Court annuls disciplinary action taken against New Jersey police officers who participated in a mass sick call because management waited beyond the statutory 45-day minimum to initiate administrative charges. Aristizibal v. City of Atlantic City, #ATL-L-289-05, 380 N.J. Super. 405, 882 A.2d 436, 2005 N.J. Super. Lexis 294 (2005). {N/R}
     Labor board finds inadequate proof that police officers were engaging in a job action to protest stalled wage negotiation, even though the ratio of traffic citations to written warnings fell substantially. Danvers PBA and Town of Danvers, #SI-04-270 (MLRC 2004).[2005 FP Jan]
     $45 million award against a union for ignoring a back-to-work order is affirmed. American Airlines v. Allied Pilots, 228 F.3d 574, 2000 U.S. App. Lexis 23581, 165 LRRM (BNA) 2449 (5th Cir. 2000); cert. den., #00-1016, 69 L.W. 3574 (2/26/2001). [2001 FP 45]
     Michigan appellate court rejects U.L.P. charge; public employers are not required to bargain with a union during an illegal strike. Melvindale-Northern Teachers v. M-N Public Schools, 216 Mich.App. 31, 549 N.W.2d 6, 1996 Mich.App. Lexis 75. [1996 FP 140]
     Fed. appeals ct. overturns Presidential Executive Order 12954 (60 FR 13023) which prevents federal contractors from permanently replacing workers who participate in a lawful strike. Order conflicts with the Natl. Labor Rltns. Act. Chamber of Commerce v. Reich, 1996 U.S.App. Lexis 1453, 74 F.3d 1322 (D.C. Cir.). {N/R}
     Federal appeals court rejects constitutional challenges to the permanent ban on agency reemployment imposed on striking air traffic controllers. Dehainaut v. Pena, 32 F.3d 1066 (7th Cir. 1994). [1995 FP 13]
     Superior Court enjoins LAPD "blue flu" job action. Los Angeles (City of) v. L.A. Police Protective League, L.A. Super. Ct. #BC093703, 31 (1542) G.E.R.R. (BNA) 1557 (1993). [1994 FP 61]
     Municipal Labor Board rules that a "blue flu" sickout was an unlawful strike. City of Albuquerque and Albuq. Police Ofcrs. Assn., 30 (1454) G.E.R.R. (BNA) 298 (2/20/92). [1992 FP 77]
     Federal appeals panel holds that post-employment acts by employer's agents were not actionable under Title VII. Reed v. Shepard, 939 F.2d 484 (7th Cir. 1991).
     Woman police officer who played a prominent role in sex discrimination litigation was passed over for promotion. Court orders her promotion; back pay differential awarded. U.S. v. City of Montgomery, 755 F.Supp. 1522 (M.D.Ala. 1990). [1992 FP 44-5]
     Evidence failed to support a fear that a strike by county corrections officers and radio technicians would pose a threat to community. Emergency replacements could assigned to road patrol deputies, extending shifts, transferring prisoners and requesting assistance from the state police. Co. of Kent .Sheriff and Kent Co. Dep. Sheriff's Assn., #UC90-B-13, 4 MPER (LRP) P22,088, 1991 MPER (LRP) Lexis 92 (Mich. Emp. Rel. Cmsn. 1991). {N/R}
     California Appeals Court rejects widespread claims of illness; police "sick-ins" are illegal and courts may enjoin them. City of Santa Ana v. Santa Ana Police Benevolent Assn., 207 C.A.3d 1568, 255 Cal.Rptr. 688 (1989).
     Subway passengers alleging wrongful arrests by transit police seeking to obtain job promotions stated civil RICO claim. Yeadon v. NYC Transit Authority, 719 F.Supp. 204 (S.D.N.Y. 1989). {N/R}
     Lieutenant, fired for reporting improprieties to Attorney General, awarded $882,272 in compensatory damages plus $50,000 in punitive relief against police chief. Wulf v. City of Wichita, 644 F.Supp. 1211 (D. Kan. 1986).
     Employees who are disciplined or terminated for reporting misconduct of superiors have a valid federal civil rights claim. Abernathy v. City of Cartersville, Ga., 642 F.Supp. 529 (N.D. Ga. 1986).
     Transfer in retaliation for testifying about racism, constituted a valid title VII claim. Rode v. Dellarciprete, 646 F.Supp. 876 (M.D. Pa. 1986).
     California Supreme Court reverses four million dollar verdict against public employee union sued for an illegal strike. City & Co. of San Francisco v. Plumbers Local 38, 726 P.2d 538, 230 Cal.Rptr. 856 (1986).
     Illinois appellate court affirms right to sue striking fire union for death claims. Rivard v. Chicago Firefighters Union, L-2 and IAFF, 145 Ill.App.3d 207, 494 N.E.2d 756 (1986).
     California Supreme Court upholds right of public employees to strike; firefighters and police officers excepted. Civilian police and fire employees might have right to strike. County Sanitation Dist. v. L.A. County Employees Assn., 699 P.2d 835, 214 Cal.Rptr. 424 (1985).
     Appellate court absolves union of damages and costs for illegal strike; union had terminated steward promptly. Dade County PBA v. County of Homestead, 444 So.2d 465 (Fla. App. 1984).
     Fired striking workers not entitled to trial on issue of punishment because they were warned of penalty. Hendon v. City of Florence, 417 So.2d 191 (Ala. 1982).
     San Francisco jury awards city over four million against union for 1976 strike. San Francisco v. Plumbers" Union Local 38, Super. Ct. S.F. Ca. (March 1982).
     City could fire striking workers without a pretermination hearing and revoke recognition of union as representative. International BEW Local 1245 v. City of Gridley, 175 Cal.Rptr. 274 (App. 1981).
     Appellate court upholds jail sentence and fine against Chicago firefighters for illegal strike. City of Chicago v. Chicago Fire Fighters Union Local 2, 99 Ill.App.3d 583, 425 N.E.2d 1071 (Ill.App. 1981).
     Florida fines police union and assesses attorneys fees for one-day police strike in Homestead. City of Homestead v. Dade Co. Police Ben. Assn., Fla. PERC Case CB-80-018, G.E.R.R. 937:17 (1981).
     Striking police and fire unions not liable for death of bus driver. Maidlow v. City of Toledo, (unpublished decision) G.E.R.R. (BNA) 952:22, Ct. App. 6th Dist. of Ohio, #L-81-120 (12/4/81).
     "The Emotionally Troubled Employee," (1976) and "When Stress Becomes Distress; Mental Disabilities Under Worker's Compensation in Massachusetts," 15 New Eng. L. Rev. 287 (1980).
     New York court refuses to hold that ticket blitz is a strike, merely increased productivity. Purcell v. Greenwald, Nassau Co. Sup. Ct. #23538, (Misc. 1980).
     City not entitled to damages from union due to "illegal" strike. City of Fairmont v. Retail W & DS Union, et al., 1979-80 (CCH) PBC ¶ 37,157 (W. Va. 1980).
     Statements of union leaders during strike can be sued to show union complicity. Police Benevolent Assn. of Yonkers v. New York St. Public Emplmnt. Rltns. Bd., 412 N.E.2d 382, 51 N.Y.2d 779 (N.Y. 1980).
     Employer under no duty to bargain with certified union during pendency of strike. Independent School Dist. 89 v. Oklahoma City Fed. of Teachers, 612 P.2d 719 (Okla. 1980).
     Officer, dismissed for publicly advocating an illegal strike, is entitled to reinstatement. Tygrett v. Barry, 627 F 2d 1279 (D.C. Cir. 1980).
     Union officials entitled to city pay during strike when engaged in work stoppage negotiations. Toledo Fire Fighters Local 92 and City of Toledo, FMCS Case #7K-24776 (Young, 1980).
     Supreme court rules that national union has no obligation to end illegal strikes of its locals. Carbon Fuel Co. v. United Mine Workers, 100 S.Ct. 410 (Dec. 1979).
     Non-striking firefighters awarded double pay; arbitrator sustains award as non-discriminatory. City of Danville, Illinois and Intern. Assn. of Fire Fighters Local 429, 78-1 ARB ¶ 8128, 77-78 PBC (CCH) ¶ 45,054.
     New York appellate court upholds forfeiture of dues checkoff privileges as penalty for illegal strike. Dutchess Co. Employees" Unit, CSEA v. Helsby, 403 N.Y.S.2d 823 (A.D. 1978).
     Court cannot refuse to issue injunction against strike because city refuses to bargain. Township of Teaneck v. Local 42, F.M.B.A., 158 N.J. Super. 131, 385 A.2d 900 (1978).
     Idaho Supreme Court upholds firefighter strike; orders reinstatement of terminated employees. Local 1494 Int. Assn. of Fire Fighters v. City of Coeur d'Alene, 586 P.2d 1346 (Ida. 1978).
     Honoring other picket lines unlawful. State of New Hampshire v. Manchester Firefighters Assn. L-856 IAFF, Case #M-0520, Decision #780040, 1977-78 PBC ¶ 40,563 (1978).
     Kentucky Supreme Court upholds $10,000 fine against Lexington Firefighters" Union; imposed for illegal strike in 1974. Intern. Assn. of Fire Fighters Local 526 AFL-CIO v. Lexington-Fayette Urban Co. Gov't, 555 S.W.2d 258 (Ky. 1977).
     Amnesty declaration does not prevent charter amendment providing for dismissal of city employees who strike in future. San Francisco Fire Fighters Local 798 v. Board of Supervisors of City and County of San Francisco, 142 Cal.Rptr. 575 (App. 1977).
     Normal, Illinois firefighters jailed during off-duty hours for violation of strike ban. City of Normal v. I.A.F.F. Local 2442, Cir. Ct. McClean Co. (1977).
     Kentucky Appellate Court affirms dismissal of thirty-two striking Winchester firefighters. Abney v. City of Winchester, 558 S.W.2d 622 (Ky. App. 1977).
     California appellate court upholds right of governmental agency to recover damages from an illegal strike. Pasadena Unified School Dist. v. Pasadena Fed. of Teachers, 140 Cal.Rptr. 41 (App. 1977).
     Dismissal not excessive punishment for strike action. Hoyt v. Police Commissioner of Baltimore City, 367 A.2d 924 (Md. App. 1977).
     Supreme Court allows mass firings of striking public employees; board not disqualified from hearing charges. Hortonville Joint School District v. Hortonville Education Assn., 96 S.Ct. 2308 (1976), 225 N.W.2d 658 reversed.
     A city's post-strike agreement with the police union was enforceable, even though there was no "consideration" for the contract. Crowley v. San Francisco, 64 Cal.App.3d 450, 1976 Cal.App. Lexis 2088, 134 Cal.Rptr. 533. {N/R}
     Note from physician certifying illness not enough in New York; strike presumption law determinative. Martin v. Osterman, 373 N.Y.S.2d 894 (A.D. 1975).
     California appellate court finds loophole in anti-strike logic; jail terms for strikers reversed. In re Webb, 124 Cal.Rptr. 773 (Cal.App. 1975).
     Federal appeals court affirms outright firing of probationary firefighters and immediate suspension of tenured employees; evidence supported dismissal of sixty. Burnley v. Thompson, 524 F.2d 1233 (5th Cir. Dec. 24, 1975).
     $650,000 fine against IAFF local reduced to $400,000. Contempt citation for illegal strike upheld. City of New York v. Vizzini, 373 N.Y.S.2d 577 (A.D. 1975).
     San Francisco mayor settles police-fire strike with 13% pay increase; court rules "emergency situation" existed. Verreros v. Alioto, Superior Court, C & C of San Francisco (Cal. 1975).
     Indiana appellate court sets standards for injunctive relief during strikes and threatened strikes. Atlantic Richfield Co. v. Oil, Chem. & Atom. Wrkrs. Int'l., 447 F.2d 945 at 947 (7th Cir. 1971).
     See also: First Amendment Related; Free Speech; Picketing.