Police union loses legal action over change in work-schedule regulations

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In mid-September 1998, a small Dutch police trade union (PVR) lost the summary legal proceedings that it had opened in an attempt to stop the introduction of new work schedules. The chief constable of the Rotterdam-Rijnmond region had imposed the standard national regulations as no agreement could be reached on amendments to the existing decentralised regulations.

In mid-September 1998, a small regional police trade union, Politie Vakorganisatie Rijnmond (PVR) lost the summary legal proceedings that it had opened in an attempt to prevent the imposition of the standard national regulations on work schedules. The existing decentralised regulations - that had come into force in 1997 and remain valid for the next five years - laid down that work schedules would be established following consultation.

In June 1998, the chief constable of the Rotterdam-Rijnmond region had decided that this decentralised arrangement hampered the efficient use of the Rotterdam force at large public events involving several regional police forces. The chief constable failed to reach agreement with the works council on amendments to the decentralised arrangements. He wanted to be able to inform police officers of a change in work schedules only four days before an event, whilst according to the works council this should require a month's notice.

In contrast to the two other police unions, the PVR felt that the decision of the chief constable should not go unchallenged and decided to open summary legal proceedings to prevent it. According to the PVR, the chief constable had pushed his decision through the works council during the holiday period, when only 13 of the 21 members had been present at the meeting, and the council had decided not to force the issue and to accept the standard regulation. Three members on the council representing the PVR and five other members also wanted to challenge the decision. The current regulation states that if agreement on work schedules cannot be reached with the works council, the chief constable may fall back on the standard national regulations.

In dismissing the objections of the PVR, the president of the relevant court declared that, in this case, the chief constable had simply made an announcement and had not reached a decision in a legal sense. Consequently, the standard regulation could come into force from 1 October. However, the PVR has not yet given in. Works councils in the districts can still object to this attack on the previous work schedule arrangements. If that transpires, the union will take the case to the district court. As individuals, police officers can also appeal against the standard regulation. However, according to the PVR this would be disadvantageous to the average police officer.