Advocates for Labor and Progressive Institutions

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Fraternal Order of Police Lodge 89 Prevails in Arbitration Over Claim of Unlawful Retaliation

June 24, 2014

On June 24, 2014, Fraternal Order of Police Lodge 89 prevailed before the Unfair Labor Practice Panel of the Prince George’s County Public Employee Relations Board (PERB), which ruled that the County Police Department violated the County Labor Code when it transferred a Sergeant from the Homicide Section of the Criminal Investigations Division to patrol duty based on his concerted activity.

The Labor Code prohibits the County and its Police Department from punishing its employees for exercising their rights to talk about the terms and conditions of their employment, and here, after a full hearing, the evidence established that the Department transferred the Sergeant to retaliate against him for initiating and leading a meeting with coworkers to discuss scheduling, overtime pay, and standby pay. PERB ordered the Department to rescind its transfer order, to cease and desist from interfering with its employees’ rights under the Labor Code, and to provide the Sergeant with any lost overtime pay. Following the decision, the County appealed, but the FOP was able to obtain injunctive relief to ensure that the PERB order was enforced during the pendency of the appeal. Bredhoff & Kaiser has represented FOP 89 since the 1970s.