Archives for May 2014

May 22, 2014 by spillitu

Pending Supreme Court Decision May Require Supreme Court to Broaden Narrow Workplace Speech Protections

By Jim Cline

A case currently pending before the US Supreme Court may challenge the Court’s previous holdings that workplace speech that touches on a public employee’s “job duties falls outside the protection of the First Amendment. The Lane v. Franks involved an Alabama Community College employee who was terminated in retaliation for his subpoenaed testimony. The 11^th Circuit Court of Appeals ruled that because his testimony was in furtherance of his actual job duties, it did not fall under the “job duties” exception to the First Amendment enunciated by the Supreme Court in 2006 in Garcetti v. Calleballos.

May 16, 2014 by spillitu

Officer’s Grievance Gets Plowed When Appellate Court Finds Issue of Snowplow Work Not Arbitrable

By Anthony Rice

In City of Naperville v. Ill. Fraternal Order of Police, the Illinois Appellate Court held the issue of refusing to hire a police officer to operate a snowplow, while off duty, was not arbitrable because the parties’ CBA did not have an expressed provision stating otherwise. [Read more…]

Filed Under: Contract Interpretation

May 9, 2014 by spillitu

New Mexico Firefighter Reinstated after Discharge for Failing to Report Misconduct

By Jordan Jones

In City of Farmington, the arbitrator found that a firefighter’s termination that included an allegation of failure to report his off duty DUI was without just cause because (1) the employer’s investigation was not conducted fairly and objectively, (2) the employer did not obtain substantial evidence that the employee was guilty, and (3) the discipline was not reasonably related to the incident.

[Read more…]

Filed Under: Arbitration Rulings, Discipline

May 9, 2014 by spillitu

City Violated Due Process When It Failed to Provide “Probationary” Officer with Loudermill Hearing When Probation Period had Lapsed

By Anthony Rice

In City of Memphis v. Lesley, the court held that failing to provide an officer with a statement of charges against her, violated her due process right where her probationary period was over, despite having been out of the academy for less than a year. [Read more…]

Filed Under: Discipline

May 2, 2014 by spillitu

Toledo Firefighter’s Grievance for Time Off Sustained Over City’s Objections

By Jordan Jones

In City of Toledo, the arbitrator sustained an Ohio firefighter’s grievance for being denied use of 24 hours of compensatory time off, after reviewing the Collective Bargaining Agreement language.

[Read more…]

Filed Under: Arbitration Rulings, Discipline

May 2, 2014 by spillitu

Now it’s the City’s “Problem”: Federal Court Finds New Mexico Corrections Officer Can Proceed with Claim that City Failed to Provide a Reasonable Accommodation for Her Depression, Insomnia, and Migraine Headaches

By Emily Nelson

Ruby Maes, a former corrections officer at the City of Española Detention Facility, sued the City and the Detention Facility’s Director for disability discrimination, alleging that it refused to provide a reasonable accommodation for her disability, responding to her request telling her that her health issues were “your problem.” The City filed a motion for summary judgment, arguing that Maes’s medical conditions (depression, severe insomnia, and migraines) did not qualify as a “disability” because the inability to sleep does not “substantially limit a major life activity,” under the ADA. The federal district court of New Mexico disagreed with the City, finding, among other things, that such conditions do qualify as a disability, and allowed Maes to proceed with her discrimination claims. [Read more…]

Filed Under: Disability Discrimination, Discrimination, Legal Rights