By Jim Cline and Sam Hagshenas
In Jezior v. City of Chicago, a district court judge ruled against a Chicago firefighter who claimed that he was denied a promotion due to his disabilities. The Court found that the city adequately demonstrated that he was unable to perform most lieutenant positions, and that Jezior himself denied a promotion to a position that he may have been able to perform even though he was performing similar work in the Firefighter position.
By Jim Cline and Sam Hagshenas
In Molina-Torres v. Harris County, a Texas federal court judge denied a motion for summary judgement to a K-9 deputy who claimed he was unlawfully denied overtime pay for time spent caring for his canine partner. The court determined that the competing claims about whether the allocated on duty time was sufficient created a disputed question of fact for trial.
By Jim Cline and Sam Hagshenas
In Minnesota Department of Corrections, an Arbitrator ruled that various Unions failed to demonstrate a binding past practice of paying employees for misallocated overtime when the Employer made errors in overtime distribution.
By Jim Cline and Amy Liden
In the City of Poulsbo, the arbitrator ruled the Chief of Police reasonably disciplined a Poulsbo officer with a one-day suspension without pay for issuing a retaliatory parking ticket to his neighbor.
By Jim Cline and Sam Hagshenas
In an Arbitration decision between the Cuyahoga County Sheriff’s Office and Ohio Patrolman’s Benevolent Association, the Arbitrator reduced the punishment of a corrections officer who had grabbed the neck of an inmate. At issue was County policy that designated application of force to someone’s neck as “deadly force.”
By Jim Cline and Sam Hagshenas
In Town of Steilacoom v. Teamsters Local 117, the PERC Arbitrator ruled that the Town of Steilacoom had just cause to terminate an officer with 32 years of service due to his mishandling of and subsequent false statements about two securing two wheelbarrows of firearms. The Arbitrator reasoned that the officer’s untruthfulness, disregard of policies and orders, and inability to acknowledge wrongdoing justified his termination.
By Jim Cline and Peter Haller
In Office Workers Association of Michigan v. Renner, the Michigan Supreme Court held charging service fees for non-paying members of a bargaining unit is a violation of the duty of fair representation. The Court reasoned that an exclusive bargaining unit takes on the responsibility to represent all members, regardless of whether or not they pay dues.
By Jim Cline and Peter Haller
In Andrade v City of Milwaukee, the Wisconsin State Supreme Court ruled that a police officer fired for making racist comments on Facebook was not entitled to getting his job back because of an alleged pre-termination due process violation. The Court reasoned that the officer was entitled to notice of the charges against him, but not to all the information related to factors involved in determining the level of discipline imposed.
By Jim Cline and Peter Haller
In City of New Albany, an Ohio arbitrator ruled that a shortened work week for three police officers following extensive work on a holiday weekend was not a violation of the CBA agreement. The Arbitrator reasoned that although the CBA guaranteed a 40-hour work week, a specific provision gave the Employer authority to temporarily adjust schedules according to department needs.
By Jim Cline and Peter Haller
In Maxson v Baldwin, an Ohio deputy sheriff sued his ex-Employer after he was discharged following a guilty plea to the misdemeanor of attempting to illegally fill an opioid prescription and testing positive for marijuana. The lawsuit alleged that the Employer discriminated against him by failing to accommodate him under the Americans with Disabilities Act.
