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 interviews Oklahoma attorney Scott Wood. Mr. Wood represented Tulsa police officer Betty Shelby when she was charged with two counts of manslaughter after her shooting of an unarmed civilian drew national media attention. The details of the incident are covered as well as the far-reaching implications of this case for officers involved in critical incidents and the attorneys who represent them. LISTEN
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…
This month’s cases include: Officer Cell Phone Search Case Heading To Trial, Port Authority PBA v. Port Authority of New York and New Jersey, 2017 WL 4403310 (S.D.N.Y. 2017). Fire Captain Loses Beach Volleyball Case, DeCohen v. County of Los Angeles, 2018 WL 316864 (Cal. App. 2018). Change In Insurance Carrier Not Negotiable Without Substantial Changes In Benefits, City of Hartford and Hartford Police Union, 2017 WL 6813591 (CT.Dept.Lab….
The effects of the Tax Cut and Reform Bill. Minimum Staffing For Police Not Negotiable In Illinois, Village of Maywood, 34 PERI ¶ 77 (Ill. LRB Gen. Counsel 2017). Taser Exposure Not Essential To Job Of Detective, Lewis v. City of Union City, 2017 WL 6397619 (11th Cir. 2017). ‘Ominous Context’ Of Interview Triggers Weingarten Rights, New York State Correctional Officers, 50 PERB ¶3037 (NY PERB 2017). Michigan’s Enhanced…
This month’s First Thursday podcast is a week late because the podcast producer dropped the ball (sorry). We’re offering a prize to the first listener who can identify the classic television show theme music Will uses as his ring tone. This month’s podcast includes: What the new tax bill means for public safety agencies and labor organizations. Employer Must Negotiate With Union Before Recouping Overpayments, Teamsters Local 839 v….
Will interviews Bureau of Labor Statistics economist Steve Reed on recent revisions to the Consumer Price Index local and regional indices and their possible impacts on collective bargaining agreements. LISTEN
Will talks about the rising police wages in several large California cities and the following cases: Threats Made By Family Of Suspect Shot By Officer Do Not Amount To ‘Extraordinary Stress,’ Burt-Redding v. Town of Grand Chute, 2017 WL 3037553 (Wis. App. 2017) Lieutenant’s Speech, Not Membership In Group, Costs Him Job, Doggrell v. City of Anniston, 2017 WL 4340449 (N.D. Ala. 2017) Employer Must Bargain Before Changing Past…
Will interviews Kelley School of Business Professor Cristiano Guarana about his research on effects of sleep deprivation in the work environment and its implications on public safety employees. LISTEN
Will discusses the Supreme Court’s decision to hear a fair share case, what the ruling will likely be and how it will effect public safety employee unions. He also covers the Bureau of Labor Statistics new geographic area sample for the Consumer Price Index (CPI) and what it means when negotiating a new contract. (See https://www.bls.gov/opub/mlr/2016/article/the-2018-revision-of-the-CPI-geographic-sample.htm and https://www.bls.gov/cpi/geographic-revision-2018.htm.) The following cases are also covered: Arbitrator Criticizes City’s Reliance On…
In this month’s podcast, Will discusses the the potential impact of the nominee to head Department of Labor’s Wage and Hour Division. He also talks about public perception of police misconduct and the role law enforcement organizations must play in the conversation. This month’s cases are: Highway Patrol’s Overbroad Policies Violate Free Speech Rights, Moonin v. Tice, 2017 WL 3598083 (9th Cir. 2017) Change In Firearm ‘Loaner’ Police Negotiable,…
Will interviews management attorney Jon Dileno, who represented the City of Cleveland in an arbitration hearing dealing with a deadly police chase that involved dozens of Cleveland police officers. Will and Jon discuss the details of this case, how the arbitrator reached his decision and what the impact has been. LISTEN Arbitrator’s Award
This month cases: Brady And The Privacy Of Personnel Records, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2017 WL 2962901 (Cal. App. 2017) Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made, Morgado v. City and County of San Francisco, 2017 WL 2791413 (Cal. App. 2017) No Expectation Of Privacy During Raid Of Marijuana Dispensary, Santa Ana Police Officers Association v. City of Santa Ana,…
Will interviews attorney Robert Buschel about his case dealing with a Florida civilian review board’s authority to subpoena police officers. The case is D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017). Mr. Buschel is also the author of the novel By Silent Majority. LISTEN
In this month’s podcast: Deputies Terminated For ‘Spouse-Swapping,’ Coker v. Whittington, 2017 WL 2240300 (5th Cir. 2017) ‘Last Chance’ Agreements Under Civil Service Rules, Whitwer v. Civil Service Commission, 2017 WL 2491646 (Iowa 2017) Florida Civilian Review Board Lacks Authority To Subpoena Officers, D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017) Longevity/Performance Pay Need Not Be Included In California Retirement Calculations, DiCarlo v. County of Monterey, 2017…
In this month’s podcast: What Impact Will The AHCA Have On Public Safety Bargaining? Firefighters, Staffing, And Bargaining, City of Everett, 2017 WL 1423520 (Wash. PERC 2017) Divided Kansas Court Extends ‘Firefighter’s Rule’ To Police, Apodaca v. Willmore, 392 P.3d 529 (Kan. 2017) No First Amendment Protection For Safety Complaint Made Through Chain Of Command, Santiago v. New York & New Jersey Port Authority, 2017 WL 1437196 (3rd Cir….
Will discusses the recent passage in the House of Representative of a bill legalizing comp time in the private sector. He also covers the following cases: The Fact Witness Cannot Also Conduct Internal Affairs Investigation, City of Oakland, 137 LA 82 (Riggs 2016) Firefighter Shift Staffing Levels Negotiable, City of Allentown v. IAFF, Local 302, 2017 WL 1151104 (Penn. 2017) Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’,…
This month’s cases: Curious Court Decision Overturning Arbitrator’s Opinion, Forest Preserve District of Cook County v. Illinois Fraternal Order of Police Labor Council, 33 PERI ¶ 91 (lll. App. 2017); Use Of Private Cell Phone Can Create Public Record, City of San Jose v. Superior Court, 2017 WL 818506 (Cal. 2017); Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322…
Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017). ‘Last-Chance’ Agreement Means What It Says, Village of Fox Lake, FMCS 16-00391-1 (Jay Grenig 2016). Transfer Of Ambulance Services To Contractor Is Negotiable, Lockport Professional Firefighters, 49 PERB ¶ 4578 (NY PERB ALJ 2016). LISTEN
The cases covered in this month’s podcast are: Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017) Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016) Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016) LISTEN
Will interviews Alex Seitz-Wald of NBC News about his report How Firefighters Help Explain the Outcome of 2016 Election. LISTEN
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