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

Cases:

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:

Pickering v. Board of Education, 391 U.S. 563 (1968) (0:07:57)

Rankin v. McPherson, 483 U.S. 378 (1987) (0:11:47)

Noble v. Cincinnati & Hamilton County Public Library, No. 23-3853 (6th Cir. 2024) (0:17:35)

Fenico v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D. Pa., 2024) (0:27:29)

Brown v. City of Tulsa, January 7, 2025 (10th Circuit) (0:39:00)

Hussey v. City of Cambridge, August 15, 2025 (1st Circuit) (0:42:59)

Hedgepeth v Britton, August 26, 2025 (7th Cir. 2025) (0:49:23)

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.

00:01:15 – The latest from LRIS

00:03:17 – No tax on overtime

Cases

00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association v. City of Santa Ana, 2025 Cal. App. LEXIS 115 (Cal. Ct. App. 2025).

00:25:34 – Rhode Island Supreme Court Permits Unilateral Changes To CO Attendance Policy, State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025).

00:37:53 – County Jail Not Required To Bargain Solitary Confinement And Use Of Force Policies, Allegheny Cnty. Prison Emps. Indep. Union v. Pa. Lab. Rels. Bd., 2025 Pa. Commw. LEXIS 99 (Pa. Commw. Ct. 2025).

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)

FAQs

00:00:49

What are the limits on fitness for duty exams?

What counts as protected union activity?

Does a high test score entitle you to a promotion?

What happens when a long-standing past practice conflicts with new (or old) contract language?

What’s new with LRIS?

00:01:24

Cases

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

0:01:32  What’s new with LRIS.

0:03:20  Seattle Officers Who Attended Jan 6 Rally Cannot Remain Anonymous, John Does 1, 2, 4, & 5 v. Seattle Police Dep’t, 2025 Wash. LEXIS 86 (2025).

0:15:24  Terminated Firefighter’s “Perceived Speech” Claim Triggers First Amendment Protect ions, Vargas v. City of Tracy, 2025 U.S. Dist. LEXIS 31591 (E.D. Cal. 2025).

0:25:30  Snippy And “Chilling” Email From NJ Administrator To Union President Constitutes ULP, City of Trenton, 51 NJPER ¶ 46 (2025).

0:36:43  NJ PERC Permits Unilateral Change To COs’ Weekend Work Schedules, Hudson County, 51 NJPER ¶ 61 (2025).

Rick and economist Jeremy Crimmel discuss the nation’s economic outlook and what effects tariffs may have on inflation.

Cases:

State Court Confirms Louisiana Police Association’s Right to Engage in Political Activity, La. State Troopers Ass'n v. State Police Comm'n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. Jan. 30, 2025).

Bad Record Keeping Defense Fails For Louisiana Police Chief Caught With Drugs And Cash In Vehicle, State v. Bratton, 2025 La. App. LEXIS 331 (La. Ct. App. 2025).

City Council Permitted To Sue Firefighter For Pursuing Recall Petition After Service Cuts, Waggoner v. Husk, 337 Ore. App. 519 (Or. Ct. App. 2025).

In this month's podcast, Rick discusses an important free speech case involving a fight over a police association's logo and speaks with police defense attorney Lance LoRusso about a use of force case being decided by the Supreme Court.

00:01:41 -- What's going on with LRIS.

00:02:50 -- Union logo free speech case (FOP Pennsylvania State Lodge v. Springfield Township).

00:14:32 -- Lance LoRusso talks about the Blue Line Lawyer Institute and its upcoming Force Forum on May 20-22 in Jekyll Island, Georgia.

00:30:27 -- Rick and Lance discuss a Barnes v. Felix. This use of force case on the Supreme Court's docket is about whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment.

This month's podcast explores the connections between all workers, whether public safety or civilian, federal or state, public or private. Rick Poulson is joined by his colleague Joe Richardson to discuss this with a focus on a recent union-busting case out of Douglas County Colorado.

0: 03:43 – What’s going on with LRIS?

0:06:08 – A bit of labor history, Part 1: The Boston police strike of 1919

0:12:38 – A bit of labor history, Part 2: PATCO strike of 1981

0:25:10 – Joe Richardson introduction

0:28:27 – Case: FOP Lodge 47 v. Douglas County and the Douglas County Sheriff’s Office