LRIS First Thursday Podcast show

LRIS First Thursday Podcast

Summary: Will Aitchison’s roundup of what’s happening in the world of public safety labor and employment law.

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  • Artist: Will Aitchison
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Podcasts:

 First Thursday, March 2024 | File Type: audio/mpeg | Duration: 45:55

State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024) ‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023). Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.). Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.). When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).

 First Thursday, February 2024 | File Type: audio/mpeg | Duration: 47:40

Good news on the economy and inflation * The Bureau of Labor Statistics CPI data * From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery This month's cases * Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023) * Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023) * Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023) * What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).

 First Thursday, January 2024 | File Type: audio/mpeg | Duration: 44:38

The recurring attack on binding disciplinary arbitration. Will Aitchison covers a study from the Mackinac Center for Public Policy entitled "How To Improve Policing Through Collective Bargaining Reforms." He covers its fatal flaw, and why law enforcement unions must be aware of it. * View the press release. * View the study. Cases: Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023). ‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023). Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).

 First Thursday, December 2023 | File Type: audio/mpeg | Duration: 49:59

This month's cases: Cell Phone Warrant Of Officer’s Phone Too Broad, Commonwealth v. Sukhadia, 2023 WL 7409309 (Penn. Super. 2023). Township Violates Free Speech Rights By Banning Thin Blue Line Flag, Pennsylvania State Lodge v. Township of Springfield, 2023 WL 7547494 (E.D. Penn. 2023). Firefighter’s Union Loses Challenge to Arbitrator’s Opinion, Tamburo v. City of Stamford, 2023 WL 7540719 (Conn. Super. 2023). Union President Can Waive Union’s Bargaining Rights, City of Methuen, 2023 WL 7184541 (MA LRC 2023). A special Christmas offering: Duck: The Police

 First Thursday, November 2023 | File Type: audio/mpeg | Duration: 42:55

Current Events The latest development in A.I. and policing: The City of San Jose signs on to use Benchmark Analytics’ First Sign Early Intervention System. How are cities dealing with the recruitment and retention crisis? Cases * Consent Decree Does Not Impair Bargaining Rights, City of Newark v. Fraternal Order of Police, 2023 WL 6439402 (NJ App. 2023). * Officer's Brady Suit Can Proceed Pseudononymously, Doe v. Town of Lisbon, 2023 WL 5266283 (1st Cir. 2023). * Other Brady developments: New amendment to Florida’s Law Enforcement Officers’ and Correction Officers’ Rights statue dealing with placement on Brady lists.

 First Thursday, October 2023 | File Type: audio/mpeg | Duration: 44:06

This month's cases: Officers Entitled To Privacy About Participation In January 6 Rally, Jane Doe 1 v. Seattle Police Department, 2023 WL 4182193 (Wash. App. 2023). Download this case. Department’s Garrity Failure Results In Reinstatement, Foltz v. City of St. Louis, 2023 WL 5688659 (Mo. App. 2023). When Are Text Messages A Matter Of Public Concern, Prince George’s County v. Brooks, 2023 WL 5318327 (Md. App. 2023). Download this case. ‘National Police Association’ Loses Defamation LawsuitView the NPA's Form 990.

 First Thursday, September 2023 | File Type: audio/mpeg | Duration: 42:27

The persistence of the recruitment and retention crisis in public safety. Related stories: * A California city offered a $75,000 bonus to new cops. These departments are trying to keep up. * Some small towns in America are disbanding police forces, citing hiring woes. The Cases: * When Is An Employer Liable For Pre- And Post-Shift Work? Perry v. City of New York, 2023 WL 5490572 (2nd Cir. 2023). * Officer Had Due Process Right To Review Third-Party Video Before Interview, City of Akron, 23-2 ARB ¶8218, (Goldberg, 2023). * The Key Elements Of A Past Practice, City of Easton, 55 PPER ¶ 3 (Penn. LRB Hear. Off. 2023).

 First Thursday, August 2023 | File Type: audio/mpeg | Duration: 51:04

This month's cases: Florida Court Upholds Termination Of CO For Medical Marijuana Use, Ortiz v. Department of Corrections, 2023 WL 4101330 (Fla. App. 2023). No Weingarten Rights When Merely Receiving Counseling Memo, Madison County Deputy Sheriff’s Association, 56 PERB ¶ 4541 (NY PERB ALJ 2023). No Privacy Right To Masturbate While On Duty, Demill v. Peace Officer Standards and Training Council, 2023 WL 3637408 (Utah App. 2023). Transfer To Rotating Shift Not 'Adverse Action,' Naes v. City of St. Louis, 2023 WL 3991638 (8th Cir. 2023). Employer Liability For Co-Worker Sexual Harassment, Stein v. United States, 2023 WL 3993014 (3rd Cir. 2023).

 First Thursday, July 2023 | File Type: audio/mpeg | Duration: 55:05

Important cases from the Supreme Court. Groff v. Dejoy Students For Fair Admissions, Inc. v. President And Fellows of Harvard College Muldrow v. City of St. Louis Latest news: NYPD signs new uniformed officers contracts. New EEOC Guidance on When the Use of Artificial Intelligence in Selection Procedures May Be Discriminatory Arbitrator Orders In-Person Rather Than Video Hearing Department of Veterans Affairs, 2023 BNA LA 75 (Bonney 2023). National Academy of Arbitrators Opinion 26

 First Thursday, June 2023 | File Type: audio/mpeg | Duration: 44:59

This month's cases: Union, Not Member, Has Right To Invoke Arbitration, Pendleton Police Department, 2023 WL 2858867 (OR ERB 2023). Paid Union Leave Legal In Texas, Borgelt v. Austin Firefighters Association, 2022 WL 17096786 (Tex. App. 2022). * Austin Firefighters contract. This and other contracts available for download from the LRIS labor contract library. Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL 2418939 (Tex. App. 2023). Obtaining New Job Defeats Constitutional Liberty Claim, Jones v. Lake County Sheriff’s Office, 2023 WL 2631659 (N.D. Ill. 2023). * Loudermill v. Cleveland Board of Education

 First Thursday, May 2023 | File Type: audio/mpeg | Duration: 47:19

The movie and novel Minority Report introduced the idea of "precrime." Could AI make this a reality? Benchmark Analytics claims it can predict adverse officer actions before they happen. This month's cases: Boston Allowed To Implement Vaccination Policy, Boston Firefighters Union, Local 718 v. City of Boston, 2023 WL 2698781 (Mass. 2023). Court Turns Away Challenge To Union's Non-Member Fee Structure, Taylor v. Pennsylvania State Corrections Officers Association, 2023 WL 2565029 (Penn. Super. 2023).This is the first major case related to the Janus decision. Download Janus. ALJ Finds Employer Engaged In Illegal Surface Bargaining, City of Compton, 47 PERC ¶ 130 (Cal. PERB 2023). Change Of Union Does Not Necessarily Terminate Grievance Procedure, City of Chelsea, 203 N.E.3d 1142 (Mass. 2023).

 First Thursday, April 2023 | File Type: audio/mpeg | Duration: 56:45

The first meaningful applications of artificial intelligence in the public safety labor world are happening. What does this bode for the near future? * Benchmark Analytics: https://www.benchmarkanalytics.com/ * Article: Event-level prediction of urban crime reveals a signature of enforcement bias in US cities from Nature Human Behaviour, published June 30, 2022, https://www.nature.com/articles/s41562-022-01372-0 Cases: Arbitrator's Decision Reinstating Text-Messaging Officer Not Against Public Policy, City of Springfield v. PPBA, Unit 5, 2023 IL App (4th) 220321-U (Ill. App. 2023). No Privacy Protections Against Disclosure Of Officers' Names, Fraternal Order of Police v. District of Columbia, 2023 WL 2317584 (D.C. App. 2023). * Related article: Los Angeles police accidentally release photos of undercover officers to watchdog website, published March 21, 2023 by the Los Angeles Times * Related case: Kallstrom v. City of Columbus

 First Thursday, March 2023 | File Type: audio/mpeg | Duration: 45:54

Portland survived Winter Apocalypse 2023! This month’s cases: Firefighter Entitled To Unemployment Benefits After Firing For Use Of Medical Marijuana, City of Waterbury, 216 Conn.App. 717 (2022). No Privacy Interest In On-Line Videos, Mason v. City of Waco, 2023 WL 1926984 (W.D. Tex. 2023).Behind The Blue Curtain Podcast Officer's Facebook Lawsuit Survives Motion To Dismiss, Bresnahan v. City of St. Peters, 2023 WL 310208 (8th Cir. 2023). 'Me-Too' Issues Must Be Arbitrated, Cook County, 2022 WL 18549609 (Ill. App. 2022).

 First Thursday, February 2023 | File Type: audio/mpeg | Duration: 47:17

In this month's podcast: Article: Evidence On Measures To Reduce Excessive Use Of Force By The Police (h/t to PORAC). Firefighter Schedule Change Illegal Discrimination, IAFF, Local 365 v. City of East Chicago, 2022 WL 17829283 (7th Cir. 2022). Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email, State v. Bowers, 2022 WL 17984985 (Wisc. App. 2022). Workers Comp Limitation On Stress Claims Not Unconstitutional, Matthews v. Industrial Commission of Arizona, 2022 WL 17172180 (Ariz. 2022). (Article 18, Section 8 of Arizona State Constitution) Officer's Suicide 'Line Of Duty' Death, In re Lannon, 2022 WL 17747778 (Minn. App. 2022).

 First Thursday, January 2023 | File Type: audio/mpeg | Duration: 47:52

It's a new year and the times, they are a-changin' here at LRIS. In this month's podcast: * An announcement from Will Aitchison. * No Religious Freedom Exception To Photographs In Uniform, Swartz v. Sylvester, 2022 WL 17090374 (1st Cir. 2022). * City To Pay $1.6 Million For Firefighter Staffing Violation, East Cleveland IAFF 500 v. City of East Cleveland, 2022 WL 16635231 (Ohio App. 2022). * Backpay Can Include Overtime, Stockli v. North Carolina Department of Public Safety, 2022 WL 16937444 (N.C. App. 2022). * Court Upholds Chicago Police Vaccination Requirement, Fraternal Order of Police, Chicago Lodge No. 7 v. City of Chicago, 2022 IL App (1st) 220346-U (Ill. App. 2022). * Officer Loses Job To Facebook Post, Kirkland v. City of Marysville, 2022 WL 17413720 (6th Cir. 2022). * Union Fails To Timely Demand To Bargain Over Pension Changes, Association of Orange County Deputy Sheriffs, 47 PERC ¶ 84, (Cal. PERB 2022).

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