Labor Law

Can a Union Waive A Firefighter’s Right To Appeal Discipline?

Today’s burning question: Can a union agree to waive a firefighter’s right to appeal as part of reaching a settlement of disciplinary charges against the firefighter? Doesn’t that deny the firefighter’s right to due process? Answer: Yes the union can and no it does not violate due process!

Read More »

Tampa Firefighters Sue to Enforce Arbitrator’s Award

Tampa Firefighters, IAFF Local 754, filed suit last week to confirm an arbitration award ordering the reinstatement of a firefighter who was terminated last year. The firefighter was terminated following his arrest on charges of solicitation. He was off-duty at the time, but in uniform.

Read More »

FDNY EMS Workers Claim Retaliation For Speaking to Media

Four FDNY EMS workers and their union have filed suit against the City of New York and Fire Commissioner Daniel Nigro claiming they were retaliated against for speaking to the news media. AFSCME Local 2507, Elizabeth Bonilla, Alexander Nunez, Megan Pfeiffer, and John Rugen filed suit in federal court.

Read More »

City Sues Firefighter Union for Improperly Negotiating Benefits With Council

An Indiana city is suing the firefighters union claiming that benefits negotiated with the city’s Common Council are improper. City of Mishawaka filed suit against the Mishawaka Professional Firefighters Union claiming that since the city’s executive branch was “improperly excluded” from the negotiations of certain benefits, they are not enforceable.

Read More »

Syracuse Firefighters Prevail Over Right to Bargain Discipline

Syracuse Firefighters, IAFF Local 280, won an important victory last week in terms of maintaining their right to bargain over disciplinary matters. The city took the position that under recent case law, disciplinary matters were exempted from bargaining under the state’s Second Class Cities Law.

Read More »

Burning Question: Limiting Off-Duty Work Amid The Covid-19 Pandemic

Today’s Burning Question: Amid the pandemic we are facing my department has instituted new orders to prepare for the near future. Many of our firefighters serve at surrounding fire departments as part-time members. Can the department place restrictions on their off-duty work? Answer: In ordinary times, a fire department that seeks to limit the outside employment of off-duty members faces a number of hurtles.

Read More »

LA Court Rules Firefighters Cannot be Ordered to Work in Higher Rank

Louisiana’s Fifth Circuit Court of Appeal has upheld a trial court ruling that firefighters in Kenner cannot be ordered to work “out of class”. The case was brought in 2019 by Firefighter Brian Drumm, an apparatus operator, on behalf of all firefighters similarly situated and Kenner Firefighters IAFF Local 1427.

Read More »

Fire District Settles Trademark Infringement Suit With Union

A lawsuit filed by an Oregon fire district seeking to block the firefighter’s union from using the department’s trademarked and copyrighted logos, has been settled. The Mid-Columbia Fire & Rescue filed suit against Mid-Columbia Firefighters Association, IAFF Local 1308 last September.

Read More »

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.

Read More »