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.

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