Q & A

From Florida Question: I’ve often heard from my union’s legal defense plan that we cannot go to arbitration for a written reprimand because the grievant has no “property loss” and that the arbitrator can’t rescind the written reprimand. Often our members feel like this is an excuse by the legal defense plan because the LDP doesn’t want to spend the money on the arbitration. While a written reprimand doesn’t…

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No-Confidence Votes A Risky Proposition In Non-Union States

Under the rule in Garcetti v. Ceballos, 547 U.S. 410 (2006), the First Amendment only protects the speech of public employees if they “speak as a citizen on a matter of public concern.” In a union environment, there is little question but that a no-confidence vote on the performance of a chief is protected speech, and is a matter of public concern. However, a very different result can be…

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Complaint About Chief’s Affairs Not Protected Speech

As a recent New Jersey case shows, the Garcetti rule marches on and is alive and well. In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Supreme Court held that if a public employee engages in speech (e.g., writes or says something) as part of the job, the First Amendment gives the employee no protection, and the employer is free to retaliate against the employee even if the speech…

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