The Remedy In Subcontracting Cases

The usual labor relations definition of “subcontracting” is the assignment of bargaining unit work to non-bargaining unit personnel. In states with collective bargaining, subcontracting is usually thought to be a mandatory subject of bargaining, with employers required to bargain over subcontracting before engaging in it. The Boston Police Superior Officers Federation represents supervisory sworn employees in the Boston Police Department. From 1994 to 2002, the City assigned members of…

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Employee Need Not Say ‘FMLA’ In Order To Request FMLA-Qualifying Leave

Yasin Reeder was employed as a police officer for the Wayne County, Michigan Sheriff’s Office, and worked in the jail. In 2013, Reeder began to experience anxiety and depression that interfered with his ability to work. He attributed the anxiety primarily to the discovery of his brother’s body in the Detroit River after he’d been missing for several months, and to his father’s terminal cancer diagnosis. Reeder began to…

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LAPD Officers Lose $4 Million Discrimination Judgment On Appeal

George Diego and Allan Corrales are Hispanic police officers working for the Los Angeles Police Department. Diego and Corrales were involved in a fatal shooting in March 2010. In that incident, they fired at a person they believed was threatening them with a gun, but who turned out to be a young, unarmed African-American man who was later described by his family as autistic. The shot fired by Corrales…

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Major Fire Department Staffing Decision From Washington’s Labor Commission

The usual rule of thumb is that firefighter staffing per apparatus – e.g., the number of firefighters per engine – is a mandatory subject for collective bargaining. However, most labor boards conclude that the number of firefighters per shift, or per service population, are not mandatorily negotiable issues. Washington’s Public Employment Relations Commission (PERC) recently issued a lengthy opinion concluding that if the evidence is sufficient, staffing per shift…

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Emergency Manager Can Alter Retiree Medical Benefits

Michigan is one of a few states with an “Emergency Financial Manager” law. Under the law, known as the Local Financial Stability and Choice Act, when the finances of a Michigan municipality or public school system are in jeopardy, the governor has the ability to appoint an emergency manager. A Michigan emergency manager has sweeping authority, and assumes many of the powers historically thought reserved for city councils, mayors,…

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Bargaining Law Prevails Over Local Residency Requirement

Rank-and-file Pittsburgh police officers are represented by Lodge 1 of the Fraternal Order of Police (FOP). A provision in Lodge 1’s contract with the City provided that if the Pennsylvania State Legislature enacted legislation related to residency for “police officers in cities of the second class” (which includes Pittsburgh), the parties could reopen the contract to bargain over residency. The reopener clause included the right to seek binding arbitration…

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