By Jordan L. Jones
In Village of Key Biscayne, the Arbitrator held that the Fire Department (“Department”) did not have “just cause” to discharge a Fire Captain (“Grievant”), despite his failure to respond to a call for assistance.
July 22, 2014 by
Mitigating Factors Saves Job of Florida Firefighter that Failed to Respond to Calls
July 21, 2014 by
Firefighter with Only One Good Eye Still May Retain Employment Rights
By Emily Nelson
Anthony Rorrer, a firefighter for the City of Stow, Ohio, alleged the City violated the Americans with Disabilities Act (ADA) by firing him after he completely lost vision in one eye in a non-work related accident. In Rorrer v. City of Stow, a Federal Court of Appeals reversed a lower court’s grant of Summary Judgment to the City, allowing Rorrer’s ADA claims against the City to proceed.
July 17, 2014 by
As Expected, Supreme Court Acknowledges First Amendment Speech Protection for Public Employee that Testifies Pursuant to Subpoena
By Jim Cline
As had been widely anticipated, the United States Supreme Court in Lane v. Franks overturned a ruling by the 11th Circuit Court of Appeals that had found that a Georgia community college administrator was unprotected by the first amendment when he was retaliated against following his sworn court testimony.
July 3, 2014 by
Arbitrator Upholds Discharge of Texas Sergeant that Disobeys Orders not to Post Name Clearing Report
By Anthony Rice
In City of Waxahachie, the Arbitrator upheld the termination of a Sergeant for numerous department violations where the Sergeant used city equipment to disseminate investigative findings that dismissed a subordinate’s complaint against the Sergeant, despite a clear order from the Chief not to do so.
July 1, 2014 by
In Closely Watched Decision, Supreme Court declines to Hold Mandatory Union Dues Clauses Unconstitutional — For Now
By Jim Cline
In a decision on a case that had presented significant financial and operational important to Public Employee Unions, the United States Supreme Court held this Monday in Harris v Quinn that the Illinois law, as applied to a special class of home health care workers, unconstitutionally imposed a “fair share” dues payment requirement.
June 24, 2014 by
Superior Officers’ Actions Against African-American Correctional Officers Sufficient to Make out Prima Facie Harassment and Retaliation Claims.
By Oliver Enquist
In Ellis v. Houston, the Eighth Circuit Court of Appeals ruled, in part, in favor of five African-American Correctional Officers who brought claims against five of their Supervisors for race-based harassment and retaliation.
June 19, 2014 by
Six to Ten Late Reports a Month Gives the City Just Cause to Fire an Officer
By Anthony Rice
In City of W. Carrollton, Ohio, the Arbitrator found the City terminated an officer for Just Cause, because he was filing 6 to 10 late reports a month. Noting previous suspensions for the same violation, the Arbitrator concluded the officer had received the progressive discipline he was due.
June 17, 2014 by
Dispatcher’s Termination Upheld Pursuant to an Enforceable Last Chance Agreement
By Anthony Rice
In City of Sunrise, the Arbitrator concluded his hands were tied by a Last Chance Agreement (LCA) signed by a dispatcher, where the LCA was enforceable and the dispatcher violated its terms.
June 17, 2014 by
City’s Attempt to Withhold Officer’s Annual Wage Increase Violates CBA
By Anthony Rice
In City of Springdale, the Arbitrator ruled that the City violated the CBA when it refused to grant an officer’s wage increase after she was out on maternity and injury leave, where the intent of the parties surrounding the CBA was to grant the wage increase on the anniversary of the officer’s date of hire.
May 22, 2014 by
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 11th 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.
