Labor Law

NLRB Rules Employers May Prohibit Use of Work Emails For Union Activities

In a major reversal handed down yesterday, the National Labor Relations Board overruled a 2014 decision to hold that employers may prohibit employees from using their work emails for union activities. The case does not involve firefighters and the National Labor Relations Act does not apply to public employees. However...

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.

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.

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.

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.

Washington Appeals Court Rules Staffing Is Bargainable Subject

The Washington Court of Appeals has upheld a ruling by the Public Employment Relations Commission that staffing is a mandatory subject for bargaining when it has “a demonstratedly direct relationship” to firefighter workload and safety. The case involved an interest arbitration between IAFF Local 46 and the City of Everett.

San Antonio Within Its Rights To Limit Firefighters’ Political Activities On City Property

A federal court in Texas has ruled that the City of San Antonio was within its rights to restrict members of San Antonio Firefighters IAFF Local 624 from seeking signatures for two ballot initiatives in 2018 on certain city owned properties. Local 624 sought to have the city’s policies prohibiting political activities declared unconstitutional in violation of the First Amendment.

RI Town Reinstates Lieutenant Fired at Height of Labor Dispute

A Rhode Island fire lieutenant who was terminated last year during a contentious battle between town officials and firefighters, has been reinstated as part of the settlement of a number of outstanding legal issues. The Town of East Greenwich agreed to reinstate Lieutenant Robert Warner. Lt. Warner was terminated for insubordination and conduct unbecoming.

Iowa IAFF Local Sues To Block Police Officers Being Promoted To Fire Officers

Cedar Falls Firefighters, International Association of Firefighters Local 1366, filed suit last week in Black Hawk County District Court to block the city’s attempt to promote 9 police officers into newly created positions of authority within the fire department.

Zipper Clauses, Past Practices, and Discipline Prior to Exhaustion of Appeals

The Court of Appeals of Ohio, First Appellate District has upheld a grievance arbitration decision that found that a fire department breached a collective bargaining agreement when it imposed discipline before an employee’s administrative appeals have been exhausted. The case involved William Tillett, who was a lieutenant with the Anderson Township Fire Department.

Burning Question: Who Controls Grievances and Remedies

Today’s burning question: When proposing a remedy to a grievance in a collective bargaining workplace, does the grievant have full discretion to demand whatever he/she believes is an appropriate remedy? Answer: The grievance belongs to the union, not the individual member.

Two Palm Beach County Captains Claim Their Discipline Violates First Amendment

Two captains with Palm Beach County Fire Rescue have filed suit claiming the department violated their First Amendment rights by disciplining them for their social media posts. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last week.

Houston Prop B Ruled Unconstitutional

In a stunning reversal that has plusses and minuses for both sides, Harris County District Court Judge Tanya Garrison has ruled that Proposition B that mandates Houston firefighters receive parity with Houston police officers, is unconstitutional. The decision was handed down today.

Fired Washington Chief Sues for $1.4 Million

A Washington fire chief who was terminated following a vote of no-confidence by the firefighters’ union, has filed suit claiming breach of contract and violation of his due process rights. Fire Chief David Bathke was fired by the City of Ocean Shores in January

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