Legal Aspects of Emergency Services
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Kenyatta University *
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Nov 24, 2024
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Running head: LEGAL ASPECTS OF EMERGENCY SERVICES
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Legal Aspects of Emergency Services
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Running head: LEGAL ASPECTS OF EMERGENCY SERVICES
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Legal Aspects of Emergency Services
The history of public sector unions relative to the legal aspects of emergency services is long and complicated. While many factors have contributed to this history, it is important to note that some of the most significant legal issues surrounding public sector unions were related to the
National Labor Relations Act (NLRA) of 1935 (West, 2018). The NLRA was enacted during President Franklin D. Roosevelt's first term in office and was designed to protect workers' rights regarding unionization and collective bargaining. As such, it set up what we now know as the National Labor Relations Board (NLRB), a federal agency tasked with enforcing and interpreting
labor laws, including those governing collective bargaining between unions and employers. The NLRA also established a process for union recognition elections by employees who wished to organize themselves into a union. Unfortunately, this meant that unions had little authority over employees until they were recognized by management; moreover, once an election had been held
and management recognized a union as legitimate, new employees could not join that union unless they were part of the original group who voted for it. In 1947, Congress passed another law called the Taft-Hartley Act, which amended several
sections of NLRA but did not directly affect any provisions related to public sector employment relations until years later. In 1959, the Supreme Court ruled in NLRB v. City of Ladue that a city ordinance prohibiting certain types of signs from being displayed on residential property was unconstitutional under the First Amendment due to its restriction on political speech (West, 2018). The NLRA was intended to protect employees' rights, encourage collective bargaining, and decrease labor unrest. However, it also had unintended consequences, such as preventing state governments from interfering with labor disputes and limiting states' ability to negotiate contracts with their employees.
Running head: LEGAL ASPECTS OF EMERGENCY SERVICES
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In the case of fire and emergency services workers, this resulted in a situation where states could not negotiate with their employees or even grant them collective bargaining rights. Instead, firefighters were required to join a union for them to be able to bargain collectively (West, 2018). This meant firefighters had no choice but to join a union that was not necessarily representative of their interests.
Collective bargaining in the public sector, relative to the legal aspects of emergency services, is a complex and nuanced subject (West, 2018). While it can be argued that collective bargaining is prohibited in some instances, it can also be argued that it is permitted in others.
The first issue is whether or not collective bargaining is mandatory or permissible. While there are some situations where collective bargaining is mandatory, such as when an employee is seeking to form a union, it has not been determined whether or not one must engage in collective
bargaining to address matters about wages, hours, or working conditions. This means that if an employer does not want to engage in collective bargaining over these issues, they do not have to do so.
A second issue involves determining what acts are prohibited by law regarding collective bargaining. For example, an employer may not enter into an agreement with an employee who has formed a union if they were previously engaged in unlawful conduct and had had their membership revoked due to said behavior (Feldman v. Superior Court ). However, this does not mean that employers cannot enter into agreements with employees who have not been previously
engaged in unlawful behavior. A third issue involves employers' rights when making decisions regarding collective bargaining agreements between themselves and employees (West, 2018). For example, an employer may be able to enter into an agreement with its employees that does
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Running head: LEGAL ASPECTS OF EMERGENCY SERVICES
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not involve the union if they believe it will benefit them more than it would if a union was involved (Malo v. Superior Court) (West, 2018).
In the legal aspects of emergency services, Weingarten and Garrity rights are important for the protection of public safety employees. Weingarten rights are protected under Section 7111(a)(3) of the Federal Labor Relations Act and require that employees be informed when an investigatory interview is going to take place (West , 2018). The Supreme Court has also extended Weingarten rights to firefighters and other public sector employees who have been placed under investigation. Garrity rights are protected under Section 547(e) of Title 18 of the United States Code and require that employees be informed that they are not required to answer any questions during an interrogation (West , 2018). Both types of protections ensure fair treatment for public safety officers during investigations.
In conclusion, Weingarten and Garrity rights are vital for protecting public safety officers who have been placed under investigation by their agencies. These protections ensure fairness in disciplinary actions while also ensuring that employees do not feel coerced into providing information against themselves or other members of their department.
Running head: LEGAL ASPECTS OF EMERGENCY SERVICES
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References
West , G . (2018). Legal aspects of emergency services. Jones & Bartlett Learning .