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.
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
Jan 15, 2026
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
Jan 08, 2026
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
Dec 04, 2025
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
Nov 07, 2025
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 ¶ 22 (ILRB 2025)
First Thursday, October 2025
Oct 02, 2025
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 will be featured in the Public Safety Labor News.
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 Following Expiration Of “Temporary Emergency” Assignment Side Letter, San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025).
00:12:58 – Codification Of Unwritten Work Rule Not An Unfair Practice Where No Change To A Mandatory Bargaining Subject, Jenkintown Borough, 56 PPER ¶ 57 (Proposed Decision and Order, 2025).
00:20:14 – Officer Terminated For Leaving Interrogation To Wait For Union Rep, County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025).
00:31:26 – Due Process Requires Impartial Tribunal In Brady List Dispute, Corbo v. Chester County, 2025 Pa. Commw. LEXIS 70 * (Pa. Commw. Ct. 2025).
00:45:24 – Interview with Bob Brooks
First Thursday, August 2025
Aug 07, 2025
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.
00:01:15 – The latest from LRIS
00:03:17 – No tax on overtime
Cases
00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association v. City of Santa Ana, 2025 Cal. App. LEXIS 115 (Cal. Ct. App. 2025).
00:25:34 – Rhode Island Supreme Court Permits Unilateral Changes To CO Attendance Policy, State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025).
00:37:53 – County Jail Not Required To Bargain Solitary Confinement And Use Of Force Policies, Allegheny Cnty. Prison Emps. Indep. Union v. Pa. Lab. Rels. Bd., 2025 Pa. Commw. LEXIS 99 (Pa. Commw. Ct. 2025).
First Thursday, July 2025
Jul 03, 2025
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)
Oregon Employer’s “Bargaining Summary” Emails To Officers Did Not Constitute Improper Direct Dealing, Oregon Corrections Enterprises, Case No. UP-042-24 (ORB 2025). (00:46:53)
NJ Fire Chief Not Bound By Unratified, Secret Compensatory Time Settlement, City of Jersey, 51 NJPER ¶ 70 (2025). (01:08:45)
First Thursday, June 2025
Jun 05, 2025
FAQs
00:00:49
What are the limits on fitness for duty exams?
What counts as protected union activity?
Does a high test score entitle you to a promotion?
What happens when a long-standing past practice conflicts with new (or old) contract language?
What’s new with LRIS?
00:01:24
Cases
Cook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam, Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025). 00:03:06
Union President Engaged In Protected Concerted Activity When Sharing Confidential Report, Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025). 00:14:49
No Due Process Owed To Minneapolis Officer Removed From Promotional List, Humphrey v. City of Minneapolis Civ. Serv. Comm’n, 2025 Minn. App. Unpub. LEXIS 173* (Minn. Ct. App. 2025). 00:24:49
County Commits ULP By Unilaterally Discontinuing Practice Of Providing Paid Leave When Courthouse Closed For Holidays, County of Albany and Albany County Sheriff, 57 PERB ¶ 3011 (2024). 00:36:18
NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice, Newark Fire Officers Union, Loc. 1860 v. City of Newark, 2024 N.J. Super. Unpub. LEXIS 2969 (N.J. Super. Ct. App. Div., 2024). 00:42:11
First Thursday, May 2025
May 01, 2025
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. 2025).
0:25:30 Snippy And “Chilling” Email From NJ Administrator To Union President Constitutes ULP, City of Trenton, 51 NJPER ¶ 46 (2025).
0:36:43 NJ PERC Permits Unilateral Change To COs’ Weekend Work Schedules, Hudson County, 51 NJPER ¶ 61 (2025).
First Thursday, April 2025
Apr 03, 2025
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 Fails For Louisiana Police Chief Caught With Drugs And Cash In Vehicle, State v. Bratton, 2025 La. App. LEXIS 331 (La. Ct. App. 2025).
City Council Permitted To Sue Firefighter For Pursuing Recall Petition After Service Cuts, Waggoner v. Husk, 337 Ore. App. 519 (Or. Ct. App. 2025).
First Thursday, March 2025
Mar 06, 2025
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 State Lodge v. Springfield Township).
00:14:32 — Lance LoRusso talks about the Blue Line Lawyer Institute and its upcoming Force Forum on May 20-22 in Jekyll Island, Georgia.
00:30:27 — Rick and Lance discuss a Barnes v. Felix. This use of force case on the Supreme Court’s docket is about whether courts should apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment.
First Thursday, February 2025
Feb 06, 2025
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 – A bit of labor history, Part 1: The Boston police strike of 1919
0:12:38 – A bit of labor history, Part 2: PATCO strike of 1981
0:25:10 – Joe Richardson introduction
0:28:27 – Case: FOP Lodge 47 v. Douglas County and the Douglas County Sheriff’s Office
First Thursday, January 2025
Jan 10, 2025
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:
A big legislative win for public sector employees.
A look at wage increases for 2024.
Two cases:
Back pay, not reinstatement, for LAPD officer dealt a due process violation, Bedard v. City of Los Angeles, 2024 WL 4634930 (Cal. Ct. App. 2024).
Court’s review of compliance with grievance procedure cannot consider other arguments, Shifflett v. Hill, Record No. 1357-23-4, LEXIS 582 (Va. Ct. App. 2024).
First Thursday, December 2024
Dec 05, 2024
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 of Manchester, No. 2022-0448 (N.H. 2024).
Court Upholds Arbitration Award Allowing Cos To Refuse Mandatory Overtime, Allegheny County v. Allegheny County Prison Employees Independent Union, No. 1122 C.D. 2023, 2024 WL 3687877 (Pa. Commw. Ct., 2024).
First Thursday, November 2024
Nov 11, 2024
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).
Fenico et al v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D.Pa. October 28, 2024).
Boyd v. City of Memphis, 2024 WL 3984020 (Tenn. Ct. App., 2024).
First Thursday, October 2024
Oct 03, 2024
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 That Lawyers Matter In Dismissing Sergeant’s Speech Lawsuit, Brockett v. Effingham County, Illinois, 2024 WL 3982729 (7th Cir. 2024). (0:29:31)
Absolute Immunity for Philly DA Despite Biased Prosecution of Police Officer, Pownall v. Krasner, No. 23-2049, 2024 WL 4164621 (3d Cir., Sept. 12, 2024). (0:35:58)
Bevill v. Wheeler, 2024 WL 2762493 (5th Cir. 2024). (0:46:09)
First Thursday, September 2024
Sep 09, 2024
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 New Jersey, No. 2:2023cv21196 (D.N.J. 2024)
Supreme Court Decides Gun Case Impacting First Responder Marijuana Rights, US v. Rahimi, 602 US _ (2024)
Is It Legal To Use Marijuana And Own a Firearm? US v. Connelly, No. 23-50312 (5th Cir. 2024)
First Thursday, August 2024
Aug 01, 2024
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 of Lancaster v. Pennsylvania Lab. Rels. Bd., 309 A.3d 178 (Pa. Commw. Ct., 2024).
Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, No. 23-1063, 2024 WL 1040625 (10th Cir., 2024).
Anxiety Caused by Coworker Does Not Excuse Officer’s Marijuana Use, In re: Steven Allen, Gloucester County Sheriff’s Office, DOCKET NO. A-1820-22, 2024 WL 2235554 (N.J. Super. App. Div., May 17, 2024)
First Thursday, July 2024
Jul 04, 2024
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 and Rick talk about Dave in the interview, which was recorded prior to Dave’s passing.
This month’s cases:
Court Rules Sharing Unsubstantiated Rumors About Coworkers Does Not Violate Public Policy, Town of Plympton vs. Plympton Police Association MassCop Local 276, June 7, 2024
Firefighter’s Failure to Meet Mandatory Reporting Requirements Not Sufficient To Vacate Award of Reinstatement, Portland Firefighters Local 43 vs. City of Portland, 2024 WL 2933064 (OR ERB)
Prison Committed ULP By Refusing to Provide Staffing Guidelines Requested By Union, Federal Bureau Of Prisons Federal Correctional Institution Cumberland, Maryland Respondent And American Federation Of Government Employees, Local 4010, 2024 WL 2860890 (F.L.R.A.)
First Thursday, June 2024
Jun 06, 2024
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 labor.
Will also talks about the important of honesty, preparation, and cultivating a relationship with the other side.
First Thursday, May 2024
May 02, 2024
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 Conn. 452 (Conn. 2024).
Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).
County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff’s Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).
LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers’ Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).
First Thursday, April 2024
Apr 04, 2024
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 Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024). Related case: State v. Jackson.
Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).
First Thursday, March 2024
Mar 07, 2024
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. 22-2433, 2024 WL 224982 (7th Cir.).
Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).
Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023)
Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023)
Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023)
What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).
First Thursday, January 2024
Jan 04, 2024
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.
Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023).
‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023).
Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).
First Thursday, December 2023
Dec 07, 2023
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 Stamford, 2023 WL 7540719 (Conn. Super. 2023).
Union President Can Waive Union’s Bargaining Rights, City of Methuen, 2023 WL 7184541 (MA LRC 2023).
Officers Entitled To Privacy About Participation In January 6 Rally, Jane Doe 1 v. Seattle Police Department, 2023 WL 4182193 (Wash. App. 2023). Download this case.
Department’s Garrity Failure Results In Reinstatement, Foltz v. City of St. Louis, 2023 WL 5688659 (Mo. App. 2023).
When Are Text Messages A Matter Of Public Concern, Prince George’s County v. Brooks, 2023 WL 5318327 (Md. App. 2023). Download this case.
Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL 2418939 (Tex. App. 2023).
Obtaining New Job Defeats Constitutional Liberty Claim, Jones v. Lake County Sheriff’s Office, 2023 WL 2631659 (N.D. Ill. 2023).
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 Challenge To Union’s Non-Member Fee Structure, Taylor v. Pennsylvania State Corrections Officers Association, 2023 WL 2565029 (Penn. Super. 2023). This is the first major case related to the Janus decision. Download Janus.
ALJ Finds Employer Engaged In Illegal Surface Bargaining, City of Compton, 47 PERC ¶ 130 (Cal. PERB 2023).
Change Of Union Does Not Necessarily Terminate Grievance Procedure, City of Chelsea, 203 N.E.3d 1142 (Mass. 2023).
First Thursday, April 2023
Mar 30, 2023
The first meaningful applications of artificial intelligence in the public safety labor world are happening. What does this bode for the near future?
Article: Event-level prediction of urban crime reveals a signature of enforcement bias in US cities from Nature Human Behaviour, published June 30, 2022, https://www.nature.com/articles/s41562-022-01372-0
Cases:
Arbitrator’s Decision Reinstating Text-Messaging Officer Not Against Public Policy, City of Springfield v. PPBA, Unit 5, 2023 IL App (4th) 220321-U (Ill. App. 2023).
No Privacy Protections Against Disclosure Of Officers’ Names, Fraternal Order of Police v. District of Columbia, 2023 WL 2317584 (D.C. App. 2023).
Officer’s Suicide ‘Line Of Duty’ Death, In re Lannon, 2022 WL 17747778 (Minn. App. 2022).
First Thursday, January 2023
Jan 05, 2023
It’s a new year and the times, they are a-changin’ here at LRIS. In this month’s podcast:
An announcement from Will Aitchison.
No Religious Freedom Exception To Photographs In Uniform, Swartz v. Sylvester, 2022 WL 17090374 (1st Cir. 2022).
City To Pay $1.6 Million For Firefighter Staffing Violation, East Cleveland IAFF 500 v. City of East Cleveland, 2022 WL 16635231 (Ohio App. 2022).
Backpay Can Include Overtime, Stockli v. North Carolina Department of Public Safety, 2022 WL 16937444 (N.C. App. 2022).
Court Upholds Chicago Police Vaccination Requirement, Fraternal Order of Police, Chicago Lodge No. 7 v. City of Chicago, 2022 IL App (1st) 220346-U (Ill. App. 2022).
Officer Loses Job To Facebook Post, Kirkland v. City of Marysville, 2022 WL 17413720 (6th Cir. 2022).
Union Fails To Timely Demand To Bargain Over Pension Changes, Association of Orange County Deputy Sheriffs, 47 PERC ¶ 84, (Cal. PERB 2022).
First Thursday, December 2022
Dec 01, 2022
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 Riverside, 2022 WL 16646827 (Cal. App. 2022).
Reasonable Accommodation And Cold Baths, Bright v. Martin, 2022 WL 16712874 (E.D. La. 2022).
PTSD Caused By Shooting, Not Gradual Stress, Las Vegas Metropolitan Police Department v. Marx, 2022 WL 17185093 (Nev. App. 2022).
First Thursday, November 2022
Nov 03, 2022
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 14890243 (S.D.N.Y. 2022).
Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022 WL 14229458 (7th Cir. 2022).
Court Upholds Anti-Fraternization Rule, Lewis v. Smith, 2022 WL 10965839 (5th Cir. 2022).
First Thursday, October 2022
Oct 07, 2022
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 Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022).
Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022).
Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board of Trustees, 2022 IL App (3d) 210100-U (Ill. App. 2022).
Post-Retirement Conduct Can Result In Pension Forfeiture, Mahan v. Boston Retirement Board, 2022 WL 4073845 (Mass. 2022).
Officer Had No Expectation Of Privacy In Employer Video Equipment, Kilmer v. State of Texas, 2022 WL 3053873 (Tex. App. 2022).
Disagreement With Tactics Not Basis For Claim Against Union, In re Bruder, 55 PERB ¶ 4542 (NY PERB Director 2022).
Union Does Not Breach DFR By Refusing To Bargain Seniority Issue, Barth v. City of Cranston, 2022 WL 3225382 (1st Cir. 2022).
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First Thursday, August 2022
Aug 08, 2022
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).
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
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
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
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?
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
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).
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)
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.
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)
Police Recruitment And Retention
Oct 28, 2021
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: The changes in general nature of prospective officers they’ve seen over time and why they think these changes have occurred. How the changes [...]
Vaccine Mandate Litigation
Oct 09, 2021
Here’s the table of cases on vaccine mandate litigation that we forgot to include in the podcast show notes.
Costs Are Legitimate Reason Not To Arbitrate Grievance, Sussex County Sheriff’s Office, 47 NJPER ¶ 123 (NJ PERC 2021).
First Thursday, June 2021
Jun 03, 2021
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.
Fire Department’s Tattoo Policy Upheld, City of Brockton (Matchem), Case No. G1-19-234 (Mass. CSC 2021).
Weingarten And Supervisory-Subordinate Conversations, Waukesha Deputy Sheriffs Labor Union v. Waukesha County, 2021 WL 1837223 (WI.Emp.Rel.Com. ALJ 2021).
When Does A ULP Charge Block An Election? Coutre v. Village of Crestwood, 37 PERI ¶ 92 (Ill. LRB 2021).
First Thursday, May 2021
May 06, 2021
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 Overturn Arbitrator’s Opinion, City of Seattle v. Seattle Police Officer’s Guild, 2021 WL 1247946 (Wa. App. 2021).
Firefighter Loses Gradual Hearing Loss Claim, Hartman v. St. Bernard Parish Fire Department, 2021 WL 1115358 (La. 2021).
Florida Statute Shields Officers’ Names From Disclosure After OIS, Florida PBA v. City of Tallahassee, 2021 WL 1257869 (Fla. App. 2021).
Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021).
City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021).
Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021).
Chief’s Questions About And Statements During Union Meetings Amount To Illegal ‘Direct Dealing,’ City of Paterson, 47 NJPER ¶ 70 (NJ PERC 2021).
First Thursday, March 2021
Mar 04, 2021
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 Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of Country Club Hills v. Charles, No. 18 CH 13458 (Ill. App. 2020).
SWAT Sniper Entitled To Jury Trial In Facebook Case, Moser v. Las Vegas Metro. Police Dept., 2021 WL 98249 (9th Cir. 2021).
First Thursday, February 2021
Feb 04, 2021
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 Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)
How To Repair Broken Windows
Jan 12, 2021
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 to hear your opinion — positive, negative or in-between. You can reach us at info@lris.com.
First Thursday, January 2021
Jan 07, 2021
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 (Wash. App. 2020).
The High Standard For PTSD Claims In Some States, Angle v. City of Huntington, 2020 WL 7315008 (W.V. 2020).
Officer Required To Sit In Dark Building Loses Retaliation Case, Fiocca v. City of Philadelphia, 2020 WL 7397794 (E.D. Penn. 2020).
When Must Federal Claims Be Arbitrated? Brooks v. City of Pekin, 2020 WL 7390328 (C.D. Ill. 2020).
First Thursday, December 2020
Dec 02, 2020
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).
Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill. 2020).
Pregnancy And Light Duty Work, Legg v. Watson, 2020 WL 6325850 (2nd Cir. 2020).
First Thursday, November 2020
Nov 04, 2020
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, DeWyse v. Federspiel, 2020 WL 5993092 (6th Cir. 2020).
Reprimand Not Sufficiently ‘Adverse’ To Support Discrimination Suit, Green v. Cashion, 2020 WL 6372366 (Mich. App. 2020).
First Thursday, October 2020
Oct 01, 2020
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 Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020).
Firefighter Intentionally Hit By Fire Truck Has No Federal Lawsuit, Smothers v. District of Columbia, 2020 WL 5411294 (D.D.C. 2020).
‘Failure To Train’ Claim Must Show Deliberate Indifference, Pepitone v. Township of Lower Merion, 2020 WL 4604481 (E.D. Pa. 2020).
First Thursday, September 2020
Sep 03, 2020
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 Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020).
EMS Captain’s Facebook Post May Be Constitutionally Protected, Marquardt v. Carlton, 2020 WL 4811388 (6th Cir. 2020).
First Thursday, August 2020
Aug 06, 2020
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 Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio App. 2020).
Patronage Allowed In Missouri Sheriff Departments, Curtis v. Christian County, Missouri, 2020 WL 3477025 (8th Cir. 2020).
Minnesota Police Reform Bill (Corrected)
Jul 21, 2020
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)
Section 6, Residency (00:07:58)
Sections 7, 8 & 9 Use of Force (00:08:20)
Section 10, Board of Police Officers Standards and Training (00:09:35)
Section 11, POST Licensure (00:09:53)
Section 12, Warrior Style Training (00:10:22)
Section 13, Ensuring Police Excellence and Improving Community Relations Advisory Council (00:12:05)
Section 14, Police Officer Data (00:13:17)
Section 15, Statewide Use of Force Standards (00:13:36)
Section 16, Record-Keeping (00:17:34)
Section 17, Licensing Sanctions (00:17:41)
Section 18, Reporting Requirements (00:17:53)
Section 19, Training in Crisis Response, Conflict Management, and Cultural Diversity (00:19:17)
Labor and employment issues coming out of the pandemic (00:00:43)
The police reform movement (00:03:56)
Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01)
Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2nd Cir. 2020) (00:28:44)
The issue of severance (00:36:54)
Sergeants Not Severed From Rank-And-File Union, Middlesex County Sheriff’s Office, 46 NJPER ¶ 107 (N.J. PERC Rep. Dir. 2020)
Labor Board Refuses To Sever Detectives From Sworn Unit, St. Petersburg Police Officers’ Association, 46 FPER ¶ 291 (Fla. PERC 2020)
Proposed Police Reform Legislation, Part 2
Jun 17, 2020
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
Jun 17, 2020
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.
Ten Rules For Police Officer Social Media Posts
Jun 07, 2020
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 complaint about what I’m going to post, how will it react? If the answer is “not so well” or “they’ll start a disciplinary investigation,” is the post really worth it? (00:10:18)
Be positive with your posts, not negative and critical. (00:10:48)
If you have the slightest doubt about whether to post something, sleep on it. Ask a fellow officer, one you think of as responsible and serious, what he/she thinks. (00:11:27)
Think: Who are your “friend.” (00:12:35)
Ask yourself – can someone figure out that I’m a police officer from my social media profile or my prior posts? (00:13:20)
Your credibility can be called into question by what you’ve posted online. (00:14:14)
Think about your job, your family, and your safety. (00:14:52)
ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit, 2020 WL 2505385 (Mich. App. 2020)
A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts, 2020 WL 2568536 (Utah 2020)
One-Year Membership Period Does Not Violate Janus, Molina v. Pennsylvania Social Service Union, 2020 WL 2306650 (M.D. Pa. 2020)
Employer Required To Bargain When State Passes Paid Family And Medical Leave Law, Whatcom County Deputy Sheriff’s Guild, 2020 WL 2615650 (Wash.Pub.Emp.Rel.Com. 2020)
The Challenges Facing Police Unions In Today’s Environment
Jun 04, 2020
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 professionally (00:23:21)
Meet with local politicians (00:28:43)
Build relationships with other unions (00:29:41)
Establish a community presence (0032:06)
Stop being aligned with one political party (00:37:04)
Create and expand upon your online presence (00:39:45)
Philadelphia’s contract rollover for police officers
Training Cost Repayment Agreement Cannot Conflict With CBA, Town
of Bennington v. Knight, 2020 WL 966350 (Vt. 2020)
Injunctions And Grievances Don’t Usually Mix, Fraternal
Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630
(Ill. App. 2020)
City of Columbus and Fraternal Order of Police, Capital
City Lodge No. 9., 20-1 ARB ¶7530, (Nov. 19, 2019)
Arizona Shifts Standards On PTSD Workers’ Comp Claims, France
v. Industrial Commission of Arizona, 2020 WL 772524 (Ariz. App. 2020)
COVID-19 Policy Issues
Mar 29, 2020
Will Aitchison presents COVID-19 policy issues in a Q&A format. The questions along with their timestamps are as follows:
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)
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 here.
First Thursday, March 2020
Mar 04, 2020
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 Against A Prosecutor, Latty v. Polk County Sheriff’s Office, 2020 WL 485526 (D. Ore. 2020).
Union Lawyer Not Liable To Member For Malpractice Claim, Zander v. Carlson, 2019 IL App (1st) 181868 (Ill. App. 2019)
No ‘Error Too Obvious To Be Unintentional’ On The ‘Money Train,’ Washington v. Washington Metro. Area Transit Authority, 2019 WL 6907797 (D.C. Cir. 2019)
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 Workplace
Investigations
Employer May Not Unilaterally Impose Waiver Of Right To Bargain, Gator Lodge Number 67, FOP v. City of Gainesville, 46 FPER ¶ 169 (Fla. PERC 2019).
Not Improper ‘Direct Dealing’ For Negotiators To Have Sidebar Discussion, Jamison v. East Lake Tarpon Special Fire Control District, 46 FPER ¶ 153 (Fla. PERC Gen. Coun. 2019)
Firefighter Staffing Per Shift Negotiable, City of Everett v. PERC, 2019 WL 5541502 (Wash. App. 2019).
Pre-Statement Video Review Is A Negotiable Topic, Fraternal Order of Police v. City of Pittsburgh, Case No. PF-C-18-27-W (Pa. LRB ALJ 2019)
Arbitration Panel Rules In Favor Of Pre-Statement Review Of Video, City of Newton, JLMC 17-6002 (McSpiritt, 2019)
‘Witness’ Officer Entitled To Weingarten Representative, Bardelas v. City of Doral, 46 FPER ¶ 91 (Fla. PERC 2019).
Corrections Officers Win $113 Million In Wage-And-Hour Lawsuit, Hootselle v. Missouri Dept. of Corrections, 2019 WL 4935933 (Mo. App. 2019). (Referenced case: Integrity Staffing Solutions, Inc. v. Busk, https://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf)
Favored Treatment To Fellow Officer Violates Ethics Statute, McGovern v. State Ethics Commission, 2019 WL 5078447 (Mass. App. 2019).
Termination For Theft ‘Shocks Conscience” Of Court, Matter of Arroyo v O’Neill, 2019 NY Slip Op 06568 (A.D. 2019).
First Thursday, October 2019
Oct 02, 2019
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 v. Slensby, 2019 WL 3409894 (S.D.N.Y. 2019)
Sergeant’s $1.9 Million Verdict Reduced To $2,700, Holt v. Commonwealth of Pennsylvania, 2019 WL 3021798 (3rd Cir. 2019)
Sheriff’s Department Can Provide Brady List To Prosecutor, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2019 WL 4009133 (Cal. 2019)
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 Hearing, Town of Auburn, 2019 WL 3574289 (MA LRC ALJ 2019)
Personality Traits Not Protected By ADA, Donley v. Village of Yorkville, 2019 WL 3817054 (N.D.N.Y. 2019)
Trooper’s Garrity Rights Violated, State of Nebraska v. Kober, 2019 WL 3215942 (Neb. App. 2019)
In Some Parts Of The Country, Patronage Is Still Legal, Jones v. Lamkin, 2019 WL 3183635 (11th Cir. 2019)
Interview with Tenari Ma’afala and Vladimir Devens of SHOPO
Aug 29, 2019
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
First Thursday, August 2019
Jul 31, 2019
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 No. 2648-M (Cal. PERB 2019).
No Privacy Rights To Flash
Drive Plugged Into Employer’s Computer, Edwards v. State of Florida,
2019 WL 2607376 (Fla. App. 2019).
Not Against Public Policy To Reinstate Dishonest Corrections Officer, Monroe County Correctional Facility v. Teamsters Local 773, 2019 WL 2587689 (Penn. Cmwlth. 2019).
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. LRB 2019)
‘Do Not Apply’ Alert Is Protected Union Speech, City of Santa Maria, 43 PERC ¶ 161 (Cal. PERB ALJ 2019)
Discipline Outside Of Statutory Time Frames Is ‘An Absolute Nullity,’ Pozzo v. Department of Police, 2019 WL 1473500 (La. App. 2019)
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, 2019 WL 1548623 (Fla. Dist. Ct. App. 2019).
HIPAA Forms Can Violate Americans With Disabilities Act, Nawara v. County of Cook, 2019 WL 1399972 (N.D. Ill. 2019).
Lengthy Placement On Administrative Leave Violates Past Practice, San Francisco POA, ERD 38-17-3293 (Burdick 2019).
Interview With Police Chief Jim Porter
Apr 17, 2019
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 of officers. These methods have proven effective, and in 2018 the Bend PD was given the Department of Justice Officer Wellness Award.
California Supreme Court Ducks (For Now) Major Retirement
Question But Allows End To ‘Air Time,’ Cal
Fire Local 2881 v. California Public Employees’ Retirement System, 2019 WL
1008413 (Cal. 2019).
Exclusionary Rule Does Not Apply In Disciplinary Appeal, Ramirez v. State Personnel Board, 2019
WL 948970 (Cal. App. 2019).
DROP Benefits Can Be Prospectively Reduced, Eddington v. Dallas Police and Fire Pension
System, 2019 WL 1090799 (Tex. 2019).
Anti-Union Animus, Not Profanity, True Basis For Firing, Lawrence County, 50 PPER ¶ 50 (Penn. LRB
ALJ 2019).
Janus Does Not Impact Union’s Status As ‘Exclusive Representative,’ Mentele v. Inslee, 2019 WL 924815 (9th Cir. 2019).
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 Employment Action,’ Yee v. Massachusetts State Police, 2019 WL 347521 (Mass. 2019).
Arbitrator’s Decision To Reinstate Officer Survives ‘Public Policy’ Argument, City of Richfield v. Law Enforcement Labor Services, Inc., 2019 WL 575866 (Minn. 2019).
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.
Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds, Cleveland Police Patrolmen’s Association, AAA #01-17-0003-7910 (James Rimmel 2018).
Unions And The Duty Of Fair Representation, Wayne County Sheriff’s Association, 32 MPER ¶ 26 (Mich. ERC 2018).
Because Of Disciplinary Impact, Body Cameras Are Negotiable, AFSCME, Local 61 v. State of Nebraska, 2018 WL 5846045 (Neb. CIR 2018).
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 Supreme Court’s decision in Janus v. AFSCME. Court decisions have now been issued in three of cases.
Need Unions Refund Fair Share Dues Collected Before Janus? Need Unions Refund Fair Share Dues Collected Before Janus? Danielson v. AFSCME Council 28, No. 3:18-cv-05206-RJB (W.D. Wa. 2018)
Can An Employer Cancel All Union Dues Until Employees Sign New Authorizations? AFSCME Local 3277 v. City of Rio Rancho, 2018 WL 6047494 (NM PELRB 2018)
Can Employees Cancel Fixed-Term Dues Authorizations? Smith v. Contra Costa County, 2018 WL 6072806 (N.D. Cal. 2018)
This month’s other cases include:
Who Are ‘Comparable Employees’ For Discrimination Purposes? Robinson v. City of Cleveland, 2018 WL 6039236 (6th Cir. 2018)
Whether Accommodation Is ‘Reasonable’ May Depend On CBA, Faulkner v. Douglas County, 2018 WL 4936390 (8th Cir. 2018)
Supreme Court Finds Small Public Employers Subject To Age Discrimination Law, Mt. Lemmon Fire District v. Guido, 2018 WL 5794639 (Sup. Ct. 2018)
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 Fed.Appx. 392 (9th Cir. 2018).
Pennsylvania Sorts Out Cancer Presumption, With Difficulty, City of Philadelphia v. Workers’ Compensation Appeal Board, 2018 WL 5046516 (Penn. 2018).
What Are The Employer’s Choices When An Employee Asserts Weingarten Rights? Metropolitan Alliance of Police, 35 PERI ¶ 56 (Ill. ELRB 2018).
Garrity Is Not A ‘License To Commit Crimes,’ State v. Noguiera, 2018 WL 4924533 (N.J. App. 2018).
Kentucky Sticks With ‘Firefighters Rule,’ Norfolk Southern Railway Company v. Johnson, 554 S.W.3d 315 (Ky. 2018).
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 Not Negotiable, San Francisco Police Officers’ Association v. San Francisco Police Commission, 2018 WL 4611595 (Cal. App. 2018).
Barring Criticism Of City Is Unlawful ‘Prior Restraint’ Of Speech, Barone v. City of Springfield, 2018 WL 4211169 (9th Cir. 2018).
Forced Overtime Policy Violates FMLA, Nelson v. Allegheny County, 2018 WL 4259332 (W.D. Pa. 2018).
FOP’s Attempt To Intervene In Consent Decree Case Untimely, State of Illinois v. City of Chicago, 2018 WL 3920816 (N.D. Ill. 2018).
Citizen’s Initiative Cannot Be An End-Run Around The Bargaining Process, Boling v. PERB, 2018 WL 3654148 (Cal. 2018).
Supreme Court Narrows Cell Phone Searches Even Further, Carpenter v. United States, 585 U.S. ____ (2018).
No Violation Of Public Policy To Reinstate Officer Guilty Of Poor Performance, City of Crystal Lake v. Metropolitan Alliance of Police, 2018 Il. App.2d 170192-U (Ill App. 2018).
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 (4th Cir. 2018).
‘Repayment Of Training Costs’ Contract Not Enforceable, Borough of Madison v. Marhefka, 2018 WL 3059940 (N.J. App. 2018).
The big news this month is, of course, the Supreme Court’s Janus decision. Will discusses the court’s reasoning behind the decision, its immediate effects, and how public safety unions should deal with it.
Will also reviews the following court decisions:
No Duty Of Fair Rep In Criminal Cases, Cooke v. Palm Beach County PBA, 44 FPER ¶ 313 (Fla. PERC Gen. Counsel 2018)
Corrections Officers Lose Due Process Claim For Safe Workplace, Correction Officers’ Benevolent Association v. City of New York, 2018 WL 2435178 (S.D.N.Y. 2018)
Warrantless Search Of Officer’s Cell Phones Was Reasonable, Huff v. Harness, 2018 WL 2434329 (E.D. Ark. 2018)
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. State of Washington, 407 P.3d 377 (Wash. App. 2017)
Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018)
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 Countryside FPD v. IAFF, Local 4684, 2017 WL 7510741 (Ill. App. 2017).
‘Principle Purpose’ Of Body Cameras Not Safety, Denver Police Protective Association v. City and County of Denver, 2018 WL 1007795 (Colo. App. 2018).
Fire Department’s Email Policies Violate First Amendment, Sprague v. Spokane Valley Fire Department, 2018 WL 547363 (Wash. 2018).
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 Benevolent Association, Inc. v. Port Authority of New York and New Jersey, 2017 WL 4838320 (S.D.N.Y. 2017).
Constitutional Protection For Officer’s Affair, Perez v. City of Roseville, 2018 WL 797453 (9th Cir. 2018).
The Consequences Of Failing To Carefully Read A Proposal, New England PBA v. City Of Caribou, 2017 WL 6818080 (Maine LRB 2017).
Officer Cell Phone Search Case Heading To Trial, Port Authority PBA v. Port Authority of New York and New Jersey, 2017 WL 4403310 (S.D.N.Y. 2017).
Fire Captain Loses Beach Volleyball Case, DeCohen v. County of Los Angeles, 2018 WL 316864 (Cal. App. 2018).
Change In Insurance Carrier Not Negotiable Without Substantial Changes In Benefits, City of Hartford and Hartford Police Union, 2017 WL 6813591 (CT.Dept.Lab. 2017).
Failure To Analyze Evidence Causes County To Lose Termination Case, Dennington v. County of Riverside, 2018 WL 458118 (Cal. App. 2018).
Arbitration Decision Binding In Later Discrimination Lawsuit, Billings v. Town of Steilacoom, 2018 WL 446213 (Wash. App. 2018).
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 Rights, New York State Correctional Officers, 50 PERB ¶3037 (NY PERB 2017).
Michigan’s Enhanced Garrity Statute Results In Suppression Of Statement, People v. Ziecina, 2017 WL 4798692 (Mich. App. 2017). (DISCLOSURES BY LAW ENFORCEMENT OFFICERS ACT: http://www.legislature.mi.gov/(S(qv0j0m55guczke45xaz2f02l))/documents/mcl/pdf/mcl-Act-563-of-2006.pdf”)
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)
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)
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)
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.
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)
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)
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)
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)
Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017)
Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016)
Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016)
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 Garrity, In re: Misc. 4281, 2016 WL 7031019 (Md. Spec. App. 2016)
Court Overturns Termination Of Deputy Who Tested Positive For Steroid Metabolites, Orosco v. County of Los Angeles, 2016 WL 6996189 (Cal. App. 2016)
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 6536621 (9th Cir. 2016)
Employer Required To Provide Investigative Report To Fire Union, IAFF, Local 55 v. Alameda County Fire Department, 41 PERC ¶ 69 (Cal. PERB ALJ 2016)
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)
Police Board Can Increase Disciplinary Penalty, Lesner v. Police Board, 2016 IL App (1st) 150545 (Ill. App. 2016)
‘Entire Agreement’ Proposal Not Mandatory For Bargaining, Village of Skokie, 2016 WL 4036275 (Ill. LRB Gen. Coun. 2016)
Firefighter Loses ADA Claim To Former Position, Adair v. City of Muskogee, 823 F.3d 1297 (10th Cir. 2016)
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 Employees’ Retirement Association, 2016 WL 4379316 (Cal. App. 2016).
Other cases discussed this month:
‘Equal Protection’ Requires Employer To Comply With Own Promotional Rules, Tully v. City of Wilmington, 2016 WL 4362181 (N.C. App. 2016)
ADA Does Not Require Day Shift Assignment For Trooper, Kirincich v. Illinois State Police, 2016 WL 3958882 (N.D. Ill. 2016)
New decision concerning how to calculate the overtime rate under the FLSA, Hernandez v. City of San Gabriel, 2016 WL 3090782 (9th Cir. 2016)
Decision from Virginia on whether firefighter captains are exempt under the FLSA, Morrison v. County of Fairfax, 2016 WL 3409651 (4th Cir. 2016)
Florida supreme court holds unconstitutional some limitations on workers’ compensation benefits, Westphal v. City of St. Petersburg, 2016 WL 3191086 (Fla. 2016)
Decision upholding the right of the state of Wisconsin to ban residency rules at the local governmental level, Black v. City of Milwaukee, 2016 WL 3448194 (Wisc. 2016)
The relationship between pregnancy discrimination laws and light-duty status, Legg v. Ulster County, 820 F.3d 67 (2nd Cir. 2016)
Whether or not a labor union has a duty of fair representation to bargain for retroactive wage increases for retirees, Paci v. Pelham Manor Police Association, Inc., 49 PERB ¶ 4547 (NY PERB ALJ 2016)
Incident Reports May Not (Or May) Be Protected By Garrity, United States v. Smith, 2016 WL 1719267 (11th Cir. 2016)
Selling Shoes On E-Bay Not ‘Misconduct’ Disqualifying Trooper From Unemployment, Huff v. North Carolina Department of Commerce, 2016 WL 1335344 (N.C. App. 2016)
Deeply Divided Illinois Supreme Court Overturns Rule Shielding Fire, Police, Coleman v. East Joliet Fire Protection District, 2016 IL 117952 (Illinois 2016)
As Long As Immunity Is Promised, Employer Can Demand Answers To Questions, Homoky v. Ogden, 816 F.3d 448 (7th Cir. 2016)
Supreme Court Reinstates Officer’s Free Speech Lawsuit, Heffernan v. City of Paterson, New Jersey, 2016 WL 1627953 (U.S. 2016)
Court Upholds Constitutionality Of California Factfinding Law, County of Riverside v. PERB, 2016 WL 1238737 (Cal. App. 2016); San Diego Housing Commission v. PERB, 2016 WL 1242539 (Cal. App. 2016)
Step Increases After A Contract Expires, County of Atlantic, 2016 WL 931269 (N.J. Super. 2016)
Question on duty of fair representation
Court Upholds Arbitration Decision Overturning ‘Sexting’ Detective’s Termination, City of Cleveland v. Cleveland Police Patrolmen’s Association, 2016 WL 762702 (Ohio App. 2016)
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
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 collective bargaining environment.
The Department of Labor’s new overtime rules.
The latest on Friedichs case and the future of “Fair Share”
The possible effects of PERF’s 30guidingprinciples report
No ‘Special Rights’ To Light Duty For Pregnant Employees, McQuiston v. City of Clinton, No. 14-0413 (Iowa 2015)
Chicago Police Win The BlackBerry Battle, Lose The War, Allen v. City of Chicago, 2015 WL 8493996 (N.D. Ill. 2015)
Court Overturns Arbitrator’s Award Eliminating Pittsburgh Residency Requirement, City of Pittsburgh v. Fraternal Order of Police, 2016 WL 72742 (Penn. Cmwlth. 2016)
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, 42 NJPER ¶ 66 (NJ PERC 2015)
Court Rejects ‘Passive Inhalation’ Argument, Bennett v. McCarthy, 2015 IL App (1st) 143291-U (Ill. App. 2015)
Mentioning Probationary Status Triggers Weingarten Rights, New York State Correctional Officers and PBA, 48 PERB ¶ 4602 (NY PERB ALJ 2015)
Not All Untruthfulness Should Lead To Termination, Wetherington v. North Carolina Department of Public Safety, 2015 WL 9257697 (NC 2015)
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 Sheriffs Can Be Fired For Political Reasons, Gonzalez v. Hasty, 802 F.3d 212 (2015)
Injury While On Union Leave, Coffey v. Braddy, 88 F.Supp.3d 1283 (2015)
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 State Correctional Officers, 48 PERB ¶ 4546 (NY PERB ALJ 2015)
How The Two-Part Test For Garrity Applies To Field Interviews, People v. Grabowski, 16 NYS 3d 434 (NY Sup. 2015)
Presumption That Prostate Cancer Caused By Job Rebutted By Employer, Haskins v. Kern County Employees’ Retirement Association, 2015 WL 5682424 (Cal. App. 2015)
Bill Of Rights Does Not Apply To Independent DA Investigation, Lopez v. City of Scotts Valley, 2015 WL 5692369 (Cal. App. 2015)
Complaint About Chief’s Affairs Not Protected Speech, Young v. Township of Irvington, 2015 WL 6123228 (3rd Cir. 2015)
First Thursday, October 2015
Sep 30, 2015
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. Los Angeles County Civil Service Commission, 2015 WL 5146622 (Cal. App. 2015)
Court Rejects FOIA Requests For Race, Gender Of Supervisors With IA Complaints, Fraternal Order of Police v. District of Columbia, 2015 WL 5474117 (D.C. App. 2015)
Court Upholds Arbitrator’s Decision Allowing Officer To Work In Bar, Township of Wilkins v. Wage Policy Committee, 2015 WL 5438860 (Pa. Cmwlth. 2015)
No FLSA Compensation For Time Spent By Visiting Firefighters Picking Up Safety Gear From Home Station, Balestrieri v. Menlo Park Fire Protection District, 2015 WL 5166732 (9th Cir. 2015)
First Thursday, September 2015
Sep 04, 2015
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 file” for purposes of firefighter bill of rights, Poole v. Orange County Fire Authority, 2015 WL 4998965 (Cal. 2015)
Texas Disciplinary Procedures Even Apply To At-Will Employees, Staff v. Colorado County, Texas, 2015 WL 4930546 (Tex. App. 2015)
Firefighter Staffing: What’s Negotiable? City of Allentown, 2015 WL 4680890 (Penn. Cmwlth 2015)
First Thursday, August 2015
Aug 06, 2015
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 3755905 (Mass. App. 2015)
Union Entitled To Copy Of Complaint Against Member, Foothill De Anza Faculty Association, 40 PERC ¶ 14, 40 (Cal. PERB ALJ 2015)
No Privacy Rights In On-Duty Affair, Perez v. City of Roseville, 2015 WL 3833749 (Cal. App. 2015)
Correcting Lie During Same Interview Saves Officer’s Job, City of Hutchinson, 134 LA 1683 (Sinclair Kossof 2015)
Arbitration Decision Can Be Basis For Removal From Brady List, Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)
Illinois Supreme Court Strikes Down Pension Reform Legislation, In re Pension Reform Litigation, 2015 IL 118585 (Ill. 2015)
San Bernardino Allowed To Cancel Contract With Firefighters’ Union, May Privatize Department, In re City of San Bernardino, California, 2015 WL 2153448 (C.D. Cal. 2015)
Sheriff Ordered To Sign Collective Bargaining Agreement, Sheriff of Lee County, Order No. 15U-098 (Fla. PERC 2015)
Political Patronage OK In North Carolina Sheriff’s Office, Young v. Bailey, 2015 WL 1788730 (N.C. App. 2015)
ADA Does Not Require Light Duty Corrections Job, Spears v. Creel, 2015 WL 1651646 (11th Cir. 2015)
Arbitration Not So Binding In Rhode Island, Department of Corrections v. Rhode Island Brotherhood of Correctional Officers, 2015 WL 2260930 (R.I. 2015)
The negotiability of workplace cameras, IAFF, Local 3315 v. Snohomish Fire District 3, 2015 WL 1013220 (Wash. PERC 2015)
Arbitrator’s reinstatement of officer in excess force case does not violate public policy, City of Bloomington v. Policemen’s Benevolent and Protective Association, 2015 IL App (4th) 140192-U (Ill. App. 2015)
Union can assume city’s negotiators have authority, City of Springfield, 31 PERI ¶ 145 (Ill. LRB 2015)
California court partially upholds pension reductions, Protect Our Benefits v. City and County of San Francisco, 2015 WL 1404952 (Cal. App. 2015)
Dallas dispatcher can be fired for running for office, Phillips v. City of Dallas, 2015 WL 1449903 (5th Cir. 2015)
First Thursday, April 2015
Apr 02, 2015
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)
Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law, Kennedy v. Gray, 2015 WL 1283541 (D.D.C. 2015)
Officers Can Win Termination Arbitration And Lose Certification, Fraternal Order of Police Metro Transit Police Labor Committee, Inc. v. Washington Metropolitan Area Transit Authority, 2015 WL 1019650 (4th Cir. 2015)
No Defamation Lawsuit For Statements Made In Disciplinary Investigation, Fiore v. Town of Whitestown, 2015 WL 600761 (N.Y.A.D. 2015)
FDNY ‘Black Sunday’ Firefighters Allowed To Bring Safety Claims, Stolowski v. 234 East 178th Street LLC, 2015 WL 869346 (N.Y. A.D. 2015)
In this month’s podcast, Will discusses another public safety employee losing her job because of Facebook, two FLSA cases, an important firefighter staffing opinion and a new Weingarten case out of California
Here are the case citations:
Sergeant Loses Job Over Facebook ‘Rant’, Graziosi v. City of Greenville, Mississippi, 2015 WL 148998 (Fifth Cir. 2015)
‘Pure Gap Time’ Is Not Compensable Under The FLSA, Whenry v. Board of Commissioners, 2015 WL 500914 (W.D. Pa. 2015)
When Is Mandatory Counseling Paid Time Under The FLSA?, Gibbs v. City of New York, 2015 WL 321850 (S.D.N.Y. 2015)
Court Upholds Arbitration Panel’s Decision On Fire Staffing, City of New Britain v. New Britain Firefighters Local 992, IAFF, 2015 WL 671561 (Conn. Super. 2015)
Right To Representation May Be Broader Than Weingarten, Service Employees International Union, Local 1021 v. Sonoma County Superior Court, No. 2409-C (Cal. PERB 2015)
In this month’s podcast, Will talks about the influence of American Legislative Exchange Council and various anti-public safety union bills it has created that are working their way through state legislatures across the nation.
He also covers the following cases:
Heart-lung presumption does not require proof that disease caused condition, Di Luzio v. City of Santa Fe, 2015 WL 178396 (N.M. App. 2015)
Retroactive application of California’s new pension limitations, Deputy Sheriffs’ Association of San Diego County v. County of San Diego, 2015 WL 273138 (Cal. App. 2015)
Union, not firefighter, has right to challenge discipline in arbitration, Woods v. City of Berwyn, 2014 IL App (1st) 133450 (2014)
Union’s lawyer disqualified from arbitration panel, City of Waterbury v. Connecticut Alliance of City Police, 2014 WL 7647778 (Conn. Super. 2014)
Police chief loses free speech claim in post-Garcetti/Lane world, Gibson v. Kilpatrick, 773 F.3d 661 (5th Cir. 2014)
It’s the first First Thursday podcast of the new year, albeit a little late due to the holidays. Here’s what in this month’s First Thursday podcast:
Supreme Court Rejects Worker Pay For Security-Screening Time, Staffing Solutions, Inc v. Jesse Busk and Laurie Castro, U.S. Supreme Court, No. 13-433
No Hearing Required Under Bill Of Rights For Transfer Without Economic Harm, Los Angeles Police Protective League v. City of Los Angeles, 2014 WL6908020 (December 9, 2014)
California Bill Of Rights Requires Personal Service Of Disciplinary Notice, Earl v. State Personnel Board, 2014 WL 5866894 (Cal. App. 2014)
Officer’s Lie Not Big Enough, Town of Stratford v. AFSCME, Council 15, Local 407, 2014 WL7086502 (December 23, 2014)
Sergeant’s Sexual Relationship With Subordinate Results In Termination, In The Matter Between City of Lakeland, Florida & West Central PBA, FMCS No.: 14-00366-3 (August 29, 2014)
Court Upholds Arbitrator’s Far-Ranging Fitness-For-Duty Disciplinary Decision, City of Livingston v. Montana Public Employees Association, 2014 WL 6680579 (Mont. 2014)
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.
A review of contract negotiations with the nation’s three largest cities New York, Los Angeles and Chicago.
Massachusetts to pay $2.1 million to settle state trooper overtime suit
No constitutional ban on raising pension contributions for firefighters, Taylor v. City of Gadsden, 2014 WL 4548614 (11th Cir. 2014)
Toledo not allowed to unilaterally modify contract provisions, Toledo Police Command Officers’ Association v. SERB, 2014 WL 4824268 (Ohio App. 2014)
No second try for employer in drug case, California Department of Corrections and Rehabilitation v. California State Personnel Board, 2014 WL 4723329 (Cal. App. 2014)
Union Loses Request For Tro To Stop Investigation Of President, State Troopers Fraternal Association of New Jersey, Inc. v. State of New Jersey, 2014 WL 4495130 (3rd Cir. 2014)
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 have a special status in California that makes them impossible to cut, further chipping away at the idea that pensions are sacrosanct in a municipal bankruptcy.
Also discussed:
California Courts Continue Hard Line On Officer Dishonesty Gore v. San Diego County Civil Service Commission, 2014 WL 4628022 (Cal. App. 2014)
‘Cantankerous’ Officer Loses ADA Claims Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014)
Surveillance Does Not Violate Deputy’s Privacy Rights Brock v. Dunning, 288 Neb. 909 (2014)
Fire Chief exempt from FLSA Trout v. Village of Westmont, 2014 WL 4770555 (N.D. Illinois 2014)
Officer Loses Duty Disability Claim By Trying To Bench Press Too Much Shafer v. Lake in the Hills Pension Board, 2014 IL App (2d) 131002-U (Ill. App. 2014)
Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law.
Featured in this month’s podcast:
The looming crisis in police recruitment
Illinois post-retirement health insurance constitutionally protected Kanerva v. Weems, 2014 IL 115811 (Ill. 2014)
Philadelphia’s long-standing ban on police PAC contributions struck down Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, 2014 WL 4056694 (3rd Cir. 2014)
California Bill of Rights limitations statute begins running before officer is identified Pedro v. City of Los Angeles, 2014 WL 4181813 (Cal. App. 2014)
LAPD officer wins $2.8 million in retaliation suit Torres v. City of Los Angeles, 2014 WL 4235967 (Cal. App. 2014)
Civilian employee loses ‘equal pay for equal work’ lawsuit Viana v. Knight, 2014 WL 4101700 (M.D. Fla. 2014)
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.
Supreme Court Rejects Request To Hold ‘Fair Share’ Unconstitutional
Jun 30, 2014
In what some have termed the most significant labor case in years, the United States Supreme Court has rejected a request to hold “fair share” assessments unconstitutional.
“Fair share” assessments occur under the laws of 20 states which not only grant public employees the right to bargain, but also impose upon unions the duty to fairly represent all members of their bargaining units. Under “fair share” provisions, non-union members who benefit from the union’s performance of its duty (through contract negotiations and grievance handling, for example) must pay their “fair share” of the costs of negotiating and administering the contract, but cannot be assessed any fees for the union’s political activity.
The case the Supreme Court was considering was Harris v. Quinn, and like many challenges in recent years to union dues, was being litigated by the National Right to Work Legal Defense Foundation, an organization which has received significant funding and assistance from groups founded by Charles and David Koch. The employees in Harris worked in Illinois’ Home Services Program, which allows Medicaid recipients who would normally need institutional care to hire a “personal assistant” to provide homecare services.
Under State law, the homecare recipients (designated “customers”) and the State both play some role in the employment relationship with the personal assistants. Customers control most aspects of the employment relationship, including the hiring, firing, training, supervising, and disciplining of assistant, and define job duties by proposing a “Service Plan.” Other than compensating the personal assistants, the State’s involvement in employment matters is minimal. Its employer status was created by executive order, and later codified by the legislature, solely to permit assistants to join a labor union and engage in collective bargaining under Illinois’ Public Labor Relations Act.
When the case was accepted by the Supreme Court, the Right To Work Foundation asked the Court to use Harris to overturn Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), the almost 40-year old Supreme Court decision finding that “fair share” rules did not violate the free speech guarantees of the First Amendment. When the case was orally argued before the Court in January 2014, there were some questions whether all five members of the reliably conservative wing of the Court were ready to overturn Abood and, in effect, turn the country into a “right to work” environment for public employees.
That reluctance is clearly what produced a narrow decision in Harris. The Court did hold that applying “fair share” rules to personal assistants was unconstitutional. The assistants, the Court found, simply didn’t have a strong enough employment relationship with the State to allow fair share to be applied. As the Court put it, “Abood involved full-fledged public employees, but in this case, the status of the personal assistants is much different. The Illinois Legislature has taken pains to specify that personal assistants are public employees for one purpose only: collective bargaining. For all other purposes, Illinois regards the personal assistants as private sector employees. This approach has important practical consequences.”
The Court pointed to the fact that the customer, not the State, set the job duties for personal assistants, and that customers had complete discretion to hire and fire the assistants. Customers, not the State, supervised the assistants, and assistants were not eligible for State benefits such as health insurance and pensions. Even wages were non-negotiable.
This meant, the Court found, that “Abood’s rationale, whatever its strengths and weaknesses, is based on the assumption that the union possesses the full scope of powers and duties generally available under American labor law. Under the Illinois scheme now before us, however, the union’s powers and duties are sharply circumscribed, and as a result, even the best argument for the “extraordinary power” that Abood allows a union to wield, is a poor fit.”
The Court’s opinion stopped there, and expressly did not overturn Abood, leaving fair share in place throughout the country. This did not stop the five-justice majority from raising a series of questions about Abood’s continuing viability, nor did it stop the four dissenting judges from fiercely defending the principles of fair share” and asking pointed questions about why the personal assistants were really all that different.
In the end, though, “fair share” rules remain generally intact, even if an unusual group of employees in Illinois are exempt from them.
As part of our constant effort to provide you with the best quality products, we spared no expense in building a state-of-the-art sound studio to improve the audio quality of our podcasts. That means Will will no longer sound like he’s speaking in an empty fish tank. Of course, if you miss that sound you could always listen to the podcast in an empty fish tank.
Featured in this month’s podcast:
Economic forecasts for 2014
What does the Detroit bankruptcy case mean for constitutional protections for pensions?
Can a department have residency bonuses in promotions?
Does a not-sustained allegation trigger a hearing under a Police Officer Bill Of Rights?
We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or protected class impact.
This month’s podcast also features the following non-beard-related topics:
No Free Speech Violation Posed By Ban On Releasing PD Materials While Criminal Investigation Active
Arbitrator’s Sexual Harassment Opinion Upheld
Arbitration Decisions And Civil Rights Litigation
Demotion, Not Termination, Usually The Appropriate Punishment For Supervisory Failures
Conviction Of Misdemeanor Crime Of Domestic Violence Extinguishes Due Process Rights
State Police Successfully Opposes Troopers PTSD Claim
No Violation To Freeze Pension When Retired Firefighter Elected To City Council
Due to summer vacation, this month’s First Thursday was a week late (hey, we all need to recharge our batteries). But don’t worry, it’s still chock-full of useful information!
Featured in this month’s podcast:
A round of decisions on what’s mandatory for bargaining that cover topics including insurance, vehicles, assignments, vacations, fitness for duty and hours of work.
A decision out of California requiring the City of Los Angeles to arbitrate a grievance requiring furloughs
A decision by the New Jersey Public Employment Relations Commission entitling union to see the sick leave records of supervisors
The interplay between Garrity and Weingarten
An order not to leave – when is it a Fourth Amendment ‘seizure’?
The strange world of First Amendment law under Garcetti
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