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First Thursday, May 2020

Impact of COVID-19 Presumptive Causation Hazardous Duty Pay FFCRA Paid Leave Budget Issues Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders? Are state lockdown orders constitutional? Gibbons v. Ogden Jacobson v. Massachusetts No beard policies and face maskshttps://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/ Different Job Standards Possible For Older And Younger Officers, Melo v. City of Somerville, 2020 WL 1429578 (1st Cir. 2020). Massive Boston PD Medical…

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First Thursday, April 2020

Covered in this month’s podcast: Presumptive causation laws Changes to the California Peace Officer Bill of Rights (California Executive Order N-40-20) Philadelphia’s contract rollover for police officers Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight, 2020 WL 966350 (Vt. 2020) Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630 (Ill. App. 2020)…

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COVID-19 Policy Issues

Will Aitchison presents COVID-19 policy issues in a Q&A format. The questions along with their timestamps are as follows: Is the employer’s policy centralized? In other words, is there a single document that includes all aspects of your policy as opposed to a dozen different documents in a dozen different forms? (00:01:36) Does the employer have a medical professional available on a 24/7 basis? (00:02:40) Has the employer made…

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First Thursday, March 2020

This month’s cases: Firefighters, Facial Hair, The ‘Empty Vessel’ Of Light Duty, And The ‘Driving Calculus of Bureaucracy,’ Bey v. City of New York, 2020 WL 467507 (E.D.N.Y. 2020). Promise Of No Discipline? No Weingarten Rights, Fraternal Order of Transit Police, 51 PPER ¶ 51 (Penn. LRB ALJ 2020) Another Officer Loses A Brady Lawsuit Against A Prosecutor, Latty v. Polk County Sheriff’s Office, 2020 WL 485526 (D. Ore….

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First Thursday, February 2020

Developments with the Plain View Project First Lawsuit Against Plain View Project Is Dismissed, Pace v. Baker-White, 2020 WL 134316 (E.D. Pa. 2020) Firefighter Fired For Refusing Vaccination, Accommodation, Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020). County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019). Romantic Relationships And Sexual Discrimination, Word v. City of Chicago, 2020 WL 57642 (7th Cir….

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First Thursday, January 2020

Will Aitchison discusses the fallout from a photo of Detroit firefighters posing in front of a burned house and the dangers of social media posting for public safety employees. ‘No-Contact’ Order Ruled Illegal, Oakdale Police Officers Association v. City of Oakdale, 44 PERC ¶ 99 (Cal. PERB ALJ 2019) The NLRB Approves Greater Confidentiality in Workplace Investigations The Department of Labor Issues New Rules On Calculating The Regular Rate…

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First Thursday, December 2019

This month’s cases: Employer May Not Unilaterally Impose Waiver Of Right To Bargain, Gator Lodge Number 67, FOP v. City of Gainesville, 46 FPER ¶ 169 (Fla. PERC 2019). Not Improper ‘Direct Dealing’ For Negotiators To Have Sidebar Discussion, Jamison v. East Lake Tarpon Special Fire Control District, 46 FPER ¶ 153 (Fla. PERC Gen. Coun. 2019) Firefighter Staffing Per Shift Negotiable, City of Everett v. PERC, 2019 WL…

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First Thursday, November 2019

This month, Will covers three recent news stories and four cases. News articles: Alaska State Troopers find fix for hiring woes: More pay https://www.adn.com/alaska-news/crime-courts/2019/11/07/pay-hikes-drive-surge-of-job-seekers-to-alaska-state-troopers/ Hennepin County Attorney’s Office on New Protocol: ‘No Privacy Rights in a Criminal Investigation’https://alphanewsmn.com/hennepin-county-attorneys-office-on-new-protocol-no-privacy-rights-in-a-criminal-investigation/ Nevada Highway Patrol Association becomes the third group of state employees to unionizehttps://www.rgj.com/story/news/politics/2019/10/18/nhp-troopers-join-push-unionize-under-new-law/4022638002/ Cases: ‘Witness’ Officer Entitled To Weingarten Representative, Bardelas v. City of Doral, 46 FPER ¶ 91 (Fla. PERC…

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First Thursday, October 2019

Will discusses a recently released study from the Police Executive Research Forum study on the recruitment and retention crisis. Staying on this topic, Will talks about an article from the Omaha World-Herald on the workforce shortages in public employment in the state of Nebraska. Cases covered this month: When Is Harassing Conduct ‘Severe’ Enough? Perry v. Slensby, 2019 WL 3409894 (S.D.N.Y. 2019) Sergeant’s $1.9 Million Verdict Reduced To $2,700,…

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First Thursday, September 2019

Update: The fallout from the Plain View Project. The Plain View Project is run by a Philadelphia attorney who seeks to reveal the identity of law enforcement officers in eight jurisdictions who post what the attorney deems as sexist, racist or other unsuitable messages on Facebook. Cases: Employer Must Provide Information Before, Not After, Loudermill Hearing, Town of Auburn, 2019 WL 3574289 (MA LRC ALJ 2019) Personality Traits Not…

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First Thursday, August 2019

Will gives (yet another) warning about potential dangers posed by social media for public safety employees. He gives several recent examples of law enforcement, corrections and fire protection employees who have lost their jobs over controversial social media posts. Cases covered this month: ‘Exploding’ Offers Can Be Bad-Faith Bargaining, City of Arcadia (2019) PERB Decision No. 2648-M (Cal. PERB 2019). No Privacy Rights To Flash Drive Plugged Into Employer’s…

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First Thursday, July 2019

Will gives another, very necessary, warning about posting on supposedly private social media forums. He also discusses these cases: Deputy Cannot Sue Prosecutor For Wrongful Placement On Brady List, Harris v. Chelan County Sheriff’s Department, 2019 WL 1923924 (E.D. Wa. 2019). Seniority Prevails Over ADA For Day Off Selection, McIntyre v. Washington Metropolitan Area Transit Authority, 2019 WL 2120324 (D.D.C. 2019). The ADA And Light Duty Jobs, Garvey v….

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First Thursday, June 2019

Will talks about the Plain View Project, an online database of Facebook posts and comments by current and former law enforcement officers that include racist, sexist, anti-Muslim and other controversial sentiments. He also covers the following cases: Employer Cannot Refuse To Negotiate With Union’s Lawyer, FOP, Lodge 109 v. SEPTA, 50 PPER ¶ 7 (Penn. LRB 2019) ‘Do Not Apply’ Alert Is Protected Union Speech, City of Santa Maria,…

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First Thursday, May 2019

Will covers four cases this month including a Florida case that deals with the relationship between Garrity and Miranda and an Illinois case involving the relationship between HIPAA and the ADA in regards to fitness for duty evaluations. Full list of cases: How Miranda and Garrity Relate To Each Other, State of Florida v. Socarras, 2019 WL 1548623 (Fla. Dist. Ct. App. 2019). HIPAA Forms Can Violate Americans With…

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Interview With Police Chief Jim Porter

Jim Porter of the Bend, Oregon Police Department discusses how a focus on the emotional and physical health of a police department can transform the morale, productivity, and job satisfaction of officers. In the five years he has held his position, Chief Porter has implemented a number of innovative programs designed to improve the well-being of officers. These methods have proven effective, and in 2018 the Bend PD was…

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First Thursday, April 2019

This month’s cases include: California Supreme Court Ducks (For Now) Major Retirement Question But Allows End To ‘Air Time,’ Cal Fire Local 2881 v. California Public Employees’ Retirement System, 2019 WL 1008413 (Cal. 2019). Exclusionary Rule Does Not Apply In Disciplinary Appeal, Ramirez v. State Personnel Board, 2019 WL 948970 (Cal. App. 2019). DROP Benefits Can Be Prospectively Reduced, Eddington v. Dallas Police and Fire Pension System, 2019 WL…

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First Thursday, March 2019

Our first premium podcast was released on February 20. Will interviewed noted FLSA attorney Greg McGillivary. Subscribe to our newsletter or premium podcasts for access. This weeks cases include: Blanket ‘Gag Order’ Violates Bargaining Law, Santa Clara County Correctional Peace Officers’ Association, 43 PERC ¶ 104 (Cal. PERB 2018). Denial Of Transfer Can Be ‘Adverse Employment Action,’ Yee v. Massachusetts State Police, 2019 WL 347521 (Mass. 2019). Arbitrator’s Decision…

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First Thursday, February 2019

LRIS First Thursday Podcast

Have you heard about our new premium subscription service? We’re adding a second monthly podcast interview series, access to LRIS books and newsletter articles, and a 5% discount off of seminar registration fees and book orders. Choose the Premium Podcast or Public Safety Labor News subscription options. This month’s cases include: What Does ‘Substantial’ Evidence Mean? Conley v. City of St. Louis, 561 S.W.3d 848 (Mo. App. 2018). The…

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First Thursday, January 2019

Happy 2019 from LRIS. This month’s cases include: Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds, Cleveland Police Patrolmen’s Association, AAA #01-17-0003-7910 (James Rimmel 2018). Unions And The Duty Of Fair Representation, Wayne County Sheriff’s Association, 32 MPER ¶ 26 (Mich. ERC 2018). Because Of Disciplinary Impact, Body Cameras Are Negotiable, AFSCME, Local 61 v. State of Nebraska, 2018 WL 5846045 (Neb. CIR 2018). LISTEN

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First Thursday, December 2018

Merry Christmas from LRIS.

It’s the last First Thursday of month. Will has been a bit under the weather, which is why we’re late this month, but we’ve forced him out of his sick bed and into the recording room. First Post-Janus Cases Decided A variety of lawsuits have been filed across the country in the wake of the Supreme Court’s decision in Janus v. AFSCME. Court decisions have now been issued in…

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First Thursday, November 2018

LRIS First Thursday Podcast

Another survey! This one is about LRIS seminars, and one lucky participant will receive a $25 Amazon gift card. Complete the survey online here https://www.surveymonkey.com/r/5JSN8L7. The deadline to be entered in the drawing is November 8. This month’s cases include: To What Due Process Are Chiefs Owed, And When?, Straub v. City of Spokane, 738 Fed.Appx. 392 (9th Cir. 2018). Pennsylvania Sorts Out Cancer Presumption, With Difficulty, City of…

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First Thursday, October 2018

LRIS Podcast

Show Notes What do you think of the podcast? How do you listen? Help us make the podcast better by taking our short survey! This month’s cases: What Happens If You Can’t Agree Whether Bargaining Should Be In Public? Lincoln County, 2018 WL 4292910 (Wash. PERC 2018). Court Finds San Francisco Use Of Force Policy Not Negotiable, San Francisco Police Officers’ Association v. San Francisco Police Commission, 2018 WL…

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First Thursday, September 2018

LRIS Podcast

This month’s cases: FOP’s Attempt To Intervene In Consent Decree Case Untimely, State of Illinois v. City of Chicago, 2018 WL 3920816 (N.D. Ill. 2018). Citizen’s Initiative Cannot Be An End-Run Around The Bargaining Process, Boling v. PERB, 2018 WL 3654148 (Cal. 2018). Supreme Court Narrows Cell Phone Searches Even Further, Carpenter v. United States, 585 U.S. ____ (2018). No Violation Of Public Policy To Reinstate Officer Guilty Of…

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