Orders, Insubordination, Grievances and Protection

Today’s burning question: Are there any cases that address a supervisor giving an "order" that contradicts benefits/privileges secured in a collective bargaining agreement? I mean, can a supervisor give a subordinate an order that violates the collective bargaining agreement? I have been searching everywhere for such a case but cannot find one.

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Burning Question on Salary and Shift Work

Today’s burning question: Can a firefighter who works 24 hours-on, on 48 hours-off be put on salary? Answer: There are so many issues within your question. The first point has to do with your use of the term salary. A salary is simply one way an employee can be paid. Employees can be paid...

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FDNY Ambulance Delay and NY Special Duty Rule

A lawsuit brought by the husband of a woman who died when an FDNY ambulance responding to her apartment was flagged down by police officers for another incident, has survived its first challenge, courtesy of the special duty rule. The case dates back to April 11, 2014, when Michael Mannino called 911 for Carmen Mannino.

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Arbitrator Reinstates Omaha Union President

An arbitrator has ordered the reinstatement of Omaha Firefighters IAFF Local 385 President Steve LeClair. LeClair had been terminated earlier this year following an off-duty incident. The arbitrator found that the city lacked just cause to terminate LeClair, while acknowledging his conduct warranted some discipline.

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NJ Firefighter Alleges Race Discrimination

A New Jersey firefighter who claims he was subjected to “severe and pervasive” race discrimination culminating in his being passed-over for promotion, has filed suit against his fire chief and the city. Chris Williams filed suit against the City of Vineland and Fire Chief Luigi Tramontana in September.

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Mass Firefighter Sent for Psych Eval Sues for $2 Million

A Massachusetts firefighter who claims he was retaliated against and ordered to go for a psychiatric evaluation for complaining the town was not properly compensating military reservists, has filed suit against the town, the fire chief, the HR director and the town manager.

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Atlanta Expose Into EMS Dark Humor Facebook Groups

An Atlanta area television station has been investigating EMS personnel sharing images and information protected by medical confidentiality laws in social media. Channel 11’s investigation into former Grady Hospital paramedic Amanda Courtright has widened to other EMS services around the country.

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Court: Union Can Settle Firefighter Discipline Case

The US District Court in Eastern Washington has concluded that a firefighter’s due process rights are not violated by a union settling a disciplinary matter against him, even if the agreement waives his right to appeal. The case involved a disciplinary investigation in the Spokane Fire Department into allegations of harassment and bullying.

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Burning Question on FLSA, Hours Worked, and Training

Today’s burning question: If a firefighter is given their scheduled shift off to attend training, do we count the hours that the firefighter was scheduled to work as time worked for overtime purposes? If a firefighter is scheduled to work 240 hours in a 28-day work period, and the department gives the firefighter two 24-hour shifts off to attend a class, is the firefighter still entitled to 28 hours of overtime for that work period?

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Mass Firefighter’s Termination Upheld

A Cambridge firefighter who was suspended during his first year and then fired after the one-year anniversary of his appointment to the department, has lost his appeal to Suffolk County Superior Court that claimed he was a tenured employee. Joseph Andrade was hired by the Cambridge Fire Department on March 13, 2016

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