By David Worley
In Kosek v. Luzerne County (116 FEP Cases 1244 (M.D. Pa. 2012)), the court denied the County’s summary judgment motion concerning a discrimination lawsuit brought by a Corrections Counselor. The Officer claimed that the County had failed to promote the most qualified candidate for discriminatory reasons, and, although later corrected its action, did so only after the Correction Counselor had filed a grievance and separate lawsuit.
By David E. Worley
I
n City of Mt. Vernon, Illinois, 130 LA 1677 (Heekin 2012), the arbitrator held that four instances of clear and egregious falsehoods contained in the officer’s reports as well as at least one instance where the officer verbally abused a suspect gave the City cause for termination. Further, the arbitrator rejected the union’s argument that the officer was denied due process, noting that she was fully informed of the charges against her, and was given copies of all the evidence against her and provided an ample opportunity with legal counsel to respond to the charges.
By David E. Worley
The arbitrator in Bainbridge Township (131 LA 209), upheld the termination of a female police officer who told confidential information to her lover, a married police officer from another precinct who was under a pending investigation for abusing his wife. The arbitrator found termination proper for the breach of trust resulting from the grievant giving confidential information to the officer under investigation, as well as informing him that police were “on their way” to respond to the domestic disturbance call. The grievant’s use of a personal phone in her superior’s office, as well as excessive personal cell phone use during work hours are aggravating factors supporting the termination.
By Jim Cline
The Bureau of Labor Statistics (BLS) reports nationwide unionization rates dropped markedly in 2012, dropping from 11.8% in 2011, to 11.3%. BLS also reported that public sector unionization stood at 35.9%, while private sector unionization was at 6.6%. These numbers in 2011, stood at 37.0 % and 6.9%, respectively. In the 1950s, private sector unionization stood at about 35%.
By David Worley
In Zagaja v. Village of Freeport (116 FEP Cases 1227), the plaintiff’s claims of race and gender discrimination, survived summary judgment when she pleaded sufficient facts to indicate that the Mayor’s hiring of minority and male candidates (and demotion of herself), was based on race, and any other reasons were pretextual. [Read more…]
By Kate Acheson and Jim Cline
In Dill v. City of Clarksville, a Tennessee Court of Appeals vacated the termination of a police officer because that officer was deprived of due process in the termination proceedings. Although there was sufficient evidence to support the decision to discipline the officer, the police chief failed to follow the procedure set out in the city code — requiring all relevant investigation materials be forwarded to human resources prior to taking disciplinary.
By David Worley
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n Federal Bureau of Prisons (130 LA 1745 (Szuter, 2012), a one-day suspension was overturned entirely based on the lengthy delay that elapsed between the time of the infraction and the time of the discipline. While the arbitrator concluded that just cause existed to discipline the employee for the infraction, he also concluded that the contract was violated by the 15 month delay in completing the investigation. [Read more…]
By David Worley
In Dove v. Community Education Centers, a Pennsylvania federal district court held that a terminated corrections officer could proceed with his retaliation claim, when he was terminated after he had requested leave for his symptoms of depression. The court also upheld an interference claim against the employer for not informing him of his available FMLA leave. While the court was not deciding the merits of the claims, it was deciding, upon a summary judgment motion, whether the claims were sufficient to proceed to a trial. [Read more…]
By David Worley
An arbitrator in City of Canton, ruled that Canton Police Sergeants are entitled to have the Patrol Officer’s signing bonus included in the equation when calculating the Sergeant’s contractually, guaranteed rank differential agreement [Read more…]
By Kate Acheson
In Brubach v. City of Albuquerque, a group of city security guards claimed the City violated the Fair Labor Standards Act (“FLSA”) by failing to compensate them for pre-shift briefings. The City of Albuquerque moved to dismiss the guards’ complaint, claiming the time was voluntary. The federal court denied the City’s request, noting that enough dispute of fact existed to require a jury to decide the matter. The City also claimed the time was de minimis – so small it is legally insignificant. The court rejected this argument as a matter of law. [Read more…]
