A monthly podcast from LRIS that provides in-depth coverage of trends in public sector labor relations.

LRIS First Thursday Podcast - Portland Snowstorm

First Thursday, March 2023

Portland survived Winter Apocalypse 2023! This month’s cases: Firefighter Entitled To Unemployment Benefits After Firing For Use Of Medical Marijuana, City of Waterbury, 216 Conn.App. 717 (2022). No Privacy Interest In On-Line Videos, Mason v. City of Waco, 2023 WL 1926984 (W.D. Tex. 2023).Behind The Blue Curtain Podcast Officer’s Facebook Lawsuit Survives Motion To Dismiss,…

Merry Christmas from LRIS.

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…

LRIS Podcast

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…

LRIS Podcast

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…

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…

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…

First Thursday, June 2022

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.…

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…

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…

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…

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,…

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…

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…

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…

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,…

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,…

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…

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,’…