By Anthony Rice
In Bozzo v. City of Gilroy, a California Federal District Court ruled that a reduction in pay in exchange for “furlough time,” does not entitle City of Gilroy Fire Chiefs’ to overtime under the FLSA. The court rejected the Chief’s argument that the City’s furlough plan violated the “salary basis” test of the FLSA causing the positions to lose their exempt status.
By Anthony Rice
In 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.
By Emily Nelson
In 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.
By Jordan Jones
In 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…]
By Emily Nelson
Plaintiff 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.
By Jordan Jones
In 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…]
By Mitchel Wilson
I
n 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.
By Jim Cline
Occasionally, 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.
By Anthony Rice
In 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.
By Anthony Rice
In 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.
