Union Does Not Breach DFR By Refusing To Bargain Seniority Issue

Brandon Barth, Mark Cam­popiano, David Jubinville, Justin Rutkiewicz, and Ryan Shore (the Sergeants) are all sergeants in the City of Cranston Police Department in Rhode Island who sued their union, Local 301 of the International Broth­erhood of Police Officers, for breach of duty of fair representation. The dispute stemmed from an incident in 2013, when a sergeant by the name of Josefson accepted a demotion in order to avoid…

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Seniority Prevails Over ADA For Day Off Selection

Natasha McIntyre was a sergeant with the Washington Metropolitan Area Transit Authority. McIntyre worked the day shift, which runs from 6:00 a.m. to 2:00 p.m., due to her seniority. In February 2016, McIntyre’s drug test revealed the presence of amphetamines. McIntyre had been prescribed the drug Adderall to treat her ADHD. She contacted Metro regarding possible accommodations for her ADHD. As accommodations for McIntyre’s disability, her doctor recommended: “(1)…

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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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