LRIS First Thursday Podcast

Will discusses a recently released study from the Police Executive Research Forum study on the recruitment and retention crisis. Staying on this topic, Will talks about an article from the Omaha World-Herald on the workforce shortages in public employment in the state of Nebraska. Cases covered this month: When Is Harassing Conduct ‘Severe’ Enough? Perry v. Slensby, 2019 WL 3409894 (S.D.N.Y. 2019) Sergeant’s $1.9 Million Verdict Reduced To $2,700, Holt v. Commonwealth of Pennsylvania, 2019 WL 3021798 (3rd Cir. 2019) Sheriff’s Department Can Provide Brady List To Prosecutor, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2019 WL 4009133...

The current presidential administration is undoubtedly conservative. This is reflected in the pro-management position its judicial appointments and the Department of Labor have taken on labor and employment issues. As a result, many municipalities, counties and states have passed laws and implemented rules more favorable to labor. Using the new Oregon family leave law as a starting point, Will and Jackson Lewis attorney April Upchurch Fredrickson discuss how employers navigate this alphabet soup of employment and labor laws and regulations. LISTEN

Update: The fallout from the Plain View Project. The Plain View Project is run by a Philadelphia attorney who seeks to reveal the identity of law enforcement officers in eight jurisdictions who post what the attorney deems as sexist, racist or other unsuitable messages on Facebook. Cases: Employer Must Provide Information Before, Not After, Loudermill Hearing, Town of Auburn, 2019 WL 3574289 (MA LRC ALJ 2019) Personality Traits Not Protected By ADA, Donley v. Village of Yorkville, 2019 WL 3817054 (N.D.N.Y. 2019) Trooper’s Garrity Rights Violated, State of Nebraska v. Kober, 2019 WL 3215942 (Neb. App. 2019) In Some Parts...

Will gives (yet another) warning about potential dangers posed by social media for public safety employees. He gives several recent examples of law enforcement, corrections and fire protection employees who have lost their jobs over controversial social media posts. Cases covered this month: ‘Exploding’ Offers Can Be Bad-Faith Bargaining, City of Arcadia (2019) PERB Decision No. 2648-M (Cal. PERB 2019). No Privacy Rights To Flash Drive Plugged Into Employer’s Computer, Edwards v. State of Florida, 2019 WL 2607376 (Fla. App. 2019). Not Against Public Policy To Reinstate Dishonest Corrections Officer, Monroe County Correctional Facility v. Teamsters Local 773, 2019 WL...

Will gives another, very necessary, warning about posting on supposedly private social media forums. He also discusses these cases: Deputy Cannot Sue Prosecutor For Wrongful Placement On Brady List, Harris v. Chelan County Sheriff’s Department, 2019 WL 1923924 (E.D. Wa. 2019). Seniority Prevails Over ADA For Day Off Selection, McIntyre v. Washington Metropolitan Area Transit Authority, 2019 WL 2120324 (D.D.C. 2019). The ADA And Light Duty Jobs, Garvey v. Sullivan, 2019 WL 2142530 (2nd Cir. 2019). Destruction Of Disciplinary Records Violates Public Policy, City of Chicago v. Fraternal Order of Police, Lodge 7, 2019 WL 2052887 (Ill. App. 2019). Iowa...

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...