William Carlberg was a lieutenant with the New Hampshire Bureau of Highway Patrol and Enforcement. In 2007, Carlberg was deployed to active duty by the United States National Guard. While he was deployed, the Department reorganized, moving the Highway Patrol from the Division of Motor Vehicles into the Division of State Police. A collective bargaining […]
The memorandum of understanding (California’s equivalent to a collective bargaining agreement) between the San Diego Firefighters and the City of San Diego calls for premium pay for paramedics. The language in the MOU is that the premium is only paid to individuals “certified as paramedics.” There has been a longstanding agreement that the phrase “certified […]
When the City of Lancaster, Pennsylvania Police Department changed the times for its annual in-service training in 2007, the change was challenged in arbitration by the Lancaster Police Officers Association. An arbitrator upheld a portion of the Association’s grievance. The Arbitrator began by generally acceding to the City’s argument that the Police Chief had the […]
A group of police officers working for the Woodbury County, Iowa Sheriff’s Department filed a Fair Labor Standards Act (FLSA) lawsuit against the employer. The suit sought damages for, among other things, work during meal times and before and after shifts. When a jury returned a verdict in the County’s favor, the officers appealed. The […]
Firefighters working for the City of Portland, Oregon Fire Bureau are members of Local 43 of the International Association of Fire Fighters. Most Local 43 members are covered by the City’s Fire and Police Disability and Retirement Fund, which is governed by an appointed board. In 2006, the Disability Fund and the Fire Bureau notified […]
Jimmy Sain worked as a highway patrolman for the Tennessee Department of Public Safety (TDS). After deciding to run for mayor of Hardeman County, Sain resigned from his TDS position in order to comply with the Tennessee law providing that “a state or local officer or employee may not be a candidate for elective office.” […]
Towards the end of his shift, a corrections officer working for Broome County, New York was bitten by an inmate. The officer remained on site after the end of his shift, and obtained medical treatment for the injury. The officer later sought four hours of overtime for the time spent in receiving treatment. An arbitrator […]
Duane Winchell was a deputy sheriff employed by Riverside County, California. Winchell was involved in a romantic relationship with a woman referred to in the Court’s opinion only as “Ms. Keegan.” Early in 2002, Ms. Keegan wanted to break off the relationship; Winchell disagreed and became upset that Keegan was seeing another man. Winchell went […]
David Garcia has been a Long Beach, California police officer since 2000. On the night of July 16, 2004, Garcia became involved with an apparently mentally disturbed individual. The encounter eventually resulted in Garcia shooting and killing the suspect. The Department convened an Officer Involved Shooting Board. By a 4-1 margin, the Board concluded that […]
A police officer for the Township of Upper Saucon, Pennsylvania Police Department originally maintained one-person health insurance. When she married a fellow officer in 2007, she sought to take advantage of a provision in the Township’s contract with the Upper Saucon Township Police Association that allowed officers to waive health insurance in exchange for a […]
The U.S. Supreme Court has issued a decision that could have a significant impact on employers defending Age Discrimination in Employment Act (ADEA) claims. In Gross v. FBL Financial Services, Inc. (June 18, 2009), a 5-4 decision, the Court held that to win an ADEA claim, the individual claiming discrimination must prove that age was […]
On the last day of its 2008-2009 term, the Supreme Court issued a long-awaited decision in a contentious lawsuit involving a promotional examination in the New Haven, Connecticut Fire Department. While the Court did not go as far as some believed – Justice Antonin Scalia, writing a concurring opinion, lamented that the Court had only […]
