Employers often try to win disputes by focusing on technical definitions or procedural arguments. They will apply a narrow definition to an employee’s workplace right and reframe the dispute so the protection seems not to apply.

All four cases covered in this month’s podcast are examples of this tactic. See how courts decided.

No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive,  Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). (00:04:36)

New Hampshire Supreme Court Rules In Favor Of Corrections Officer Terminated After Raising Staffing And Safety Concerns, Appeal of Cass (New Hampshire Personnel Appeals Board), 2025 N.H. 51, 2025 WL 3466392 (N.H. Dec. 3, 2025).  (00:12:45)

Court Orders Release Of Internal Affairs Report After Redaction, States Newsroom Inc. v. City of Jersey City, 2025 WL 2202105 (N.J. Aug. 4, 2025) (00:22:30)

Firefighter Entitled To Full Paid Military Leave For Forty 24-Hour Shifts, Driscoll v. City of Melrose, 2025 WL 3247580 (Mass. App. Ct. Nov. 21, 2025). (00:32:42)

In part two of this month’s podcast, Rick offers his predictions for 2026 for three different categories.

We took January 1 off for the New Year’s Day holiday, so this First Thursday episode is posting on the second Thursday. We will be posting a bonus episode on the third Thursday (and you thought there were no more Christmas gifts coming).

This episode will cover what Rick thinks were the three most important issues in public safety labor relations from 2025. In next week’s episode, Rick will make his predictions for 2026.

What’s happening at LRIS? (00:01:24)

Privacy (00:04:08)

Recruiting and retention (00:30:30)

No tax on overtime (00:50:31)

We here at LRIS would like to wish everyone a joyous and peaceful holiday season. Here’s what in store for this last First Thursday podcast of 2025:

Upcoming seminars from LRIS (00:01:53)

State ex rel. GateHouse Media Ohio Holdings II, Inc. v. Columbus Police Dept., Slip Opinion No. 2025-Ohio-5243 (00:05:02)

Big Court Win for PA Firefighters in PTSI Workers Compensation Appeal, Ganley v. Upper Darby Township (Workers’ Compensation Appeal Board), 2025 WL 2967361 (Pa. Commw. Ct. Oct. 22, 2025) (00:15:35)

Probationary Employee’s Firing, Union Inaction Not Unfair Practices, Wayne County Juvenile Detention Facility, et al., 39 MPER ¶ 6 (MERC 2025) (00:28:15)

Pennsylvania State Police Unlawfully Refused To Process Probationary Trooper’s Grievance, Commonwealth of Pennsylvania, 57 PPER ¶ 17 (PLRB 2025) (00:35:29)

Compton Fire Chief’s Retaliatory Fitness Ban Violates California Law, Compton Firefighters, IAFF Local 2216 v. City of Compton, PERB Decision No. 2976-M, 50 PERC ¶ 47 (Cal. PERB Aug. 1, 2025) (00:42:46)

Sheriff CBA’s Vacation Cap Provision Trumps Inconsistent Past Practice, Luce County Sheriff & Luce County Board of Commissioners, 39 MPER ¶ 11, 2025 WL 2451349 (Mich. Emp’t Relations Comm’n Aug. 8, 2025) (00:49:27)

Richard Poulson interviews Memphis Police Association President Matt Cunningham about the recent deployment of national guard troops to his city.

Labor Board Rules County Cannot Unilaterally Change Schedule, County of Gloucester, 51 NJPER ¶ 73 (2025)

Illinois Labor Board Requires Production of Info Despite “Ongoing Related Litigation,” City of East St. Louis, 42 PERI ¶ 22 (ILRB 2025)

Rick and labor attorney Jessica Caggiano discuss what is and what isn’t protected speech by a public employee and in the age of social media. How has social media impacted how courts determine what speech is disruptive to the workplace?

Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that will be featured in the Public Safety Labor News.

Cases:

Rick interviews former firefighter and firefighter union leader, Bob Brooks, about his bid to represent Pennsylvania’s 7th district in the congress. They discuss the importance of political involvement by public safety labor and management representatives from all backgrounds.

00:02:16 – What’s next from LRIS

00:05:03 – County Permitted To Assign Probation Officers To Detention Facility Following Expiration Of “Temporary Emergency” Assignment Side Letter, San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025).

00:12:58 – Codification Of Unwritten Work Rule Not An Unfair Practice Where No Change To A Mandatory Bargaining Subject, Jenkintown Borough, 56 PPER ¶ 57 (Proposed Decision and Order, 2025).

00:20:14 – Officer Terminated For Leaving Interrogation To Wait For Union Rep, County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025).

00:31:26 – Due Process Requires Impartial Tribunal In Brady List Dispute, Corbo v. Chester County, 2025 Pa. Commw. LEXIS 70 * (Pa. Commw. Ct. 2025).

00:45:24 – Interview with Bob Brooks

Rick is joined again by labor attorney Jesse Bernstein to discuss the no tax on overtime provision from recent budget bill along with the usual roundup of cases.

This month, Rick is joined by Philadelphia labor attorney Jesse Bernstein. The two discuss the following cases:

NY Court Precludes Cross Examination Of Police Officers On Civilian Review Board Findings, United States v. Clanton, 763 F. Supp. 3d 261 (E.D. N.Y. 2025). (00:03:36)

Bologna v. Krasner, 2025 U.S. Dist. LEXIS 120185 (E.D. Pa. 2025). (00:24:25)

Oregon Employer’s “Bargaining Summary” Emails To Officers Did Not Constitute Improper Direct Dealing, Oregon Corrections Enterprises, Case No. UP-042-24 (ORB 2025). (00:46:53)

NJ Fire Chief Not Bound By Unratified, Secret Compensatory Time Settlement, City of Jersey, 51 NJPER ¶ 70 (2025). (01:08:45)

00:00:49

00:01:24

Cook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam, Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025). 00:03:06

Union President Engaged In Protected Concerted Activity When Sharing Confidential Report, Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025). 00:14:49

No Due Process Owed To Minneapolis Officer Removed From Promotional List, Humphrey v. City of Minneapolis Civ. Serv. Comm’n, 2025 Minn. App. Unpub. LEXIS 173* (Minn. Ct. App. 2025). 00:24:49

County Commits ULP By Unilaterally Discontinuing Practice Of Providing Paid Leave When Courthouse Closed For Holidays, County of Albany and Albany County Sheriff, 57 PERB ¶ 3011 (2024). 00:36:18

NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice, Newark Fire Officers Union, Loc. 1860 v. City of Newark, 2024 N.J. Super. Unpub. LEXIS 2969 (N.J. Super. Ct. App. Div., 2024). 00:42:11