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, December 2022 | File Type: audio/mpeg | Duration: 47:03

This month's cases: Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6th Cir. 2022). Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11th Cir. 2022). Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v. County of Riverside, 2022 WL 16646827 (Cal. App. 2022). Reasonable Accommodation And Cold Baths, Bright v. Martin, 2022 WL 16712874 (E.D. La. 2022). PTSD Caused By Shooting, Not Gradual Stress, Las Vegas Metropolitan Police Department v. Marx, 2022 WL 17185093 (Nev. App. 2022).

 First Thursday, November 2022 | File Type: audio/mpeg | Duration: 55:23

Cases: The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022). Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022). Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 WL 14890243 (S.D.N.Y. 2022). Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022 WL 14229458 (7th Cir. 2022). Court Upholds Anti-Fraternization Rule, Lewis v. Smith, 2022 WL 10965839 (5th Cir. 2022).

 First Thursday, October 2022 | File Type: audio/mpeg | Duration: 52:06

What’s going on with the Consumer Price Index? Cases: Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022). Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022). Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022). Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022). Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board of Trustees, 2022 IL App (3d) 210100-U (Ill. App. 2022). Post-Retirement Conduct Can Result In Pension Forfeiture, Mahan v. Boston Retirement Board, 2022 WL 4073845 (Mass. 2022).

 First Thursday, September 2022 | File Type: audio/mpeg | Duration: 56:46

Policing and police staffing in Portland, Oregon. Article: The Injustice Of Under-Policing In America First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022). Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. 2022). Iowa’s New Brady Statute Grants Protections To Officers, https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF2496 Officer Had No Expectation Of Privacy In Employer Video Equipment, Kilmer v. State of Texas, 2022 WL 3053873 (Tex. App. 2022). Disagreement With Tactics Not Basis For Claim Against Union, In re Bruder, 55 PERB ¶ 4542 (NY PERB Director 2022). Union Does Not Breach DFR By Refusing To Bargain Seniority Issue, Barth v. City of Cranston, 2022 WL 3225382 (1st Cir. 2022). Premium podcast will be returning soon!

 First Thursday, August 2022 | File Type: audio/mpeg | Duration: 44:08

In this month's podcast: Religious speech implications of the Supreme Court's Kennedy decision. Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th Cir. 2022). Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022). No Due Process Right To Promotion From Expired List, Cummings v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022). Pre-Disciplinary Hearing Must Precede, Not Follow, Sustaining Of Complaint, Washington v. Shreveport fire & Police Civil Service Board, 2022 WL 1654146 (La. App. 2022). Officer's Experience With Death And Decaying Bodies Defeats Disability Claim, Mesmer v. Board of Trustees, 2022 WL 946070 (N.J. App. 2022).

 First Thursday, July 2022 | File Type: audio/mpeg | Duration: 53:03

How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers?Mentioned in this discussion: Garcetti v. Ceballos Other cases discussed: New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022). No DFR Breach When Fire Union Balances Competing Priorities Of Members, Gault v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022). No Discipline For Following Lieutenant’s Guidance, Jenkins v. New Orleans Police Department, 2022 WL 2237457 (La. App. 2022).

 First Thursday, June 2022 | File Type: audio/mpeg | Duration: 51:10

This month's cases: Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.] What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022). No Weingarten Representation When Employer Assures Employee Discipline Not Possible, Canovas v. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022). Arrest Does Not Necessarily Trigger Weingarten Rights, State of New Jersey, 2022 WL 810182 (N.J. PERC ULP Director 2022). Sergeant Demoted For Intimate Relationship With Officer, Wolfe v. City of Town and Country, 2022 WL 1165838 (E.D. Mo. 2022).

 First Thursday, May 2022 | File Type: audio/mpeg | Duration: 43:40

In this month's podcast: New Jersey Attorney General's cannabis compliance memo Cases covered Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022) Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022) Qualified Immunity Shields Employer From Liability For Illegal Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022) No Privacy Interests In Another’s Apple Watch, Owens v. Logan Propes, 2022 WL 1109431 (M.D. Ga. 2022)

 First Thursday, April 2022 | File Type: audio/mpeg | Duration: 49:34

In this month's podcast: Meet John Chrystal. John is the president of the Newark, New Jersey Police Superior Officers’ Association and has attended LRIS seminars for many years. He’s taken the knowledge gleaned from those seminars had translated it into wins for his union. Two recent cases illustrate this. * City Guilty Of ‘Direct Dealing’ In Offering Retirement Incentive, City of Newark, 2022 WL 810185 (N.J. PERC 2022).* City Stuck With Police Director’s Grant Of Grievances, City of Newark, 2022 WL 871381 (A.D. 2022). ADA Violated By Routine Physical, Psychological Examinations, LaCroix v. Boston Police Department, No. 19-cv-11463 (D. Mass. 2022). The Consumer Price Index. What’s driving the current numbers, unseen for 40 years, and what do they mean for the future of contract negotiations? LRIS wage and benefit survey.

 First Thursday, March 2022 | File Type: audio/mpeg | Duration: 49:11

This month's cases: Major Cell Phone Decision From Phoenix, Turiano v. City of Phoenix, No. CV-21-01428-PHX-MTL (D. Ariz. Feb. 4, 2022). Arbitrator Upholds Chicago Police Vaccine Mandate, City of Chicago, (George Roumell, Jr. Feb. 23, 2022). ‘Gap Time’ And The FLSA, Conner v. Cleveland County, 2022 WL 53977 (4th Cir. 2022). No Employment Right To Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274 (Fla. PERC 2022).

 First Thursday, February 2022 | File Type: audio/mpeg | Duration: 49:11

A brief update on vaccine mandates. Cases: Arbitrator Upholds Lieutenant’s Termination For January 6 Charges, Bexar County, Texas (Thomas Cipolla, 2021). (Download the arbitrator's decision.) LAPD Officers Lose Job To Pokemon Go, Lozano v. City of Los Angeles, 2022 WL 71705 (Cal. App. 2022). Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022). Effects Of Mandatory Psychological Exam Negotiable, City of Newton, 2021 WL 6140174 (Mass. App. 2021). ‘Firefighter’s Rule’ Bars Injured Officer’s Lawsuit, Topper v. Thomas, 2022 WL 38424 (Md. Spec. App. 2022).

 First Thursday, January 2022 | File Type: audio/mpeg | Duration: 51:22

Happy new year! This month's podcast covers: Mandatory vaccinations programs (again). * Courts and arbitrators continue to rule (69-0 by our last count) that there is nothing unconstitutional about employer vaccine mandates.* First interest arbitration decision about mandatory vaccine programs.* The law about whether or not an employee or labor organization can get injunctive relief while a challenge to vaccine mandate is going on.* What the Supreme Court will be ruling regarding two of the federal vaccine mandates later this week. Non-Vaccine Cases: * No Reasonable Expectation Of Privacy In iPhone Backups On Work Computer, Smith v. City of Pelham, 2021 WL 5863412 (11th Cir. 2021).* Deputy Sheriffs As Political Appointees, With No Job Rights, Burns v. Cole, 2021 WL 5549411 (8th Cir. 2021).

 First Thursday, December 2021 | File Type: audio/mpeg | Duration: 54:20

This month's podcast covers the most recent updates on vaccine mandates as well as the following cases: Due Process And The Brady Rule, Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 2021 WL 5182646 (Pa. Cmwlth. 2021) (see also Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)). Union Entitled To Materials In Member’s Disciplinary File, In re New York State Correctional Officers and Police Benevolent Association, 54 PERB ¶ 3025 (N.Y. PERB 2021) State v. Ward, 2021 WL 5001793 (Ga. App. 2021)

 First Thursday, November 2021 | File Type: audio/mpeg | Duration: 1:06:46

Are you tired of hearing about vaccination mandates yet? We hope not, because this podcast is all about the legality of mandatory vaccination policies (spoiler alert: they are legal). Will tackles some of the most common questions he's received or seen regarding employer vaccination mandates. They are listed below with a timestamp so you can navigate to a question that interests you most. Our Vaccination Mandate Litigation Table. Lastly, $5 in 1905 is the equivalent of $155.86 in today's dollars. Questions: Do mandatory vaccination policies violate one’s right to bodily integrity/privacy? (00:17:07) Does a mandatory vaccine program violate the equal protection clause? (00:33:24) Is there an equal protection claim because the impact of vaccination policies falls disproportionately on Blacks and Hispanics because they are unvaccinated at a greater rate? (00:35:47) What about a religious exemption? (00:37:38) Are there are provisions of international law, such as the Nuremburg Code, that make a mandatory vaccination program illegal? (00:45:56) Is forcing someone who disagrees with vaccination to be vaccinated by putting their job at risk a violation of free speech rights? (00:50:11) Can mandatory vaccination policies violate the contracts clause of the constitution? (00:53:12) Doesn’t the Food & Drug Administration have provisions on emergency use authorization of any medical product that say the FDA has to ensure individuals given the medical product know they are free not to take that product? (00:55:30) Does an employer have to bargain over a vaccine mandate? (00:57:01)

 Police Recruitment And Retention | File Type: audio/mpeg | Duration: 57:27

Will interviews Angie Salvato and Dr. Vidisha Barua Worley, Esquire on the current state of recruiting and retaining quality law enforcement officers. The interview covers: * The changes in general nature of prospective officers they've seen over time and why they think these changes have occurred. * How the changes have escalated post-George Floyd. * How students and applicants are reacting to the national narrative about policing post-George Floyd. * The influence of a college education has on policing. * Career aspirations students have when pursuing a law enforcement career. * Recruiting lateral hires. About our guests: Angie Salvato Angelina Salvato is a Police Officer with the Anchorage Police Department in Alaska and is currently assigned to the Background and Recruiting Unit. Angie has been in law enforcement for nearly 20 years including her time as a Probation Officer for the State of Alaska. While at APD, Angie has worked as a Swing Shift Patrol Officer, Academy Instructor and a Firearms Instructor. She is the current Vice President of the APDEA and is the President and co-founder of Anchorage Cops for Community, which is the non-profit arm of the APDEA. Angie is a passionate advocate for humanizing police officers and connecting them in a positive way to the communities they serve. Dr. Vidisha Barua Worley, Esquire Vidisha Barua Worley is an Associate Professor of Criminal Justice at Lamar University, Beaumont, Texas; former Contributing Editor with the Criminal Law Bulletin; former Executive Editor of the Buffalo Criminal Law Review, Founding Member of the Institute for Legal Studies in Criminal Justice, Sam Houston State University; and a licensed attorney in New York and India.

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