FOP Lodge 89

Interview With Lisa Charbonneau

Are you interested in the Fair Labor Standards Act or FLSA, as it is commonly known? Do you ponder over the Garicia decision? Daydream about Department of Labor regulations? Does thinking about what needs to be included in the regular rate of pay make you feel tingly all over? Then boy, do we have t

M Marc Fuller

Officer Loses Lawsuit Against Prosecutor For Roll Call Comments

Edwin Diaz is a Miami-Dade Police Officer assigned to the Department’s Narcotics Bureau. On February 26, 2016, Diaz was arrested as part of a sting operation being conducted by the Department, the Florida Department of Law Enforcement, and the Miami-Dade State Attorney’s Office. The investigation fo

W Will Aitchison

Q&A

From Florida:Question: I have a question regarding the City of Tampa’s practice of temporarily rescheduling a police officer’s work schedule in order to staff a city-sponsored special event such as a parade. We believe it’s done to avoid paying overtime that would be paid in order to staff the event

W Will Aitchison

DROP Reform Does Not Violate Constitution

The Dallas Police and Fire Pension System is a public pension fund that provides comprehensive retirement, death, and disability benefits for approximately 9,300 active and retired City of Dallas police officers, firefighters, and their qualified dependents. Under the retirement plan, individuals be

W Will Aitchison

Municipal Convictions Disqualify Applicant From Police Job

Ramon Camilo applied for employment as a police officer in Jersey City and was ranked on the list of eligible candidates. At the request of the City, the Civil Service Commission removed Camilo’s name from the list based on past incidents detailed in a background investigation report.The background

W Will Aitchison

Only Union, Not Terminated Police Commissioner, Can Compel Arbitration

Matthew Nichols was the Deputy Police Commissioner for Warren, Michigan. On July 18, 2018, Nichols responded to a dispatch call regarding a suspected shoplifting and took an active role in arresting the suspects, one of whom later alleged that Nichols used excessive force in effectuating the arrest.

W Will Aitchison

Firefighter Who Smoked For 30 Years Wins Lung Cancer Claim

Wayne Deloatch worked as a firefighter for the City of Philadelphia from 1988, until he retired in 2008. Deloatch filed a workers’ compensation claim when was diagnosed with lung cancer in 2011.Over the course of his career, Deloatch worked at three different fire stations, none of which contained a

W Will Aitchison

Union Lawyer Not Liable To Member For Malpractice Claim

Russell Zander was a police officer with the Village of Fox Lake, Illinois. When the Village’s police chief filed formal charges recommending Zander’s termination, Zander’s labor organization, the FOP, assigned Roy Carlson to represent him. Carlson is a licensed attorney and FOP employee who represe

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Video Shows Assault, Not Rough Sexual Foreplay

Joe Jones was a San Diego police officer. In December 2015, Jones traveled to Puerto Rico with his girlfriend, Sarah, to attend a boxing match. Sarah worked as a bookkeeper for the boxer’s wife. Several off-duty San Diego police officers also attended the boxing match as the boxer’s security detail.

W Will Aitchison

Promise Of No Discipline? No Weingarten Rights

The Fraternal Order of Transit Police (FOTP) and the Southeastern Pennsylvania Transit Authority (SEPTA) are parties to a collective bargaining agreement. Mark Byrne had been a police officer at SEPTA for approximately two-and-a-half years when in December 2017, Byrne responded to a radio call conce

W Will Aitchison

No ‘Error Too Obvious To Be Unintentional’ On The Money Train

Tiffany Washington, an African American woman, served as a sergeant in the Metro Transit Police Department from 2008 to 2016. The Department is a unit of the Washington Metropolitan Area Transit Authority (WMATA), which operates trains and buses in and around the District of Columbia. Washington wor

W Will Aitchison

Requiring Pregnant Officer To Use Up Leave Violates Discrimination Law

Officer Kathleen Delanoy works for the Ocean Township Police Department in New Jersey. When Delanoy found out she was pregnant with her second child, she informed her supervisors her doctor recommended she be taken off patrol. She asked to be transferred to a light-duty or less strenuous position wi

W Will Aitchison

Management’s Petition Violates Fire Union’s Rights

The City of Pasadena, California and the Pasadena Fire Fighters Association Local 809 are parties to a memorandum of understanding, California’s equivalent of a collective bargaining agreement. Local 809 represents the Department’s approximately 150 sworn captains, engineers, and firefighters. Batta

W Will Aitchison

First Lawsuit Against Plain View Project Is Dismissed

In the summer of 2016, a team of attorneys in Philadelphia learned that numerous local police officers had posted content on Facebook that appeared to endorse violence, racism and bigotry. In some of these posts, officers commented that apprehended suspects – often black men – “should be dead” or “s

W Will Aitchison

County Required To Arbitrate ‘Me-Too’ Grievance

The County of Rockland in New York and the Superior Officers Council of the Sheriff’s Corrections Officers Association of Rockland County are parties to a collective bargaining agreement that requires the members of the Association to be paid a certain percentage more than the rate of pay of the cor

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Firefighter Fired For Refusing Vaccination, Accommodation

Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department in Texas. Horvath is an ordained Baptist minister and objects to vaccinations as a tenet of his religion. In 2014, two years after he was hired, the Department adopted an infection control plan that directed

W Will Aitchison

Officer Forfeits Pension After Conviction For Obstruction

Michael Lalley was a police sergeant in Newark, New Jersey. In early 2010, he was approached by agents of the FBI seeking his cooperation with an investigation of fellow members of the Department. Lalley declined to cooperate in the investigation. Unbeknownst to him, during the same time period the

W Will Aitchison

Officer Fails ‘Integrity Test,’ Loses Promotion

David Meadows is a police officer with the City of North Bay Village in Florida. In January 2017, Meadows sat for the sergeant’s examination and placed second on the promotional list. The City uses a rule of three. Under the collective bargaining agreement between the City and the FOP, the police ch

W Will Aitchison

Who Does The Employer Deal With After A Decertification Vote?

In the fall of 2016, a consent election was held to determine whether the bargaining representative for Macomb County, Michigan Sheriff’s Department’s deputies and dispatchers should be changed. At the time, the employees were represented by the Police Officers Association of Michigan (POAM). During

W Will Aitchison

No Proof That Firefighter Could Control Weight By Diet And Exercising

Gregg Burns is a firefighter for the City of Las Vegas. Burns filed a workers’ compensation claim after suffering a heart attack in October 2013. When the City denied the claim, several levels of appeal occurred before the case wound up in the Nevada Court of Appeals.The key questions for the Court

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Romantic Relationships And Due Process

Hosea Word is a sergeant and aspiring lieutenant in the Chicago Police Department. When he took the departmental lieutenants’ exam in 2006, he was ranked 150th of all candidates. The sergeants ranked 1 through 149 all received promotions. Sergeant Word was the highest-scoring candidate who did not.

W Will Aitchison

Detectives’ Long-Running FLSA Case Comes To Bizarre End

The opening of the federal Fifth Circuit Court of Appeals’ opinion in a long-running lawsuit brought by two Travis County, Texas detectives is one of the best descriptions of FLSA litigation to find its way into a court opinion:“Whether a worker is entitled to the FLSA’s time-and-a-half requirement

W Will Aitchison

Officer’s Firing For Facebook Posts Upheld

Anthony Venable, who had been an officer with the Metropolitan Nashville and Davidson County Police Department (MNPD) since 2007, engaged in a Facebook conversation regarding the shooting of Philando Castile in Minnesota. At the time, Venable was off-duty and the shooting had happened just the day b

W Will Aitchison