New York Courts Conflict On Binding Arbitration Law

In New York, impasses in the collective bargaining process are broken through the binding arbitration process. Like most binding arbitration laws, the New York statute requires an arbitrator to consider a list of enumerated factors, including the employer’s ability to pay, the total compensation in comparable jurisdictions, and other factors. The New York law states […]

Police Officer Beauty Contestant Case Ends Badly For Officer

Deanna Mory was a probationary police officer with the Chula Vista, California Police Department when she sought permission to be a beauty contestant to compete in both the Miss California and Miss United States beauty pageants. When the Department denied her permission to participate in the pageants because she was a probationary employee, Mory sued. […]

Changes And Proposed Changes In The FMLA

In January 2008, President Bush signed into law the National Defense Authorization Act (NDAA) which amended the Family and Medical Leave Act (FMLA) as it relates to military family leave. The NDAA permits the use of up to 26 weeks of FMLA leave during a 12-month period to care for a service member with a […]

In Connecticut, Challenges To Arbitrators’ Awards Must Occur Within 30 Days

Donald Rajtar is a police officer with the Town of Bloomfield, Connecticut. In March 2004, the City terminated Rajtar for failing to perform a complete investigation and fabricating false witness statements with respect to an incident at Lee’s Famous Recipe Chicken Restaurant, as well as lying during the subsequent departmental internal affairs inquiry. Rajtar’s labor […]

Police Chief Has No Property Right To The Job

As a federal Court of Appeals put it, “with his mother ensconced as the president of the village, and an ordinance that provided he could only be removed from office if the president agreed, Cody Miyler must have been shocked when he was discharged from his position as the Chief of Police of the tiny […]

Officer Loses Claim That Indictment Was Illegal Retaliation

Steve Fowler is an African-American officer with the Canton, Ohio Police Department. From time to time, Fowler has spoken out against what he perceives to be racial discrimination in the Department. On February 1, 2004, the office manager of a law firm filed a complaint with Internal Affairs regarding Fowler’s behavior. The complaint alleged that […]

Inviting Evangelical Christian Group To Mandatory Meetings Results In Attorney Fee Award

Two Milwaukee County, Wisconsin deputy sheriffs, along with the Milwaukee Deputy Sheriffs Association, filed a lawsuit against the County alleging that the County had violated their rights under the First Amendment’s “Establishment of Religion” clause. The deputies contended that the County had invited an evangelical Christian organization, the Fellowship of Christian Centurions, to make presentations […]

No Constitutional Protection For Union Speech Of Corrections Officers

Andrea Cabral was appointed Sheriff of Suffolk County by the governor of Massachusetts in 2002. Four months later, she formally recognized the newly-formed Jail Officers and Employees Association of Suffolk County as the designated collective bargaining agent for Suffolk County’s corrections employees. The Association and Cabral quickly became embroiled in disputes over contract provisions. Some […]

Employer Acts Unlawfully In Changing Scope Of Civilian Oversight Of Police Department

In 1999, the Seattle, Washington City Council adopted the Office of Professional Accountability (OPA), which was granted an independent review authority to audit, examine, and review arrest records and contacts between Seattle police officers and civilians. The examinations were based upon citizen complaints, and were a reaction to the claims of certain citizen groups that […]

Fire Union Fails To Make Timely Demand To Negotiate Over Transfer Of Work

The South Placer Fire Administrative Officers Association represents a bargaining unit comprised of battalion chiefs working for the South Placer, California Fire Protection District. On September 21, 2005, the District’s governing board revised the job description for the EMS administrator. The revised position was designated a division chief position and renamed EMS Officer, Division Chief. […]