Jennincs SiaMonD, PC. JENNINGS Oe wnaie sai SIGMOND sow TTORNEVS AT LAW PHiLapetriti, PA 19106-3683 ATTORNEYS AT LAW eisonarn ye Fax 215-922-3524 ‘Stephen J. Holroyd Direet Dial: (215) 351-0670 EMail Address sholoyd@jslx com July 1, 2015 VIA OVERNIGHT MAIL Larry Cheskawich, Secretary Pennsylvania Labor Relations Board Room 418 651 Boas Street Harrisburg, PA 17121 Re: Fraternal Order of Police Lodge No. 5 and — City of Philadelphia Case No. PF-C-15-42-E Dear Secretary Cheskawich: Enclosed please find an original and three copies of an amended unfair labor practice charge filed this date by the Fraternal Order of Police Lodge No. 5 (“Lodge 5”). Very truly yours, Stephen). Holroyd STEPHEN J. HOLROYD SJH/lam Enclosures cc: City of Philadelphia (via first class mail) Fraternal Order of Police Lodge No. 5 (via first class mail)PLRB-1S REV 3-88, COMMONWEALTH OF PENNSYLVANIA Pennsylvania Labor Relations Board Fraternal Order of Police Lodge No. 5 DONO WRITE IN THIS SPACE ‘COMPLAINANT Case No. v. Date Filed City of Philadelphia FIRST AMENDED CHARGE OF UNFAIR LABOR PRACTICE, ‘TO THE HONORABLE, THE MEMBERS OF THE PENNSYLVANIA LABOR RELATIONS BOARD: ‘The Compl Fratemal Order of Police Lodge No. 5 (name of employee, labor organization or employer) by and through _Stephen J. Holroyd, Esquire, Jennings Sigmond, Penn Mutual Towers, 16" Floor, 510 Walnut Stree, Philadelphia, PA 19106-3683 (215) 351-0670 (address, zip code, telephone number of person filing charge) HEREBY CHARGES that Respondent, _City of Philadelphia, c/o Suzanne Reilly, Esquire ‘employer, labor organization or employee alleged to have committed unfair labor practic. of _One Parkway, 16" Floor, 1515 Arch Street, Philadelphia, PA 19102 (address, zip code, telephone number) has engaged in unfair labor practices contrary to the provisions of the Pennsylvania Labor Relations Act, Section 6, subsection (1) or (2), clause(s) (a), (re) (4): (€)4-( subsection and clauses inapplicable prior to filing with the Board.) ‘If more than one Respondent, place X in block () and list on separate sheet. If.a grievance relating to this issue has been filed, place X in block. ) If X is placed in block, please send a copy of the grievance and the contract to asSPECIFICATION OF CHARGES Set forth all ofthe events alleged to constitute the unfair labor practice(s). Include specific facts, dates, names, addresses, place of occurrence, and other relevant facts. If additional space is needed, please continue on additional sheet(s) (844 x 1 SEE ATTACHED WHEREFORE, the Complainant respectfully requests the Pennsylvania Labor Relations Board to enter the charge upon the Docket ofthe said Board and to issue and cause to be served upon the Respondent above named a Complaint stating the ccharge(s) of unfair labor practice(s). A Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA. on this_[4F day of, before me, a Notary Public, in and for said County and State, personally appeared Stephen J. wire, who being duly swom according to law, deposes and says that he/she is the person filing the foregoing CHARGE OF UNFAIR LABOR PRACTICES and is aware of the contents thereof and that the matters and facts set forth therein are true and correct to the best of his or her knowledge, information and belief, ‘SWORN AND SUBSCRIBED TO before me the day and year first aforesaid. ‘or RepresentsSPECIFICATIONS OF CHARGES 1. Fratemal Order of Police Lodge No. 5 (“FOP”) is, pursuant to the provisions of Act 111 and the Pennsylvania Labor Relations Act, the exclusive collective bargaining representative for employees employed by the City of Philadelphia City”) Police Department. 2. On or about May 28, 2015, the FOP was advised by the City of the desire of the Department of Justice Technical Advisors (“DOJTA”) to meet with the FOP regarding recommendations to changes in working conditions at the City Police Department that conflicted with the terms of the current collective bargaining agreement between the parties. 3. The FOP, indicating that its collective bargaining agreement was with the City and not with the DOJTA, and expressing an utter lack of confidence in the neutrality of the DOJTA, declined to meet with the DOJTA. 4. On or about June 1, 2015, the City issued a number of revised directives, each involving use of force. 5. Specifically, Directive 10, Directive 22, Directive 160, and Directive 161 were issued with significant changes conceming use of force and use of force policies. 6. Not coincidentally, these changes reflected the same changes that the DOJTA was seeking, but indicated were contrary to the collective bargaining agreement between the FOP and the City. 7. Nevertheless, the City unilaterally implemented these changes in working conditions without first bargaining with the FOP -- or, indeed, even requesting 8. The FOP has not agreed to these unilateral changes. 9. In addition, on July 1, 2015, the City unilaterally implemented a policy whereby the City would release the names of members who discharge their firearm in officer involved shootings within 72 hours of the incident, 10. This unilateral change is contrary to decades of past practice between the parties, whereby the privacy rights of officers were valued and protected. In addition, releasing names to the public has a significant impact on an officer's working, conditions. 11. The July 1, 2015 change in policy was implemented without negotiating with or securing the approval of the FOP. 12. By the above acts, the City has violated the aforesaid provisions of the Act.