By Anthony Rice
In Salvato v. Smith, the court denied the City’s motion to dismiss a female police officer’s harassment claim. The court found the Officer successfully alleged her superior officers’ behavior was “sufficiently severe or pervasive” enough to alter the conditions of her employment. The court found the Officer’s Complaint was brimming with allegations regarding the hostile conduct she suffered, including: [Read more…]
By Anthony Rice
In Carlton County, the Union failed to prove its claim of a past practice in the Minnesota Sheriff’s Department of pairing one of the four most senior field deputies, with one of the four least senior field deputies when shift assignments are made. The County therefore did not violate the CBA when it paired the Grievant, one of the four most senior deputies, as the junior deputy to another of the four most senior deputies.
By Mitchel Wilson
In Bridgeforth v. Jewell, the court granted the United States Park Service, summary judgment because police officer Wayne Bridgeforth’s claims of retaliation were too speculative for trial. The DC Circuit Court of Appeals found insufficient evidence linking the denial of Bridgeforth’s time off award with his “protected activity” of having filed a discrimination claim.
By David Worley
When the Ashtabula County Youth Detention Center declared that it was no longer providing “transitional” positions, which were specifically detailed in the CBA, the employer was found by an arbitrator to have improperly read these provisions out of the CBA.
By Anthony Rice
This article demonstrates how arbitrators might view similar free speech claims differently. In Elko County, a sergeant’s discussion about the sheriff’s proposed staff reorganization was allowed to circumvent the chain of command since the speech was protected by the First Amendment. However, in City of Wapakoneta, a fire captain’s speech was required to go up the chain of command because the speech was not protected.
By Mitchel Wilson
In Primas v. District of Columbia, the D.C. Court of Appeals overruled the lower trial court for dismissing a female, African-American Police Commander claims of sex and race discrimination, and remanded them for trial. The Court ruled that the Plaintiff’s complex theories on a manipulated retirement had sufficient merit to survive a summary judgment motion [Read more…]
By Anthony Rice
![Megaphone ]](https://www.nationalpoliceandfirelaborblog.com/wp-content/uploads/2013/10/Megaphone-.jpg)
In Minnick v. County of Currituck, the Fourth Circuit Court of Appeals dismissed a firefighter’s First Amendment claim because there was no link between his speech and the “adverse employment action.” Although Firefighter Minnick had attempted to organize a union and had engaged in arguably protected speech by complaining about equipment and safety issues, the court found no proof that his speech was a “substantial factor” in his forced transfer and later discharge. [Read more…]
By Mitchel Wilson
In Orange County, Florida, 131 LA 1367 (Smith 2013) Arbitrator Harold Smith concluded that the decision to transfer a firefighter was not a disciplinary decision and therefore was permissible according to the provisions of the CBA even though an employee conflict prompted the transfer.
By Mitchel Wilson
In City of Inkster, 131 LA 1179 (Brodsky, 2013), Arbitrator Deborah Brodsky concluded that the Michigan City violated the CBA when it deducted the pro rata remainder of equipment allowances paid to officers in a lump sum at the start of the year. The deduction was improper because the CBA only allows for the deduction when an officer is “terminated” but in this case, the officers were laid off and subject to return.
By Anthony Rice
In City of Chicago, the arbitrator found that a police officer was misled into believing her medical insurance covered her therapy. The arbitrator held that it is fundamentally unfair to put the onus on the employee to understand an incorrectly labeled doctor’s referral slip, and then reach the conclusion her treatment is not cover without a pre-certification.
