Will Aitchison on 07/09/2021

Sleeping Dispatcher Allowed Trial On Retaliation Claims

Denise Watkins, who is African-American, was a shift supervisor for the St. John the Baptist Parish Sheriff’s Office in Louisiana. She reported to Lieutenant Marshall Carmouche, who reported to Sheriff Michael Tregre.On January 30, 2018 Carmouche commended Watkins and three other dispatchers for sup

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Will Aitchison on 07/09/2021

When Does A ULP Charge Block An Election?

Michael Coutre, a police officer with the Village of Crestwood in Illinois, filed a petition seeking an election as to whether the Illinois Council of Police should continue as the labor representative for employees. Before the petition was filed, the Council filed two unfair labor practice charges

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Will Aitchison on 07/09/2021

Weingarten And Supervisor-Subordinate Conversations

Deputy Taylor Weiss works for the Waukesha County Sheriff’s Department in Wisconsin. On December 13, 2019, Weiss forgot she had agreed to work an extra shift and went home. After her absence was reported to Lieutenant Marc Moonen, he called Weiss at her home to ask why she was not working and whethe

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Will Aitchison on 07/09/2021

Arbitrator Finds CBA Implicitly Bars Subcontracting

The City of Grand Rapids, Michigan and the Grand Rapids Police Officers Association are parties to a collective bargaining agreement. In 2019, the police chief notified the Association that work performed by three employees in the Property Management, Traffic, and Detective Units would be transferre

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Will Aitchison on 07/09/2021

Civil Service Referee Upholds Firefighter’s CBD-Based Termination

Gerardo Colon became a Cleveland firefighter on October 9, 2000. Over his career, Colon suffered three consequential injuries on the job to his neck, back, shoulder and knee that have caused ongoing pain. In 2017, Colon tested positive for marijuana, and admitted to smoking marijuana prior to the te

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Will Aitchison on 07/09/2021

Reinstatement Ordered For Fire Association President

Cliff Snider is a firefighter with the city of Pasadena, California. In 2009, and then again from 2011 forward, Snider was the president of the Pasadena Firefighters’ Association.In October 2014, Snider injured his back while trying to lift a patient during an emergency call. Although Snider initial

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Will Aitchison on 07/09/2021

Mass. Civil Service Has No Authority To Review Leave Forfeiture

Denise Doherty has been employed by the Massachusetts State Police Department for over 20 years. From 2007 to 2012, Doherty was assigned to the Department’s certification unit, which is responsible for providing licensing services for private security, or watch guard, companies.In October 2011, Dohe

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Will Aitchison on 07/09/2021

Fire Department’s Tattoo Policy Upheld

When Corey Matchem took and passed the written portion of the civil service examination and the entry-level physical examination for the position of firefighter, his name was placed on the firefighter eligible list established by the Massachusetts Human Resources Division (HRD). The HRD acts as the

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Will Aitchison on 07/09/2021

Deputies’ Union Wins $7.8 Million Judgment Against Former Officers

The Association for Los Angeles Deputy Sheriffs (ALADS) represents the more than 7,000 deputy sheriffs working for the Los Angeles County Sheriff’s Department. ALADS has a seven-member board of directors elected by its voting members. The board in turn selects ALADS’s officers from among the board m

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Will Aitchison on 07/09/2021

Chicago Commits Bodycam-Related Unfair Labor Practices

The City of Chicago and Lodge #7 of the Fraternal Order of Police were parties to a collective bargaining agreement from July 1, 2012, through June 30, 2017. By its terms, the CBA continued in force and effect past its expiration date.In January 2015, the City instituted the first phase of its Body

W Will Aitchison
Will Aitchison on 06/05/2021

‘Two-Female’ Policy Upheld

Shonda Million was a corrections officer for the Warren County Jail in Ohio. The Jail is operated by the Sheriff’s Office. It houses minimum, medium, and maximum security adult inmates of both sexes. Between September 2012 and August 2015, the Jail employed 17–23 female officers and roughly 33–35 ma

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Will Aitchison on 06/05/2021

Senator Allowed To Attend Firefighter’s Workers’ Comp Hearing

Peter Benzing worked as a Casa Grande, Arizona firefighter for ten years. In 2018, he was diagnosed with an aggressive form of prostate cancer. He filed a workers’ compen­sation claim alleging his cancer is an occupational disease.When the City denied his claim, Benzing requested a hearing to chal­l

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Will Aitchison on 06/05/2021

Memo About Moldy Police Station Not Constitutionally Protected

Gerald Olbek was the deputy chief of the Wildwood Police Department in Florida. After a series of events that included a fire at the Department’s station, Olbek became concerned that the station had a serious mold problem. Olbek wrote a memo detailing the mold issues. The memo cited the fact that nu

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Will Aitchison on 06/05/2021

Chief Not Entitled To Pension Credit For Severance Pay

William Rogers was enrolled in the Police and Firemen’s Retirement System (PFRS) on March 1, 1995, the date he began working for the Borough of Weno­nah in New Jersey as a police officer. He advanced through the ranks to the level of Chief of Police.In 2018, the Borough entered into a shared service

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Will Aitchison on 06/05/2021

Firefighter Loses Gradual Hearing Loss Claim

James Hartman has been employed by the St. Bernard Parish Fire Department in Louisiana since May 25, 1990, rising to the rank of District Chief. During the course of his employment with the Department, Hartman was exposed to injurious levels of noise, which resulted in permanent hearing loss.Hartman

W Will Aitchison
Will Aitchison on 06/05/2021

Civil Service Orders Reinstatement Of Officer Who Shot Rayshard Brooks

On June 12, 2020, Atlanta Police Officer Garrett Rolfe and another offi­cer were called to a Wendy’s restaurant to deal with Rayshard Brooks, who had fallen asleep in his car in the drive-through lane. The officers questioned Brooks for a half hour and conducted field sobriety tests.As the officers

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Will Aitchison on 06/05/2021

Court Changes ‘Public Policy’ Doctrine To Overturn Arbitrator’s Opinion

One of the few exceptions to the rule that arbitration is final and bind­ing is known as the “public policy” doctrine. Under the doctrine, if an arbitrator’s award violates a clearly articulated and dominant public pol­icy, a court will refuse to enforce it.When applying the public policy doctrine,

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Will Aitchison on 06/05/2021

When Can Unions Intervene In Federal Litigation That Could Impact Bargaining Rights

Six civil rights actions were filed between October 2020 and March 2021 against the NYPD, the City of New York, and multiple individual NYPD officers. The lawsuits alleged that defendants engaged in – and continue to engage in – un­constitutional conduct in response to demonstrations throughout New

W Will Aitchison
Will Aitchison on 04/30/2021

Q & A

From Washington:Question: Would you be willing to comment on a situation regarding sick leave? Our CBA is silent on the issue of using sick leave extending beyond three consecutive days. The employer has not utilized this policy for any of our members, but recently stated they would if an employee c

W Will Aitchison
Will Aitchison on 04/30/2021

In Some States, PTSD Not Compensable Injury Without Physical Injury

Brian Carver was employed by the Jackson Police Department in Mississippi as a patrolman for 20 years. In 2004, Carver fatally shot a suspect. After his two required visits to a psychologist, Carver was cleared to return to work, where he experienced physical and mental health issues while on duty.T

W Will Aitchison
Will Aitchison on 04/30/2021

Suspensions, Not Demotion, Appropriate Punishment For Harassing Conduct

Jimmie Turner was a lieutenant with the New Orleans Police Department. In an October 17, 2018 disciplinary letter, the Department suspended and then demoted Turner to a police sergeant classification after finding that he violated Policy 328 entitled “Workplace Discriminatory Harassment/Retaliation.

W Will Aitchison
Will Aitchison on 04/30/2021

Deputy Fired After Supporting Husband’s Losing Campaign For Sheriff

Sabrina Tice began working for the Sheriff’s Department in Lincoln County, Oklahoma as a full-time deputy in 2012. Charlie Dougherty was the elected Sheriff. Tice’s husband, John Tice, also worked as a deputy with the Department.In 2015, Mr. Tice was indicted on criminal charges related to an allege

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