Happy 2025! The nasty bug that’s spreading across the East Coast hit our podcast host, Rick Poulson. He’s finally recovered enough to record this episode, but please forgive the cough.

In this month’s podcast, we go over:

• A big legislative win for public sector employees.

Two cases:

• Back pay, not reinstatement, for LAPD officer dealt a due process violation, Bedard v. City of Los Angeles, 2024 WL 4634930 (Cal. Ct. App. 2024).

Happy holidays to all our listeners. In this month’s First Thursday podcast, Rick covers:

What is the Social Security Fairness Act and does it have a chance of being passed?

Elon Musk has his sights set on them.

Officer’s DWI Arrest Not Exculpatory Evidence, Doe v. City of Manchester, No. 2022-0448 (N.H. 2024).

Court Upholds Arbitration Award Allowing Cos To Refuse Mandatory Overtime, Allegheny County v. Allegheny County Prison Employees Independent Union, No. 1122 C.D. 2023, 2024 WL 3687877 (Pa. Commw. Ct., 2024).

Sorry we’re late! This month’s First Thursday should be renamed “Second Monday.”

In this month’s podcast, Rick covers two union leave cases and two involving social media posts.

Gilmore v. Gallego, No. CV-23-0130-PR, 2024 WL 3590669 (Ariz., 2024).

Borgelt v. Austin Firefighters Ass’n, IAFF Loc. 975, 692 S.W.3d 288 (Tex. 2024).

Fenico et al v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D.Pa. October 28, 2024).

Boyd v. City of Memphis, 2024 WL 3984020 (Tenn. Ct. App., 2024).

LRIS Executive Director Rick Poulson goes over four cases in this month’s podcast, two involving free speech and two on prosecutorial immunity.

Ohio Security Guard’s Facebook “All Lives Splatter” Meme Protected by 1st Amendment, Noble v. Cincinnati & Hamilton Cnty. Pub. Libr., 112 F.4th 373 (6th Cir. 2024). (0:06:46)

7th Circuit Instructs That Lawyers Matter In Dismissing Sergeant’s Speech Lawsuit, Brockett v. Effingham County, Illinois, 2024 WL 3982729 (7th Cir. 2024). (0:29:31)

Absolute Immunity for Philly DA Despite Biased Prosecution of Police Officer, Pownall v. Krasner, No. 23-2049, 2024 WL 4164621 (3d Cir., Sept. 12, 2024). (0:35:58)

Bevill v. Wheeler, 2024 WL 2762493 (5th Cir. 2024). (0:46:09)

Michael Freeman, Executive Vice President of the New Jersey Police Benevolent Association joins LRIS Executive Director Rick Poulson to discuss Mike’s career in law enforcement labor relations, and the two go over cases involving marijuana use and free speech.

Jersey City Extends Losing Streak Against Police Marijuana Use, Shea v. State of New Jersey, No. 2:2023cv21196 (D.N.J. 2024)

Supreme Court Decides Gun Case Impacting First Responder Marijuana Rights, US v. Rahimi, 602 US _ (2024)

Is It Legal To Use Marijuana And Own a Firearm? US v. Connelly, No. 23-50312 (5th Cir. 2024)

Michael Freeman, Executive Vice President of the New Jersey Police Benevolent Association joins LRIS Executive Director Rick Poulson to discuss Mike’s career in law enforcement labor relations, and the two go over cases involving marijuana use and free speech.

Jersey City Extends Losing Streak Against Police Marijuana Use, Shea v. State of New Jersey, No. 2:2023cv21196 (D.N.J. 2024)

Supreme Court Decides Gun Case Impacting First Responder Marijuana Rights, US v. Rahimi, 602 US _ (2024)

Is It Legal To Use Marijuana And Own a Firearm? US v. Connelly, No. 23-50312 (5th Cir. 2024)

Rick Poulson interviews attorney Tom Gribbin about his career and the unique issues that arise in representing correctional officers.

Court Upholds Award Of Retroactive Sick Leave Benefits For COs, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).

City Lawfully Refused To Turn Over Documents During Contract Negotiations, City of Lancaster v. Pennsylvania Lab. Rels. Bd., 309 A.3d 178 (Pa. Commw. Ct., 2024).

Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, No. 23-1063, 2024 WL 1040625 (10th Cir., 2024).

Anxiety Caused by Coworker Does Not Excuse Officer’s Marijuana Use, In re: Steven Allen, Gloucester County Sheriff’s Office, DOCKET NO. A-1820-22, 2024 WL 2235554 (N.J. Super. App. Div., May 17, 2024)

LRIS recently lost a member of our extended family. Arbitrator Dave Gaba, a frequent LRIS seminar speaker and co-author of the book Interest Arbitration passed away last month. We extend our sincerest condolences to Dave’s family and friends.

Rick Poulson interviewed Arbitrator Michael Loconto for this month’s podcast. Michael was Dave’s friend and mentee. He and Rick talk about Dave in the interview, which was recorded prior to Dave’s passing.

Court Rules Sharing Unsubstantiated Rumors About Coworkers Does Not Violate Public Policy, Town of Plympton vs. Plympton Police Association MassCop Local 276, June 7, 2024

Firefighter’s Failure to Meet Mandatory Reporting Requirements Not Sufficient To Vacate Award of Reinstatement, Portland Firefighters Local 43 vs. City of Portland, 2024 WL 2933064 (OR ERB)

Prison Committed ULP By Refusing to Provide Staffing Guidelines Requested By Union, Federal Bureau Of Prisons Federal Correctional Institution Cumberland, Maryland Respondent And American Federation Of Government Employees, Local 4010, 2024 WL 2860890 (F.L.R.A.)

Will Aitchison is on the other side of the microphone in this month’s podcast as Rick Poulson interviews him about his career in public safety labor relations. They discuss how long Will has been practicing, how he got into labor law, when and why he started LRIS, and why have seminars for both management and labor.

Will also talks about the important of honesty, preparation, and cultivating a relationship with the other side.

Rick Poulson interviews attorney Lance LoRusso, founder of the Blue Line Institute. They discuss Lance’s background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.

Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 Conn. 452 (Conn. 2024).

Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).

An update on mandatory vaccine policies:

• Jacobson v. Massachusetts, 197 U.S. 11 (1905).

LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers’ Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).