No Weingarten Representation When Employer Assures Employee Discipline Not Possible

Jacqueline Canovas works for the Miami-Dade County Police Department as a Police Station Specialist in the Training Bureau and is a member of the Professional Law Enforcement Association (PLEA). Canovas’s direct supervisor was Sergeant Audino, who in turn reported to Lieutenant Artime. When Audino was out of the office, Canovas reported directly to Artime. As […]

Porta-Potty Retaliation

The Shelton Police Union and the City of Shelton, Connecticut are parties to a collective bargaining agreement. On March 10, 2020, Governor Ned Lamont proclaimed a COVID-19 state of emergency. Six days later, the Governor issued Executive Order No. 7D, which stated, in relevant part, “effective at 8 p.m. any indoor gym, fitness center, or […]

City Improperly Ordered Lieutenant To Lower Sergeant’s Evaluation

Lieutenant Elizabeth Ibarra works for the Milwaukee Police Department. She currently serves as the Municipal Lock-Up Facility Administrator for Central Booking and supervises about nine sergeants who supervise about 50 officers. She supervised Sergeant Salvador Hernandez, and in September 2019 prepared his annual evaluation. She then gave him almost all 5’s, which was the highest […]

Officers’ Speech To City Council Not Constitutionally Protected

One might think that speech to a city council is clearly protected by the free speech guarantees of the First Amendment. As two high-ranking police officers with the City of Jellico, Tennessee discovered, the Supreme Court’s constricted view in Garcetti v. Ceballos of free speech rights of public employees means that even speech to a […]

Discipline Violates Firefighter Bill Of Rights

Robert Pitre is a New Orleans firefighter. On June 14, 2020, Pitre was working at Fire Station #24. Upon arrival, Captain Michael Ebbs directed Pitre to obtain his gear and proceed to the location of other firefighters who were responding to a fire. Captain Ebbs and Pitre were the only firefighters at the fire station. […]

Doctor’s Note Requirement Does Not Necessarily Trigger Discrimination Claim

Jason Cooling is a police officer in the City of Torrington, Connecticut. In February of 2004, Cooling joined the United States Marine Corps. In 2006 and 2011, Cooling served in combat in both Iraq and Afghanistan, respectively. As a result of those military tours of duty, Cooling suffered multiple disabling injuries including PTSD. On January […]

What Happens When The Employer Fails To Respond To A Grievance?

Police officers for the City of St. Petersburg, Florida are represented by the Sun Coast Police Benevolent Association. The PBA filed an unfair labor practice charge alleging that the City had violated its bargaining obligation in the handling of a termination grievance. At issue was the City’s failure to answer the grievance at Step 1 […]

Court Upholds Arbitration Panel’s Backpay, Overtime Award

The City of Hartford and the Hartford Police Union are parties to a collective bargaining agreement. As of March 3, 2017, there were five police captains employed by the Department. Beginning on that date those police captains began serially retiring over the course of approximately 15 months, until the last of them retired on June […]

Nashville’s Entry Into Private Security Not Antitrust Violation

Comprehensive Security, Inc., As­sociated Protective Service, Inc., and OnTrac Security, Inc. (the Companies), are three private companies that operate in Davidson County, Tennessee. They offer security services to the public, including site security, asset security, traffic control, crowd control, and individual protection, among other services. Prior to 2013, the Companies rou­tinely hired off-duty police officers […]

Failure To Cut Hole In Roof Dooms Firefighter’s Race Discrimination Claim

Major Smith was hired by the City of Toledo, Ohio, as a firefighter recruit in 2017, and was assigned to the Toledo Fire and Rescue Training Academy. The curriculum at the Academy includes both classroom and hands-on learn­ing; recruits then take both written and practical skills examinations. The Academy gives recruits three chances to pass […]