Fire Union Not Liable For President’s Assault On Member

Scott Bergantino is a lieutenant with the Cranston Fire Department in Rhode Island. Paul Valletta is a deputy chief in the Department and as well is the president of the Cranston Firefighters Union, Local 1363. The two men have little use for each other. In 2017, Bergantino and Valletta argued over whether Bergantino’s Station Six crew should participate in the “Fill the Boot” fundraiser for the Muscular Dystrophy Association…

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Union Lawyer Not Liable To Member For Malpractice Claim

Russell Zander was a police officer with the Village of Fox Lake, Illinois. When the Village’s police chief filed formal charges recommending Zander’s termination, Zander’s labor organization, the FOP, assigned Roy Carlson to represent him. Carlson is a licensed attorney and FOP employee who represents members in grievance and termination proceedings. Zander did not pay Carlson, other than indirectly through his union dues, and the two did not sign…

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Q & A

From OklahomaQuestion: I work for a municipal law enforcement agency in Oklahoma. Nothing in the FLSA relieves employers from their contractual obligations under a collective bargaining agreement. My employer has a practice that conflicts with what is agreed to in the CBA. There is a group of officers in the department that hold upper positions. These officers do not receive overtime. They work nine hours each day and only…

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Pennsylvania Sorts Out Cancer Presumption, With Difficulty

In a decision that badly fractured its members, the Pennsylvania Supreme Court has sorted out questions dealing with workers’ compensation claims by firefighters suffering from cancer. The case involved Philadelphia firefighter Scott Sladek. Prior to his service as a firefighter, Sladek had not been treated for cancer and he passed a physical examination confirming he was cancer-free and in overall good health. Sladek earned a number of promotions over…

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Firefighters’ Immunity From Driving Liability Does Not Violate Constitution

On May 19, 2007, two fire trucks from the city of Waterbury, Connecticut were among other fire rescue vehicles responding to a report of a kitchen fire on Eastern Avenue in Waterbury. Joseph Fischetti operated Engine 12 while John Keane rode in the front passenger seat. William Mahoney operated Truck 1. As the two trucks approached the intersection of East Aurora Street and the Route 73 connector to Route…

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Supreme Court Holds That Company May Be Liable For The Discriminatory Motives Of Non-Decision Makers

On March 1, 2011, the U.S. Supreme Court held that an employer may be liable for the discriminatory motives of a supervisor who influences but does not make the ultimate employment decision. The Court’s ruling will impact employment discrimination claims where multiple individuals are claimed to have made, caused, or influenced the ultimate employment decision. The Cat’s Paw Theory Of Liability In employment discrimination claims, plaintiffs must establish that…

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