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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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First Thursday, July 2021

The Last News Recruitment and retention crisis Mandatory COVID vaccination (San Francisco) Oregon Senate Bill 204 on police reform Cases: Federal Court Allows Mandatory Vaccinations, Bridges v. Houston Methodist Hospital, Civil Action 21-1774 (S.D. Tex. 2021). Shifts, Seniority, And Religious Accommodations, In re Bloomfield, 2021 WL 2182984 (N.J. App. 2021). See Balint v. Cason City, Nevada https://caselaw.findlaw.com/us-9th-circuit/1414071.html Officer’s Brady Due Process Lawsuit Against Prosecutor Fails, Roe v. Lynch, 2021…

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First Thursday, June 2021

Cases covered this month: Chicago Commits Bodycam-Related Unfair Labor Practices, Fraternal Order of Police, Lodge #7 and City of Chicago, Case No. L-CA-20-024 (Ill. LRB ALJ 2021). Civil Service Referee Upholds Firefighter’s CBD-Based Termination, City of Cleveland (Colon), December 23, 2020. Link to CBD notice from Department of Transportation: https://www.transportation.gov/odapc/cbd-notice Fire Department’s Tattoo Policy Upheld, City of Brockton (Matchem), Case No. G1-19-234 (Mass. CSC 2021). Weingarten And Supervisory-Subordinate Conversations,…

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First Thursday, May 2021

In this month’s podcast, Will cover public safety legislation from around the country. Maryland: Eliminates the police officers’ bill of rights, use of force reform, county police accountability boards. San Antonio: Establishes collective bargaining for police officers. Austin: Voters approve binding arbitration for firefighters replacing the meet-and-confer system. Cases: Court Changes ‘Public Policy’ Doctrine To Overturn Arbitrator’s Opinion, City of Seattle v. Seattle Police Officer’s Guild, 2021 WL 1247946…

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First Thursday, April 2021

Facts vs Perception On Race In Policing USA Today Article CUPES Study The Cases: Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021). City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021). Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021)….

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First Thursday, March 2021

Upcoming LRIS webinars, premium podcasts and seminars. The cases: Firefighters, Families Lose Lawsuit Over Fatal House Fire, Speakman v. Williams, 2021 WL 49947 (3rd Cir. 2021). Challenges In Illinois To The ‘Public Policy’ Doctrine, City of Chicago v. Chicago Fire Fighters Union, Local No. 2, Case No. 2019 CH 12662 (Cir. Ct. 2020); City of Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of…

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First Thursday, February 2021

Will talks about the January 6 riot at the Capitol and the following cases: Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021) Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6th Cir. 2020). No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)

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How To Repair Broken Windows

In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular? This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at…

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First Thursday, January 2021

What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question. Cases covered this month: Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020). The High Standard For PTSD Claims In Some States, Angle v….

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First Thursday, December 2020

It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases: Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020). Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7th Cir. 2020). Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill….

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First Thursday, November 2020

Will discusses ballot measures from across the country on police issues. Cases covered: Prosecutor Allowed To Disclose Brady Information To Chief, In re Grand Jury Investigation, 485 Mass. 641 (Mass. 2020). Prosecutor Shielded From Officers’ Suit By Qualified Immunity, Stockdale v. Helper, 2020 WL 6372910 (6th Cir. 2020). Reporting Corruption Not Protected By First Amendment, DeWyse v. Federspiel, 2020 WL 5993092 (6th Cir. 2020). Reprimand Not Sufficiently ‘Adverse’ To…

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First Thursday, October 2020

Announcements: The new edition of our book The Rights of Law Enforcement Officers is now available. 2021 Seminar Schedule LRIS Webinars Cases: When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee, 2020 WL 5747114 (WI.Emp.Rel.Com. 2020). ‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020). Firefighter…

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First Thursday, September 2020

An update on LRIS seminars during COVD-19 The police reform movement Cases: City Stuck With Police Director’s Grievance Resolution, City of Newark, 47 NJPER ¶ 15 (NJ PERC ALJ 2020). Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70, 2020 WL 4804962 (Ohio App. 2020). Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020). EMS…

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First Thursday, August 2020

Protests in Portland, Oregon Social media screening services From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds? Cases: Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police, 2020 IL 124831 (7th Cir. 2020) Contracts And Memoranda Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio…

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Minnesota Police Reform Bill (Corrected)

A previous version of this podcast included the wrong recording. Will discusses Minnesota’s sweeping new police reform billp just passed last night. Sections 1 & 3, Peer Counseling (00:01:20) Section 2, Critical Incident Stress Management Data (00:05:11) Section 4, Critical Incident Stress Management Team Members (00:05:25) Section 5, Independent Use of Force Investigations Unit (00:07:25) Section 6, Residency (00:07:58) Sections 7, 8 & 9 Use of Force (00:08:20) Section…

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First Thursday, July 2020

Covered in this month’s podcast: Labor and employment issues coming out of the pandemic (00:00:43) The police reform movement (00:03:56) Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01) Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2nd Cir. 2020) (00:28:44) The…

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