Labor Law

Idaho Firefighters Allege Right to Work Law Protects Against Discrimination of Union Officials

Two Idaho firefighters have filed suit claiming they are being harassed and discriminated against by their fire department in violation of the First Amendment and the state’s “right to work” law. Douwe De Boer and Klint Porter filed suit naming the Orchard Combat Training Center Fire Department, the State of ldaho, the ldaho Military Division, and four chief officers.

Court of Appeals Strikes Down Palm Beach County Social Media Policy

The US 11th Circuit Court of Appeals has ruled that a social media-related First Amendment lawsuit filed by two Palm Beach County fire captains may proceed, reversing a district court ruling from 2020. In doing so the court struck down the fire department’s social media policy as being a prior restraint on employee speech.

Fire Law Roundup – February 21, 2022

In this episode, Curt reviews a lawsuit filed by several Massachusetts firefighters that blames AFFF and PPE manufacturers for their cancers; a ruling in an overtime lawsuit in Reading, PA; a decision that a city does not have to providing ...

Due Process Not Violated When Union Declines to Arbitrate Firefighter’s Termination

The US District Court for the District of Massachusetts has handed down an important decision on the intersection of a public employee’s due process rights and the union’s right as the exclusive bargaining agent to refuse to process a grievance to arbitration.

Firefighter Sues Fire District And Union Over Terminal Leave Benefit

A firefighter with the Eastchester Fire District who retired last year, has filed suit against the district and Eastchester Professional Firefighters, IAFF Local 916 claiming both are responsible for depriving him of a terminal leave benefit that would have given him two additional months of pay. Kevin Stewart filed suit in US District Court alleging a violation of the NLRA.

NY Appeals Court Upholds Staffing as Bargainable for Firefighters

The Appellate Division of the New York Supreme Court has ruled that minimum staffing is a bargainable subject that relates to the safety of firefighting personnel, not an illegal job-security clause. The case involves an effort by the City of Ogdensburg to block the grievance arbitration of the city’s unilateral reduction in shift staffing for the Ogdensburg FD.

St. Paul Firefighters Get Restraining Order Against Vaccine Mandate

St. Paul Firefighters, IAFF Local 21 has obtained a temporary restraining order against the city’s enforcement of its vaccine mandate. The firefighters’ lawsuit, similar to one filed by the union representing St. Paul police officers, contends that enforcement of the vaccine mandate violates the state’s collective bargaining laws.

Detroit Firefighter’s Union Treasurer Pleads Guilty To Stealing Over $200k

The treasurer for the Detroit Firefighters Association, IAFF Local 344, pled guilty to stealing over $200,000 in union funds. Verdine Day, 62, entered the plea before District Judge George Caram Steeh last week. She is facing up to thirty-years in prison.

Texas Court of Appeals Upholds Houston Pay Parity

A three-judge panel from the Texas 14th Court of Appeals has ruled in favor of Houston Professional Fire Fighters Association, IAFF Local 341 in their ongoing battle over the constitutionality of a pay-parity referendum enacted by voters in 2018.

Las Vegas Firefighter Alleges Retaliation For Reporting Sexual Misconduct

A Las Vegas firefighter who reported another firefighter for engaging in sexual misconduct in the firehouse in 2017, has filed suit against the city and IAFF Local 1285 alleging retaliation and breach of the union’s duty of fair representation. Eric Scheumann filed suit today in US District Court for the District of Nevada.

Text of National Firefighter & EMS Collective Bargaining Bill Released

Congress has released the text of a bill introduced in the House and more recently in the Senate that would “provide collective bargaining rights for fire fighters and emergency medical services personnel employed by States or their political subdivisions.”

NJ Supreme Court Upholds Arbitration Award as “Reasonably Debatable”

The Supreme Court of New Jersey handed down a decision today upholding a grievance arbitration award requiring the Borough of Carteret to pay lieutenants who act as captain at the captain’s rate of pay. The decision reverses an appellate division that found the arbitrator "engrafted terms” not agreed to by the parties.

Court Blocks Wilmington’s Move From Four Shifts to Three

A Delaware court has overturned an interest arbitration ruling that would have allowed the City of Wilmington to implement a three-platoon schedule for its firefighters as opposed to the four platoon schedule they had been working.

Bill Introduced in Senate to Allow Collective Bargaining For Firefighters and EMS Nationwide

Colorado Senator John W. Hickenlooper and New Hampshire Senator Maggie Hassan have co-sponsored a bill that would "provide collective bargaining rights for fire fighters and emergency medical services personnel employed by States or their political subdivisions."

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