July 29, 2013
By David Worley
In a brief and straightforward decision in City of Benicia, 131 LA 1099 (Gentile, 2013), the arbitrator denied a higher rate of “educational incentive” pay to a California police officer when that rate awarded to police officers who were employed prior to a certain date, and the grievant was employed by the city prior to that date, but not as a police officer.
Filed Under: Contract Interpretation
July 29, 2013
By David Worley
In Bowman v. St. Luke's Quakertown Hospital, 27 AD Cases 786 (E.D. Pa. 2012), the District Court dismissed an EMT’s failure to accommodate claims under the ADA, but denied the motion to dismiss his FMLA claims when he had been fired for taking too much time off, following a transient ischemic attack which made him unable to work as an EMT. To survive the motion to dismiss, the plaintiff only needed to allege sufficient facts, when viewed in a light most favorable to the plaintiff, to indicate he had been deprived of his FMLA rights. His complaint met this low standard.
Filed Under: Legal Rights
June 12, 2013
By Jim Cline
We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look.
Filed Under: Legal Rights
June 10, 2013
By Kate Acheson
The Colorado District Court refused to dismiss Hispanic Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed.
Filed Under: Discrimination, Race Discrimination
June 10, 2013
By Mitchel Wilson
In Zasada v. City of Englewood, 117 FEP Cases 1454 (2013), the court denied the City’s motion to dismiss Zasada’s claim of a hostile work environment because of his national origin, claim of discrimination based on national origin, and equal protection claims when he was referred to in a derogatory manner and experienced an adverse employment action.
Filed Under: Discrimination, Legal Rights, Race Discrimination
June 7, 2013
By Mitchel Wilson
In Dominguez v. O’Flynn, 35 IER Cases 246 (N.Y. App. Div. 2012), on appeal, the Supreme Court Appellate Division overturned an order of reinstatement of a sheriff’s deputy when the court found a valid last chance agreement existed. The termination was valid regardless of the fact that two of the three charges of misconduct were determined invalid because the deputy had violated the last chance agreement in a single instance of misconduct. Although the last chance agreement was entered into in lieu of a disciplinary hearing, the court found this was not coercion and did not render the agreement void.
Filed Under: Discipline
June 6, 2013
By David Worley
In Gawlas v. King, 34 IER Cases 1485 (3d Cir. 2013), the Federal Third Circuit upheld the dismissal of both retaliation and claim brought by a Pennsylvania police officer when there was no alleged causal connection between the complaining officer’s union position and political affiliations and the removal of the K9 unit to which he was assigned. The court also found no due process violation, finding no property interest in the K-9 position which offered no premium pay.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
June 6, 2013
By David Worley
In Furtado v. State Personnel Board, 34 IER Cases 1585 (Cal. Ct. App. 2013), the court upheld a medical demotion of a California Correctional Lieutenant to a support position who was deemed unable to perform the physical aspects of the peace officer job after he failed the baton handling test. A California Government Code barred waiving physical requirements of peace officer jobs, the court held that, and the Lieutenant’s request to be transferred to an “Administrative Lieutenant” position was functionally a request to have those requirements waived, as all corrections officers must be able to perform the physical requirements.
Filed Under: Disability Discrimination, Discrimination
May 31, 2013
By Mitchel Wilson
In Singer v. Ferro, 35 IER Cases 614 (2013), the court affirmed summary judgment for the defendants and dismissed Singer’s first amendment retaliation claim. Singer had alleged retaliation in the form of baseless disciplinary actions and wrongful termination.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
May 17, 2013
By David Worley
In Jackson County Sheriff’s Dep’t, 131 LA 433 (Pratte, 2013), a non-disciplinary transfer was upheld when a Sergeant who had been in the same unit for 21 years was transferred by the Sheriff and there was no change in seniority or rate of pay. Noting that this grievance involved a nondisciplinary transfer, the Arbitrator found that the Union had the burden to prove the transfer violated a specific provision in the CBA. The arbitrator held that there was no clear exception to the management rights clause in the CBA, and the restrictive language cited by the union did not apply.
