First Thursday, February 2023

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 17984985 (Wisc. App. 2022). Workers Comp Limitation On Stress Claims Not Unconstitutional, Matthews v….

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No Reform, No Deal, Says Mayor Wu On Police Contract

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 Boston.” “That is the charge that I was given by the residents across the…

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First Thursday, December 2022

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 Riverside, 2022 WL 16646827 (Cal. App. 2022). Reasonable Accommodation And Cold Baths, Bright v….

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First Thursday, November 2022

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 14890243 (S.D.N.Y. 2022). Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022…

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First Thursday, October 2022

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 Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022). Kentucky Supreme Court Conversations Between Union…

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First Thursday, September 2022

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). Iowa’s New Brady Statute Grants Protections To Officers, https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF2496 Officer Had No Expectation Of…

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First Thursday, August 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 v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022). Pre-Disciplinary Hearing Must Precede,…

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First Thursday, July 2022

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 v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022). No Discipline For Following…

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First Thursday, June 2022

This month’s cases: Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). 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. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022). Arrest Does…

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First Thursday, May 2022

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 Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022) No…

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First Thursday, April 2022

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 Offering Retirement Incentive, City of Newark, 2022 WL 810185 (N.J. PERC 2022). City Stuck…

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First Thursday, March 2022

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 Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274…

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First Thursday, February 2022

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, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022)….

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First Thursday, January 2022

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 a challenge to vaccine mandate is going on. What the Supreme Court will be…

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First Thursday, December 2021

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 Materials In Member’s Disciplinary File, In re New York State Correctional Officers and Police…

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First Thursday, November 2021

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 navigate to a question that interests you most. Our Vaccination Mandate Litigation Table. Lastly,…

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Police Recruitment And Retention

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: The changes in general nature of prospective officers they’ve seen over time and why they think these changes have occurred. How the changes have escalated post-George Floyd. How students and applicants are reacting to the national narrative about policing post-George Floyd. The influence of…

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First Thursday, October 2021

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 Under The ADA? LeBlanc v. McDonough, 2021 WL 3116107 (D. Minn. 2021).

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Pat Fioretto Interview

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: What constitutes a past practice? How do you prove a past practice? How do you come up with a make whole remedy when the employer has violated a long-standing past practice? Does a civilian oversight…

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First Thursday, September 2021

More on mandatory vaccination programs Jacobson v. Massachusetts Bridges v. Houston Methodist Klaasen v. Trustees of Indiana University (7th Circuit opinion) From the EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020). Do unions’ have the right to bargain over the effects of mandatory vaccination programs? Are non-exempt employees who…

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First Thursday, August 2021

Will starts off this month’s podcast with things employers and unions need to know about mandatory Covid vaccine programs. The EEOC’s FAQ page. Employer Covid Vaccination And Testing Program Guidelines Jacobson v. Massachusetts, 197 U.S. 11 (1905) Bridges v. Houston Methodist Hospital, Case No. 21-CV-01774 (S.D. Tex. 2021) This Month’s Cases Firefighters Lose ADA Lawsuit Over Beards, Bey v. City of New York, 2021 WL 2345249 (2nd Cir. 2021)…

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Interview With FOP Lodge 112 President Will Milam

Will Aitchison interviews Sergeant Will Milam, president of FOP Lodge 112 in Prince George’s County, Maryland and vice president of the Maryland State FOP Lodge. The two discuss what happened in Maryland that brought about the repeal of the country’s first state police officers bill of rights and what procedural job protections are currently in place for law enforcement officers in Maryland. Will Milam also gives advice to law…

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