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…
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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 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…
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