By Jim Cline and Peter Haller
In Andrade v City of Milwaukee, the Wisconsin State Supreme Court ruled that a police officer fired for making racist comments on Facebook was not entitled to getting his job back because of an alleged pre-termination due process violation. The Court reasoned that the officer was entitled to notice of the charges against him, but not to all the information related to factors involved in determining the level of discipline imposed.
By Jim Cline and Peter Haller
In City of New Albany, an Ohio arbitrator ruled that a shortened work week for three police officers following extensive work on a holiday weekend was not a violation of the CBA agreement. The Arbitrator reasoned that although the CBA guaranteed a 40-hour work week, a specific provision gave the Employer authority to temporarily adjust schedules according to department needs.
By Jim Cline and Peter Haller
In Maxson v Baldwin, an Ohio deputy sheriff sued his ex-Employer after he was discharged following a guilty plea to the misdemeanor of attempting to illegally fill an opioid prescription and testing positive for marijuana. The lawsuit alleged that the Employer discriminated against him by failing to accommodate him under the Americans with Disabilities Act.
By Jim Cline and Peter Haller
In Copeland v. Georgia Department of Corrections, the 11th Circuit Court of Appeals ruled that a transgender male corrections officer demonstrated that he suffered intentional and repeated misgendering in the workplace. These facts were sufficient to give rise to a hostile work environment claim.
By Jim Cline and Peter Haller
In, Town v. Dade County Police Benevolent Association, a police officer was reinstated without back pay after he was discharged for allegedly harassing peer officers through a pattern of antisemitic and misogynistic comments. Arbitrator David Mudrick held that the harassment did not rise to the level of discharge and ordered the Employer to convert the discharge to an unpaid suspension and allow the officer to maintain his seniority.
By Jim Cline and Peter Haller
In Hussey v Cambridge, a police officer sued after he was suspended for four days without pay following a Facebook post he made criticizing a police reform bill named after George Floyd. The Court held that the officer’s First Amendment rights were not violated because the officer’s right to free speech was outweighed by the City’s interest in promoting community trust.
By Jim Cline and Peter Haller
In Noon v. Smedley,the Federal 8th Circuit Court of Appeals ordered that two Illinois police officers be reinstated after they had been fired in retaliation for expressing negative sentiments about the chief of police. The court held that the officers’ speech was protected under the first amendment.
By Jim Cline and Kim Lowe
In King County, Arbitrator Latsch upheld the discharge of Deputy Fire Marshall, Mr. A, who was fired after a citizen complained that he drove aggressively in his work vehicle and harassed her. Latsch found that King County had just cause to terminate A, in large part because of A’s “evasive and false statements” about the incident and repeatedly changing his story while it was investigated.
By Jim Cline and Kim Lowe
In City of Webster Grove, Missouri, Arbitrator Peña denied the grievances alleging that the City went back on its agreement to pay employee firefighters up to 6-months of differential pay when they are completing military service instead of the 120 hours designated in the City policy. Because the Union did not negotiate the collective bargaining agreement to include the updated military leave policy, and the City’s evidence that the policy was never changed was more credible, Arbitrator Peña held that unit members are only entitled to the 120-hours.
By Cynthia McNabb and Kim Lowe
In Neal v. Indianapolis Fire Department, a District Court judge ruled that there was no merit to a claim by a former employee that he was discriminated against on the basis of his disability when he was terminated for poor attendance.
