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First Thursday Podcasts – Labor Relations Information System
Will Aitchison's roundup of what's happening in the world of public safety labor and employment law.
Sep 2, 2021
First Thursday, September 2021
More on mandatory vaccination programs Jacobson v. Massachusetts Bridges v. Houston Methodist Klaasen v. Trustees of Indiana University (7th Circuit opinion) From the EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Horvath v. City of Leander, 2020 WL 104345 (5th Cir. 2020). Do unions’ have the right to bargain over the effects of mandatory vaccination programs? Are non-exempt employees who refuse vaccination eligible for unemployment benefits? Cases Houston Firefighters Win Pay Parity Appeal, Houston Professional Fire Fighters v. City of Houston, NO. 14-19-00427-CV (Tex. App. 2021) Judge Allows Conspiracy Lawsuit To... The post First Thursday, September 2021 appeared first on Labor Relations Information System.
Aug 5, 2021
First Thursday, August 2021
Will starts off this month’s podcast with things employers and unions need to know about mandatory Covid vaccine programs. The EEOC’s FAQ page. Employer Covid Vaccination And Testing Program Guidelines Jacobson v. Massachusetts, 197 U.S. 11 (1905) Bridges v. Houston Methodist Hospital, Case No. 21-CV-01774 (S.D. Tex. 2021) This Month’s Cases Firefighters Lose ADA Lawsuit Over Beards, Bey v. City of New York, 2021 WL 2345249 (2nd Cir. 2021) Arbitrator Finds Implicitly Bars Subcontracting, Grand Rapids Police Officers Association, GRPOA GR. #: 5-19 (Dobry 2021) Involvement Of Decisionmaker In Appeal Violates Due Process, Briley v. City of West Covina, 2021... The post First Thursday, August 2021 appeared first on Labor Relations Information System.
Jul 1, 2021
First Thursday, July 2021
The Last News Recruitment and retention crisis Mandatory COVID vaccination (San Francisco) Oregon Senate Bill 204 on police reform Cases: Federal Court Allows Mandatory Vaccinations, Bridges v. Houston Methodist Hospital, Civil Action 21-1774 (S.D. Tex. 2021). Shifts, Seniority, And Religious Accommodations, In re Bloomfield, 2021 WL 2182984 (N.J. App. 2021). See Balint v. Cason City, Nevada https://caselaw.findlaw.com/us-9th-circuit/1414071.html Officer’s Brady Due Process Lawsuit Against Prosecutor Fails, Roe v. Lynch, 2021 WL 1903675(1st Cir. 2021). See Jonathan Duchesne & a. v. Hillsborough County Attorney https://caselaw.findlaw.com/nh-supreme-court/1705682.html Costs Are Legitimate Reason Not To Arbitrate Grievance, Sussex County Sheriff’s Office, 47 NJPER ¶ 123 (NJ... The post First Thursday, July 2021 appeared first on Labor Relations Information System.
Jun 3, 2021
First Thursday, June 2021
Cases covered this month: Chicago Commits Bodycam-Related Unfair Labor Practices, Fraternal Order of Police, Lodge #7 and City of Chicago, Case No. L-CA-20-024 (Ill. LRB ALJ 2021). Civil Service Referee Upholds Firefighter’s CBD-Based Termination, City of Cleveland (Colon), December 23, 2020. Link to CBD notice from Department of Transportation: https://www.transportation.gov/odapc/cbd-notice Fire Department’s Tattoo Policy Upheld, City of Brockton (Matchem), Case No. G1-19-234 (Mass. CSC 2021). Weingarten And Supervisory-Subordinate Conversations, Waukesha Deputy Sheriffs Labor Union v. Waukesha County, 2021 WL 1837223 (WI.Emp.Rel.Com. ALJ 2021). When Does A ULP Charge Block An Election? Coutre v. Village of Crestwood, 37 PERI ¶ 92... The post First Thursday, June 2021 appeared first on Labor Relations Information System.
May 6, 2021
First Thursday, May 2021
In this month’s podcast, Will cover public safety legislation from around the country. Maryland: Eliminates the police officers’ bill of rights, use of force reform, county police accountability boards. San Antonio: Establishes collective bargaining for police officers. Austin: Voters approve binding arbitration for firefighters replacing the meet-and-confer system. Cases: Court Changes ‘Public Policy’ Doctrine To Overturn Arbitrator’s Opinion, City of Seattle v. Seattle Police Officer’s Guild, 2021 WL 1247946 (Wa. App. 2021). Firefighter Loses Gradual Hearing Loss Claim, Hartman v. St. Bernard Parish Fire Department, 2021 WL 1115358 (La. 2021). Florida Statute Shields Officers’ Names From Disclosure After OIS, Florida... The post First Thursday, May 2021 appeared first on Labor Relations Information System.
Apr 1, 2021
First Thursday, April 2021
Facts vs Perception On Race In Policing USA Today Article CUPES Study The Cases: Lawsuit Filed Challenging Mandatory Vaccination Of Corrections Employees, Legaretta v. Macias, 2021 WL 833390 (D.N.M. 2021). City Can Be Liable For ADA Violations Of Third-Party Evaluators, Gibbs v. City of Pittsburgh, 2021 WL 800255 (3rd Cir. 2021). Mandatory Retirement Not ‘Involuntary,’ Prospect Heights FPD v. Department of Employment Security, 2021 IL App (1st) 182525 (2021). Chief’s Questions About And Statements During Union Meetings Amount To Illegal ‘Direct Dealing,’ City of Paterson, 47 NJPER ¶ 70 (NJ PERC 2021). The post First Thursday, April 2021 appeared first on Labor Relations Information System.
Mar 4, 2021
First Thursday, March 2021
Upcoming LRIS webinars, premium podcasts and seminars. The cases: Firefighters, Families Lose Lawsuit Over Fatal House Fire, Speakman v. Williams, 2021 WL 49947 (3rd Cir. 2021). Challenges In Illinois To The ‘Public Policy’ Doctrine, City of Chicago v. Chicago Fire Fighters Union, Local No. 2, Case No. 2019 CH 12662 (Cir. Ct. 2020); City of Yorkville v. FOP, Case No. 19 MR 219 (Ill. Cir. Ct. 2020); City of Country Club Hills v. Charles, No. 18 CH 13458 (Ill. App. 2020). SWAT Sniper Entitled To Jury Trial In Facebook Case, Moser v. Las Vegas Metro. Police Dept., 2021 WL 98249... The post First Thursday, March 2021 appeared first on Labor Relations Information System.
Feb 3, 2021
First Thursday, February 2021
Will talks about the January 6 riot at the Capitol and the following cases: Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021) Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6th Cir. 2020). No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021) The post First Thursday, February 2021 appeared first on Labor Relations Information System.
Jan 12, 2021
How To Repair Broken Windows
In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular? This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at firstname.lastname@example.org. The post How To Repair Broken Windows appeared first on Labor Relations Information System.
Jan 7, 2021
First Thursday, January 2021
What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question. Cases covered this month: Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020). The High Standard For PTSD Claims In Some States, Angle v. City of Huntington, 2020 WL 7315008 (W.V. 2020). Officer Required To Sit In Dark Building Loses Retaliation Case, Fiocca v. City of Philadelphia, 2020 WL 7397794 (E.D. Penn. 2020). When Must... The post First Thursday, January 2021 appeared first on Labor Relations Information System.
Dec 2, 2020
First Thursday, December 2020
It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases: Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020). Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7th Cir. 2020). Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill. 2020). Pregnancy And Light Duty Work, Legg v. Watson, 2020 WL 6325850 (2nd Cir. 2020). The post First Thursday, December 2020 appeared first on Labor Relations Information System.
Nov 4, 2020
First Thursday, November 2020
Will discusses ballot measures from across the country on police issues. Cases covered: Prosecutor Allowed To Disclose Brady Information To Chief, In re Grand Jury Investigation, 485 Mass. 641 (Mass. 2020). Prosecutor Shielded From Officers’ Suit By Qualified Immunity, Stockdale v. Helper, 2020 WL 6372910 (6th Cir. 2020). Reporting Corruption Not Protected By First Amendment, DeWyse v. Federspiel, 2020 WL 5993092 (6th Cir. 2020). Reprimand Not Sufficiently ‘Adverse’ To Support Discrimination Suit, Green v. Cashion, 2020 WL 6372366 (Mich. App. 2020). The post First Thursday, November 2020 appeared first on Labor Relations Information System.
Sep 30, 2020
First Thursday, October 2020
Announcements: The new edition of our book The Rights of Law Enforcement Officers is now available. 2021 Seminar Schedule LRIS Webinars Cases: When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee, 2020 WL 5747114 (WI.Emp.Rel.Com. 2020). ‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020). Firefighter Intentionally Hit By Fire Truck Has No Federal Lawsuit, Smothers v. District of Columbia, 2020 WL 5411294 (D.D.C. 2020). ‘Failure To Train’ Claim Must Show Deliberate Indifference, Pepitone v. Township of... The post First Thursday, October 2020 appeared first on Labor Relations Information System.
Sep 3, 2020
First Thursday, September 2020
An update on LRIS seminars during COVD-19 The police reform movement Cases: City Stuck With Police Director’s Grievance Resolution, City of Newark, 47 NJPER ¶ 15 (NJ PERC ALJ 2020). Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70, 2020 WL 4804962 (Ohio App. 2020). Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020). EMS Captain’s Facebook Post May Be Constitutionally Protected, Marquardt v. Carlton, 2020 WL 4811388 (6th Cir. 2020). The post First Thursday, September 2020 appeared first on Labor Relations Information System.
Aug 5, 2020
First Thursday, August 2020
Protests in Portland, Oregon Social media screening services From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds? Cases: Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police, 2020 IL 124831 (7th Cir. 2020) Contracts And Memoranda Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio App. 2020). Patronage Allowed In Missouri Sheriff Departments, Curtis v. Christian County, Missouri, 2020 WL 3477025 (8th Cir. 2020). The post First Thursday, August 2020 appeared first on Labor Relations Information System.
Jul 21, 2020
Minnesota Police Reform Bill (Corrected)
A previous version of this podcast included the wrong recording. Will discusses Minnesota’s sweeping new police reform billp just passed last night. Sections 1 & 3, Peer Counseling (00:01:20) Section 2, Critical Incident Stress Management Data (00:05:11) Section 4, Critical Incident Stress Management Team Members (00:05:25) Section 5, Independent Use of Force Investigations Unit (00:07:25) Section 6, Residency (00:07:58) Sections 7, 8 & 9 Use of Force (00:08:20) Section 10, Board of Police Officers Standards and Training (00:09:35) Section 11, POST Licensure (00:09:53) Section 12, Warrior Style Training (00:10:22) Section 13, Ensuring Police Excellence and Improving Community Relations Advisory Council... The post Minnesota Police Reform Bill (Corrected) appeared first on Labor Relations Information System.
1 hr 9 min
Jul 1, 2020
First Thursday, July 2020
Covered in this month’s podcast: Labor and employment issues coming out of the pandemic (00:00:43) The police reform movement (00:03:56) Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01) Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2nd Cir. 2020) (00:28:44) The issue of severance (00:36:54) Sergeants Not Severed From Rank-And-File Union, Middlesex County Sheriff’s Office, 46 NJPER ¶ 107 (N.J. PERC Rep. Dir. 2020) Labor Board Refuses To Sever Detectives From Sworn... The post First Thursday, July 2020 appeared first on Labor Relations Information System.
Jun 17, 2020
Proposed Police Reform Legislation, Part 2
The Senate Republican bill on police reform has been released and Will covers the big takeaways. Download our table comparing President’s Trump’s executive order, the senate Democrat’s bill, the senate Republican’s bill and proposed legislation out of the state of Colorado. The post Proposed Police Reform Legislation, Part 2 appeared first on Labor Relations Information System.
Jun 16, 2020
Proposed Police Reform Legislation
Will covers police reform legislation proposed by U.S. Senate Democrats and the state of Colorado as well as President Trump’s executive order on police reform. President Trump’s Executive Order U.S. Senate Democrat’s Bill Colorado Senate Bill 20-217 Police Reform Legislation Table The post Proposed Police Reform Legislation appeared first on Labor Relations Information System.
Jun 7, 2020
Ten Rules For Police Officer Social Media Posts
Introduction (00:05:43) The Rules Your First Amendment rights are very limited. (00:07:04) Just because something is an Internet meme doesn’t mean you can post it. (00:08:40) Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41) Before posting, ask yourself: if my employer receives a complaint about what I’m going to post, how will it react? If the answer is “not so well” or “they’ll start a disciplinary investigation,” is the post really worth it? (00:10:18) Be positive with your posts, not negative and critical. (00:10:48) If you have the... The post Ten Rules For Police Officer Social Media Posts appeared first on Labor Relations Information System.
Jun 4, 2020
First Thursday, June 2020
Cases covered: ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit, 2020 WL 2505385 (Mich. App. 2020) A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts, 2020 WL 2568536 (Utah 2020) One-Year Membership Period Does Not Violate Janus, Molina v. Pennsylvania Social Service Union, 2020 WL 2306650 (M.D. Pa. 2020) Employer Required To Bargain When State Passes Paid Family And Medical Leave Law, Whatcom County Deputy Sheriff’s Guild, 2020 WL 2615650 (Wash.Pub.Emp.Rel.Com. 2020) Don’t miss our special First Thursday bonus podcast: The Challenges Facing Police Unions In Today’s Environment. The post First Thursday, June 2020 appeared first on Labor Relations Information System.
Jun 4, 2020
The Challenges Facing Police Unions In Today’s Environment
In this special bonus podcast, Will discusses the recent controversies in policing, how they affect public safety unions and what unions can do to fight the trend. Headlines (00:00:42) Ten things police unions should be thinking about doing (00:05:16) Engage at all levels (00:08:21) Listen (00:10:38) Get your message out (00:12:15) Be proactive (00:20:18) React professionally (00:23:21) Meet with local politicians (00:28:43) Build relationships with other unions (00:29:41) Establish a community presence (0032:06) Stop being aligned with one political party (00:37:04) Create and expand upon your online presence (00:39:45) Articles mentioned in the podcast: AFT and NEA Join Push for... The post The Challenges Facing Police Unions In Today’s Environment appeared first on Labor Relations Information System.
May 25, 2020
Labor And Employment Implications In The Public Safety Workplace Of COVID-19
Topics covered: Status of COVID-19 presumptive causation laws (00:01:39) Hazardous duty pay (00:30:28) The impact on the collective bargaining process (00:34:13) Enforcement of governors’ emergency orders (00:38:27) Presumptive Causation Status Jacobson v. Massachusetts, 197 U.S. 11 (1905) The post Labor And Employment Implications In The Public Safety Workplace Of COVID-19 appeared first on Labor Relations Information System.
May 6, 2020
First Thursday, May 2020
Impact of COVID-19 Presumptive Causation Hazardous Duty Pay FFCRA Paid Leave Budget Issues Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders? Are state lockdown orders constitutional? Gibbons v. Ogden Jacobson v. Massachusetts No beard policies and face maskshttps://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/ Different Job Standards Possible For Older And Younger Officers, Melo v. City of Somerville, 2020 WL 1429578 (1st Cir. 2020). Massive Boston PD Medical Fitness-For-Duty Case Allowed To Proceed, Lacroix v. Boston Police Department, 2020 WL 1877806 (D. Mass. 2020). The post First Thursday, May 2020 appeared first on Labor Relations Information System.
Apr 1, 2020
First Thursday, April 2020
Covered in this month’s podcast: Presumptive causation laws Changes to the California Peace Officer Bill of Rights (California Executive Order N-40-20) Philadelphia’s contract rollover for police officers Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight, 2020 WL 966350 (Vt. 2020) Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, 2020 WL 1304630 (Ill. App. 2020) City of Columbus and Fraternal Order of Police, Capital City Lodge No. 9., 20-1 ARB ¶7530, (Nov. 19, 2019) Arizona Shifts Standards On PTSD Workers’ Comp Claims, France v. Industrial Commission... The post First Thursday, April 2020 appeared first on Labor Relations Information System.