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Anti-Union Animus, Not Profanity, True Basis For Firing

Teamsters Local 261 represents the corrections officers working for Lawrence County, Pennsylvania. Before being represented by Local 261, the bargaining unit was represented by the Laborers Union, which disclaimed interest in the bargaining unit on January 19, 2017, following expiration of the collective bargaining agreement on December 31, 2016. Corrections officer Kevin Boston was instrumental in the bargaining unit affiliating with Local 261 and served on Local 261’s bargaining…

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Unilateral Policy Changes Rescinded Due To Anti-Union Animus

In Pennsylvania, the Palmyra Borough Police Officers Association filed an unfair labor practice complaint alleging Palmyra Borough was motivated by anti-union animus in changing several terms and conditions of employment. In 2013, the Association and the Borough were engaged in contentious negotiations for a new contract. The Borough eventually declared impasse and sought arbitration. Beginning on day one of the arbitration hearing and continuing through day three, the Police…

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Federal Court Of Appeals Holds That Disparate Discipline And Anti-Union Remarks Support First Amendment Claims Of Police Officer And Union

On New Year’s Eve, the Tenth Circuit, in Cillo v. City of Greenwood Village, reversed summary judgment entered by a lower court and held that a reasonable jury could conclude a police officer’s union activity was a substantial motivating factor in the decision to fire him based on evidence that he was terminated while similarly situated non-union officers who also violated the Fourth Amendment were treated more favorably, and…

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Officer Loses Union Discrimination Claim

John Zumwalt was a police officer with the City of Wentsville, Missouri Police Department. As a police officer, Zumwalt had a history of engaging in hostile and aggressive conduct and using abusive and profane language directed at citizens and fellow police officers. In 2006, as a result of a complaint filed by a fellow police officer, Zumwalt was placed on a “last chance agreement.” The agreement set out the…

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Employer’s E-Mail Policy Discriminates On Basis Of Union Activity

The City of Saginaw, Michigan Police Department permits its employees to use the City’s e-mail system for non-work-related purposes. Daniel Kuhn is the president of the Saginaw local of the Police Officers Association of Michigan. On October 16, 2008, Kuhn used the City’s e-mail system to send his members a message about the City’s deferred compensation system. In the e-mail, Kuhn wrote the following about the general status of…

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