May 10, 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
May 3, 2013
By Kate Acheson and Jim Cline
In Cain v. Montgomery County, the Federal Court in Tennessee dismissed the discrimination and retaliation claims of a lieutenant Emergency Medical Technician (“EMT”) who was demoted for passing gas loudly. A Montgomery County Emergency Medical Services employee, Rita Cain, was hired on as an EMT in 1992 and was later promoted her to the supervisory position of lieutenant EMT in 1996. On March 29, 2010, Cain was present during an EMT’s call to dispatch about a patient’s transport. During that incident, Cain was upset that dispatch had not notified EMS of the transport and stated: “You all don't tell me shit.” Then, Cain passed gas loudly enough for the dispatcher to hear over the telephone. When the dispatcher complained, Cain dismissed her flatulence as a joke.
Filed Under: Discrimination, Legal Rights
May 3, 2013
By Jim Cline and Mitchel Riese
A recent news story that garnered national attention concerned the discipline of a Social Security employee by the Social Security Administration, who reprimanded the employee for excessive workplace flatulence. The reprimand was delivered to the employee in a five-page letter that included a log of representative dates and times when the employee was recorded, “releasing the awful and unpleasant odor" in his Baltimore office. After the employee filed a grievance over the reprimand, the Social Security Administration withdrew it.
Filed Under: Disability Discrimination, Discrimination, Legal Rights
April 19, 2013
By David Worley
In Ass’n of Oregon Corrections Employees v. Oregon, 194 LRRM 3250 (Or. 2013), the Oregon Supreme Court affirmed the Oregon Employment Relations Board’s (ERB) decision, and overruled the Appeals Court, when it found that a broad management rights clause does not satisfy the burden of proof to prove that the union waived its statutorily guaranteed rights to bargain on mandatory subjects. The Court found that the lower Court had applied the wrong standard in overturning the decision of the ERB.
Filed Under: Contract Interpretation
April 3, 2013
By Mitchel Wilson
The Federal 2nd Circuit Court of Appeals, in Desarduoin v. City of Rochester, 117 FEP Cases 778 (2d Cir. 2013) reestablished a fired female police security officer’s sexual harassment/discrimination claim against the City of Rochester, New York under Title VII, while affirming the dismissal of her retaliation and state law claims.
Filed Under: Discrimination, Gender/Pregnancy Discrimination
March 29, 2013
By David Worley
In Keseker v. Marin Community College District (27 AD Cases 421 (N.D. Cal. 2012)), the California Federal District Court refused to dismiss a lawsuit brought by a former police officer who claimed he was unfairly forced to retire because of an anxiety disorder that made him not fit for duty. He claimed the employer violated the ADA in failing to provide him with reasonable accommodations, failing to engage in the interactive process, wrongful termination, and discriminating against him based on his disability.
Filed Under: Disability Discrimination, Discrimination
March 27, 2013
By David Worley
In City of Pasadena, 131 LA 132 (Jennings 2012), the arbitrator found the City of Pasadena, Texas did not meet its burden in proving the grievant engaged in vulgar, disruptive, or obscene conduct despite the exchange of F-Bombs. The standard here, which was “substantial evidence” as prescribed by the Texas State Supreme Court, the arbitrator ruled was clearly not met by the City. The only evidence that put the grievant in any fault, apart from a single F-Bomb, was a suspect account by the other party involved, who all witnesses described as the aggressor.
Filed Under: Arbitration Rulings, Discipline
March 15, 2013
By David Worley
The arbitrator in Osceola County, 131 LA 226 (Smith 2012) reinstated the highest ranked firefighter at a demonstration where another firefighter, the “engineer” broke from procedure in operating the boom ladder and accidentally caused serious injury to another firefighter. There was insufficient evidence to support the County’s position that the grievant had neglected his duties causing the injury of the other officer.
Filed Under: Arbitration Rulings, Discipline
March 8, 2013
By David Worley
Loose lips sink ships, and the Wright County Sherriff’s Office wants their ship water-tight. In Wright County, 131 LA 410 (Befort, 2012), the termination of a Sherriff’s deputy who divulged law-enforcement information to her cousin and then clearly lied to investigators was firmly upheld. The arbitrator here also made a finding concerning the admissibility of the evidence proving the grievant had actually divulged the information in question, finding although the evidence was improperly obtained, it was done so by a private citizen and is therefore admissible and not barred by the 4th amendment.
Filed Under: Discipline
March 1, 2013
By David Worley
In Carroll v. Clifford Township, 34 IER Cases 1118 (M. D. Pa. 2012), summary judgment was denied when the plaintiff, the former sheriff, had his position eliminated, his department budget reduced, and was denied entry into the Fraternal Order of Police after filing a lawsuit against the township and subsequently filing an earlier retaliation lawsuit.
