September 12, 2014
By Jordan Jones
In Fire Fighters Local 3564 v. City of Grants Pass, the Oregon court of appeals held that the city had to include vacation and sick leave time when calculating overtime wages for firefighters to comply with Oregon Revised Statutes (O.R.S.) 652.080.
Filed Under: FLSA
August 30, 2014
By Jordan Jones
In State of Florida, the Arbitrator held that there was not just cause to discharge a Corrections Supervisor (Supervisor) who unknowingly brought a firearm into her office, because of the unequal discipline she received compared to another Employee for a similar incident.
Filed Under: Discipline
August 28, 2014
By Anthony Rice
In Orange County, an Arbitrator ruled that the severity of a Fire Inspector’s sexually harassing conduct against subordinates for which he was terminated, outweighed any mitigating factors in his employment record.
Filed Under: Arbitration Rulings
August 11, 2014
By Anthony Rice
In Dep't of Homeland Security, Arbitrator John Hoose held that U.S. Customs and Border Protection violated double jeopardy when it punished an Agent twice for the same DUI offense.
Filed Under: Arbitration Rulings
August 7, 2014
By Oliver Enquist
In County of Tazewell, an Arbitrator held that a Tazewell County Classification Officer had no contractual right to remain in the Classification Officer position during her leave of absence, covered under the Family Medical Leave Act (FMLA).
Filed Under: Arbitration Rulings
August 4, 2014
By Jordan Jones
In Laborers Local 236 v. Walker, the Seventh Circuit denied the Union’s challenges that Wisconsin’s Act 10 (1), the controversial amendment to the Wisconsin collective bargaining law. The Union had alleged that the amendments infringed upon their First Amendment petition and association rights and (2) denies Union members the equal protection of the laws ensured by the Fourteenth Amendment.
Filed Under: Collective Bargaining Rights
August 1, 2014
By Jordan Jones
In County of Yuba, 133 LA 361 Arbitrator William Riker held that there was just cause to discharge a corrections Deputy Sheriff for his interactions with female inmates, which included inappropriate touching and searches.
Filed Under: Discipline
July 22, 2014
By Emily Nelson
Jeffrey Heffernan, a police officer in the City of Paterson, New Jersey, sued the City for retaliation after he was demoted from Detective to Patrol Officer for engaging in protected speech. Heffernan was demoted the day after other police officers observed him meeting with a Mayoral Candidate’s Campaign Manager to pick up a campaign lawn sign for his ill mother while he was off duty. However, in Heffernan v. City of Paterson, a Federal District Court dismissed Heffernan’s claims, finding that an employee cannot bring a first amendment retaliation claim based on an Employer’s mistaken perception that the Employee is engaging in political speech—there must be some evidence that the individual actually engaged in the speech for which they are retaliated against.
Filed Under: Constitutional Rights, Free Speech Rights
July 22, 2014
By Jordan Jones
In Village of Key Biscayne, the Arbitrator held that the Fire Department (“Department”) did not have “just cause” to discharge a Fire Captain (“Grievant”), despite his failure to respond to a call for assistance.
Filed Under: Arbitration Rulings, Discipline
July 21, 2014
By Emily Nelson
Anthony Rorrer, a firefighter for the City of Stow, Ohio, alleged the City violated the Americans with Disabilities Act (ADA) by firing him after he completely lost vision in one eye in a non-work related accident. In Rorrer v. City of Stow, a Federal Court of Appeals reversed a lower court’s grant of Summary Judgment to the City, allowing Rorrer’s ADA claims against the City to proceed.
