Cases:

The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022).

Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022).

Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 WL 14890243 (S.D.N.Y. 2022).

Reasonable Accommodation And A Corrections Lieutenant’s Job, Tate v. Dart, 2022 WL 14229458 (7th Cir. 2022).

Court Upholds Anti-Fraternization Rule, Lewis v. Smith, 2022 WL 10965839 (5th Cir. 2022).

What’s going on with the Consumer Price Index?

Cases:

Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022).

Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022).

Corrections Officers Lack Standing To Challenge Sick Leave Confinement Policy, Castro v. Dart, No. 1:2019cv00471 (N.D. Ill.2022).

Kentucky Supreme Court Conversations Between Union And Members Confidential, River City Fraternal Order of Police v. Louisville/Jefferson County Metro Government, 2022 WL 4397981 (Ky. 2022).

Murder Of Ex-Wife Results In Loss Of Pension Benefits, Peterson v. Board of Trustees, 2022 IL App (3d) 210100-U (Ill. App. 2022).

Post-Retirement Conduct Can Result In Pension Forfeiture, Mahan v. Boston Retirement Board, 2022 WL 4073845 (Mass. 2022).

Policing and police staffing in Portland, Oregon.

Article: The Injustice Of Under-Policing In America

First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022).

Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. 2022).

Iowa’s New Brady Statute Grants Protections To Officers, https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF2496

Officer Had No Expectation Of Privacy In Employer Video Equipment, Kilmer v. State of Texas, 2022 WL 3053873 (Tex. App. 2022).

Disagreement With Tactics Not Basis For Claim Against Union, In re Bruder, 55 PERB ¶ 4542 (NY PERB Director 2022).

Union Does Not Breach DFR By Refusing To Bargain Seniority Issue, Barth v. City of Cranston, 2022 WL 3225382 (1st Cir. 2022).

Premium podcast will be returning soon!

In this month's podcast:

Religious speech implications of the Supreme Court's Kennedy decision.

Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th Cir. 2022).

Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022).

No Due Process Right To Promotion From Expired List, Cummings v. City of Bridgeport, 2022 WL 1720335 (D. Conn. 2022).

Pre-Disciplinary Hearing Must Precede, Not Follow, Sustaining Of Complaint, Washington v. Shreveport fire & Police Civil Service Board, 2022 WL 1654146 (La. App. 2022).

Officer's Experience With Death And Decaying Bodies Defeats Disability Claim, Mesmer v. Board of Trustees, 2022 WL 946070 (N.J. App. 2022).

How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers?Mentioned in this discussion: Garcetti v. Ceballos

Other cases discussed:

New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022).

No DFR Breach When Fire Union Balances Competing Priorities Of Members, Gault v. Portland Firefighters’ Association, 2022 WL 2077926 (Oregon ERB 2022).

No Discipline For Following Lieutenant’s Guidance, Jenkins v. New Orleans Police Department, 2022 WL 2237457 (La. App. 2022).

This month's cases:

Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.]

What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022).

No Weingarten Representation When Employer Assures Employee Discipline Not Possible, Canovas v. Miami-Dade County Board of County Commissioners, 2022 WL 1265867 (Fla. PERC 2022).

Arrest Does Not Necessarily Trigger Weingarten Rights, State of New Jersey, 2022 WL 810182 (N.J. PERC ULP Director 2022).

Sergeant Demoted For Intimate Relationship With Officer, Wolfe v. City of Town and Country, 2022 WL 1165838 (E.D. Mo. 2022).

In this month's podcast:

New Jersey Attorney General's cannabis compliance memo

Cases covered

Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022)

Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022)

Qualified Immunity Shields Employer From Liability For Illegal Dropbox Search, Bowers v. County of Taylor, 2022 WL 1121376 (E.D. Wisc. 2022)

No Privacy Interests In Another’s Apple Watch, Owens v. Logan Propes, 2022 WL 1109431 (M.D. Ga. 2022)

In this month's podcast:

Meet John Chrystal. John is the president of the Newark, New Jersey Police Superior Officers’ Association and has attended LRIS seminars for many years. He’s taken the knowledge gleaned from those seminars had translated it into wins for his union. Two recent cases illustrate this.

* City Guilty Of ‘Direct Dealing’ In Offering Retirement Incentive, City of Newark, 2022 WL 810185 (N.J. PERC 2022).* City Stuck With Police Director’s Grant Of Grievances, City of Newark, 2022 WL 871381 (A.D. 2022).

ADA Violated By Routine Physical, Psychological Examinations, LaCroix v. Boston Police Department, No. 19-cv-11463 (D. Mass. 2022).

The Consumer Price Index. What’s driving the current numbers, unseen for 40 years, and what do they mean for the future of contract negotiations?

LRIS wage and benefit survey.

This month's cases:

Major Cell Phone Decision From Phoenix, Turiano v. City of Phoenix, No. CV-21-01428-PHX-MTL (D. Ariz. Feb. 4, 2022).

Arbitrator Upholds Chicago Police Vaccine Mandate, City of Chicago, (George Roumell, Jr. Feb. 23, 2022).

‘Gap Time’ And The FLSA, Conner v. Cleveland County, 2022 WL 53977 (4th Cir. 2022).

No Employment Right To Use Medical Marijuana At Home, Ortiz v. Department of Corrections, 48 FPER ¶ 274 (Fla. PERC 2022).

A brief update on vaccine mandates.

Cases:

Arbitrator Upholds Lieutenant’s Termination For January 6 Charges, Bexar County, Texas (Thomas Cipolla, 2021). (Download the arbitrator's decision.)

LAPD Officers Lose Job To Pokemon Go, Lozano v. City of Los Angeles, 2022 WL 71705 (Cal. App. 2022).

Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract, Multnomah County v. Multnomah County Corrections Deputy Association, 317 Or.App. 89 (Or. App. 2022).

Effects Of Mandatory Psychological Exam Negotiable, City of Newton, 2021 WL 6140174 (Mass. App. 2021).

‘Firefighter’s Rule’ Bars Injured Officer’s Lawsuit, Topper v. Thomas, 2022 WL 38424 (Md. Spec. App. 2022).