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‘Do Not Apply’ Alert Is Protected Union Speech

In March 2016, then-interim Santa Maria, California Fire Chief Scott Kenley first raised the possibility with the Santa Maria Firefighters Association (SMFA) of running an open recruitment for the position of captain, which would allow people who were not already employees of the fire department to apply for the position. Kenley cited low interest and few applications among internal candidates as the reasons for the idea. The fire department…

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A Captain, A Polygrapher, Women, Bikers, And Protected Speech

On December 31, 2013, Paul Carey retired from the Maryland Natural Resources Police (MNRP) after 26 years of service. He began working for Maryland’s Department of Natural Resources (DNR) in August 2015. On May 25, 2017, three months before Carey’s contract expired, the Department abruptly fired him without giving him a reason for his termination. Carey sued, alleging that he was fired from DNR in retaliation for two posts…

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Complaint About Fire Chief’s Nazi Behavior Given Mixed Protection

James Dumas is a firefighter at St. Tammany Parish Fire District No. 3 in Louisiana, and is the vice-president of the firefighters’ union. In May 2016, the Union submitted a letter to the District’s Civil Service Board expressing a “vote of no confidence” in Fire Chief Patrick Sicard. The letter alleged that Sicard violated several provisions of civil service law, including failing to perform the duties of his position…

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‘Disrespectful Speech’ May Be Protected By Labor Laws

The Borough of Carteret, New Jersey and Local 47 of the Police Benevolent Association are parties to a collective bargaining agreement. Salvatore Renda is the president of Local 47. On October 21, 2010, there was a public meeting of the Borough Council. Individuals intending to speak at the meeting were asked to list their names on a sign-up sheet. They were reminded by the Mayor that they would have…

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