AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Physical Fitness Programs
Monthly Law Journal
Article: Weight
and Fitness Requirements, 2008 (12) AELE Mo. L. J. 201.
Arbitrator sustains a grievance that management
wrongfully denied paid leave for a duty-incurred injury. Although there
was no requirement that firefighters engage in physical fitness activities
at the fire station, workouts were allowed and exercise “impacts on a firefighter’s
ability to safely perform his or her job,” citing Gray v. City of East
Orange, #A-0472-05T50472-05T5, 2007 WL 1373216 (Unpub. N.J. App. Div.).
IAFF L-863 and City of Newton, AAA #113900005208 (Irvings, 2008).
Federal court strikes
down a mandatory wellness program for firefighters that included cholesterol
testing. Although the program was for the benefit of city workers, it violated
their rights of privacy. Anderson v. City of Taylor, #2:04-cv-74345 (Doc.#
20), 2005 WL 1984438 (E.D. Mich. 2005). [2006 FP Mar]
Arbitrator denies payment for time spent while
Agriculture Dept. employees commute to and from work on a bicycle. Although
an agency "Wellness Policy" allows up to 3 hours of paid leave
per week for exercise activities, including cycling, walking, jogging,
running, and skating, the time spent while commuting to and from a residence
is not duty time. U.S. Dept. of Agriculture and NFFE L-276, 120 LA (BNA)
1560, FMCS Case #04/51068 (Briggs, 2005). {N/R}
Illinois University Professors publish
results of performance tests for male and female firefighter applicants.
Journal of Occupational Medicine Vol. 29, #10 (Oct. 1987).
U.S. Treasury Dept. to create employee fitness
centers in 13 cities in agreement with employees" union. 24 G.E.R.R.
1549.