fbpx

Statute Of Limitations Trips Up New Orleans In Police Discipline Case

Jamal Kendrick was a New Orleans police officer. On August 6, 2012, Kendrick, who was driving a one-man police vehicle, stopped a suspect, Tony Gaines, for a traffic violation. Kendrick discovered that Gaines had an outstanding arrest warrant for domestic abuse battery. Kendrick arrested Gaines for the outstanding warrant. During the arrest, Kendrick discovered that Gaines had marijuana in his pocket. Kendrick discarded the marijuana, declined to charge Gaines…

Read More

Q & A

From California Question: In our Collective Bargaining Agreement we are given vacation at an accrual rate based on our years of service. Several employees have noticed that their accrual rate was incorrect and has been for some time. Our employer has determined that it will not be giving employees any retroactive vacation time and will only correct their accrual rate to reflect the accurate rate. Deputies are losing anywhere…

Read More

Q & A

From Illinois Question: I represent (mostly unionized) police officers in Illinois and am dealing with Garrity situations on a daily basis. I represent one small organization of railway police officers who are organized under the National Railway Labor Act (RLA). This set of laws is often quite different from NLRB/IPLRA cases (including no ULP/Weingarten charge available). I ran into a situation yesterday where the Railway was unfamiliar with Garrity…

Read More

Q & A

From Illinois Question: I represent (mostly unionized) police officers in Illinois and am dealing with Garrity situations on a daily basis. I represent one small organization of railway police officers who are organized under the National Railway Labor Act (RLA). This set of laws is often quite different from NLRB/IPLRA cases (including no ULP/Weingarten charge available). I ran into a situation yesterday where the Railway was unfamiliar with Garrity…

Read More

Bill Of Rights Limitations Statute Begins Running Before Officer Is Identified

Section 3004(d)(1) of California’s Public Safety Officers Procedural Bill of Rights, which applies to law enforcement and fire protection personnel, establishes a one-year limitation on investigations of officer misconduct. Within a one-year period, a public agency must complete its investigation and notify the public safety officer that discipline may be taken. The one-year period begins to run upon the discovery by a person authorized to initiate an investigation of…

Read More

Each New Paycheck Starts New Statute Of Limitations Under FLSA

Officers of the District of Columbia Metropolitan Police Department sued the District under the Fair Labor Standards Act (FLSA), alleging that the District had failed to calculate their overtime based on enhanced pay owed to detective sergeants under the District of Columbia Code. The procedurally complicated case started with a grievance filed by three officers, who alleged that they had fulfilled the duties of detective sergeant but had not…

Read More

Time To File Unfair Labor Practice Is Triggered By Implementation Of Change In Working Conditions, Not Notice Of Change

Most state collective bargaining laws have a relatively quick statute of limitations on the filing of an unfair labor practice. A recent Oregon case dealt with the question of whether the statute of limitations is triggered by an employer's notice that it intends to make a change in working conditions, or rather by the implementation of the decision itself. The case involved Washington County and the Washington County Police…

Read More

Powered by WishList Member - Membership Software