Even In ADA Lawsuit, State Not Entitled To See Trooper’s Psychiatric Records

Scott Butler, a trooper with the Louisiana Department of Public Safety and Corrections, sued the State under the Americans With Disabilities Act (ADA). Butler claimed that the State regarded him as disabled in violation of the ADA by requiring him to submit to an excessive psychiatric fitness-for-duty evaluation, denying him overtime opportunities and placing him […]

Federal Court: Cleveland’s Mandatory Police and Fire Retirement at 65 is Legal

The Age Discrimination in Employment Act (ADEA) makes it unlawful “for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual…because of such individual’s age.” Simple, straight-forward, easy to read. So when several Cleveland, Ohio police officers forced into retirement at age 65 sued the City […]

Whistleblower Protection Does Not Depend On Employee Motivation

Bruce Whitman was the Police Chief of the City of Burton, Michigan from 2002 to 2007, when the City’s mayor declined to reappoint him. Whitman then sued the City under Michigan’s Whistleblower Protection Act, claiming that the Mayor’s decision not to reappoint him was prompted by Whitman’s repeated complaints to the Mayor and the City […]

Contract Creates Property Right In Recall From Layoff

Alan Clukey was a police dispatcher with the Town of Camden, Maine Police Department for 31 years until the Department was eliminated in 2007 and he was laid off. At the time of his layoff, Clukey was the most senior employee in his department. The terms of Clukey’s employment with the Town were governed by […]

The Interplay Between Garrity And Weingarten

In July 2009, the Internal Affairs Division (IAD) of the Pennsylvania State Police (PSP) was investigating allegations of misbehavior against a PSP member. As part of that investigation, IAD interviewed Corporal Edmund Fret. At the outset of the interview, the IAD representative gave Fret a “reverse-Garrity” warning. In the warning, PSP ordered Fret to answer […]

Arbitrator’s Opinion On Range Qualification ‘Passably Plausible’

The Rhode Island Brotherhood of Correctional Officers represents corrections officers employed by the State of Rhode Island. The Brotherhood’s collective bargaining agreement contains a clause, known as Section 31.1, which requires the State to “offer a minimum of forty (40) hours per year of training to all uniformed Correctional Officers.” Section 31.2 of the CBA […]

Binding Arbitration Requires Manager To Include Costs Of Award In Proposed Budget

Law enforcement officers in Montgomery County, Maryland are represented by Lodge 35 of the Fraternal Order of Police. The County negotiates under a local collective bargaining ordinance that contains “final offer” binding interest arbitration as the last step in the bargaining process. In 2011, an arbitrator awarded Lodge 35’s final offer in the negotiations. A […]

Photographing Participants At Union Rally Is Unfair Labor Practice

In December 2010, the City of Stamford, Connecticut hired Attorney Christopher Dellaselva to work in its Department of Human Resources. Dellaselva was involved in every aspect of the City’s human resources function, including hiring, testing, and attending collective bargaining negotiation sessions and grievance meetings. The unions negotiating with the City, including Local 786 of the […]

No Due Process Rights When Entire Department Eliminated

A group of officers with the Los Angeles County Office of Public Safety (OPS) sued the County, claiming their due process rights were violated when the County consolidated the operations of the Office into the Sheriff’s Department. The officers contended, among other things, that they were automatically entitled to sworn positions in the Sheriff’s Department. […]

Los Angeles Required To Arbitrate Grievances Challenging Furloughs

After declaring a fiscal emergency, the City of Los Angeles adopted a mandatory furlough program for its civilian employees. Many employees represented by unions filed grievances against the City, arguing that the furloughs violated memoranda of understanding (California’s equivalent of a collective bargaining agreement) governing the terms and conditions of their employment. When their grievances […]

Albuquerque PD Officer Fired For Ties To Blog

ALBUQUERQUE, NM &#8211 Five years ago, officer Dawne Roberto was being called a hero for rescuing two people trapped in a burning car. On Tuesday, Roberto was fired from her job after 14 years on the force. While APD wouldn’t say why Roberto was let go, her attorney John D’Amato says it’s all because of […]

Layoff Notices Go Out To 26 Portland Firefighters

PORTLAND, OR &#8211 Portland’s Fire & Rescue Bureau Tuesday issued layoff notices to 26 personnel, based on the city’s approved 2013-14 budget. The notices are required, even though city officials and the fire chief are hopeful that other funding may materialize before the layoffs are due to become effective on Oct. 9. Fire Chief Erin […]