New Disciplinary Matrix And Procedures Are Negotiable

For many years, FOP Lodge 12 has represented officers working for the Newark, New Jersey Police Department. The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Department. When the City unilaterally implemented a disciplinary matrix, the FOP and the SOA filed unfair labor practice complaints with New Jersey’s Public Employment Relations Commission. PERC […]

No Due Process Right To Promotion From Expired List

John Cummings is a lieutenant in the Bridgeport Police Department in Connecticut. On October 21, 2015, the City held an examination for promotion to lieutenant. Cummings ended up ranked tenth on the promotional list. On January 12, 2018, after being alerted to the possible expiration of the list by the president of the police union, […]

Internal Union Appeals Process Does Not Extend Statute Of Limitations For Filing ULP

Timothy Horvath was employed by the City of Westland, Michigan Police Department as a sergeant. On November 16, 2020, the City suspend­ed Horvath for 84 hours for allegedly sexually harassing a fellow police of­ficer. He was also required to take 40 hours of sexual harassment training and was removed from the lieutenant promotional list. The […]

No DFR Breach When Fire Union Balances Competing Priorities Of Members

Craig Gault is a firefighter with the City of Portland, Oregon, and is a member of the bargaining unit rep­resented by the Portland Firefighters’ Association. In 2019, Gault became a Fire Investigator, a job that required specific training. Under Oregon law, Fire Investigators are a form of police officer, and carry firearms. Shortly before Gault […]

‘Absolute Immunity’ Even Shields Placement On Brady List For Political Reasons

A group of nine Pierce County, Washington, Sheriff’s Department law enforcement officers who were assigned to the Department’s Special Investigation Unit (SIU) sued Deputy Prosecuting Attorneys James Schacht and Fred Wist, former Sheriff Paul Pastor, Acting Sheriff Brent Bom­kamp, and Pierce County, claiming that they were wrongly placed on the local Brady list by Schacht […]

No Discipline For Following Lieutenant’s Guidance

Sergeant Willie Jenkins works for the New Orleans Police Department (NOPD). On April 18, 2018, Jenkins, along with several other NOPD offi­cers, responded to a call concerning an armed robbery. Attempting to locate and arrest the suspect, Detective De­cynda Chambers spoke to the resident and obtained her verbal consent to enter the residence, upon which […]

Officer’s Experience With Death And Decaying Bodies Defeats Disability Claim

Barry Mesmer was a police officer with the Township of Evesham, New Jersey. On February 14, 2016, Mesmer was dispatched in response to a call re­garding a potential suicide. Based on the address, Mesmer knew he was driving to the home of M.H., an Evesham Town­ship firefighter. Mesmer described his relationship with M.H. as professional, […]

Arbitrator Finds Shift Change Violates Contract, Awards Damages

Patrol officers for the Village of Cal­umet Park in Illinois are members of the Illinois Labor Council of the Fraternal Order of Police. The contract between the FOP and the Village provides that “the regular work shift will be as follows: Shifts A and B shall consist of four ten-hour shifts. Shift C shall consist […]

Union Election Speech Protected By First Amendment

Al O’Laughlin and Crystal Little are captains in the Palm Beach County Fire Rescue Department. Both are mem­bers of the International Association of Firefighters Local 2928. O’Laughlin was running for Local 2928 presidency. As part of his cam­paign, he created an invitation-only Facebook page, on which he posted a comment accusing Local 2928’s First Executive […]

Troopers Lose Post-Janus Attorney Fee Case

A group of current and former Connecticut state troopers filed suit in 2015 against the Connecticut State Police Union and various state officials alleging that the Union violated their First and Fourteenth Amendment rights by deducting union fees from their pay even after they withdrew from union membership. While the lawsuit was pending, the Supreme […]

Q & A

From Michigan:Question: I just finished listening to this month’s podcast. At the end of the podcast, you talked about what if the sergeant had no supervisory responsibilities over the employee and you said in a non-union environment it doesn’t matter. Is the same true in a union shop if we also do not have a […]