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…
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…
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…
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,…
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…
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…
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….
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,…
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…
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…
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…
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…
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…
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
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…
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…
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…
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…
Ten question to ask in the wake of the Janus decision. Wyoming Law Requires That Volunteers Be Included In Firefighter Bargaining Unit, IAFF, Local 5058 v. Gillette/Wright/Campbell County Fire Protection Joint Powers Board, 2018 WL 3322899 (Wyo. 2018). Prosecutor ‘Absolutely Immune’ For Suit Alleging Brady-List Type Retaliation, Savage v. State of Maryland, 2018 WL 3398220 (4th Cir. 2018). ‘Repayment Of Training Costs’ Contract Not Enforceable, Borough of Madison v….
Show Notes The big news this month is, of course, the Supreme Court’s Janus decision. Will discusses the court’s reasoning behind the decision, its immediate effects, and how public safety unions should deal with it. Will also reviews the following court decisions: No Duty Of Fair Rep In Criminal Cases, Cooke v. Palm Beach County PBA, 44 FPER ¶ 313 (Fla. PERC Gen. Counsel 2018) Corrections Officers Lose Due…
Will discusses the implications of the Supreme Court’s Janus decision. https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf DOWNLOAD
This month’s cases include: Refusal To Change Report Not Protected Speech, Davis v. City of Chicago, 2018 WL 2107586 (7th Cir. 2018) ‘Site Visits” To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters, IAFF Local 1401 v. City of Santa Rosa, 42 PERC ¶ 119 (Cal. PERB 2018) No Weingarten Rights At Quality Control Meeting, Rijos v. Orange County, 44 FPER ¶ 302 (Fla. PERC Gen. Coun. 2018)…
Will covers a significant new Brady decision out of Vermont (Hubacz v. Village of Waterbury, 2018 WL 1660050 (Vt. 2018)) as well as the following cases: ‘Site Visits’ To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters v. City of Santa Rosa (Case citation coming soon) Firefighter’s Rule Lives On In Washington, Loiland v. State of Washington, 407 P.3d 377 (Wash. App. 2017) Officer Wins Bill Of Rights…
In this month’s podcast, Will discusses the following cases: The Requirements Of The Duty Of Fair Representation, City of Bridgeport, 2018 WL 1151187 (Ct. Dept. Lab. 2018). Hearsay Alone Cannot Justify Disciplinary Decision, In re Corbo, 2018 WL 1095480 (N.J. App. 2018). Court Upholds Arbitrator’s Opinion Imposing ‘Reasonable Doubt’ Burden Of Proof, East Dundee and Countryside FPD v. IAFF, Local 4684, 2017 WL 7510741 (Ill. App. 2017). ‘Principle Purpose’…
Will talks about developments with the Cadillac Tax on high-cost health insurance plans and other ways congressional action is affecting public safety labor issues. He also addresses a question about whether mandatory homework during training is compensable under the FLSA, and discusses the following cases: Court Finds Fitness-For-Duty Evaluations Violate The ADA, Port Authority Police Benevolent Association, Inc. v. Port Authority of New York and New Jersey, 2017 WL…
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