DEPARTMENT OF LABOR AND INDUSTRY LABOR RELATIONS BOARD FRATERNAL ORDER OF POLICE LODGE 5 v. 3 Case No. PF-C-15-53-E CITY OF PHILADELPHIA EXCEPTIONS TO THE PROPOSED DECISION AND ORDER OF THE HEARING EXAMINER The Fraternal Order of Police Lodge 5 or ?Union?), the Complainant in the above~captioned matter, presents the following exceptions to the Proposed Decision and Order of the Hearing Examiner John Pozniak, dated August 16, 2018, dismissing the unfair labor practice complaints filed by the Union. I. Exception is taken to the Hearing Examiner's Proposed Decision and Order dismissing the Complainant? unfair labor practice complaint, as amended, is premature at. p. 6). The FOP filed an original and amended unfair labor practice charge challenging the City of Philadelphia's unilateral change to its use of force policies as well as its policy releasing the names of police officers involved in shootings on the job. The Hearing Examiner improperly found the unfair labor practice complaint premature simply because the FOP filed its original - charge and its amended charge after the-City released a version of its policy but before it released a revised version of the policy and that revised policy went into effect. Through the presentation of its original use of force policy and its change of name policy, the City put the FOP on notice that it was making unilateral changes to the terms and conditions of employment and the FOP had no obligation to file another amended charge on the same issue. The record evidence and the relevant law demonstrate that that the Hearing Examiner?s conclusion is in error as a matter of law. 2. Exception is taken to the Hearing Examiner?s PDO, dismissing the Complainant?s unfair labor practice complaint, as amended, on the grounds that the use of force policy directives and the policy on releasing names are a managerial prerogative. (PDO, at pp. 6-10). The record evidence and the relevant law demonstrate that the Hearing Examiner's conclusion is in error as a matter of law. 3. Exception is taken to the Hearing Examiner?s PDO, dismissing the Complainant?s unfair labor practice complaint, PF-C-15-42-E as amended because the FOP purportedly failed to assert a claim for failure to engage in impact bargaining. (PDO, at p. 10). The record evidence and the relevant law demonstrate that the Hearing Examiner's conclusion is in error as a matter of law. 4. Exception is taken to the Hearing Examiner's Proposed Decision and Order dismissing the Complainant' unfair labor practice complaint, is premature at. p. 12) because the FOP purportedly failed to demonstrate that the City was unlawfully motivated when it failed to provide protection to a policy officer whose name the City released. The record evidence and the relevant law demonstrate that the Hearing Examiner?s conclusion is in error as a matter of law. 5. Exception is taken to the Hearing Examiner?s Proposed Decision and Order dismissing the Complainant? unfair labor practice complaint, because the FOP purportedly failed to demonstrate that the City repudiated a provision of the collective bargaining agreement. The record evidence and the relevant law demonstrate that the Hearing Examiner?s conclusion is in error as a matter of law. Accordingly, the Hearing Examiner erred as a matter of law when he dismissed the Complainant?s unfair labor practice charges. Therefore, the Board should reverse the Proposed Decision and Order and take any other action it deems necessary. Respectfully submitted, WILLIG, WILLIAMS 8: DAVIDSON BFELSKI, ESQUIRE Pa. Attor ey ID. No. 86790 1845 We ut Street, 24th Floor Philadelphia, PA 19103 (215) 6563600 Counsel for Fraternal Order of Police Lodge 5 Dated: September 4, 2018 CERTIFICATE OF SERVICE I, JOHN R. hereby certify that I have this day caused a true and correct copy of the foregoing Exceptions to the Proposed Decision and Order of the Hearing Examiner to be served by first class mail, postage prepaid, upon the following: Cara Leheny, Esquire City of Philadelphia Law Department 1515 Arch Street, 16th Floor Philadelphia, PA 19102 Counsel for City HV R. ESQUIRE Dated: September 4, 2018