First Thursday Podcasts – Labor Relations Information System

Announcements: The new edition of our book The Rights of Law Enforcement Officers is now available. 2021 Seminar Schedule LRIS Webinars Cases: When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee , 2020 WL 5747114 (WI.Emp. Rel. Com. 2020). ‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v....

An update on LRIS seminars during COVD-19 The police reform movement Cases: City Stuck With Police Director’s Grievance Resolution, City of Newark , 47 NJPER ¶ 15 (NJ PERC ALJ 2020). Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70 , 2020 WL 4804962 (Ohio App. 2020). Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. L...

Jeremy Conking of the Anchorage Police Department Employees Association and Keith Olson of the Yonkers Police Benevolent Association speak with Will Aitchison about challenges facing police unions today and how they are dealing with them.

Protests in Portland, Oregon Social media screening services From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds? Cases: Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police , 2020 IL 124831 (7 th Cir. 2020) Contracts And Memoranda Of Understanding, City of Brook Park...

A previous version of this podcast included the wrong recording. Will discusses Minnesota’s sweeping new police reform bill p just passed last night. Sections 1 & 3, Peer Counseling (00:01:20) Section 2, Critical Incident Stress Management Data (00:05:11) Section 4, Critical Incident Stress Management Team Members (00:05:25) Section 5, Independent Use of Force Investigations Unit (00:07:...

Covered in this month’s podcast: Labor and employment issues coming out of the pandemic (00:00:43) The police reform movement (00:03:56) Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776 , 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01) Contract’s Wage Provisions Not Constitutionally Protected, Su...

The Senate Republican bill on police reform has been released and Will covers the big takeaways. Download our table comparing President’s Trump’s executive order, the senate Democrat’s bill, the senate Republican’s bill and proposed legislation out of the state of Colorado.

Will covers police reform legislation proposed by U.S. Senate Democrats and the state of Colorado as well as President Trump’s executive order on police reform. President Trump’s Executive Order U.S. Senate Democrat’s Bill Colorado Senate Bill 20-217 Police Reform Legislation Table

Introduction (00:05:43) The Rules Your First Amendment rights are very limited. (00:07:04) Just because something is an Internet meme doesn’t mean you can post it. (00:08:40) Nothing you post online is truly private. Check your privacy settings. But remember nothing you post is truly private. (00:09:41) Before posting, ask yourself: if my employer receives a complaint about what I’m going to post,...

Cases covered: ADA Does Not Require Light Duty For Oft-Injured Officer, Scott v. City of Detroit , 2020 WL 2505385 (Mich. App. 2020) A Small Dent In The ‘Firefighter’s Rule’, Ipsen v. Diamond Tree Experts , 2020 WL 2568536 (Utah 2020) One-Year Membership Period Does Not Violate Janus , Molina v. Pennsylvania Social Service Union , 2020 WL 2306650 (M.D. Pa. 2020) Employer Required To Bargain When S...

In this special bonus podcast, Will discusses the recent controversies in policing, how they affect public safety unions and what unions can do to fight the trend. Headlines (00:00:42) Ten things police unions should be thinking about doing (00:05:16) Engage at all levels (00:08:21) Listen (00:10:38) Get your message out (00:12:15) Be proactive (00:20:18) React professionally (00:23:21) Meet with...

Topics covered: Status of COVID-19 presumptive causation laws (00:01:39) Hazardous duty pay (00:30:28) The impact on the collective bargaining process (00:34:13) Enforcement of governors’ emergency orders (00:38:27) Presumptive Causation Status Jacobson v. Massachusetts , 197 U.S. 11 (1905)

Impact of COVID-19 Presumptive Causation Hazardous Duty Pay FFCRA Paid Leave Budget Issues Are officers at risk when arresting citizens not in compliance with a state’s lockdown orders? Are state lockdown orders constitutional? Gibbons v. Ogden Jacobson v. Massachusetts No beard policies and face masks https://www.14news.com/2020/04/28/bearded-md-police-officers-paid-leave-due-cdc-guidelines/ Diff...

Are you interested in the Fair Labor Standards Act or FLSA, as it is commonly known? Do you ponder over the Garicia decision? Daydream about Department of Labor regulations? Does thinking about what needs to be included in the regular rate of pay make you feel tingly all over? Then boy, do we have the podcast for you. Will and attorney Lisa Charbonneau from the firm Liebert Cassidy Whitmore discus...

Fire Chief Dan Kerrigan talks about how to minimize the risk factors to firefighter health and how they can achieve and maintain what he calls functional fitness. This interview focuses on firefighters but is applicable to all public safety employees and employers. Topics covered: New awareness of the importance of firefighter fitness (00:02:35) Cardiovascular risks and what firefighters can do to...

Will Aitchison interviews Ron DeLord, the founder of Combined Law Enforcement Associations of Texas (CLEAT). In addition to being an attorney and experienced contract negotiator, Ron is a published author and respected historian of the law enforcement labor movement. Timestamp Topic 0:00 Introduction. 04:10 Ron’s background. 07:15 Founding of CLEAT. 11:28 The unique approach to law enforcement col...

Covered in this month’s podcast: Presumptive causation laws Changes to the California Peace Officer Bill of Rights ( California Executive Order N-40-20 ) Philadelphia’s contract rollover for police officers Training Cost Repayment Agreement Cannot Conflict With CBA, Town of Bennington v. Knight , 2020 WL 966350 (Vt. 2020) Injunctions And Grievances Don’t Usually Mix, Fraternal Order of Polic...

Is the employer’s policy centralized? In other words, is there a single document that includes all aspects of your policy as opposed to a dozen different documents in a dozen different forms? (00:01:36) Does the employer have a medical professional available on a 24/7 basis? (00:02:40) Has the employer made arrangements for drive-through or other expedited COVID-19 testing? If so, can asymptomatic...

In this special podcast, Will covers the latest developments concerning the COVID-19 outbreak and public safety labor and employment. All the links mentioned in the podcast can be found at https://lris.com/wp-content/uploads/2020/03/COVID-19-Issues.pdf/

This month’s cases: Firefighters, Facial Hair, The ‘Empty Vessel’ Of Light Duty, And The ‘Driving Calculus of Bureaucracy,’ Bey v. City of New York , 2020 WL 467507 (E.D.N.Y. 2020). Promise Of No Discipline? No Weingarten Rights, Fraternal Order of Transit Police , 51 PPER ¶ 51 (Penn. LRB ALJ 2020) Another Officer Loses A Brady Lawsuit Against A Prosecutor, Latty v. Polk County Sheriff’s Off...

Developments with the Plain View Project First Lawsuit Against Plain View Project Is Dismissed, Pace v. Baker-White , 2020 WL 134316 (E.D. Pa. 2020) Firefighter Fired For Refusing Vaccination, Accommodation, Horvath v. City of Leander , 2020 WL 104345 (5th Cir. 2020). County Required To Arbitrate ‘Me-Too’ Grievance, County of Rockland , 2019 WL 6720466 (N.Y.A.D. 2019). Romantic Relationships And S...

What is resilience, how do emergency personnel develop it and how do departments foster it? Will discusses this important topic with psychologist Stephanie Conn in this special podcast. Topics covered: Dr. Conn’s book Increasing Resilience In Police And Emergency Personnel (00:02:44) What is resilience? (00:06:56) The four-part formula for resilience (00:11:58) I. Organizational resilience (00:14:...

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 under federal law (Title VII, the ADA, the ADEA, the EEOC, and the Office of Federal Contract Complia...

Will Aitchison discusses the fallout from a photo of Detroit firefighters posing in front of a burned house and the dangers of social media posting for public safety employees. ‘No-Contact’ Order Ruled Illegal, Oakdale Police Officers Association v. City of Oakdale, 44 PERC ¶ 99 (Cal. PERB ALJ 2019) The NLRB Approves Greater Confidentiality in Workplace Investigations The Department of Labor Issue...

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. Timestamp Topic 03:56 About the LAPPL 05:38 What inspired Mark to become involved in the ADR process? 07:40 What were the problems with the traditional workers’ comp res...