By Anthony Rice
In City of West Palm Beach, the arbitrator held the grievance was not arbitrable, because the captain (grievant) was outside the bargaining unit and the CBA contained no language concerning grieving a captain’s demotion.
September 16, 2014 by
Despite an Unjust Demotion, the CBA Does Not Give a Police Captain Redress
September 12, 2014 by
Illinois Police Dispatcher’s Grievance Time Barred By The Collective-Bargaining Agreement
By Jordan L. Jones
In City of Marion, the arbitrator denied the police dispatcher’s grievance for in-service incentive training pay finding that the grievance was not filed timely under the CBA.
The dispatcher received a paycheck on February 28, 2013, and noticed that there was not a wage increase that should have been included for in-service incentive training under the CBA. The dispatcher subsequently filed a grievance with the city on March 22, 2013.
September 12, 2014 by
Oregon Court Holds that City Must Include Vacation and Sick Leave Time When Calculating Overtime Wages for Firefighters
By Jordan L. Jones
In Fire Fighters Local 3564 v. City of Grants Pass, the Oregon court of appeals held that the city had to include vacation and sick leave time when calculating overtime wages for firefighters to comply with Oregon Revised Statutes (O.R.S.) 652.080.
August 30, 2014 by
Arbitrator Finds Florida Corrections Supervisor’s Discharge For Unknowingly Bringing A Firearm Into The Workplace To Be Without Just Cause
By Jordan L. Jones
In State of Florida, the Arbitrator held that there was not just cause to discharge a Corrections Supervisor (Supervisor) who unknowingly brought a firearm into her office, because of the unequal discipline she received compared to another Employee for a similar incident.
August 28, 2014 by
Arbitrator Holds that Sexual Harassment Is So Odious a Positive Work Record Cannot Mitigate Orange Florida Fire Inspector’s Actions
By Anthony Rice
In Orange County, an Arbitrator ruled that the severity of a Fire Inspector’s sexually harassing conduct against subordinates for which he was terminated, outweighed any mitigating factors in his employment record.
August 11, 2014 by
The Name of the Discipline Changed, but the Fact Remains, Border Patrol Violated Double Jeopardy
By Anthony Rice
In Dep’t of Homeland Security, Arbitrator John Hoose held that U.S. Customs and Border Protection violated double jeopardy when it punished an Agent twice for the same DUI offense.
August 7, 2014 by
County Did Not Violate Collective-Bargaining Agreement When It Did Not Pay Higher Classification Officer Pay To Officer Upon her Return From Leave Under the Family and Medical Leave Act
By Oliver Enquist
In County of Tazewell, an Arbitrator held that a Tazewell County Classification Officer had no contractual right to remain in the Classification Officer position during her leave of absence, covered under the Family Medical Leave Act (FMLA).
August 4, 2014 by
Seventh Circuit Rejects Union’s Constitutional Challenges to Wisconsin’s Collective Bargaining Law Amendments
By Jordan L. Jones
In Laborers Local 236 v. Walker, the Seventh Circuit denied the Union’s challenges that Wisconsin’s Act 10 (1), the controversial amendment to the Wisconsin collective bargaining law. The Union had alleged that the amendments infringed upon their First Amendment petition and association rights and (2) denies Union members the equal protection of the laws ensured by the Fourteenth Amendment.
August 1, 2014 by
Arbitrator Upholds Discharge of California Corrections Deputy for His Sexual Misconduct Toward Female Inmates
By Jordan L. Jones
In County of Yuba, 133 LA 361 Arbitrator William Riker held that there was just cause to discharge a corrections Deputy Sheriff for his interactions with female inmates, which included inappropriate touching and searches.
July 22, 2014 by
Terminated New Jersey Police Officer’s First Amendment Claim Fails After Federal Court Finds Retaliation Based on Mistaken Perception of Free Speech Not Actionable
By Emily Nelson
Jeffrey Heffernan, a police officer in the City of Paterson, New Jersey, sued the City for retaliation after he was demoted from Detective to Patrol Officer for engaging in protected speech. Heffernan was demoted the day after other police officers observed him meeting with a Mayoral Candidate’s Campaign Manager to pick up a campaign lawn sign for his ill mother while he was off duty. However, in Heffernan v. City of Paterson, a Federal District Court dismissed Heffernan’s claims, finding that an employee cannot bring a first amendment retaliation claim based on an Employer’s mistaken perception that the Employee is engaging in political speech—there must be some evidence that the individual actually engaged in the speech for which they are retaliated against.
