December 4, 2013
By Mitchel Wilson
In Mercer v. Cook County, the Seventh Circuit Court of Appeals, (in an unpublished opinion) upheld the trial court’s decision to dismiss Corrections Sergeant Pamela Mercer’s claims of Gender Discrimination and Hostile Work Environment. It agreed with the lower court because Mercer could not show the conduct directed at her was because of gender and her transfer was not an adverse employer action and the incidents cited were not severe/pervasive enough to alter the Officer’s working conditions.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
November 27, 2013
By Jim Cline
For 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.
Filed Under: Collective Bargaining Rights
November 26, 2013
By Anthony Rice
In 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.
Filed Under: FLSA
November 26, 2013
By Mitchel Wilson
In 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.
Filed Under: Contract Interpretation
November 26, 2013
By Mitchel Wilson
In 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.
Filed Under: Contract Interpretation
November 26, 2013
By Mitchel Wilson
In 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.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
November 26, 2013
By Anthony Rice
In 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.”
Filed Under: Arbitration Rulings, Discipline
November 25, 2013
A Whiteout in Dallas Leads to a Police Lieutenant Unsuccessful Discrimination Claim against the City
By Anthony Rice
In 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.
Filed Under: Discrimination, Legal Rights, Race Discrimination
November 21, 2013
By Mitchel Wilson
In 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).
Filed Under: Arbitration Rulings, Discipline
November 21, 2013
Secretly Recorded Conversation with the Sheriff Helps Texas Corrections Captain in Fight to Keep Job
By Anthony Rice
In 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.
