LRIS on 06/07/2024

No Back Pay Where Reinstated Correctional Officer Failed To Mitigate Damages

David Foriska is a correctional officer working at Allegheny County Jail in Pennsylvania. Foriska was terminated for alleged misconduct, and reinstated on September 16, 2018, pursuant to an arbitrator’s order. The award also provided that Foriska “shall be made whole for any and all losses, includin

LRIS on 06/07/2024

Court Enforces Settlement Agreement Over Firefighters’ Longevity Pay

In December 2022, firefighters for the City of Biloxi, Mississippi sued the City for withheld longevity payments in violation of the FLSA. In May 2023, the parties reached a tentative settlement agreement that the City would reinstate longevity payments to all City firefighters beginning on October

LRIS on 06/07/2024

City Wrongly Offered OT Shifts To Patrol Officers Before Patrol Sergeants

The Ohio Patrolmen’s Benevolent Association (PBA) is the exclusive bargaining representative for captains and sergeants in the City of Parma Heights, Ohio. The City’s patrol officers are in a separate bargaining unit and represented by a different union. The PBA and the City bargained a contract spa

LRIS on 06/07/2024

Legal Holidays Compensable For WV Firefighters

In June 2019, 54 current and former firefighters employed by the City of Morgantown, West Virginia sued the City regarding their compensation for legal holidays under § 10a of West Virginia Code. The Legislature adopted § 10a to provide firefighters with “enhanced benefits.” It provides that if a fi

LRIS on 06/07/2024

Federal Appeals Court Rejects Officers Challenge To Placement On Giglio List

Manuel Adams had an 18-year career with the Hanrahan Police Department (HPD) in Hanrahan, Louisiana, eventually reaching the rank of captain. He had an unblemished disciplinary record during his tenure with HPD. But that changed in October 2019, when HPD Chief of Police Robert Walker determined that

LRIS on 06/07/2024

City Lawfully Refused To Turn Over Documents During Contract Negotiations

On September 1, 2021, Geoffrey Stone, president of the International Association of Fire Fighters, Local 319, sent a request for information to Patrick Hopkins, a business administrator for the City of Lancaster, Pennsylvania. On behalf of the Union, which represented the City’s 74 fire bureau emplo

LRIS on 05/10/2024

Arbitration Award Upheld, Granting Disability Benefits To CO

Justin Kerschner began working as a Corrections Officer in 2012, most recently at the State Correctional Institution at Frackville, Pennsylvania (SCI-Frackville). Kerschner was a member of the Pennsylvania State Corrections Officers Association (PSCOA), which maintained a collective bargaining agree

LRIS on 05/10/2024

LEOSA Trumps NJ Statute Limiting Retired Officers’ Carry Rights

The Law Enforcement Officers Safety Act (LEOSA) is a federal statute which sets forth requirements for qualified retired law enforcement officers to concealed-carry firearms throughout the United States. LEOSA specifically provides that “notwithstanding any other provision of the law of any State or

LRIS on 05/10/2024

Criminal Charges Quashed Against Deputy After Detainee Died In Custody

Ryan Chapman is a Deputy in the Caddo Parish, Louisiana Sheriff’s Office (CPSO). In March 2021, CPSO received a tip about the whereabouts of Chad Deloach, a wanted felon with an active arrest warrant. Chapman and two other deputies arrived at the location where Deloach was said to be hiding and saw

LRIS on 05/10/2024

Police Officer’s First Amendment Retaliation Claim Fails

Stanley Mason worked as a police officer with the City of Waco, Texas Police Department for about 25 years until his resignation in 2019. Beginning in 2016, he hosted a Facebook Live broadcast, and later a radio blog, called “Behind the Blue Curtain,” covering topics related to policing. In June 201

LRIS on 05/10/2024

Weingarten Rep Should Have Been Allowed To Caucus With Member During Interview

Robert Hendricks is the local vice president of the Pennsylvania State Corrections Officers Association (PSCOA) at Progress Community Corrections Center (PCCC). In February 2021, Lieutenant Allen Lynch summoned Corrections Monitor Jason Henry to an investigative interview regarding allegations of ra

LRIS on 05/10/2024

Court Affirms $2 Million Verdict In Officer’s Discrimination Claim

Kenneth Hagel was a police officer in the Borough of Sea Girt, New Jersey Police Department. He began working full-time at the Department in 1993, while also working as a Navy reservist. Hagel was required to attend training in his capacity as a reservist, and the Department covered his absences wit

LRIS on 05/10/2024

Arbitrator Ordered To Hold Additional Hearing On Contract Interpretation Issue

Piscataway Township and the Policemen’s Benevolent Association Local 93 are parties to a CBA covering the employment of Township police officers. The CBA includes the following policy regarding usage of personal days: “Each Employee shall be allowed four personal days in each calendar year of this A

LRIS on 05/10/2024

Employer Acted In Bad Faith By Implementing New Contract Too Slowly

The Metropolitan Police Department of Washington, D.C. and the Fraternal Order of Police negotiated a contract spanning October 1, 2020, through September 30, 2023. That contract included (1) new disciplinary policies; (2) annual wage increases; (3) base retention differentials, which functioned muc

LRIS on 05/10/2024

Q & A

From Washington:Question: To what extent does “other duties as assigned” allow an employer to go? Is this all encompassing or what are the limitations? We hear this question a lot from our guild members and other officers from other agencies. Administration seems to think its a broad stroke and they

LRIS on 04/12/2024

Court Upholds Award Of Retroactive Sick Leave Benefits For COs

Berks County in Pennsylvania and Teamsters Local 429 were parties to a collective bargaining agreement, which covers Berks County Jail correctional officers and maintenance employees and expired on December 31, 2019. When negotiations over a successor agreement failed, the parties proceeded to bindi

LRIS on 04/12/2024

City Not Liable To Victims Of Retired Police K-9 Attack

Alex Geiger began working as a police officer in Exeter, California in 2014. In 2015, he began working as a canine handler under the supervision of Sergeant Brett Inglehart. The City purchased a Belgian Malinois named Neo, and provided Geiger with a kennel, a food dish, a special patrol car, and oth