AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Jurisdictional/Multiunion Disputes & Work Erosion
An association
representing city workers filed a lawsuit seeking an injunction against
the city contracting to outsource a number of city services, including
jail operations, special event safety, and building inspection. An intermediate
appeals court upheld the trial court's grant of a preliminary injunction.
The injunction was not premature, since the association members were in
serious danger of being terminated. That and the many layoff notices already
sent out showed that the association and its members would suffer greater
harm if a preliminary injunction were not granted than the city would if
the injunction was issued. The association had a possibility of prevailing,
since a state statute barred it from contracting with a private entity
for "nonspecial" services, and there was only existing statutory
outsourcing authority for two targeted areas--jail operations and administration
of payroll services. Costa Mesa City Employees' Ass'n v. City of Costa
Mesa, #G045730, 209 Cal. App. 4th 298, 2012 Cal. App. Lexis 971 (Cal. App.
4th Dist.).
Federal courts lack jurisdiction
to decide a dispute between management and two postal unions, where the
bargaining agreement provides for mandatory arbitration. Trenton Metro
Area Local v. U.S. Postal Serv., #08-3941, 2011 U.S. App. Lexis 2862 (3rd
Cir.).
Labor board upholds a management rights clause,
and the chief could transfer a traffic officer who was performing clerical
duties to field services, and to assign the clerical duties to non-unit
civilian personnel. Newton Police Assn. and City of Newton, Case No. MUP-02-3634
(Mass. Emp. Rel. Bd. 2008).
Illinois Labor Board affirms ruling that
Chicago improperly outsourced Chicago Bears traffic control jobs from the
police union to park district personnel. Illinois FOP, L-7 and City of
Chicago Police, # L-CA-04-008, 21 PERI 83, 2005 PERI (LRP) Lexis 77 (Ill.
LRB 2005). [2006 FP Jan]
New York Public Employment Relations Board
holds that a sheriff had no duty to bargain with the correctional officers'
union over the transfer of some duties to parttime transport officers who
were not part of the bargaining unit. Corrections Officers PBA and Rockland
Co. Sheriff, #U-23897, 37 NYPER (LRP) ¶4554, 2004 NYPER (LRP) Lexis
127 (NY PERB ALJ 2004). {N/R}
Arbitrator denies a grievance that
management at a correctional facility improperly assigned a supervisor
to monitor inmates when no bargaining-unit employees were at work. There
was no language in the agreement suggesting that duties normally performed
by unit employees are exclusively theirs. Fed. Bur. of Prisons and AFGE
L-801, FMCS Case 01/05628, 116 LA (BNA) 324 (Neigh, 2001). [2002 FP Feb]
Arbitrator orders lost pay for police officers
who were not called back for a special assignment; city relied on auxiliary
and housing authority officers, in violation of the contract. Warren (City
of) and Ohio PBA, FMCS #01/099-490, 115 LA (BNA) 1486 (Lalka, 2001). [2001
FP 136]
The fact that a clerical employee, who was
not a member of the guard's union, controlled visitor access to an elevator
by pushing a button, was not work erosion in violation of the bargaining
agreement. Bell Helicopter Textron and United Plant Guards L-256, 115 LA
(BNA) 1779 (Goodman, 2001). {N/R}
Arbitrator rules that a county violated the
bargaining agreement, by assigning bargaining-unit work to a non-unit employee
in order to lay off two unit employees, and redistributing those job duties
to non-unit employees. Lawrence County and C-8, AFSCME L-3319, FMCS #00/14501
& 00/14499, 115 LA (BNA) 789 (Imundo, 2001). {N/R}
City violated labor agreement when it used
jail inmates and welfare recipients for custodial duties normally performed
by union members. Lawrence (City of) and Firemen & Oilers L-3, 104
LA (BNA) 334 (McCormack, 1995). [1995 FP 136-7]
Federal court denies a rail police union
request to enjoin city police from performing duties at a railway station;
exclusive unit bargaining contract with railroad did not override concerns
of public safety. Railroad P.B.A. of N.Y. v. Metro No. Commuter RR., 699
F.Supp. 40 (S.D. N.Y., 1988).