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Interview With James Moore On Body Camera Decision Out Of OKC

Will interviews attorney James Moore of Oklahoma City about a major body camera arbitration decision. An arbitrator ruled that “the use of body-worn cameras constitutes an enormous change in the working conditions of police officers,” and held that the City could not unilaterally implement its body camera program. LISTEN UPDATE As my post on the negotiability of body-worn cameras demonstrates, life on the Internet can be simultaneously chancy and…

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First Thursday, June 2016

This month’s topics: New FLSA Exemption Rules Are Finally Announced The EEOC, The ADA, And Leave Incident Reports May Not (Or May) Be Protected By Garrity, United States v. Smith, 2016 WL 1719267 (11th Cir. 2016) Selling Shoes On E-Bay Not ‘Misconduct’ Disqualifying Trooper From Unemployment, Huff v. North Carolina Department of Commerce, 2016 WL 1335344 (N.C. App. 2016) Deeply Divided Illinois Supreme Court Overturns Rule Shielding Fire, Police,…

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First Thursday, May 2016

This month’s topics: Supreme Court Reinstates Officer’s Free Speech Lawsuit, Heffernan v. City of Paterson, New Jersey, 2016 WL 1627953 (U.S. 2016) Court Upholds Constitutionality Of California Factfinding Law, County of Riverside v. PERB, 2016 WL 1238737 (Cal. App. 2016); San Diego Housing Commission v. PERB, 2016 WL 1242539 (Cal. App. 2016) Step Increases After A Contract Expires, County of Atlantic, 2016 WL 931269 (N.J. Super. 2016) Question on…

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First Thursday, April 2016

Will discusses the impact of a divided Supreme Court’s Friedrichs decision upholding the constitutionality of “fair share,” and important decision on tattoo policy and impact bargaining out of Chicago, and more. Listen Friedrichs v. California Teachers Association Arbitrator Overturns Chicago PD’s Ban On Tattoos, Fraternal Order of Police, Chicago Lodge No. 7, No. 129-15-007 (Jacalyn Zimmerman, 2016) The FLSA, Comp Time, And Bargaining, Muttontown Police Benevolent Association, 49 PERB…

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First Thursday, March 2016

Listen Will tackles a question on physical fitness standards testing and HIPAA When Must An Employer Bargain Over The ‘Effects’ Of A Management Right? El Dorado County Deputy Sheriff’s Association, 2016 WL 542342 (Cal. App. 2016) Ex-fire chief sues over firing, www.dailyastorian.com/Local_News/20160125/ex-fire-chief-sues-over-firing Court Reverses Trooper’s Suspension For Failing To Take Action, New Jersey State Police, 2016 WL 674191 (N.J. App. 2016) What Is Reasonable Notice Of Disciplinary Charges? Ellins…

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First Thursday, February 2016

Will discusses three important news stories and three recent cases. LRIS would also like to introduce our Q&A hotline where podcast listeners can submit questions directly to Will. To leave a voice mail, call 503-836-5255. In addition to your question, please let Will know the state where you’re employed and whether you work in a collective bargaining environment. The Department of Labor’s new overtime rules. The latest on Friedichs…

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First Thursday, January 2016

In this month’s podcast, Will discusses the reasons why police and fire personnel have lower health care utilization than civilian employees. He also covers the following cases. Boston PD Rank-Ordered Promotions Held Discriminatory, Smith v. City of Boston, 2015 WL 7194554 (D. Mass. 2015) ‘Disrespectful Speech’ May Be Protected By Labor Laws, Borough of Carteret, 42 NJPER ¶ 66 (NJ PERC 2015) Court Rejects ‘Passive Inhalation’ Argument, Bennett v….

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First Thursday, December 2015

In this month’s podcast, Will discusses attacks on police union bargaining rights from both the left and right sides of the political spectrum and covers the following cases. City May Recoup Costs From Former Peace Officer For Peace Officer Standards And Training (“POST”) Certification, In re Acknowledgment Cases, 239 Cal.App.4th 1498 (2015) In Georgia, Deputy Sheriffs Can Be Fired For Political Reasons, Gonzalez v. Hasty, 802 F.3d 212 (2015)…

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First Thursday, November 2015

In this month’s First Thursday podcast, Will reviews an important Brady decision out of Texas and cases involving Weingarten, Garrity, police officer bill of rights, presumptive causation and protected speech. Major Brady Case From Texas, Brown v. Nero, 2015 WL 5666172 (Tex. App. 2015) Questioning About Use Of Force Incident Triggers Weingarten Rights, New York State Correctional Officers, 48 PERB ¶ 4546 (NY PERB ALJ 2015) How The Two-Part…

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What Is A “Personnel File” Under The California Firefighters Bill Of Rights?

In this podcast, Will interviews California management attorney Barbara Raileanu about a case involving whether a supervisor’s log can be considered a “personnel file” under the California Firefighter Procedural Bill of Rights. Download podcast Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Subscribe to Labor Relations Information System » Podcasts by Email

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First Thursday, October 2015

Topics discussed in this month’s podcast include: The Negotiability Of A Disciplinary Matrix, Middletown Borough Police Officers Association, 47 PPER ¶ 30 (Penn. LRB 2015) Acquittal In Criminal Case Does Not Mean Firefighter Could Not Be Fired, City of Seattle, (Lankford 2015) Deputy Sheriff Can Be Fired For Conduct While On Unpaid Leave, Negron v. Los Angeles County Civil Service Commission, 2015 WL 5146622 (Cal. App. 2015) Court Rejects…

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First Thursday, September 2015

Topics discussed in this month’s podcast include: Review of the Department of Labor’s rule changes concerning who is exempt from overtime under the FLSA A Cleveland firefighter was ordered to pay $2,500 for personal calls on city phone San Jose mayor changes position on police officers paying training costs Daily log is not a “personnel file” for purposes of firefighter bill of rights, Poole v. Orange County Fire Authority,…

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Interview With Steve Bukaty On Brady And Giglio

Will interviews Kansas attorney Steve Bukaty an important case dealing with Brady and Giglio in the town of Hutchinson and a Brady/Giglio policy in the Wichita Police Department. Download podcast Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email The post Interview With Steve Bukaty On Brady And Giglio appeared first on Labor Relations Information System.

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First Thursday, August 2015

Topics discussed in this month’s podcast include: The ‘Firefighter’s Rule’ Marches On, Nagy v. Arsenault, 2015 WL 3685212 (Conn. Super. 2015) Payroll System Failures No Defense To FLSA Violation, Souryavongv. Lackawanna County, 2015 WL 3409472 (M.D. Pa. 2015) Administrative Leave Can Last Too Long, City of Waltham v. Waltham Police Patrol Officers’ Union, 2015 WL 3755905 (Mass. App. 2015) Union Entitled To Copy Of Complaint Against Member, Foothill De…

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First Thursday, July 2015

Topics discussed in this month’s podcast include: Supreme Court To Hear Case Threatening Public Employee Unions, Friedrichs v. California Teachers Association No Right For Non-Members To Vote On Contract, AFSCME Council 25 v. Yunkman, 2015 WL 3505668 (Mich. App. 2015) The Department of Labor Issues Draft FLSA Exemptions Regulation Health Care Cashback, Merit Pay Must Be Included In FLSA Overtime Rate, Callahan v. City of Sanger, 2015 WL 2455419…

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First Thursday, June 2015

Cases discussed in this month’s podcast include: Illinois Supreme Court Strikes Down Pension Reform Legislation, In re Pension Reform Litigation, 2015 IL 118585 (Ill. 2015) San Bernardino Allowed To Cancel Contract With Firefighters’ Union, May Privatize Department, In re City of San Bernardino, California, 2015 WL 2153448 (C.D. Cal. 2015) Sheriff Ordered To Sign Collective Bargaining Agreement, Sheriff of Lee County, Order No. 15U-098 (Fla. PERC 2015) Political Patronage…

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The Brady Rule

Will covers the explosion of Brady list cases in recent years. DOWNLOAD THE BRADY CHAPTER FROM THE NEW EDITION OF THE RIGHTS OF LAW ENFORCEMENT OFFICERS

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First Thursday, May 2015

Cases discussed in this month’s podcast include: The negotiability of workplace cameras, IAFF, Local 3315 v. Snohomish Fire District 3, 2015 WL 1013220 (Wash. PERC 2015) Arbitrator’s reinstatement of officer in excess force case does not violate public policy, City of Bloomington v. Policemen’s Benevolent and Protective Association, 2015 IL App (4th) 140192-U (Ill. App. 2015) Union can assume city’s negotiators have authority, City of Springfield, 31 PERI ¶…

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First Thursday, April 2015

This month’s podcast features an overview of the anti-public safety collective bargaining legislation making its way in various state houses across the country and an important new genetic information discrimination case involving a firefighter. Cases discussed: Firefighter Wins Age Discrimination, GINA Claims, Lee v. City of Moraine Fire Department, 2015 WL 914440 (S.D. Ohio 2015) Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law, Kennedy v. Gray,…

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First Thursday, March 2015

In this month’s podcast, Will discusses another public safety employee losing her job because of Facebook, two FLSA cases, an important firefighter staffing opinion and a new Weingarten case out of California Here are the case citations: Sergeant Loses Job Over Facebook ‘Rant’, Graziosi v. City of Greenville, Mississippi, 2015 WL 148998 (Fifth Cir. 2015) ‘Pure Gap Time’ Is Not Compensable Under The FLSA, Whenry v. Board of Commissioners,…

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State Public Records Law And Performance Evaluations

Will interviews Minnesota management-side labor attorney Greg Wiley on a most unusual case from the Minnesota Supreme Court. The court unanimously decided that a portion of Minnesota’s public records law allows employees the right to a hearing to challenge some aspects of performance evaluations. The case involved Todd Schwanke, an employee of the Steele County Sheriff’s Office who was dissatisfied with his 2011 performance evaluation.

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First Thursday, February 2015

In this month’s podcast, Will talks about the influence of American Legislative Exchange Council and various anti-public safety union bills it has created that are working their way through state legislatures across the nation. He also covers the following cases: Heart-lung presumption does not require proof that disease caused condition, Di Luzio v. City of Santa Fe, 2015 WL 178396 (N.M. App. 2015) Retroactive application of California’s new pension…

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Interview With Tim Yeung On California PERB’s Decision On “No-Contact” Orders

Will Interviews management-side attorney Tim Yeung of the law firm Renne Sloan Holtzman Sakai on a recent decision from the California Public Employment Relations Board to prohibit blanket confidentiality clauses during investigations. Tim writes California PERB Blog, which is an invaluable resource resource that we highly recommend you check out.

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