Labor Law

Five dual function EMT-firefighters with the District of Columbia Fire and Emergency Medical Services have filed a class action lawsuit alleging that the city has reneged on pension-related promises. The complaint seeks to require the city to comply with its contractual and statutory pension obligations, as well alleging the city was motivated in denying them their benefits due to their race and gender.

Read More »

A Denver firefighter who was placed on light duty and later granted a disability pension following an injury to his hand, has filed suit against the city and IAFF Local 858 claiming they conspired to violate his rights. David Perez filed suit earlier this year in Denver County District Court. The city removed the case to US District Court.

Read More »

An Arizona firefighter who was terminated last November, has filed suit claiming the city’s stated reason for firing him was a pretext to retaliate against him for his union activities. Shannon Glynn filed suit against the City of El Mirage and its fire chief alleging violations of the Arizona Employment Protection Act, the Arizona Public Safety Employees Act, the FLSA, and his Constitutional rights.

Read More »

A Colorado Springs firefighter who is facing criminal charges following a fatal apparatus accident last October, will have to pay for his own legal defense. Wesley Cosgrove was hoping the city would provide a defense attorney, but the Colorado Springs City Council voted 6-2 to deny his request.

Read More »

The Texas Court of Appeals has ruled in favor of Austin Firefighters IAFF Local 975 in a suit brought by self-proclaimed government “watchdogs” who alleged that granting union officials paid time off violates the Texas Constitution. The suit was brought in 2016 by two Austin residents with the support of two watchdog groups.

Read More »

A lawsuit filed by a Buffalo firefighter who was fired for using medically prescribed marijuana, has been settled for $242,000. Scott Martin, a 12-year veteran of the department, was terminated on February 23, 2021. He is also an Air Force veteran who served in both Iraq and Afghanistan.

Read More »

An additional lawsuit has been filed over the Kansas City fatal apparatus accident, this time by the apparatus driver, IAFF Local 42, and the plaintiffs in the three prior lawsuits, claiming the city is responsible for the $32 million judgment that was awarded against the apparatus driver. There is a lot to unpack with this one as a high stakes strategic chess match is underway.

Read More »

In this episode of Fire Law Roundup for October 31, 2022, Brad and Curt discuss a ruling that dismissed claims against four Oklahoma City firefighters who were accused of violating a patient’s civil rights by restraining him; a decision by ...

Read More »

The Massachusetts Court of Appeals has ruled that the promotional process for fire chief is not a mandatory subject for bargaining, meaning that the city is under no obligation to bargain with the union over the process. That ruling came is an appeal from a ruling by the Massachusetts Employment Relations Board.

Read More »

The New York Court of Appeals has ruled that fire departments must bargain over the procedures used to terminate firefighters who have been on an extended work-related injury leave status. The case involved a Long Beach firefighter, Jay Gusler, who was terminated in 2015 after an extended injury-related leave.

Read More »

In this episode of Fire Law Roundup for October 24, 2022, Brad and Curt discuss a lawsuit challenging the termination of a union president from Massachusetts for wearing his dress uniform to a firefighter funeral, a Virginia Beach firefighter facing ...

Read More »

A Massachusetts fire lieutenant and union president who was fired in April, has filed suit in conjunction with his union alleging the city’s action violates the First Amendment. Lieutenant William S. Taylor was fired by the City of Marlborough, in large measure because he wore his Class A uniform to the funeral of a firefighter.

Read More »

The Ohio Court of Appeals has upheld a $1,631,290.04 award against the City of East Cleveland for violating the minimum staffing requirement in the collective bargaining agreement with East Cleveland Firefighters, IAFF Local 500. The case dates back to 2016 when the city began refusing to honor the ten-person minimum on-duty requirement.

Read More »

The City of Warwick has filed suit against Warwick Firefighters, IAFF Local 2748 claiming that certain current and retired firefighters owe the city $385,000 in overpayments that the city allegedly made back in 2013. The payments were reportedly made pursuant to a memorandum of understanding that was never duly ratified by the city council and signed by the mayor.

Read More »