Unfair Labor Practice Update – Sgt. Kerry Jernigan

Dear Members:

The FOP Lodge has received several inquiries about the status of the Department’s decision to transfer Sergeant Kerry Jernigan from his long-time position in CID/Homicide.

The transfer decision was announced by the Department on Friday, March 7, 2014, to be effective on March 23, 2014, and within days was challenged by the FOP.  In particular, the FOP filed an unfair labor practice charge, primarily alleging that Sergeant Jernigan’s transfer was in retaliation for his taking a vocal, leadership role within CID/Homicide on the contractual issues of standby and overtime, and therefore his transfer was in retaliation for protected concerted activity.  As required by the County Labor Code, an Unfair Labor Practice Umpire was selected by the American Arbitration Association to hear the FOP challenge, and an experienced labor arbitrator, Ira Jaffe, was appointed to fill that role.  The FOP requested an expedited process, and hearings were held on Monday and Tuesday, April 21 and 22, 2014, during which a total of eight witnesses testified, including Sergeant Jernigan and FOP President Jones.  The parties will be briefing the matter over the next few weeks, with a decision expected thereafter.

The FOP thanks the many members who have assisted in the presentation of the case and/or who attended the hearings to show their support.

Additional questions, if any, should be brought to the attention of the FOP Lodge.


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