LRIS First Thursday Podcast

* Tracking vaccine mandate litigation (Table)* Police union website archive at Cornell Universityhttps://news.cornell.edu/stories/2021/09/police-union-websites-preserved-library-archive* Cases:* Apportioning Damages In DFR Cases, POAM v. Hatfield, 2021 WL 3907865 (Mich. App. 2021).* No Duty Of Fair Representation Where Union Not Exclusive Rep, Brinson v. Florida PBA, 48 FPER ¶ 19 (Fla. PERC Gen. Counsel 2021).* Who Chooses The Reasonable Accommodation Under The ADA? LeBlanc v. McDonough, 2021 WL 3116107 (D. Minn. 2021).

Will interviewed Chicago Pasquale “Pat” Fioretto regarding an important arbitration decision between the City of Chicago and the Chicago FOP Lodge 7. Pat represented the FOP in this case, which dealt with the issues: * What constitutes a past practice? * How do you prove a past practice? * How do you come up with a make whole remedy when the employer has violated a long-standing past practice? * Does a civilian oversight board have to follow the rules of the collective bargaining agreement?

More on mandatory vaccination programs * Jacobson v. Massachusetts* Bridges v. Houston Methodist* Klaasen v. Trustees of Indiana University* (7th Circuit opinion)* From the EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws* Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020).* Do unions’ have the right to bargain over the effects of mandatory vaccination programs?* Are non-exempt employees who refuse vaccination eligible for unemployment benefits? Cases * Houston Firefighters Win Pay Parity Appeal, Houston Professional Fire Fighters v. City of Houston, NO. 14-19-00427-CV (Tex. App. 2021)* Judge Allows Conspiracy Lawsuit To Proceed Against Minneapolis Union President, Goyette v. City of Minneapolis, 2021 WL 3222495 (D. Minn. 2021).

Will starts off this month's podcast with things employers and unions need to know about mandatory Covid vaccine programs. * The EEOC's FAQ page.* Employer Covid Vaccination And Testing Program Guidelines* Jacobson v. Massachusetts, 197 U.S. 11 (1905)* Bridges v. Houston Methodist Hospital, Case No. 21-CV-01774 (S.D. Tex. 2021) This Month's Cases * Firefighters Lose ADA Lawsuit Over Beards, Bey v. City of New York, 2021 WL 2345249 (2nd Cir. 2021)* Arbitrator Finds Implicitly Bars Subcontracting, Grand Rapids Police Officers Association, GRPOA GR. #: 5-19 (Dobry 2021)* Involvement Of Decisionmaker In Appeal Violates Due Process, Briley v. City of West Covina, 2021 WL 2708945 (Cal. App. 2021)

Will Aitchison interviews Sergeant Will Milam, president of FOP Lodge 112 in Prince George’s County, Maryland and vice president of the Maryland State FOP Lodge. The two discuss what happened in Maryland that brought about the repeal of the country’s first state police officers bill of rights and what procedural job protections are currently in place for law enforcement officers in Maryland. Will Milam also gives advice to law enforcement unions facing police reform legislation.

The Last News * Recruitment and retention crisis* Mandatory COVID vaccination (San Francisco)* Oregon Senate Bill 204 on police reform Cases: * Federal Court Allows Mandatory Vaccinations, Bridges v. Houston Methodist Hospital, Civil Action 21-1774 (S.D. Tex. 2021).* Shifts, Seniority, And Religious Accommodations, In re Bloomfield, 2021 WL 2182984 (N.J. App. 2021).* See Balint v. Cason City, Nevada https://caselaw.findlaw.com/us-9th-circuit/1414071.html* Officer’s Brady Due Process Lawsuit Against Prosecutor Fails, Roe v. Lynch, 2021 WL 1903675(1st Cir. 2021).* See Jonathan Duchesne & a. v. Hillsborough County Attorney https://caselaw.findlaw.com/nh-supreme-court/1705682.html* Costs Are Legitimate Reason Not To Arbitrate Grievance, Sussex County Sheriff’s Office, 47 NJPER ¶ 123 (NJ PERC 2021).

Cases covered this month: * Chicago Commits Bodycam-Related Unfair Labor Practices, Fraternal Order of Police, Lodge #7 and City of Chicago, Case No. L-CA-20-024 (Ill. LRB ALJ 2021).* Civil Service Referee Upholds Firefighter’s CBD-Based Termination, City of Cleveland (Colon), December 23, 2020.* Link to CBD notice from Department of Transportation: https://www.transportation.gov/odapc/cbd-notice* Fire Department’s Tattoo Policy Upheld, City of Brockton (Matchem), Case No. G1-19-234 (Mass. CSC 2021).* Weingarten And Supervisory-Subordinate Conversations, Waukesha Deputy Sheriffs Labor Union v. Waukesha County, 2021 WL 1837223 (WI.Emp.Rel.Com. ALJ 2021).* When Does A ULP Charge Block An Election? Coutre v. Village of Crestwood, 37 PERI ¶ 92 (Ill. LRB 2021).

In this month’s podcast, Will cover public safety legislation from around the country. * Maryland: Eliminates the police officers’ bill of rights, use of force reform, county police accountability boards.* San Antonio: Establishes collective bargaining for police officers.* Austin: Voters approve binding arbitration for firefighters replacing the meet-and-confer system. Cases: Court Changes ‘Public Policy’ Doctrine To Overturn Arbitrator’s Opinion, City of Seattle v. Seattle Police Officer’s Guild, 2021 WL 1247946 (Wa. App. 2021). Firefighter Loses Gradual Hearing Loss Claim, Hartman v. St. Bernard Parish Fire Department, 2021 WL 1115358 (La. 2021). Florida Statute Shields Officers’ Names From Disclosure After OIS, Florida PBA v. City of Tallahassee, 2021 WL 1257869 (Fla. App. 2021).

Facts vs Perception On Race In Policing * USA Today Article* CUPES Study The Cases: * Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021).* City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021).* Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021).* Chief’s Questions About And Statements During Union Meetings Amount To Illegal ‘Direct Dealing,’ City of Paterson, 47 NJPER ¶ 70 (NJ PERC 2021).

Upcoming LRIS webinars, premium podcasts and seminars. The cases: * Firefighters, Families Lose Lawsuit Over Fatal House Fire, Speakman v. Williams, 2021 WL 49947 (3rd Cir. 2021).* Challenges In Illinois To The ‘Public Policy’ Doctrine, City of Chicago v. Chicago Fire Fighters Union, Local No. 2, Case No. 2019 CH 12662 (Cir. Ct. 2020); City of Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of Country Club Hills v. Charles, No. 18 CH 13458 (Ill. App. 2020).* SWAT Sniper Entitled To Jury Trial In Facebook Case, Moser v. Las Vegas Metro. Police Dept., 2021 WL 98249 (9th Cir. 2021).

Will talks about the January 6 riot at the Capitol and the following cases: * Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021)* Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6th Cir. 2020).* No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)

In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular? This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at info@lris.com.

What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question. Cases covered this month: * Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020).* The High Standard For PTSD Claims In Some States, Angle v. City of Huntington, 2020 WL 7315008 (W.V. 2020).* Officer Required To Sit In Dark Building Loses Retaliation Case, Fiocca v. City of Philadelphia, 2020 WL 7397794 (E.D. Penn. 2020).* When Must Federal Claims Be Arbitrated? Brooks v. City of Pekin, 2020 WL 7390328 (C.D. Ill. 2020).

It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases: * Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020).* Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7th Cir. 2020).* Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill. 2020).* Pregnancy And Light Duty Work, Legg v. Watson, 2020 WL 6325850 (2nd Cir. 2020).

Will interviews Dr. Lilly about the prevalence of PTSD among first responders with a specific focus on dispatchers. Mental Health Training and Intervention: A Critical Component of Police Reform