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31-Year Dispatcher Loses Right To Recall From Layoff

Alan Clukey was a police dispatcher with the Town of Camden, Maine for 31 years. In 2007, the Town moved its police department’s dispatch operations to the Knox County Sheriff ’s Department. As a result, Camden laid off its three police dispatchers, including Clukey. Four years later, Clukey sued the Town, claiming the Town deprived him of his procedural due process rights because it violated the recall provision in…

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Firefighter Layoffs Deemed Not Arbitrable

When the City of Reno, Nevada lost federal grant money in 2014, the City announced it was laying off 32 firefighters whose jobs were funded by the grants. Local 731 of the International Association of Fire Fighters, which represents the City’s rank-and-file firefighters, filed a grievance challenging the layoffs. The essence of Local 731’s grievance was that the City had sufficient discretionary funds to keep all firefighters employed. Local…

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Arbitrator’s Layoff Decision Upheld

In August 2009, the City of Lawrence, Massachusetts laid off a number of employees, including Michael Delaney, who had been employed as a dispatcher at the Fire Department since November of 2005. At the time of the layoff, Delaney was not the least senior employee in the Department; there was another non-uniformed employee, a mechanic, who had less seniority than Delaney. The Fire Chief believed that the layoff of…

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Contract Creates Property Right In Recall From Layoff

Alan Clukey was a police dispatcher with the Town of Camden, Maine Police Department for 31 years until the Department was eliminated in 2007 and he was laid off. At the time of his layoff, Clukey was the most senior employee in his department. The terms of Clukey’s employment with the Town were governed by a contract between the Town and the Fraternal Order of Police. One clause in…

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Detroit Not Allowed To Lay Off Firefighters

The Detroit Fire Fighters Association and the City of Detroit are parties to a collective bargaining agreement that expired on June 30, 2001. The City and the Association are currently in the interest arbitration process to determine the terms of the successor agreement. Responding to one of a series of budget crises, on July 1, 2004, the City compelled layoffs of some firefighters and announced restructuring of the Fire…

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In Split Decision, New York Court Holds That Clause Prohibiting ‘Layoffs’ Does Not Prohibit Employer From Abolishing Firefighter Positions And Laying Off Employees

In a 4-3 decision, New York’s highest court, the Court of Appeals, has held that a “no-layoff” clause in a collective bargaining agreement was not specific enough to be enforced. The clause appeared in the collective bargaining agreement between the Village of Johnson City and the Johnson City Professional Fire Fighters, Local 921. The clause read: “The Village shall not lay off any member of the bargaining unit during…

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Ohio Firefighter Layoffs Must Be by Time in Grade, Not Departmental Seniority

An Ohio statute governs the order of layoff in any police or fire department. Under the statute, “when a position above the rank of patrolman in the Police Department and above the rank of regular firemen in the Fire Department is abolished, and the incumbent has been permanently appointed, he shall be demoted to the next lower rank and the youngest officer in point of service in the next…

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