Marc Fuller on 01/15/2020

Physical Agility Tests

Will interviews Rae Gross and Sarah Kuehnel of the management-side law firm Ogletree Deakins about physical agility tests (PATs). Using a recent blog post on the topic the two attorneys authored as a starting point, the discussion includes the following topics:Why is it that PATs can raise issues un

M Marc Fuller
Will Aitchison on 01/03/2020

Hair Test For Drugs Ruled Unreliable

The Boston Police Department requires applicants for officer positions to be screened for drug use via a hair sample test. The Department outsources the testing of hair samples for illegal narcotic use to Psychemedics Corporation, a company that has licensed laboratories in approximately 22 states.

W Will Aitchison
Will Aitchison on 01/03/2020

Arbitrator Can Award More Than FLSA Requires

Local 1953 of the International Association of Firefighters represents the firefighters who work for Perkins Township in Ohio. When the parties were unable to reach agreement on a new contract the matter was referred to “binding conciliation,” the phrase Ohio uses to describe binding arbitration. Wh

W Will Aitchison
Will Aitchison on 01/03/2020

Evaluation System Violates State Ticket Quota Law

The Policemen’s Benevolent Labor Committee represents police officers working for the City of Sparta, Illinois. On January 13, 2013, the City put into place a new performance evaluation policy. The policy used a system of monthly activity points to track and evaluate the performance of the Departmen

W Will Aitchison
Will Aitchison on 01/03/2020

Pre-Statement Video Review Is A Negotiable Topic

Lodge 1 of the Fraternal Order of Police represents officers of the Pittsburgh Police Department. On January 19, 2018, the City implemented Order 69-03 “Body Worn Camera (BWC) Recording and Digital Evidence Stored System.” The order mandated the use of body worn cameras and established guidelines an

W Will Aitchison
Will Aitchison on 01/03/2020

Officer Required To Pay City’s Attorney Fees

Michael Marciano is an officer with the Los Angeles Police Department. In 2014 and 2015, Marciano was a patrol officer in the North Hollywood Division. Marciano had problems with his supervisors, his performance, his purported lack of issuing citations, and his desire to be assigned to a partner the

W Will Aitchison
Will Aitchison on 01/03/2020

Employer May Not Unilaterally Impose Waiver Of Right To Bargain

In a “meet-and-confer” environment, an employer has the right to break a contract impasse by unilaterally implementing its last best offer. What is not often recognized is that the only thing an employer can implement are changes to issues that are mandatory for bargaining. An employer has no right

W Will Aitchison
Will Aitchison on 01/03/2020

Firefighter Staffing Per Shift Negotiable

Local 46 of the International Association of Fire Fighters represents firefighters, paramedics, captains, and the battalion and assistant chiefs working for the City of Everett, Washington. Since 1974, a provision in Local 46’s collective bargaining agreement established a minimum number of firefigh

W Will Aitchison
Will Aitchison on 01/03/2020

Indefinite Leave Of Absence Not Required Under ADA

Thomas Monroe worked as a corrections officer with the Florida Department of Corrections. Monroe was diagnosed with PTSD and requested an indefinite leave of absence. Shortly thereafter, the Department terminated his employment.Monroe sued, claiming he was the victim of disability discrimination. Th

W Will Aitchison
Will Aitchison on 01/03/2020

City ‘Interfered’ With Union By Shutting Down Fire Department

Local 4725 of the IAFF represents the five full-time firefighters in the City of Brainerd, Minnesota. In 2010, the City experienced a budget deficit following a decrease in both property tax values and state aid. The City attempted to restructure its fire department by replacing its full-time firefi

W Will Aitchison
Will Aitchison on 01/03/2020

Tattoo Policy Ruled Non-Negotiable

From 1988 to the summer of 2016, the City of Philadelphia did not have a policy regulating or restricting tattoos for police officers applying for a position with or during their tenure as officers for the City. During the summer of 2016, the Democratic National Convention was held at the Philadelph

W Will Aitchison
Marc Fuller on 12/18/2019

Alternative Dispute Resolution For Workers’ Comp Claims

Will Aitchison interviews Los Angeles Police Protective League Director Mark Cronin and Judge Steve Siemers on how the LAPPL and LAPD are using alternative dispute resolution, or ADR, to resolve workers’ compensation claims.TimestampTopic 03:56About the LAPPL 05:38What inspired Mark to become involv

M Marc Fuller
Marc Fuller on 12/12/2019

Health Care Trusts

Using the Fort Worth, Texas Firefighters as an example, Will discusses health care trusts as an option for delivering health coverage for public safety employees. Michael Glynn, president of the Fort Worth Firefighters, talks about why the association considered a health care trust, how they got the

M Marc Fuller
Will Aitchison on 11/25/2019

For Whistleblowing Claim To Exist, Decisionmakers Must Be Aware Of Whistleblowing

Bridgette Bott was a deputy sheriff for Palm Beach County, Florida. On July 11, 2012, the Sheriff’s Office dispatched Bott to investigate an attempted suicide. Dispatch told Bott that a woman “advised her boyfriend took a lot of antidepressants last night and is now swinging the swifter at her becau

W Will Aitchison
Will Aitchison on 11/25/2019

Spouse Loses Workers’ Compensation Claim For Officer’s Suicide

Sandy Delacruz was a police officer for the Village of Freeport, New York. On December 22, 2016, Delacruz, who was on duty at the time, was found dead in her parked police car from a perforating gunshot wound to the head and brain. Delacruz’s death certificate indicated that the cause of her death w

W Will Aitchison
Will Aitchison on 11/25/2019

LEOSA Does Not Require An Agency To Issue Retirees Identification

The Law Enforcement Officers Safety Act (LEOSA) allows “a qualified retired law enforcement officer who is carrying the identification required by the Act” to carry a concealed firearm, notwithstanding most state or local restrictions. Camille Burban was an officer with the Neptune Beach, Florida Po

W Will Aitchison
Will Aitchison on 11/25/2019

Merits Of Grievance For Arbitrator, Not Court, To Resolve

The City of Yonkers in New York and the Yonkers Fire Fighters, Local 628 of the IAFF, are parties to a collective bargaining agreement. Article 33 of the CBA, which contains various provisions concerning the City’s EMS Program, includes a provision stating that the “EMS Program shall mean the level

W Will Aitchison
Will Aitchison on 11/25/2019

Favored Treatment To Fellow Officer Violates Ethics Statute

Edward McGovern is an Agawam, Massachusetts police lieutenant. On the evening of June 29, 2012, at about 9:15 p.m., the neighboring West Springfield Police Department received an anonymous 911 call reporting a wrong-way driver on Route 5 North. Three responding officers found Agawam Police Officer D

W Will Aitchison
Will Aitchison on 11/25/2019

Arbitrator Can Consider Conduct Of Parties In Construing Contract Language

Pursuant to the terms of the collective bargaining agreement between Local 3111 of the IAFF and Anderson Township, Ohio, Lieutenant William Tillett received notice that disciplinary proceedings were being initiated against him because he had surrendered his fire-inspection certification. When the De

W Will Aitchison
Will Aitchison on 11/25/2019

Text Messages Do Not Violate Duty Of Fair Representation

Sanja Drinks-Bruder has been employed as a Niagara Falls, New York police officer for approximately 25 years and is represented for bargaining purposes by the Niagara Falls Police Club. On October 20, 2016, at approximately 6:10 a.m., she was sent to the scene of a fatal traffic accident. Despite he

W Will Aitchison
Will Aitchison on 11/25/2019

Arbitrator’s Fire Watch Decision Does Not Violate Federal Law

The collective bargaining agreement between Local 146 of the IAFF and the City of Lawrence, Massachusetts provides that the City must require a fire watch detail at the site of any demolition work in its boundary. The agreement contains provisions requiring the City to “act as custodian of the funds

W Will Aitchison
Will Aitchison on 11/25/2019

Corrections Officer’s Repeated Dishonesty Costs Her Job

Tia Smith was a corrections officer with the Camden County Department of Corrections in New Jersey. In the years following her hire in 2011, Smith displayed a variety of performance problems. Most significantly, Smith was found to have engaged in conduct unbecoming and neglect of duty in 2015. She l

W Will Aitchison
Will Aitchison on 11/25/2019

Corrections Officers Win $113 Million In Wage-And-Hour Lawsuit

The collective bargaining agreement between the Missouri Department of Corrections (DOC) and the Missouri Corrections Officers Association provides that the DOC “will comply with the Fair Labor Standards Act (FLSA).” The DOC’s policy manual similarly states it is intended “to ensure departmental com

W Will Aitchison