LRIS First Thursday Podcast

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

Will covers a significant new Brady decision out of Vermont (Hubacz v. Village of Waterbury, 2018 WL 1660050 (Vt. 2018)) as well as the following cases: ‘Site Visits’ To Fire Stations Violate Duty To Bargain, Santa Rosa Firefighters v. City of Santa Rosa (Case citation coming soon) Firefighter’s Rule Lives On In Washington, Loiland v. State of Washington, 407 P.3d 377 (Wash. App. 2017) Officer Wins Bill Of Rights Battle, Loses The War, Ochoa v. County of Kern, 2018 WL 1755494 (Cal. App. 2018) DOWNLOAD

In this month’s podcast, Will discusses the following cases: The Requirements Of The Duty Of Fair Representation, City of Bridgeport, 2018 WL 1151187 (Ct. Dept. Lab. 2018). Hearsay Alone Cannot Justify Disciplinary Decision, In re Corbo, 2018 WL 1095480 (N.J. App. 2018). Court Upholds Arbitrator’s Opinion Imposing ‘Reasonable Doubt’ Burden Of Proof, East Dundee and Countryside FPD v. IAFF, Local 4684, 2017 WL 7510741 (Ill. App. 2017). ‘Principle Purpose’ Of Body Cameras Not Safety, Denver Police Protective Association v. City and County of Denver, 2018 WL 1007795 (Colo. App. 2018). Fire Department’s Email Policies Violate First Amendment, Sprague v. Spokane...

Will interviews Oklahoma attorney Scott Wood. Mr. Wood represented Tulsa police officer Betty Shelby when she was charged with two counts of manslaughter after her shooting of an unarmed civilian drew national media attention. The details of the incident are covered as well as the far-reaching implications of this case for officers involved in critical incidents and the attorneys who represent them. LISTEN

Will talks about developments with the Cadillac Tax on high-cost health insurance plans and other ways congressional action is affecting public safety labor issues. He also addresses a question about whether mandatory homework during training is compensable under the FLSA, and discusses the following cases: Court Finds Fitness-For-Duty Evaluations Violate The ADA, Port Authority Police Benevolent Association, Inc. v. Port Authority of New York and New Jersey, 2017 WL 4838320 (S.D.N.Y. 2017). Constitutional Protection For Officer’s Affair, Perez v. City of Roseville, 2018 WL 797453 (9th Cir. 2018). The Consequences Of Failing To Carefully Read A Proposal, New England PBA...

This month’s cases include: Officer Cell Phone Search Case Heading To Trial, Port Authority PBA v. Port Authority of New York and New Jersey, 2017 WL 4403310 (S.D.N.Y. 2017). Fire Captain Loses Beach Volleyball Case, DeCohen v. County of Los Angeles, 2018 WL 316864 (Cal. App. 2018). Change In Insurance Carrier Not Negotiable Without Substantial Changes In Benefits, City of Hartford and Hartford Police Union, 2017 WL 6813591 (CT.Dept.Lab. 2017). Failure To Analyze Evidence Causes County To Lose Termination Case, Dennington v. County of Riverside, 2018 WL 458118 (Cal. App. 2018). Arbitration Decision Binding In Later Discrimination Lawsuit, Billings v....

The effects of the Tax Cut and Reform Bill. Minimum Staffing For Police Not Negotiable In Illinois, Village of Maywood, 34 PERI ¶ 77 (Ill. LRB Gen. Counsel 2017). Taser Exposure Not Essential To Job Of Detective, Lewis v. City of Union City, 2017 WL 6397619 (11th Cir. 2017). ‘Ominous Context’ Of Interview Triggers Weingarten Rights, New York State Correctional Officers, 50 PERB ¶3037 (NY PERB 2017). Michigan’s Enhanced Garrity Statute Results In Suppression Of Statement, People v. Ziecina, 2017 WL 4798692 (Mich. App. 2017). (DISCLOSURES BY LAW ENFORCEMENT OFFICERS ACT: http://www.legislature.mi.gov/(S(qv0j0m55guczke45xaz2f02l))/documents/mcl/pdf/mcl-Act-563-of-2006.pdf”) LISTEN

This month’s First Thursday podcast is a week late because the podcast producer dropped the ball (sorry). We’re offering a prize to the first listener who can identify the classic television show theme music Will uses as his ring tone. This month’s podcast includes: What the new tax bill means for public safety agencies and labor organizations. Employer Must Negotiate With Union Before Recouping Overpayments, Teamsters Local 839 v. Benton County, 2017 WL 5558495 (Wash. PERC 2017) Chicago PD Ordered To Bargain Over Disciplinary Matrix, Fraternal Order of Police, Lodge 7, Case No. L-CA-17-034 (Ill. LRB ALJ 2017) ‘Not Every...

Will interviews Bureau of Labor Statistics economist Steve Reed on recent revisions to the Consumer Price Index local and regional indices and their possible impacts on collective bargaining agreements. LISTEN

Will talks about the rising police wages in several large California cities and the following cases: Threats Made By Family Of Suspect Shot By Officer Do Not Amount To ‘Extraordinary Stress,’ Burt-Redding v. Town of Grand Chute, 2017 WL 3037553 (Wis. App. 2017) Lieutenant’s Speech, Not Membership In Group, Costs Him Job, Doggrell v. City of Anniston, 2017 WL 4340449 (N.D. Ala. 2017) Employer Must Bargain Before Changing Past Practice Of Reimbursing For Medicare B Premiums, Albany Police Officers Union v. New York Public Employment Relations Board, 2017 WL 3977628 (N.Y. A.D. 2017) LISTEN

Will interviews Kelley School of Business Professor Cristiano Guarana about his research on effects of sleep deprivation in the work environment and its implications on public safety employees. LISTEN