Employer Can Require Notice, But Not Permission, Before Employee Speaks To Press Or City Council
From the April issue of Public Safety Labor News

David Davis was hired by the Fire Department of Phenix City, Alabama in April 1998. Davis became the president of a local association of fire and rescue employees in 2005. In September 2005, a meeting was held to discuss issues of interest to the Association members. A journalist employed by a local newspaper attended the meeting. An article about the meeting which appeared in the local newspaper in mid-September 2005 quoted Davis.

In April 2006, Davis became aware of a proposal before the City Council to extend the probationary period of new firefighters from one year to 18 months.

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LRIS Q&A:

Q: An employee makes etchings/markings on a piece of department equipment and is forced to replace it, though it did not affect the functionality of the device. The piece of equipment could also have been salvaged and resurfaced rather than replaced. Can an employer force this type of monetary punishment?

A: Most arbitrators would analyze the punishment under traditional just cause standards. They'd consider things like the employee's work history, the warnings (if any) the employee received about the conduct, the degree of monetary harm caused to the employer, the employee's work history, and the like. Most arbitrators would consider the cost of replacement as only one factor among many in determining whether the punishment was appropriate. And, if the employer had legitimate alternatives to replacing the piece of property, an arbitrator would likely look dimly at forcing the employee to pay the full cost of replacement.

From Our E-Newsletter:

Police Union Wants City Council Member's E-Mails
From The San Bernardino Sun, April 23

COLTON, CA – The Colton Police Officers' Association claims incriminating e-mails found in Councilman Richard DeLaRosa's city-issued e-mail account are being withheld following an official request by the association for the information.

The association also says it was denied a copy of an investigative report into allegations of misconduct by Cpl. Wes Bruhn, the former police association president. DeLaRosa accused Bruhn of misconduct last year, and an administrative investigation was subsequently launched.

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