LRIS First Thursday Podcast

Will discusses the Supreme Court’s decision to hear a fair share case, what the ruling will likely be and how it will effect public safety employee unions. He also covers the Bureau of Labor Statistics new geographic area sample for the Consumer Price Index (CPI) and what it means when negotiating a new contract. (See https://www.bls.gov/opub/mlr/2016/article/the-2018-revision-of-the-CPI-geographic-sample.htm and https://www.bls.gov/cpi/geographic-revision-2018.htm.) The following cases are also covered: Arbitrator Criticizes City’s Reliance On Lexipol ‘Employee Speech’ Policy, Chiappardi v. City of Austin (Chuck Miller, 2017) (Download decision here: https://lris.com/wp-content/uploads/2017/10/Lexipol.pdf.) Emergency Manager Can Alter Retiree Medical Benefits, Serafino v. City of Hamtramck, 2017 WL 3833206...

In this month’s podcast, Will discusses the the potential impact of the nominee to head Department of Labor’s Wage and Hour Division. He also talks about public perception of police misconduct and the role law enforcement organizations must play in the conversation. This month’s cases are: Highway Patrol’s Overbroad Policies Violate Free Speech Rights, Moonin v. Tice, 2017 WL 3598083 (9th Cir. 2017) Change In Firearm ‘Loaner’ Police Negotiable, IUPA v. Sheriff of Broward County, 44 FPER ¶ 17 (Fla. PERC 2017) Violation Of Union’s Bylaws Does Not Amount To ULP, Magnum v. Fraternal Order of Police, Lodge #129, 44...

Will interviews management attorney Jon Dileno, who represented the City of Cleveland in an arbitration hearing dealing with a deadly police chase that involved dozens of Cleveland police officers. Will and Jon discuss the details of this case, how the arbitrator reached his decision and what the impact has been. LISTEN Arbitrator’s Award

This month cases: Brady And The Privacy Of Personnel Records, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2017 WL 2962901 (Cal. App. 2017) Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made, Morgado v. City and County of San Francisco, 2017 WL 2791413 (Cal. App. 2017) No Expectation Of Privacy During Raid Of Marijuana Dispensary, Santa Ana Police Officers Association v. City of Santa Ana, 2017 WL 2879796 (Cal. App. 2017) No Due Process Requirement For Reprimands, Upchurch v. City of Orange Township, 2017 WL 2536361 (N.J. App. 2017) Arbitrator’s ‘Chokehold’ Opinion Upheld, City of Boston...

Will interviews attorney Robert Buschel about his case dealing with a Florida civilian review board’s authority to subpoena police officers. The case is D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017). Mr. Buschel is also the author of the novel By Silent Majority. LISTEN

In this month’s podcast: Deputies Terminated For ‘Spouse-Swapping,’ Coker v. Whittington, 2017 WL 2240300 (5th Cir. 2017) ‘Last Chance’ Agreements Under Civil Service Rules, Whitwer v. Civil Service Commission, 2017 WL 2491646 (Iowa 2017) Florida Civilian Review Board Lacks Authority To Subpoena Officers, D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017) Longevity/Performance Pay Need Not Be Included In California Retirement Calculations, DiCarlo v. County of Monterey, 2017 WL 2265098 (Cal. App. 2017) LISTEN

In this month’s podcast: What Impact Will The AHCA Have On Public Safety Bargaining? Firefighters, Staffing, And Bargaining, City of Everett, 2017 WL 1423520 (Wash. PERC 2017) Divided Kansas Court Extends ‘Firefighter’s Rule’ To Police, Apodaca v. Willmore, 392 P.3d 529 (Kan. 2017) No First Amendment Protection For Safety Complaint Made Through Chain Of Command, Santiago v. New York & New Jersey Port Authority, 2017 WL 1437196 (3rd Cir. 2017) LISTEN

Will discusses the recent passage in the House of Representative of a bill legalizing comp time in the private sector. He also covers the following cases: The Fact Witness Cannot Also Conduct Internal Affairs Investigation, City of Oakland, 137 LA 82 (Riggs 2016) Firefighter Shift Staffing Levels Negotiable, City of Allentown v. IAFF, Local 302, 2017 WL 1151104 (Penn. 2017) Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’, City of Montgomery, BMS 16-PA-0828 (Charlotte Neigh 2017) LISTEN

This month’s cases: Curious Court Decision Overturning Arbitrator’s Opinion, Forest Preserve District of Cook County v. Illinois Fraternal Order of Police Labor Council, 33 PERI ¶ 91 (lll. App. 2017); Use Of Private Cell Phone Can Create Public Record, City of San Jose v. Superior Court, 2017 WL 818506 (Cal. 2017); Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017); Miami Not Allowed To Unilaterally Change Police Contract Without Bargaining, Headley v. City of Miami, 2017 WL 819740 (Fla. 2017); Sheriff’s Hugging Can Be Sexual Harassment, Zetwick v....

Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017). ‘Last-Chance’ Agreement Means What It Says, Village of Fox Lake, FMCS 16-00391-1 (Jay Grenig 2016). Transfer Of Ambulance Services To Contractor Is Negotiable, Lockport Professional Firefighters, 49 PERB ¶ 4578 (NY PERB ALJ 2016). LISTEN

The cases covered in this month’s podcast are: Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017) Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016) Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016) LISTEN

Will interviews Alex Seitz-Wald of NBC News about his report How Firefighters Help Explain the Outcome of 2016 Election. LISTEN

In our first podcast of 2017, Will discusses a question received on our website about whether there are exceptions to management’s adherence to past practice when imposing discipline. He also cover the following cases: Denver Body-Cam Policy Negotiable, Denver Police Protective Association v. City of Denver, No. 15CV33862 (Colo. Dist. Ct. 2016) Grand Juries And Garrity, In re: Misc. 4281, 2016 WL 7031019 (Md. Spec. App. 2016) Court Overturns Termination Of Deputy Who Tested Positive For Steroid Metabolites, Orosco v. County of Los Angeles, 2016 WL 6996189 (Cal. App. 2016) Listen

In our final podcast of 2016, Will reveals the five biggest mistakes employers make during internal affairs investigations and covers the following cases: Officer Has Privacy Rights In Personal Cellphone, Larios v. Lunardi, 2016 WL 6679874 (E.D. Cal. 2016) ‘Absolute Prosecutorial Immunity’ Of DA Shields Even Political Retaliation Against Sergeant, Barnett v. Marquis, 2016 WL 6536621 (9th Cir. 2016) Employer Required To Provide Investigative Report To Fire Union, IAFF, Local 55 v. Alameda County Fire Department, 41 PERC ¶ 69 (Cal. PERB ALJ 2016) Listen

Included in this month’s podcast: Will Aitchison gives ten tips for employees facing a disciplinary interview Pre-Employment Health History Forms Violate GINA, ADA, EEOC v. Grisham Farm Products, Inc., 2016 WL 3221161 (W.D. Mo. 2016) Jacksonville Firefighter Hiring Consent Decree Allowed To Expire, Coffey v. Braddy, 2016 WL 4435614 (11th Cir. 2016) Transsexual Officer Win Discrimination Lawsuit, Roberts v. Clark County School District, 2016 WL 5843046 (D. Nev. 2016) Court Upholds Constitutionality Of Union Leave Provisions, Cheatham v. City of Phoenix, 2016 WL 4756799 (Ariz. 2016) Listen