City Wrongfully Discharged Officer for “Insubordination” for Refusing to Return to Work While Injured and Violated Just Cause When it failed to get a Second Opinion

By Anthony Rice

Icrutch 3dn City of Marengo, Arbitrator Stanley Kravit found the termination of a police officer to be without just cause when the City improperly ordered the officer to return to work while she was recovering from an injury. Kravit rejected the City’s claim that it was “insubordination” to refuse to return to work once the City’s hired physician found her fit when this finding was against the weight of the evidence that she was, in fact,  unable to safely work.  Kravitt ruled that the City violated the due process requirement—that all relevant evidence be fairly considered before discharge. [Read more…]

Female Officer Defeats the Philadelphia PD’s Motion to Dismiss by “Sufficiently Alleged Severe and Regular Acts of Harassment” Including being Called “Spankasaurus”

By Anthony Rice

Name CallingIn 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…]

Deputy Loses Out on Overtime Opportunities When Union Fails to Show Past Practice

By Anthony Rice

Time is moneyIn 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.

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DC Court of Appeals Holds Failure to Award Park Officer Paid-Leave for Jobs Well Done, is Not Retaliation

By Mitchel Wilson

Good JobIn 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.

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When Juvenile Detention CBA Allows for Light Duty Positions, Detention Center is Required to Offer it to Officers, Arbitrator Declares

By David Worley

Light DutyWhen 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.

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The Ebb and Flow of First Amendment Arbitration Decisions

By Anthony Rice

Arb DecisionsThis 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.

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DC Court of Appeals Concluded that a Two-Step Demotion to Manipulate a Female African-American Police Commander to Retire or Transfer is Plausible Theory for Trial

By Mitchel Wilson

Discrimination 3In 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…]

Federal Fourth Circuit Holds Firefighter’s Protected Speech Does Not Protect against Unrelated Violations of County Policy

By Anthony Rice

Megaphone ]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…]

Florida Firefighter Loses the Fight: Arbitrator Holds that Involuntary Transfer is Permissible and Not Disciplinary

By Mitchel Wilson

3d man boxingIn 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.

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Arbitrator Holds that after City Laid Off Officers, it Improperly Deducted Pro Rata Remainder of Equipment and Gun Allowance from Final Paycheck

By Mitchel Wilson

LayoffIn 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.  

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