First Thursday Podcasts – Labor Relations Information System

First Thursday, August 2026

will@lris.com (Will Aitchison) — Thu, 06 Aug 2026 11:10:00 +0000

The Brady Rule affirms that the government, because of its obligation to provide defendants with a fair trial, must turn over favorable, exculpatory evidence to a criminal defendant. Over the years, Brady has become as impactful on public safety labor law as it has in criminal law. Brady Lists of officers with histories of misconduct that could impact their credibility exist in jurisdictions across the country.

In this month’s First Thursday, Rick covers three Brady cases from Virginia, New Jersey, and Iowa and discusses how the Rule is being applied.

Court Balances Brady Discovery Against Officers’ Cell Phone Privacy, United States v. David, No. 7:26-cr-00006 (W.D. Va. June 30, 2026). (23:40)

Public Defender Entitled to Common Law Access to Police IA “Appendix K” Reports, N.J. Off. of the Pub. DEF. v. N.J. Dep’t of Law, 2026 N.J. Super. Unpub. LEXIS 757 (42:14)

Iowa Supreme Court Limits On Placing Officers On Brady Lists, Richmond v. Jefferson County Attorney, (Iowa 2026) (1:05:21)

First Thursday, July 2026

will@lris.com (Will Aitchison) — Thu, 09 Jul 2026 10:20:00 +0000

The Supreme Court has wrapped up its 2026 docket, and, in this podcast, Rick covers three decisions that impact public safety employees.

US v. Hemani (03:19)

Margolin v. National Association of Immigration Judges (32:13)

Trump v. Slaughter (45:40)

First Thursday, June 2026

will@lris.com (Will Aitchison) — Thu, 04 Jun 2026 11:03:00 +0000

Rick Poulson covers a potpourri of cases from across the country, including two involving police take-home vehicles.

First Thursday, May 2026

will@lris.com (Will Aitchison) — Thu, 07 May 2026 11:30:00 +0000

The rise of gambling apps has created an multitude of issues, and the public safety labor environment has not been immune from its effects. In this episode of First Thursday, Rick Poulson explores this rapidly growing issue and its implications for public safety agencies. Sparked by both personal observations and a high-profile case involving alleged embezzlement tied to gambling addiction, the discussion examines how technology has transformed gambling behavior—and why agencies must take notice. Rick breaks down the legal landscape, including the limitations of federal protections under the ADA, evolving state laws, and practical strategies for unions and management to address gambling-related risks. The episode concludes with forward-looking guidance on policy, prevention, and early intervention.

00:00 – Introduction & LRIS Updates
Overview of upcoming seminars in Nashville and Las Vegas.

03:30 – Philadelphia Sports & Gambling Ad Saturation
Rick discusses the agony of being a Sixers fan and the explosion of sports betting advertising.

06:00 – Real-World Case: New Haven Police Chief
Allegations of embezzlement tied to gambling addiction and online betting apps.

09:30 – Rise of Online Sports Betting
Legalization trends since 2018 and widespread adoption of betting apps.

13:30 – Gambling Accessibility & Behavioral Risks
How mobile apps and privacy increase addiction risk and concealment.

17:00 – Research on Gambling Addiction Trends
JAMA study showing a 60%+ increase in searches for gambling addiction help.

20:00 – Younger Workforce & The Impact of New Technology
Concerns about younger employees and normalized app-based betting.

24:00 – Workplace Behavior & Technology Shift Analogy
Comparison to past workplace misconduct trends altered by mobile tech.

28:00 – Legal Framework: ADA Overview
Explanation of disability protections and reasonable accommodation.

31:30 – ADA “Sin Exceptions” & Gambling Exclusion
Why compulsive gambling is explicitly excluded from ADA protection.

36:30 – Evolution of Medical Understanding (DSM)
Shift from impulse control disorder to recognized gambling disorder.

42:00 – Legal Consequences of ADA Exclusion
No federal protection or accommodation rights for gambling addiction.

46:00 – Attempts to Link Gambling to Other Disabilities
Why courts reject arguments tying gambling to depression/anxiety claims.

49:30 – State Law Variations
Some states allow protections; others mirror ADA exclusions.

55:00 – Policy Contradictions Across States
States that allow betting but deny protections for gambling addiction.

59:00 – Public Safety Workplace Implications
Financial misconduct risks, reporting obligations, and trust concerns.

1:03:00 – Prevention Strategies & Policy Options
EAP programs, education, reporting systems, and possible restrictions.

1:08:00 – Sample Contract Language for Early Disclosure
Example policy encouraging voluntary disclosure before misconduct.

1:12:00 – Balancing Accountability & Support
How to help employees while maintaining discipline standards.

1:15:00 – Closing Thoughts & Future Outlook
Call for proactive approaches and continued discussion.

First Thursday, April 2026

will@lris.com (Will Aitchison) — Thu, 05 Mar 2026 12:00:00 +0000

Upcoming seminars from LRIS (00:01:12)

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)

First Thursday, March 2026

will@lris.com (Will Aitchison) — Thu, 05 Mar 2026 11:00:00 +0000

The U.S. Supreme Court recently heard oral arguments in the case United States v. Hemani. The case deals with whether federal criminal statute 18 U.S.C. § 922(g)(3), which makes it a felony for an “unlawful user” of a controlled substance to possess a firearm, is constitutional when it is used to prosecute a person who is a marijuana user and who keeps a gun safely secured at home for self-defense. The case will have important ramifications for law enforcement officers as marijuana use is becoming more accepted both recreationally and medicinally.

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

First Thursday, February 2026

will@lris.com (Will Aitchison) — Thu, 05 Feb 2026 11:17:00 +0000

Employers often try to win disputes by focusing on technical definitions or procedural arguments. They will apply a narrow definition to an employee’s workplace right and reframe the dispute so the protection seems not to apply.

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)

First Thursday, January 2026, Part 2

will@lris.com (Will Aitchison) — Thu, 15 Jan 2026 11:00:00 +0000

In part two of this month’s podcast, Rick offers his predictions for 2026 for three different categories.

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)

First Thursday, January 2026, Part 1

will@lris.com (Will Aitchison) — Thu, 08 Jan 2026 09:25:00 +0000

A look back, a look ahead.

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)

First Thursday, December 2025

will@lris.com (Will Aitchison) — Thu, 04 Dec 2025 09:57:00 +0000

We here at LRIS would like to wish everyone a joyous and peaceful holiday season. Here’s what in store for this last First Thursday podcast of 2025:

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)

First Thursday, November 2025

will@lris.com (Will Aitchison) — Fri, 07 Nov 2025 02:42:49 +0000

Richard Poulson interviews Memphis Police Association President Matt Cunningham about the recent deployment of national guard troops to his city. 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 […]

First Thursday, October 2025

will@lris.com (Will Aitchison) — Thu, 02 Oct 2025 11:33:00 +0000

Rick and labor attorney Jessica Caggiano discuss what is and what isn’t protected speech by a public employee and in the age of social media. How has social media impacted how courts determine what speech is disruptive to the workplace? Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that […]

First Thursday, September 2025

will@lris.com (Will Aitchison) — Thu, 04 Sep 2025 23:20:28 +0000

Rick interviews former firefighter and firefighter union leader, Bob Brooks, about his bid to represent Pennsylvania’s 7th district in the congress. They discuss the importance of political involvement by public safety labor and management representatives from all backgrounds. 00:02:16 – What’s next from LRIS 00:05:03 – County Permitted To Assign Probation Officers To Detention Facility […]

First Thursday, August 2025

will@lris.com (Will Aitchison) — Thu, 07 Aug 2025 09:30:00 +0000

Rick is joined again by labor attorney Jesse Bernstein to discuss the no tax on overtime provision from recent budget bill along with the usual roundup of cases. Cases

First Thursday, July 2025

will@lris.com (Will Aitchison) — Thu, 03 Jul 2025 10:33:00 +0000

This month, Rick is joined by Philadelphia labor attorney Jesse Bernstein. The two discuss the following cases: 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) […]

First Thursday, June 2025

will@lris.com (Will Aitchison) — Thu, 05 Jun 2025 12:05:00 +0000

FAQs 00:00:49 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 […]

First Thursday, May 2025

will@lris.com (Will Aitchison) — Thu, 01 May 2025 10:00:00 +0000

0:01:32 What’s new with LRIS. 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. […]

First Thursday, April 2025

will@lris.com (Will Aitchison) — Thu, 03 Apr 2025 10:22:00 +0000

Rick and economist Jeremy Crimmel discuss the nation’s economic outlook and what effects tariffs may have on inflation. 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 […]

First Thursday, March 2025

will@lris.com (Will Aitchison) — Thu, 06 Mar 2025 09:00:00 +0000

In this month’s podcast, Rick discusses an important free speech case involving a fight over a police association’s logo and speaks with police defense attorney Lance LoRusso about a use of force case being decided by the Supreme Court. 00:01:41 — What’s going on with LRIS. 00:02:50 — Union logo free speech case (FOP Pennsylvania […]

First Thursday, February 2025

will@lris.com (Will Aitchison) — Thu, 06 Feb 2025 09:00:00 +0000

This month’s podcast explores the connections between all workers, whether public safety or civilian, federal or state, public or private. Rick Poulson is joined by his colleague Joe Richardson to discuss this with a focus on a recent union-busting case out of Douglas County Colorado. 0: 03:43 – What’s going on with LRIS? 0:06:08 – […]

First Thursday, January 2025

will@lris.com (Will Aitchison) — Fri, 10 Jan 2025 00:22:22 +0000

Happy 2025! The nasty bug that’s spreading across the East Coast hit our podcast host, Rick Poulson. He’s finally recovered enough to record this episode, but please forgive the cough. In this month’s podcast, we go over: Two cases:

First Thursday, December 2024

will@lris.com (Will Aitchison) — Thu, 05 Dec 2024 10:20:00 +0000

Happy holidays to all our listeners. In this month’s First Thursday podcast, Rick covers: 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 […]

First Thursday, November 2024

will@lris.com (Will Aitchison) — Mon, 11 Nov 2024 11:00:00 +0000

Happy Veteran’s Day and thank you to all who served. 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, […]

First Thursday, October 2024

will@lris.com (Will Aitchison) — Thu, 03 Oct 2024 10:40:00 +0000

LRIS Executive Director Rick Poulson goes over four cases in this month’s podcast, two involving free speech and two on prosecutorial immunity. 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 […]

First Thursday, September 2024

will@lris.com (Will Aitchison) — Mon, 09 Sep 2024 14:59:23 +0000

Michael Freeman, Executive Vice President of the New Jersey Police Benevolent Association joins LRIS Executive Director Rick Poulson to discuss Mike’s career in law enforcement labor relations, and the two go over cases involving marijuana use and free speech. This month’s cases: Jersey City Extends Losing Streak Against Police Marijuana Use, Shea v. State of […]

First Thursday, August 2024

will@lris.com (Will Aitchison) — Thu, 01 Aug 2024 11:09:00 +0000

Rick Poulson interviews attorney Tom Gribbin about his career and the unique issues that arise in representing correctional officers. 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 […]

First Thursday, July 2024

will@lris.com (Will Aitchison) — Thu, 04 Jul 2024 08:48:00 +0000

LRIS recently lost a member of our extended family. Arbitrator Dave Gaba, a frequent LRIS seminar speaker and co-author of the book Interest Arbitration passed away last month. We extend our sincerest condolences to Dave’s family and friends. Rick Poulson interviewed Arbitrator Michael Loconto for this month’s podcast. Michael was Dave’s friend and mentee. He […]

First Thursday, June 2024

will@lris.com (Will Aitchison) — Thu, 06 Jun 2024 09:00:00 +0000

Will Aitchison is on the other side of the microphone in this month’s podcast as Rick Poulson interviews him about his career in public safety labor relations. They discuss how long Will has been practicing, how he got into labor law, when and why he started LRIS, and why have seminars for both management and […]

Interview With Attorney Lance LoRusso

will@lris.com (Will Aitchison) — Tue, 07 May 2024 18:07:33 +0000

The complete interview with police attorney Lance LoRusso is available only to LRIS Premium subscribers. Rick Poulson and Lance, founder of the Blue Line Institute, discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.

First Thursday, May 2024

will@lris.com (Will Aitchison) — Thu, 02 May 2024 09:00:00 +0000

Rick Poulson interviews attorney Lance LoRusso, founder of the Blue Line Institute. They discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates. This month’s cases: Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 […]

First Thursday, April 2024

will@lris.com (Will Aitchison) — Thu, 04 Apr 2024 14:41:09 +0000

Welcome Rick Poulson to the LRIS First Thursday Podcast! 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 […]

First Thursday, March 2024

will@lris.com (Will Aitchison) — Thu, 07 Mar 2024 11:47:00 +0000

State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024) ‘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. […]

First Thursday, February 2024

will@lris.com (Will Aitchison) — Thu, 01 Feb 2024 20:50:00 +0000

Good news on the economy and inflation This month’s cases

First Thursday, January 2024

will@lris.com (Will Aitchison) — Thu, 04 Jan 2024 10:00:00 +0000

The recurring attack on binding disciplinary arbitration. 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. Cases: Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City […]

First Thursday, December 2023

will@lris.com (Will Aitchison) — Thu, 07 Dec 2023 21:19:25 +0000

This month’s cases: 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 […]

First Thursday, November 2023

will@lris.com (Will Aitchison) — Thu, 02 Nov 2023 11:32:00 +0000

Current Events 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

First Thursday, October 2023

will@lris.com (Will Aitchison) — Thu, 05 Oct 2023 22:43:28 +0000

This month’s cases: 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 […]

First Thursday, September 2023

will@lris.com (Will Aitchison) — Thu, 07 Sep 2023 09:27:00 +0000

The persistence of the recruitment and retention crisis in public safety. Related stories: The Cases:

First Thursday, August 2023

will@lris.com (Will Aitchison) — Thu, 03 Aug 2023 11:00:00 +0000

This month’s cases: 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. […]

First Thursday, July 2023

will@lris.com (Will Aitchison) — Thu, 06 Jul 2023 07:34:00 +0000

Important cases from the Supreme Court. 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 […]

First Thursday, June 2023

will@lris.com (Will Aitchison) — Mon, 05 Jun 2023 22:02:15 +0000

This month’s cases: 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). Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL […]

First Thursday, May 2023

will@lris.com (Will Aitchison) — Thu, 04 May 2023 09:00:00 +0000

The movie and novel Minority Report introduced the idea of “precrime.” Could AI make this a reality? Benchmark Analytics claims it can predict adverse officer actions before they happen. 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 […]

First Thursday, April 2023

will@lris.com (Will Aitchison) — Thu, 30 Mar 2023 08:51:00 +0000

The first meaningful applications of artificial intelligence in the public safety labor world are happening. What does this bode for the near future? 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’ […]

First Thursday, March 2023

will@lris.com (Will Aitchison) — Thu, 02 Mar 2023 11:00:00 +0000

Portland survived Winter Apocalypse 2023! 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, […]

First Thursday, February 2023

will@lris.com (Will Aitchison) — Thu, 02 Feb 2023 21:10:13 +0000

In this month’s podcast: 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 […]

First Thursday, January 2023

will@lris.com (Will Aitchison) — Thu, 05 Jan 2023 09:26:00 +0000

It’s a new year and the times, they are a-changin’ here at LRIS. In this month’s podcast:

First Thursday, December 2022

will@lris.com (Will Aitchison) — Thu, 01 Dec 2022 21:18:17 +0000

This month’s cases: Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6th Cir. 2022). Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11th Cir. 2022). Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v. County of […]

First Thursday, November 2022

will@lris.com (Will Aitchison) — Thu, 03 Nov 2022 09:00:00 +0000

Cases: 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 […]

First Thursday, October 2022

will@lris.com (Will Aitchison) — Fri, 07 Oct 2022 07:07:00 +0000

What’s going on with the Consumer Price Index? 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 […]

First Thursday, September 2022

will@lris.com (Will Aitchison) — Thu, 08 Sep 2022 22:00:38 +0000

Policing and police staffing in Portland, Oregon. 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). […]

First Thursday, August 2022

will@lris.com (Will Aitchison) — Mon, 08 Aug 2022 18:51:24 +0000

In this month’s podcast: Religious speech implications of the Supreme Court’s Kennedy decision. Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th 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 […]

First Thursday, July 2022

will@lris.com (Will Aitchison) — Thu, 07 Jul 2022 19:01:08 +0000

How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers?Mentioned in this discussion: Garcetti v. Ceballos 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 […]

First Thursday, June 2022

will@lris.com (Will Aitchison) — Thu, 02 Jun 2022 07:55:00 +0000

This month’s cases: 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. […]

First Thursday, May 2022

will@lris.com (Will Aitchison) — Thu, 05 May 2022 09:00:00 +0000

In this month’s podcast: 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 […]

First Thursday, April 2022

will@lris.com (Will Aitchison) — Thu, 31 Mar 2022 09:26:00 +0000

In this month’s podcast: 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 […]

First Thursday, March 2022

will@lris.com (Will Aitchison) — Thu, 03 Mar 2022 07:00:00 +0000

This month’s cases: 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 (4th Cir. 2022). No Employment Right To […]

First Thursday, February 2022

will@lris.com (Will Aitchison) — Thu, 03 Feb 2022 09:00:00 +0000

A brief update on vaccine mandates. 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, […]

First Thursday, January 2022

will@lris.com (Will Aitchison) — Thu, 06 Jan 2022 07:55:00 +0000

Happy new year! This month’s podcast covers: 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 […]

First Thursday, December 2021

will@lris.com (Will Aitchison) — Fri, 03 Dec 2021 01:05:53 +0000

This month’s podcast covers the most recent updates on vaccine mandates as well as the following cases: 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 […]

First Thursday, November 2021

will@lris.com (Will Aitchison) — Thu, 04 Nov 2021 07:50:00 +0000

Are you tired of hearing about vaccination mandates yet? We hope not, because this podcast is all about the legality of mandatory vaccination policies (spoiler alert: they are legal). 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 […]

Police Recruitment And Retention

will@lris.com (Will Aitchison) — Thu, 28 Oct 2021 05:52:00 +0000

Will interviews Angie Salvato and Dr. Vidisha Barua Worley, Esquire on the current state of recruiting and retaining quality law enforcement officers. The interview covers: About our guests: Angie Salvato Angelina Salvato is a Police Officer with the Anchorage Police Department in Alaska and [...]

First Thursday, October 2021

will@lris.com (Will Aitchison) — Thu, 07 Oct 2021 21:16:19 +0000

Tracking vaccine mandate litigation (Table) Police union website archive at Cornell Universityhttps://news.cornell.edu/stories/2021/09/police-union-websites-preserved-library-archive Cases: Apportioning Damages In DFR Cases, POAM v. Hatfield, 2021 WL 3907865 (Mich. App. 2021). No Duty Of Fair Representation Where Union Not Exclusive Rep, Brinson v. Florida PBA, 48 FPER ¶ 19 (Fla. PERC Gen. Counsel 2021). Who Chooses The Reasonable Accommodation […]

Pat Fioretto Interview

will@lris.com (Will Aitchison) — Thu, 09 Sep 2021 10:41:00 +0000

Will interviewed Chicago Pasquale “Pat” Fioretto regarding an important arbitration decision between the City of Chicago and the Chicago FOP Lodge 7. Pat represented the FOP in this case, which dealt with the issues:

First Thursday, September 2021

will@lris.com (Will Aitchison) — Thu, 02 Sep 2021 11:30:00 +0000

More on mandatory vaccination programs 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 […]

First Thursday, August 2021

will@lris.com (Will Aitchison) — Thu, 05 Aug 2021 04:55:00 +0000

Will starts off this month’s podcast with things employers and unions need to know about mandatory Covid vaccine programs. 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 […]

First Thursday, July 2021

will@lris.com (Will Aitchison) — Thu, 01 Jul 2021 07:58:00 +0000

The Last News 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, […]

First Thursday, June 2021

will@lris.com (Will Aitchison) — Thu, 03 Jun 2021 11:27:00 +0000

Cases covered this month: 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, […]

First Thursday, May 2021

will@lris.com (Will Aitchison) — Thu, 06 May 2021 09:57:00 +0000

In this month’s podcast, Will cover public safety legislation from around the country. 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 […]

First Thursday, April 2021

will@lris.com (Will Aitchison) — Thu, 01 Apr 2021 14:00:00 +0000

Facts vs Perception On Race In Policing 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,’ […]

First Thursday, March 2021

will@lris.com (Will Aitchison) — Thu, 04 Mar 2021 17:00:00 +0000

Upcoming LRIS webinars, premium podcasts and seminars. 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 […]

First Thursday, February 2021

will@lris.com (Will Aitchison) — Thu, 04 Feb 2021 01:16:00 +0000

Will talks about the January 6 riot at the Capitol and the following cases: 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 (6th Cir. 2020). No Need To Track Down Attorney For Garrity […]

How To Repair Broken Windows

will@lris.com (Will Aitchison) — Tue, 12 Jan 2021 23:59:20 +0000

In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular? This is a no-holds-barred episode, and we’d love […]

First Thursday, January 2021

will@lris.com (Will Aitchison) — Thu, 07 Jan 2021 20:18:37 +0000

What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question. 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 […]

First Thursday, December 2020

will@lris.com (Will Aitchison) — Wed, 02 Dec 2020 21:58:58 +0000

It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases: 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 (7th Cir. 2020). […]

Interview With Psychologist Dr. Michelle Lilly

will@lris.com (Will Aitchison) — Wed, 11 Nov 2020 06:47:00 +0000

Will interviews Dr. Michelle Lilly about the prevalence of PTSD among first responders with a specific focus on dispatchers. Dr. Lilly is an associate professor of psychology at Northern Illinois University and is the director of the Trauma, Mental Health, and Recovery Laboratory. Mental Health Training and Intervention: A Critical Component of [...]

First Thursday, November 2020

will@lris.com (Will Aitchison) — Wed, 04 Nov 2020 23:00:36 +0000

Will discusses ballot measures from across the country on police issues. 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 (6th Cir. 2020). Reporting Corruption Not Protected By First Amendment, […]

First Thursday, October 2020

will@lris.com (Will Aitchison) — Thu, 01 Oct 2020 01:52:41 +0000

Announcements: 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 […]

First Thursday, September 2020

will@lris.com (Will Aitchison) — Thu, 03 Sep 2020 20:54:08 +0000

An update on LRIS seminars during COVD-19 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 […]

Interview: Challenges Facing Police Union Presidents

will@lris.com (Will Aitchison) — Wed, 12 Aug 2020 19:42:00 +0000

Jeremy Conking of the Anchorage Police Department Employees Association and Keith Olson of the Yonkers Police Benevolent Association speak with Will Aitchison about challenges facing police unions today and how they are dealing with them.

First Thursday, August 2020

will@lris.com (Will Aitchison) — Thu, 06 Aug 2020 01:04:00 +0000

Protests in Portland, Oregon 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 (7th Cir. 2020) Contracts And Memoranda […]

Minnesota Police Reform Bill (Corrected)

will@lris.com (Will Aitchison) — Tue, 21 Jul 2020 20:47:52 +0000

A previous version of this podcast included the wrong recording. 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) […]

First Thursday, July 2020

will@lris.com (Will Aitchison) — Wed, 01 Jul 2020 20:05:41 +0000

Covered in this month’s podcast: 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 […]

Proposed Police Reform Legislation, Part 2

will@lris.com (Will Aitchison) — Wed, 17 Jun 2020 18:40:27 +0000

The Senate Republican bill on police reform has been released and Will covers the big takeaways. 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.

Proposed Police Reform Legislation

will@lris.com (Will Aitchison) — Wed, 17 Jun 2020 02:37:56 +0000

Will covers police reform legislation proposed by U.S. Senate Democrats and the state of Colorado as well as President Trump’s executive order on police reform. President Trump’s Executive Order U.S. Senate Democrat’s Bill Colorado Senate Bill 20-217 Police Reform Legislation Table

Ten Rules For Police Officer Social Media Posts

will@lris.com (Will Aitchison) — Sun, 07 Jun 2020 17:48:57 +0000

Introduction (00:05:43) The Rules Your First Amendment rights are very limited. (00:07:04) Just because something is an Internet meme doesn’t mean you can post it. (00:08:40) Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41) Before posting, ask yourself: if my employer receives a […]

First Thursday, June 2020

will@lris.com (Will Aitchison) — Thu, 04 Jun 2020 22:36:34 +0000

Cases covered: 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 […]

The Challenges Facing Police Unions In Today’s Environment

will@lris.com (Will Aitchison) — Thu, 04 Jun 2020 22:36:10 +0000

In this special bonus podcast, Will discusses the recent controversies in policing, how they affect public safety unions and what unions can do to fight the trend. Headlines (00:00:42) Ten things police unions should be thinking about doing (00:05:16) Engage at all levels (00:08:21) Listen (00:10:38) Get your message out (00:12:15) Be proactive (00:20:18) React […]

Labor And Employment Implications In The Public Safety Workplace Of COVID-19

will@lris.com (Will Aitchison) — Mon, 25 May 2020 20:17:42 +0000

Topics covered: Status of COVID-19 presumptive causation laws (00:01:39) Hazardous duty pay (00:30:28) The impact on the collective bargaining process (00:34:13) Enforcement of governors’ emergency orders (00:38:27) Presumptive Causation Status Jacobson v. Massachusetts, 197 U.S. 11 (1905)

First Thursday, May 2020

will@lris.com (Will Aitchison) — Thu, 07 May 2020 02:39:48 +0000

Impact of COVID-19 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 maskshttps://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 […]

Interview With Lisa Charbonneau

will@lris.com (Will Aitchison) — Wed, 15 Apr 2020 23:16:00 +0000

Are you interested in the Fair Labor Standards Act or FLSA, as it is commonly known? Do you ponder over the Garicia decision? Daydream about Department of Labor regulations? Does thinking about what needs to be included in the regular rate of pay make you feel tingly all over? Then boy, do we have the […]

Interview With Fire Chief Dan Kerrigan On Firefighter Health and Wellness

will@lris.com (Will Aitchison) — Thu, 02 Apr 2020 01:57:12 +0000

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 […]

Interview With Attorney and Author Ron DeLord

will@lris.com (Will Aitchison) — Thu, 02 Apr 2020 01:54:50 +0000

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. Timestamp Topic 0:00 Introduction. 04:10 Ron’s background. 07:15 Founding of CLEAT. 11:28 The unique approach to […]

First Thursday, April 2020

will@lris.com (Will Aitchison) — Wed, 01 Apr 2020 23:38:00 +0000

Covered in this month’s podcast: 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 […]

COVID-19 Policy Issues

will@lris.com (Will Aitchison) — Sun, 29 Mar 2020 20:04:52 +0000

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) Does the employer have a medical professional available on a 24/7 basis? (00:02:40) 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) Are vehicles properly stocked with supplies? (N-95 respirator, disposable gloves, gowns, eye protection, contamination bags) (00:04:52) Is the employer required to conduct routine cleaning and disinfection of stations, vehicles, and other work sites? (00:05:56) 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) 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.? 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.? 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.? 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.? If the employee tests positive for COVID-19 but is asymptomatic, what happens? (00:20:43) If an employee tests positive for COVID-19, are other employees who came into contact with that employee notified? (00:22:22) Is the employer requiring doctor’s notes for employees absent from work for COVID-19 reasons? (00:25:07) 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) 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) Is the employer offering flexible schedules for employees with childcare needs caused by COVID-19? (00:35:49) What is the employer’s telecommuting policy? Who can telecommute? (00:41:58) Do first responders receive any form of hazardous duty pay? (00:43:44) 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) 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.

COVID-19 Labor & Employment Update

will@lris.com (Will Aitchison) — Tue, 24 Mar 2020 13:44:04 +0000

In this special podcast, Will covers the latest developments concerning the COVID-19 outbreak and public safety labor and employment. All the links mentioned in the podcast can be found at https://lris.com/wp-content/uploads/2020/03/COVID-19-Issues.pdf/

First Thursday, March 2020

will@lris.com (Will Aitchison) — Wed, 04 Mar 2020 23:29:00 +0000

This month’s cases: 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 […]

First Thursday, February 2020

will@lris.com (Will Aitchison) — Wed, 05 Feb 2020 23:51:00 +0000

Developments with the Plain View Project 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 […]

Interview With Dr. Stephanie Conn On Emergency Personnel Resilience

will@lris.com (Will Aitchison) — Tue, 21 Jan 2020 23:17:00 +0000

What is resilience, how do emergency personnel develop it and how do departments foster it? Will discusses this important topic with psychologist Stephanie Conn in this special podcast. 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) […]

Physical Agility Tests

will@lris.com (Will Aitchison) — Wed, 15 Jan 2020 21:10:00 +0000

Will interviews Rae Gross and Sarah Kuehnel of the management-side law firm Ogletree Deakins about physical agility tests (PATs). Using a recent blog post on the topic the two attorneys authored as a starting point, the discussion includes the following topics: Why is it that PATs can raise issues under federal law [...]

First Thursday, January 2020

will@lris.com (Will Aitchison) — Thu, 02 Jan 2020 22:50:25 +0000

Will Aitchison discusses the fallout from a photo of Detroit firefighters posing in front of a burned house and the dangers of social media posting for public safety employees. ‘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 […]

Alternative Dispute Resolution For Workers’ Comp Claims

will@lris.com (Will Aitchison) — Wed, 18 Dec 2019 21:34:00 +0000

Will Aitchison interviews Los Angeles Police Protective League Director Mark Cronin and Judge Steve Siemers on how the LAPPL and LAPD are using alternative dispute resolution, or ADR, to resolve workers’ compensation claims. Timestamp Topic 03:56 About the LAPPL 05:38 [...]

Health Care Trusts

will@lris.com (Will Aitchison) — Wed, 11 Dec 2019 23:47:04 +0000

Using the Fort Worth, Texas Firefighters as an example, Will discusses health care trusts as an option for delivering health coverage for public safety employees. Michael Glynn, president of the Fort Worth Firefighters, talks about why the association considered a health care trust, how they got the city to buy into the idea and what […]

First Thursday, December 2019

will@lris.com (Will Aitchison) — Wed, 04 Dec 2019 22:40:13 +0000

This month’s cases: 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. […]

All Things Body Cameras

will@lris.com (Will Aitchison) — Wed, 20 Nov 2019 23:47:00 +0000

Will discusses body cameras with Mike Rains and Rocky Lucia of the law firm Rains Lucia Stern St. Phalle & Silver, PC. They look at the history of body camera use in California, body cameras and criminal prosecutions of police officers, privacy matters, and what issues regarding body cameras are typically negotiated between a [...]

First Thursday, November 2019

will@lris.com (Will Aitchison) — Thu, 07 Nov 2019 23:35:17 +0000

This month, Will covers three recent news stories and four cases. 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 unionizehttps://www.rgj.com/story/news/politics/2019/10/18/nhp-troopers-join-push-unionize-under-new-law/4022638002/ Cases: ‘Witness’ Officer Entitled […]

Interview With Peter Brown

will@lris.com (Will Aitchison) — Wed, 16 Oct 2019 23:00:25 +0000

Will and attorney Peter Brown, a partner in the law firm of Liebert Cassidy Whitmore, the state of public sector bargaining and negotiations in California. LISTEN

First Thursday, October 2019

will@lris.com (Will Aitchison) — Wed, 02 Oct 2019 23:35:44 +0000

Will discusses a recently released study from the Police Executive Research Forum study on the recruitment and retention crisis. 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 […]

Interview With April Upchurch Fredrickson

will@lris.com (Will Aitchison) — Wed, 18 Sep 2019 23:05:55 +0000

The current presidential administration is undoubtedly conservative. This is reflected in the pro-management position its judicial appointments and the Department of Labor have taken on labor and employment issues. As a result, many municipalities, counties and states have passed laws and implemented rules more favorable to labor. Using the new Oregon family [...]

First Thursday, September 2019

will@lris.com (Will Aitchison) — Wed, 04 Sep 2019 23:30:35 +0000

Update: The fallout from the Plain View Project. The Plain View Project is run by a Philadelphia attorney who seeks to reveal the identity of law enforcement officers in eight jurisdictions who post what the attorney deems as sexist, racist or other unsuitable messages on Facebook. Cases: Employer Must Provide Information Before, Not After, Loudermill […]

Interview with Tenari Ma’afala and Vladimir Devens of SHOPO

will@lris.com (Will Aitchison) — Thu, 29 Aug 2019 00:01:56 +0000

Will interviews Tenari Ma’afala and Vladimir Devens of the State of Hawaii Organization of Police Officers (SHOPO) about the state’s unusual collective bargaining law, how they fixed their recruitment and retention problem, arbitration stories, and the standard of conduct differential. LISTEN

Interview With Steve Grammas

will@lris.com (Will Aitchison) — Wed, 07 Aug 2019 23:51:33 +0000

Will interviews Las Vegas Police Protection Association president Steve Grammas about developments in the Nevada legislature strengthening the Public Safety Officer Bill of Rights. They discuss the details of Nevada Senate Bill 242, how it was passed and if it can be a model for similar legislation in other states. LISTEN

First Thursday, August 2019

will@lris.com (Will Aitchison) — Wed, 31 Jul 2019 23:32:03 +0000

Will gives (yet another) warning about potential dangers posed by social media for public safety employees. He gives several recent examples of law enforcement, corrections and fire protection employees who have lost their jobs over controversial social media posts. Cases covered this month: ‘Exploding’ Offers Can Be Bad-Faith Bargaining, City of Arcadia (2019) PERB Decision […]

First Thursday, July 2019

will@lris.com (Will Aitchison) — Tue, 02 Jul 2019 21:03:12 +0000

Will gives another, very necessary, warning about posting on supposedly private social media forums. He also discusses these cases: 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 […]

First Thursday, June 2019

will@lris.com (Will Aitchison) — Wed, 05 Jun 2019 23:19:35 +0000

Will talks about the Plain View Project, an online database of Facebook posts and comments by current and former law enforcement officers that include racist, sexist, anti-Muslim and other controversial sentiments. He also covers the following cases: Employer Cannot Refuse To Negotiate With Union’s Lawyer, FOP, Lodge 109 v. SEPTA, 50 PPER ¶ 7 (Penn. […]

First Thursday, May 2019

will@lris.com (Will Aitchison) — Wed, 01 May 2019 22:32:15 +0000

Will covers four cases this month including a Florida case that deals with the relationship between Garrity and Miranda and an Illinois case involving the relationship between HIPAA and the ADA in regards to fitness for duty evaluations. Full list of cases: How Miranda and Garrity Relate To Each Other, State of Florida v. Socarras, […]

Interview With Police Chief Jim Porter

will@lris.com (Will Aitchison) — Wed, 17 Apr 2019 22:54:27 +0000

Jim Porter of the Bend, Oregon Police Department discusses how a focus on the emotional and physical health of a police department can transform the morale, productivity, and job satisfaction of officers. In the five years he has held his position, Chief Porter has implemented a number of innovative programs designed to improve the well-being […]

Interview With Margaret Brogan

will@lris.com (Will Aitchison) — Wed, 10 Apr 2019 16:34:26 +0000

Will asks arbitrator Margaret Brogan the questions you were afraid to ask — or maybe didn’t know you need to be asking. How much credence do you really give hearsay, anyway?Would you rather see a brief and/or a closing argument and why? What are the five things that irritate you as [...]

First Thursday, April 2019

will@lris.com (Will Aitchison) — Wed, 03 Apr 2019 22:00:46 +0000

This month’s cases include: 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 […]

Interview With Christina Carroll

will@lris.com (Will Aitchison) — Tue, 19 Mar 2019 16:11:24 +0000

Will interviews attorney Christina Carroll of the law firm Robein, Urann, Spencer, Picard & Cangemi, APLC who represented the New Orleans Firefighters is a suit involving the department’s move to allow the Fire Superintendent to promote anyone on a promotional exam list instead of being required to chose from the highest scores.

First Thursday, March 2019

will@lris.com (Will Aitchison) — Wed, 06 Mar 2019 22:54:47 +0000

Our first premium podcast was released on February 20. Will interviewed noted FLSA attorney Greg McGillivary. Subscribe to our newsletter or premium podcasts for access. 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 […]

First Thursday, February 2019

will@lris.com (Will Aitchison) — Wed, 06 Feb 2019 21:00:57 +0000

Have you heard about our new premium subscription service? We’re adding a second monthly podcast interview series, access to LRIS books and newsletter articles, and a 5% discount off of seminar registration fees and book orders. Choose the Premium Podcast or Public Safety Labor News subscription options. This month’s cases include: What Does ‘Substantial’ Evidence […]

First Thursday, January 2019

will@lris.com (Will Aitchison) — Mon, 07 Jan 2019 22:36:51 +0000

Happy 2019 from LRIS. This month’s cases include: 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, […]

First Thursday, December 2018

will@lris.com (Will Aitchison) — Mon, 10 Dec 2018 23:08:19 +0000

It’s the last First Thursday of month. Will has been a bit under the weather, which is why we’re late this month, but we’ve forced him out of his sick bed and into the recording room. First Post-Janus Cases Decided A variety of lawsuits have been filed across the country in the wake of the […]

First Thursday, November 2018

will@lris.com (Will Aitchison) — Wed, 31 Oct 2018 23:30:43 +0000

Another survey! This one is about LRIS seminars, and one lucky participant will receive a $25 Amazon gift card. Complete the survey online here https://www.surveymonkey.com/r/5JSN8L7. The deadline to be entered in the drawing is November 8. This month’s cases include: To What Due Process Are Chiefs Owed, And When?, Straub v. City of Spokane, 738 […]

First Thursday, October 2018

will@lris.com (Will Aitchison) — Thu, 04 Oct 2018 01:30:01 +0000

Show Notes What do you think of the podcast? How do you listen? Help us make the podcast better by taking our short survey! 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 […]

First Thursday, September 2018

will@lris.com (Will Aitchison) — Fri, 14 Sep 2018 22:26:41 +0000

This month’s cases: 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, […]

First Thursday, August 2018

will@lris.com (Will Aitchison) — Wed, 08 Aug 2018 14:41:51 +0000

Ten question to ask in the wake of the Janus decision. Wyoming Law Requires That Volunteers Be Included In Firefighter Bargaining Unit, IAFF, Local 5058 v. Gillette/Wright/Campbell County Fire Protection Joint Powers Board, 2018 WL 3322899 (Wyo. 2018). Prosecutor ‘Absolutely Immune’ For Suit Alleging Brady-List Type Retaliation, Savage v. State of Maryland, 2018 WL 3398220 […]

First Thursday, July 2018

will@lris.com (Will Aitchison) — Thu, 05 Jul 2018 23:44:44 +0000

Show Notes 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 […]

Supreme Court’s Janus Decision

will@lris.com (Will Aitchison) — Wed, 27 Jun 2018 16:07:46 +0000

Will discusses the implications of the Supreme Court’s Janus decision. https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf DOWNLOAD

First Thursday, June 2018

will@lris.com (Will Aitchison) — Tue, 05 Jun 2018 15:51:28 +0000

This month’s cases include: 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 […]

First Thursday, May 2018

will@lris.com (Will Aitchison) — Wed, 02 May 2018 21:02:32 +0000

Will covers a significant new Brady decision out of Vermont (Hubacz v. Village of Waterbury, 2018 WL 1660050 (Vt. 2018)) as well as the following cases: ‘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. […]

First Thursday, April 2018

will@lris.com (Will Aitchison) — Wed, 04 Apr 2018 23:20:14 +0000

In this month’s podcast, Will discusses the following cases: 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 […]

Interview With Attorney Scott Wood

will@lris.com (Will Aitchison) — Tue, 27 Mar 2018 21:36:08 +0000

Will interviews Oklahoma attorney Scott Wood. Mr. Wood represented Tulsa police officer Betty Shelby when she was charged with two counts of manslaughter after her shooting of an unarmed civilian drew national media attention. The details of the incident are covered as well as the far-reaching implications of this case for officers involved in critical […]

First Thursday, March 2018

will@lris.com (Will Aitchison) — Wed, 28 Feb 2018 21:35:46 +0000

Will talks about developments with the Cadillac Tax on high-cost health insurance plans and other ways congressional action is affecting public safety labor issues. He also addresses a question about whether mandatory homework during training is compensable under the FLSA, and discusses the following cases: Court Finds Fitness-For-Duty Evaluations Violate The ADA, Port Authority Police […]

First Thursday, February 2018

will@lris.com (Will Aitchison) — Wed, 31 Jan 2018 23:49:37 +0000

This month’s cases include: 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 […]

First Thursday, January 2018

will@lris.com (Will Aitchison) — Tue, 02 Jan 2018 16:12:10 +0000

The effects of the Tax Cut and Reform Bill. Minimum Staffing For Police Not Negotiable In Illinois, Village of Maywood, 34 PERI ¶ 77 (Ill. LRB Gen. Counsel 2017). Taser Exposure Not Essential To Job Of Detective, Lewis v. City of Union City, 2017 WL 6397619 (11th Cir. 2017). ‘Ominous Context’ Of Interview Triggers Weingarten […]

First Thursday, December 2017

will@lris.com (Will Aitchison) — Tue, 12 Dec 2017 21:29:56 +0000

This month’s First Thursday podcast is a week late because the podcast producer dropped the ball (sorry). We’re offering a prize to the first listener who can identify the classic television show theme music Will uses as his ring tone. This month’s podcast includes: What the new tax bill means for public safety agencies and […]

Interview With BLS Economist Steve Reed

will@lris.com (Will Aitchison) — Sun, 05 Nov 2017 01:00:41 +0000

Will interviews Bureau of Labor Statistics economist Steve Reed on recent revisions to the Consumer Price Index local and regional indices and their possible impacts on collective bargaining agreements. LISTEN

First Thursday, November 2017

will@lris.com (Will Aitchison) — Wed, 01 Nov 2017 22:29:35 +0000

Will talks about the rising police wages in several large California cities and the following cases: 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 […]

Interview With Cristiano Guarana On Sleep Deprivation

will@lris.com (Will Aitchison) — Sun, 15 Oct 2017 21:49:38 +0000

Will interviews Kelley School of Business Professor Cristiano Guarana about his research on effects of sleep deprivation in the work environment and its implications on public safety employees. LISTEN

First Thursday, October 2017

will@lris.com (Will Aitchison) — Tue, 03 Oct 2017 17:22:35 +0000

Will discusses the Supreme Court’s decision to hear a fair share case, what the ruling will likely be and how it will effect public safety employee unions. He also covers the Bureau of Labor Statistics new geographic area sample for the Consumer Price Index (CPI) and what it means when negotiating a new contract. (See […]

First Thursday, September 2017

will@lris.com (Will Aitchison) — Wed, 06 Sep 2017 23:14:06 +0000

In this month’s podcast, Will discusses the the potential impact of the nominee to head Department of Labor’s Wage and Hour Division. He also talks about public perception of police misconduct and the role law enforcement organizations must play in the conversation. This month’s cases are: Highway Patrol’s Overbroad Policies Violate Free Speech Rights, Moonin […]

Interview With Jon Dileno

will@lris.com (Will Aitchison) — Mon, 28 Aug 2017 23:02:40 +0000

Will interviews management attorney Jon Dileno, who represented the City of Cleveland in an arbitration hearing dealing with a deadly police chase that involved dozens of Cleveland police officers. Will and Jon discuss the details of this case, how the arbitrator reached his decision and what the impact has been. LISTEN Arbitrator’s Award

First Thursday, August 2017

will@lris.com (Will Aitchison) — Tue, 08 Aug 2017 17:06:06 +0000

This month cases: 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 […]

Interview With Robert Buschel

will@lris.com (Will Aitchison) — Mon, 24 Jul 2017 17:06:39 +0000

Will interviews attorney Robert Buschel about his case dealing with a Florida civilian review board’s authority to subpoena police officers. The case is D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017). Mr. Buschel is also the author of the novel By Silent Majority. LISTEN

First Thursday, July 2017

will@lris.com (Will Aitchison) — Fri, 07 Jul 2017 23:42:33 +0000

In this month’s podcast: 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 […]

First Thursday, June 2017

will@lris.com (Will Aitchison) — Fri, 02 Jun 2017 22:47:31 +0000

In this month’s podcast: 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, […]

First Thursday, May 2017

will@lris.com (Will Aitchison) — Thu, 04 May 2017 21:17:44 +0000

Will discusses the recent passage in the House of Representative of a bill legalizing comp time in the private sector. He also covers the following cases: 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, […]

First Thursday, April 2017

will@lris.com (Will Aitchison) — Wed, 05 Apr 2017 17:20:09 +0000

This month’s cases: 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 […]

First Thursday, March 2017

will@lris.com (Will Aitchison) — Fri, 03 Mar 2017 01:03:14 +0000

Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017). ‘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). […]

First Thursday, February 2017

will@lris.com (Will Aitchison) — Wed, 01 Feb 2017 17:14:41 +0000

The cases covered in this month’s podcast are: 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 […]

Interview With NBC Reporter Alex Seitz-Wald

will@lris.com (Will Aitchison) — Tue, 17 Jan 2017 01:30:34 +0000

Will interviews Alex Seitz-Wald of NBC News about his report How Firefighters Help Explain the Outcome of 2016 Election. LISTEN

First Thursday, January 2017

will@lris.com (Will Aitchison) — Thu, 05 Jan 2017 22:12:03 +0000

In our first podcast of 2017, Will discusses a question received on our website about whether there are exceptions to management’s adherence to past practice when imposing discipline. He also cover the following cases: Denver Body-Cam Policy Negotiable, Denver Police Protective Association v. City of Denver, No. 15CV33862 (Colo. Dist. Ct. 2016) Grand Juries And […]

First Thursday, December 2016

will@lris.com (Will Aitchison) — Wed, 30 Nov 2016 23:04:46 +0000

In our final podcast of 2016, Will reveals the five biggest mistakes employers make during internal affairs investigations and covers the following cases: 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 […]

Special Election Podcast

will@lris.com (Will Aitchison) — Thu, 10 Nov 2016 22:54:33 +0000

What will the Trump presidency likely mean for the public safety workplace? Topics covered include: Fair share, the Affordable Care Act, the FLSA and other federal regulations, regulatory enforcement, the NLRB and DOJ consent decrees.

First Thursday, November 2016

will@lris.com (Will Aitchison) — Tue, 01 Nov 2016 16:03:50 +0000

Included in this month’s podcast: 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 […]

First Thursday, October 2016

will@lris.com (Will Aitchison) — Thu, 06 Oct 2016 21:17:42 +0000

The following cases are covered in this month’s podcast: 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) […]

First Thursday, September 2016

will@lris.com (Will Aitchison) — Wed, 31 Aug 2016 15:53:56 +0000

Will discusses two very important recent cases. The first is a donning and doffing FLSA case out of New York – Perez v. City of New York, 2016 WL 4087216 (2nd Cir. 2016) – and the other involves a change in California;s law on pension reductions – Marin Association of Public Employees v. Marin County […]

First Thursday, August 2016

will@lris.com (Will Aitchison) — Wed, 03 Aug 2016 21:34:03 +0000

This month’s topics: 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 […]

First Thursday, July 2016

will@lris.com (Will Aitchison) — Tue, 12 Jul 2016 23:13:13 +0000

This month’s topics: 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. […]

Interview With James Moore On Body Camera Decision Out Of OKC

will@lris.com (Will Aitchison) — Thu, 16 Jun 2016 19:29:30 +0000

Will interviews attorney James Moore of Oklahoma City about a major body camera arbitration decision. An arbitrator ruled that “the use of body-worn cameras constitutes an enormous change in the working conditions of police officers,” and held that the City could not unilaterally implement its body camera program. LISTEN UPDATE As my post on the […]

First Thursday, June 2016

will@lris.com (Will Aitchison) — Fri, 03 Jun 2016 23:35:55 +0000

This month’s topics: 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 […]

First Thursday, May 2016

will@lris.com (Will Aitchison) — Wed, 04 May 2016 21:10:51 +0000

This month’s topics: 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 […]

First Thursday, April 2016

will@lris.com (Will Aitchison) — Wed, 06 Apr 2016 17:11:58 +0000

Will discusses the impact of a divided Supreme Court’s Friedrichs decision upholding the constitutionality of “fair share,” and important decision on tattoo policy and impact bargaining out of Chicago, and more. Listen 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 […]

First Thursday, March 2016

will@lris.com (Will Aitchison) — Thu, 03 Mar 2016 18:31:12 +0000

Listen 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, […]

First Thursday, February 2016

will@lris.com (Will Aitchison) — Fri, 05 Feb 2016 00:10:43 +0000

Will discusses three important news stories and three recent cases. LRIS would also like to introduce our Q&A hotline where podcast listeners can submit questions directly to Will. To leave a voice mail, call 503-836-5255. In addition to your question, please let Will know the state where you’re employed and whether you work in a […]

First Thursday, January 2016

will@lris.com (Will Aitchison) — Thu, 07 Jan 2016 16:51:46 +0000

In this month’s podcast, Will discusses the reasons why police and fire personnel have lower health care utilization than civilian employees. He also covers the following cases. 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, […]

Interview With Randy Doubrava On Important Brady Decision

will@lris.com (Will Aitchison) — Thu, 10 Dec 2015 09:31:06 +0000

Will interviews Randy Doubrava about a bombshell Brady case out of the Texas Court of Appeals, Brown v. Nero, 2015 WL 5666172 (Tex. App. 2015). Randy, an attorney for the Texas Municipal Police Association, was one of the attorneys for the appellant. Listen

First Thursday, December 2015

will@lris.com (Will Aitchison) — Fri, 04 Dec 2015 19:27:38 +0000

In this month’s podcast, Will discusses attacks on police union bargaining rights from both the left and right sides of the political spectrum and covers the following cases. 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 […]

First Thursday, November 2015

will@lris.com (Will Aitchison) — Thu, 05 Nov 2015 07:31:17 +0000

In this month’s First Thursday podcast, Will reviews an important Brady decision out of Texas and cases involving Weingarten, Garrity, police officer bill of rights, presumptive causation and protected speech. 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 […]

What Is A “Personnel File” Under The California Firefighters Bill Of Rights?

will@lris.com (Will Aitchison) — Tue, 13 Oct 2015 06:29:28 +0000

What Is A “Personnel File” Under The California Firefighters Bill Of Rights?

will@lris.com (Will Aitchison) — Tue, 13 Oct 2015 06:29:28 +0000

In this podcast, Will interviews California management attorney Barbara Raileanu about a case involving whether a supervisor’s log can be considered a “personnel file” under the California Firefighter Procedural Bill of Rights. Download podcast Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email The post What Is A “Personnel File” Under The California Firefighters Bill Of Rights? appeared first on Labor Relations Information System.

First Thursday, October 2015

will@lris.com (Will Aitchison) — Wed, 30 Sep 2015 22:56:16 +0000

Topics discussed in this month’s podcast include: 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. […]

First Thursday, September 2015

will@lris.com (Will Aitchison) — Fri, 04 Sep 2015 23:20:27 +0000

Topics discussed in this month’s podcast include: 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 […]

Interview With Steve Bukaty On Brady And Giglio

will@lris.com (Will Aitchison) — Thu, 13 Aug 2015 08:00:37 +0000

Will interviews Kansas attorney Steve Bukaty an important case dealing with Brady and Giglio in the town of Hutchinson and a Brady/Giglio policy in the Wichita Police Department. Download podcast Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email The post Interview With Steve Bukaty On Brady And Giglio appeared first on Labor Relations Information System.

First Thursday, August 2015

will@lris.com (Will Aitchison) — Thu, 06 Aug 2015 06:12:59 +0000

Topics discussed in this month’s podcast include: 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 […]

First Thursday, July 2015

will@lris.com (Will Aitchison) — Wed, 01 Jul 2015 15:59:26 +0000

Topics discussed in this month’s podcast include: 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 […]

First Thursday, June 2015

will@lris.com (Will Aitchison) — Wed, 03 Jun 2015 19:21:15 +0000

Cases discussed in this month’s podcast include: 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 […]

The Brady Rule

will@lris.com (Will Aitchison) — Fri, 15 May 2015 19:49:53 +0000

Will covers the explosion of Brady list cases in recent years. DOWNLOAD THE BRADY CHAPTER FROM THE NEW EDITION OF THE RIGHTS OF LAW ENFORCEMENT OFFICERS

First Thursday, May 2015

will@lris.com (Will Aitchison) — Wed, 06 May 2015 17:51:12 +0000

Cases discussed in this month’s podcast include: 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. […]

First Thursday, April 2015

will@lris.com (Will Aitchison) — Thu, 02 Apr 2015 17:19:23 +0000

This month’s podcast features an overview of the anti-public safety collective bargaining legislation making its way in various state houses across the country and an important new genetic information discrimination case involving a firefighter. Cases discussed: Firefighter Wins Age Discrimination, GINA Claims, Lee v. City of Moraine Fire Department, 2015 WL 914440 (S.D. Ohio 2015) […]

State Public Records Law And Performance Evaluations

will@lris.com (Will Aitchison) — Sat, 14 Feb 2015 00:59:41 +0000

Will interviews Minnesota management-side labor attorney Greg Wiley on a most unusual case from the Minnesota Supreme Court. The court unanimously decided that a portion of Minnesota’s public records law allows employees the right to a hearing to challenge some aspects of performance evaluations. The case involved Todd Schwanke, an employee of the Steele County […]

Interview With Tim Yeung On California PERB’s Decision On “No-Contact” Orders

will@lris.com (Will Aitchison) — Wed, 14 Jan 2015 07:50:10 +0000

Will Interviews management-side attorney Tim Yeung of the law firm Renne Sloan Holtzman Sakai on a recent decision from the California Public Employment Relations Board to prohibit blanket confidentiality clauses during investigations. Tim writes California PERB Blog, which is an invaluable resource resource that we highly recommend you check out.

Union Logos In The Workplace

will@lris.com (Will Aitchison) — Tue, 06 Jan 2015 21:51:55 +0000

Will interviews attorney Jeffrey Edwards and IAFF Local 522 representative Steve Loza about a case involving whether the wearing of union logos in the workplace is a protected union right.

The Cognitive Effects Of Shift Work

will@lris.com (Will Aitchison) — Sat, 06 Dec 2014 01:08:36 +0000

Will interviews Dr. Philip Tucker of Swansea University in Wales about an important study on the cognitive effects of shift work.

First Thursday, December 2014

will@lris.com (Will Aitchison) — Wed, 03 Dec 2014 21:15:39 +0000

[jwplayer player=”1″ mediaid=”9272″] 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 […]

First Thursday, November 2014

will@lris.com (Will Aitchison) — Tue, 11 Nov 2014 20:12:51 +0000

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: A review of contract negotiations with the nation’s three largest cities – New York, Los Angeles […]

Communicable Disease Policies

will@lris.com (Will Aitchison) — Fri, 24 Oct 2014 18:41:59 +0000

Are public safety agencies prepared for communicable disease epidemics? What sorts of questions should public safety agencies be asking about their policies? Will Aitchison discusses these issues in our latest podcast. Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by […]

First Thursday, October 2014

will@lris.com (Will Aitchison) — Fri, 03 Oct 2014 22:49:37 +0000

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. In this month’s podcast, Will covers a federal bankruptcy judge ruling that upends the widely held belief that public workers’ pensions […]

First Thursday, September 2014

will@lris.com (Will Aitchison) — Thu, 04 Sep 2014 18:14:51 +0000

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, […]

First Thursday, August 2014

will@lris.com (Will Aitchison) — Wed, 06 Aug 2014 22:19:08 +0000

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 […]

First Thursday, July 2014

will@lris.com (Will Aitchison) — Mon, 07 Jul 2014 20:41:32 +0000

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. 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

Supreme Court Rejects Request To Hold ‘Fair Share’ Unconstitutional

will@lris.com (Will Aitchison) — Mon, 30 Jun 2014 18:22:09 +0000

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 […]

First Thursday, June 2014

will@lris.com (Will Aitchison) — Thu, 05 Jun 2014 22:35:34 +0000

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 […]

First Thursday, May 2014

will@lris.com (Will Aitchison) — Wed, 30 Apr 2014 22:35:05 +0000

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!) Download the podcast (Use this link to listen on […]

First Thursday, April 2014

will@lris.com (Will Aitchison) — Thu, 03 Apr 2014 08:00:33 +0000

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 […]

First Thursday, March 2014

will@lris.com (Will Aitchison) — Fri, 07 Mar 2014 22:38:56 +0000

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 […]

First Thursday, February 2014

will@lris.com (Will Aitchison) — Fri, 14 Feb 2014 20:12:33 +0000

[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 […]

First Thursday, January 2014

will@lris.com (Will Aitchison) — Fri, 14 Feb 2014 19:44:29 +0000

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 […]

First Thursday Podcast For December

will@lris.com (Will Aitchison) — Fri, 13 Dec 2013 17:36:18 +0000

[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 […]