Labor Relations Information System
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- Artist: Will Aitchison
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Will talks about the Plain View Project, an online database of Facebook posts and comments by current and former law enforcement officers that include racist, sexist, anti-Muslim and other controversial sentiments. He also covers the following cases: Employer Cannot Refuse To Negotiate With Union’s Lawyer, FOP, Lodge 109 v. SEPTA, 50 PPER ¶ 7 (Penn. LRB 2019) ‘Do Not Apply’ Alert Is Protected Union Speech, City of Santa Maria, 43 PERC ¶ 161 (Cal. PERB ALJ 2019) Discipline Outside Of Statutory Time Frames Is ‘An Absolute Nullity,’ Pozzo v. Department of Police, 2019 WL 1473500 (La. App. 2019) LISTEN
Will covers four cases this month including a Florida case that deals with the relationship between Garrity and Miranda and an Illinois case involving the relationship between HIPAA and the ADA in regards to fitness for duty evaluations. Full list of cases: How Miranda and Garrity Relate To Each Other, State of Florida v. Socarras, 2019 WL 1548623 (Fla. Dist. Ct. App. 2019). HIPAA Forms Can Violate Americans With Disabilities Act, Nawara v. County of Cook, 2019 WL 1399972 (N.D. Ill. 2019). Lengthy Placement On Administrative Leave Violates Past Practice, San Francisco POA, ERD 38-17-3293 (Burdick 2019). LISTEN
Jim Porter of the Bend, Oregon Police Department discusses how a focus on the emotional and physical health of a police department can transform the morale, productivity, and job satisfaction of officers. In the five years he has held his position, Chief Porter has implemented a number of innovative programs designed to improve the well-being of officers. These methods have proven effective, and in 2018 the Bend PD was given the Department of Justice Officer Wellness Award. LISTEN
This month’s cases include: California Supreme Court Ducks (For Now) Major Retirement Question But Allows End To ‘Air Time,’ Cal Fire Local 2881 v. California Public Employees’ Retirement System, 2019 WL 1008413 (Cal. 2019). Exclusionary Rule Does Not Apply In Disciplinary Appeal, Ramirez v. State Personnel Board, 2019 WL 948970 (Cal. App. 2019). DROP Benefits Can Be Prospectively Reduced, Eddington v. Dallas Police and Fire Pension System, 2019 WL 1090799 (Tex. 2019). Anti-Union Animus, Not Profanity, True Basis For Firing, Lawrence County, 50 PPER ¶ 50 (Penn. LRB ALJ 2019). Janus Does Not Impact Union’s Status As ‘Exclusive Representative,’ Mentele...
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
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...
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
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)...
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....
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...
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). LISTEN
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 LISTEN
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...
Will discusses the implications of the Supreme Court’s Janus decision. https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf DOWNLOAD
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