clients as “public safety employee unions”. See this reference at http://www.shslaborlaw.com/about, and see their client list at http://www.shslaborlaw.com/clients.

I pointed this out in my rebuttal Letter to the Editor, published in the September 30, 2010 El Segundo Herald newspaper on page 5.

Also, this labor law firm has an upcoming seminar titled, “How to Run a Police and Fire Union”, taught by one of their lawyers, Robert M. Wexler, scheduled for 02/16/2011 – 02/18/2011 at The Flamingo Las Vegas in Las Vegas NV. See the “Upcoming Seminars” list on their “Training & Seminars” web page at http://www.shslaborlaw.com/training_and_seminars, and their list of attorneys at http://www.shslaborlaw.com/attorneys. See the biography for Robert M. Wexler at http://www.shslaborlaw.com/robert_wexler. His biography states, “Robert also represents employees and labor unions”:

“Widely regarded as a creative and successful negotiator who has bargained a myriad of innovative agreements on behalf of his clients, Robert also represents employees and labor unions in prosecuting grievances of unfair labor practices, litigating employment disputes, defending individuals during disciplinary investigations and prosecuting and defending writs and appeals. His clients include some of the largest municipal police and firefighters associations in California.

“Mr. Wexler is frequently invited to speak to both labor and management about collective bargaining … .”

Clearly, you don’t have to have a “shop-steward” or be “part of SEIU or Teamsters” to be a union.

The El Segundo police and firefighters “associations” perform the usual functions that labor unions perform. They engage in collective bargaining and political organizing/campaigning, and give endorsements and shovel money to the most liberal tax-and-spend politicians. They effectively hire their own bosses with whom they “negotiate” their pay increases. They get favorable labor laws passed that allow them to extort even more money from the taxpayers. And they harass those who exercise their First Amendment right to disagree with them at their workplaces.

The police and firefighters unions participate in local community events as a public relations ploy. But what good is it if the police and firefighters unions put a happy face on their “associations” by participating in local events, and then bankrupt our city as the police and firefighters unions did in Vallejo, California?

City Employees Associates Labor Law Firm Weighs In

December 7, 2010

The City Employees Associates labor law firm represents 81 public employee “associations”, which are the same as unions, that are listed as clients on their web site (CityEmployeesAssociates.com). The labor law firm states that there is no legal difference between a “public employee association” and a “public employee union”.

Here is an excerpt from their web site at http://CityEmployeesAssociates.com/Assoc_1.html:

Are we a Union or an Employees Association?
What IS the Difference Between a Union and an Association?

Legally speaking, there is NO difference between a Union and an Employees Association. They are both Labor Organizations, established under the California Government Code, and charged with two primary responsibilities: to “collectively bargain” a Contract, and to enforce members’ rights under that contract. They are BOTH unions with the right to collect dues, retain legal staff, conduct business on members’ behalf and be “recognized” by the public employer for whom their members work. An employees association IS an independent, local union.

Most City and Water District employees in California are represented by their own Employees Associations — NOT by international unions. This is partly because of California labor law and partly because of structural differences between the two kinds of organizations.

. . .

With an independent, local union the members decide these things for themselves — including managing their own dues money and hiring their own staff. Staff DOES the work, rather than assisting stewards — and they do this under the direction of your elected Board of Directors.

The international unions … usually do not allow you to vote on any of the issues that affect you, at your workplace. (They) point to the “steward system” as an example of Democracy, but stewards do not have any real authority. They are essentially, unpaid grievance reps; they relieve the Unions of the cost of providing professional legal assistance to members with problems. And, if members are not happy with their representation — or the way any of their bargaining is handled — their only recourse it to “file a complaint with the international.”

The City Employees Associates labor law firm explains on their web site how the primary purpose of public employee associations (unions) is to ratchet-up public employee salaries, benefits, and pensions as high as possible, without any other considerations:

Welcome to the Association

The primary purpose of an Association is to improve the standard of living of you, the members. An association enforces your legal rights, negotiates a Labor Agreement (MOU) with the City. The MOU details year-to-year improvements in your “wages, hours and terms and conditions of employment.” The Association’s functions go on year-round and are conducted by your elected Board of Directors and Professional Staff.

The legal and professional staff not only assist the Association as a whole, but also provide direct services to individual members. You have the right to representation on any work-related issue, whether it’s help with a disciplinary appeal, the enforcement of your rights under the MOU, or a simple answer to your legal questions.

. . .

With experience, however, most groups have come to some accepted agreements about the best way to operate so they could get on with their larger mission: improving and sustaining their members’ share of the public pie.

. . .

The Mission

The fundamental purpose of any labor organization is to protect its members’ rights on the job and improve their wages and benefits. It does this by negotiating an MOU (Memorandum of Understanding) and enforcing the MOU, year-round. Most MOU’s contain a Grievance Procedure, which is its legal enforcement mechanism.

The City Employees Associates labor law firm explains on their web site the history and evolution of employee associations in California:

How Does Our Association Work?

Forty years ago, most employees associations in California were little more than social clubs or benevolent groups, meeting to support employees, celebrate holidays, send flowers to bereaved members, and occasionally, try to resolve workplace problems.

With the passage of the Meyers-Milias-Brown Act in 1968 and Court-created “Skelly Rights” (public employees’ pre-disciplinary due process rights) some larger organizations began testing the waters via collective bargaining and arbitration procedures, but progress was slow. Since the late 80’s, however — after two major recessions, huge crises in state funding and huge advances in labor and employment law — most public employees organizations have begun taking their legal role seriously. Today even the smallest city or water district associations are regularly negotiating MOU’s (labor contracts) and enforcing an ever-widening array of employee rights.

This evolution from social group to labor union (yes, legally-speaking, labor union…) didn’t always occur evenly. Sometimes, there’s been confusion about the role of the organization or how it should be governed. Sometimes there are internal conflicts or interference from management. Sometimes there is legitimate misunderstanding about the legal obligation of the Association to its members — or vice versa. With experience, however, most groups have come to some accepted agreements about the best way to operate so they could get on with their larger mission: improving and sustaining their members’ share of the public pie.