Promotions using the "Rule of Three"

Mean Gene · June 2004

I am the executive officer for a law enforcement agency that deals with three union (one civilian & two police unions). The police contract has a "Rule of Three" promotion language and I recently promoted a candidate to sergeant on the list that was below the top three candidates on the list and the union is challenging the promotion, based on a contract violation. However, the candidates that were passed over had a variety of disciplinary problems, including being demoted from the rank of sergeant. I believe that such problems negate the actual standing on the list and allows me the opportunity to promote further down the list. The union's stance is that the candidates' problems are inconsequentual and I must promote based on the specific language in the contract. I need some help and your assistance would be appreciated.

Don D · June 2004

It sounds like to me they've got you by the b....eltloops, Gene. Unless there is specific language in the contract to allow you to move below the top three, I can't see a way for you to do it.

Mean Gene · June 2004

Thank you...but there is no specific language in the contract that would allow me to go around the candidates. The ranking is based on passing a four-part exam process...discipline, perfomance, etc., is not a consideration, except in the personnel rules and regs.

Gillian3 · June 2004

You are deader'n a doornail. This should be a subject for future negotiation, best dealt with with there is no direct impact on any individual.

Mean Gene · June 2004

Thank you, we are in the middle of contract negotiation for the next fiscal year & I am asking for specific references in the contract to keep me from promoting bad employees.

Hunter1 · June 2004

You also need to deal with how the list of three was created: How did three individuals get to be the top three when each of them appears to have problems which would preclude their promotion??? I agree with the others, if that's what the contract provides for, you're stuck. Do you absolutely have to promote from this list? Can you wait for the labor agreement to end and deal with the problem, or for the list to expire?

Mean Gene · June 2004

Thanks for your response. I do not have to promote from this list and I could wait for it to expire in 1 year. But the fact is the candidate was in the acting position for one year and people in the top tier are there because of how they performed on a four-part exam. No consideration was/can be given to their disciplinary record, past performance, etc., according to the contract. We are in the midst of negotiating a new contract for the next fiscal year and I want to put some provisions that would preclude bad candidates from taking the exam or remove candidates from the list that have disciplinary problem after the posting.

Crout · June 2004

If you're not obligated to promote right now I would rescind the promotion to keep the Union quiet, but keep that person on the job as the acting-whatever until you can get better language in the contract. If the union took this to Arbitration you would lose.

Don D · June 2004

And you'd better be willing to give up something considerable to get that language changed. That's one of the best cards in their current hand, a requirement that the company overlook performance and discipline in favor of pure seniority. Whoever got that into the contract did a day's work.

Mean Gene · June 2004

Thank you...I agree

Promotions using the "Rule of Three"

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