This month’s cases: Union, Not Member, Has Right To Invoke Arbitration, Pendleton Police Department, 2023 WL 2858867 (OR ERB 2023). Paid Union Leave Legal In Texas, Borgelt v. Austin Firefighters Association, 2022 WL 17096786 (Tex. App. 2022). Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL […]
The movie and novel Minority Report introduced the idea of “precrime.” Could AI make this a reality? Benchmark Analytics claims it can predict adverse officer actions before they happen. This month’s cases: Boston Allowed To Implement Vaccination Policy, Boston Firefighters Union, Local 718 v. City of Boston, 2023 WL 2698781 (Mass. 2023). Court Turns Away […]
The first meaningful applications of artificial intelligence in the public safety labor world are happening. What does this bode for the near future? Cases: Arbitrator’s Decision Reinstating Text-Messaging Officer Not Against Public Policy, City of Springfield v. PPBA, Unit 5, 2023 IL App (4th) 220321-U (Ill. App. 2023). No Privacy Protections Against Disclosure Of Officers’ […]
In this month’s podcast: Article: Evidence On Measures To Reduce Excessive Use Of Force By The Police (h/t to PORAC). Firefighter Schedule Change Illegal Discrimination, IAFF, Local 365 v. City of East Chicago, 2022 WL 17829283 (7th Cir. 2022). Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email, State v. Bowers, 2022 WL […]
BOSTON, MA — Mayor Michelle Wu said Monday the city will not sign any contract with the Boston Police Patrolmen’s Association unless it contains provisions on police reform. “We continue to have conversations and our firm position is that we will not sign a contract that does not include reform,” Wu said on WBUR’s “Radio […]
This month’s cases: Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6th Cir. 2022). Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11th Cir. 2022). Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v. County of […]
Cases: The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022). Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022). Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 WL […]
What’s going on with the Consumer Price Index? Cases: Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022). Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022). Corrections Officers Lack Standing To Challenge Sick Leave Confinement […]
Policing and police staffing in Portland, Oregon. Article: The Injustice Of Under-Policing In America First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022). Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. 2022). […]
In this month’s podcast: Religious speech implications of the Supreme Court’s Kennedy decision. Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th Cir. 2022). Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022). No Due Process Right To Promotion From Expired List, Cummings […]
How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers?Mentioned in this discussion: Garcetti v. Ceballos Other cases discussed: New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022). No DFR Breach When Fire Union Balances Competing Priorities Of Members, Gault […]
This month’s cases: Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.] What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022). No Weingarten Representation When Employer Assures Employee Discipline Not Possible, Canovas v. […]
In this month’s podcast: New Jersey Attorney General’s cannabis compliance memo Cases covered Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022) Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022) Qualified Immunity Shields Employer From Liability For Illegal […]
In this month’s podcast: Meet John Chrystal. John is the president of the Newark, New Jersey Police Superior Officers’ Association and has attended LRIS seminars for many years. He’s taken the knowledge gleaned from those seminars had translated it into wins for his union. Two recent cases illustrate this. City Guilty Of ‘Direct Dealing’ In […]
This month’s cases: Major Cell Phone Decision From Phoenix, Turiano v. City of Phoenix, No. CV-21-01428-PHX-MTL (D. Ariz. Feb. 4, 2022). Arbitrator Upholds Chicago Police Vaccine Mandate, City of Chicago, (George Roumell, Jr. Feb. 23, 2022). ‘Gap Time’ And The FLSA, Conner v. Cleveland County, 2022 WL 53977 (4th Cir. 2022). No Employment Right To […]
A brief update on vaccine mandates. Cases: Arbitrator Upholds Lieutenant’s Termination For January 6 Charges, Bexar County, Texas (Thomas Cipolla, 2021). (Download the arbitrator’s decision.) LAPD Officers Lose Job To Pokemon Go, Lozano v. City of Los Angeles, 2022 WL 71705 (Cal. App. 2022). Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract, […]
Happy new year! This month’s podcast covers: Mandatory vaccinations programs (again). Courts and arbitrators continue to rule (69-0 by our last count) that there is nothing unconstitutional about employer vaccine mandates. First interest arbitration decision about mandatory vaccine programs. The law about whether or not an employee or labor organization can get injunctive relief while […]
This month’s podcast covers the most recent updates on vaccine mandates as well as the following cases: Due Process And The Brady Rule, Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 2021 WL 5182646 (Pa. Cmwlth. 2021) (see also Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)). Union Entitled To […]
Are you tired of hearing about vaccination mandates yet? We hope not, because this podcast is all about the legality of mandatory vaccination policies (spoiler alert: they are legal). Will tackles some of the most common questions he’s received or seen regarding employer vaccination mandates. They are listed below with a timestamp so you can […]
Will interviews Angie Salvato and Dr. Vidisha Barua Worley, Esquire on the current state of recruiting and retaining quality law enforcement officers. The interview covers: About our guests: Angie Salvato Angelina Salvato is a Police Officer with the Anchorage Police Department in Alaska and is currently assigned to the Background and Recruiting Unit. Angie has […]
Here’s the table of cases on vaccine mandate litigation that we forgot to include in the podcast show notes. Download the table
Tracking vaccine mandate litigation (Table) Police union website archive at Cornell Universityhttps://news.cornell.edu/stories/2021/09/police-union-websites-preserved-library-archive Cases: Apportioning Damages In DFR Cases, POAM v. Hatfield, 2021 WL 3907865 (Mich. App. 2021). No Duty Of Fair Representation Where Union Not Exclusive Rep, Brinson v. Florida PBA, 48 FPER ¶ 19 (Fla. PERC Gen. Counsel 2021). Who Chooses The Reasonable Accommodation […]
Will interviewed Chicago Pasquale “Pat” Fioretto regarding an important arbitration decision between the City of Chicago and the Chicago FOP Lodge 7. Pat represented the FOP in this case, which dealt with the issues:
