Some of the case digests do not have a link to the full opinion.
• Cases that have a Lexis or Westlaw citation can be retrieved, for a fee, via Internet.
• Most Federal District Court opinions can be accessed via PACER. Registration is required; nominal fees
• BNA arbitration awards can be obtained for a fee, from BNA Plus
• Some of our links are to cases on the FindLaw website. Registration is required; no fees.

Arbitration Procedures

     Reversing a lower court, a California appellate panel revives an arbitration award. The arbitrator had ordered the reinstatement of a city employee accused of sexual harassment because the collective bargaining agreement required disciplinary action to be implemented within six months of learning of the alleged misconduct, and the city did not act in time. City of Richmond v. SEIU, L-1021, #A127492, 2010 Cal. App. Lexis 1827 (2010).

Bargaining Unit Determinations

     Illinois appellate court affirms a state labor board decision to allow airport security sergeants to join the same union as airport security officers, but in a separate unit. The issue was not whether a separate unit or a separate union is more appropriate, but whether a separate union is appropriate. Illinois Council of Police v. Illinois Labor Rel. Bd., #1-09-1859, 2010 Ill. App. Lexis 1049.

Collective Bargaining - In General

     National Labor Relations board, in a precedent-setting action, challenges the termination of a private sector employee who was discharged for posting unflattering remarks about her superior in her Facebook web page. Section 7 of the Taft-Hartley Act protects a worker's right to engage in union or concerted activities. NLRB Region 34 v. American Medical Response of Connecticut, #34-CA-125767 (Complaint filed 10/27/2010). NLRB Press Release.

• See AELE Monthly Law Journal articles, Bulletin Boards (Jun. 2010) and Online Networking, Texting and Blogging by Peace Officers (Apr. 2010).

Criminal Liability

     Illinois Supreme Court overturns an official misconduct conviction of a police dispatcher who tipped off a man who was charged in a cocaine case. Although her actions violated agency regulations, it was not illegal to disclose the information. People v. Williams, #108947, 2010 Ill. Lexis 1556, affirming 910 N.E.2d 1272.

Disciplinary Appeals & Challenges- In General

     Second Circuit rejects racial bias and retaliation claims raised by a terminated sheriff's employee. Her claims were dismissed in a parallel action in state court, and the doctrine of res judicata bar her federal action. Sheffield v. Sheriff of Rockland Co., #08-0840-cv, 2010 U.S. App. Lexis 19683 (Unpub. 2nd Cir.).

Disciplinary Interviews & Compelled Reports
- Weingarten Rights

     Illinois appellate court holds that a union employee has a right to both advance notice about the subject matter of a disciplinary interview and a pre-interview conference with a union representative. However, neither she nor her union representative ever requested notice of the subject matter of the interview, and notice of the subject matter of the interview was therefore waived. Illinois St. Toll Hwy. Auth. v. Illinois Labor Rel. Bd. (Williams), #2-09-0763, 2010 Ill. App. Lexis 1189.

Disciplinary Procedures - In General

     Although an employer has agreed to expunge a disciplinary matter from an official personnel file, it may retain documents in a separate litigation file. An agency "is entitled to maintain a separate litigation file containing documents that were expunged from [an] official personnel file so that ... the agency can respond to subsequent claims regarding its compliance with the settlement agreement." Perrine v. Dept. of Veterans Affairs, #2010-3103, 2010 U.S. App. Lexis 20603 (Unpub. Fed. Cir.).

     A sheriff's merit service commission improperly dismissed charges against an employee before receiving evidence of her alleged misconduct. Walsh v. Champaign County, #4-10-0194, 2010 Ill. App. Lexis 1188 (4th Dist.).

Disciplinary Punishment - In General

     Appellate court sustains an arbitration award reducing a fire inspector's termination to a disciplinary suspension. Although he allegedly had been "informally counseled" for similar conduct, there was no record of disciplinary action to reflect that. Summary termination violated the "progressive discipline principles reflected in the governing labor agreement." City of San Jose v. IAFF L-230, #H034726, 2010 Cal. App. Unpub. Lexis 8812.

FLSA - Overtime - in General

     Eleventh Amendment bars overtime lawsuits brought against state agencies. Keeler v. Fla. Dept. of Health, #10-10987, 2010 U.S. App. Lexis 19912 (Unpub. 11th Cir.).

Family, Medical & Personal Leave

     Changes to FMLA for federal workers. Revised rules would allow up to 12 weeks of unpaid leave if a family member is on active duty in the Armed Forces or has been notified of an impending call. Qualifying Exigency Leave, 75 (223) Federal Register 70845-70850 (Nov. 19, 2010).

Financial & Personal Disclosure Requirements

     White House revises Executive Order No. 13279 (2002) to require more transparency in funding. Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations (Nov. 17, 2010).

Genetic Privacy & Testing

     Equal Employment Opportunity Commission issues final regulations, 75 Fed. Reg. 68912 (Nov. 9, 2010), implementing the Genetic Information Nondiscrimination Act of 2008.

Handicap Laws / Abilities Discrimination
- Accommodation - General

     EEOC affirms a $150,000 award plus attorney's fees for the family of a deceased TSA Instructor who was involuntarily given a disability retirement, because of a physical inability to work as a airport screener. His duties as an instructor did not require long hours of standing. Est. of Roop v. Napolitano, #0720090056, 2010 EEOPUB Lexis 3342.

Handicap Laws / Abilities Discrimination
- TDD/Sign Language & Physical Barriers

     Four deaf boys lose an ADA suit. Although there were no sign language interpreters in an emergency decontamination tent, they received sufficient information by gesturing, lip reading, writing, and limited sign language. Loye v. County of Dakota, #09-3277, 2010 U.S. App. Lexis 23630 (8th Cir.).

Injuries to Employees

     95.1 percent of 10,563 eligible World Trade Center responders have agreed to share in a $712.5 million settlement. It establishes four compensation tiers, based on the severity of injuries they sustained arising from their response to the 9/11 terrorist attacks. In re World Trade Center Litigation, #1:2021mc00100 (S.D.N.Y.).

National Origin Discrimination

     Fifth Circuit rejects a national origin discrimination suit filed by a furloughed city employee. The plaintiff failed to adduce any evidence that he applied for positions for which he was qualified and for which he was not hired. Okpala v. City of Houston, #10-20175, 2010 U.S. App. Lexis 20446 (Unpub. 5th Cir.).

Occupational Safety & Disease

     California appellate court rejects a statutory presumption, and finds that a deputy sheriff's Burkitt's lymphoma was not related to any carcinogens to which he was exposed as an officer. Sameyah v. L. A. Co. Empl. Ret. Assn., #B222290, 2010 Cal.App. Lexis 1971.

Race Discrimination - In General

     Seventh Circuit reduces a verdict for racial bias against a black EMT. "...we conclude that the $500,000 award is excessive in this case in light of the circumstances, including that [the plaintiff] was placed on probation with no change to his compensation and the nature of [his] emotional distress, which ... does not warrant a half-million dollar award. A remittitur to $250,000 will keep this award within rational bounds and in line with other cases." Thompson v. Mem'l Hosp. of Carbondale, #07-2249, 2010 U.S. App. Lexis 22909 (7th Cir.).

Retaliatory Personnel Action

     Jury awards a former Los Angeles police officer nearly $4 million in his case against the LAPD, finding that the officer was fired in retaliation for testifying against the department in a labor dispute. Romney v. Bratton, #BC 411532 (L.A. Co. Super. 11-02-2010); companion case, Romney v. City of L.A., #2:09-cv-0304 (C.D. Cal.).

     Fourth Circuit resurrects a retaliation suit filed by two former corrections officers. A lieutenant had filed an EEO discrimination complaint, which was backed by the other two officers. The lieutenant was fired for supervision failures and the two officers were fired for falsified inmate counts. The lieutenant was reinstated and settled his claims against the county. Although the termination of the two officers was set aside, they were not barred from pursuing retaliation claims against their superiors in their personal capacities. Brooks v. Arthur, #09-1551, 2010 U.S. App. Lexis 23840 (4th Cir.).

Retirement Rights and Benefits

     Voluntary overtime compensation earned by a California deputy sheriff was not part of his regular wages and need not be included for purposes of computing retirement benefits. Sheldon v. Marin Co. Empl. Ret. Assn., #A124912, 2010 Cal. App. Lexis 1809.

Stress Related Claims and Defenses
- Disciplinary Action - Punishment

     In a case where a NOPD officer was fired for not giving an I-A statement due to acute stress, the Civil Service Cmsn. ordered reinstatement. If management believed that the officer was a malingerer, it should have followed its own procedures and instructed the officer to present himself for a medical examination by a doctor of the city's choosing. Reinstatement was conditioned on a qualifying medical exam.

     On appeal, a three-judge panel affirmed, writing that "in light of the evidence that [the officer] suffered from a debilitating psychological condition that prevented him from performing his duties as a police officer, it does not appear that the CSC abused its discretion or acted in an arbitrary or capricious manner in conditioning the officer's return to duty on a medical clearance." Allen v. Dept. of Police, # 2009-CA-1375, 2010 La. App. Lexis 1112 (4th Cir.).

Training Rights, Requirements and Cost Reimbursement

     Ninth Circuit enforces a training contract requiring a police officer repay 80% of her $8,000 training cost. She resigned before completing her fifth year of service. Although the FLSA applied, she was paid substantially more than the minimum wage. Gordon v. City of Oakland, #09-16167, 2010 U.S. App. Lexis 23803 (9th Cir.).

• See AELE Monthly Law Journal article, Training Reimbursement Contracts (Mar. 2007).

Transfers - Disciplinary or Punitive

     Third Circuit rejects a retaliation suit against a city police officer who reported possible misconduct to state officials. She was transferred to the property room, without any loss of pay. "Plaintiff's transfer and the alleged comments and behavior directed towards her do not amount to punitive conduct that would deter a person of ordinary firmness from exercising her free speech rights, and ... the lack of adverse employment action was fatal to [her] claims. Revell v. City of Jersey City, #09-4207, 2010 U.S. App. Lexis 19407 (Unpub. 3rd Cir.).

• Return to the Contents menu.

• Report non-working links here

Disabilities:
• Article: Physical Injuries, Pain, and Psychological Trauma: Pathways to Disability, 3 (3) Psychological Injury and Law (Springer) 241-253, DOI: 10.1007/s12207-010-9086-8.

Reference:
• Abbreviations of laws, law reports and agencies used in our publications.
• AELE’s list of employment law resources

Report non-working links here


CROSS REFERENCES

AELE Seminars:

Jail and Prisoner Legal Issues
Operational and Administrative Issues
Jan. 10-12, 2011
Security and Incident Liability
Mar. 7-9, 2011

 Search the Case Law Digest