It is a “well-established principle in New York that out-of-title work creates no automatic right to reclassification.” Lake City Police Club v City of Oswego, #807 CA 06-00160, 31 A.D.3d 1159, 2006 NY Slip Op 05442, 818 N.Y.S.2d 703, 2006 N.Y. App. Div. Lexis 9032.
     N.Y. court determines that the act of reclassifying all other fire captains as deputy chiefs except the plaintiff, a disabled captain, was actually an unlawful demotion. Gresis v. Fairview Fire Dist., #06-22250, 2007 NY Slip Op 27018, 2007 N.Y. Misc. Lexis 122 (Sup. Westchester Co. 2007). [N/R]
     Arbitrator sustains a union grievance after a dispatcher volunteered to perform clerical work for $3 an hour less pay. A member of a bargaining unit cannot make a side deal with the employer. City of Fairbanks and Public Safety Employees Assn., 121 LA (BNA) 978 (Savage, 2005). [2006 FP Jan]
     Maryland appellate court affirms a ruling of an Administrative Law Judge who found that two correctional support staff members were misclassified at a lower paying position. Back pay and reclassification is a proper remedy exercised by ALJs. Myers v. Dept. of Pub. Safety and Corr. Svcs., #426, 873 A.2d 1255, 2005 Md. App. Lexis 50 (Md. Spec. App. 2005). {N/R}
     OPM revises its 1991 federal firefighter standards to recognize EMT, hazmat and structural firefighting duties. Position Classification Standard for Fire Protection and Prevention Series, GS-0081. {N/R}
     Texas Supreme Court upholds a reclassification of various jobs from sworn officer to civilian. Changes in status or forced transfers did not breach a duty of good faith. Midland (City of) v. O'Bryant, #97-0954, 18 S.W.3d 209, 2000 Tex. Lexis 64, 43 Tex.Sup.J. 884, 16 IER Cases (BNA) 726. [2001 FP 40]
     In-house firefighters are not guards within meaning of the federal Labor-Management Relations Act, even thought they have with security-related responsibilities, including building tours, where the essence of their responsibilities is to monitor property for fire and safety risks. Boeing Co and IAFF, #19-RC-13151, 328 N.L.R.B. 128, 1999 NLRB Lexis 298, 166 LRRM (BNA) 1306, 328 NLRB No. 25. {N/R}.
     Reclassified civil servants do not have an implied right to revert to their former classified positions if laid off. A city has no duty to warn a worker of possible consequences. Watts v. Oakland Civ. Serv. Bd., #A075649, 1997 Cal.App. Lexis 993. [1998 FP 10-11]
     It was not unlawful to create a civil service position called “temporary full-time permanent intermittent police officer,” even though temporary and permanent imply conflicting meanings. Board of Selectmen v. Civil Serv. Cmsn., 37 Mass.App. 587, 641 N.E.2d 714 (1994). {N/R}
     In a 4-to-1 decision, an appellate court concluded that the dangerous, life threatening nature of the work performed by deputy sheriff sergeants and lieutenants makes it inconceivable that positions in the Sheriff's Dept. and the Corrections Dept. could be comparable. Butler v. Walter, 210 A.D.2d 941, 620 N.Y.S.2d 673, 1994 N.Y. App. Div. Lexis 13415 (A.D. 1994). {N/R}
     NY appellate court sustains a sheriff's right to involuntarily transfer a detective to other functions, absent a formal classification of those positions. Barresi v. Mahoney, 597 N.Y.S.2d 417 (A.D. 1993). [1994 FP 42]
     City did not violate the civil rights of police detectives by reclassifying them as corporals without diminishment of wages. Coday v. City of Springfield, 929 F.2d 666 (8th Cir. 1991). [1992 FP 118-9]
     City could fill certain division commander positions with civilian employees, and did not have to promote or assign sworn personnel who traditionally held these posts. City of Houston v. Lee, 762 S.W.2d 180 (Tex.App. 1988).
     Transfer of lieutenant from administrative duties to shift commander was a nonreviewable and discretionary change of detail. Sellstrom v. City of Rye, 533 N.Y.S. 304 (A.D. 1988).
     Court could transfer jail from sheriff's dept. to newly created dept. of detention. Deputy sheriffs assigned to jail duties would lose status as law enforcement officers. Beck v. County of Santa Clara, 251 Cal.Rptr. 444, 204 Cal.App.3rd 789 (1988).
     Police reserve officer awarded $531,000 in suit against superiors for requiring him to continue on undercover assignment. (Douglas) Seymour v. (Capt. Michael) Tyler, Super. Ct. San Diego Co., Cal. (May 9, 1988) -- as reported in the San Diego Tribune, Pp. B-1 & 2, May 10, 1988.
     Sheriff could establish dual career path for corrections and road patrol; union could not require county to retain prior system that promoted corrections officers to road patrol. Kent Co. Sheriffs Assn. v. Co. of Kent, 826 F.2d 1485 (6th Cir. 1987).
     Police officer who tested THC positive could be disarmed and reassigned to other duties pending disposition of internal investigation. Shamley v. City of Chicago, 2 IER Cases (BNA) 1236, 516 N.E.2d 646 (Ill.App. 1987).
     Paramedic, not trained as a firefighter, not eligible for workers" comp benefits under firefighters" heart law. Lansford v. Broward Co. Cmsnrs., 485 So.2d 845 (Fla. App. 1986).
     Deputy sheriffs are not police officers for bargaining purposes merely because they perform some similar duties. Allegheny Co. Dep. Sheriff's Assn. v. Comm. of Penn. Labor Rtlns. Bd., 504 A.2d 437 (Pa. Cmwlth. 1986).
     No right to extra pay for assignment to specialized duties previously staffed by superior officers. Atkins v. City of Knoxville, 658 S.W.2d 122 (Tenn. App. 1983).
     Police officer could be reassigned from desk to field; mere fact civilians would work unsupervised did not violate contract. City of East Detroit and Police Officers Assn. of Michigan, Mich. Emp. Rel. Cmsn. #C81-H-296. PBC (CCH) ¶ 43,389.
     Chief of department, not mayor, should decide which subordinate will perform a designated duty. Gabriel v. Mayor of Fitchburg, 439 N.E.2d 841 (Mass App. 1982).
     Transfer to detective position not necessarily a promotion entitling pay increases. Aydlette v City of Virginia Beach, 286 S.E.2d 153 (Va. 1982).
     City park rangers are not police officers in Texas. City of Fort Worth v. Hernandez, 608 S.W.2d 826, 1980 Tex.App. Lexis 4130 (Tex. Civ. App.), aff'd 617 S.W.2d 923 (Tex. 1981).
     City could change certain employees from four 10-hour days to five 8-hour days without violating labor contract. City of Dover, N.H. and Dover Prof. Fire Officers Assn., AAA Case #1139-1578-81 (Fraser, 1981).
     Arbitrator upholds right to trade shifts and assignments. City of Little Rock, Ark. and Firefighters L-34, 81-2 ARB ¶ 8411, 1981-82 PBC ¶ 45,403 (Bernstein, 1981).
     Male inmate cannot bar female correctional employee from passing cell door in daily routine. Avery v. Perrin, 473 F.Supp. 90 (D. N.H.); Hudson v. Goodlander, 494 F.Supp. 890 (D. Md. 1980).
     City cannot abolish chief's job for alleged economic reasons as retaliation for labor union activities. Borough of Canonsburg v. Flood, 387 A.2d 951 (Pa. Cmwlth. 1978).
     Paramedics are within meaning of statutes prohibiting assaults on law enforcement officers and firefighters. Pruit v. State of Florida, 363 So.2d 552 (Fla. 1978).
     Policeman involved in shooting cannot be placed on inactive duty pending conclusion of civil suit; chief should assign officer to clerical duties and can forbid carrying of firearm. People ex rel. Jaworski v. Jenkins, 372 N.E.2d 881 (Ill.App. 1978).
     Overtime assignments must follow contract provisions. City of Cranston and Intern. Assn. of Fire Fighters Local 1363, (Kane, 1977).
     Reclassifications at same pay are not demotions. Styers v. Wade, 372 A.2d 1236 (Pa. Cmwlth. 1977).
     Performance of temporary "unrelated" duties upheld. City of Albany, Oregon and Int. Assn. of Fire Fighters L-845, (Snow, 1977).
     Exempt Classifications. City of Wichita Falls v. Harris, 532 S.W.2d 653 (Tex. Civ. App. 1976).
     Fire Chief - Competitive Position: City of Tonawanda v. City of Tonawanda Civ. Serv. Cmsn., 378 N.Y.S.2d 148 (A.D. 1976).
     Change of Title: City of Houston v. Reyes, 527 S.W.2d 489 (Tex. Civ. App. 1975).
     Preferential Promotions: Cunningham v. Dept. of Civil Serv., 350 A.2d 58 (N.J. 1975).
     See also: Demotions; Light Duty Assignments; Transfers.