First Thursday Podcasts – Labor Relations Information System

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 city to buy into the idea and what the results have been thus far. Ron Kirkpatrick, CEO/President...

This month’s cases: Employer May Not Unilaterally Impose Waiver Of Right To Bargain, Gator Lodge Number 67, FOP v. City of Gainesville , 46 FPER ¶ 169 (Fla. PERC 2019). Not Improper ‘Direct Dealing’ For Negotiators To Have Sidebar Discussion, Jamison v. East Lake Tarpon Special Fire Control District , 46 FPER ¶ 153 (Fla. PERC Gen. Coun. 2019) Firefighter Staffing Per Shift Negotiable, City o...

Will discusses body cameras with Mike Rains and Rocky Lucia of the law firm Rains Lucia Stern St. Phalle & Silver, PC. They look at the history of body camera use in California, body cameras and criminal prosecutions of police officers, privacy matters, and what issues regarding body cameras are typically negotiated between a department and labor union. Studies cited in the podcast: Journal of...

This month, Will covers three recent news stories and four cases. News articles: Alaska State Troopers find fix for hiring woes: More pay https://www.adn.com/alaska-news/crime-courts/2019/11/07/pay-hikes-drive-surge-of-job-seekers-to-alaska-state-troopers/ Hennepin County Attorney’s Office on New Protocol: ‘No Privacy Rights in a Criminal Investigation’ https://alphanewsmn.com/hennepin-county-atto...

Will and attorney Peter Brown , a partner in the law firm of Liebert Cassidy Whitmore , the state of public sector bargaining and negotiations in California. LISTEN

Will discusses a recently released study from the Police Executive Research Forum study on the recruitment and retention crisis. Staying on this topic, Will talks about an article from the Omaha World-Herald on the workforce shortages in public employment in the state of Nebraska. Cases covered this month: When Is Harassing Conduct ‘Severe’ Enough? Perry v. Slensby , 2019 WL 3409894 (S.D.N.Y. 2019...

The current presidential administration is undoubtedly conservative. This is reflected in the pro-management position its judicial appointments and the Department of Labor have taken on labor and employment issues. As a result, many municipalities, counties and states have passed laws and implemented rules more favorable to labor. Using the new Oregon family leave law as a starting point, Will and...

Update : The fallout from the Plain View Project. The Plain View Project is run by a Philadelphia attorney who seeks to reveal the identity of law enforcement officers in eight jurisdictions who post what the attorney deems as sexist, racist or other unsuitable messages on Facebook. Cases: Employer Must Provide Information Before, Not After, Loudermill Hearing, Town of Auburn , 2019 WL 3574289 (MA...

Will interviews Tenari Ma’afala and Vladimir Devens of the State of Hawaii Organization of Police Officers (SHOPO) about the state’s unusual collective bargaining law, how they fixed their recruitment and retention problem, arbitration stories, and the standard of conduct differential. LISTEN

Will interviews Las Vegas Police Protection Association president Steve Grammas about developments in the Nevada legislature strengthening the Public Safety Officer Bill of Rights. They discuss the details of Nevada Senate Bill 242 , how it was passed and if it can be a model for similar legislation in other states. LISTEN

Will gives (yet another) warning about potential dangers posed by social media for public safety employees. He gives several recent examples of law enforcement, corrections and fire protection employees who have lost their jobs over controversial social media posts. Cases covered this month: ‘Exploding’ Offers Can Be Bad-Faith Bargaining, City of Arcadia (2019) PERB Decision No. 2648-M (Cal. PERB...

Will gives another, very necessary, warning about posting on supposedly private social media forums. He also discusses these cases: Deputy Cannot Sue Prosecutor For Wrongful Placement On Brady List, Harris v. Chelan County Sheriff’s Department , 2019 WL 1923924 (E.D. Wa. 2019). Seniority Prevails Over ADA For Day Off Selection, McIntyre v. Washington Metropolitan Area Transit Authority , 2019 WL 2...

Will talks about the Plain View Project , an online database of Facebook posts and comments by current and former law enforcement officers that include racist, sexist, anti-Muslim and other controversial sentiments. He also covers the following cases: Employer Cannot Refuse To Negotiate With Union’s Lawyer, FOP, Lodge 109 v. SEPTA , 50 PPER ¶ 7 (Penn. LRB 2019) ‘Do Not Apply’ Alert Is Protected Un...

Will covers four cases this month including a Florida case that deals with the relationship between Garrity and Miranda and an Illinois case involving the relationship between HIPAA and the ADA in regards to fitness for duty evaluations. Full list of cases: How Miranda and Garrity Relate To Each Other, State of Florida v. Socarras , 2019 WL 1548623 (Fla. Dist. Ct. App. 2019). HIPAA Forms Can Viola...

Jim Porter of the Bend, Oregon Police Department discusses how a focus on the emotional and physical health of a police department can transform the morale, productivity, and job satisfaction of officers. In the five years he has held his position, Chief Porter has implemented a number of innovative programs designed to improve the well-being of officers. These methods have proven effective, and i...

Will asks arbitrator Margaret Brogan the questions you were afraid to ask — or maybe didn’t know you need to be asking. How much credence do you really give hearsay, anyway? Would you rather see a brief and/or a closing argument and why? What are the five things that irritate you as an arbitrator? Are expert witnesses really worth the money and time? Does the burden of proof in discipl...

This month’s cases include: California Supreme Court Ducks (For Now) Major Retirement Question But Allows End To ‘Air Time,’ Cal Fire Local 2881 v. California Public Employees’ Retirement System , 2019 WL 1008413 (Cal. 2019). Exclusionary Rule Does Not Apply In Disciplinary Appeal, Ramirez v. State Personnel Board , 2019 WL 948970 (Cal. App. 2019). DROP Benefits Can Be Prospectively Reduced,...

Will interviews attorney Christina Carroll of the law firm Robein, Urann, Spencer, Picard & Cangemi, APLC who represented the New Orleans Firefighters is a suit involving the department’s move to allow the Fire Superintendent to promote anyone on a promotional exam list instead of being required to chose from the highest scores.

Our first premium podcast was released on February 20. Will interviewed noted FLSA attorney Greg McGillivary. Subscribe to our newsletter or premium podcasts for access. This weeks cases include: Blanket ‘Gag Order’ Violates Bargaining Law, Santa Clara County Correctional Peace Officers’ Association , 43 PERC ¶ 104 (Cal. PERB 2018). Denial Of Transfer Can Be ‘Adverse Employment A...

Have you heard about our new premium subscription service ? We’re adding a second monthly podcast interview series, access to LRIS books and newsletter articles, and a 5% discount off of seminar registration fees and book orders. Choose the Premium Podcast or Public Safety Labor News subscription options. This month’s cases include: What Does ‘Substantial’ Evidence Mean? C onley v. Cit...

Happy 2019 from LRIS. This month’s cases include: Arbitrator Upholds Termination Of Tamir Rice Officer, But On Other Grounds, Cleveland Police Patrolmen’s Association , AAA #01-17-0003-7910 (James Rimmel 2018). Unions And The Duty Of Fair Representation, Wayne County Sheriff’s Association , 32 MPER ¶ 26 (Mich. ERC 2018). Because Of Disciplinary Impact, Body Cameras Are Negotiable, AFSCME, Lo...

It’s the last First Thursday of month. Will has been a bit under the weather, which is why we’re late this month, but we’ve forced him out of his sick bed and into the recording room. First Post-Janus Cases Decided A variety of lawsuits have been filed across the country in the wake of the Supreme Court’s decision in Janus v. AFSCME . Court decisions have now been issued in three...

Another survey! This one is about LRIS seminars, and one lucky participant will receive a $25 Amazon gift card. Complete the survey online here https://www.surveymonkey.com/r/5JSN8L7 . The deadline to be entered in the drawing is November 8. This month’s cases include: To What Due Process Are Chiefs Owed, And When?, Straub v. City of Spokane , 738 Fed. Appx. 392 (9th Cir. 2018). Pennsylvania...

Show Notes What do you think of the podcast? How do you listen? Help us make the podcast better by taking our short survey ! This month’s cases: What Happens If You Can’t Agree Whether Bargaining Should Be In Public? Lincoln County , 2018 WL 4292910 (Wash. PERC 2018). Court Finds San Francisco Use Of Force Policy Not Negotiable, S an Francisco Police Officers’ Association v. San Francisco Po...

This month’s cases: FOP’s Attempt To Intervene In Consent Decree Case Untimely, State of Illinois v. City of Chicago , 2018 WL 3920816 (N.D. Ill. 2018). Citizen’s Initiative Cannot Be An End-Run Around The Bargaining Process, Boling v. PERB , 2018 WL 3654148 (Cal. 2018). Supreme Court Narrows Cell Phone Searches Even Further, Carpenter v. United States , 585 U.S. ____ (2018). No Violation Of...