Originally Posted by
BC13
There's a lot to unpack here. I'm going to keep my comments narrow. The Union's can not stop departments from assigning Body Cameras in New York State. Body Cameras are considered equipment and, and it is managements right to determine what equipment is required. Thus, the Department assigns equipment - full stop. While a Union may fight the issuance of Body cameras they cannot stop it in NYS. It is well settled law that equipment is determined by the employer.
The Union can demand to bargain over the "impact" of the assignment of body cameras - but cannot stop the issuance. "Impact" bargaining is limited to issues such as when do the cameras need to be on (variations of "from moment officer leaves the precinct or whenever having contact with public"), when they can be off (restroom visits, etc.), how the data will be stored and safe guarded, what the data can be used for, etc. The "impact" bargaining is required and useful for setting up procedures that make sense - but in no way can the Union prevent the issuance of the cameras. They may fight it in the press or political arena, but that's a different issue.
In NYS, if the parties are unable to resolve the impact bargaining issues they can declare impasse and have a mediator assigned to help end the impasse. If the impasse remains unresolved after mediation either party can petition for interest arbitration wherein a neutral arbitrator is selected and resolves (along with one management and one Union assigned panel member) the open issues through an arbitration award.
I am not up to date on every states public sector collective bargaining laws, but New York's (The Taylor Law) is considered to be one of the most expansive in the country.
So, in one sentence - in NYS, unless a PD negotiates away their right to assign equipment, it remains their management right.
I won't get into the reasons why Union's fight Body cameras (not all do) and why some departments don't require them. I will tell you that many police Union attorneys speak in favor of Body cameras to their leadership as long as the video data is limited to legitimate purposes including serious misconduct. They understand the camera will more often protect the police officers from frivolous complaints.
This is a horrible, soul crushing issue. Those that commit these horrendous acts need to be prosecuted. The widespread adoption of Body cameras is in the interest of police officers and the public.
I wanted to share the above information so this conversation can stay focused and not chase the "Union won't allow it" red herring that is commonly shared without knowledge of its falsity.
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