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    Government

    First Thursday

    A monthly podcast from LRIS that provides in-depth coverage of trends in public sector labor relations.

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    Copyright: © Labor Relations Information System

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    Latest Episodes:
    First Thursday, August 2022 Aug 08, 2022
    Show notes

    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 v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022).

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

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


    First Thursday, July 2022 Jul 07, 2022
    Show notes

    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 v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022).

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


    First Thursday, June 2022 Jun 02, 2022
    Show notes

    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. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022).

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

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


    First Thursday, May 2022 May 05, 2022
    Show notes

    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 Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022)

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


    First Thursday, April 2022 Mar 31, 2022
    Show notes

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

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

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

    LRIS wage and benefit survey.


    First Thursday, March 2022 Mar 03, 2022
    Show notes

    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 Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274 (Fla. PERC 2022).


    First Thursday, February 2022 Feb 03, 2022
    Show notes

    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, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022).

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

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


    First Thursday, January 2022 Jan 06, 2022
    Show notes

    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 a challenge to vaccine mandate is going on.
    • What the Supreme Court will be ruling regarding two of the federal vaccine mandates later this week.

    Non-Vaccine Cases:

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

    First Thursday, December 2021 Dec 03, 2021
    Show notes

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

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


    First Thursday, November 2021 Nov 04, 2021
    Show notes

    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 navigate to a question that interests you most.

    Our Vaccination Mandate Litigation Table.

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

    Questions:

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

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

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

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

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

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

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

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

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


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