Because Lieutenant Voluntarily Retired, He Loses Disability Claim For Collapsed-Chair Injury
Donald Balint was a corrections lieutenant at the Coxsackie, New York Correctional Facility. Balint sustained work-related injuries when a chair in which he was sitting collapsed. He performed his regular duties for well over a year following the accident, but felt that he could no longer do his work properly, retired and sought post-retirement benefits. […]
Firefighter Recruits Lose Travel Time Claim
Firefighter recruits for the Town of Wakefield, Massachusetts receive training at the Massachusetts Fire Academy (MFA), located in Stow, Massachusetts. Under the collective bargaining agreement between the Wakefield firefighter’s union and the Town, new recruits with no prior firefighting experience “will be sent to the Fire Academy for training during the first year of employment, […]
Employer’s E-Mail Policy Discriminates On Basis Of Union Activity
The City of Saginaw, Michigan Police Department permits its employees to use the City’s e-mail system for non-work-related purposes. Daniel Kuhn is the president of the Saginaw local of the Police Officers Association of Michigan. On October 16, 2008, Kuhn used the City’s e-mail system to send his members a message about the City’s deferred […]
Each New Paycheck Starts New Statute Of Limitations Under FLSA
Officers of the District of Columbia Metropolitan Police Department sued the District under the Fair Labor Standards Act (FLSA), alleging that the District had failed to calculate their overtime based on enhanced pay owed to detective sergeants under the District of Columbia Code. The procedurally complicated case started with a grievance filed by three officers, […]
New Appeals Court Decision Sets Up Conflict In Law Applicable To Sick Leave Verification
The Americans With Disabilities Act (ADA) has a fairly broad medical privacy provision. The ADA states that an employer “shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless […]
Contract Does Not Require That Retiree Health Insurance Remain Unchanged
When Mark Petersen retired from the Raritan, New Jersey Police Department, he was provided health insurance, without cost, pursuant to the terms of the contract then in effect between the Township and the Police Benevolent Association Local 337. Several years after he retired, Petersen was notified that the Township discontinued all municipal employee participation in […]
Ohio’s Ban On Residency Rules Only Applies To Ordinances, Not Contracts
The collective bargaining agreement between the City of Perrysburg, Ohio and the Ohio Patrolmen’s Benevolent Association has a residency rule that requires employees to live either in Perrysburg or nearby areas. A recently enacted Ohio statute, on the other hand, provides that no political subdivision shall require any of its employees, as a condition of […]
Supreme Court Holds That Company May Be Liable For The Discriminatory Motives Of Non-Decision Makers
On March 1, 2011, the U.S. Supreme Court held that an employer may be liable for the discriminatory motives of a supervisor who influences but does not make the ultimate employment decision. The Court’s ruling will impact employment discrimination claims where multiple individuals are claimed to have made, caused, or influenced the ultimate employment decision. […]
Court Declines To Overturn Arbitrator’s Health Insurance Decision
The 2007 collective bargaining agreement between the City of Detroit, Michigan and the Detroit Police Officers Association was settled through binding arbitration. An arbitration panel adopted the City’s last best offer with respect to health care benefits, which became Article 21 of the contract. Article 21 includes provisions for cost sharing by the employees and […]
Transfer Of Troopers A Management Right
Members of the New Hampshire Division of State Police are assigned by the Division to road patrol within six troop areas, Troops A through F, throughout the state. Section 21.7 of the collective bargaining agreement between the State and the New Hampshire Troopers Association provides: “Any employee may live within a town within a patrol […]