Will Aitchison on 11/12/2021

Temporary Reassignment Of Union President Justified By Business Necessity

The Fraternal Order of Transit Police (FOTP) represents police of­ficers working for the Southeastern Pennsylvania Transportation Author­ity (SEPTA). Officer Omari Bervine has been President of the FOTP since August 2016.On November 1, 2019, Bervine rep­resented SEPTA Officer Kady Ann Cox during an

W Will Aitchison
Will Aitchison on 11/12/2021

Firefighter Loses Stroke Claim

William G. Kalenius, a firefighter for the City of Corvallis, Oregon, had a stroke on the job. He filed a worker’s compen­sation claim, relying on the “firefighters’ presumption,” a statute which provides that cardiovascular disease is presump­tively caused by the job. When the City denied Kalenius’

W Will Aitchison
Will Aitchison on 11/12/2021

Laid Off Corrections Sergeant Loses Duty Of Fair Representation Claim

Teamsters Local 760 represents three bargaining units of employees with the Yakima County Department of Correc­tions. One unit contains corrections chiefs and lieutenants; one unit contains correc­tions officers, corporals, and sergeants; and one unit contains clerical employees. Andrew Martin has b

W Will Aitchison
Will Aitchison on 11/12/2021

Leaking Info To Press Not Part Of Firefighter’s Job

Sean DeCrane started as a firefighter with the City of Cleveland’s Division of Fire in the 1990s, eventually working his way up to battalion chief. In August 2012, DeCrane became the director of training at the City’s Fire Training Academy. Ed­ward Eckart is an assistant director in the Department o

W Will Aitchison
Will Aitchison on 11/12/2021

The Elements Of A Hostile Work Environment Claim

Brandon Bates, an African Ameri­can man, has held multiple positions in the Montgomery County Correctional Facility in Pennsylvania. Bates eventu­ally reached, and currently maintains, the position of Captain. Throughout his employment, Paul Carbo, a white male, was his supervisor.Bates sued the Cou

W Will Aitchison
Will Aitchison on 11/12/2021

No Weingarten Violation Absent Request For Representation

The Pennsylvania State Correc­tions Officers Association represents corrections officers working at correc­tional facilities for the Commonwealth of Pennsylvania. Jeremiah Campbell and Amanda Witiak are Corrections Criminal Investigators for the DOC, responsible for conducting criminal and administr

W Will Aitchison
Will Aitchison on 11/12/2021

Five-Day Suspension With Pay Not ‘Adverse Action’

Deputy Jeffery Bell is employed by the Broward County Sheriff’s Office (BSO) in Florida and serves as the pres­ident of Local 6020 of the International Union of Police Associations. The col­lective bargaining agreement between the BSO and Local 6020 recognized that Deputy Bell held a “full release p

W Will Aitchison
Will Aitchison on 11/12/2021

Dissatisfaction With Fire Union’s Tactics Not Basis For Claim

Paul Richards was employed by the City of Redmond, Washington as a firefighter and was in a bargaining unit represented by Local 2829 of the IAFF. On January 31, 2019, the City informed Local 2829 via email that it was considering disciplinary action against Richards, including the possi­bility of t

W Will Aitchison
Will Aitchison on 11/12/2021

Who Chooses The Reasonable Accommodation Under The ADA ?

Jesse LeBlanc served as a police of­ficer with the Department of Veterans Affairs Medical Center in St. Cloud, Minnesota from 2012 to 2018. The Department uses a “Panama Sched­ule,” where officers work in teams of two. In a two-week period, two teams work only day shifts, from 8:00 a.m. to 8:00 p.m.

W Will Aitchison
Will Aitchison on 11/12/2021

Apportioning Damages In Duty Of Fair Representation Cases

Todd Hatfield was an assistant fire chief for the City of Grayling, Michigan. He also completed his police academy training and was certified by the Michigan Commission on Law Enforcement Standards (MCOLES), although he continued to work primarily as a firefighter and filled in for police duties as

W Will Aitchison
Will Aitchison on 10/08/2021

Firefighter Arbitration Award Upheld As ‘Reasonably Debatable’

The collective bargaining agreement between Carteret, New Jersey and the Firefighters Mutual Benevolent Association provides that senior firefighters in the Carteret Fire Department are entitled to acting captain’s pay whenever they assume the role of a fire captain. A dispute arose when the Borough

W Will Aitchison
Will Aitchison on 10/08/2021

No Workers’ Comp For Off-Duty Unsupervised Lifting Injury

In 2006, Daniel Desimone began working for the County of Santa Barbara as a corrections officer. In October 2007, Desimone injured his lower back. The incident occurred at a private gym inside an apartment complex on a weekend when Desimone was not working, and no other County employees were present

W Will Aitchison
Will Aitchison on 10/08/2021

Officer Fired For ‘Delusional Disorder’ Entitled To Unemployment Benefits

Stefan Sanders began working for the Grenada, Mississippi Police Department as a police officer in January 2015. In February 2019, while off duty, Sanders placed a 911 call asking that police officers come to his residence. Grenada officers responded to his home and found Sanders in the presence of

W Will Aitchison
Will Aitchison on 10/08/2021

Court Upholds Firefighter Wage Parity Ballot Measure

In 2003, the City of Houston adopted the Fire and Police Employee Relations Act to govern Houston fire fighters’ compensation, conditions of employment, and collective bargaining rights. The Act provides that fire fighters’ compensation and conditions of employment shall be “substantially equal to”

W Will Aitchison
Will Aitchison on 10/08/2021

Prevention Of ‘Prisoner Abuse’ Not Basis To Overturn Arbitrator’s Opinion

On May 1, 2018, York County, Pennsylvania Corrections Officers Marcial Baez and Graig Phillips were responsible for the custody and care of an inmate with mental health issues who had been placed on suicide prevention watch. The two verbally engaged in bantering with the inmate. They used profanity

W Will Aitchison
Will Aitchison on 10/08/2021

Probation Officer Loses Free Speech Claim By Not Showing ‘But For’

Randall Knight was a probation officer for Nassau County, New York. Knight was terminated by the County in 2015 for his conduct during two incidents. The first incident involved Knight responding combatively and uncooperatively when Judy Arroyo, a City of Long Beach police officer, pulled him over f

W Will Aitchison
Will Aitchison on 10/08/2021

Denying Union President Right To “Ride A Rig” Deemed Unlawful

Michael Nevin has been employed by the Detroit Fire Department for 33 years and is currently captain of a tactical rescue squad. He was elected president of Local 344 of the IAFF in December 2015. For the first two years of Nevin’s presidency, Local 344 filed no grievances against the Fire Departmen

W Will Aitchison
Will Aitchison on 10/08/2021

Comments In Union Election Protected By Labor Law

Jennifer Tyler is a member of the Chelan County Deputy Sheriff’s Association in Washington. When a vice-president of the Association resigned, Sergeant Adam Musgrove ran for the position. On October 12, 2018, Tyler responded to Musgrove’s nomination in an email sent to the private email addresses of

W Will Aitchison
Will Aitchison on 10/08/2021

Chicago Required To Bargain Effects of Bodycam Program

In January 2015, the City of Chicago and Lodge #7 of the Fraternal Order of Police agreed to a letter of understanding that facilitated a pilot program for bodycams. In December 2016, the City announced an expedited expansion of the bodycam program. Although the parties engaged in several bargaining

W Will Aitchison
Will Aitchison on 09/11/2021

Q & A

From New York:Question: I have a union member that took a voluntary demotion due to some misconduct. The settlement agreement which was signed does not indicate a de­duction or reduced pay, it just states the member will be demoted from sergeant to deputy. The County failed to reduce the member’s pa

W Will Aitchison
Will Aitchison on 09/11/2021

Angry Response To Representation Request Violates Weingarten

Waukesha County, Wisconsin is party to a collective bargaining agreement with the Waukesha Deputy Sheriffs Labor Union. On December 5, 2019, Steven Miksch, who is a member of the Union, was directed to meet with Nick Ollinger and Chad Niles, both of whom were supervisors.Niles and Ollinger each revi

W Will Aitchison
Will Aitchison on 09/11/2021

Officer Not Entitled To Retirement Service Credits For Years Of Admin Leave

A New Jersey police officer identi­fied by the court only as “M.A.” began his employment as a municipal police officer on January 1, 1988. From January 2004 to March 2007, M.A., who had been diagnosed with depressive disorder and anxiety, was involved in a series of off-duty psychological incidents,

W Will Aitchison
Will Aitchison on 09/11/2021

Fire Lieutenant Loses ‘Buzzing Cell Phone’ Promotion Claim

Jeffrey Neal is a Cincinnati fire lieutenant. In 2015, the Department began accepting internal applications for fire captain and administered pro­motional exams as part of that process. Neal applied for the advancement and participated in the promotional exam, which consisted of five sections. The f

W Will Aitchison