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	Comments on: Maryland roundup	</title>
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	<link>https://www.overlawyered.com/2014/05/maryland-roundup-16/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2014/05/maryland-roundup-16/comment-page-1/#comment-285464</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Sun, 18 May 2014 02:48:54 +0000</pubDate>
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					<description><![CDATA[Effects bargaining is a union contract regime under which a grievance can be filed over a new policy that changes employees&#039; working conditions -- e.g., a newly introduced requirement that officers check their email at regular intervals. If a new policy is grievable, then its adoption is subject to delay and may be reversed by an arbitrator; in practice, the public employer may be well advised to offer unrelated concessions, financial or otherwise, to secure union consent. 

During the Montgomery County controversy, one group &lt;a href=&quot;http://montgomerycountymd.gov/questionb/policies_waiting_approval.html&quot; rel=&quot;nofollow&quot;&gt;listed 15 policies&lt;/a&gt; whose finalization had been blocked by the Fraternal Order of Police. While a few of these were of a fairly conventional employer-employee nature, the peculiar evil of police effects bargaining is that it restrains democratically elected officials from adopting policies intended to curb such problems as excessive force, abuse of the civil liberties of the public, or falsification of incident reports. Among areas where the union had flexed its muscle: procedures on use of force, high-risk incidents, raids, search warrants, and video monitoring in police cars. Understandably, even very liberal elected officials came to recognize that the public was ill-served by a system that tied their hands in many of these areas.]]></description>
			<content:encoded><![CDATA[<p>Effects bargaining is a union contract regime under which a grievance can be filed over a new policy that changes employees&#8217; working conditions &#8212; e.g., a newly introduced requirement that officers check their email at regular intervals. If a new policy is grievable, then its adoption is subject to delay and may be reversed by an arbitrator; in practice, the public employer may be well advised to offer unrelated concessions, financial or otherwise, to secure union consent. </p>
<p>During the Montgomery County controversy, one group <a href="http://montgomerycountymd.gov/questionb/policies_waiting_approval.html" rel="nofollow">listed 15 policies</a> whose finalization had been blocked by the Fraternal Order of Police. While a few of these were of a fairly conventional employer-employee nature, the peculiar evil of police effects bargaining is that it restrains democratically elected officials from adopting policies intended to curb such problems as excessive force, abuse of the civil liberties of the public, or falsification of incident reports. Among areas where the union had flexed its muscle: procedures on use of force, high-risk incidents, raids, search warrants, and video monitoring in police cars. Understandably, even very liberal elected officials came to recognize that the public was ill-served by a system that tied their hands in many of these areas.</p>
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		<title>
		By: PaulB		</title>
		<link>https://www.overlawyered.com/2014/05/maryland-roundup-16/comment-page-1/#comment-285432</link>

		<dc:creator><![CDATA[PaulB]]></dc:creator>
		<pubDate>Sat, 17 May 2014 20:46:39 +0000</pubDate>
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					<description><![CDATA[For those of us not from Maryland, what is &quot;effects bargaining?&quot;]]></description>
			<content:encoded><![CDATA[<p>For those of us not from Maryland, what is &#8220;effects bargaining?&#8221;</p>
]]></content:encoded>
		
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