Archives for October 2013

October 14, 2013 By

Social Network Regulation, Part II: Developing a Constitutional and Sound Policy that Recognizes Legitimate Department Interests

By Jim Cline

Social MediaIn Part One of this two-part series, we identified the growing problems associated with the Internet and its connected social media. Chiefly, we identified the problem associated with the new opportunities presented to public safety employees to be “stupid” in what they say or do on a much grander and more public scale. As we discussed, previous discipline cases addressed how to discipline officers and firefighters for misplaced communications to a narrow audience, such as the gathering of coworkers off-duty at the neighborhood bar. Now the Internet allows employees to event to the world. [Read more…]

Filed Under: Collective Bargaining Rights, Legal Rights
October 11, 2013 By

Number of Patrol Deputies Allowed on Vacation Comes Down to the Definition of “Watch”

By Mitchel Wilson

VacationIn DuPage County Sherriff, 13 LA 1131 (Wolff 2013), the arbitrator sustained the Union’s grievance based on the assertion that the County was preventing deputies from taking vacation in violation of the CBA terms. 

[Read more…]

Filed Under: Contract Interpretation
October 11, 2013 By

Social Network Regulation, Part I: The Competing Interest of Departments and the Constitutional Rights of Their Employees

By Jim Cline

3d Man ComputerAs we all know, “social media” are becoming prevalent. The ubiquity of the Internet and the rapid expansion of other social media such as Twitter and social media pages such as Facebook, create opportunities for communication of astonishing proportions. With that ability to communicate on a larger stage comes one very directly associated problem — the ability to say something incredibly stupid to a much greater number of people on that “larger stage.” Or as one law enforcement blogger described the problem — police agencies now need to develop policies to address the problems associated with “when stupid strikes.”

[Read more…]

Filed Under: Constitutional Rights, Legal Rights
October 10, 2013 By

White Police Officer’s Title VII Race Discrimination Claim Fails when He is denied Promotion after City of Buffalo Implemented New Aptitude Test Designed to Eliminate Racial Bias

By David Worley

DismissedIn Maraschiello v. City of Buffalo Police Dep’t, 117 FEP Cases 665 (2d Cir. 2013), the Federal Second Circuit Court of Appeals agreed that summary judgment was proper when a white Buffalo Police captain was denied a promotion after he refused to take the new aptitude test, which he claimed was implemented to give an unfair advantage to minorities.  The court found that because the employer instituted the new aptitude test in a racially neutral manner, and the new test was designed to eliminate previous racial bias, the new test could not be considered to have an adverse racial impact. [Read more…]

Filed Under: Discrimination, Legal Rights, Race Discrimination
October 10, 2013 By

Sleeping Corrections Officer Wrongfully discharged with Sleepiness was Caused Diabetes and Denial of Meal Breaks

By David Worley

Break ClockIn Lee v. District of Columbia, 27 AD Cases 895 (D.D.C. 2013),  a District of Columbia Federal District Court found that a diabetic corrections worker had valid claim under the ADA when he was fired for falling asleep on the job, but had been denied a regular meal break and therefore could not manage the symptoms of the disease.  These symptoms included dizziness, fainting or sudden fatigue resulting in falling asleep.  The court found that because an employer accommodation was necessary for Lee to be able to perform the essential functions of the job, he was in fact disabled in the meaning of the ADA.  [Read more…]

Filed Under: Disability Discrimination, Discrimination, Legal Rights
October 10, 2013 By

Federal Court Rejects Disability Discrimination Claim of Correction Officer recovering from Cancer

By David Worlyey

SickIn Moore v. Maryland Dep’t of Public Safety & Correctional Services, 27 AD Cases 849 (D. Md. 2013), a Maryland Federal District Court found no claim could be made under the ADA when Arlene Moore, a corrections officer recovering from breast cancer, was terminated following an extended period of sick leave and there was no indication that she would be able to return to work.  The Officer had 8 months of leave and her doctor indicated that she either “would” or “might” be able to return after an additional 7 months of leave. The court concluded that this prolonged leave especially in the absence of a certain return date was not a reasonable accommodation.

[Read more…]

Filed Under: Disability Discrimination, Discrimination
October 10, 2013 By

Detective’s Retaliation Claims under ADA and FMLA Fail despite Co-Worker Harassment

David Worley

DominanceIn Benavides v. Oklahoma City, 20 WH Cases 2d 331 (10th Cir. 2013), the Court upheld summary judgment on ADA and FMLA claims by a former detective when there was no retaliatory action, the employer suitably responded to alleged harassment, the paid administrative leave was standard for an employee being investigated for a crime, the paid leave did not adversely affect the plaintiff, and there was no showing that the City’s reason was pretextual.  The court had little trouble in affirming the lower court’s granting of summary judgment as the plaintiff had utterly failed in indicating any violation of either the ADA or FMLA had occurred. 

[Read more…]

Filed Under: Disability Discrimination, Discrimination, Legal Rights
October 9, 2013 By

When the CBA specifies who will be Promoted, Management may elect to Leave Position Vacant, Arbitrator holds

By David Worley

PromotionIn City of Chicago, 131 LA 902 (Goldstein, 2013), the arbitrator found no violation of the CBA occurred when the Chicago Police department did not elevate a Captain to position of Commander when the current Commander was temporarily absent even though the CBA specified that an available Captain (the grievant), would be elevated to that position when it became vacant.  The arbitrator found a valid exercise of management rights when the City decided it was unnecessary to fill the vacant Commander position when the vacancy was for such a short period.  Although during the vacancy, officers were instructed to look to a Commander at a neighboring district for “any questions or concerns”, the arbitrator found this did not constitute actually filling the vacancy.

[Read more…]

Filed Under: Contract Interpretation
October 9, 2013 By

Private Duty Work of Police Officer, even when Assigned by Department, does not count toward Overtime, Arbitrator Holds

By David Worley

No OvertimeIn Town of Canton, 131 LA 876 (Gnocchi 2013), the arbitrator found that because the overtime provisions of the CBA did not reference “Private Duty” work, and there was a separate provision detailing the compensation for private duty work, the grievant was not entitled to the overtime rate of pay for that private duty work.  The arbitrator found the lack of applicable language in the overtime provision determinative, and considered private duty work, although assigned by the department and done in uniform, to be essentially work performed for a third party. [Read more…]

Filed Under: Contract Interpretation
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