Unions And The Duty Of Fair Representation

A recent Michigan case provides a good case study of the discretion accorded unions in decision-making on grievances and when a union’s decisions implicate or do not implicate the duty of fair representation. The case involved Antoinette Loyd, who works for the Wayne County Sheriff’s Department. Loyd filed an unfair labor practice complaint against her […]

Pre-Employment Polygraph Disclosable In Spite Of Public Records Act

Tye Sheats works as a police officer for the East Wenatchee police department in Douglas County, Washington. In 2016, he applied for an opening at the Wenatchee police department in Chelan County. As part of the application process, he submitted to a polygraph test. During the test, Sheats admitted to numerous wrongdoings between 2000 and […]

The Employer Interviewing Union’s Witnesses: What Are The Rules?

The City of Commerce, California and the Commerce City Employees Association are parties to a memorandum of understanding (MOU), California’s equivalent to a collective bargaining agreement. The MOU has a grievance procedure culminating in binding arbitration. The Association filed a grievance over the City’s decision to terminate a member of the Association’s bargaining unit, Sergio […]

Retiree Can Forfeit Pension For Conviction Of Theft

Jon Wilmot began work as a firefighter with the Contra Costa County Fire Protection District in California in 1985. By 2012, he had risen to the rank of captain. During this period, he was a member of the retirement program established by Contra Costa County, which is administered by the Board of Retirement of the […]

Internal Affairs Investigation Cannot Invade Attorney-Client Privilege

Dana Hoover, a detective for the San Diego Police Department, sued the City in May of 2014 alleging claims of employment-related harassment and retaliation. In particular, she claimed she suffered harassment and retaliation based on complaints she made about perceived investigative failures by the Department’s homicide unit, of which she had been a member. In […]

Employer Must Arbitrate Changed EMS Duties

The city of Yonkers, New York and the Yonkers Fire Fighters, Local 628 of the IAFF are parties to a collective bargaining agreement. The management rights clause of the contract allows the City to control the management of the fire department with certain limitations. It also allows the City to alter the Department’s Emergency Medical […]

Workers’ Comp Covers Injury During Officer’s Commute

Phillip Zonn is a corporal with the Prince George’s County Police Department, and is enrolled in the Department’s Personal Car Program. Under the Program, officers are provided with the use of a patrol vehicle. Officers who live in Prince George’s County are permitted to take their patrol vehicles home and to use their vehicles for […]

Officer Who Reported Chief’s Illegal Conduct Loses Retaliation Claim

Darren Pead was a police officer for Ephraim City, a small town in rural Sanpete County, Utah. In a recent lawsuit, Pead learned first-hand how the Supreme Court’s Garcetti rule provides little protection for job-related speech. Pead claimed he discovered that Police Chief Ron Rasmussen had failed to fill out or complete hundreds of police […]

Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds

On November 22, 2014, Cleveland Police Officer Timothy Loehmann shot and killed 12-year-old Tamir Rice. The shooting sparked protests, national media attention, visits to Cleveland by the U.S. Attorney General and a criminal investigation by the Cuyahoga County Sheriff’s Office, the Cuyahoga County Prosecutor’s Office and the Ohio Bureau of Criminal Identification and Investigation. When […]

Police Chief In Clever Pushing For Better Pay For His Department

CLEVER, MO — The police chief in Clever went before the city council and asked for better pay and benefits for his officers. The city is considering his request, but denied a motion to offer better holiday time off for the officers. Beginning officers in Clever make $12.50 an hour. That is almost four dollars an […]

New Indianapolis Police Officers Getting Big Pay Bump

INDIANAPOLIS, IN — New Indianapolis police officers will soon be making more money. Mayor Joe Hogsett announced pay raises to Indianapolis Metropolitan Police Department recruits, paying the officers more in their first and second years on the job. Under the new payscale, first-year recruit officers will make $51,000 per year, instead of the current $39,446.16 […]

Methuen Begins Layoffs Of 50 Police Officers

METHUEN, MA — Local police chiefs worry public safety in the Merrimack Valley could be imperiled as Methuen begins the process of laying off more than half its police force over a contract dispute. “It’s absolutely a public safety emergency because you can’t run a police department of a city our size with half our […]