Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: Loudermill v. Cleveland Board of Education

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.

At Will, Due Process and Just Cause

Today’s burning question: Does Loudermill apply in states that are “at-will”? Our city administrator said a prominent HR attorney told her that due process, progressive discipline, and a Loudermill hearing process does not have to be followed in our state because we are “at-will”. Answer: There is alot of confusion over this issue and well-intentioned attorneys who oversimplify the complexity of the law are not necessarily helpful.

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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