Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract

While its collective bargaining agreement was in effect, the Multnomah County Corrections Deputy Association demanded to bargain over “mandatory safety issues.” When the County refused to negotiate, the Association filed an unfair labor practice complaint contending a breach of the obligation to bargain in good faith. The County took the position that it had no duty to engage in midterm bargaining where it had not proposed or made any…

Read More

Deputy Sheriffs As Political Appointees, With No Job Rights

It may surprise to learn that in some parts of the country, deputy sheriffs are treated as political appointees who can be hired or fired at the discretion of the sheriff. Many federal courts forbid the practice, but as a group of deputy sheriffs for the Christian County Sheriff’s Office learned, the federal Eighth Circuit Court of Appeals approves of patronage firings. John Burns, Tyler Clark, Michael Denton, Joseph Gallant, Keith Mills, Michael Wells, and Gary…

Read More

Temporary Loss Of Awareness Due To PTSD Not Covered By ADA

Michael Holliday served eight years in the Marine Corps and was honorably discharged in 2003. He served one combat tour in Iraq and Kuwait in 2003. Holliday was diagnosed with PTSD in the summer of 2017. On December 16, 2017, while employed by the Orleans Parish Sheriff’s Office (OPSO) in Louisiana as a Lieutenant, Holliday’s neighbor Nihaya Mansour – who had heard noises in her backyard at 10:46 P.M. – observed Holliday clad only in his underwear and…

Read More

‘Do Not Call’ List Subject To Public Disclosure

On December 3, 2019, Marilyn Mosby, the State Attorney for Baltimore, publicly informed members of the State Commission to Restore Trust in Policing that her office maintained a list of 305 officers with what she described as “credibility issues.” Mosby believed that these officers had, in some way, compromised their credibility such that Mosby determined the officers’ status “put them in jeopardy from testifying.” The existence of this “do…

Read More

Failure To Include Video, Photos In Record Results In Termination Being Upheld

Sheila Kalina was a deputy sheriff for Cook County, Illinois. The Sheriff charged Kalina and three other deputy sheriffs with various infractions of departmental rules arising out of an incident where two male prisoners sexually assaulted a female prisoner. Kalina, who was working in the Markham courthouse, was charged with improperly allowing the male prisoners to enter a restroom being used by the female prisoner, falsifying a Prisoner Safety…

Read More

Court Turns Down Vaccination Challenge From LAPD Officers

A group of 13 Los Angeles Police Department employees sued the City in federal court, contending the City’s COVID-19 vaccine mandate violated their federal and state civil rights. The employees sought a preliminary injunction holding the mandate in abeyance pending completion of the litigation. The City responded by filing a motion to dismiss the entire lawsuit. A federal court trial judge agreed with the City and dismissed the lawsuit. The employees’ primary argument was that the mandate violated the…

Read More

Effects Of Mandatory Psychological Exam Negotiable

In 2016, the police chief of the City of Newton, Massachusetts noted that a captain (unnamed in the Court’s opinion) had recently taken an unusually high number of personal days following recent deaths in his family and a personal injury not related to his work. Th­e Chief believed that the Captain “seemed to be a different person than he had been.” Th­e Chief ordered the Captain to undergo physical…

Read More

LAPD Officers Lose Job Pokémon Go

A case involving the termination of two Los Angeles Police Department officers contains one of the more unusual fact patterns in any reported police discipline case. Louis Lozano and Eric Mitchell were working as partners on Saturday, April 15, 2017, assigned to a foot patrol beat. Their primary responsibilities included providing community services and addressing “quality of life” issues in the Crenshaw Corridor and Leimert Park area. Sergeant Jose…

Read More

Arbitrator Upholds Lieutenant’s Termination For January 6 Charges

Roxanne Mathai was a lieutenant with the Bexar County Sheriff’s Office in Texas. Mathai maintained a Facebook page that had photos of her in her Sheriff’s Office uniform. On January 7, 2021, the Sheriff’s Office learned from Mathai’s Facebook page that she had participated in the events at the Capitol on January 6. Mathai posted pictures and videos of rioters climbing the walls of the Capitol building. When the…

Read More

Trooper Should Have Known Falsifying Report Violated Rules

Megan Habina was a trooper with the New Jersey Division of State Police. Sometime in late 2016, while on duty, Habina lost the alcohol influence report necessary to complete the paperwork for a drunk driving arrest. She consulted with Trooper Casey McPartlin, who suggested she contact the Alcohol and Drug Testing Unit to retrieve a copy. Instead, Habina used an unrelated report to create a replacement and signed McPartlin’s…

Read More

‘Shy Bladder’ Lead s To Firefighter’s Reinstatement

Roy Neely worked as a firefighter for the New Orleans Fire Department. On September 1, 2020, Neely struck an overhead door as he was driving a rescue unit vehicle out of Fire Station 7. Neely’s District Chief ordered a post-ac­cident substance abuse test. The test was administered by Jeffrey Mendler, the owner of Toxicology and Drug Analysis Laboratory (TDAL), which contracts with the City of New Orleans to provide…

Read More

Contract Waives Union’s Right To Bargain Over Shift Change

AFSCME Local 4041 represents the corrections officers employed by the State of Nevada’s Warm Springs Correctional Center. For several years, officers worked a mixed schedule of eight-hour and twelve-hour shifts. In December 2020, the State changed all employees to work eight-hour shifts. Local 4041 filed an unfair labor practice complaint with Nevada’s labor board. Local 4041 alleged that the State violated its bargaining obligation by changing the shift length…

Read More

Firefighter’s Residency Violation ‘Misconduct,’ Forfeiting Unemployment Comp

John Cannici was a firefighter with the Village of Melrose Park, Illinois, which has a requirement that firefight­ers live in the Village. In 2008, Cannici purchased a house in Orland Park. His wife and their children lived in the Orland Park house while Cannici lived in the Village house. In June 2013, Cannici rented the Village house to tenants and lived with his family in the Orland Park house….

Read More

Continued Confusion Over Bargaining In Public

The Washington State Council of County and City Employees represents a number of employees of Spokane County. In 2018, the County’s com­missioners passed a resolution that all collective bargaining contract negoti­ations be conducted publicly and in real time, either in person or by video. When the Council began bargain­ing with the County for new contracts in 2019, a dispute quickly arose over whether the bargaining sessions would be open…

Read More

Court Rejects Challenge To Arbitrator’s Opinion In Excessive Force Case

On October 21, 2017, Michael Sta­nitis, a police officer for the Bridgeport Police Department in Connecticut, re­sponded to an incident in which he and other police officers arrested Carmelo Mendez. On October 22, 2020, the Bridgeport Board of Police Commis­sioners terminated Stanitis’ employment upon finding that he used excessive force during Mendez’s arrest, and that he was dishonest in an investigation into his con­duct during the arrest. After Stanitis…

Read More

No Reasonable Expectation Of Privacy In Cell Phone Backups On Work Computer

Jennifer Smith was a police officer for the City of Pelham, Alabama. When the police chief became concerned that Smith was excessively using sick time and time off, particularly on Fridays and Mondays, he asked a detective to con­duct a forensic analysis of Smith’s work computer. The City has a Computer/Email & Internet Use Policy (Computer Use Policy) governing employees’ use of their work computers. The Computer Use Policy…

Read More

City Too Late To Raise Vertigo Defense To Officer’s Comp Claim

Chase Montgomery, a Baltimore City police officer, filed a claim with the Workers’ Compensation Commission seeking compensation for an injury he sustained when he stepped out of his patrol vehicle, lost his balance, and hit his head on the vehicle. In its response to the claim, the City did not contest that Offi­cer Montgomery’s injury had arisen out of and in the course of his employment. The Commission issued…

Read More

‘No-Holds-Barred Meeting’ Leads To PTSD Claim

Allison Shuff is a police officer for the City of Harrisburg, Pennsylvania. On January 6, 2016, Shuff filed a workers’ compensation claim alleging that she suffered an injury in the form of depression and PTSD based on two incidents that occurred in the course and scope of her employment. Both incidents involved Shuff’s fail­ure to use a taser on alleged perpetrators. Following the second incident, a meeting was held…

Read More

Immunity Bars Officer’s Suit For Canine Bite

Juan Mata is a police officer with the City of Bangor, Michigan. Mata was injured when the police K-9 working with a Van Buren County deputy sheriff injured him during the arrest of a flee­ing subject. Mata and his wife sued the County and the deputy sheriff, alleging that the County was liable as the owner of the dog and that the deputy was liable because of his gross…

Read More

Pension Benefits Not Offset By Workers’ Comp Attorney Fees

Heather Bass was a Kansas City, Missouri police officer who sustained a duty-related injury in January 2008. Because of the injury, she was retired by the Department and became eligi­ble to receive duty-related disability pension benefits from the City’s Police Retirement System. Bass also filed a worker’s compen­sation claim and hired an attorney to represent her on that claim. She engaged her attorney on a contingency fee basis. As…

Read More

Massachusetts Courts Deny Injunctions In Vaccination Cases

The State Police Association of Massachusetts is the exclusive bargaining unit for the approximately 1,800 members of the Department of State Police. On Au­gust 19, 2021, Massachusetts’ governor issued an executive order requiring that all employees of the executive branch prove that they had received full COVID-19 vaccination by October 17, 2021 and mandating full vaccination going forward. The Order also requires that the policy provide for progressive discipline,…

Read More

School Did Not Improperly Bar Officer From School Grounds

Robert Morrison was employed by the Hartford, Connecticut School Board as a special police officer. Morrison was also the president of the Hartford Federation of Special School Police Officers, Local 1018D, AFT CT, AFT, AFL-CIO (the Union). On February 28, 2020, the School Board placed Morrison on paid administrative leave pending the outcome of an investigation into charges that Morrison failed to adequately review the video recording of an…

Read More

Firefighter’s Bladder Cancer Presumed To Be Caused By Job

Stephen Bradley was a firefighter with the City of Olympia, Washington. As a firefighter, Bradley was exposed to diesel exhaust during various firefighting activities. He also was exposed to mild to moderate smoke, fumes, and toxins as well as the exhaust from the fire equipment and emergency vehicles while responding to fire suppression-related calls. After fire suppression activities, Bradley would have soot on his wrists and around his neck….

Read More

Due Process And The Brady Rule

The Fraternal Order of Police Lodge 5 represents rank-and-file Philadelphia police employees. In March 2017 Philadelphia District Attorney, Seth Williams created a Police Misconduct Review Committee to identify Philadelphia police officers whose testimony should be avoided in criminal cases. As a result of the investigation, 66 officers who were accused of committing serious misconduct were placed on a “Do Not Call List,” which was made available to prosecutors who…

Read More

DFR Claims Can Have Quick Time Limits

As a New York corrections officer learned, claims that a union breached its duty of fair representation can have a very short statute of limitations. Elizabeth Case worked for the Shawangunk Correctional Facility. On March 24, 2019, while on duty, Case contacted Steven Marasco, her representative for the New York State Corrections Officers Police Benevolent Association (PBA), and disclosed to him that on March 19, 2019, she had provided…

Read More

PHP Code Snippets Powered By : XYZScripts.com

Powered by WishList Member - Membership Software