Archives for November 2013

November 27, 2013 By

A Short, Readable History of Public Sector Collective Bargaining Published

By Jim Cline

FContract glassor those of our readers who would like a deeper understanding of the context and background of collective-bargaining rights, especially those public sector and public-safety employees, Toledo Law Professor Joseph Slater has published a very readable and condensed history of United States public-sector collective bargaining law. While Slater’s article is entitled “The Strangely Unsettled State of Public-Sector Labor in the past 30 Years,” he actually takes events back, nearly 100 years ago to the Boston Police Strike of 1919.  His focus on the 30-years, marks the departure point for which he believes public-sector collective-bargaining rights issues became more partisan and less stable.

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Filed Under: Collective Bargaining Rights
November 26, 2013 By

“Safety Rule” Exceptions to the FLSA Overtime Exemption Leaves Over Fifty Montgomery Firefighters High and Dry

By Anthony Rice

ExemptIn Watkins v. City of Montgomery, fifty-four Fire Suppression Lieutenants failed to convince a federal district court that they were not exempt from the overtime requirements under the FLSA under the City of Montgomery’s claimed “executive” exemption.

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Filed Under: FLSA
November 26, 2013 By

Standby or On-Call? Union Successfully Grieves Baltimore County Failure to Pay Deputies despite 12-Year Past Practice of Nonpayment

By Mitchel Wilson

Time is MoneyIn Baltimore County, Arbitrator Richard Trotter granted the Union’s grievance for lost compensation for Deputy Sheriffs who are subject to being called into work while they are off duty.  

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Filed Under: Contract Interpretation
November 26, 2013 By

Arbitrator Holds Anchorage May Not Unilaterally Change Non-Sworn PD Employees’ Alternative Work Schedule after 10 Years

By Mitchel Wilson

Schedule ChangeIn Municipality of Anchorage, Arbitrator Robert Landau concluded that because the City of Anchorage changed the Police Support work schedule, it had improperly changed a working condition in violation of the CBA.

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Filed Under: Contract Interpretation
November 26, 2013 By

Deceptive Illinois County Sheriff Seeking to “Give the Boys a Chance” to be K-9 Officers Uses Toy-Coyote-Decoy to Unsuccessfully Disguise Gender Discrimination

By Mitchel Wilson

Men Only SignIn Aldridge v. Lake Cnty. Sheriff’s Office, an Illinois federal trial court dismissed the Lake County’s motion for summary judgment and permitted a female deputy’s gender discrimination claims to go to trial.   The Court concluded, the various evidence including the statements that the Sheriff “wanted to give the boys a chance” at the K-9 assignment, was enough to demonstrate a viable discrimination claim.

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Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
November 26, 2013 By

Arbitrator Refuses to Rescind a Voluntary Resignation after Finding the Employee Called in Sick to Work another Job

By Anthony Rice

Out SickIn City of Lorain, the arbitrator found the Ohio City had just cause for the termination of an EMT based on his voluntarily resignation to avoid prosecution of “office theft.”  

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Filed Under: Arbitration Rulings, Discipline
November 25, 2013 By

A Whiteout in Dallas Leads to a Police Lieutenant Unsuccessful Discrimination Claim against the City

By Anthony R

BlizzardIn Waters v. City of Dallas, the Fifth Ciruit Court of Appeals affirmed a lower court ruling dismissing a Dallas Police Lieutenant’s racial discrimination claim.

Marlon Waters, an African-American male, was employed as a lieutenant by the Dallas Police Department (DPD). Waters’ discrimination claim resulted from circumstances surrounding the 2010 NBA All-Star Game. Over the course of the NBA All-Star event, a snow storm hit Dallas. Waters, one of the designated watch commanders for the event, reacted by allowing his subordinates to report to work early. However, because of budgetary constraints, DPD commanders (Watson included) were ordered to minimize overtime expenditures.

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Filed Under: Discrimination, Legal Rights, Race Discrimination
November 21, 2013 By

Illinois Police Officer Temporarily Dodges Bullet of Summary Judgment on ADEA Retaliation Claim – Court Provides Chance to Find Present More Evidence of Materiality and Causation

By Mitchel Wilson

3D person with a sand clockIn Bell v. City of Harvey, the district court suspended the City’s motion for summary judgment and granted Police Sergeant Andrew Bell more time to present evidence to substantiate his claims of five instances of retaliation for filing an age discrimination claim under the Age Discrimination in Employment Act (ADEA).

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Filed Under: Arbitration Rulings, Discipline
November 21, 2013 By

Secretly Recorded Conversation with the Sheriff Helps Texas Corrections Captain in Fight to Keep Job

By Anthony Rice

Secret RecordingIn Haverda v. Hays County, an the Federal Fifth Circuit Court of Appeals found Texas Corrections Captain Haverda introduced enough evidence that could lead a reasonable juror to conclude Haverda’s demotion was motivated by his speech.  It rejected a lower court ruling that had dismissed Haverda’s claim and sent it back for trial.

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Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 15, 2013 By

Fifth Circuit Holds that Problem Dallas County Juvenile Officer Not Protected from Termination

By David Worley

TerminationIn Stokes v. Dallas County Juvenile Dep’t, 20, WH Cases 2d 327 (5th Cir. 2013) the Fifth Circuit Federal Court  of Appeals upheld summary judgment on retaliation claims under both Title VII and the FMLA when the plaintiff could indicate no connection between her termination and the activities protected by both those statutes. Further the employer provided substantial evidence supporting the termination of the plaintiff, including numerous instances of poor performance that resulted in discipline. Although the plaintiff could make a prima facie case regarding the FMLA claim (but not the Title VII claim), the court nevertheless found summary judgement was proper when no reasonable person could find that discrimination had occurred.  [Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
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