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Recent Posts:
- Transfer of Sergeant for Purely Organizational Reasons Upheld by Arbitrator When No Clear Exception to Management Transfer Rights is Stated in the CBA
- Recent Blog Articles of Note
- Flatulence is No Joke: EMT Demoted for Joke-Farting, Loses Discrimination and Retaliation Claims in Federal Court
- Social Security Administration Reprimands Flatulent Federal Worker: Uncontrolled Odiferous Emissions Deemed “Unbecoming a Federal Employee”
- In the Law and Humor: First (and Maybe Last) Cline Newsletter “All Flatulence Issue”
- Oregon Supreme Court Upholds ERB Ruling That Broad Management Rights Clause Does Not Waive Union’s Right to Bargain over Mandatory Subjects of Bargaining
- Female Officer Told That Her Husband Was Not “Taking Care of Her in Bed” Presents Valid Sexual Harassment Claim but Retaliatory Discharge Claim Dismissed
- Forced Retirement of Police Officer for Anxiety Disorder Improper
- One Obscenity Does Not Equal One Day Suspension for Police Officer
- Firefighter not Terminable for Subordinates Decision to Break Procedure, Causing Electrocution of Another Firefighter
- Termination Upheld for Deputy who Shared Internal Department Information with Relative Engaged in Bitter Custody Battle
- Former Police Chief’s Free Speech Retaliation Claims Survive Summary Judgment When Adverse Actions Occurred Immediately after Actions That Ruffled Some Feathers.
- Union Fails at Arguing the CBA Contains Words That Are Not There
- Female Firefighter’s Claims of Sex Discrimination and Retaliation Survive Summary Judgment
- Recent Blog Articles of Note
- 9th Circuit Finds Constitutional Property Interest in Arbitration Reinstatement Order
- EMT’s Suspension for Doing His Job Reduced Because Saving Lives is More Important than Adherence to Protocol
- Failure to Accommodate Detention Worker Claim Dismissed When Physical Limitation Disabled Worker from Performing Physical Restraint
- Court Finds School Liaison Officer Cannot Sustain Race Discrimination Lawsuit after Termination for Admitted Sexual Relationship with Former Student
- “No Harm, No Foul” is not a Defense for a Failure to Promote Claim When Corrective Action Took Place After the Lawsuit was Filed, Court Holds.
- The Video Doesn’t Lie: Officer’s False Reports Give Grounds for Termination
- Loose Lips Sink Ships and Support the Termination of Home-Wrecking, Adulterous Police Officer
- Further Drop in Unionization Rates in 2012
- White Female Police Officer’s Race and Gender Discrimination Claim Survives Summary Judgment When Black Mayor Wants to Hire “His People”
- Officer’s Termination Vacated Despite Evidence – Chief Failed to Follow Proper Discipline Procedure
- A More than One-Year Delay Makes Discipline Untimely and Improper Regardless of Just Cause
- Interference and Retaliation Claims Under FMLA Survive Based on Proximity between Officer Request for Leave and Termination
- Police Sergeant CBA “Rank Differential” Requires Inclusion of Patrol Officer Signing Bonus in Differential Calculation
- “Suggested” Five Minute Pre-Shift Briefing Might be Compensable, but is Definitely not De Minimis, New Mexico Federal Court Finds
- How Voluntary is a Resignation While Under Investigation? Georgia Federal Court Finds Investigator’s Threat, Pre-Written Resignation Letter Potentially Coercive
- Shift-Change Offer a Reasonable Accommodation for Churchgoer, even if Sunday Work is Required, Seventh Circuit Finds
- Implicit Reference to Racial Discrimination in Complaints Saves Trooper’s Retaliation Claim from Summary Judgment
- Rumor has it! New Jersey Officer’s Free Speech Claim Based on Rumors Dismissed for Lack of Evidence
- Commissioner’s “Conniving Ivan” Comment Not an ADA Violation, Connecticut Federal Court Finds
- Remove that Tattoo or Find Another Job! Third Circuit Reject’s Applicant’s Objections to State Police Pre-Hire Tattoo Review Policy
- A Case of Mistaken Disability: Officer’s Good Faith Belief Saves ADA Retaliation Claim
- NYC Not Liable for Title VII Sexual Harassment: Officer Unreasonably Failed to Report the Harassment for Over One Year Despite Available Procedure
- Officer Claiming “Anti-Union Animus” Was Terminated for Misconduct, Not Union Ties, Colorado District Court Finds
- Just Cause Termination for Poor Judgment Requires Clear Policies, Guidance
- Retaliation Claim Viable: Hispanic Deputy Sheriff’s Nationality Questioned Immediately After Filing a Workplace Complaint
- Arbitrator Overturns Officer’s Termination for Taking a Female Victim to his Home: “Extremely Poor Judgment” Mitigated by Other Factors
- Recent Blog Articles of Note
- Portland’s Calculated Attempt to Avoid Implementation of Arbitration Award Thwarted by Employment Relations Board
- You Don’t Get what You Don’t Ask For: Arbitrator Unable to Award Unrequested Relief in CBA Violation
- Concerned Employer may have Violated the ADA by Ordering Employee to Seek Counseling, Sixth Circuit Finds
- Eighth Circuit Rejects Officer’s First Amendment Claims Arising from Completed Police Report
- NY District Court Refuses to Flush Excessive Urine Test Complaint
- Turning the Tables on Discrimination: Reverse Discrimination Making Headlines in the Wake of Ricci v. DeStefano Decision
- Testing the Limits of the ADA on Prescription Drug Use: EEOC Reaches Significant Settlement on Workplace Testing for Prescription Drugs
- Ninth Circuit Breaks from Trend, Suggests Placement on Administrative Leave Could Constitute “Adverse Employment Action”
- Despite Managerial Prerogative Provision in City Charter, Colorado Appeals Court Finds Disciplinary System to be a Mandatory Subject of Bargaining
- Iowa Corrections Department Properly Terminated Apathetic Employee, Arbitrator Finds
- Arbitrator Rules Employer was Justified in Issuing a Letter of Reprimand and Suspending an Officer Who Failed to File a Use of Force Report
- Veteran Firefighter’s Termination for Marijuana Use Lacks Just Cause
- Bad Drivers Beware! Arbitrator Upholds Just Cause Termination for Officer Persisting in Bad Driving Habits
- Fourth Circuit Reiterates Denial of First Amendment Claims Involving Internal Grievance Procedure
- California District Court Denies Most of City’s Motion to Dismiss: City Failed to Follow Own Rules and Regulations
- Recent Blog Articles of Note
- Employer Transferring Several Police Officers to Different Assignments Does not Violate CBA
- Correctional Officer’s Claim of a Denial of Equal Protection Against a Supervisor Must be Dismissed Because the Supervisor’s Actions Did not Constitute Sexual Harassment as to Her
- A Federal Trial Court Declines to Dismiss a Claim for Additional Compensation for the Care of a Service Dog Beyond What a Collective Bargaining Agreement Provides
- EITHER TAKE OUR WELLNESS EXAMS OR “COUGH UP” THE CASH: 11TH Circuit Rules Employer Mandated Work Wellness Programs Fall Within “Safe Harbor” Provisions of (ADA)
- Arizona Federal Court Denies Attempt to Dismiss Firefighter’s First Amendment Retaliation Case
- Arbitrator Determines Employer Committed ULP by Disciplining Correctional Officer for Abusing Sick Leave
- Recent Blog Articles of Note
- Arizona Federal Court Judge Rules that Police Department Engaged in Sex Discrimination by Requiring Physical Fitness Test
- Arbitrator Rules that a Collective Bargaining Agreement does not Require an Employer to Pay for More than Eight Hours of Holiday Work
- A Facebook “Thumbs-Up” Could be a Thumbs Down for your First Amendment Rights
- Texas Appellate Court Finds that Houston Fire Department Discriminated Against Firefighter Based on Him Having Transient Amnesia Scene of Fire
- The U.S. Court of Appeals for the Second Circuit upholds Buffalo, New York’s Fire Department’s Use of an Examination to Determine Promotions
- The U.S. Court of Appeals for the Seventh Circuit Rules that Repeated Hostile References to a Woman Employee as a “Bitch” Support a Claim of Sexual Harassment
- The U.S. Court of Appeals for the 11th Circuit Affirms Summary Judgment Dismissal of Former Probationary Female Corrections Officer
- Alaska Supreme Court Recognizes Union Member Privilege
- Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation
