The Cases

Court Rejects Late First Amendment Challenge to “Talk My S**t” Termination, Shelton v Cuyahoga Metropolitan Housing Authority (6^th Cir. 2026)
(00:02:40)

No ULP When Citgy Refused To Make Firefighters Whole For W-2 Errors, Rochester Fire Fighters Ass’n v. City of Rochester, 58 PERB ¶ 4569 (2025)
(00:13:16)

New Jersey Labor Board Dismisses Most Of Officer’s Claims Over Social Media Posts And Interview Rights, State of New Jersey (Department of Corrections), 52 NJPER ¶ 38 (NJ PERC 2025)
(00:24:38)

Giglio List Placement Sinks Officer’s EEO Claim, Cox v SEPTA, No. 25-1100, 2026 WL 195004 (3d Cir. 2026)
(00:35:50)

Constitutional Challenge To North Carolina’s Giglio Statute Allowed To Proceed, Leech v. State, 922 S.E.2d 732 (N.C. Ct. App. 2025)
(00:48:01)

The latest from LRIS (0:04:25)

The case (0:06:00)

Other cases discussed in the podcast:

United States v Daniels (5th Cir. January 2025)
https://www.supremecourt.gov/DocketPDF/23/23-376/284275/20231005143926385_Daniels%20Pet%2010.4.pdf

United States v. Cooper (8th Cir. February 2025)
https://caselaw.findlaw.com/court/us-8th-circuit/116899332.html

Cooper v Garland (11th Cir. August 2025)
https://media.ca11.uscourts.gov/opinions/pub/files/202213893.pdf

United States v. Harrison (10th Cir. August 2025)
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111289347.pdf

All four cases covered in this month’s podcast are examples of this tactic. See how courts decided.

The Cases

No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive,  Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). (00:04:36)

New Hampshire Supreme Court Rules In Favor Of Corrections Officer Terminated After Raising Staffing And Safety Concerns, Appeal of Cass (New Hampshire Personnel Appeals Board), 2025 N.H. 51, 2025 WL 3466392 (N.H. Dec. 3, 2025).  (00:12:45)

Court Orders Release Of Internal Affairs Report After Redaction, States Newsroom Inc. v. City of Jersey City, 2025 WL 2202105 (N.J. Aug. 4, 2025) (00:22:30)

Firefighter Entitled To Full Paid Military Leave For Forty 24-Hour Shifts, Driscoll v. City of Melrose, 2025 WL 3247580 (Mass. App. Ct. Nov. 21, 2025). (00:32:42)

• The economy – boom or bust? (00:02:10)
• Recruitment and retention – will federal agencies poach local law enforcement officers? (00:14:40)
• The courts – big changes in equal opportunity. (00:23:37)

We took January 1 off for the New Year’s Day holiday, so this First Thursday episode is posting on the second Thursday. We will be posting a bonus episode on the third Thursday (and you thought there were no more Christmas gifts coming).

This episode will cover what Rick thinks were the three most important issues in public safety labor relations from 2025. In next week’s episode, Rick will make his predictions for 2026.

What’s happening at LRIS? (00:01:24)

Big developments in 2025 (00:03:18)

Privacy (00:04:08)

• Melton v. City of Forrest City, 2025 U.S. App. LEXIS 20503 *
• Hussey v. City of Cambridge, 2025 U.S. App. LEXIS 20858 (1st Cir. 2025)
• Hedgepeth v. Britton, 2025 U.S. App. LEXIS 21793 (7th Cir. 2025)

Recruiting and retention (00:30:30)

• King County, Decision 13920-A (PECB, 2024)
• State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025)Hudson County, 51 NJPER ¶ 61 (2025)
• San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025)

No tax on overtime (00:50:31)

Upcoming seminars from LRIS (00:01:53)

The cases:

State ex rel. GateHouse Media Ohio Holdings II, Inc. v. Columbus Police Dept., Slip Opinion No. 2025-Ohio-5243 (00:05:02)

Big Court Win for PA Firefighters in PTSI Workers Compensation Appeal, Ganley v. Upper Darby Township (Workers’ Compensation Appeal Board), 2025 WL 2967361 (Pa. Commw. Ct. Oct. 22, 2025) (00:15:35)

Probationary Employee’s Firing, Union Inaction Not Unfair Practices, Wayne County Juvenile Detention Facility, et al., 39 MPER ¶ 6 (MERC 2025) (00:28:15)

Pennsylvania State Police Unlawfully Refused To Process Probationary Trooper’s Grievance, Commonwealth of Pennsylvania, 57 PPER ¶ 17 (PLRB 2025) (00:35:29)

Compton Fire Chief’s Retaliatory Fitness Ban Violates California Law, Compton Firefighters, IAFF Local 2216 v. City of Compton, PERB Decision No. 2976-M, 50 PERC ¶ 47 (Cal. PERB Aug. 1, 2025) (00:42:46)

Sheriff CBA’s Vacation Cap Provision Trumps Inconsistent Past Practice, Luce County Sheriff & Luce County Board of Commissioners, 39 MPER ¶ 11, 2025 WL 2451349 (Mich. Emp’t Relations Comm’n Aug. 8, 2025) (00:49:27)

Cases:

Labor Board Rules County Cannot Unilaterally Change Schedule, County of Gloucester, 51 NJPER ¶ 73 (2025)

Illinois Labor Board Requires Production of Info Despite “Ongoing Related Litigation,” City of East St. Louis, 42 PERI ¶ 22 (ILRB 2025)

Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that will be featured in the Public Safety Labor News.

Cases:

• Pickering v. Board of Education, 391 U.S. 563 (1968) (0:07:57)
• Rankin v. McPherson, 483 U.S. 378 (1987) (0:11:47)
• Noble v. Cincinnati & Hamilton County Public Library, No. 23-3853 (6th Cir. 2024) (0:17:35)
• Fenico v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D. Pa., 2024) (0:27:29)
• Brown v. City of Tulsa, January 7, 2025 (10th Circuit) (0:39:00)
• Hussey v. City of Cambridge, August 15, 2025 (1st Circuit) (0:42:59)
• Hedgepeth v Britton, August 26, 2025 (7th Cir. 2025) (0:49:23)

00:02:16 – What’s next from LRIS

00:05:03 – County Permitted To Assign Probation Officers To Detention Facility Following Expiration Of “Temporary Emergency” Assignment Side Letter, San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025).

00:12:58 – Codification Of Unwritten Work Rule Not An Unfair Practice Where No Change To A Mandatory Bargaining Subject, Jenkintown Borough, 56 PPER ¶ 57 (Proposed Decision and Order, 2025).

00:20:14 – Officer Terminated For Leaving Interrogation To Wait For Union Rep, County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025).

00:31:26 – Due Process Requires Impartial Tribunal In Brady List Dispute, Corbo v. Chester County, 2025 Pa. Commw. LEXIS 70 * (Pa. Commw. Ct. 2025).

00:45:24 – Interview with Bob Brooks

• 00:01:15 – The latest from LRIS
• 00:03:17 – No tax on overtime

Cases

• 00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association v. City of Santa Ana, 2025 Cal. App. LEXIS 115 (Cal. Ct. App. 2025).
• 00:25:34 – Rhode Island Supreme Court Permits Unilateral Changes To CO Attendance Policy, State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025).

• 00:37:53 – County Jail Not Required To Bargain Solitary Confinement And Use Of Force Policies, Allegheny Cnty. Prison Emps. Indep. Union v. Pa. Lab. Rels. Bd., 2025 Pa. Commw. LEXIS 99 (Pa. Commw. Ct. 2025).

NY Court Precludes Cross Examination Of Police Officers On Civilian Review Board Findings, United States v. Clanton, 763 F. Supp. 3d 261 (E.D. N.Y. 2025). (00:03:36)

Bologna v. Krasner, 2025 U.S. Dist. LEXIS 120185 (E.D. Pa. 2025). (00:24:25)

Oregon Employer’s “Bargaining Summary” Emails To Officers Did Not Constitute Improper Direct Dealing, Oregon Corrections Enterprises, Case No. UP-042-24 (ORB 2025). (00:46:53)

NJ Fire Chief Not Bound By Unratified, Secret Compensatory Time Settlement, City of Jersey, 51 NJPER ¶ 70 (2025). (01:08:45)

00:00:49

• What are the limits on fitness for duty exams?
• What counts as protected union activity?
• Does a high test score entitle you to a promotion?
• What happens when a long-standing past practice conflicts with new (or old) contract language?

What’s new with LRIS?

00:01:24

Cases

Cook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam, Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025). 00:03:06

Union President Engaged In Protected Concerted Activity When Sharing Confidential Report, Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025). 00:14:49

No Due Process Owed To Minneapolis Officer Removed From Promotional List, Humphrey v. City of Minneapolis Civ. Serv. Comm’n, 2025 Minn. App. Unpub. LEXIS 173* (Minn. Ct. App. 2025). 00:24:49

County Commits ULP By Unilaterally Discontinuing Practice Of Providing Paid Leave When Courthouse Closed For Holidays, County of Albany and Albany County Sheriff, 57 PERB ¶ 3011 (2024). 00:36:18

NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice, Newark Fire Officers Union, Loc. 1860 v. City of Newark, 2024 N.J. Super. Unpub. LEXIS 2969 (N.J. Super. Ct. App. Div., 2024). 00:42:11

0:03:20  Seattle Officers Who Attended Jan 6 Rally Cannot Remain Anonymous, John Does 1, 2, 4, & 5 v. Seattle Police Dep’t, 2025 Wash. LEXIS 86 (2025).

0:15:24  Terminated Firefighter’s “Perceived Speech” Claim Triggers First Amendment Protect ions, Vargas v. City of Tracy, 2025 U.S. Dist. LEXIS 31591 (E.D. Cal. 2025).

0:25:30  Snippy And “Chilling” Email From NJ Administrator To Union President Constitutes ULP, City of Trenton, 51 NJPER ¶ 46 (2025).

0:36:43  NJ PERC Permits Unilateral Change To COs’ Weekend Work Schedules, Hudson County, 51 NJPER ¶ 61 (2025).

Cases:

State Court Confirms Louisiana Police Association’s Right to Engage in Political Activity, La. State Troopers Ass’n v. State Police Comm’n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. Jan. 30, 2025).

Bad Record Keeping Defense Fails For Louisiana Police Chief Caught With Drugs And Cash In Vehicle, State v. Bratton, 2025 La. App. LEXIS 331 (La. Ct. App. 2025).

City Council Permitted To Sue Firefighter For Pursuing Recall Petition After Service Cuts, Waggoner v. Husk, 337 Ore. App. 519 (Or. Ct. App. 2025).

00:01:41 — What’s going on with LRIS.

00:02:50 — Union logo free speech case (FOP Pennsylvania State Lodge v. Springfield Township).

00:14:32 — Lance LoRusso talks about the Blue Line Lawyer Institute and its upcoming Force Forum on May 20-22 in Jekyll Island, Georgia.

00:30:27 — Rick and Lance discuss a Barnes v. Felix. This use of force case on the Supreme Court’s docket is about whether courts should apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment.

0: 03:43 – What’s going on with LRIS?

0:06:08 – A bit of labor history, Part 1: The Boston police strike of 1919

0:12:38 – A bit of labor history, Part 2: PATCO strike of 1981

0:25:10 – Joe Richardson introduction

0:28:27 – Case: FOP Lodge 47 v. Douglas County and the Douglas County Sheriff’s Office

In this month’s podcast, we go over:

• A big legislative win for public sector employees.
• A look at wage increases for 2024.

Two cases:

• Back pay, not reinstatement, for LAPD officer dealt a due process violation, Bedard v. City of Los Angeles, 2024 WL 4634930 (Cal. Ct. App. 2024).
• Court’s review of compliance with grievance procedure cannot consider other arguments, Shifflett v. Hill, Record No. 1357-23-4, LEXIS 582 (Va. Ct. App. 2024).

Pensions and Politics.

What is the Social Security Fairness Act and does it have a chance of being passed?

Progressive DAs.

Elon Musk has his sights set on them.

This month’s cases:

Officer’s DWI Arrest Not Exculpatory Evidence, Doe v. City of Manchester, No. 2022-0448 (N.H. 2024).

Court Upholds Arbitration Award Allowing Cos To Refuse Mandatory Overtime, Allegheny County v. Allegheny County Prison Employees Independent Union, No. 1122 C.D. 2023, 2024 WL 3687877 (Pa. Commw. Ct., 2024).

Sorry we’re late! This month’s First Thursday should be renamed “Second Monday.”

In this month’s podcast, Rick covers two union leave cases and two involving social media posts.

The Cases:

Gilmore v. Gallego, No. CV-23-0130-PR, 2024 WL 3590669 (Ariz., 2024).

Borgelt v. Austin Firefighters Ass’n, IAFF Loc. 975, 692 S.W.3d 288 (Tex. 2024).

Fenico et al v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D.Pa. October 28, 2024).

Boyd v. City of Memphis, 2024 WL 3984020 (Tenn. Ct. App., 2024).

This month’s cases:

Ohio Security Guard’s Facebook “All Lives Splatter” Meme Protected by 1st Amendment, Noble v. Cincinnati & Hamilton Cnty. Pub. Libr., 112 F.4th 373 (6th Cir. 2024). (0:06:46)

7th Circuit Instructs That Lawyers Matter In Dismissing Sergeant’s Speech Lawsuit, Brockett v. Effingham County, Illinois, 2024 WL 3982729 (7th Cir. 2024). (0:29:31)

Absolute Immunity for Philly DA Despite Biased Prosecution of Police Officer, Pownall v. Krasner, No. 23-2049, 2024 WL 4164621 (3d Cir., Sept. 12, 2024). (0:35:58)

Bevill v. Wheeler, 2024 WL 2762493 (5th Cir. 2024). (0:46:09)

This month’s cases:

Jersey City Extends Losing Streak Against Police Marijuana Use, Shea v. State of New Jersey, No. 2:2023cv21196 (D.N.J. 2024)

Supreme Court Decides Gun Case Impacting First Responder Marijuana Rights, US v. Rahimi, 602 US _ (2024)

Is It Legal To Use Marijuana And Own a Firearm? US v. Connelly, No. 23-50312 (5th Cir. 2024)

This month’s cases:

Court Upholds Award Of Retroactive Sick Leave Benefits For COs, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).

City Lawfully Refused To Turn Over Documents During Contract Negotiations, City of Lancaster v. Pennsylvania Lab. Rels. Bd., 309 A.3d 178 (Pa. Commw. Ct., 2024).

Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, No. 23-1063, 2024 WL 1040625 (10th Cir., 2024).

Anxiety Caused by Coworker Does Not Excuse Officer’s Marijuana Use, In re: Steven Allen, Gloucester County Sheriff’s Office, DOCKET NO. A-1820-22, 2024 WL 2235554 (N.J. Super. App. Div., May 17, 2024)

Rick Poulson interviewed Arbitrator Michael Loconto for this month’s podcast. Michael was Dave’s friend and mentee. He and Rick talk about Dave in the interview, which was recorded prior to Dave’s passing.

This month’s cases:

Court Rules Sharing Unsubstantiated Rumors About Coworkers Does Not Violate Public Policy, Town of Plympton vs. Plympton Police Association MassCop Local 276, June 7, 2024

Firefighter’s Failure to Meet Mandatory Reporting Requirements Not Sufficient To Vacate Award of Reinstatement, Portland Firefighters Local 43 vs. City of Portland, 2024 WL 2933064 (OR ERB)

Prison Committed ULP By Refusing to Provide Staffing Guidelines Requested By Union, Federal Bureau Of Prisons Federal Correctional Institution Cumberland, Maryland Respondent And American Federation Of Government Employees, Local 4010, 2024 WL 2860890 (F.L.R.A.)

Will also talks about the important of honesty, preparation, and cultivating a relationship with the other side.

This month’s cases:

Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 Conn. 452 (Conn. 2024).

Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).

An update on mandatory vaccine policies:

• Jacobson v. Massachusetts, 197 U.S. 11 (1905).
• County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff’s Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).

LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers’ Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).

April’s First Thursday podcast is a special two-person affair as LRIS Executive Director, Rick Poulson, joins Will as cohost. Rick talks about his background, how he became a labor attorney, and helps Will break down this months cases.

Cases:

Burden Of Proof Is On Employer To Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024).
Related case: State v. Jackson.

Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).

‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023).

Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.).

Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).

When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).

• The Bureau of Labor Statistics CPI data
• From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery

This month’s cases

• Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023)
• Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023)
• Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023)
• What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).

Will Aitchison covers a study from the Mackinac Center for Public Policy entitled “How To Improve Policing Through Collective Bargaining Reforms.” He covers its fatal flaw, and why law enforcement unions must be aware of it.

• View the press release.
• View the study.

Cases:

Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023).

‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023).

Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).

Cell Phone Warrant Of Officer’s Phone Too Broad, Commonwealth v. Sukhadia, 2023 WL 7409309 (Penn. Super. 2023).

Township Violates Free Speech Rights By Banning Thin Blue Line Flag, Pennsylvania State Lodge v. Township of Springfield, 2023 WL 7547494 (E.D. Penn. 2023).

Firefighter’s Union Loses Challenge to Arbitrator’s Opinion, Tamburo v. City of Stamford, 2023 WL 7540719 (Conn. Super. 2023).

Union President Can Waive Union’s Bargaining Rights, City of Methuen, 2023 WL 7184541 (MA LRC 2023).

A special Christmas offering:

Duck: The Police

The latest development in A.I. and policing: The City of San Jose signs on to use Benchmark Analytics’ First Sign Early Intervention System.

How are cities dealing with the recruitment and retention crisis?

Cases

• Consent Decree Does Not Impair Bargaining Rights, City of Newark v. Fraternal Order of Police, 2023 WL 6439402 (NJ App. 2023).
• Officer’s Brady Suit Can Proceed Pseudononymously, Doe v. Town of Lisbon, 2023 WL 5266283 (1^st Cir. 2023).
  • Other Brady developments: New amendment to Florida’s Law Enforcement Officers’ and Correction Officers’ Rights statue dealing with placement on Brady lists.

Officers Entitled To Privacy About Participation In January 6 Rally, Jane Doe 1 v. Seattle Police Department, 2023 WL 4182193 (Wash. App. 2023). Download this case.

Department’s Garrity Failure Results In Reinstatement, Foltz v. City of St. Louis, 2023 WL 5688659 (Mo. App. 2023).

When Are Text Messages A Matter Of Public Concern, Prince George’s County v. Brooks, 2023 WL 5318327 (Md. App. 2023). Download this case.

‘National Police Association’ Loses Defamation Lawsuit
View the NPA’s Form 990.

Related stories:

• A California city offered a $75,000 bonus to new cops. These departments are trying to keep up.
• Some small towns in America are disbanding police forces, citing hiring woes.

The Cases:

• When Is An Employer Liable For Pre- And Post-Shift Work? Perry v. City of New York, 2023 WL 5490572 (2nd Cir. 2023).
• Officer Had Due Process Right To Review Third-Party Video Before Interview, City of Akron, 23-2 ARB ¶8218, (Goldberg, 2023).
• The Key Elements Of A Past Practice, City of Easton, 55 PPER ¶ 3 (Penn. LRB Hear. Off. 2023).

Florida Court Upholds Termination Of CO For Medical Marijuana Use, Ortiz v. Department of Corrections, 2023 WL 4101330 (Fla. App. 2023).

No Weingarten Rights When Merely Receiving Counseling Memo, Madison County Deputy Sheriff’s Association, 56 PERB ¶ 4541 (NY PERB ALJ 2023).

No Privacy Right To Masturbate While On Duty, Demill v. Peace Officer Standards and Training Council, 2023 WL 3637408 (Utah App. 2023).

Transfer To Rotating Shift Not ‘Adverse Action,’ Naes v. City of St. Louis, 2023 WL 3991638 (8^th Cir. 2023).

Employer Liability For Co-Worker Sexual Harassment, Stein v. United States, 2023 WL 3993014 (3^rd Cir. 2023).

Groff v. Dejoy

Students For Fair Admissions, Inc. v. President And Fellows of Harvard College

Muldrow v. City of St. Louis

Latest news:

NYPD signs new uniformed officers contracts.

New EEOC Guidance on When the Use of Artificial Intelligence in Selection Procedures May Be Discriminatory

Arbitrator Orders In-Person Rather Than Video Hearing

Department of Veterans Affairs, 2023 BNA LA 75 (Bonney 2023). National Academy of Arbitrators Opinion 26

Union, Not Member, Has Right To Invoke Arbitration, Pendleton Police Department, 2023 WL 2858867 (OR ERB 2023).

Paid Union Leave Legal In Texas, Borgelt v. Austin Firefighters Association, 2022 WL 17096786 (Tex. App. 2022).

• Austin Firefighters contract. This and other contracts available for download from the LRIS labor contract library.

Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL 2418939 (Tex. App. 2023).

Obtaining New Job Defeats Constitutional Liberty Claim, Jones v. Lake County Sheriff’s Office, 2023 WL 2631659 (N.D. Ill. 2023).

• Loudermill v. Cleveland Board of Education

This month’s cases:

Boston Allowed To Implement Vaccination Policy, Boston Firefighters Union, Local 718 v. City of Boston, 2023 WL 2698781 (Mass. 2023).

Court Turns Away Challenge To Union’s Non-Member Fee Structure, Taylor v. Pennsylvania State Corrections Officers Association, 2023 WL 2565029 (Penn. Super. 2023).
This is the first major case related to the Janus decision. Download Janus.

ALJ Finds Employer Engaged In Illegal Surface Bargaining, City of Compton, 47 PERC ¶ 130 (Cal. PERB 2023).

Change Of Union Does Not Necessarily Terminate Grievance Procedure, City of Chelsea, 203 N.E.3d 1142 (Mass. 2023).

• Benchmark Analytics: https://www.benchmarkanalytics.com/
• Article: Event-level prediction of urban crime reveals a signature of enforcement bias in US cities from Nature Human Behaviour, published June 30, 2022, https://www.nature.com/articles/s41562-022-01372-0

Cases:

Arbitrator’s Decision Reinstating Text-Messaging Officer Not Against Public Policy, City of Springfield v. PPBA, Unit 5, 2023 IL App (4th) 220321-U (Ill. App. 2023).

No Privacy Protections Against Disclosure Of Officers’ Names, Fraternal Order of Police v. District of Columbia, 2023 WL 2317584 (D.C. App. 2023).

• Related article: Los Angeles police accidentally release photos of undercover officers to watchdog website, published March 21, 2023 by the Los Angeles Times
• Related case: Kallstrom v. City of Columbus

This month’s cases:

Firefighter Entitled To Unemployment Benefits After Firing For Use Of Medical Marijuana, City of Waterbury, 216 Conn.App. 717 (2022).

No Privacy Interest In On-Line Videos, Mason v. City of Waco, 2023 WL 1926984 (W.D. Tex. 2023).
Behind The Blue Curtain Podcast

Officer’s Facebook Lawsuit Survives Motion To Dismiss, Bresnahan v. City of St. Peters, 2023 WL 310208 (8^th Cir. 2023).

‘Me-Too’ Issues Must Be Arbitrated, Cook County, 2022 WL 18549609 (Ill. App. 2022).

Article: Evidence On Measures To Reduce Excessive Use Of Force By The Police (h/t to PORAC).

Firefighter Schedule Change Illegal Discrimination, IAFF, Local 365 v. City of East Chicago, 2022 WL 17829283 (7th Cir. 2022).

Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email, State v. Bowers, 2022 WL 17984985 (Wisc. App. 2022).

Workers Comp Limitation On Stress Claims Not Unconstitutional, Matthews v. Industrial Commission of Arizona, 2022 WL 17172180 (Ariz. 2022). (Article 18, Section 8 of Arizona State Constitution)

Officer’s Suicide ‘Line Of Duty’ Death, In re Lannon, 2022 WL 17747778 (Minn. App. 2022).

• An announcement from Will Aitchison.
• No Religious Freedom Exception To Photographs In Uniform, Swartz v. Sylvester, 2022 WL 17090374 (1st Cir. 2022).
• City To Pay $1.6 Million For Firefighter Staffing Violation, East Cleveland IAFF 500 v. City of East Cleveland, 2022 WL 16635231 (Ohio App. 2022).
• Backpay Can Include Overtime, Stockli v. North Carolina Department of Public Safety, 2022 WL 16937444 (N.C. App. 2022).
• Court Upholds Chicago Police Vaccination Requirement, Fraternal Order of Police, Chicago Lodge No. 7 v. City of Chicago, 2022 IL App (1st) 220346-U (Ill. App. 2022).
• Officer Loses Job To Facebook Post, Kirkland v. City of Marysville, 2022 WL 17413720 (6th Cir. 2022).
• Union Fails To Timely Demand To Bargain Over Pension Changes, Association of Orange County Deputy Sheriffs, 47 PERC ¶ 84, (Cal. PERB 2022).

Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6^th Cir. 2022).

Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11^th Cir. 2022).

Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v. County of Riverside, 2022 WL 16646827 (Cal. App. 2022).

Reasonable Accommodation And Cold Baths, Bright v. Martin, 2022 WL 16712874 (E.D. La. 2022).

PTSD Caused By Shooting, Not Gradual Stress, Las Vegas Metropolitan Police Department v. Marx, 2022 WL 17185093 (Nev. App. 2022).

The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022).

Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022).

Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 WL 14890243 (S.D.N.Y. 2022).

Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022 WL 14229458 (7^th Cir. 2022).

Court Upholds Anti-Fraternization Rule, Lewis v. Smith, 2022 WL 10965839 (5^th Cir. 2022).

Cases:

Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022).

Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022).

Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022).

Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022).

Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board of Trustees, 2022 IL App (3d) 210100-U (Ill. App. 2022).

Post-Retirement Conduct Can Result In Pension Forfeiture, Mahan v. Boston Retirement Board, 2022 WL 4073845 (Mass. 2022).

Article: The Injustice Of Under-Policing In America

First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022).

Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. 2022).

Iowa’s New Brady Statute Grants Protections To Officers, https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF2496

Officer Had No Expectation Of Privacy In Employer Video Equipment, Kilmer v. State of Texas, 2022 WL 3053873 (Tex. App. 2022).

Disagreement With Tactics Not Basis For Claim Against Union, In re Bruder, 55 PERB ¶ 4542 (NY PERB Director 2022).

Union Does Not Breach DFR By Refusing To Bargain Seniority Issue, Barth v. City of Cranston, 2022 WL 3225382 (1^st Cir. 2022).

Premium podcast will be returning soon!

Religious speech implications of the Supreme Court’s Kennedy decision.

Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11^th Cir. 2022).

Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022).

No Due Process Right To Promotion From Expired List, Cummings v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022).

Pre-Disciplinary Hearing Must Precede, Not Follow, Sustaining Of Complaint, Washington v. Shreveport fire & Police Civil Service Board, 2022 WL 1654146 (La. App. 2022).

Officer’s Experience With Death And Decaying Bodies Defeats Disability Claim, Mesmer v. Board of Trustees, 2022 WL 946070 (N.J. App. 2022).

Other cases discussed:

New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022).

No DFR Breach When Fire Union Balances Competing Priorities Of Members, Gault v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022).

No Discipline For Following Lieutenant’s Guidance, Jenkins v. New Orleans Police Department, 2022 WL 2237457 (La. App. 2022).

Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.]

What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022).

No Weingarten Representation When Employer Assures Employee Discipline Not Possible, Canovas v. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022).

Arrest Does Not Necessarily Trigger Weingarten Rights, State of New Jersey, 2022 WL 810182 (N.J. PERC ULP Director 2022).

Sergeant Demoted For Intimate Relationship With Officer, Wolfe v. City of Town and Country, 2022 WL 1165838 (E.D. Mo. 2022).

New Jersey Attorney General’s cannabis compliance memo

Cases covered

Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022)

Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022)

Qualified Immunity Shields Employer From Liability For Illegal Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022)

No Privacy Interests In Another’s Apple Watch, Owens v. Logan Propes, 2022 WL 1109431 (M.D. Ga. 2022)

Meet John Chrystal. John is the president of the Newark, New Jersey Police Superior Officers’ Association and has attended LRIS seminars for many years. He’s taken the knowledge gleaned from those seminars had translated it into wins for his union. Two recent cases illustrate this.

• City Guilty Of ‘Direct Dealing’ In Offering Retirement Incentive, City of Newark, 2022 WL 810185 (N.J. PERC 2022).
• City Stuck With Police Director’s Grant Of Grievances, City of Newark, 2022 WL 871381 (A.D. 2022).

ADA Violated By Routine Physical, Psychological Examinations, LaCroix v. Boston Police Department, No. 19-cv-11463 (D. Mass. 2022).

The Consumer Price Index. What’s driving the current numbers, unseen for 40 years, and what do they mean for the future of contract negotiations?

LRIS wage and benefit survey.

Major Cell Phone Decision From Phoenix, Turiano v. City of Phoenix, No. CV-21-01428-PHX-MTL (D. Ariz. Feb. 4, 2022).

Arbitrator Upholds Chicago Police Vaccine Mandate, City of Chicago, (George Roumell, Jr. Feb. 23, 2022).

‘Gap Time’ And The FLSA, Conner v. Cleveland County, 2022 WL 53977 (4^th Cir. 2022).

No Employment Right To Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274 (Fla. PERC 2022).

Cases:

Arbitrator Upholds Lieutenant’s Termination For January 6 Charges, Bexar County, Texas (Thomas Cipolla, 2021). (Download the arbitrator’s decision.)

LAPD Officers Lose Job To Pokemon Go, Lozano v. City of Los Angeles, 2022 WL 71705 (Cal. App. 2022).

Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022).

Effects Of Mandatory Psychological Exam Negotiable, City of Newton, 2021 WL 6140174 (Mass. App. 2021).

‘Firefighter’s Rule’ Bars Injured Officer’s Lawsuit, Topper v. Thomas, 2022 WL 38424 (Md. Spec. App. 2022).

Mandatory vaccinations programs (again).

• Courts and arbitrators continue to rule (69-0 by our last count) that there is nothing unconstitutional about employer vaccine mandates.
• First interest arbitration decision about mandatory vaccine programs.
• The law about whether or not an employee or labor organization can get injunctive relief while a challenge to vaccine mandate is going on.
• What the Supreme Court will be ruling regarding two of the federal vaccine mandates later this week.

Non-Vaccine Cases:

• No Reasonable Expectation Of Privacy In iPhone Backups On Work Computer, Smith v. City of Pelham, 2021 WL 5863412 (11th Cir. 2021).
• Deputy Sheriffs As Political Appointees, With No Job Rights, Burns v. Cole, 2021 WL 5549411 (8th Cir. 2021).

Due Process And The Brady Rule, Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 2021 WL 5182646 (Pa. Cmwlth. 2021) (see also Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)).

Union Entitled To Materials In Member’s Disciplinary File, In re New York State Correctional Officers and Police Benevolent Association, 54 PERB ¶ 3025 (N.Y. PERB 2021)

State v. Ward, 2021 WL 5001793 (Ga. App. 2021)

Will tackles some of the most common questions he’s received or seen regarding employer vaccination mandates. They are listed below with a timestamp so you can navigate to a question that interests you most.

Our Vaccination Mandate Litigation Table.

Lastly, $5 in 1905 is the equivalent of $155.86 in today’s dollars.

Questions:

Do mandatory vaccination policies violate one’s right to bodily integrity/privacy? (00:17:07)

Does a mandatory vaccine program violate the equal protection clause? (00:33:24)

Is there an equal protection claim because the impact of vaccination policies falls disproportionately on Blacks and Hispanics because they are unvaccinated at a greater rate? (00:35:47)

What about a religious exemption? (00:37:38)

Are there are provisions of international law, such as the Nuremburg Code, that make a mandatory vaccination program illegal? (00:45:56)

Is forcing someone who disagrees with vaccination to be vaccinated by putting their job at risk a violation of free speech rights? (00:50:11)

Can mandatory vaccination policies violate the contracts clause of the constitution? (00:53:12)

Doesn’t the Food & Drug Administration have provisions on emergency use authorization of any medical product that say the FDA has to ensure individuals given the medical product know they are free not to take that product? (00:55:30)

Does an employer have to bargain over a vaccine mandate? (00:57:01)

• Jacobson v. Massachusetts
• Bridges v. Houston Methodist
• Klaasen v. Trustees of Indiana University
  • (7th Circuit opinion)
• From the EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
• Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020).
• Do unions’ have the right to bargain over the effects of mandatory vaccination programs?
• Are non-exempt employees who refuse vaccination eligible for unemployment benefits?

Cases

• Houston Firefighters Win Pay Parity Appeal, Houston Professional Fire Fighters v. City of Houston, NO. 14-19-00427-CV (Tex. App. 2021)
• Judge Allows Conspiracy Lawsuit To Proceed Against Minneapolis Union President, Goyette v. City of Minneapolis, 2021 WL 3222495 (D. Minn. 2021).

• The EEOC’s FAQ page.
• Employer Covid Vaccination And Testing Program Guidelines
• Jacobson v. Massachusetts, 197 U.S. 11 (1905)
• Bridges v. Houston Methodist Hospital, Case No. 21-CV-01774 (S.D. Tex. 2021)

This Month’s Cases

• Firefighters Lose ADA Lawsuit Over Beards, Bey v. City of New York, 2021 WL 2345249 (2nd Cir. 2021)
• Arbitrator Finds Implicitly Bars Subcontracting, Grand Rapids Police Officers Association, GRPOA GR. #: 5-19 (Dobry 2021)
• Involvement Of Decisionmaker In Appeal Violates Due Process, Briley v. City of West Covina, 2021 WL 2708945 (Cal. App. 2021)

• Recruitment and retention crisis
• Mandatory COVID vaccination (San Francisco)
• Oregon Senate Bill 204 on police reform

Cases:

• Federal Court Allows Mandatory Vaccinations, Bridges v. Houston Methodist Hospital, Civil Action 21-1774 (S.D. Tex. 2021).
• Shifts, Seniority, And Religious Accommodations, In re Bloomfield, 2021 WL 2182984 (N.J. App. 2021).
  • See Balint v. Cason City, Nevada https://caselaw.findlaw.com/us-9th-circuit/1414071.html
• Officer’s Brady Due Process Lawsuit Against Prosecutor Fails, Roe v. Lynch, 2021 WL 1903675(1^st Cir. 2021).
  • See Jonathan Duchesne & a. v. Hillsborough County Attorney https://caselaw.findlaw.com/nh-supreme-court/1705682.html
• Costs Are Legitimate Reason Not To Arbitrate Grievance, Sussex County Sheriff’s Office, 47 NJPER ¶ 123 (NJ PERC 2021).

• Chicago Commits Bodycam-Related Unfair Labor Practices, Fraternal Order of Police, Lodge #7 and City of Chicago, Case No. L-CA-20-024 (Ill. LRB ALJ 2021).
• Civil Service Referee Upholds Firefighter’s CBD-Based Termination, City of Cleveland (Colon), December 23, 2020.
  • Link to CBD notice from Department of Transportation: https://www.transportation.gov/odapc/cbd-notice
• Fire Department’s Tattoo Policy Upheld, City of Brockton (Matchem), Case No. G1-19-234 (Mass. CSC 2021).
• Weingarten And Supervisory-Subordinate Conversations, Waukesha Deputy Sheriffs Labor Union v. Waukesha County, 2021 WL 1837223 (WI.Emp.Rel.Com. ALJ 2021).
• When Does A ULP Charge Block An Election? Coutre v. Village of Crestwood, 37 PERI ¶ 92 (Ill. LRB 2021).

• Maryland: Eliminates the police officers’ bill of rights, use of force reform, county police accountability boards.
• San Antonio: Establishes collective bargaining for police officers.
• Austin: Voters approve binding arbitration for firefighters replacing the meet-and-confer system.

Cases:

Court Changes ‘Public Policy’ Doctrine To Overturn Arbitrator’s Opinion, City of Seattle v. Seattle Police Officer’s Guild, 2021 WL 1247946 (Wa. App. 2021).

Firefighter Loses Gradual Hearing Loss Claim, Hartman v. St. Bernard Parish Fire Department, 2021 WL 1115358 (La. 2021).

Florida Statute Shields Officers’ Names From Disclosure After OIS, Florida PBA v. City of Tallahassee, 2021 WL 1257869 (Fla. App. 2021).

• USA Today Article
• CUPES Study

The Cases:

• Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021).
• City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021).
• Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021).
• Chief’s Questions About And Statements During Union Meetings Amount To Illegal ‘Direct Dealing,’ City of Paterson, 47 NJPER ¶ 70 (NJ PERC 2021).

The cases:

• Firefighters, Families Lose Lawsuit Over Fatal House Fire, Speakman v. Williams, 2021 WL 49947 (3rd Cir. 2021).
• Challenges In Illinois To The ‘Public Policy’ Doctrine, City of Chicago v. Chicago Fire Fighters Union, Local No. 2, Case No. 2019 CH 12662 (Cir. Ct. 2020); City of Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of Country Club Hills v. Charles, No. 18 CH 13458 (Ill. App. 2020).
• SWAT Sniper Entitled To Jury Trial In Facebook Case, Moser v. Las Vegas Metro. Police Dept., 2021 WL 98249 (9^th Cir. 2021).

• Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021)
• Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6^th Cir. 2020).
• No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)

This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at info@lris.com.

Cases covered this month:

• Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020).
• The High Standard For PTSD Claims In Some States, Angle v. City of Huntington, 2020 WL 7315008 (W.V. 2020).
• Officer Required To Sit In Dark Building Loses Retaliation Case, Fiocca v. City of Philadelphia, 2020 WL 7397794 (E.D. Penn. 2020).
• When Must Federal Claims Be Arbitrated? Brooks v. City of Pekin, 2020 WL 7390328 (C.D. Ill. 2020).

• Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020).
• Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7^th Cir. 2020).
• Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill. 2020).
• Pregnancy And Light Duty Work, Legg v. Watson, 2020 WL 6325850 (2nd Cir. 2020).

Cases covered:

Prosecutor Allowed To Disclose Brady Information To Chief, In re Grand Jury Investigation, 485 Mass. 641 (Mass. 2020).

Prosecutor Shielded From Officers’ Suit By Qualified Immunity, Stockdale v. Helper, 2020 WL 6372910 (6^th Cir. 2020).

Reporting Corruption Not Protected By First Amendment, DeWyse v. Federspiel, 2020 WL 5993092 (6^th Cir. 2020).

Reprimand Not Sufficiently ‘Adverse’ To Support Discrimination Suit, Green v. Cashion, 2020 WL 6372366 (Mich. App. 2020).

• The new edition of our book The Rights of Law Enforcement Officers is now available.
• 2021 Seminar Schedule
• LRIS Webinars

Cases:

• When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee, 2020 WL 5747114 (WI.Emp.Rel.Com. 2020).
• ‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020).
• Firefighter Intentionally Hit By Fire Truck Has No Federal Lawsuit, Smothers v. District of Columbia, 2020 WL 5411294 (D.D.C. 2020).
• ‘Failure To Train’ Claim Must Show Deliberate Indifference, Pepitone v. Township of Lower Merion, 2020 WL 4604481 (E.D. Pa. 2020).

The police reform movement

Cases:

City Stuck With Police Director’s Grievance Resolution, City of Newark, 47 NJPER ¶ 15 (NJ PERC ALJ 2020).

Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70, 2020 WL 4804962 (Ohio App. 2020).

Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020).

EMS Captain’s Facebook Post May Be Constitutionally Protected, Marquardt v. Carlton, 2020 WL 4811388 (6^th Cir. 2020).

Social media screening services

From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds?

Cases:

Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police, 2020 IL 124831 (7^th Cir. 2020)

Contracts And Memoranda Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio App. 2020).

Patronage Allowed In Missouri Sheriff Departments, Curtis v. Christian County, Missouri, 2020 WL 3477025 (8^th Cir. 2020).

Will discusses Minnesota’s sweeping new police reform billp just passed last night.

• Sections 1 & 3, Peer Counseling (00:01:20)
• Section 2, Critical Incident Stress Management Data (00:05:11)
• Section 4, Critical Incident Stress Management Team Members (00:05:25)
• Section 5, Independent Use of Force Investigations Unit (00:07:25)
• Section 6, Residency (00:07:58)
• Sections 7, 8 & 9 Use of Force (00:08:20)
• Section 10, Board of Police Officers Standards and Training (00:09:35)
• Section 11, POST Licensure (00:09:53)
• Section 12, Warrior Style Training (00:10:22)
• Section 13, Ensuring Police Excellence and Improving Community Relations Advisory Council (00:12:05)
• Section 14, Police Officer Data (00:13:17)
• Section 15, Statewide Use of Force Standards (00:13:36)
• Section 16, Record-Keeping (00:17:34)
• Section 17, Licensing Sanctions (00:17:41)
• Section 18, Reporting Requirements (00:17:53)
• Section 19, Training in Crisis Response, Conflict Management, and Cultural Diversity (00:19:17)
• Section 20, Autism Training (00:23:15)
• Section 21, Duty to Intervene (00:23:38)
• Section 22, Arbitration (00:24:30)
• Sections 23-27, Funding (00:28:56)

Download our summary of the bill.

• Labor and employment issues coming out of the pandemic (00:00:43)
• The police reform movement (00:03:56)
• Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01)
• Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2^nd Cir. 2020) (00:28:44)
• The issue of severance (00:36:54)
  • Sergeants Not Severed From Rank-And-File Union, Middlesex County Sheriff’s Office, 46 NJPER ¶ 107 (N.J. PERC Rep. Dir. 2020)
  • Labor Board Refuses To Sever Detectives From Sworn Unit, St. Petersburg Police Officers’ Association, 46 FPER ¶ 291 (Fla. PERC 2020)

Download our table comparing President’s Trump’s executive order, the senate Democrat’s bill, the senate Republican’s bill and proposed legislation out of the state of Colorado.

President Trump’s Executive Order

U.S. Senate Democrat’s Bill

Colorado Senate Bill 20-217

Police Reform Legislation Table

Download the audio file (without introduction)

• ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit, 2020 WL 2505385 (Mich. App. 2020)
• A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts, 2020 WL 2568536 (Utah 2020)
• One-Year Membership Period Does Not Violate Janus, Molina v. Pennsylvania Social Service Union, 2020 WL 2306650 (M.D. Pa. 2020)
• Employer Required To Bargain When State Passes Paid Family And Medical Leave Law, Whatcom County Deputy Sheriff’s Guild, 2020 WL 2615650 (Wash.Pub.Emp.Rel.Com. 2020)

Don’t miss our special First Thursday bonus podcast: The Challenges Facing Police Unions In Today’s Environment.

• Headlines (00:00:42)
• Ten things police unions should be thinking about doing (00:05:16)
  1. Engage at all levels (00:08:21)
  2. Listen (00:10:38)
  3. Get your message out (00:12:15)
  4. Be proactive (00:20:18)
  5. React professionally (00:23:21)
  6. Meet with local politicians (00:28:43)
  7. Build relationships with other unions (00:29:41)
  8. Establish a community presence (0032:06)
  9. Stop being aligned with one political party (00:37:04)
  10. Create and expand upon your online presence (00:39:45)

Articles mentioned in the podcast:

• AFT and NEA Join Push for National Overhaul of Police Practices
• It’s Time To Bust Police Unions
• If you want police reform, you have to rein in police unions
• It’s Past Time to Examine How Police Unions Protect Bad Cops
• Movement to defund police gains ‘unprecedented’ support across US

1. Status of COVID-19 presumptive causation laws (00:01:39)
2. Hazardous duty pay (00:30:28)
3. The impact on the collective bargaining process (00:34:13)
4. Enforcement of governors’ emergency orders (00:38:27)

• Presumptive Causation Status
• Jacobson v. Massachusetts, 197 U.S. 11 (1905)

• Presumptive Causation
• Hazardous Duty Pay
• FFCRA Paid Leave
• Budget Issues
• Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders?
• Are state lockdown orders constitutional?
  • Gibbons v. Ogden
  • Jacobson v. Massachusetts
• No beard policies and face masks
  https://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/

Different Job Standards Possible For Older And Younger Officers, Melo v. City of Somerville, 2020 WL 1429578 (1st Cir. 2020).

Massive Boston PD Medical Fitness-For-Duty Case Allowed To Proceed, Lacroix v. Boston Police Department, 2020 WL 1877806 (D. Mass. 2020).

Fire Chief Dan Kerrigan talks about how to minimize the risk factors to firefighter health and how they can achieve and maintain what he calls functional fitness. This interview focuses on firefighters but is applicable to all public safety employees and employers.

Topics covered:

New awareness of the importance of firefighter fitness (00:02:35)

Cardiovascular risks and what firefighters can do to prevent them (00:05:40)

Cancer risks for firefighters (00:10:59)

The problem of dehydration (00:14:25)

Study: Effect of Heat Stress and Dehydration on Cardiovascular Function (00:18:36)

Sleep disorders (00:22:26)

Obesity (00:26:06)

Fire Service Joint Labor-Management Wellness-Fitness Initiative (00:24:46)

Dan’s Book: Firefighter Functional Fitness and its 7 recommendations on fitness (00:33:16)

Selecting the right doctors for annual medical examinations (00:33:47)

Privacy concerns with medical examinations (00:38:30)

Functional physical fitness (00:40:14)

Proper hydration (00:42:12)

Sensible nutrition (00:43:55)

Rest and recovery (00:47:55)

Exposure reduction (00:52:29)

Behavioral health resources (00:54:06)

Employee incentives (00:59:22)

How Dan has put his principles into play in his agency (01:01:26)

Will Aitchison interviews Ron DeLord, the founder of Combined Law Enforcement Associations of Texas (CLEAT). In addition to being an attorney and experienced contract negotiator, Ron is a published author and respected historian of the law enforcement labor movement.

Presumptive causation laws

Changes to the California Peace Officer Bill of Rights (California Executive Order N-40-20)

Philadelphia’s contract rollover for police officers

Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight, 2020 WL 966350 (Vt. 2020)

Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630 (Ill. App. 2020)

City of Columbus and Fraternal Order of Police, Capital City Lodge No. 9., 20-1 ARB ¶7530, (Nov. 19, 2019)

Arizona Shifts Standards On PTSD Workers’ Comp Claims, France v. Industrial Commission of Arizona, 2020 WL 772524 (Ariz. App. 2020)

1. Is the employer’s policy centralized? In other words, is there a single document that includes all aspects of your policy as opposed to a dozen different documents in a dozen different forms? (00:01:36)
2. Does the employer have a medical professional available on a 24/7 basis? (00:02:40)
3. Has the employer made arrangements for drive-through or other expedited COVID-19 testing? If so, can asymptomatic employees who are not in any high risk group participate in the testing? (00:03:31)
4. Are vehicles properly stocked with supplies? (N-95 respirator, disposable gloves, gowns, eye protection, contamination bags) (00:04:52)
5. Is the employer required to conduct routine cleaning and disinfection of stations, vehicles, and other work sites? (00:05:56)
6. Does the employer have procedures in place for first responders who encounter an individual who is displaying symptoms consistent with COVID-19? (immediate supervisory review, EMS transport, don’t bring to police station, disposal of PPE, etc.) (00:07:01)
7. If an employee has an on-the-job exposure to an individual who has displayed symptoms consistent with COVID-19 . . . (00:09:40)
   a. Does the policy define what an “exposure” is?
   b. Is the employee required to contact a supervisor?
   c. Will the employee be ordered to leave work? (symptomatic, asymptomatic)
   d. If so, will the employee be ordered to self-quarantine?
   e. If so, for how long?
   f. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
8. If an employee has an on-the-job exposure to an individual who has tested positive for COVID-19 . . . (00:17:13)
   a. Is the employee required to contact a supervisor?
   b. Will the employee be ordered to leave work?
   c. If so, will the employee be ordered to self-quarantine?
   d. If so, for how long?
   e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
9. If an employee displays symptoms consistent with COVID-19 . . . (00:18:25)
   a. Is the employee required to contact a supervisor?
   b. Will the employee be ordered to leave work?
   c. If so, will the employee be ordered to self-quarantine?
   d. If so, for how long?
   e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
10. If an employee has an off-the-job exposure to an individual who has displayed symptoms consistent with COVID-19 . . . (00:20:14)
    a. Is the employee required to contact a supervisor?
    b. Will the employee be ordered to leave work? (symptomatic, asymptomatic)
    c. If so, will the employee be ordered to self-quarantine?
    d. If so, for how long?
    e. How will the employee’s time off work be handled? Special sick leave or administrative leave, a requirement that the employee use her own leave, etc.?
11. If the employee tests positive for COVID-19 but is asymptomatic, what happens? (00:20:43)
12. If an employee tests positive for COVID-19, are other employees who came into contact with that employee notified? (00:22:22)
13. Is the employer requiring doctor’s notes for employees absent from work for COVID-19 reasons? (00:25:07)
14. How will the workers’ compensation/pension system treat employees who test positive for COVID-19? Who are simply exposed to COVID-19? (00:28:14)
15. If the employee is ordered to self-quarantine, will the employer provide a pre-paid quarantine location? (hotel) Do the employer’s quarantine-at-home policies change if the employee lives with one or more individuals who are at risk? (compromised immune system, medical condition, age, etc.) (00:32:29)
16. Is the employer offering flexible schedules for employees with childcare needs caused by COVID-19? (00:35:49)
17. What is the employer’s telecommuting policy? Who can telecommute? (00:41:58)
18. Do first responders receive any form of hazardous duty pay? (00:43:44)
19. How does the policy relate to the employee’s regular leave accrual? (Allowing relaxation of leave accrual caps so an employee doesn’t lose accruals, especially where an employer has cancelled pre-approved leave. Leave borrowing against future accruals for COVID related absences). (00:47:20)
20. If an employer has “opted-in” to the FFCRA for first responders, do those benefits run concurrently with whatever is offered under the employer’s policy? (00:50:33)

The Department of Labor definition of a first responder can be found at https://www.dol.gov/agencies/whd/pandemic/ffcra-questions.

All the links mentioned in the podcast can be found here.

• Firefighters, Facial Hair, The ‘Empty Vessel’ Of Light Duty, And The ‘Driving Calculus of Bureaucracy,’ Bey v. City of New York, 2020 WL 467507 (E.D.N.Y. 2020).
• Promise Of No Discipline? No Weingarten Rights, Fraternal Order of Transit Police, 51 PPER ¶ 51 (Penn. LRB ALJ 2020)
• Another Officer Loses A Brady Lawsuit Against A Prosecutor, Latty v. Polk County Sheriff’s Office, 2020 WL 485526 (D. Ore. 2020).
• Union Lawyer Not Liable To Member For Malpractice Claim, Zander v. Carlson, 2019 IL App (1st) 181868 (Ill. App. 2019)
• Prison Prep Time Compensable Under FLSA, Aguilar v. Management and Training Corp., 2020 WL 547292 (10th Cir. 2020) (Integrity Staffing Solutions, Inc. v. Busk)
• No ‘Error Too Obvious To Be Unintentional’ On The ‘Money Train,’ Washington v. Washington Metro. Area Transit Authority, 2019 WL 6907797 (D.C. Cir. 2019)

LISTEN

First Lawsuit Against Plain View Project Is Dismissed, Pace v. Baker-White, 2020 WL 134316 (E.D. Pa. 2020)

Firefighter Fired For Refusing Vaccination, Accommodation, Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020).

County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019).

Romantic Relationships And Sexual Discrimination, Word v. City of Chicago, 2020 WL 57642 (7th Cir. 2020)

Requiring Pregnant Officer To Use Up Leave Violates Discrimination Law, Delanoy v. Township of Ocean, 2020 WL 38861 (N.J.A.D. 2020)

Officer’s Firing For Facebook Posts Upheld, Venable v. Metropolitan Gov’t of Nashville and Davidson County, 2019 WL 7020353 (M.D. Tenn. 2019).

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Topics covered:

Dr. Conn’s book Increasing Resilience In Police And Emergency Personnel (00:02:44)

What is resilience? (00:06:56)

The four-part formula for resilience (00:11:58)

I. Organizational resilience (00:14:38)

• Steps an employer can take to develop organizational resilience (00:16:34)
• Law Enforcement Mental Health and Wellness Programs: Eleven Case Studies
• Providing wellness resources to employees (00:18:36)
• Positive policies and messaging from employers (00:19:33)

II. Personal resilience (00:22:18)

• Dealing with the impact of shift work on employee health (00:25:21)
• (How can public safety workers develop personal resilience to combat exposure to traumatic events? (00:28:53)
• Making families a part of resilience training (00:31:56)

III. Resilience preparation (00:39:09)

1. Emotional needs (00:39:41)
2. Cognitive and mental (00:44:16)
3. Physical well-being (00:45:28)
4. Spiritual (00:51:34)

IV. Resilience renovation (00:55:12)

• How to develop a peer support team (00:59:52)
• The role of a union in developing resilience (01:02:57)
• The evolving role of mental health professionals in public safety employee wellness (01:05:07)

What is EMDR and how does it work? (01:07:26)

‘No-Contact’ Order Ruled Illegal, Oakdale Police Officers Association v. City of Oakdale, 44 PERC ¶ 99 (Cal. PERB ALJ 2019)

The NLRB Approves Greater Confidentiality in Workplace Investigations

The Department of Labor Issues New Rules On Calculating The Regular Rate of Pay

Employer Required To Bargain Over Many Lexipol Policies, Snohomish County Corrections Guild, 2019 WL 6271824 (Wash. PERC ALJ 2019).

The Standard For A Fitness For Duty Evaluation, Gipson v. Tawas Police Authority, 2019 WL 6876619 (6^th Cir. 2019) (Related case)

County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland, 2019 WL 6720466 (N.Y.A.D. 2019)

LISTEN

• Employer May Not Unilaterally Impose Waiver Of Right To Bargain, Gator Lodge Number 67, FOP v. City of Gainesville, 46 FPER ¶ 169 (Fla. PERC 2019).
• Not Improper ‘Direct Dealing’ For Negotiators To Have Sidebar Discussion, Jamison v. East Lake Tarpon Special Fire Control District, 46 FPER ¶ 153 (Fla. PERC Gen. Coun. 2019)
• Firefighter Staffing Per Shift Negotiable, City of Everett v. PERC, 2019 WL 5541502 (Wash. App. 2019).
• Pre-Statement Video Review Is A Negotiable Topic, Fraternal Order of Police v. City of Pittsburgh, Case No. PF-C-18-27-W (Pa. LRB ALJ 2019)
• Arbitration Panel Rules In Favor Of Pre-Statement Review Of Video, City of Newton, JLMC 17-6002 (McSpiritt, 2019)

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News articles:

Alaska State Troopers find fix for hiring woes: More pay https://www.adn.com/alaska-news/crime-courts/2019/11/07/pay-hikes-drive-surge-of-job-seekers-to-alaska-state-troopers/

Hennepin County Attorney’s Office on New Protocol: ‘No Privacy Rights in a Criminal Investigation’
https://alphanewsmn.com/hennepin-county-attorneys-office-on-new-protocol-no-privacy-rights-in-a-criminal-investigation/

Nevada Highway Patrol Association becomes the third group of state employees to unionize
https://www.rgj.com/story/news/politics/2019/10/18/nhp-troopers-join-push-unionize-under-new-law/4022638002/

Cases:

‘Witness’ Officer Entitled To Weingarten Representative, Bardelas v. City of Doral, 46 FPER ¶ 91 (Fla. PERC 2019).

Corrections Officers Win $113 Million In Wage-And-Hour Lawsuit, Hootselle v. Missouri Dept. of Corrections, 2019 WL 4935933 (Mo. App. 2019).
(Referenced case: Integrity Staffing Solutions, Inc. v. Busk, https://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf)

Favored Treatment To Fellow Officer Violates Ethics Statute, McGovern v. State Ethics Commission, 2019 WL 5078447 (Mass. App. 2019).

Termination For Theft ‘Shocks Conscience” Of Court, Matter of Arroyo v O’Neill, 2019 NY Slip Op 06568 (A.D. 2019).

Staying on this topic, Will talks about an article from the Omaha World-Herald on the workforce shortages in public employment in the state of Nebraska.

Cases covered this month:

When Is Harassing Conduct ‘Severe’ Enough? Perry v. Slensby, 2019 WL 3409894 (S.D.N.Y. 2019)

Sergeant’s $1.9 Million Verdict Reduced To $2,700, Holt v. Commonwealth of Pennsylvania, 2019 WL 3021798 (3rd Cir. 2019)

Sheriff’s Department Can Provide Brady List To Prosecutor, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2019 WL 4009133 (Cal. 2019)

LISTEN

Cases:

Employer Must Provide Information Before, Not After, Loudermill Hearing, Town of Auburn, 2019 WL 3574289 (MA LRC ALJ 2019)

Personality Traits Not Protected By ADA, Donley v. Village of Yorkville, 2019 WL 3817054 (N.D.N.Y. 2019)

Trooper’s Garrity Rights Violated, State of Nebraska v. Kober, 2019 WL 3215942 (Neb. App. 2019)

In Some Parts Of The Country, Patronage Is Still Legal, Jones v. Lamkin, 2019 WL 3183635 (11th Cir. 2019)

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Cases covered this month:

‘Exploding’ Offers Can Be Bad-Faith Bargaining, City of Arcadia (2019) PERB Decision No. 2648-M (Cal. PERB 2019).

No Privacy Rights To Flash Drive Plugged Into Employer’s Computer, Edwards v. State of Florida, 2019 WL 2607376 (Fla. App. 2019).

Not Against Public Policy To Reinstate Dishonest Corrections Officer, Monroe County Correctional Facility v. Teamsters Local 773, 2019 WL 2587689 (Penn. Cmwlth. 2019).

LISTEN

• Deputy Cannot Sue Prosecutor For Wrongful Placement On Brady List, Harris v. Chelan County Sheriff’s Department, 2019 WL 1923924 (E.D. Wa. 2019).
• Seniority Prevails Over ADA For Day Off Selection, McIntyre v. Washington Metropolitan Area Transit Authority, 2019 WL 2120324 (D.D.C. 2019).
• The ADA And Light Duty Jobs, Garvey v. Sullivan, 2019 WL 2142530 (2nd Cir. 2019).
• Destruction Of Disciplinary Records Violates Public Policy, City of Chicago v. Fraternal Order of Police, Lodge 7, 2019 WL 2052887 (Ill. App. 2019).
• Iowa Collective Bargaining Cuts Upheld By Court, AFSCME Iowa Council 61 v. State of Iowa, 2019 WL 2147339 (Iowa 2019).

LISTEN

He also covers the following cases:

• Employer Cannot Refuse To Negotiate With Union’s Lawyer, FOP, Lodge 109 v. SEPTA, 50 PPER ¶ 7 (Penn. LRB 2019)
• ‘Do Not Apply’ Alert Is Protected Union Speech, City of Santa Maria, 43 PERC ¶ 161 (Cal. PERB ALJ 2019)
• Discipline Outside Of Statutory Time Frames Is ‘An Absolute Nullity,’ Pozzo v. Department of Police, 2019 WL 1473500 (La. App. 2019)

LISTEN

Full list of cases:

• How Miranda and Garrity Relate To Each Other, State of Florida v. Socarras, 2019 WL 1548623 (Fla. Dist. Ct. App. 2019).
• HIPAA Forms Can Violate Americans With Disabilities Act, Nawara v. County of Cook, 2019 WL 1399972 (N.D. Ill. 2019).
• Lengthy Placement On Administrative Leave Violates Past Practice, San Francisco POA, ERD 38-17-3293 (Burdick 2019).

LISTEN

LISTEN

California Supreme Court Ducks (For Now) Major Retirement Question But Allows End To ‘Air Time,’ Cal Fire Local 2881 v. California Public Employees’ Retirement System, 2019 WL 1008413 (Cal. 2019).

Exclusionary Rule Does Not Apply In Disciplinary Appeal, Ramirez v. State Personnel Board, 2019 WL 948970 (Cal. App. 2019).

DROP Benefits Can Be Prospectively Reduced, Eddington v. Dallas Police and Fire Pension System, 2019 WL 1090799 (Tex. 2019).

Anti-Union Animus, Not Profanity, True Basis For Firing, Lawrence County, 50 PPER ¶ 50 (Penn. LRB ALJ 2019).

Janus Does Not Impact Union’s Status As ‘Exclusive Representative,’ Mentele v. Inslee, 2019 WL 924815 (9th Cir. 2019).

LISTEN

This weeks cases include:

• Blanket ‘Gag Order’ Violates Bargaining Law, Santa Clara County Correctional Peace Officers’ Association, 43 PERC ¶ 104 (Cal. PERB 2018).
• Denial Of Transfer Can Be ‘Adverse Employment Action,’ Yee v. Massachusetts State Police, 2019 WL 347521 (Mass. 2019).
• Arbitrator’s Decision To Reinstate Officer Survives ‘Public Policy’ Argument, City of Richfield v. Law Enforcement Labor Services, Inc., 2019 WL 575866 (Minn. 2019).

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Choose the Premium Podcast or Public Safety Labor News subscription options.

This month’s cases include:

• What Does ‘Substantial’ Evidence Mean? Conley v. City of St. Louis, 561 S.W.3d 848 (Mo. App. 2018).
• The Employer Interviewing Union’s Witnesses: What Are The Rules? Commerce City Employees Association, 43 PERC ¶ 89 (Cal.PERB 2018).
• Chief Ordered To Sign POST Waiver, City of Shreveport v. Shreveport Municipal Fire and Police Civil Service Board, 2019 WL 209560 (La. App. 2019).

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• Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds, Cleveland Police Patrolmen’s Association, AAA #01-17-0003-7910 (James Rimmel 2018).
• Unions And The Duty Of Fair Representation, Wayne County Sheriff’s Association, 32 MPER ¶ 26 (Mich. ERC 2018).
• Because Of Disciplinary Impact, Body Cameras Are Negotiable, AFSCME, Local 61 v. State of Nebraska, 2018 WL 5846045 (Neb. CIR 2018).

LISTEN

First Post-Janus Cases Decided

A variety of lawsuits have been filed across the country in the wake of the Supreme Court’s decision in Janus v. AFSCME. Court decisions have now been issued in three of cases.

• Need Unions Refund Fair Share Dues Collected Before Janus? Need Unions Refund Fair Share Dues Collected Before Janus? Danielson v. AFSCME Council 28, No. 3:18-cv-05206-RJB (W.D. Wa. 2018)
• Can An Employer Cancel All Union Dues Until Employees Sign New Authorizations? AFSCME Local 3277 v. City of Rio Rancho, 2018 WL 6047494 (NM PELRB 2018)
• Can Employees Cancel Fixed-Term Dues Authorizations? Smith v. Contra Costa County, 2018 WL 6072806 (N.D. Cal. 2018)

This month’s other cases include:

• Who Are ‘Comparable Employees’ For Discrimination Purposes? Robinson v. City of Cleveland, 2018 WL 6039236 (6th Cir. 2018)
• Whether Accommodation Is ‘Reasonable’ May Depend On CBA, Faulkner v. Douglas County, 2018 WL 4936390 (8th Cir. 2018)
• Supreme Court Finds Small Public Employers Subject To Age Discrimination Law, Mt. Lemmon Fire District v. Guido, 2018 WL 5794639 (Sup. Ct. 2018)

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This month’s cases include:

• To What Due Process Are Chiefs Owed, And When?, Straub v. City of Spokane, 738 Fed.Appx. 392 (9th Cir. 2018).
• Pennsylvania Sorts Out Cancer Presumption, With Difficulty, City of Philadelphia v. Workers’ Compensation Appeal Board, 2018 WL 5046516 (Penn. 2018).
• What Are The Employer’s Choices When An Employee Asserts Weingarten Rights? Metropolitan Alliance of Police, 35 PERI ¶ 56 (Ill. ELRB 2018).
• Garrity Is Not A ‘License To Commit Crimes,’ State v. Noguiera, 2018 WL 4924533 (N.J. App. 2018).
• Kentucky Sticks With ‘Firefighters Rule,’ Norfolk Southern Railway Company v. Johnson, 554 S.W.3d 315 (Ky. 2018).

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This month’s cases:

• What Happens If You Can’t Agree Whether Bargaining Should Be In Public? Lincoln County, 2018 WL 4292910 (Wash. PERC 2018).
• Court Finds San Francisco Use Of Force Policy Not Negotiable, San Francisco Police Officers’ Association v. San Francisco Police Commission, 2018 WL 4611595 (Cal. App. 2018).
• Barring Criticism Of City Is Unlawful ‘Prior Restraint’ Of Speech, Barone v. City of Springfield, 2018 WL 4211169 (9th Cir. 2018).
• Forced Overtime Policy Violates FMLA, Nelson v. Allegheny County, 2018 WL 4259332 (W.D. Pa. 2018).

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• FOP’s Attempt To Intervene In Consent Decree Case Untimely, State of Illinois v. City of Chicago, 2018 WL 3920816 (N.D. Ill. 2018).
• Citizen’s Initiative Cannot Be An End-Run Around The Bargaining Process, Boling v. PERB, 2018 WL 3654148 (Cal. 2018).
• Supreme Court Narrows Cell Phone Searches Even Further, Carpenter v. United States, 585 U.S. ____ (2018).
• No Violation Of Public Policy To Reinstate Officer Guilty Of Poor Performance, City of Crystal Lake v. Metropolitan Alliance of Police, 2018 Il. App.2d 170192-U (Ill App. 2018).

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Las Vegas Pay-To-Play System

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The big news this month is, of course, the Supreme Court’s Janus decision. Will discusses the court’s reasoning behind the decision, its immediate effects, and how public safety unions should deal with it.

Will also reviews the following court decisions:

• No Duty Of Fair Rep In Criminal Cases, Cooke v. Palm Beach County PBA, 44 FPER ¶ 313 (Fla. PERC Gen. Counsel 2018)
• Corrections Officers Lose Due Process Claim For Safe Workplace, Correction Officers’ Benevolent Association v. City of New York, 2018 WL 2435178 (S.D.N.Y. 2018)
• Warrantless Search Of Officer’s Cell Phones Was Reasonable, Huff v. Harness, 2018 WL 2434329 (E.D. Ark. 2018)

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• Refusal To Change Report Not Protected Speech, Davis v. City of Chicago, 2018 WL 2107586 (7th Cir. 2018)
• ‘Site Visits” To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters, IAFF Local 1401 v. City of Santa Rosa, 42 PERC ¶ 119 (Cal. PERB 2018)
• No Weingarten Rights At Quality Control Meeting, Rijos v. Orange County, 44 FPER ¶ 302 (Fla. PERC Gen. Coun. 2018)
• Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018)

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• ‘Site Visits’ To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters v. City of Santa Rosa (Case citation coming soon)
• Firefighter’s Rule Lives On In Washington, Loiland v. State of Washington, 407 P.3d 377 (Wash. App. 2017)
• Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018)

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• The Requirements Of The Duty Of Fair Representation, City of Bridgeport, 2018 WL 1151187 (Ct. Dept. Lab. 2018).
• Hearsay Alone Cannot Justify Disciplinary Decision, In re Corbo, 2018 WL 1095480 (N.J. App. 2018).
• Court Upholds Arbitrator’s Opinion Imposing ‘Reasonable Doubt’ Burden Of Proof, East Dundee and Countryside FPD v. IAFF, Local 4684, 2017 WL 7510741 (Ill. App. 2017).
• ‘Principle Purpose’ Of Body Cameras Not Safety, Denver Police Protective Association v. City and County of Denver, 2018 WL 1007795 (Colo. App. 2018).
• Fire Department’s Email Policies Violate First Amendment, Sprague v. Spokane Valley Fire Department, 2018 WL 547363 (Wash. 2018).

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LISTEN

• Court Finds Fitness-For-Duty Evaluations Violate The ADA, Port Authority Police Benevolent Association, Inc. v. Port Authority of New York and New Jersey, 2017 WL 4838320 (S.D.N.Y. 2017).
• Constitutional Protection For Officer’s Affair, Perez v. City of Roseville, 2018 WL 797453 (9th Cir. 2018).
• The Consequences Of Failing To Carefully Read A Proposal, New England PBA v. City Of Caribou, 2017 WL 6818080 (Maine LRB 2017).

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• Officer Cell Phone Search Case Heading To Trial, Port Authority PBA v. Port Authority of New York and New Jersey, 2017 WL 4403310 (S.D.N.Y. 2017).
• Fire Captain Loses Beach Volleyball Case, DeCohen v. County of Los Angeles, 2018 WL 316864 (Cal. App. 2018).
• Change In Insurance Carrier Not Negotiable Without Substantial Changes In Benefits, City of Hartford and Hartford Police Union, 2017 WL 6813591 (CT.Dept.Lab. 2017).
• Failure To Analyze Evidence Causes County To Lose Termination Case, Dennington v. County of Riverside, 2018 WL 458118 (Cal. App. 2018).
• Arbitration Decision Binding In Later Discrimination Lawsuit, Billings v. Town of Steilacoom, 2018 WL 446213 (Wash. App. 2018).

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This month’s podcast includes:

• What the new tax bill means for public safety agencies and labor organizations.
• Employer Must Negotiate With Union Before Recouping Overpayments, Teamsters Local 839 v. Benton County, 2017 WL 5558495 (Wash. PERC 2017)
• Chicago PD Ordered To Bargain Over Disciplinary Matrix, Fraternal Order of Police, Lodge 7, Case No. L-CA-17-034 (Ill. LRB ALJ 2017)
• ‘Not Every Dismissal Of A Police Officer Is Punitive,’ Thomas v. Pristoop, 2017 WL 5256325 (Md. Spec. App. 2017)

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LISTEN

• Threats Made By Family Of Suspect Shot By Officer Do Not Amount To ‘Extraordinary Stress,’ Burt-Redding v. Town of Grand Chute, 2017 WL 3037553 (Wis. App. 2017)
• Lieutenant’s Speech, Not Membership In Group, Costs Him Job, Doggrell v. City of Anniston, 2017 WL 4340449 (N.D. Ala. 2017)
• Employer Must Bargain Before Changing Past Practice Of Reimbursing For Medicare B Premiums, Albany Police Officers Union v. New York Public Employment Relations Board, 2017 WL 3977628 (N.Y. A.D. 2017)

LISTEN

LISTEN

The following cases are also covered:

• Arbitrator Criticizes City’s Reliance On Lexipol ‘Employee Speech’ Policy, Chiappardi v. City of Austin (Chuck Miller, 2017) (Download decision here: https://lris.com/wp-content/uploads/2017/10/Lexipol.pdf.)
• Emergency Manager Can Alter Retiree Medical Benefits, Serafino v. City of Hamtramck, 2017 WL 3833206 (6th Cir. 2017)

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This month’s cases are:

• Highway Patrol’s Overbroad Policies Violate Free Speech Rights, Moonin v. Tice, 2017 WL 3598083 (9th Cir. 2017)
• Change In Firearm ‘Loaner’ Police Negotiable, IUPA v. Sheriff of Broward County, 44 FPER ¶ 17 (Fla. PERC 2017)
• Violation Of Union’s Bylaws Does Not Amount To ULP, Magnum v. Fraternal Order of Police, Lodge #129, 44 FPER ¶ 10 (Fla. PERC Gen. Coun. 2017)
• Bargaining Law Prevails Over Local Residency Requirement, City of Pittsburgh v. Fraternal Order of Police, 2017 WL 2229859 (Pa. 2017)

LISTEN

LISTEN

Arbitrator’s Award

• Brady And The Privacy Of Personnel Records, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2017 WL 2962901 (Cal. App. 2017)
• Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made, Morgado v. City and County of San Francisco, 2017 WL 2791413 (Cal. App. 2017)
• No Expectation Of Privacy During Raid Of Marijuana Dispensary, Santa Ana Police Officers Association v. City of Santa Ana, 2017 WL 2879796 (Cal. App. 2017)
• No Due Process Requirement For Reprimands, Upchurch v. City of Orange Township, 2017 WL 2536361 (N.J. App. 2017)
• Arbitrator’s ‘Chokehold’ Opinion Upheld, City of Boston v. Boston Police Patrolmen’s Association, 2017 WL 2960815 (Mass. 2017)

LISTEN

Mr. Buschel is also the author of the novel By Silent Majority.

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• Deputies Terminated For ‘Spouse-Swapping,’ Coker v. Whittington, 2017 WL 2240300 (5th Cir. 2017)
• ‘Last Chance’ Agreements Under Civil Service Rules, Whitwer v. Civil Service Commission, 2017 WL 2491646 (Iowa 2017)
• Florida Civilian Review Board Lacks Authority To Subpoena Officers, D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017)
• Longevity/Performance Pay Need Not Be Included In California Retirement Calculations, DiCarlo v. County of Monterey, 2017 WL 2265098 (Cal. App. 2017)

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What Impact Will The AHCA Have On Public Safety Bargaining?

Firefighters, Staffing, And Bargaining, City of Everett, 2017 WL 1423520 (Wash. PERC 2017)

Divided Kansas Court Extends ‘Firefighter’s Rule’ To Police, Apodaca v. Willmore, 392 P.3d 529 (Kan. 2017)

No First Amendment Protection For Safety Complaint Made Through Chain Of Command, Santiago v. New York & New Jersey Port Authority, 2017 WL 1437196 (3rd Cir. 2017)

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• The Fact Witness Cannot Also Conduct Internal Affairs Investigation, City of Oakland, 137 LA 82 (Riggs 2016)
• Firefighter Shift Staffing Levels Negotiable, City of Allentown v. IAFF, Local 302, 2017 WL 1151104 (Penn. 2017)
• Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’, City of Montgomery, BMS 16-PA-0828 (Charlotte Neigh 2017)

LISTEN

• Curious Court Decision Overturning Arbitrator’s Opinion, Forest Preserve District of Cook County v. Illinois Fraternal Order of Police Labor Council, 33 PERI ¶ 91 (lll. App. 2017);
• Use Of Private Cell Phone Can Create Public Record, City of San Jose v. Superior Court, 2017 WL 818506 (Cal. 2017);
• Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017);
• Miami Not Allowed To Unilaterally Change Police Contract Without Bargaining, Headley v. City of Miami, 2017 WL 819740 (Fla. 2017);
• Sheriff’s Hugging Can Be Sexual Harassment, Zetwick v. County of Yolo, 2017 WL 710476 (9th Cir. 2017)

LISTEN

‘Last-Chance’ Agreement Means What It Says, Village of Fox Lake, FMCS 16-00391-1 (Jay Grenig 2016).

Transfer Of Ambulance Services To Contractor Is Negotiable, Lockport Professional Firefighters, 49 PERB ¶ 4578 (NY PERB ALJ 2016).

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Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017)

Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016)

Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016)

LISTEN

LISTEN

• Denver Body-Cam Policy Negotiable, Denver Police Protective Association v. City of Denver, No. 15CV33862 (Colo. Dist. Ct. 2016)
• Grand Juries And Garrity, In re: Misc. 4281, 2016 WL 7031019 (Md. Spec. App. 2016)
• Court Overturns Termination Of Deputy Who Tested Positive For Steroid Metabolites, Orosco v. County of Los Angeles, 2016 WL 6996189 (Cal. App. 2016)

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• Officer Has Privacy Rights In Personal Cellphone, Larios v. Lunardi, 2016 WL 6679874 (E.D. Cal. 2016)
• ‘Absolute Prosecutorial Immunity’ Of DA Shields Even Political Retaliation Against Sergeant, Barnett v. Marquis, 2016 WL 6536621 (9th Cir. 2016)
• Employer Required To Provide Investigative Report To Fire Union, IAFF, Local 55 v. Alameda County Fire Department, 41 PERC ¶ 69 (Cal. PERB ALJ 2016)

Listen

• Will Aitchison gives ten tips for employees facing a disciplinary interview
• Pre-Employment Health History Forms Violate GINA, ADA, EEOC v. Grisham Farm Products, Inc., 2016 WL 3221161 (W.D. Mo. 2016)
• Jacksonville Firefighter Hiring Consent Decree Allowed To Expire, Coffey v. Braddy, 2016 WL 4435614 (11th Cir. 2016)
• Transsexual Officer Win Discrimination Lawsuit, Roberts v. Clark County School District, 2016 WL 5843046 (D. Nev. 2016)
• Court Upholds Constitutionality Of Union Leave Provisions, Cheatham v. City of Phoenix, 2016 WL 4756799 (Ariz. 2016)

Listen

• Fire Captain Discharged For Refusing To Stop Using Department Email For Religious Messages, Sprague v. Spokane Valley Fire Department, 2016 WL 5239627 (Wash. App. 2016)
• Polygraph Examination Is An ‘Interrogation’ Covered By Bill Of Rights, Miller v. City of Gonzales, 2016 WL 4563729 (La. App. 2016)
• Police Board Can Increase Disciplinary Penalty, Lesner v. Police Board, 2016 IL App (1st) 150545 (Ill. App. 2016)
• ‘Entire Agreement’ Proposal Not Mandatory For Bargaining, Village of Skokie, 2016 WL 4036275 (Ill. LRB Gen. Coun. 2016)
• Firefighter Loses ADA Claim To Former Position, Adair v. City of Muskogee, 823 F.3d 1297 (10th Cir. 2016)

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Other cases discussed this month:

• ‘Equal Protection’ Requires Employer To Comply With Own Promotional Rules, Tully v. City of Wilmington, 2016 WL 4362181 (N.C. App. 2016)
• ADA Does Not Require Day Shift Assignment For Trooper, Kirincich v. Illinois State Police, 2016 WL 3958882 (N.D. Ill. 2016)

Listen

• New decision concerning how to calculate the overtime rate under the FLSA, Hernandez v. City of San Gabriel, 2016 WL 3090782 (9th Cir. 2016)
• Decision from Virginia on whether firefighter captains are exempt under the FLSA, Morrison v. County of Fairfax, 2016 WL 3409651 (4th Cir. 2016)
• Florida supreme court holds unconstitutional some limitations on workers’ compensation benefits, Westphal v. City of St. Petersburg, 2016 WL 3191086 (Fla. 2016)
• Decision upholding the right of the state of Wisconsin to ban residency rules at the local governmental level, Black v. City of Milwaukee, 2016 WL 3448194 (Wisc. 2016)
• The relationship between pregnancy discrimination laws and light-duty status, Legg v. Ulster County, 820 F.3d 67 (2nd Cir. 2016)
• Whether or not a labor union has a duty of fair representation to bargain for retroactive wage increases for retirees, Paci v. Pelham Manor Police Association, Inc., 49 PERB ¶ 4547 (NY PERB ALJ 2016)

Listen

• Body-Worn Cameras And Bargaining, City of Oklahoma City (Zane Lumbley, 2016); Montgomery County, Maryland (Ira Jaffee, 2015 and 2016)
• Retirement Forfeiture Violates ‘Excessive Fine’ Clause Of Eighth Amendment, Public Employee Retirement Administration Commission v. Bettencourt, 474 Mass. 60 (Mass. 2016)
• Court Upholds Boston Sergeant Exam Even With Adverse Racial Impact, Lopez v. Nobrega, 2016 WL 2897639 (1st Cir. 2016)
• New Jersey Courts Need Not Necessarily Consider Progressive Discipline, In re Register, 2016 WL 1418127 (N.J. Super. A.D. 2016)
• Disparate Treatment May Be Defense To Dishonesty Termination, Desmond v. Town of West Bridgewater, 2016 WL 3145954 (Mass. Super. 2016)

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UPDATE
As my post on the negotiability of body-worn cameras demonstrates, life on the Internet can be simultaneously chancy and glorious.

Will Aitchison

Montgomery County BWC Arbitration #2

Montgomery County BWC Arbitration

• New FLSA Exemption Rules Are Finally Announced
• The EEOC, The ADA, And Leave
• Incident Reports May Not (Or May) Be Protected By Garrity, United States v. Smith, 2016 WL 1719267 (11th Cir. 2016)
• Selling Shoes On E-Bay Not ‘Misconduct’ Disqualifying Trooper From Unemployment, Huff v. North Carolina Department of Commerce, 2016 WL 1335344 (N.C. App. 2016)
• Deeply Divided Illinois Supreme Court Overturns Rule Shielding Fire, Police, Coleman v. East Joliet Fire Protection District, 2016 IL 117952 (Illinois 2016)
• As Long As Immunity Is Promised, Employer Can Demand Answers To Questions, Homoky v. Ogden, 816 F.3d 448 (7th Cir. 2016)

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• Supreme Court Reinstates Officer’s Free Speech Lawsuit, Heffernan v. City of Paterson, New Jersey, 2016 WL 1627953 (U.S. 2016)
• Court Upholds Constitutionality Of California Factfinding Law, County of Riverside v. PERB, 2016 WL 1238737 (Cal. App. 2016); San Diego Housing Commission v. PERB, 2016 WL 1242539 (Cal. App. 2016)
• Step Increases After A Contract Expires, County of Atlantic, 2016 WL 931269 (N.J. Super. 2016)
• Question on duty of fair representation
• Court Upholds Arbitration Decision Overturning ‘Sexting’ Detective’s Termination, City of Cleveland v. Cleveland Police Patrolmen’s Association, 2016 WL 762702 (Ohio App. 2016)

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• Friedrichs v. California Teachers Association
• Arbitrator Overturns Chicago PD’s Ban On Tattoos, Fraternal Order of Police, Chicago Lodge No. 7, No. 129-15-007 (Jacalyn Zimmerman, 2016)
• The FLSA, Comp Time, And Bargaining, Muttontown Police Benevolent Association, 49 PERB ¶ 4520 (NY PERB ALJ 2016)
• Wrongful Release Of Brady Information ‘Adverse Action’ For Employment Purposes, Cleavenger v. University of Oregon, 2016 WL 814810 (D. Or. 2016)

• Will tackles a question on physical fitness standards testing and HIPAA
• When Must An Employer Bargain Over The ‘Effects’ Of A Management Right? El Dorado County Deputy Sheriff’s Association, 2016 WL 542342 (Cal. App. 2016)
• Ex-fire chief sues over firing, www.dailyastorian.com/Local_News/20160125/ex-fire-chief-sues-over-firing
• Court Reverses Trooper’s Suspension For Failing To Take Action, New Jersey State Police, 2016 WL 674191 (N.J. App. 2016)
• What Is Reasonable Notice Of Disciplinary Charges? Ellins v. City of Sierra Madre, 2016 WL 337383 (Cal. App. 2016)
• Segal Consulting 2016 Health Plan Cost Trends Survey, www.segalco.com/media/2139/me-trend-survey-2016.pdf

• The Department of Labor’s new overtime rules.
• The latest on Friedichs case and the future of “Fair Share”
• The possible effects of PERF’s 30guidingprinciples report
• No ‘Special Rights’ To Light Duty For Pregnant Employees, McQuiston v. City of Clinton, No. 14-0413 (Iowa 2015)
• Chicago Police Win The BlackBerry Battle, Lose The War, Allen v. City of Chicago, 2015 WL 8493996 (N.D. Ill. 2015)
• Court Overturns Arbitrator’s Award Eliminating Pittsburgh Residency Requirement, City of Pittsburgh v. Fraternal Order of Police, 2016 WL 72742 (Penn. Cmwlth. 2016)

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• Boston PD Rank-Ordered Promotions Held Discriminatory, Smith v. City of Boston, 2015 WL 7194554 (D. Mass. 2015)
• ‘Disrespectful Speech’ May Be Protected By Labor Laws, Borough of Carteret, 42 NJPER ¶ 66 (NJ PERC 2015)
• Court Rejects ‘Passive Inhalation’ Argument, Bennett v. McCarthy, 2015 IL App (1st) 143291-U (Ill. App. 2015)
• Mentioning Probationary Status Triggers Weingarten Rights, New York State Correctional Officers and PBA, 48 PERB ¶ 4602 (NY PERB ALJ 2015)
• Not All Untruthfulness Should Lead To Termination, Wetherington v. North Carolina Department of Public Safety, 2015 WL 9257697 (NC 2015)

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Listen

• City May Recoup Costs From Former Peace Officer For Peace Officer Standards And Training (“POST”) Certification, In re Acknowledgment Cases, 239 Cal.App.4th 1498 (2015)
• In Georgia, Deputy Sheriffs Can Be Fired For Political Reasons, Gonzalez v. Hasty, 802 F.3d 212 (2015)
• Injury While On Union Leave, Coffey v. Braddy, 88 F.Supp.3d 1283 (2015)

Links to websites mentioned in the podcasts:

• ACLU Mobile Justice App
• National Police Misconduct Reporting Project
• Check The Police

• Major Brady Case From Texas, Brown v. Nero, 2015 WL 5666172 (Tex. App. 2015)
• Questioning About Use Of Force Incident Triggers Weingarten Rights, New York State Correctional Officers, 48 PERB ¶ 4546 (NY PERB ALJ 2015)
• How The Two-Part Test For Garrity Applies To Field Interviews, People v. Grabowski, 16 NYS 3d 434 (NY Sup. 2015)
• Presumption That Prostate Cancer Caused By Job Rebutted By Employer, Haskins v. Kern County Employees’ Retirement Association, 2015 WL 5682424 (Cal. App. 2015)
• Bill Of Rights Does Not Apply To Independent DA Investigation, Lopez v. City of Scotts Valley, 2015 WL 5692369 (Cal. App. 2015)
• Complaint About Chief’s Affairs Not Protected Speech, Young v. Township of Irvington, 2015 WL 6123228 (3rd Cir. 2015)

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• The Negotiability Of A Disciplinary Matrix, Middletown Borough Police Officers Association, 47 PPER ¶ 30 (Penn. LRB 2015)
• Acquittal In Criminal Case Does Not Mean Firefighter Could Not Be Fired, City of Seattle, (Lankford 2015)
• Deputy Sheriff Can Be Fired For Conduct While On Unpaid Leave, Negron v. Los Angeles County Civil Service Commission, 2015 WL 5146622 (Cal. App. 2015)
• Court Rejects FOIA Requests For Race, Gender Of Supervisors With IA Complaints, Fraternal Order of Police v. District of Columbia, 2015 WL 5474117 (D.C. App. 2015)
• Court Upholds Arbitrator’s Decision Allowing Officer To Work In Bar, Township of Wilkins v. Wage Policy Committee, 2015 WL 5438860 (Pa. Cmwlth. 2015)
• No FLSA Compensation For Time Spent By Visiting Firefighters Picking Up Safety Gear From Home Station, Balestrieri v. Menlo Park Fire Protection District, 2015 WL 5166732 (9th Cir. 2015)

• Review of the Department of Labor’s rule changes concerning who is exempt from overtime under the FLSA
• A Cleveland firefighter was ordered to pay $2,500 for personal calls on city phone
• San Jose mayor changes position on police officers paying training costs
• Daily log is not a “personnel file” for purposes of firefighter bill of rights, Poole v. Orange County Fire Authority, 2015 WL 4998965 (Cal. 2015)
• Texas Disciplinary Procedures Even Apply To At-Will Employees, Staff v. Colorado County, Texas, 2015 WL 4930546 (Tex. App. 2015)
• Firefighter Staffing: What’s Negotiable? City of Allentown, 2015 WL 4680890 (Penn. Cmwlth 2015)

The post Interview With Steve Bukaty On Brady And Giglio appeared first on Labor Relations Information System.

• The ‘Firefighter’s Rule’ Marches On, Nagy v. Arsenault, 2015 WL 3685212 (Conn. Super. 2015)
• Payroll System Failures No Defense To FLSA Violation, Souryavongv. Lackawanna County, 2015 WL 3409472 (M.D. Pa. 2015)
• Administrative Leave Can Last Too Long, City of Waltham v. Waltham Police Patrol Officers’ Union, 2015 WL 3755905 (Mass. App. 2015)
• Union Entitled To Copy Of Complaint Against Member, Foothill De Anza Faculty Association, 40 PERC ¶ 14, 40 (Cal. PERB ALJ 2015)
• No Privacy Rights In On-Duty Affair, Perez v. City of Roseville, 2015 WL 3833749 (Cal. App. 2015)
• Correcting Lie During Same Interview Saves Officer’s Job, City of Hutchinson, 134 LA 1683 (Sinclair Kossof 2015)
• Arbitration Decision Can Be Basis For Removal From Brady List, Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)

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• Supreme Court To Hear Case Threatening Public Employee Unions, Friedrichs v. California Teachers Association
• No Right For Non-Members To Vote On Contract, AFSCME Council 25 v. Yunkman, 2015 WL 3505668 (Mich. App. 2015)
• The Department of Labor Issues Draft FLSA Exemptions Regulation
• Health Care Cashback, Merit Pay Must Be Included In FLSA Overtime Rate, Callahan v. City of Sanger, 2015 WL 2455419 (E.D. Cal. 2015)
• Split Decision On Firefighter Facebook Terminations, Buker v. Howard County, 2015 WL 3456750 (D. Md. 2015)
• Miranda Warnings Trigger Weingarten Rights, Sheriff of Cook County, 31 PERI ¶ 199 (Ill. LRB Gen. Coun. 2015)

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• Illinois Supreme Court Strikes Down Pension Reform Legislation, In re Pension Reform Litigation, 2015 IL 118585 (Ill. 2015)
• San Bernardino Allowed To Cancel Contract With Firefighters’ Union, May Privatize Department, In re City of San Bernardino, California, 2015 WL 2153448 (C.D. Cal. 2015)
• Sheriff Ordered To Sign Collective Bargaining Agreement, Sheriff of Lee County, Order No. 15U-098 (Fla. PERC 2015)
• Political Patronage OK In North Carolina Sheriff’s Office, Young v. Bailey, 2015 WL 1788730 (N.C. App. 2015)
• ADA Does Not Require Light Duty Corrections Job, Spears v. Creel, 2015 WL 1651646 (11th Cir. 2015)
• Arbitration Not So Binding In Rhode Island, Department of Corrections v. Rhode Island Brotherhood of Correctional Officers, 2015 WL 2260930 (R.I. 2015)

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DOWNLOAD THE BRADY CHAPTER FROM THE NEW EDITION OF THE RIGHTS OF LAW ENFORCEMENT OFFICERS

• The negotiability of workplace cameras, IAFF, Local 3315 v. Snohomish Fire District 3, 2015 WL 1013220 (Wash. PERC 2015)
• Arbitrator’s reinstatement of officer in excess force case does not violate public policy, City of Bloomington v. Policemen’s Benevolent and Protective Association, 2015 IL App (4th) 140192-U (Ill. App. 2015)
• Union can assume city’s negotiators have authority, City of Springfield, 31 PERI ¶ 145 (Ill. LRB 2015)
• California court partially upholds pension reductions, Protect Our Benefits v. City and County of San Francisco, 2015 WL 1404952 (Cal. App. 2015)
• Dallas dispatcher can be fired for running for office, Phillips v. City of Dallas, 2015 WL 1449903 (5th Cir. 2015)

Cases discussed:

• Firefighter Wins Age Discrimination, GINA Claims, Lee v. City of Moraine Fire Department, 2015 WL 914440 (S.D. Ohio 2015)
• Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law, Kennedy v. Gray, 2015 WL 1283541 (D.D.C. 2015)
• Officers Can Win Termination Arbitration And Lose Certification, Fraternal Order of Police Metro Transit Police Labor Committee, Inc. v. Washington Metropolitan Area Transit Authority, 2015 WL 1019650 (4th Cir. 2015)
• No Defamation Lawsuit For Statements Made In Disciplinary Investigation, Fiore v. Town of Whitestown, 2015 WL 600761 (N.Y.A.D. 2015)
• FDNY ‘Black Sunday’ Firefighters Allowed To Bring Safety Claims, Stolowski v. 234 East 178th Street LLC, 2015 WL 869346 (N.Y. A.D. 2015)

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Covered in this month’s podcast:

• The implications of a very important shift work study
• Are personal Cell phone records public documents
• Social media policy and discipline
• Wall Street Journal Article on using arbitration in police discipline
• Boston PD hair tests ruled invalid, Read decision
• Florida Court finds that mediation should be open to public, Brown v. Denton, 2014 WL 5333480 (Fla. App. 2014)
• Union misses deadline, loses 4% raise, Borough of Gettysburg v. Teamsters Local No. 776, 2014 WL 5462462 (Penn. Cmwlth. 2014)

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Featured in this month’s podcast:

• A review of contract negotiations with the nation’s three largest cities – New York, Los Angeles and Chicago.
• Massachusetts to pay $2.1 million to settle state trooper overtime suit
• No constitutional ban on raising pension contributions for firefighters, Taylor v. City of Gadsden, 2014 WL 4548614 (11th Cir. 2014)
• Toledo not allowed to unilaterally modify contract provisions, Toledo Police Command Officers’ Association v. SERB, 2014 WL 4824268 (Ohio App. 2014)
• No second try for employer in drug case, California Department of Corrections and Rehabilitation v. California State Personnel Board, 2014 WL 4723329 (Cal. App. 2014)
• Union Loses Request For Tro To Stop Investigation Of President, State Troopers Fraternal Association of New Jersey, Inc. v. State of New Jersey, 2014 WL 4495130 (3rd Cir. 2014)

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In this month’s podcast, Will covers a federal bankruptcy judge ruling that upends the widely held belief that public workers’ pensions have a special status in California that makes them impossible to cut, further chipping away at the idea that pensions are sacrosanct in a municipal bankruptcy.

Also discussed:

• California Courts Continue Hard Line On Officer Dishonesty
  Gore v. San Diego County Civil Service Commission, 2014 WL 4628022 (Cal. App. 2014)
• ‘Cantankerous’ Officer Loses ADA Claims
  Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014)
• Surveillance Does Not Violate Deputy’s Privacy Rights
  Brock v. Dunning, 288 Neb. 909 (2014)
• Fire Chief exempt from FLSA
  Trout v. Village of Westmont, 2014 WL 4770555 (N.D. Illinois 2014)
• Officer Loses Duty Disability Claim By Trying To Bench Press Too Much
  Shafer v. Lake in the Hills Pension Board, 2014 IL App (2d) 131002-U (Ill. App. 2014)

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Here is the list of Brady arbitration decisions mentioned in the podcast:

• City of Elma, Washington (Thomas Levak, 2013)
• Wyandotte County/Kansas City, Kansas, FMCS #130114-52556-7 (Jerome Diekemper 2013)
• Franklin County Sheriff’s Office, 127 LA 283 (Felicio 2010)
• County of Stanislaus, 128 LA 592 (Pool. 2010)

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noEach month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. In this month’s podcast, Will covers a federal bankruptcy judge ruling that upends the widely held belief that public workers’ pensions have a special status in California that makes them impossible to cut, further chipping away at the idea that pensions are sacrosanct in a municipal bankruptcy. Also discussed: California Courts Continue Hard Line On Officer Dishonesty Gore v. San Diego County Civil Service Commission, 2014 WL 4628022 (Cal. App. 2014) ‘Cantankerous’ Officer Loses ADA Claims Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014) Surveillance Does Not Violate Deputy’s Privacy Rights Brock v. Dunning, 288 Neb. 909 (2014) Fire Chief exempt from FLSA Trout v. Village of Westmont, 2014 WL 4770555 (N.D. Illinois 2014) Officer Loses Duty Disability Claim By Trying To Bench Press Too Much Shafer v. Lake in the Hills Pension Board, 2014 IL App (2d) 131002-U (Ill. App. 2014) http://d33ejgwsompntb.cloudfront.net/2014_10.m4a Download the podcast (Use this link to listen on Apple devices) Here is the list of Brady arbitration decisions mentioned in the podcast: City of Elma, Washington (Thomas Levak, 2013) Wyandotte County/Kansas City, Kansas, FMCS #130114-52556-7 (Jerome Diekemper 2013) Franklin County Sheriff’s Office, 127 LA 283 (Felicio 2010) County of Stanislaus, 128 LA 592 (Pool. 2010) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailEach month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. In this month’s podcast, Will covers a federal bankruptcy judge ruling that upends the widely held belief that public workers’ pensions have a special status in California that makes them impossible to cut, further chipping away at the idea that pensions are sacrosanct in a municipal bankruptcy. Also discussed: California Courts Continue Hard Line On Officer Dishonesty Gore v. San Diego County Civil Service Commission, 2014 WL 4628022 (Cal. App. 2014) ‘Cantankerous’ Officer Loses ADA Claims Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014) Surveillance Does Not Violate Deputy’s Privacy Rights Brock v. Dunning, 288 Neb. 909 (2014) Fire Chief exempt from FLSA Trout v. Village of Westmont, 2014 WL 4770555 (N.D. Illinois 2014) Officer Loses Duty Disability Claim By Trying To Bench Press Too Much Shafer v. Lake in the Hills Pension Board, 2014 IL App (2d) 131002-U (Ill. App. 2014) http://d33ejgwsompntb.cloudfront.net/2014_10.m4a Download the podcast (Use this link to listen on Apple devices) Here is the list of Brady arbitration decisions mentioned in the podcast: City of Elma, Washington (Thomas Levak, 2013) Wyandotte County/Kansas City, Kansas, FMCS #130114-52556-7 (Jerome Diekemper 2013) Franklin County Sheriff’s Office, 127 LA 283 (Felicio 2010) County of Stanislaus, 128 LA 592 (Pool. 2010) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/09/first-thursday-september-2014/ Thu, 04 Sep 2014 18:14:51 +0000 http://www.lris.com/?p=8537 https://lris.com/podcasts/first_thurs/2014/09/first-thursday-september-2014/#respond https://lris.com/podcasts/first_thurs/2014/09/first-thursday-september-2014/feed/ 0 Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law.

Featured in this month’s podcast:

• The looming crisis in police recruitment
• Illinois post-retirement health insurance constitutionally protected – Kanerva v. Weems, 2014 IL 115811 (Ill. 2014)
• Philadelphia’s long-standing ban on police PAC contributions struck down – Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, 2014 WL 4056694 (3rd Cir. 2014)
• California Bill of Rights limitations statute begins running before officer is identified – Pedro v. City of Los Angeles, 2014 WL 4181813 (Cal. App. 2014)
• LAPD officer wins $2.8 million in retaliation suit – Torres v. City of Los Angeles, 2014 WL 4235967 (Cal. App. 2014)
• Civilian employee loses ‘equal pay for equal work’ lawsuit – Viana v. Knight, 2014 WL 4101700 (M.D. Fla. 2014)

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noEach month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. Featured in this month’s podcast: The looming crisis in police recruitment Illinois post-retirement health insurance constitutionally protected – Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) Philadelphia’s long-standing ban on police PAC contributions struck down – Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, 2014 WL 4056694 (3rd Cir. 2014) California Bill of Rights limitations statute begins running before officer is identified – Pedro v. City of Los Angeles, 2014 WL 4181813 (Cal. App. 2014) LAPD officer wins $2.8 million in retaliation suit – Torres v. City of Los Angeles, 2014 WL 4235967 (Cal. App. 2014) Civilian employee loses ‘equal pay for equal work’ lawsuit – Viana v. Knight, 2014 WL 4101700 (M.D. Fla. 2014) http://d33ejgwsompntb.cloudfront.net/2014_09.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailEach month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. Featured in this month’s podcast: The looming crisis in police recruitment Illinois post-retirement health insurance constitutionally protected – Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) Philadelphia’s long-standing ban on police PAC contributions struck down – Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, 2014 WL 4056694 (3rd Cir. 2014) California Bill of Rights limitations statute begins running before officer is identified – Pedro v. City of Los Angeles, 2014 WL 4181813 (Cal. App. 2014) LAPD officer wins $2.8 million in retaliation suit – Torres v. City of Los Angeles, 2014 WL 4235967 (Cal. App. 2014) Civilian employee loses ‘equal pay for equal work’ lawsuit – Viana v. Knight, 2014 WL 4101700 (M.D. Fla. 2014) http://d33ejgwsompntb.cloudfront.net/2014_09.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/08/first-thursday-august-2014/ Wed, 06 Aug 2014 22:19:08 +0000 http://www.lris.com/?p=8406 https://lris.com/podcasts/first_thurs/2014/08/first-thursday-august-2014/#respond https://lris.com/podcasts/first_thurs/2014/08/first-thursday-august-2014/feed/ 0 Included in this month’s podcast:
• A roundup of recent labor contract signings
• Federal appeals court upholds verdict against fire union
• In absence of binding promise, no protection for post-retirement insurance
• Kansas court limits ability to appeal discipline to civil service boards
• LAPD officer wins FLSA retaliation lawsuit
• No remedy for violation of IA non-disclosure law
• The importance of intent in termination cases
• Weingarten rights apply to written statements

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noIncluded in this month’s podcast: A roundup of recent labor contract signings Federal appeals court upholds verdict against fire union In absence of binding promise, no protection for post-retirement insurance Kansas court limits ability to appeal discipline to civil service boards LAPD officer wins FLSA retaliation lawsuit No remedy for violation of IA non-disclosure law The importance of intent in termination cases Weingarten rights apply to written statements http://d33ejgwsompntb.cloudfront.net/2014_08.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailIncluded in this month’s podcast: A roundup of recent labor contract signings Federal appeals court upholds verdict against fire union In absence of binding promise, no protection for post-retirement insurance Kansas court limits ability to appeal discipline to civil service boards LAPD officer wins FLSA retaliation lawsuit No remedy for violation of IA non-disclosure law The importance of intent in termination cases Weingarten rights apply to written statements http://d33ejgwsompntb.cloudfront.net/2014_08.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/07/first-thursday-july-2014/ Mon, 07 Jul 2014 20:41:32 +0000 http://www.lris.com/?p=8254 https://lris.com/podcasts/first_thurs/2014/07/first-thursday-july-2014/#respond https://lris.com/podcasts/first_thurs/2014/07/first-thursday-july-2014/feed/ 0 In this month’s First Thursday podcast, Will discusses the impact of three major Supreme Court decisions dealing with ‘Fair Share’, cell phone searches and Garcetti.

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noIn this month’s First Thursday podcast, Will discusses the impact of three major Supreme Court decisions dealing with ‘Fair Share’, cell phone searches and Garcetti. http://d33ejgwsompntb.cloudfront.net/2014_07.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailIn this month’s First Thursday podcast, Will discusses the impact of three major Supreme Court decisions dealing with ‘Fair Share’, cell phone searches and Garcetti. http://d33ejgwsompntb.cloudfront.net/2014_07.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/06/supreme-court-rejects-request-hold-fair-share-unconstitutional/ Mon, 30 Jun 2014 18:22:09 +0000 http://www.lris.com/?p=8210 https://lris.com/podcasts/first_thurs/2014/06/supreme-court-rejects-request-hold-fair-share-unconstitutional/#respond https://lris.com/podcasts/first_thurs/2014/06/supreme-court-rejects-request-hold-fair-share-unconstitutional/feed/ 0 In what some have termed the most significant labor case in years, the United States Supreme Court has rejected a request to hold “fair share” assessments unconstitutional.

“Fair share” assessments occur under the laws of 20 states which not only grant public employees the right to bargain, but also impose upon unions the duty to fairly represent all members of their bargaining units. Under “fair share” provisions, non-union members who benefit from the union’s performance of its duty (through contract negotiations and grievance handling, for example) must pay their “fair share” of the costs of negotiating and administering the contract, but cannot be assessed any fees for the union’s political activity.

The case the Supreme Court was considering was Harris v. Quinn, and like many challenges in recent years to union dues, was being litigated by the National Right to Work Legal Defense Foundation, an organization which has received significant funding and assistance from groups founded by Charles and David Koch. The employees in Harris worked in Illinois’ Home Services Program, which allows Medicaid recipients who would normally need institutional care to hire a “personal assistant” to provide homecare services.

Under State law, the homecare recipients (designated “customers”) and the State both play some role in the employment relationship with the personal assistants. Customers control most aspects of the employment relationship, including the hiring, firing, training, supervising, and disciplining of assistant, and define job duties by proposing a “Service Plan.” Other than compensating the personal assistants, the State’s involvement in employment matters is minimal. Its employer status was created by executive order, and later codified by the legislature, solely to permit assistants to join a labor union and engage in collective bargaining under Illinois’ Public Labor Relations Act.

When the case was accepted by the Supreme Court, the Right To Work Foundation asked the Court to use Harris to overturn Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), the almost 40-year old Supreme Court decision finding that “fair share” rules did not violate the free speech guarantees of the First Amendment. When the case was orally argued before the Court in January 2014, there were some questions whether all five members of the reliably conservative wing of the Court were ready to overturn Abood and, in effect, turn the country into a “right to work” environment for public employees.

That reluctance is clearly what produced a narrow decision in Harris. The Court did hold that applying “fair share” rules to personal assistants was unconstitutional. The assistants, the Court found, simply didn’t have a strong enough employment relationship with the State to allow fair share to be applied. As the Court put it, “Abood involved full-fledged public employees, but in this case, the status of the personal assistants is much different. The Illinois Legislature has taken pains to specify that personal assistants are public employees for one purpose only: collective bargaining. For all other purposes, Illinois regards the personal assistants as private sector employees. This approach has important practical consequences.”

The Court pointed to the fact that the customer, not the State, set the job duties for personal assistants, and that customers had complete discretion to hire and fire the assistants. Customers, not the State, supervised the assistants, and assistants were not eligible for State benefits such as health insurance and pensions. Even wages were non-negotiable.

This meant, the Court found, that “Abood’s rationale, whatever its strengths and weaknesses, is based on the assumption that the union possesses the full scope of powers and duties generally available under American labor law. Under the Illinois scheme now before us, however, the union’s powers and duties are sharply circumscribed, and as a result, even the best argument for the “extraordinary power” that Abood allows a union to wield, is a poor fit.”

The Court’s opinion stopped there, and expressly did not overturn Abood, leaving fair share in place throughout the country. This did not stop the five-justice majority from raising a series of questions about Abood’s continuing viability, nor did it stop the four dissenting judges from fiercely defending the principles of fair share” and asking pointed questions about why the personal assistants were really all that different.

In the end, though, “fair share” rules remain generally intact, even if an unusual group of employees in Illinois are exempt from them.

Harris v. Quinn, 573 US ____ (June 30, 2014).

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noIn what some have termed the most significant labor case in years, the United States Supreme Court has rejected a request to hold “fair share” assessments unconstitutional. http://d33ejgwsompntb.cloudfront.net/Harris_Quinn.m4a “Fair share” assessments occur under the laws of 20 states which not only grant public employees the right to bargain, but also impose upon unions the duty to fairly represent all members of their bargaining units. Under “fair share” provisions, non-union members who benefit from the union’s performance of its duty (through contract negotiations and grievance handling, for example) must pay their “fair share” of the costs of negotiating and administering the contract, but cannot be assessed any fees for the union’s political activity. The case the Supreme Court was considering was Harris v. Quinn, and like many challenges in recent years to union dues, was being litigated by the National Right to Work Legal Defense Foundation, an organization which has received significant funding and assistance from groups founded by Charles and David Koch. The employees in Harris worked in Illinois’ Home Services Program, which allows Medicaid recipients who would normally need institutional care to hire a “personal assistant” to provide homecare services. Under State law, the homecare recipients (designated “customers”) and the State both play some role in the employment relationship with the personal assistants. Customers control most aspects of the employment relationship, including the hiring, firing, training, supervising, and disciplining of assistant, and define job duties by proposing a “Service Plan.” Other than compensating the personal assistants, the State’s involvement in employment matters is minimal. Its employer status was created by executive order, and later codified by the legislature, solely to permit assistants to join a labor union and engage in collective bargaining under Illinois’ Public Labor Relations Act. When the case was accepted by the Supreme Court, the Right To Work Foundation asked the Court to use Harris to overturn Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), the almost 40-year old Supreme Court decision finding that “fair share” rules did not violate the free speech guarantees of the First Amendment. When the case was orally argued before the Court in January 2014, there were some questions whether all five members of the reliably conservative wing of the Court were ready to overturn Abood and, in effect, turn the country into a “right to work” environment for public employees. That reluctance is clearly what produced a narrow decision in Harris. The Court did hold that applying “fair share” rules to personal assistants was unconstitutional. The assistants, the Court found, simply didn’t have a strong enough employment relationship with the State to allow fair share to be applied. As the Court put it, “Abood involved full-fledged public employees, but in this case, the status of the personal assistants is much different. The Illinois Legislature has taken pains to specify that personal assistants are public employees for one purpose only: collective bargaining. For all other purposes, Illinois regards the personal assistants as private sector employees. This approach has important practical consequences.” The Court pointed to the fact that the customer, not the State, set the job duties for personal assistants, and that customers had complete discretion to hire and fire the assistants. Customers, not the State, supervised the assistants, and assistants were not eligible for State benefits such as health insurance and pensions. Even wages were non-negotiable. This meant, the Court found, that “Abood’s rationale, whatever its strengths and weaknesses, is based on the assumption that the union possesses the full scope of powers and duties generally available under American labor law. Under the Illinois scheme now before us, however, the union’s powers and duties are sharply circumscribed, and as a result, even the best argument for the “extraordinary power” that Abood allows a union to wield, is a poor fit.” The Court’s opinion stopped there, and expressly did not overturn Abood, leaving fair share in place throughout the country. This did not stop the five-justice majority from raising a series of questions about Abood’s continuing viability, nor did it stop the four dissenting judges from fiercely defending the principles of fair share” and asking pointed questions about why the personal assistants were really all that different. In the end, though, “fair share” rules remain generally intact, even if an unusual group of employees in Illinois are exempt from them. Harris v. Quinn, 573 US ____ (June 30, 2014). Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailIn what some have termed the most significant labor case in years, the United States Supreme Court has rejected a request to hold “fair share” assessments unconstitutional. http://d33ejgwsompntb.cloudfront.net/Harris_Quinn.m4a “Fair share” assessments occur under the laws of 20 states which not only grant public employees the right to bargain, but also impose upon unions the duty to fairly represent all members of their bargaining units. Under “fair share” provisions, non-union members who benefit from the union’s performance of its duty (through contract negotiations and grievance handling, for example) must pay their “fair share” of the costs of negotiating and administering the contract, but cannot be assessed any fees for the union’s political activity. The case the Supreme Court was considering was Harris v. Quinn, and like many challenges in recent years to union dues, was being litigated by the National Right to Work Legal Defense Foundation, an organization which has received significant funding and assistance from groups founded by Charles and David Koch. The employees in Harris worked in Illinois’ Home Services Program, which allows Medicaid recipients who would normally need institutional care to hire a “personal assistant” to provide homecare services. Under State law, the homecare recipients (designated “customers”) and the State both play some role in the employment relationship with the personal assistants. Customers control most aspects of the employment relationship, including the hiring, firing, training, supervising, and disciplining of assistant, and define job duties by proposing a “Service Plan.” Other than compensating the personal assistants, the State’s involvement in employment matters is minimal. Its employer status was created by executive order, and later codified by the legislature, solely to permit assistants to join a labor union and engage in collective bargaining under Illinois’ Public Labor Relations Act. When the case was accepted by the Supreme Court, the Right To Work Foundation asked the Court to use Harris to overturn Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), the almost 40-year old Supreme Court decision finding that “fair share” rules did not violate the free speech guarantees of the First Amendment. When the case was orally argued before the Court in January 2014, there were some questions whether all five members of the reliably conservative wing of the Court were ready to overturn Abood and, in effect, turn the country into a “right to work” environment for public employees. That reluctance is clearly what produced a narrow decision in Harris. The Court did hold that applying “fair share” rules to personal assistants was unconstitutional. The assistants, the Court found, simply didn’t have a strong enough employment relationship with the State to allow fair share to be applied. As the Court put it, “Abood involved full-fledged public employees, but in this case, the status of the personal assistants is much different. The Illinois Legislature has taken pains to specify that personal assistants are public employees for one purpose only: collective bargaining. For all other purposes, Illinois regards the personal assistants as private sector employees. This approach has important practical consequences.” The Court pointed to the fact that the customer, not the State, set the job duties for personal assistants, and that customers had complete discretion to hire and fire the assistants. Customers, not the State, supervised the assistants, and assistants were not eligible for State benefits such as health insurance and pensions. Even wages were non-negotiable. This meant, the Court found, that “Abood’s rationale, whatever its strengths and weaknesses, is based on the assumption that the union possesses the full scope of powers and duties generally available under American labor law. Under the Illinois scheme now before us, however, the union’s powers and duties are sharply circumscribed, and as a result, even the best argument for the “extraordinary power” that Abood allows a union to wield, is a poor fit.” The Court’s opinion stopped there, and expressly did not overturn Abood, leaving fair share in place throughout the country. This did not stop the five-justice majority from raising a series of questions about Abood’s continuing viability, nor did it stop the four dissenting judges from fiercely defending the principles of fair share” and asking pointed questions about why the personal assistants were really all that different. In the end, though, “fair share” rules remain generally intact, even if an unusual group of employees in Illinois are exempt from them. Harris v. Quinn, 573 US ____ (June 30, 2014). Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/06/first-thursday-june-2014/ Thu, 05 Jun 2014 22:35:34 +0000 http://www.lris.com/?p=8160 https://lris.com/podcasts/first_thurs/2014/06/first-thursday-june-2014/#respond https://lris.com/podcasts/first_thurs/2014/06/first-thursday-june-2014/feed/ 0 Featured in this month’s podcast:
• Preview of the Supreme Court’s decision on Fair Share case, Harris v. Quinn
• California PERB holds factfinding applies to mid-term bargaining
• How the ADA and FMLA interact in the fitness-for-duty process
• Discussions at union e-board meeting privileged
• Union has right to conduct parallel disciplinary investigation
• Court upholds arbitrator’s opinion in sex case
• A reminder that state laws can be more stringent than the FLSA
]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noFeatured in this month’s podcast: Preview of the Supreme Court’s decision on Fair Share case, Harris v. Quinn California PERB holds factfinding applies to mid-term bargaining How the ADA and FMLA interact in the fitness-for-duty process Discussions at union e-board meeting privileged Union has right to conduct parallel disciplinary investigation Court upholds arbitrator’s opinion in sex case A reminder that state laws can be more stringent than the FLSAFeatured in this month’s podcast: Preview of the Supreme Court’s decision on Fair Share case, Harris v. Quinn California PERB holds factfinding applies to mid-term bargaining How the ADA and FMLA interact in the fitness-for-duty process Discussions at union e-board meeting privileged Union has right to conduct parallel disciplinary investigation Court upholds arbitrator’s opinion in sex case A reminder that state laws can be more stringent than the FLSAFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/04/first-thursday-may-2014/ Wed, 30 Apr 2014 22:35:05 +0000 http://www.lris.com/?p=8043 https://lris.com/podcasts/first_thurs/2014/04/first-thursday-may-2014/#respond https://lris.com/podcasts/first_thurs/2014/04/first-thursday-may-2014/feed/ 0 Featured in this month’s podcast:
• Supreme Court upholds Michigan’s ban on race and gender preferences in employment, education
• Retired police firefighters reach deal with Detroit
• Two important California PERB decisions
• Privacy for personal email and cell phone records of public officials
• Yet another Brady case (Yay!)

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noFeatured in this month’s podcast: Supreme Court upholds Michigan’s ban on race and gender preferences in employment, education Retired police firefighters reach deal with Detroit Two important California PERB decisions Privacy for personal email and cell phone records of public officials Yet another Brady case (Yay!) http://d33ejgwsompntb.cloudfront.net/2014_05.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFeatured in this month’s podcast: Supreme Court upholds Michigan’s ban on race and gender preferences in employment, education Retired police firefighters reach deal with Detroit Two important California PERB decisions Privacy for personal email and cell phone records of public officials Yet another Brady case (Yay!) http://d33ejgwsompntb.cloudfront.net/2014_05.m4a Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/04/first-thursday-april-2014/ Thu, 03 Apr 2014 08:00:33 +0000 http://www.lris.com/?p=7923 https://lris.com/podcasts/first_thurs/2014/04/first-thursday-april-2014/#respond https://lris.com/podcasts/first_thurs/2014/04/first-thursday-april-2014/feed/ 0 Featured in this month’s podcast:
• Does state’s flex time system violate the FLSA?
• Is county required to pay corrections officers overtime for meal periods?
• LAFD dispatchers, aeromedical technicians not firefighters for FLSA purposes
• Supreme Court to rule on Amazon workers FLSA
• Can employer force employee to use FMLA leave at the same time employee is using sick leave?
• Threat of a seizure enough to disqualify recruit
• Discipline not negotiable for Denver firefighters
• California bill of rights claims can be arbitrated
• Retirees not ‘members’ for purposes of grievance procedure

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noFeatured in this month’s podcast: Does state’s flex time system violate the FLSA? Is county required to pay corrections officers overtime for meal periods? LAFD dispatchers, aeromedical technicians not firefighters for FLSA purposes Supreme Court to rule on Amazon workers FLSA Can employer force employee to use FMLA leave at the same time employee is using sick leave? Threat of a seizure enough to disqualify recruit Discipline not negotiable for Denver firefighters California bill of rights claims can be arbitrated Retirees not ‘members’ for purposes of grievance procedure [jwplayer file=”2014_04.m4a?Expires=1585782463&Signature=Pefa~2JKbfgFadS7ccvA-0RJlzfWxXfF4CXSjeknYRulEtvWMurmOIZhW0haEupJU0sAKJvYOsIcpU-CvWm6GqM29ZnWxO-5GS-ekIGM4GvDR7fNACQIjwLPai0kos0tpcwQtJLouKxPsUKPAS6FngrCX50T2wMlS~UNrEuu4N8_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFeatured in this month’s podcast: Does state’s flex time system violate the FLSA? Is county required to pay corrections officers overtime for meal periods? LAFD dispatchers, aeromedical technicians not firefighters for FLSA purposes Supreme Court to rule on Amazon workers FLSA Can employer force employee to use FMLA leave at the same time employee is using sick leave? Threat of a seizure enough to disqualify recruit Discipline not negotiable for Denver firefighters California bill of rights claims can be arbitrated Retirees not ‘members’ for purposes of grievance procedure [jwplayer file=”2014_04.m4a?Expires=1585782463&Signature=Pefa~2JKbfgFadS7ccvA-0RJlzfWxXfF4CXSjeknYRulEtvWMurmOIZhW0haEupJU0sAKJvYOsIcpU-CvWm6GqM29ZnWxO-5GS-ekIGM4GvDR7fNACQIjwLPai0kos0tpcwQtJLouKxPsUKPAS6FngrCX50T2wMlS~UNrEuu4N8_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/03/first-thursday-march-2014/ Fri, 07 Mar 2014 22:38:56 +0000 http://www.lris.com/?p=7849 https://lris.com/podcasts/first_thurs/2014/03/first-thursday-march-2014/#respond https://lris.com/podcasts/first_thurs/2014/03/first-thursday-march-2014/feed/ 0 Featured in this month’s podcast:
• Required retirement contributions do not violate ‘Contracts Clause’
• Will answers an FLSA question submitted on our website
• Officer can be disciplined for working without permission
• Officer’s injury during paid lunch not compensable under workers’ comp
• Court rules that seeing suspect killed is ‘normal’ for police
• Due process requires pre-discipline hearing even if appeal rights exist
• Unsuccessful applicant can review civil service exam
• Why “I’m sorry” can be the two most important words in a disciplinary hearing

[jwplayer file=”2014_03.m4a?Expires=1583619836&Signature=IlgpSThEEASbZZNAxBdZUoGs0hkzWfT2OxmvGYvlyQFWejMTPq1lEWfHaGXFYSx~UrugCnGqKnzKCDS4Be3sAKcauB1yBSO1NUjdvM1hLSRJ3HFetBD7mi2MuXsW3fkTmv5bxaBn297Jqwh5fajolOoS9aSd7mTxM1cGteadwaY_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”]

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noFeatured in this month’s podcast: Required retirement contributions do not violate ‘Contracts Clause’ Will answers an FLSA question submitted on our website Officer can be disciplined for working without permission Officer’s injury during paid lunch not compensable under workers’ comp Court rules that seeing suspect killed is ‘normal’ for police Due process requires pre-discipline hearing even if appeal rights exist Unsuccessful applicant can review civil service exam Why “I’m sorry” can be the two most important words in a disciplinary hearing [jwplayer file=”2014_03.m4a?Expires=1583619836&Signature=IlgpSThEEASbZZNAxBdZUoGs0hkzWfT2OxmvGYvlyQFWejMTPq1lEWfHaGXFYSx~UrugCnGqKnzKCDS4Be3sAKcauB1yBSO1NUjdvM1hLSRJ3HFetBD7mi2MuXsW3fkTmv5bxaBn297Jqwh5fajolOoS9aSd7mTxM1cGteadwaY_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFeatured in this month’s podcast: Required retirement contributions do not violate ‘Contracts Clause’ Will answers an FLSA question submitted on our website Officer can be disciplined for working without permission Officer’s injury during paid lunch not compensable under workers’ comp Court rules that seeing suspect killed is ‘normal’ for police Due process requires pre-discipline hearing even if appeal rights exist Unsuccessful applicant can review civil service exam Why “I’m sorry” can be the two most important words in a disciplinary hearing [jwplayer file=”2014_03.m4a?Expires=1583619836&Signature=IlgpSThEEASbZZNAxBdZUoGs0hkzWfT2OxmvGYvlyQFWejMTPq1lEWfHaGXFYSx~UrugCnGqKnzKCDS4Be3sAKcauB1yBSO1NUjdvM1hLSRJ3HFetBD7mi2MuXsW3fkTmv5bxaBn297Jqwh5fajolOoS9aSd7mTxM1cGteadwaY_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/02/first-thursday-february-2014-3/ Fri, 14 Feb 2014 20:12:33 +0000 http://www.lris.com/?p=7770 https://lris.com/podcasts/first_thurs/2014/02/first-thursday-february-2014-3/#respond https://lris.com/podcasts/first_thurs/2014/02/first-thursday-february-2014-3/feed/ 0 [jwplayer file=”2014_02.m4a?Expires=1581030733&Signature=S4IO2Kr8k5~WWzumxAgCo1-ddqEjj1J1z5OvZ-IQgKJa5zpsSXa7vM~D9O7BcrHnaG5DkpQprBQbT9mriliM469BugN36RXoZi6UzWBnHisr25aa9Eg~wuA3FQZD2liDm0EETDOLHPXFPIq6PuNLP1E0tJ7WcFHGJkq-u6qNHP8_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”]

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Featured in this month’s podcast:

• The Supreme Court’s decision in the donning and doffing case Sandifer v. United States Steel Corp.
• An important ADA case from the 4th Circuit court
• More news on the Genetic Information Disclosure Act
• A discussion of cases from across the country
• The last CPI numbers

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”2014_02.m4a?Expires=1581030733&Signature=S4IO2Kr8k5~WWzumxAgCo1-ddqEjj1J1z5OvZ-IQgKJa5zpsSXa7vM~D9O7BcrHnaG5DkpQprBQbT9mriliM469BugN36RXoZi6UzWBnHisr25aa9Eg~wuA3FQZD2liDm0EETDOLHPXFPIq6PuNLP1E0tJ7WcFHGJkq-u6qNHP8_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Left click to play, right click to download Featured in this month’s podcast: The Supreme Court’s decision in the donning and doffing case Sandifer v. United States Steel Corp. An important ADA case from the 4th Circuit court More news on the Genetic Information Disclosure Act A discussion of cases from across the country The last CPI numbers Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email[jwplayer file=”2014_02.m4a?Expires=1581030733&Signature=S4IO2Kr8k5~WWzumxAgCo1-ddqEjj1J1z5OvZ-IQgKJa5zpsSXa7vM~D9O7BcrHnaG5DkpQprBQbT9mriliM469BugN36RXoZi6UzWBnHisr25aa9Eg~wuA3FQZD2liDm0EETDOLHPXFPIq6PuNLP1E0tJ7WcFHGJkq-u6qNHP8_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Left click to play, right click to download Featured in this month’s podcast: The Supreme Court’s decision in the donning and doffing case Sandifer v. United States Steel Corp. An important ADA case from the 4th Circuit court More news on the Genetic Information Disclosure Act A discussion of cases from across the country The last CPI numbers Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2014/02/first-thursday-january-2014-2/ Fri, 14 Feb 2014 19:44:29 +0000 http://www.lris.com/?p=7765 https://lris.com/podcasts/first_thurs/2014/02/first-thursday-january-2014-2/#respond https://lris.com/podcasts/first_thurs/2014/02/first-thursday-january-2014-2/feed/ 0 Now with improved audio quality!

As part of our constant effort to provide you with the best quality products, we spared no expense in building a state-of-the-art sound studio to improve the audio quality of our podcasts. That means Will will no longer sound like he’s speaking in an empty fish tank. Of course, if you miss that sound you could always listen to the podcast in an empty fish tank.

Featured in this month’s podcast:

• Economic forecasts for 2014
• What does the Detroit bankruptcy case mean for constitutional protections for pensions?
• Can a department have residency bonuses in promotions?
• Does a not-sustained allegation trigger a hearing under a Police Officer Bill Of Rights?
• Recent Brady and Garcetti cases

[jwplayer file=”2014_01.m4a?Expires=1546888212&Signature=NCqj0s7CeMsQhwFVohbKixF3Jb~AVpXXoa~M3vSww2zBLruLvxYc~pKAOX5uW9e9IIxyITfmn8bamAmUGTUDXDbDJy-xuolLFjv1CWrDK-2r4W0Z4sguXIGdAO0aCOij6-wEKFypss109y5MCAryFNEkoWIny3ENvnee6yTz-Qg_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2014/01/thumbsupear.jpg”]

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]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)noNow with improved audio quality! As part of our constant effort to provide you with the best quality products, we spared no expense in building a state-of-the-art sound studio to improve the audio quality of our podcasts. That means Will will no longer sound like he’s speaking in an empty fish tank. Of course, if you miss that sound you could always listen to the podcast in an empty fish tank. Featured in this month’s podcast: Economic forecasts for 2014 What does the Detroit bankruptcy case mean for constitutional protections for pensions? Can a department have residency bonuses in promotions? Does a not-sustained allegation trigger a hearing under a Police Officer Bill Of Rights? Recent Brady and Garcetti cases [jwplayer file=”2014_01.m4a?Expires=1546888212&Signature=NCqj0s7CeMsQhwFVohbKixF3Jb~AVpXXoa~M3vSww2zBLruLvxYc~pKAOX5uW9e9IIxyITfmn8bamAmUGTUDXDbDJy-xuolLFjv1CWrDK-2r4W0Z4sguXIGdAO0aCOij6-wEKFypss109y5MCAryFNEkoWIny3ENvnee6yTz-Qg_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2014/01/thumbsupear.jpg”] Download the podcast (Use this link to listen on Apple devices)Now with improved audio quality! As part of our constant effort to provide you with the best quality products, we spared no expense in building a state-of-the-art sound studio to improve the audio quality of our podcasts. That means Will will no longer sound like he’s speaking in an empty fish tank. Of course, if you miss that sound you could always listen to the podcast in an empty fish tank. Featured in this month’s podcast: Economic forecasts for 2014 What does the Detroit bankruptcy case mean for constitutional protections for pensions? Can a department have residency bonuses in promotions? Does a not-sustained allegation trigger a hearing under a Police Officer Bill Of Rights? Recent Brady and Garcetti cases [jwplayer file=”2014_01.m4a?Expires=1546888212&Signature=NCqj0s7CeMsQhwFVohbKixF3Jb~AVpXXoa~M3vSww2zBLruLvxYc~pKAOX5uW9e9IIxyITfmn8bamAmUGTUDXDbDJy-xuolLFjv1CWrDK-2r4W0Z4sguXIGdAO0aCOij6-wEKFypss109y5MCAryFNEkoWIny3ENvnee6yTz-Qg_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2014/01/thumbsupear.jpg”] Download the podcast (Use this link to listen on Apple devices)FLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/recent-developments/2013/12/first-thursday-podcast-for-december/ Fri, 13 Dec 2013 17:36:18 +0000 http://www.lris.com/?p=7577 https://lris.com/recent-developments/2013/12/first-thursday-podcast-for-december/#respond https://lris.com/recent-developments/2013/12/first-thursday-podcast-for-december/feed/ 0 [jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”]

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We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact.

This month’s podcast also features the following non-beard-related topics:

• No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active
• Arbitrator’s Sexual Harassment Opinion Upheld
• Arbitration Decisions And Civil Rights Litigation
• Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures
• Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights
• State Police Successfully Opposes Troopers PTSD Claim
• No Violation To Freeze Pension When Retired Firefighter Elected To City Council
• Discussion on the Consumer Price Index
]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact. This month’s podcast also features the following non-beard-related topics: No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active Arbitrator’s Sexual Harassment Opinion Upheld Arbitration Decisions And Civil Rights Litigation Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights State Police Successfully Opposes Troopers PTSD Claim No Violation To Freeze Pension When Retired Firefighter Elected To City Council Discussion on the Consumer Price Index[jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact. This month’s podcast also features the following non-beard-related topics: No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active Arbitrator’s Sexual Harassment Opinion Upheld Arbitration Decisions And Civil Rights Litigation Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights State Police Successfully Opposes Troopers PTSD Claim No Violation To Freeze Pension When Retired Firefighter Elected To City Council Discussion on the Consumer Price IndexFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2013/12/first-thursday-december-2013/ Thu, 05 Dec 2013 18:16:31 +0000 http://www.lris.com/?p=7539 https://lris.com/podcasts/first_thurs/2013/12/first-thursday-december-2013/#respond https://lris.com/podcasts/first_thurs/2013/12/first-thursday-december-2013/feed/ 0 [jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”]

Download the podcast (Use this link to listen on Apple devices)

Subscribe to this podcast via RSS or iTunes

Subscribe to this podcast by email

We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact.

This month’s podcast also features the following non-beard-related topics:

• No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active
• Arbitrator’s Sexual Harassment Opinion Upheld
• Arbitration Decisions And Civil Rights Litigation
• Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures
• Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights
• State Police Successfully Opposes Troopers PTSD Claim
• No Violation To Freeze Pension When Retired Firefighter Elected To City Council
• Discussion on the Consumer Price Index
]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact. This month’s podcast also features the following non-beard-related topics: No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active Arbitrator’s Sexual Harassment Opinion Upheld Arbitration Decisions And Civil Rights Litigation Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights State Police Successfully Opposes Troopers PTSD Claim No Violation To Freeze Pension When Retired Firefighter Elected To City Council Discussion on the Consumer Price Index[jwplayer file=”011_first_thurs.m4a?Expires=1575569079&Signature=MLFLEQVWAVWx9QLs-~uCozJ0HZksJfSLHKNgoKtpG0ih~GIbZu7mpX8DNI-zA-qMVlvRRKAXxVyJQnNCNcvwzJgKNFI-Sl2jKBFad9-lMnMNM4vI3rH2QIH~xpnFvJKMZTi4UMsNYPE1bgvIEdq6T8ca8gElL2UTCQJZ7DPloTQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/12/facialhair.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact. This month’s podcast also features the following non-beard-related topics: No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active Arbitrator’s Sexual Harassment Opinion Upheld Arbitration Decisions And Civil Rights Litigation Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights State Police Successfully Opposes Troopers PTSD Claim No Violation To Freeze Pension When Retired Firefighter Elected To City Council Discussion on the Consumer Price IndexFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2013/11/first-thursday-november-2013/ Thu, 07 Nov 2013 00:28:48 +0000 http://www.lris.com/?p=7395 https://lris.com/podcasts/first_thurs/2013/11/first-thursday-november-2013/#respond https://lris.com/podcasts/first_thurs/2013/11/first-thursday-november-2013/feed/ 0 [jwplayer file=”010_first_thurs.m4a?Expires=1550104028&Signature=ePF36NoW1dK7XBDkKOEMvpQc7dr60bxnghXFy2vkFZgtJ0NUL9ZeJiznb4ssPHjVPkcU0PazbgWmekmb1r-xM7CsvXxhMEVUEbgCI1N0O8UG4wKU6C2xiU~0tdEhyIH5rxrmLXhHBKAi3odSVxHaFVmqAkQCRSdNULaxP5gwhMQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”]

Download the podcast (Use this link to listen on Apple devices)

Subscribe to this podcast via RSS or iTunes

Subscribe to this podcast by email

Featured in this month’s podcast:

• New California statute protects against Brady List abuses
• Another arbitrator weighs in on Brady List and discipline
• Heart-lung presumption applies to diseases with no known cause
• If time limits in bill of rights not met, discipline is void
• No ‘high level of privacy’ in viewing porn on work computer
]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”010_first_thurs.m4a?Expires=1550104028&Signature=ePF36NoW1dK7XBDkKOEMvpQc7dr60bxnghXFy2vkFZgtJ0NUL9ZeJiznb4ssPHjVPkcU0PazbgWmekmb1r-xM7CsvXxhMEVUEbgCI1N0O8UG4wKU6C2xiU~0tdEhyIH5rxrmLXhHBKAi3odSVxHaFVmqAkQCRSdNULaxP5gwhMQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Featured in this month’s podcast: New California statute protects against Brady List abuses Another arbitrator weighs in on Brady List and discipline Heart-lung presumption applies to diseases with no known cause If time limits in bill of rights not met, discipline is void No ‘high level of privacy’ in viewing porn on work computer[jwplayer file=”010_first_thurs.m4a?Expires=1550104028&Signature=ePF36NoW1dK7XBDkKOEMvpQc7dr60bxnghXFy2vkFZgtJ0NUL9ZeJiznb4ssPHjVPkcU0PazbgWmekmb1r-xM7CsvXxhMEVUEbgCI1N0O8UG4wKU6C2xiU~0tdEhyIH5rxrmLXhHBKAi3odSVxHaFVmqAkQCRSdNULaxP5gwhMQ_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Featured in this month’s podcast: New California statute protects against Brady List abuses Another arbitrator weighs in on Brady List and discipline Heart-lung presumption applies to diseases with no known cause If time limits in bill of rights not met, discipline is void No ‘high level of privacy’ in viewing porn on work computerFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2013/10/first-thursday-october-2013/ Thu, 03 Oct 2013 00:45:00 +0000 http://www.lris.com/?p=7317 https://lris.com/podcasts/first_thurs/2013/10/first-thursday-october-2013/#respond https://lris.com/podcasts/first_thurs/2013/10/first-thursday-october-2013/feed/ 0 [jwplayer file=”009_first_thurs.m4a?Expires=1570063374&Signature=hojmmkjWKvWD7BIBT33tGKeUP9yX-P3ZzvLgVdTB1CcP8X4POlC4Qr2TWTz~rvncPrqLic9ggvc7BwVpeHv~hPyZFKjmN7Fgzto3pgIlmGFdR2~4ZuGPGiHxw8y0HXmtUMevpYzjf9QJdjTU9zmPMvkAxdvXzPqRduZV8~d3Yes_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”]

Download the podcast (Use this link to listen on Apple devices)

Featured in this month’s podcast:

• Facebook ‘like’ is protected speech
• New legislation out of California
• Early guidance sheds light on impact of employee benefit plans
• Union can conduct simultaneous disciplinary investigation
• Layoff by seniority within scope of bargaining
• City required to abide by wage terms in contract
• The ‘Brady Rule’ and arbitration
• Arbitration decision explores role of fitness evaluations in disciplinary system
• Officer fired for violating fraternization policy
• New contracts and an update on the CPI

Subscribe to this podcast via RSS or iTunes

Subscribe to this podcast by email

]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”009_first_thurs.m4a?Expires=1570063374&Signature=hojmmkjWKvWD7BIBT33tGKeUP9yX-P3ZzvLgVdTB1CcP8X4POlC4Qr2TWTz~rvncPrqLic9ggvc7BwVpeHv~hPyZFKjmN7Fgzto3pgIlmGFdR2~4ZuGPGiHxw8y0HXmtUMevpYzjf9QJdjTU9zmPMvkAxdvXzPqRduZV8~d3Yes_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Featured in this month’s podcast: Facebook ‘like’ is protected speech New legislation out of California Early guidance sheds light on impact of employee benefit plans Union can conduct simultaneous disciplinary investigation Layoff by seniority within scope of bargaining City required to abide by wage terms in contract The ‘Brady Rule’ and arbitration Arbitration decision explores role of fitness evaluations in disciplinary system Officer fired for violating fraternization policy New contracts and an update on the CPI Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email[jwplayer file=”009_first_thurs.m4a?Expires=1570063374&Signature=hojmmkjWKvWD7BIBT33tGKeUP9yX-P3ZzvLgVdTB1CcP8X4POlC4Qr2TWTz~rvncPrqLic9ggvc7BwVpeHv~hPyZFKjmN7Fgzto3pgIlmGFdR2~4ZuGPGiHxw8y0HXmtUMevpYzjf9QJdjTU9zmPMvkAxdvXzPqRduZV8~d3Yes_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Featured in this month’s podcast: Facebook ‘like’ is protected speech New legislation out of California Early guidance sheds light on impact of employee benefit plans Union can conduct simultaneous disciplinary investigation Layoff by seniority within scope of bargaining City required to abide by wage terms in contract The ‘Brady Rule’ and arbitration Arbitration decision explores role of fitness evaluations in disciplinary system Officer fired for violating fraternization policy New contracts and an update on the CPI Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by emailFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs https://lris.com/podcasts/first_thurs/2013/09/first-thursday-september-2013/ Wed, 04 Sep 2013 19:03:25 +0000 http://www.lris.com/?p=7169 https://lris.com/podcasts/first_thurs/2013/09/first-thursday-september-2013/#respond https://lris.com/podcasts/first_thurs/2013/09/first-thursday-september-2013/feed/ 0 [jwplayer file=”008_first_thurs.m4a?Expires=1567623831&Signature=VbKXn6w~KiXZbscxdDv76T9NG0I5UGsCJTnCe4bSKDaZ4dt3hsFvCzGiEHoCIU–rwUPDanN5vqfYsEmMD~bLjNQErTH4UwsVqiY6r6PpvaBbQwJHbXDrPdhAywGyUR9A~ZynEya9dlgZfjSC-EcOMCitVoNttjS4kk2AgjLsJc_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”]

Download the podcast (Use this link to listen on Apple devices)

Subscribe to this podcast via RSS or iTunes

Subscribe to this podcast by email

Featured in this month’s podcast:

• Union blasts proposed $3m settlement in lawsuit over fitness test
• Updated definition of “spouse” under the FMLA from the Department of Labor
• Names of officers in UC Davis pepper spray incident must be disclosed
• Recent contract signings
• A crack in the Garcetti armor?
• Miami allowed to reduce wages, eliminate benefits, and modify pensions
• Q&A on participation in an IA task force
• Performance evaluation challenges may require hearings in Minnesota
• GPS tracking does not require a warrant
• New York’s residency requirement can lawfully exempt police but not deputies
• Termination for on-duty drinking ‘shocks sense of fairness’
• Connecticut and public policy
• The importance of how a grievance procedure is worded
• Officer’s off-duty drowning held job-related
]]> Richard Poulson, LRIS full will@lris.com (Will Aitchison)no[jwplayer file=”008_first_thurs.m4a?Expires=1567623831&Signature=VbKXn6w~KiXZbscxdDv76T9NG0I5UGsCJTnCe4bSKDaZ4dt3hsFvCzGiEHoCIU–rwUPDanN5vqfYsEmMD~bLjNQErTH4UwsVqiY6r6PpvaBbQwJHbXDrPdhAywGyUR9A~ZynEya9dlgZfjSC-EcOMCitVoNttjS4kk2AgjLsJc_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Featured in this month’s podcast: Union blasts proposed $3m settlement in lawsuit over fitness test Updated definition of “spouse” under the FMLA from the Department of Labor Names of officers in UC Davis pepper spray incident must be disclosed Recent contract signings A crack in the Garcetti armor? Miami allowed to reduce wages, eliminate benefits, and modify pensions Q&A on participation in an IA task force Performance evaluation challenges may require hearings in Minnesota GPS tracking does not require a warrant New York’s residency requirement can lawfully exempt police but not deputies Termination for on-duty drinking ‘shocks sense of fairness’ Connecticut and public policy The importance of how a grievance procedure is worded Officer’s off-duty drowning held job-related[jwplayer file=”008_first_thurs.m4a?Expires=1567623831&Signature=VbKXn6w~KiXZbscxdDv76T9NG0I5UGsCJTnCe4bSKDaZ4dt3hsFvCzGiEHoCIU–rwUPDanN5vqfYsEmMD~bLjNQErTH4UwsVqiY6r6PpvaBbQwJHbXDrPdhAywGyUR9A~ZynEya9dlgZfjSC-EcOMCitVoNttjS4kk2AgjLsJc_&Key-Pair-Id=APKAJIHMHD36AUGYELAQ” streamer=”rtmp://s237mamheirpem.cloudfront.net/cfx/st/” provider=”rtmp” image=”http://www.lris.com/wp-content/uploads/2013/06/first_thursday.jpg”] Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Featured in this month’s podcast: Union blasts proposed $3m settlement in lawsuit over fitness test Updated definition of “spouse” under the FMLA from the Department of Labor Names of officers in UC Davis pepper spray incident must be disclosed Recent contract signings A crack in the Garcetti armor? Miami allowed to reduce wages, eliminate benefits, and modify pensions Q&A on participation in an IA task force Performance evaluation challenges may require hearings in Minnesota GPS tracking does not require a warrant New York’s residency requirement can lawfully exempt police but not deputies Termination for on-duty drinking ‘shocks sense of fairness’ Connecticut and public policy The importance of how a grievance procedure is worded Officer’s off-duty drowning held job-relatedFLSA,FMLA,ADA,overtime,wage,and,hour,police,officer,firefighter,law,enforcement,deputy,sheriff,internal,affairs