Happy Veteran’s Day and thank you to all who served.

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.

The Cases:

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.

This month’s cases:

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.

This month’s cases:

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.

This month’s cases:

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.

This month’s cases:

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.

This month’s cases:

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).
• County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff’s Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).

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).

Welcome Rick Poulson to the LRIS First Thursday Podcast!

April’s First Thursday podcast is a special two-person affair as LRIS Executive Director, Rick Poulson, joins Will as cohost. Rick talks about his background, how he became a labor attorney, and helps Will break down this months cases.

Cases:

Burden Of Proof Is On Employer To Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024).
Related case: State v. Jackson.

Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).

State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024)

‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023).

Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.).

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

When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).

Good news on the economy and inflation

• The Bureau of Labor Statistics CPI data
• From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery

This month’s cases

• Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023)
• Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023)
• Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023)
• What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).