First Thursday

Latest Episodes:

First Thursday, December 2017 Dec 12, 2017

Show notes

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

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First Thursday, November 2017 Nov 01, 2017

Show notes

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 of Anniston, 2017 WL 4340449 (N.D. Ala. 2017)
Employer Must Bargain Before Changing Past Practice Of Reimbursing For Medicare B Premiums, Albany Police Officers Union v. New York Public Employment Relations Board, 2017 WL 3977628 (N.Y. A.D. 2017)

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First Thursday, October 2017 Oct 03, 2017

Show notes

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 https://www.bls.gov/opub/mlr/2016/article/the-2018-revision-of-the-CPI-geographic-sample.htm and https://www.bls.gov/cpi/geographic-revision-2018.htm.)

The following cases are also covered:

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

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First Thursday, September 2017 Sep 06, 2017

Show notes

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

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First Thursday, August 2017 Aug 08, 2017

Show notes

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 Raid Of Marijuana Dispensary, Santa Ana Police Officers Association v. City of Santa Ana, 2017 WL 2879796 (Cal. App. 2017)
No Due Process Requirement For Reprimands, Upchurch v. City of Orange Township, 2017 WL 2536361 (N.J. App. 2017)
Arbitrator’s ‘Chokehold’ Opinion Upheld, City of Boston v. Boston Police Patrolmen’s Association, 2017 WL 2960815 (Mass. 2017)

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First Thursday, July 2017 Jul 07, 2017

Show notes

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 Need Not Be Included In California Retirement Calculations, DiCarlo v. County of Monterey, 2017 WL 2265098 (Cal. App. 2017)

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First Thursday, June 2017 Jun 02, 2017

Show notes

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, Santiago v. New York & New Jersey Port Authority, 2017 WL 1437196 (3rd Cir. 2017)

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First Thursday, May 2017 May 04, 2017

Show notes

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, 2017 WL 1151104 (Penn. 2017)
Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’, City of Montgomery, BMS 16-PA-0828 (Charlotte Neigh 2017)

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First Thursday, April 2017 Apr 05, 2017

Show notes

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 Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017);
Miami Not Allowed To Unilaterally Change Police Contract Without Bargaining, Headley v. City of Miami, 2017 WL 819740 (Fla. 2017);
Sheriff’s Hugging Can Be Sexual Harassment, Zetwick v. County of Yolo, 2017 WL 710476 (9th Cir. 2017)

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First Thursday, March 2017 Mar 03, 2017

Show notes

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).

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