July 1, 2014
By Jim Cline
In a decision on a case that had presented significant financial and operational important to Public Employee Unions, the United States Supreme Court held this Monday in Harris v Quinn that the Illinois law, as applied to a special class of home health care workers, unconstitutionally imposed a “fair share” dues payment requirement.
Filed Under: Constitutional Rights, Legal Rights
June 24, 2014
By Oliver Enquist
In Ellis v. Houston, the Eighth Circuit Court of Appeals ruled, in part, in favor of five African-American Correctional Officers who brought claims against five of their Supervisors for race-based harassment and retaliation.
Filed Under: Discrimination, Race Discrimination
June 19, 2014
By Anthony Rice
In City of W. Carrollton, Ohio, the Arbitrator found the City terminated an officer for Just Cause, because he was filing 6 to 10 late reports a month. Noting previous suspensions for the same violation, the Arbitrator concluded the officer had received the progressive discipline he was due.
Filed Under: Arbitration Rulings
June 17, 2014
By Anthony Rice
In City of Sunrise, the Arbitrator concluded his hands were tied by a Last Chance Agreement (LCA) signed by a dispatcher, where the LCA was enforceable and the dispatcher violated its terms.
Filed Under: Arbitration Rulings
June 17, 2014
By Anthony Rice
In City of Springdale, the Arbitrator ruled that the City violated the CBA when it refused to grant an officer’s wage increase after she was out on maternity and injury leave, where the intent of the parties surrounding the CBA was to grant the wage increase on the anniversary of the officer's date of hire.
Filed Under: Arbitration Rulings
May 22, 2014
By Jim Cline
A case currently pending before the US Supreme Court may challenge the Court’s previous holdings that workplace speech that touches on a public employee’s “job duties falls outside the protection of the First Amendment. The Lane v. Franks involved an Alabama Community College employee who was terminated in retaliation for his subpoenaed testimony. The 11th Circuit Court of Appeals ruled that because his testimony was in furtherance of his actual job duties, it did not fall under the “job duties” exception to the First Amendment enunciated by the Supreme Court in 2006 in Garcetti v. Calleballos.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
May 16, 2014
By Anthony Rice
In City of Naperville v. Ill. Fraternal Order of Police, the Illinois Appellate Court held the issue of refusing to hire a police officer to operate a snowplow, while off duty, was not arbitrable because the parties’ CBA did not have an expressed provision stating otherwise.
Filed Under: Contract Interpretation
May 9, 2014
By Jordan Jones
In City of Farmington, the arbitrator found that a firefighter’s termination that included an allegation of failure to report his off duty DUI was without just cause because (1) the employer’s investigation was not conducted fairly and objectively, (2) the employer did not obtain substantial evidence that the employee was guilty, and (3) the discipline was not reasonably related to the incident.
Filed Under: Arbitration Rulings, Discipline
May 9, 2014
By Anthony Rice
In City of Memphis v. Lesley, the court held that failing to provide an officer with a statement of charges against her, violated her due process right where her probationary period was over, despite having been out of the academy for less than a year.
Filed Under: Discipline
May 2, 2014
By Jordan Jones
In City of Toledo, the arbitrator sustained an Ohio firefighter’s grievance for being denied use of 24 hours of compensatory time off, after reviewing the Collective Bargaining Agreement language.
