AELE Law Library of Case Summaries:
Employment & Labor Law for Public Safety Agencies


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Bulletin Boards

     Second Circuit finds that a union informational poster, comparing the political positions of the presidential candidates, could not be posted on federal government bulletin boards, as it clearly violated the Hatch Act. Burrus v. Vegliante, #02-6257, 2003 U.S. App. Lexis 14125 (2nd Cir. 2003). [2003 FP Oct]
     Arbitrator holds that a public employees' union may post "generic" employment information on workplace bulletin boards, but not "internal" membership information. Naval Inventory Control Point and AFGE L-1156, 118 LA (BNA) 695 (Pritzker, 2002; rptd. 2003). [2003 FP Oct]
     Federal appeals court rejects a First Amendment claim by a police union steward that her notices were removed from a stationhouse bulletin board. Kuchenreuther v. City of Milwaukee, #99-3611, 221 F.3d 967, 2000 U.S. App. Lexis 17441 (7th Cir.). [2000 FP Oct]
     New Jersey holds that an employer can be liable for harassing content on an electronic bulletin board used by its employees, even though the employer is not the host of the EBB service. Blakey v. Continental Airlines, #A-5-99, 751 A.2d 538, 2000 N.J. Lexis 650. [2000 FP Sept]
     Although management can generally deny a noncertified employee assn. the privilege of using its bulletin boards, a federal court in NYC has held that management may not withhold the privilege because of the content of the messages. Latino Ofcrs. Assn. v. City of N.Y., 1998 U.S. Dist. Lexis 2018 (S.D.N.Y.). [1999 FP 72]
     Tiny San Francisco suburb pays $90,000 to three police employees who were offended by O. J. Simpson jokes posted on the dept. bulletin board by the Chief of Police. Avedano et al v. City of Belvedere, 7/6/1996 S.F. Examiner A12; 7/7/1996 S.F. Chronicle A20. [1997 FP 25-6]
     Employer can prohibit union notices on the employee notice board. Guardian Industries v. NLRB, 49 F.3d 317 (7th Cir. 1995). [1996 FP 28-9]
     Also see: Free Speech, First Amendment Related, and Union and Associational Activities

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