In 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.
December 9, 2013 by
New Jersey Dispatch Center Manager with Leukemia Who Claims Retaliation after Seeking Accommodation from “Moldy Room” Presents Viable Discrimination and FMLA Claims
December 6, 2013 by
Ninth Circuit Holds that Crimes Committed as Soldier are Not Protected “Performance of Service” Under the USERRA
By Mitchel Wilson
In an unpublished decision Nazario v. City of Riverside, the Ninth Circuit Court of Appeals upheld the trial court’s decision to dismiss a discharged Riverside PD officer’s Uniformed Services Employment and Reemployment Rights Act (“USERRA”) claims, denying him a trial, because he could not show he was fired and not rehired because of his military service.
December 4, 2013 by
Air Force Firefighting Contractor Fails Arbitration Test Because of Its Inconsistent and Disparate Application of Pulmonary Capacity Tests on Assistant Chief
By Anthony Rice
In CSC Applied Technologies, the arbitrator sustained the grievance finding that Management overlooked mitigating factors when it terminated an assistant fire chief from service on the grounds that he failed to meet medical requirements. [Read more…]
December 4, 2013 by
Four Times is Not a Charm: Despite Four Multiple Complaints, Cook County Corrections Sergeant’s Gender Discrimination and Hostile Work Environment Claims Not Trial Worthy
By Mitchel Wilson
In Mercer v. Cook County, the Seventh Circuit Court of Appeals, (in an unpublished opinion) upheld the trial court’s decision to dismiss Corrections Sergeant Pamela Mercer’s claims of Gender Discrimination and Hostile Work Environment. It agreed with the lower court because Mercer could not show the conduct directed at her was because of gender and her transfer was not an adverse employer action and the incidents cited were not severe/pervasive enough to alter the Officer’s working conditions. [Read more…]
November 27, 2013 by
A Short, Readable History of Public Sector Collective Bargaining Published
By Jim Cline
F
or those of our readers who would like a deeper understanding of the context and background of collective-bargaining rights, especially those public sector and public-safety employees, Toledo Law Professor Joseph Slater has published a very readable and condensed history of United States public-sector collective bargaining law. While Slater’s article is entitled “The Strangely Unsettled State of Public-Sector Labor in the past 30 Years,” he actually takes events back, nearly 100 years ago to the Boston Police Strike of 1919. His focus on the 30-years, marks the departure point for which he believes public-sector collective-bargaining rights issues became more partisan and less stable.
November 26, 2013 by
“Safety Rule” Exceptions to the FLSA Overtime Exemption Leaves Over Fifty Montgomery Firefighters High and Dry
By Anthony Rice
In Watkins v. City of Montgomery, fifty-four Fire Suppression Lieutenants failed to convince a federal district court that they were not exempt from the overtime requirements under the FLSA under the City of Montgomery’s claimed “executive” exemption.
November 26, 2013 by
Standby or On-Call? Union Successfully Grieves Baltimore County Failure to Pay Deputies despite 12-Year Past Practice of Nonpayment
By Mitchel Wilson
In Baltimore County, Arbitrator Richard Trotter granted the Union’s grievance for lost compensation for Deputy Sheriffs who are subject to being called into work while they are off duty.
November 26, 2013 by
Arbitrator Holds Anchorage May Not Unilaterally Change Non-Sworn PD Employees’ Alternative Work Schedule after 10 Years
By Mitchel Wilson
In Municipality of Anchorage, Arbitrator Robert Landau concluded that because the City of Anchorage changed the Police Support work schedule, it had improperly changed a working condition in violation of the CBA.
November 26, 2013 by
Deceptive Illinois County Sheriff Seeking to “Give the Boys a Chance” to be K-9 Officers Uses Toy-Coyote-Decoy to Unsuccessfully Disguise Gender Discrimination
By Mitchel Wilson
In Aldridge v. Lake Cnty. Sheriff’s Office, an Illinois federal trial court dismissed the Lake County’s motion for summary judgment and permitted a female deputy’s gender discrimination claims to go to trial. The Court concluded, the various evidence including the statements that the Sheriff “wanted to give the boys a chance” at the K-9 assignment, was enough to demonstrate a viable discrimination claim.
November 26, 2013 by
Arbitrator Refuses to Rescind a Voluntary Resignation after Finding the Employee Called in Sick to Work another Job
By Anthony Rice
In City of Lorain, the arbitrator found the Ohio City had just cause for the termination of an EMT based on his voluntarily resignation to avoid prosecution of “office theft.”
