Cities Unlawfully Refused To Bargain Over FOIA Pre-Disclosure Procedures
LRIS on 05/09/2026

Cities Unlawfully Refused To Bargain Over FOIA Pre-Disclosure Procedures

In 2020, the New York State Legislature repealed Civil Rights Law § 50-a, which, since 1976, had provided absolute protection for police officers’, corrections officers’, and certain peace officers’ personnel records used to evaluate job perfor­mance. The same legislative package added amendments to

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Court Rejects Late First Amendment Challenge To Termination
LRIS on 04/11/2026

Court Rejects Late First Amendment Challenge To Termination

William Shelton was a police officer employed by the Cuyahoga Metropolitan Housing Authority (CMHA) in Ohio. Outside of his police duties, Shelton also performed as a rap artist and maintained several public social-media accounts. Although supervisors were aware that Shelton made music, his public Y

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No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive
LRIS on 02/14/2026

No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive

Sergeant Jeffrey Tagmyer, a Pittsburgh police officer, was subpoenaed as a wit­ness by his union, the Fraternal Order of Police, to testify in a discipline grievance arbitration for another officer, Sergeant Brian Elledge. After the initial arbitration hearing was continued, City Assistant Solicitor

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Federal Circuit Courts Back Employers In Two Floyd-Era Social Media Speech Cases
LRIS on 11/08/2025

Federal Circuit Courts Back Employers In Two Floyd-Era Social Media Speech Cases

Courts have long recognized that applying the First Amendment’s free speech protection to the public employment context requires a balancing act. The Supreme Court’s 1968 decision in Pickering v. Board of Education established the now-familiar framework to determine whether a public employer violate

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2-Year Delay In Sick Policy Challenge Renders Firefighter ULP Untimely
LRIS on 10/11/2025

2-Year Delay In Sick Policy Challenge Renders Firefighter ULP Untimely

Firefighters working for the Wilmington Fire Department in The City of Wilmington, Delaware, are represented by IAFF Local 1590. For more than three decades, the Department had prohibited sick leave abuse under General Rule 15:11, classifying such misconduct as a Class F Violation subject to progres

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New Haven Retirees Not Entitled To Retroactive Raises
LRIS on 08/09/2025

New Haven Retirees Not Entitled To Retroactive Raises

The 2011 CBA between the union representing New Haven, Connecticut, police officers and the City of New Haven expired on June 30, 2016. The City and Union were unable to negotiate a new agreement before that date. Under state law, the New Haven police officers continued to work under the terms of th

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NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice
LRIS on 06/14/2025

NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice

The 2013 CBA between the Newark Fire Officers Union and the City of Newark provided two terminal leave options for retiring officers. The traditional option allowed the officer to remain on the payroll and receive full salary, earning pension credits, while not reporting for work during their termi

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Association Mistake In Bargaining Does Not Excuse Refusal To Execute CBA
LRIS on 05/10/2025

Association Mistake In Bargaining Does Not Excuse Refusal To Execute CBA

The Michigan Employment Relations Commission (MERC) considered a case involving the Police Officers Association of Michigan and its affiliate, the Leelanau County Deputy Sheriff’s Association, and Leelanau County Sheriff’s Office. The dispute arose after the parties reached a tentative collective ba

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Anti-Unionization Efforts Violated Colorado Labor Law
LRIS on 03/08/2025

Anti-Unionization Efforts Violated Colorado Labor Law

The Fraternal Order of Police, Lodge No. 47, started gathering signatures for a representation election, and on February 7, 2024, the FOP notified the Douglas County Sheriff’s Office that 75% of their employees had voted “yes” for collective bargaining. The FOP also stated that it had met with Sheri

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Police Chief’s Private Texts To Coworker Not Protected By First Amendment
LRIS on 01/11/2025

Police Chief’s Private Texts To Coworker Not Protected By First Amendment

Kate Adams was hired by the Sacramento County Sheriff’s Department in 1994, and by March 2020, she had worked her way up to Chief of Police for the City of Rancho Cordova in California. Her time in the position, however, was short-lived, as Adams was forced to resign the following year after allegat

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Michigan County Liable For Adopting Unofficial Policy To “Get” CO
LRIS on 11/09/2024

Michigan County Liable For Adopting Unofficial Policy To “Get” CO

James Stanley was a correctional sergeant in Macomb County, Michigan, serving under Sheriff Anthony Wicker­sham and Undersheriff Elizabeth Darga. Wickersham was elected in 2012, and Stanley had supported Wickersham’s opponent. In 2016, Wickersham ordered Stanley’s demotion from sergeant to correctio

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New Hampshire Fails To Bargain Impact Of State Trooper Body Cameras
LRIS on 09/14/2024

New Hampshire Fails To Bargain Impact Of State Trooper Body Cameras

The New Hampshire Troopers Association is the exclusive bargaining representative for New Hampshire State Police. In October 2020, New Hampshire’s governor issued an executive order requiring state troopers to wear body worn cameras. In August 2021, Association representatives met with Peter Demas,

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Labor Board Declines Arbitrator’s Weingarten Analysis
LRIS on 08/10/2024

Labor Board Declines Arbitrator’s Weingarten Analysis

In October 2019, the police chief for the City of Elgin, Illinois announced officer shift assignments for the following calendar year. Officers chose their vacation days for 2020 based on seniority. Brett Essick, who had been a City police officer for over a decade, was assigned to the midnight shif

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Not Discrimination When Firefighter Who Exposed Himself Was Not Promoted
LRIS on 07/13/2024

Not Discrimination When Firefighter Who Exposed Himself Was Not Promoted

Jeremy Clawson is a black firefighter in the City of Albany, New York. He began his career with the Albany Fire Department (AFD) in 1993, was promoted to lieutenant in 2005, and to captain in 2010. In 2019, Clawson was offered a provisional promotion to battalion chief, the third highest-ranking pos

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No Back Pay Where Reinstated Correctional Officer Failed To Mitigate Damages
LRIS on 06/08/2024

No Back Pay Where Reinstated Correctional Officer Failed To Mitigate Damages

David Foriska is a correctional officer working at Allegheny County Jail in Pennsylvania. Foriska was terminated for alleged misconduct, and reinstated on September 16, 2018, pursuant to an arbitrator’s order. The award also provided that Foriska “shall be made whole for any and all losses, includin

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