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Labor Relations Information System

Summary: The preeminent source for public safety labor and employment law issues.

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  • Artist: Will Aitchison
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Podcasts:

 First Thursday, March 2019 | File Type: audio/mpeg | Duration: 38:00

Our first premium podcast was released on February 20. Will interviewed noted FLSA attorney Greg McGillivary. Subscribe to our newsletter or premium podcasts for access. This weeks cases include: Blanket ‘Gag Order’ Violates Bargaining Law, Santa Clara County Correctional Peace Officers’ Association, 43 PERC ¶ 104 (Cal. PERB 2018). Denial Of Transfer Can Be ‘Adverse Employment Action,’ Yee v. Massachusetts State Police, 2019 WL 347521 (Mass. 2019). Arbitrator’s Decision To Reinstate Officer Survives ‘Public Policy’ Argument, City of Richfield v. Law Enforcement Labor Services, Inc., 2019 WL 575866 (Minn. 2019). LISTEN Favorite 0

 First Thursday, February 2019 | File Type: audio/mpeg | Duration: 33:03

Have you heard about our new premium subscription service? We’re adding a second monthly podcast interview series, access to LRIS books and newsletter articles, and a 5% discount off of seminar registration fees and book orders. Choose the Premium Podcast or Public Safety Labor News subscription options. This month’s cases include: What Does ‘Substantial’ Evidence Mean? Conley v. City of St. Louis, 561 S.W.3d 848 (Mo. App. 2018). The Employer Interviewing Union’s Witnesses: What Are The Rules? Commerce City Employees Association, 43 PERC ¶ 89 (Cal.PERB 2018). Chief Ordered To Sign POST Waiver, City of Shreveport v. Shreveport Municipal Fire...

 First Thursday, January 2019 | File Type: audio/mpeg | Duration: 43:08

Happy 2019 from LRIS. This month’s cases include: Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds, Cleveland Police Patrolmen’s Association, AAA #01-17-0003-7910 (James Rimmel 2018). Unions And The Duty Of Fair Representation, Wayne County Sheriff’s Association, 32 MPER ¶ 26 (Mich. ERC 2018). Because Of Disciplinary Impact, Body Cameras Are Negotiable, AFSCME, Local 61 v. State of Nebraska, 2018 WL 5846045 (Neb. CIR 2018). LISTEN Favorite 0

 First Thursday, December 2018 | File Type: audio/mpeg | Duration: 49:40

It’s the last First Thursday of month. Will has been a bit under the weather, which is why we’re late this month, but we’ve forced him out of his sick bed and into the recording room. First Post-Janus Cases Decided A variety of lawsuits have been filed across the country in the wake of the Supreme Court’s decision in Janus v. AFSCME. Court decisions have now been issued in three of cases. Need Unions Refund Fair Share Dues Collected Before Janus? Need Unions Refund Fair Share Dues Collected Before Janus? Danielson v. AFSCME Council 28, No. 3:18-cv-05206-RJB (W.D. Wa. 2018)...

 First Thursday, November 2018 | File Type: audio/mpeg | Duration: 58:03

Another survey! This one is about LRIS seminars, and one lucky participant will receive a $25 Amazon gift card. Complete the survey online here https://www.surveymonkey.com/r/5JSN8L7. The deadline to be entered in the drawing is November 8. This month’s cases include: To What Due Process Are Chiefs Owed, And When?, Straub v. City of Spokane, 738 Fed.Appx. 392 (9th Cir. 2018). Pennsylvania Sorts Out Cancer Presumption, With Difficulty, City of Philadelphia v. Workers’ Compensation Appeal Board, 2018 WL 5046516 (Penn. 2018). What Are The Employer’s Choices When An Employee Asserts Weingarten Rights? Metropolitan Alliance of Police, 35 PERI ¶ 56 (Ill....

 First Thursday, October 2018 | File Type: audio/mpeg | Duration: 51:41

Show Notes What do you think of the podcast? How do you listen? Help us make the podcast better by taking our short survey! This month’s cases: What Happens If You Can’t Agree Whether Bargaining Should Be In Public? Lincoln County, 2018 WL 4292910 (Wash. PERC 2018). Court Finds San Francisco Use Of Force Policy Not Negotiable, San Francisco Police Officers’ Association v. San Francisco Police Commission, 2018 WL 4611595 (Cal. App. 2018). Barring Criticism Of City Is Unlawful ‘Prior Restraint’ Of Speech, Barone v. City of Springfield, 2018 WL 4211169 (9th Cir. 2018). Forced Overtime Policy Violates FMLA, Nelson...

 First Thursday, September 2018 | File Type: audio/mpeg | Duration: 56:48

This month’s cases: FOP’s Attempt To Intervene In Consent Decree Case Untimely, State of Illinois v. City of Chicago, 2018 WL 3920816 (N.D. Ill. 2018). Citizen’s Initiative Cannot Be An End-Run Around The Bargaining Process, Boling v. PERB, 2018 WL 3654148 (Cal. 2018). Supreme Court Narrows Cell Phone Searches Even Further, Carpenter v. United States, 585 U.S. ____ (2018). No Violation Of Public Policy To Reinstate Officer Guilty Of Poor Performance, City of Crystal Lake v. Metropolitan Alliance of Police, 2018 Il. App.2d 170192-U (Ill App. 2018). LISTENFavorite 0

 First Thursday, August 2018 | File Type: audio/mpeg | Duration: 1:03:27

Ten question to ask in the wake of the Janus decision. Wyoming Law Requires That Volunteers Be Included In Firefighter Bargaining Unit, IAFF, Local 5058 v. Gillette/Wright/Campbell County Fire Protection Joint Powers Board, 2018 WL 3322899 (Wyo. 2018). Prosecutor ‘Absolutely Immune’ For Suit Alleging Brady-List Type Retaliation, Savage v. State of Maryland, 2018 WL 3398220 (4th Cir. 2018). ‘Repayment Of Training Costs’ Contract Not Enforceable, Borough of Madison v. Marhefka, 2018 WL 3059940 (N.J. App. 2018). Las Vegas Pay-To-Play System LISTENFavorite 0

 First Thursday, July 2018 | File Type: audio/mpeg | Duration: 1:04:23

Show Notes The big news this month is, of course, the Supreme Court’s Janus decision. Will discusses the court’s reasoning behind the decision, its immediate effects, and how public safety unions should deal with it. Will also reviews the following court decisions: No Duty Of Fair Rep In Criminal Cases, Cooke v. Palm Beach County PBA, 44 FPER ¶ 313 (Fla. PERC Gen. Counsel 2018) Corrections Officers Lose Due Process Claim For Safe Workplace, Correction Officers’ Benevolent Association v. City of New York, 2018 WL 2435178 (S.D.N.Y. 2018) Warrantless Search Of Officer’s Cell Phones Was Reasonable, Huff v. Harness, 2018...

 Supreme Court’s Janus Decision | File Type: audio/mpeg | Duration: 12:58

Will discusses the implications of the Supreme Court’s Janus decision. https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf DOWNLOAD Favorite 0

 First Thursday, June 2018 | File Type: audio/mpeg | Duration: 49:38

This month’s cases include: Refusal To Change Report Not Protected Speech, Davis v. City of Chicago, 2018 WL 2107586 (7th Cir. 2018) ‘Site Visits” To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters, IAFF Local 1401 v. City of Santa Rosa, 42 PERC ¶ 119 (Cal. PERB 2018) No Weingarten Rights At Quality Control Meeting, Rijos v. Orange County, 44 FPER ¶ 302 (Fla. PERC Gen. Coun. 2018) Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018) DOWNLOAD

 First Thursday, May 2018 | File Type: audio/mpeg | Duration: 57:31

Will covers a significant new Brady decision out of Vermont (Hubacz v. Village of Waterbury, 2018 WL 1660050 (Vt. 2018)) as well as the following cases: ‘Site Visits’ To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters v. City of Santa Rosa (Case citation coming soon) Firefighter’s Rule Lives On In Washington, Loiland v. State of Washington, 407 P.3d 377 (Wash. App. 2017) Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018) DOWNLOAD

 First Thursday, April 2018 | File Type: audio/mpeg | Duration: 53:16

In this month’s podcast, Will discusses the following cases: The Requirements Of The Duty Of Fair Representation, City of Bridgeport, 2018 WL 1151187 (Ct. Dept. Lab. 2018). Hearsay Alone Cannot Justify Disciplinary Decision, In re Corbo, 2018 WL 1095480 (N.J. App. 2018). Court Upholds Arbitrator’s Opinion Imposing ‘Reasonable Doubt’ Burden Of Proof, East Dundee and Countryside FPD v. IAFF, Local 4684, 2017 WL 7510741 (Ill. App. 2017). ‘Principle Purpose’ Of Body Cameras Not Safety, Denver Police Protective Association v. City and County of Denver, 2018 WL 1007795 (Colo. App. 2018). Fire Department’s Email Policies Violate First Amendment, Sprague v. Spokane...

 Interview With Attorney Scott Wood | File Type: audio/mpeg | Duration: 32:58

Will interviews Oklahoma attorney Scott Wood. Mr. Wood represented Tulsa police officer Betty Shelby when she was charged with two counts of manslaughter after her shooting of an unarmed civilian drew national media attention. The details of the incident are covered as well as the far-reaching implications of this case for officers involved in critical incidents and the attorneys who represent them. LISTEN

 First Thursday, March 2018 | File Type: audio/mpeg | Duration: 51:22

Will talks about developments with the Cadillac Tax on high-cost health insurance plans and other ways congressional action is affecting public safety labor issues. He also addresses a question about whether mandatory homework during training is compensable under the FLSA, and discusses the following cases: Court Finds Fitness-For-Duty Evaluations Violate The ADA, Port Authority Police Benevolent Association, Inc. v. Port Authority of New York and New Jersey, 2017 WL 4838320 (S.D.N.Y. 2017). Constitutional Protection For Officer’s Affair, Perez v. City of Roseville, 2018 WL 797453 (9th Cir. 2018). The Consequences Of Failing To Carefully Read A Proposal, New England PBA...

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