
One of the mechanisms that law enforcement officers and unions have at the negotiations table is the characterization of or “free agent” mentality. In simple terms, this refers to an individual officer’s ability to transfer or seek employment with another agency that is offering better wages, benefits, and employment conditions. When this occurs, however, employers are routinely attempting to recoup the training costs they expended on the officer upon initially hiring them, to include certifications, equipment, uniforms, and academy training. Suffice it to say, the employers believe they should be reimbursed the same since the benefit of such training will now be provided to another agency/department.
Employers typically seek to recoup such training costs through a specific provision contained in the parties’ collective negotiations agreement/contract. To this end, the Public Employment Relations Commission (“PERC”) has held that the reimbursement or recoupment of training costs is a mandatorily negotiable topic. As a result, such provisions are enforceable against the officers leaving employment. In some cases, this has required officers to pay their employer several thousand dollars in training costs merely for pursuing a better employment opportunity.
Therefore, if such a provision is contained in your collective negotiations agreement/contract, you may want to propose revisions to the same in order to lessen the impact on officers who leave, such as: (1) shortening the amount of time the officer needs to be employed with the agency before having to reimburse them if they choose to leave; or (2) capping the amount of the reimbursement. Conversely, if no such provision is contained in your agreement/contract, you may want to adamantly oppose any such proposal by the employer. Quite simply, a provision mandating that officers reimburse their employers for training costs serves as a deterrent of sorts for officers seeking better opportunities, thereby reducing the union’s leverage at the table for better wages and other terms and conditions of employment. As we all know, possessing leverage at the table is of paramount importance and should be preserved in all facts to the extent possible.