Court Defers To Arbitrator’s Decision On Pay For Travel

On March 1, 2005, the Chief of Police of the New Jersey Transit Corporation issued orders temporarily assigning two police officers to each other’s regular assignments for a period of 28 calendar days. One officer was transferred from his position at Hoboken and assigned to the other officer’s position in Newark, and vice versa. The […]

Officer Not Entitled To Workers’ Comp Reimbursement For Travel Expenses

A police officer working for the Town of Falmouth, Massachusetts suffered a work-related injury in 2004. The injury required four separate surgeries, and the officer was unable to return to work until May 2007. Over the time of his injury, the officer logged 5,397 miles on his personal vehicle going to and from doctors’ appointments. […]

Consensual Sexual Relationship Not Sexual Harassment

Barbara Bracci was a corrections officer employed by the New York Department of Correctional Services. Bracci filed a sexual harassment complaint under New York’s Human Rights Law. The essence of Bracci’s complaint was generally known as “quid pro quo sexual harassment” – where an employee is subjected to unwelcome sexual conduct and the reaction to […]

Testimony in ‘Court’ Can Include Appearance Before Commission

A corrections officer working for the Plymouth County Sheriff’s Department in Massachusetts was subpoenaed to appear before the Massachusetts Commission Against Discrimination. The Commission was hearing a discrimination complaint filed by a fellow corrections officer against the Department. When the Department refused to compensate the officer for his appearance at the Commission, his labor organization […]

Employees Can Be Forced To Use Comp Time In Lieu Of Sick Leave

A group of corrections officers filed a Fair Labor Standards Act (FLSA) lawsuit against the City of Atlanta, Georgia. One of the claims made by the officers was that the City forced them to use their compensatory time off instead of sick leave to cover their absences due to illness or injury. As the officers […]

Officer Who Accidentally Killed Fellow Officer Wins PTSD Disability

On March 25, 2005, members of the Easton, Pennsylvania Police Department SWAT team, including Matthew Renninger and Officer Jesse Sollman, returned to the Easton Police Department after a day of SWAT training and began breaking down and cleaning various weapons used that day. Renninger took his firearm, a 40-caliber handgun, out of his holster and […]

Offer Of Deputy Chief Job To White Firefighters Defeats Reverse Discrimination Claim

In November 2005, the City of Harvey, Illinois decided to hire a deputy chief and three assistant chiefs for the Harvey Fire Department. A sign-up sheet was posted for persons interested in these positions. Nine people signed up to be interviewed for the assistant chief position including Rich Stockwell, Gary Stockwell, Ron DeYoung, and Steve […]

Timeliness Defects Must Be Raised Early In Grievance Procedure

The Madison Township, Michigan Fire Fighters Union filed a grievance challenging the Fire Department’s decision to hire a temporary worker to replace a bargaining unit paramedic who was using extended sick leave. The Township contended that the grievance was not arbitrable because it had not been filed in a timely manner. An arbitrator rejected the […]

When Are Disciplinary Conversations With A City Attorney Privileged?

Jeffrey Dzierbicki was a police officer with the Township of Oscoda, Michigan. In July 2007, Dzierbicki brought a lawsuit against the Township and its Police Chief. While the lawsuit was pending, Dzierbicki engaged in conduct that resulted in a disciplinary investigation by the Department. Since Dzierbicki had litigation pending, the Township’s attorney was brought into […]

Sergeant Has No Constitutional Right To Be Given A Polygraph

George Emigh was employed as a sergeant by the Pennsylvania State Police. Emigh was the subject of a sexual misconduct complaint filed by a judge alleging that he engaged in inappropriate conduct towards her during a private party. The Department sustained some of the charges against him, and informed Emigh that he had the right […]

Reference To ‘Psycho-Bitch’ Can Support Claim For Sexual Harassment

Gina DiPasquale was a corrections officer with the State of New Jersey Department of Corrections. In 2001, DiPasquale became a permanent instructor in the Correctional Staff Training Academy. In January 2002, female recruits complained to DiPasquale that male instructors embarrassed, bullied and demeaned them because they could not keep up in physical training sessions. DiPasquale […]

No ‘Involuntary Disability Exception’ To Bill Of Rights

California’s Public Safety Officers Procedural Bill of Rights Act provides that “no punitive action” shall be undertaken against a public safety officer “without providing the public safety officer with an opportunity for administrative appeal.” The California Court of Appeals recently had to resolve whether the requirement for a hearing applies even to placement on involuntary […]

Lieutenant’s Speech About Vacation Not Protected By First Amendment

Louis Van Cleef is a lieutenant with the Seneca County, New York Sheriff’s Department. In a federal court lawsuit, Van Cleef alleged that problems with his employer started in the fall of 2004 when Van Cleef, together with the undersheriff and other co-workers, was planning a non-work-related trip to Florida. Van Cleef alleged that the […]

Police Captain Wins $1.5 Million Jury Verdict In Retaliation Claim

William Broderick was a captain with the Boston Police Department. In 1988, Broderick was elected to become president of the Superior Officers Union, a full-time position he held until 2000. For the 12 years he was president of the Union, the atmosphere between Broderick and Police Commissioner Paul Evans was one of “conflict and distrust,” […]

Grievance Procedure Expires With Contract

Catherine Whiting was a corrections officer with the Ottawa County, Michigan Sheriff’s Department. On February 15, 2006, while Whiting was off duty, she learned that her husband had engaged in an extramarital affair with a female acquaintance, Holly Gerbers. Upon learning of the affair, Whiting telephoned Gerbers and threatened to kill her. The following day, […]