Arbitrator Construes CBA to Say Past Holiday Work Does Not Create an Expectation for Future Holiday Work

By Anthony Rice

PastIn the City of Chicago, the arbitrator denied the grievance alleging a CBA violation for the City’s decision not to staff a Patrol Officer on a holiday, despite having done so in the past.

At the time of the alleged CBA violation, the Grievant, who is currently a Sergeant in the Chicago P.D., was a Patrol Officer detailed to the Special Events Unit. The Special Events Unit is responsible for coordinating the P.D.’s response to special events, such as parades, motorcades, and movie shoots. Thus, on holidays like Lincoln’s Birthday, at issue here, the Grievant normally is assigned work. However, in this case the Grievant was not “required to work” his regular tour of duty on the contractual holiday because The Special Events Unit had been declared “non-essential” by the City. The Union grieved, asserting the City abused its Management rights.

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Federal District Court Trashes City’s Motion to Dismiss Due Process Claims of Terminated Police Officer Accused of Misusing City Dumpsters

By Emily Nelson

DumpsterIn Mariano v. Borough of Dickson City, a Pennsylvania Federal District Court held that the City was not entitled to dismissal of a terminated police officer’s claim that his right to due process was violated when he was fired shortly after filing grievances.

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Police Officer Denied Tuition Reimbursement Due to City’s Budgetary Constraints

By Jordan Jones

DeniedIn City of Troy, the arbitrator rejected a grievance over the City’s denial of a police officer’s tuition reimbursement request due to the City’s budgetary constraints.

Police officer Misirian informed his employer that he planned on registering for two graduate courses at a university and that he was seeking tuition reimbursement. The City subsequently denied the police officer’s request stating that “2013 [f]unding does not allow for tuition reimbursement at this time.” In other words, the City claimed their budget would not allow for it. [Read more…]

Pennsylvania District Court Finds Chief’s Badmouthing and Sharing of Officer’s Personal Medical Information Does Not Qualify As Unlawful Retaliation for Officer’s Disability Accommodation Request

By Emily Nelson

Case Dismissed 4Plaintiff Leif Henry, a police officer for the City of Allentown, Pennsylvania, filed suit against the City alleging, among other things, disability discrimination and retaliation under the Rehabilitation Act after a superior officer complained about Henry’s request for a medical accommodation, and Henry was then subjected to an internal affairs investigation. The district court dismissed both claims in Henry v. City of Allentown, finding that Henry had not shown that he suffered an “adverse employment action” by his superior officer, Chief Roger MacLean.

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City of Chicago has Discretion in Assigning Mandatory Overtime for Police Officers

By Jordan Jones

Overtime 2In City of Chicago, the arbitrator, citing “management rights” denied police officers’ grievance for not being assigned overtime for “Operation Safe Summer.”

 Police officers from the First District of the City of Chicago filed this grievance after being denied overtime for Operation Safe Summer. Operation Safe Summer was a program designed to counter gang violence in specific high crime areas of the City.  The City took the position that only current gang and tactical team officers were eligible for this assignment. [Read more…]

Invoking Public Safety Employer Exemption in ADEA, City of Cleveland Permissibly Forces Police Officers Aged 65+ into Retirement during Budget Crisis

By Mitchel Wilson

IRetirement 1n Sadie v. City of Cleveland, 118 FEP Cases 1104 (6th Cir. 2013), the appellate court upheld the lower court for dismissing the suit of a group of former Cleveland police officers who were not retained after age 65.  Their suit alleged that the City’s mandatory retirement program violated the Age Discrimination in Employment Act (ADEA), an Ohio discrimination statute, and equal protection of the 14th Amendment.

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Florida Mass Drug Testing Arbitration Result Appears to Turn on its Facts and CBA Language

By Jim Cline

CommentaryOccasionally, an arbitration decision calls out for a bit more explanation and the Arbitrator’s Ruling allowing the Ocala Fire Department to “Mass Test” its Firefighters is one such decision.  As described in our recent case note on the decision, the arbitrator found that the reasonable suspicion language in the CBA allowed the City to undertake a “mass test” all firefighters with any type of access to fire trucks from which narcotics had gone missing.

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Florida Fire Department that Ordered Mass Drug Testing Over Missing Morphine Does Not Violated the CBA, Arbitrator Rules

By Anthony Rice

Drug Test  3In the City of Ocala, an arbitrator found that the City did not violate the CBA when it urine tested 19 firefighters who had access to two fire trucks from which narcotics went missing.

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Suspension Reduced for Chicago Officer Who Attempted to Help His Friend—a Bombing Suspect

By Anthony Rice

Justice ScalesIn City of Chicago, the arbitrator reduced the Grievant’s suspension from 20 days to 10 days for a Chicago officer charged with interference in the execution of search warrant during an investigation of a car bombing by a suburban Police Department in which the Officer’s friend was a suspect.  The arbitrator ordered the reduction after he concluded that the Officer did not interfere with the execution of a search warrant, but did agree that the Officer had been verbally abusive to the investigating officers.

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New Jersey Dispatch Center Manager with Leukemia Who Claims Retaliation after Seeking Accommodation from “Moldy Room” Presents Viable Discrimination and FMLA Claims

Retaliation 2In Moore v. County of Camden, 20 WH Cases 2d 1369 (D.N.J. 2013), a New Jersey federal district ruled declined to dismiss and set for trial a Dispatch Managers Claim that he was retaliated against after he presented his health issues.

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