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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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First Thursday, January 2015

It’s the first First Thursday podcast of the new year, albeit a little late due to the holidays. Here’s what in this month’s First Thursday podcast: Supreme Court Rejects Worker Pay For Security-Screening Time, Staffing Solutions, Inc v. Jesse Busk and Laurie Castro, U.S. Supreme Court, No. 13-433 No Hearing Required Under Bill Of Rights For Transfer Without Economic Harm, Los Angeles Police Protective League v. City of Los…

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First Thursday, December 2014

Covered in this month’s podcast: The implications of a very important shift work study Are personal Cell phone records public documents Social media policy and discipline Wall Street Journal Article on using arbitration in police discipline Boston PD hair tests ruled invalid, Read decision Florida Court finds that mediation should be open to public, Brown v. Denton, 2014 WL 5333480 (Fla. App. 2014) Union misses deadline,…

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First Thursday, November 2014

Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. Featured in this month’s podcast: A review of contract negotiations with the nation’s three largest cities – New York, Los Angeles and Chicago. Massachusetts to pay $2.1 million to settle state trooper overtime suit No…

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