The Brainerd case presents “a problem and a big problem” for those seeking to dismantle the Police Department, said Marshall Tanick, who represented the firefighters.
After the police killing of George Floyd, nine of 12 members of the City Council publicly vowed to defund the Minneapolis Police Department in early June. On June 26, the City Council unanimously
voted to send a charter amendment to the Charter Commission that would give voters a chance to approve dissolution of the Police Department, replacing it with something new…
In the Brainerd case, the firefighters union sued the city, alleging that by eliminating union jobs during its reorganization, the city engaged in unfair labor practices banned by the Public Employment Labor Relations Act. The Supreme Court agreed.
“The Brainerd case stands for the proposition that a government body can’t abrogate its union without going through certain procedures,” Tannick said.
He said there are two possible ways to get around the decision. First, if the union were to decertify itself, meaning voluntarily dissolve, which is unlikely.
Or, by a vote of the people.
But even then, Tannick said, he’s unsure it would pass legal muster: “The citizens can’t violate the law,” he said. For instance, changing the city charter wouldn’t allow Minneapolis to impinge on, say, the Bill of Rights.
“The notion that we’ll have a charter change and that will take care of it is not necessarily true when you’re dealing with a certified union,” he said.
Minneapolis Charter Commission Chair Barry Clegg, who is an attorney, argues if the City Council eliminates the Police Department, the city would either commit an unfair labor practice, or “perhaps worse,” end up with the same police union representing a new division of public safety officers — with current police officers called back to work in order of seniority.
“That’s not reform, that’s negotiating with the Police Officers Federation of Minneapolis wearing a different colored uniform,” Clegg said. “(We) need more time to come up with an amendment that will not violate Minnesota law.”