(The Center Square) – The Pennsylvania State Lodge of the Fraternal Order of Police, or FOP, has about 40,000 members, supporting workers’ rights for law enforcement officers across agencies and branches of government.
It’s empowered to do that through the Pennsylvania Constitution’s Act 111, which allows municipal police members to engage in collective bargaining through binding arbitration while preventing strikes that could compromise public safety.
The same rules do not apply, however, to other types of police, including those who work on college campuses, transit police, and certain state law enforcement units. Rep. Dan Goughnour, D-McKeesport, introduced a bill to the Pennsylvania House that would extend binding arbitration to all law enforcement in the state to resolve contract disputes.
“Binding arbitration is good for workers and ensures officers are at work, doing their job for the people of the Commonwealth,” wrote Goghnour.
When police in these units strike, their duties still must be covered. That work typically falls to local police departments, creating the potential to stretch thinner a strained workforce.
At the time of this publication, the specific language of the bill hasn’t been released, but Goughnour wrote that it would amend Act 195 of 1975, which covers the officers in question, not extend Act 111 to them. Currently, co-sponsors have yet to sign on, but the memo appears to mirror a bill put forth by Rep. Frank Farry, R-Langhorne, in October.
Police unions’ collective bargaining agreements come with a great deal of scrutiny. Act 111 itself has seen a tug-of-war between reformers hoping to increase civilian oversight of police and the FOP who say it represents “a sacred compact.”
Legal disputes between the City of Philadelphia and FOP Lodge have brought the issue to the foreground. The Pennsylvania branch of the American Civil Liberties Union joined the Defenders Association of Philadelphia and the Advocacy for Racial and Civil Justice Clinic in an amicus brief.
“History reveals that grievance arbitration in the absence of any judicial review increases police misconduct, supports public perceptions of police impunity, damages public trust in police, and disproportionately harms Black and Brown communities in Pennsylvania,” reads the brief.
According to the Defender’s Association, 75% of officers are reinstated after being fired for misconduct, and just 3% of police misconduct leads to discipline.
In 2022, former state Rep. Donna Bullock introduced a package of bills amending Act 111. The FOP campaigned with strong opposition to the bills. Former President Les Neri was joined by Pennsylvania Professional Firefighters Association President Robert Brooks and former Pennsylvania State Troopers Association President David Kennedy.
“This disgraceful package of legislation would ‘thank’ Police Officers, State Troopers and Firefighters for their sacrifices by eroding the bedrock rights that our Constitution was amended to provide many years ago,” wrote the leadership. “The attack is baseless and shameful, and it stands to harm the men and women who lay down their lives each year to keep Pennsylvania safe.”
Bills in the package never left committee.
