LRIS First Thursday Podcast: Recent Episodes
Will Aitchison
Will Aitchison’s roundup of what’s happening in the world of public safety labor and employment law.
Rick and labor attorney Jessica Caggiano discuss what is and what isn’t protected speech by a public employee and in the age of social media. How has social media impacted how courts determine what speech is disruptive to the workplace?
Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that will be featured in the Public Safety Labor News.
Cases:
- Pickering v. Board of Education, 391 U.S. 563 (1968) (0:07:57)
- Rankin v. McPherson, 483 U.S. 378 (1987) (0:11:47)
- Noble v. Cincinnati & Hamilton County Public Library, No. 23-3853 (6th Cir. 2024) (0:17:35)
- Fenico v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D. Pa., 2024) (0:27:29)
- Brown v. City of Tulsa, January 7, 2025 (10th Circuit) (0:39:00)
- Hussey v. City of Cambridge, August 15, 2025 (1st Circuit) (0:42:59)
- Hedgepeth v Britton, August 26, 2025 (7th Cir. 2025) (0:49:23)
Rick interviews former firefighter and firefighter union leader, Bob Brooks, about his bid to represent Pennsylvania’s 7th district in the congress. They discuss the importance of political involvement by public safety labor and management representatives from all backgrounds.
00:02:16 – What’s next from LRIS
00:05:03 – County Permitted To Assign Probation Officers To Detention Facility Following Expiration Of “Temporary Emergency” Assignment Side Letter, San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025).
00:12:58 – Codification Of Unwritten Work Rule Not An Unfair Practice Where No Change To A Mandatory Bargaining Subject, Jenkintown Borough, 56 PPER ¶ 57 (Proposed Decision and Order, 2025).
00:20:14 – Officer Terminated For Leaving Interrogation To Wait For Union Rep, County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025).
00:31:26 – Due Process Requires Impartial Tribunal In Brady List Dispute, Corbo v. Chester County, 2025 Pa. Commw. LEXIS 70 * (Pa. Commw. Ct. 2025).
00:45:24 – Interview with Bob Brooks
Rick is joined again by labor attorney Jesse Bernstein to discuss the no tax on overtime provision from recent budget bill along with the usual roundup of cases.
- 00:01:15 – The latest from LRIS
- 00:03:17 – No tax on overtime
Cases 00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association v. City of Santa Ana, 2025 Cal. App. LEXIS 115 (Cal. Ct. App. 2025). * 00:25:34 – Rhode Island Supreme Court Permits Unilateral Changes To CO Attendance Policy, State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025). * 00:37:53 – County Jail Not Required To Bargain Solitary Confinement And Use Of Force Policies, Allegheny Cnty. Prison Emps. Indep. Union v. Pa. Lab. Rels. Bd.*, 2025 Pa. Commw. LEXIS 99 (Pa. Commw. Ct. 2025).
This month, Rick is joined by Philadelphia labor attorney Jesse Bernstein. The two discuss the following cases:
NY Court Precludes Cross Examination Of Police Officers On Civilian Review Board Findings, United States v. Clanton, 763 F. Supp. 3d 261 (E.D. N.Y. 2025). (00:03:36)
Bologna v. Krasner, 2025 U.S. Dist. LEXIS 120185 (E.D. Pa. 2025). (00:24:25)
Oregon Employer’s “Bargaining Summary” Emails To Officers Did Not Constitute Improper Direct Dealing, Oregon Corrections Enterprises, Case No. UP-042-24 (ORB 2025). (00:46:53)
NJ Fire Chief Not Bound By Unratified, Secret Compensatory Time Settlement, City of Jersey, 51 NJPER ¶ 70 (2025). (01:08:45)
FAQs00:00:49
- What are the limits on fitness for duty exams?
- What counts as protected union activity?
- Does a high test score entitle you to a promotion?
- What happens when a long-standing past practice conflicts with new (or old) contract language?
What’s new with LRIS? 00:01:24
CasesCook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam, Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025). 00:03:06
Union President Engaged In Protected Concerted Activity When Sharing Confidential Report, Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025). 00:14:49
No Due Process Owed To Minneapolis Officer Removed From Promotional List, Humphrey v. City of Minneapolis Civ. Serv. Comm’n, 2025 Minn. App. Unpub. LEXIS 173* (Minn. Ct. App. 2025). 00:24:49
County Commits ULP By Unilaterally Discontinuing Practice Of Providing Paid Leave When Courthouse Closed For Holidays, County of Albany and Albany County Sheriff, 57 PERB ¶ 3011 (2024). 00:36:18
NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice, Newark Fire Officers Union, Loc. 1860 v. City of Newark, 2024 N.J. Super. Unpub. LEXIS 2969 (N.J. Super. Ct. App. Div., 2024). 00:42:11
0:01:32 What’s new with LRIS.
0:03:20 Seattle Officers Who Attended Jan 6 Rally Cannot Remain Anonymous, John Does 1, 2, 4, & 5 v. Seattle Police Dep’t, 2025 Wash. LEXIS 86 (2025).
0:15:24 Terminated Firefighter’s “Perceived Speech” Claim Triggers First Amendment Protect ions, Vargas v. City of Tracy, 2025 U.S. Dist. LEXIS 31591 (E.D. Cal. 2025).
0:25:30 Snippy And “Chilling” Email From NJ Administrator To Union President Constitutes ULP, City of Trenton, 51 NJPER ¶ 46 (2025).
0:36:43 NJ PERC Permits Unilateral Change To COs’ Weekend Work Schedules, Hudson County, 51 NJPER ¶ 61 (2025).
Rick and economist Jeremy Crimmel discuss the nation’s economic outlook and what effects tariffs may have on inflation.
Cases:State Court Confirms Louisiana Police Association’s Right to Engage in Political Activity, La. State Troopers Ass’n v. State Police Comm’n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. Jan. 30, 2025).
Bad Record Keeping Defense Fails For Louisiana Police Chief Caught With Drugs And Cash In Vehicle, State v. Bratton, 2025 La. App. LEXIS 331 (La. Ct. App. 2025).
City Council Permitted To Sue Firefighter For Pursuing Recall Petition After Service Cuts, Waggoner v. Husk, 337 Ore. App. 519 (Or. Ct. App. 2025).
In this month’s podcast, Rick discusses an important free speech case involving a fight over a police association’s logo and speaks with police defense attorney Lance LoRusso about a use of force case being decided by the Supreme Court.
00:01:41 — What’s going on with LRIS.
00:02:50 — Union logo free speech case (FOP Pennsylvania State Lodge v. Springfield Township).
00:14:32 — Lance LoRusso talks about the Blue Line Lawyer Institute and its upcoming Force Forum on May 20-22 in Jekyll Island, Georgia.
00:30:27 — Rick and Lance discuss a Barnes v. Felix. This use of force case on the Supreme Court’s docket is about whether courts should apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment.
This month’s podcast explores the connections between all workers, whether public safety or civilian, federal or state, public or private. Rick Poulson is joined by his colleague Joe Richardson to discuss this with a focus on a recent union-busting case out of Douglas County Colorado.
0: 03:43 – What’s going on with LRIS?
0:06:08 – A bit of labor history, Part 1: The Boston police strike of 1919
0:12:38 – A bit of labor history, Part 2: PATCO strike of 1981
0:25:10 – Joe Richardson introduction
0:28:27 – Case: FOP Lodge 47 v. Douglas County and the Douglas County Sheriff’s Office
Happy 2025! The nasty bug that’s spreading across the East Coast hit our podcast host, Rick Poulson. He’s finally recovered enough to record this episode, but please forgive the cough.
In this month’s podcast, we go over:
- A big legislative win for public sector employees.
- A look at wage increases for 2024.
Two cases:
- Back pay, not reinstatement, for LAPD officer dealt a due process violation, Bedard v. City of Los Angeles, 2024 WL 4634930 (Cal. Ct. App. 2024).
- Court’s review of compliance with grievance procedure cannot consider other arguments, Shifflett v. Hill, Record No. 1357-23-4, LEXIS 582 (Va. Ct. App. 2024).
LRIS Executive Director Rick Poulson goes over four cases in this month’s podcast, two involving free speech and two on prosecutorial immunity.
This month’s cases:Ohio Security Guard’s Facebook “All Lives Splatter” Meme Protected by 1st Amendment, Noble v. Cincinnati & Hamilton Cnty. Pub. Libr., 112 F.4th 373 (6th Cir. 2024). (0:06:46)
7th Circuit Instructs That Lawyers Matter In Dismissing Sergeant’s Speech Lawsuit, Brockett v. Effingham County, Illinois, 2024 WL 3982729 (7th Cir. 2024). (0:29:31)
Absolute Immunity for Philly DA Despite Biased Prosecution of Police Officer, Pownall v. Krasner, No. 23-2049, 2024 WL 4164621 (3d Cir., Sept. 12, 2024). (0:35:58)
Bevill v. Wheeler, 2024 WL 2762493 (5th Cir. 2024). (0:46:09)
Michael Freeman, Executive Vice President of the New Jersey Police Benevolent Association joins LRIS Executive Director Rick Poulson to discuss Mike’s career in law enforcement labor relations, and the two go over cases involving marijuana use and free speech.
This month’s cases:Jersey City Extends Losing Streak Against Police Marijuana Use, Shea v. State of New Jersey, No. 2:2023cv21196 (D.N.J. 2024)
Supreme Court Decides Gun Case Impacting First Responder Marijuana Rights, US v. Rahimi, 602 US _ (2024)
Is It Legal To Use Marijuana And Own a Firearm? US v. Connelly, No. 23-50312 (5th Cir. 2024)
Rick Poulson interviews attorney Tom Gribbin about his career and the unique issues that arise in representing correctional officers.
This month’s cases:Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).
City Lawfully Refused To Turn Over Documents During Contract Negotiations, City of Lancaster v. Pennsylvania Lab. Rels. Bd., 309 A.3d 178 (Pa. Commw. Ct., 2024).
Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, No. 23-1063, 2024 WL 1040625 (10th Cir., 2024).
Anxiety Caused by Coworker Does Not Excuse Officer’s Marijuana Use, In re: Steven Allen, Gloucester County Sheriff’s Office, DOCKET NO. A-1820-22, 2024 WL 2235554 (N.J. Super. App. Div., May 17, 2024)
LRIS recently lost a member of our extended family. Arbitrator Dave Gaba, a frequent LRIS seminar speaker and co-author of the book Interest Arbitration passed away last month. We extend our sincerest condolences to Dave’s family and friends.
Rick Poulson interviewed Arbitrator Michael Loconto for this month’s podcast. Michael was Dave’s friend and mentee. He and Rick talk about Dave in the interview, which was recorded prior to Dave’s passing.
This month’s cases:Court Rules Sharing Unsubstantiated Rumors About Coworkers Does Not Violate Public Policy, Town of Plympton vs. Plympton Police Association MassCop Local 276, June 7, 2024
Firefighter’s Failure to Meet Mandatory Reporting Requirements Not Sufficient To Vacate Award of Reinstatement, Portland Firefighters Local 43 vs. City of Portland, 2024 WL 2933064 (OR ERB)
Prison Committed ULP By Refusing to Provide Staffing Guidelines Requested By Union, Federal Bureau Of Prisons Federal Correctional Institution Cumberland, Maryland Respondent And American Federation Of Government Employees, Local 4010, 2024 WL 2860890 (F.L.R.A.)
Will Aitchison is on the other side of the microphone in this month’s podcast as Rick Poulson interviews him about his career in public safety labor relations. They discuss how long Will has been practicing, how he got into labor law, when and why he started LRIS, and why have seminars for both management and labor.
Will also talks about the important of honesty, preparation, and cultivating a relationship with the other side.
The complete interview with police attorney Lance LoRusso is available only to LRIS Premium subscribers. Rick Poulson and Lance, founder of the Blue Line Institute, discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.
Rick Poulson interviews attorney Lance LoRusso, founder of the Blue Line Institute. They discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.
This month’s cases:Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 Conn. 452 (Conn. 2024).
Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).
An update on mandatory vaccine policies:
- Jacobson v. Massachusetts, 197 U.S. 11 (1905).
- County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff’s Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).
LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers’ Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).
Welcome Rick Poulson to the LRIS First Thursday Podcast!April’s First Thursday podcast is a special two-person affair as LRIS Executive Director, Rick Poulson, joins Will as cohost. Rick talks about his background, how he became a labor attorney, and helps Will break down this months cases.
Cases:Burden Of Proof Is On Employer To Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024).
Related case: State v. Jackson.
Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).
State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024)
‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023).
Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.).
Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).
When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).
Good news on the economy and inflation The Bureau of Labor Statistics CPI data * From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery*
This month’s cases Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023) * Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023) * Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023) * What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation*, 2023 WL 8353271 (N.D.Ill. 2023).
The recurring attack on binding disciplinary arbitration.Will Aitchison covers a study from the Mackinac Center for Public Policy entitled “How To Improve Policing Through Collective Bargaining Reforms.” He covers its fatal flaw, and why law enforcement unions must be aware of it.
- View the press release.
- View the study.
Cases:Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023).
‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023).
Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).
This month’s cases:
Cell Phone Warrant Of Officer’s Phone Too Broad, Commonwealth v. Sukhadia, 2023 WL 7409309 (Penn. Super. 2023).
Township Violates Free Speech Rights By Banning Thin Blue Line Flag, Pennsylvania State Lodge v. Township of Springfield, 2023 WL 7547494 (E.D. Penn. 2023).
Firefighter’s Union Loses Challenge to Arbitrator’s Opinion, Tamburo v. City of Stamford, 2023 WL 7540719 (Conn. Super. 2023).
Union President Can Waive Union’s Bargaining Rights, City of Methuen, 2023 WL 7184541 (MA LRC 2023).
A special Christmas offering:Duck: The Police
Current EventsThe latest development in A.I. and policing: The City of San Jose signs on to use Benchmark Analytics’ First Sign Early Intervention System.
How are cities dealing with the recruitment and retention crisis?
Cases Consent Decree Does Not Impair Bargaining Rights, City of Newark v. Fraternal Order of Police, 2023 WL 6439402 (NJ App. 2023). * Officer’s Brady Suit Can Proceed Pseudononymously, Doe v. Town of Lisbon, 2023 WL 5266283 (1st Cir. 2023). + Other Brady developments: New amendment to Florida’s Law Enforcement Officers’ and Correction Officers’ Rights statue dealing with placement on Brady* lists.
This month’s cases:
Officers Entitled To Privacy About Participation In January 6 Rally, Jane Doe 1 v. Seattle Police Department, 2023 WL 4182193 (Wash. App. 2023). Download this case.
Department’s Garrity Failure Results In Reinstatement, Foltz v. City of St. Louis, 2023 WL 5688659 (Mo. App. 2023).
When Are Text Messages A Matter Of Public Concern, Prince George’s County v. Brooks, 2023 WL 5318327 (Md. App. 2023). Download this case.
‘National Police Association’ Loses Defamation Lawsuit
View the NPA’s Form 990.
The persistence of the recruitment and retention crisis in public safety.Related stories:* A California city offered a $75,000 bonus to new cops. These departments are trying to keep up. * Some small towns in America are disbanding police forces, citing hiring woes.
The Cases: When Is An Employer Liable For Pre- And Post-Shift Work? Perry v. City of New York, 2023 WL 5490572 (2nd Cir. 2023). * Officer Had Due Process Right To Review Third-Party Video Before Interview, City of Akron, 23-2 ARB ¶8218, (Goldberg, 2023). * The Key Elements Of A Past Practice, City of Easton*, 55 PPER ¶ 3 (Penn. LRB Hear. Off. 2023).
This month's cases:
Florida Court Upholds Termination Of CO For Medical Marijuana Use, Ortiz v. Department of Corrections, 2023 WL 4101330 (Fla. App. 2023).
No Weingarten Rights When Merely Receiving Counseling Memo, Madison County Deputy Sheriff’s Association, 56 PERB ¶ 4541 (NY PERB ALJ 2023).
No Privacy Right To Masturbate While On Duty, Demill v. Peace Officer Standards and Training Council, 2023 WL 3637408 (Utah App. 2023).
Transfer To Rotating Shift Not 'Adverse Action,' Naes v. City of St. Louis, 2023 WL 3991638 (8th Cir. 2023).
Employer Liability For Co-Worker Sexual Harassment, Stein v. United States, 2023 WL 3993014 (3rd Cir. 2023).
Important cases from the Supreme Court.
Groff v. Dejoy
Students For Fair Admissions, Inc. v. President And Fellows of Harvard College
Muldrow v. City of St. Louis
Latest news:
NYPD signs new uniformed officers contracts.
New EEOC Guidance on When the Use of Artificial Intelligence in Selection Procedures May Be Discriminatory
Arbitrator Orders In-Person Rather Than Video Hearing
Department of Veterans Affairs, 2023 BNA LA 75 (Bonney 2023). National Academy of Arbitrators Opinion 26
This month's cases:
Union, Not Member, Has Right To Invoke Arbitration, Pendleton Police Department, 2023 WL 2858867 (OR ERB 2023).
Paid Union Leave Legal In Texas, Borgelt v. Austin Firefighters Association, 2022 WL 17096786 (Tex. App. 2022).
Austin Firefighters contract. This and other contracts available for download from the LRIS labor contract library.
Political Patronage Case Subject To Arbitration, Orange County Sheriff’s Office Employees Association v. Orange County, Texas, 2023 WL 2418939 (Tex. App. 2023).
Obtaining New Job Defeats Constitutional Liberty Claim, Jones v. Lake County Sheriff’s Office, 2023 WL 2631659 (N.D. Ill. 2023).
Loudermill v. Cleveland Board of Education
The movie and novel Minority Report introduced the idea of “precrime.” Could AI make this a reality? Benchmark Analytics claims it can predict adverse officer actions before they happen.
This month’s cases:Boston Allowed To Implement Vaccination Policy, Boston Firefighters Union, Local 718 v. City of Boston, 2023 WL 2698781 (Mass. 2023).
Court Turns Away Challenge To Union’s Non-Member Fee Structure, Taylor v. Pennsylvania State Corrections Officers Association, 2023 WL 2565029 (Penn. Super. 2023).
This is the first major case related to the Janus decision. Download Janus.
ALJ Finds Employer Engaged In Illegal Surface Bargaining, City of Compton, 47 PERC ¶ 130 (Cal. PERB 2023).
Change Of Union Does Not Necessarily Terminate Grievance Procedure, City of Chelsea, 203 N.E.3d 1142 (Mass. 2023).
The first meaningful applications of artificial intelligence in the public safety labor world are happening. What does this bode for the near future?
- Benchmark Analytics: https://www.benchmarkanalytics.com/
- Article: Event-level prediction of urban crime reveals a signature of enforcement bias in US cities from Nature Human Behaviour, published June 30, 2022, https://www.nature.com/articles/s41562-022-01372-0
Cases:Arbitrator’s Decision Reinstating Text-Messaging Officer Not Against Public Policy, City of Springfield v. PPBA, Unit 5, 2023 IL App (4th) 220321-U (Ill. App. 2023).
No Privacy Protections Against Disclosure Of Officers’ Names, Fraternal Order of Police v. District of Columbia, 2023 WL 2317584 (D.C. App. 2023).
- Related article: Los Angeles police accidentally release photos of undercover officers to watchdog website, published March 21, 2023 by the Los Angeles Times
- Related case: Kallstrom v. City of Columbus
Portland survived Winter Apocalypse 2023!This month’s cases:
Firefighter Entitled To Unemployment Benefits After Firing For Use Of Medical Marijuana, City of Waterbury, 216 Conn.App. 717 (2022).
No Privacy Interest In On-Line Videos, Mason v. City of Waco, 2023 WL 1926984 (W.D. Tex. 2023).
Behind The Blue Curtain Podcast
Officer’s Facebook Lawsuit Survives Motion To Dismiss, Bresnahan v. City of St. Peters, 2023 WL 310208 (8th Cir. 2023).
‘Me-Too’ Issues Must Be Arbitrated, Cook County, 2022 WL 18549609 (Ill. App. 2022).
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In this month’s podcast:
Article: Evidence On Measures To Reduce Excessive Use Of Force By The Police (h/t to PORAC).
Firefighter Schedule Change Illegal Discrimination, IAFF, Local 365 v. City of East Chicago, 2022 WL 17829283 (7th Cir. 2022).
Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email, State v. Bowers, 2022 WL 17984985 (Wisc. App. 2022).
Workers Comp Limitation On Stress Claims Not Unconstitutional, Matthews v. Industrial Commission of Arizona, 2022 WL 17172180 (Ariz. 2022). (Article 18, Section 8 of Arizona State Constitution)
Officer’s Suicide ‘Line Of Duty’ Death, In re Lannon, 2022 WL 17747778 (Minn. App. 2022).
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It’s a new year and the times, they are a-changin’ here at LRIS. In this month’s podcast:
- An announcement from Will Aitchison.
- No Religious Freedom Exception To Photographs In Uniform, Swartz v. Sylvester, 2022 WL 17090374 (1st Cir. 2022).
- City To Pay $1.6 Million For Firefighter Staffing Violation, East Cleveland IAFF 500 v. City of East Cleveland, 2022 WL 16635231 (Ohio App. 2022).
- Backpay Can Include Overtime, Stockli v. North Carolina Department of Public Safety, 2022 WL 16937444 (N.C. App. 2022).
- Court Upholds Chicago Police Vaccination Requirement, Fraternal Order of Police, Chicago Lodge No. 7 v. City of Chicago, 2022 IL App (1st) 220346-U (Ill. App. 2022).
- Officer Loses Job To Facebook Post, Kirkland v. City of Marysville, 2022 WL 17413720 (6th Cir. 2022).
- Union Fails To Timely Demand To Bargain Over Pension Changes, Association of Orange County Deputy Sheriffs, 47 PERC ¶ 84, (Cal. PERB 2022).
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This month’s cases: Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6th Cir. 2022). Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11th Cir. 2022). Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v. County of Riverside, 2022 WL 16646827 (Cal. App. 2022). Reasonable Accommodation And Cold Baths, Bright v. Martin, 2022 WL 16712874 (E.D. La. 2022). PTSD Caused By Shooting, Not Gradual Stress, Las Vegas Metropolitan Police Department v. Marx, 2022 WL 17185093 (Nev. App. 2022).
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Cases: The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022). Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022). Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 WL 14890243 (S.D.N.Y. 2022). Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022 WL 14229458 (7th Cir. 2022). Court Upholds Anti-Fraternization Rule, Lewis v. Smith, 2022 WL 10965839 (5th Cir. 2022).
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What’s going on with the Consumer Price Index? Cases: Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022). Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022). Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022). Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022). Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board...
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What’s going on with the Consumer Price Index? Cases: Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022). Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022). Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022). Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022). Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board...
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Policing and police staffing in Portland, Oregon. Article: The Injustice Of Under-Policing In America First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022). Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. 2022). Iowa’s New Brady Statute Grants Protections To Officers, https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF2496 Officer Had No Expectation Of Privacy In Employer Video Equipment, Kilmer v. State of Texas, 2022 WL 3053873 (Tex. App. 2022). Disagreement With Tactics Not Basis For Claim Against Union, In re Bruder, 55 PERB ¶...
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In this month’s podcast: Religious speech implications of the Supreme Court’s Kennedy decision. Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th Cir. 2022). Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022). No Due Process Right To Promotion From Expired List, Cummings v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022). Pre-Disciplinary Hearing Must Precede, Not Follow, Sustaining Of Complaint, Washington v. Shreveport fire & Police Civil Service Board, 2022 WL 1654146 (La. App. 2022). Officer’s Experience With Death And Decaying Bodies Defeats Disability Claim, Mesmer...
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How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers?Mentioned in this discussion: Garcetti v. Ceballos Other cases discussed: New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022). No DFR Breach When Fire Union Balances Competing Priorities Of Members, Gault v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022). No Discipline For Following Lieutenant’s Guidance, Jenkins v. New Orleans Police Department, 2022 WL 2237457 (La. App. 2022).
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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,...
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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)
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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)....
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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).
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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).
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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...
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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)
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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...
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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 ...
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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).
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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?
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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...
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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...
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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.
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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...
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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...
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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...
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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).
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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...
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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)
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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 info@lris.com.
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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...
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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).
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