June 17, 2016 by

Arbitrator Finds Pennsylvania County Cannot Randomly Call Sick Corrections Officers Just Because They Had Previously Been Suspended For Unrelated Offences

boss callingBy: Jim Cline and Geoff Kiernan

In Allegheny County Jail, a Pennsylvania arbitrator found that the county violated its CBA when it expanded its random call provision to include officers with suspensions unrelated to violations of the Sick Leave Policy. The CBA provision at issue allowed management to randomly call any officer that called in sick to ascertain and/or confirm the illness or injury. But the random phone calls where only supposed to be made to an officer who has reached “suspension level” in the progressive disciplinary procedure.

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Filed Under: Arbitration Rulings
June 11, 2016 by

U.S. District Court Denies Employer’s Motion to Dismiss Illinois Police Officer and Reserve Marine’s USERRA Retaliation Suit

marine dress lineBy: Jim Cline and Jordan L. Jones

In Bello v. Village. of Skokie, the U.S. District Court, Northern District of Illinois denied the employers motion to dismiss a police officer and reserve marine’s suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA. The court held that the officer had stated a valid claim of discrimination and retaliation under USERRA warranting a trial.

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Filed Under: USERRA
June 10, 2016 by

U.S. District Court Dismisses Illinois Police Union President’s Suit Alleging Retaliation Following Union Endorsement in Mayor’s Race

police badgeBy: Jim Cline and Jordan L. Jones

In Schmalz v. Village of. Riverside, the U.S. District Court, Northern District of Illinois dismissed a Police Union’s Presidents  which hadalleging retaliation in violation of the First Amendment. The officer alleged that the Village and its officials failed to promote him based on his union activity and endorsement of a former trustee for mayor in the Village election. The court held that the officer had “sufficiently proved a connection between the political activity and the failure to promote.

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Filed Under: Constitutional Rights
June 3, 2016 by

Mississippi District Court Finds Correction Officer Can State a Claim for First Amendment Retaliation Following Her Termination after Testifying Against Supervisors

By: Erica Shelley Nelson and Sarah Burke

barfightIn Lott v. Forrest County, a corrections officer sued the county sheriff’s department and her supervisors alleging she experienced a retaliatory transfer and was ultimately terminated following her testimony at a trial against her supervisors. A Mississippi district court found that the officer could survive a motion for summary judgment on her claim for First Amendment retaliation because her transfer and termination occurred after her testimony and because of her supervisors.

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Filed Under: Free Speech Rights
June 3, 2016 by

Ninth Circuit Finds Two San Jose Police Officers Have Triable First Amendment Claim After Speaking Out About Time Sheet Fraud

timesheet picBy: Erica Shelley Nelson and Sarah Burke

In Hernandez v. City of San Jose, two police officers alleged they experienced adverse employment actions in violation of their First Amendment rights after one of the officers reported time sheet fraud. The City conceded the fraud reports were protected by the First Amendment but claimed there was no evidence that the report led to an “adverse action” against the officers. The Ninth Circuit rejected the City’s claim that was entitled to summary judgment, finding that unresolved issues existed that warranted a trial.

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Filed Under: Free Speech Rights
April 28, 2016 by

Arbitrator Rules City Failed To Maintain Safe Staffing Levels When It Assigned Specialty Officers to Patrol

Police-Patrol-CarBy: Jim Cline and Geoff Kiernan

In the City of Markham, an Illinois arbitrator ruled that the city violated its CBA by assigning members of specialty units (traffic detail, detectives, community service, etc.)  to fulfil the minimum staffing requirements of four full-time patrol officers.  This case because the contract provision at issue was not developed during bargaining decided in interest arbitration.

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Filed Under: Contract Interpretation
September 10, 2015 by

U.S. Court Of Appeals Decides That ADA Does Not Protect Oregon Police Officer With ADHD

By Erica Shelley Nelson and Brennen Johnson

adhdIn Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit ruled that an Oregon police officer with ADHD could not qualify as disabled under the Americans with Disabilities Act (ADA), which prevented him from asserting the ADA’s protections. In his lawsuit, the Officer alleged that the City violated the ADA by terminating him because of this ADHD. At trial, a jury agreed with him and awarded over $775,000 in damages, including back-pay and front-pay, as well as attorney’s fees. However, the Court of Appeals reviewed the case and overruled the verdict after determining that the Officer’s ADHD did not present symptoms that were severe enough to qualify as a disability under the ADA.

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Filed Under: Disability Discrimination
August 28, 2015 by

Arbitrator Finds Just Cause For Discharge Pennsylvania Corrections Officer Who Uses Sick Leave To Participate In Facebook-Posted Body Building Photo Shoot

By Jim Cline and Geoff Kiernan

i_m_with_stupidIn County of Allegheny, 134 LA 134 (Heekin 2014) the arbitrator upheld a discharge of a corrections officer who used his sick time, rather than his vacation time, to travel to Dallas for a photo shoot for a body building magazine.  The Officer’s participation was confirmed with posted pictures of his photo shoot on Facebook.  The arbitrator found just cause for the Officer’s discharge given that the CBA stated that sick leave was “not a right of taking” such as vacation and the fact that a poor discipline record including a recent last chance agreement. The arbitrator rejected the Union’s claim that there was a “right” to use sick leave as if it was a form of vacation.

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Filed Under: Arbitration Rulings, Contract Interpretation
August 25, 2015 by

Maryland’s Court of Special Appeals Holds That Expanding Weingarten Rights To Union Employees That Are The Focus Of A Criminal Investigation Violates Public Policy

By Jim Cline and Jordan L. Jones

stew10In Prince George’s County v. Prince George’s County Police Civilian Employees Association, a Maryland appellate court vacated an arbitrator’s decision which had reinstated a civilian employee  with the Prince George’s County Police Department. The Court rejected the arbitrator’s conclusion that the civilian employee must be informed of his right to have a Union representative present before being subjected to questioning that may lead to discipline by the County. The Court stated that expanding the requirement of Weingarten rights to “employees that are the focus of a criminal investigation violated public policy.”

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Filed Under: Weingarten
August 25, 2015 by

Fire Union and County in Florida Pay for Their Cooperation in Retaliating Against Firefighter Members

By Jim Cline and Jordan Jones

backstabberIn Booth v. Pasco Cnty., the Eleventh Circuit held that a Florida Fire Union and the County were liable for their retaliation against two firefighter union members. The Court rejected the Union’s claims that its communications warning their members that an EEOC complaint the firefighters brought against the Union and its members would cause their dues to increase when a jury had determined the primary purpose of the communication was retaliations, not a genuine notice of a dues increase. The Court also upheld the jury verdict, holding that the County had unlawfully retaliated when it ordered the firefighters to submit to a fitness for duty process, a process initiated after it alleged that the content of their EEOC complaint revealed they were “paranoid” and raised a fitness question.

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Filed Under: Discrimination
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