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LRIS First Thursday Podcast
51 minutes | Jun 2, 2022
First Thursday, June 2022
This month’s cases: Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.] What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022). No Weingarten Representation When Employer Assures Employee Discipline Not Possible, Canovas v. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022). Arrest Does Not Necessarily Trigger Weingarten Rights, State of New Jersey, 2022 WL 810182 (N.J. PERC ULP Director 2022). Sergeant Demoted For Intimate Relationship With Officer, Wolfe v. City of Town and Country,... The post First Thursday, June 2022 appeared first on Labor Relations Information System.
44 minutes | May 5, 2022
First Thursday, May 2022
In this month’s podcast: New Jersey Attorney General’s cannabis compliance memo Cases covered Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022) Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022) Qualified Immunity Shields Employer From Liability For Illegal Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022) No Privacy Interests In Another’s Apple Watch, Owens v. Logan Propes, 2022 WL 1109431 (M.D. Ga. 2022) The post First Thursday, May 2022 appeared first on Labor Relations Information System.
50 minutes | Mar 31, 2022
First Thursday, April 2022
In this month’s podcast: Meet John Chrystal. John is the president of the Newark, New Jersey Police Superior Officers’ Association and has attended LRIS seminars for many years. He’s taken the knowledge gleaned from those seminars had translated it into wins for his union. Two recent cases illustrate this. City Guilty Of ‘Direct Dealing’ In Offering Retirement Incentive, City of Newark, 2022 WL 810185 (N.J. PERC 2022). City Stuck With Police Director’s Grant Of Grievances, City of Newark, 2022 WL 871381 (A.D. 2022). ADA Violated By Routine Physical, Psychological Examinations, LaCroix v. Boston Police Department, No. 19-cv-11463 (D. Mass. 2022).... The post First Thursday, April 2022 appeared first on Labor Relations Information System.
49 minutes | Mar 3, 2022
First Thursday, March 2022
This month’s cases: Major Cell Phone Decision From Phoenix, Turiano v. City of Phoenix, No. CV-21-01428-PHX-MTL (D. Ariz. Feb. 4, 2022). Arbitrator Upholds Chicago Police Vaccine Mandate, City of Chicago, (George Roumell, Jr. Feb. 23, 2022). ‘Gap Time’ And The FLSA, Conner v. Cleveland County, 2022 WL 53977 (4th Cir. 2022). No Employment Right To Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274 (Fla. PERC 2022). The post First Thursday, March 2022 appeared first on Labor Relations Information System.
49 minutes | Feb 3, 2022
First Thursday, February 2022
A brief update on vaccine mandates. Cases: Arbitrator Upholds Lieutenant’s Termination For January 6 Charges, Bexar County, Texas (Thomas Cipolla, 2021). (Download the arbitrator’s decision.) LAPD Officers Lose Job To Pokemon Go, Lozano v. City of Los Angeles, 2022 WL 71705 (Cal. App. 2022). Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022). Effects Of Mandatory Psychological Exam Negotiable, City of Newton, 2021 WL 6140174 (Mass. App. 2021). ‘Firefighter’s Rule’ Bars Injured Officer’s Lawsuit, Topper v. Thomas, 2022 WL 38424 (Md. Spec. App. 2022). The post First Thursday, February 2022 appeared first on Labor Relations Information System.
51 minutes | Jan 6, 2022
First Thursday, January 2022
Happy new year! This month’s podcast covers: Mandatory vaccinations programs (again). Courts and arbitrators continue to rule (69-0 by our last count) that there is nothing unconstitutional about employer vaccine mandates. First interest arbitration decision about mandatory vaccine programs. The law about whether or not an employee or labor organization can get injunctive relief while a challenge to vaccine mandate is going on. What the Supreme Court will be ruling regarding two of the federal vaccine mandates later this week. Non-Vaccine Cases: No Reasonable Expectation Of Privacy In iPhone Backups On Work Computer, Smith v. City of Pelham, 2021 WL... The post First Thursday, January 2022 appeared first on Labor Relations Information System.
54 minutes | Dec 3, 2021
First Thursday, December 2021
This month’s podcast covers the most recent updates on vaccine mandates as well as the following cases: Due Process And The Brady Rule, Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 2021 WL 5182646 (Pa. Cmwlth. 2021) (see also Duchesne v. Hillsborough County Attorney, 2015 WL 3897798 (N.H. 2015)). Union Entitled To Materials In Member’s Disciplinary File, In re New York State Correctional Officers and Police Benevolent Association, 54 PERB ¶ 3025 (N.Y. PERB 2021) State v. Ward, 2021 WL 5001793 (Ga. App. 2021) The post First Thursday, December 2021 appeared first on Labor Relations Information System.
67 minutes | Nov 4, 2021
First Thursday, November 2021
Are you tired of hearing about vaccination mandates yet? We hope not, because this podcast is all about the legality of mandatory vaccination policies (spoiler alert: they are legal). Will tackles some of the most common questions he’s received or seen regarding employer vaccination mandates. They are listed below with a timestamp so you can navigate to a question that interests you most. Our Vaccination Mandate Litigation Table. Lastly, $5 in 1905 is the equivalent of $155.86 in today’s dollars. Questions: Do mandatory vaccination policies violate one’s right to bodily integrity/privacy? (00:17:07) Does a mandatory vaccine program violate the equal... The post First Thursday, November 2021 appeared first on Labor Relations Information System.
57 minutes | Oct 28, 2021
Police Recruitment And Retention
Will interviews Angie Salvato and Dr. Vidisha Barua Worley, Esquire on the current state of recruiting and retaining quality law enforcement officers. The interview covers: The changes in general nature of prospective officers they’ve seen over time and why they think these changes have occurred.How the changes have escalated post-George Floyd.How students and applicants are reacting to the national narrative about policing post-George Floyd.The influence of a college education has on policing.Career aspirations students have when pursuing a law enforcement career.Recruiting lateral hires. About our guests: Angie Salvato ... The post Police Recruitment And Retention appeared first on Labor Relations Information System.
48 minutes | Oct 7, 2021
First Thursday, October 2021
Tracking vaccine mandate litigation (Table) Police union website archive at Cornell Universityhttps://news.cornell.edu/stories/2021/09/police-union-websites-preserved-library-archive Cases: Apportioning Damages In DFR Cases, POAM v. Hatfield, 2021 WL 3907865 (Mich. App. 2021). No Duty Of Fair Representation Where Union Not Exclusive Rep, Brinson v. Florida PBA, 48 FPER ¶ 19 (Fla. PERC Gen. Counsel 2021). Who Chooses The Reasonable Accommodation Under The ADA? LeBlanc v. McDonough, 2021 WL 3116107 (D. Minn. 2021). The post First Thursday, October 2021 appeared first on Labor Relations Information System.
49 minutes | Sep 9, 2021
Pat Fioretto Interview
Will interviewed Chicago Pasquale “Pat” Fioretto regarding an important arbitration decision between the City of Chicago and the Chicago FOP Lodge 7. Pat represented the FOP in this case, which dealt with the issues: What constitutes a past practice?How do you prove a past practice?How do you come up with a make whole remedy when the employer has violated a long-standing past practice?Does a civilian oversight board have to follow the rules of the collective bargaining agreement? The post Pat Fioretto Interview appeared first on Labor Relations Information System.
50 minutes | 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.
49 minutes | 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.
62 minutes | Jul 15, 2021
Interview With FOP Lodge 112 President Will Milam
Will Aitchison interviews Sergeant Will Milam, president of FOP Lodge 112 in Prince George’s County, Maryland and vice president of the Maryland State FOP Lodge. The two discuss what happened in Maryland that brought about the repeal of the country’s first state police officers bill of rights and what procedural job protections are currently in place for law enforcement officers in Maryland. Will Milam also gives advice to law enforcement unions facing police reform legislation. The post Interview With FOP Lodge 112 President Will Milam appeared first on Labor Relations Information System.
53 minutes | 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.
50 minutes | 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.
46 minutes | 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.
57 minutes | 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.
50 minutes | 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.
49 minutes | Feb 4, 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.
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