“Terribly Informal Selection Procedures” Are Not Necessarily Discrimination

Lawrence McNally is a sergeant with the United States Park Police. McNally is a white male who was born on June 22, 1951. In 2000, 2003, and 2004, McNally applied to be a canine officer. On all three occasions, the Department selected other employees who were younger, and/or of a different race and/or gender. McNally […]

Union Can Bind Canine Officers On Amount Of Off-Duty Dog Care

Jeffrey Roemer was a police officer with the City of Dayton, Ohio. Roemer served in the Dayton Police Department’s canine unit. He filed a sweeping lawsuit against the City alleging varying degrees of harassment, including psychological intimidation, theft of personal property from his home, and compensation for his off-duty dog care activities under the Fair […]

No First Amendment Protection For Some Union Activites

Christopher Van Compernolle was the police union president for the City of Zeeland, Michigan, and an 11-year veteran of the Police Department. The Department disciplined Van Compernolle on several occasions for submitting inaccurate timesheets. Eventually, the Department fired Van Compernolle; he responded by filing a federal court lawsuit claiming that he was the victim of […]

Florida Deputy Sheriffs Have No Property Right To The Job

Steven Yelvington began working for the Flagler County, Florida Sheriff’s Office in 1997. Yelvington received a variety of awards, including being selected as “Deputy of the Year” in 1999 and 2001. Sometime in 2001, Yelvington’s relationship with his supervisors began to deteriorate. In 2002, the Department suspended Yelvington for violating a direct order following an […]

Deputy Sheriffs Change Union, Lose ULP

Deputy sheriffs working for Mason County, Washington were represented for many years by the Woodworkers Local Lodge, W-38 of the International Association of Machinists. When the County changed its policies with respect to the cash out of compensatory time off, the deputies’ union filed an unfair labor practice complaint. While the unfair labor practice complaint […]

County Cannot Use “Non-Existent Regulation” To Terminate Corrections Officer

Pamela Williams has been employed as a corrections officer for Miami-Dade County, Florida for 16 years. For the last three years of her employment, Williams lived with Clifford Roberson, who was a convicted felon on parole. In 2004, the Department of Corrections terminated Williams for violating two Department rules. The first, entitled “Associating with Criminal […]

Employer Cannot Bar Union’s Attorney From Serving As Weingarten Representative

The Town of Hudson, Massachusetts and Local 363 of the International Brotherhood of Police Officers (IBPO) are party to a collective bargaining agreement. In 1999, Jose Chaves, one of the Town’s police officers, was the subject of an internal affairs investigation. The IBPO assigned one of its attorneys, Marc Terry, to accompany Chaves to the […]

Change In Past Practice Concerning Comp Time Violates Contract

The collective bargaining agreement between the Putnam County, New York Deputy Sheriff’s Benevolent Association and the County does not contain clear language on the accrual of compensatory time off. Over time, a past practice of a 96-hour cap on compensatory time off built up. In January 2005, the County announced that it would treat the […]

Cleveland Allowed To Lay Off Injured Police Officers

In January 2004, the City of Cleveland laid off approximately 250 police officers. Eight of the officers were on a status known as Hazardous Duty Injury leave (HDI). The City’s layoff decision meant that the disabled officers no longer received any HDI benefits. The Cleveland Police Patrolman’s Association challenged the City’s decision through the grievance […]

No Obligation To Continue Fire Captain In Long-Term Light-Duty Job

Robert Czarnecki became a firefighter for the City of Trenton, New Jersey in August 1983, and was eventually promoted to the position of fire captain. Over the course of his career, Czarnecki injured his back in a series of work-related incidents, including a car accident, being knocked backwards by flames, and having an oxygen tank […]

Unreasonable To Require Fire Captain To Forfeit Vacation Due To Workers’ Comp Injury

In December 2005, a fire captain for the City of Peabody, Massachusetts Fire Department suffered an on-the-job hernia. The captain was injured while trying to pick up a double-leg amputee who had fallen. The Department placed the captain on injured-on-duty leave from December 12, 2005 through March 1, 2006. The captain had been intending to […]

Needle Stick Not Accidental Injury

Frank Caminiti was a Sheriff’s officer in New Jersey. Caminiti, along with two police officers, was engaged in a confrontation with an individual who was wielding a tire iron. They persuaded the man to drop the tire iron, and Caminiti forced him to the ground. Caminiti and another officer then walked the suspect to a […]

Identification Of Undercover Officers Does Not Violate Privacy Rights

Vicente Alvarado and Steve Flores were undercover police officers for the City of Albuquerque, New Mexico Police Department. In May 2004, Syra Roman called the Department to report that she had been sexually assaulted by two undercover officers. The detective taking the call asked her to obtain a physical examination and follow up with him […]

“Refusal To Budge” Not Necessarily Bad Faith Bargaining

Following the dot-com booms of the late 1990s and early 2000s, Oregon faced a serious recession. Revenue to the State of Oregon fell far short of previous revenue forecasts. When a new governor took office in January 2003, the State’s forecasted revenues for the 2003-2005 biennium showed a budgetary shortfall of more than $1 billion. […]