November 1, 2012
By Kate Acheson
The Employment Relations Board of the State of Oregon (“ERB”) found in UP-023-12 that the City of Portland violated state law by refusing to implement Arbitrator Wilkenson’s award reinstating Officer Ronald Frashour. The ERB ordered the City to comply with the arbitrator’s award and to post notices of its violation due to its “calculated” avoidance.
Filed Under: Arbitration Rulings
November 1, 2012
You Don’t Get what You Don’t Ask For: Arbitrator Unable to Award Unrequested Relief in CBA Violation
By Kate Acheson
In Central State University, 130 LA 1351 (Bell, 2012), Arbitrator Langdon Bell was precluded from awarding monetary damages against Central State University for a violation of their collective-bargaining agreement (“CBA”) with their security officers because the union did file a written request for a specific remedy. Thus, although a violation with associated monetary damages was properly alleged, the Arbitrator could only direct the University to adhere to the CBA staffing guidelines in the future.
October 29, 2012
By Kate Acheson
In Kroll v. White Lake Ambulance Authority, the Sixth Circuit found that an employer’s order for an Emergency Medical Technician (“EMT”) to attend counseling for suspected depression may have been an impermissible “medical examination” in violation of the Americans with Disabilities Act (“ADA”). The case was remanded to determine whether an ADA exception allowing “job related” medical examinations that are consistent with a “business necessity” applies.
Filed Under: Disability Discrimination, Discrimination, Legal Rights
October 18, 2012
By Kate Acheson
A Missouri Police Officer who was passed over for a promotion and other positive job benefits, claimed the City was retaliating against him for reporting City official corruption in an internal investigation report. In Buehrle v. City of O’Fallon, Mo., the Eighth Circuit concluded that the First Amendment did not protect the Officer’s speech, which was made in the course of his official duties, and upheld a summary judgment dismissing his claims.
Filed Under: Disability Discrimination, Discrimination
October 12, 2012
By Kate Acheson
After being subjected to repeated urine-sample drug tests, a New York Metropolitan Transportation Authority (“MTA”) Officer, Ada Perez, filed complaint. The MTA moved to dismiss. In Perez v. Metro. Transp. Auth., the District Court for the Southern District of New York refused to dismiss Officer Perez’s complaint, reasoning that sufficient information existed for a jury to find in Officer Perez’s favor on her unreasonable search and seizure claim.
Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
October 5, 2012
By Cynthia McNabb
As suspected when the United States Supreme Court ruled in 2009, in the case of Ricci v. DeStefano, reverse discrimination cases among police and firefighters are in the headlines, with several verdicts reached favoring the plaintiffs who have brought reverse discrimination cases against their employers.
Filed Under: Discrimination, Legal Rights, Race Discrimination
October 5, 2012
By Cynthia McNabb
Are you required to drug test in order to keep your job? In addition to drug testing, are you required to disclose what prescription medication you are taking and for what purpose? If you answered yes to any of these questions, a recent EEOC settlement reached, may be of interest to you.
Filed Under: Disability Discrimination, Discrimination, Legal Rights
October 4, 2012
By Kate Acheson
Public employees are protected in the exercise of their First Amendment rights. This allows them to bring lawsuits when an employer’s retaliatiatory action is significant enough to constitute an “adverse employment action.” Not every employer action rises to that level.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
September 27, 2012
By Kate Acheson
The City of Denver was recently thwarted in its attempt to unilaterally implement a new disciplinary system on firefighters. In Denver Fire Fighters, Local 858 v. City & County of Denver, the Colorado Court of Appeals upheld the firefighters union’s claims that a “discipline matrix” - which defined penalties for rule violations - is a mandatory subject of bargaining.
Filed Under: Collective Bargaining Rights, Discipline
September 25, 2012
By Kate Acheson
An arbitrator in State of Iowa, 130 LA 1130 (2012, Jacobs) found the Iowa Department of Corrections has just cause to terminate an Iowa State corrections counselor for failing to do enough interviews with inmates.
