Courts have long recognized that applying the First Amendment’s free speech protection to the public employment context requires a balancing act. The Supreme Court’s 1968 decision in Pickering v. Board of Education established the now-familiar framework to determine whether a public employer violate
In August 2023, the Village of Westchester, Illinois, retained Pontifex Consulting Group to conduct a pay study. Pontifex conducted market survey of wage rates in comparable municipalities to provide recommendations for compensation adjustments. The Metropolitan Alliance of Police, Westchester Pat
Doug Donovan, a former firefighter for the City of Henderson, Nevada, injured his back on duty and filed a workers’ compensation claim, which the City accepted. In 2021, after treatment, he was evaluated and assigned a ten percent permanent partial disability rating. Donovan chose to receive his di
Until January 23, 2023, Christopher Lutz was a member of the Moraine Professional Firefighters, IAFF Local 2981.The allocation of overtime shifts for members of the Local was governed by a detailed system outlined in the CBA. The Local maintained an “Overtime Equalization Chart” for lieutenants, wh
In December 2022, the City of Detroit notified the Detroit Police Officers Association (DPOA) that it would begin considering the disciplinary records of union members when determining their eligibility to take the 2023 promotional examinations for the ranks of sergeant and detective. The City issu
Timothy Upchurch, a longtime correctional officer at Indiana’s Correctional Industrial Facility, alleged that he was subjected to race discrimination and retaliation after a series of disciplinary actions and missed promotions. Upchurch, who is Black, had worked for the Indiana Department of Corre
In March 2024, Sergeant Jonathan Hagenmayer, president of the Deputy Sheriffs Benevolent Association of Onondaga County (DSBA) in New York, issued a press release and Facebook post after a deputy was injured in the county jail. The release described the dangers of correctional work and the risks po
The New Hampshire Troopers Association alleged that the State violated the CBA by denying Sergeant Nathan Johnston two specific benefits during his leave: a 2% across-the-board wage increase that took effect in July 2024, and holiday pay accrual. The Association argued this constituted an unfair la
The Florida Public Employees Relations Commission (PERC) General Counsel dismissed an amended unfair labor practice charge filed by William Escobar, a former City of Orlando police officer, who was demoted in 2022 after being placed on a Brady list. Escobar alleged that the City violated his rights
In Washington, eight firefighters with Snohomish Regional Fire and Rescue (SRFR) sought religious exemptions from Washington State’s 2021 COVID-19 vaccine mandate for healthcare workers. SRFR denied their requests, concluding it could not safely or feasibly accommodate unvaccinated firefighters in
The County of Gloucester, New Jersey, announced unilateral shift changes for Public Safety Telecommunicators (PSTs) in its Police and Fire/EMS Communications divisions, effective February 23, 2025. The changes would involuntarily transfer 25 PSTs from night shifts to day shifts or vice versa, disr
Kayla Loyd, a patrol officer with the Ruston Police Department in Ruston, Louisiana, alleged that the Police Chief denied her requests to transfer into the Criminal Investigation Division (CID) because of her gender, in violation of Title VII of the Civil Rights Act. At trial, a jury returned a verd
On April 19, 2021, the Fraternal Order of Police, Fort Pitt Lodge No. 1, filed a grievance alleging that the City of Pittsburgh had violated the CBA by unilaterally terminating health care benefits for the surviving spouses of retired police officers. This grievance proceeded to arbitration before A
On April 24, 2018, off-duty Dallas Police Officer Chad Seward, working as a security guard for Home Depot, responded to a report from Home Depot about suspicious behavior. A store employee, Scott Painter, observed Armando Juarez concealing items in a bucket and hiding in the store, leading Seward to
The City of Wilmington, Delaware, implemented a final and binding arbitration award with the International Association of Firefighters, Local 1590. A firefighter, identified only as “the Grievant,” was on injury leave and was required to report to the City’s Medical Dispensary on five separate dates
On August 12, 2020, Christopher Nguyen, a former Baltimore Police Department officer, responded to a report of two men fighting in a residential neighborhood in Northeast Baltimore. Upon arrival, Nguyen observed Wayne Brown lying semi-conscious and bloodied on the sidewalk near a gold Lincoln sedan,
Steven Melton, a firefighter for the City of Forrest City, Arkansas, reposted a black-and-white image on his personal Facebook page in June 2020. This was after protests regarding the murder of George Floyd by a Minneapolis police officer began. The image depicted a silhouette of a baby in the womb
Rachel Kyler, a Pennsylvania State Corrections Officers Association representative, attended an investigatory interview for corrections officer trainee Kayshawna Spriggs, who was under investigation for allegedly filing false misconduct reports against inmates at State Correctional Institute Hunting
Lieutenant Staci K. Shepherd, a 22-year veteran of the Rhode Island State Police with an exemplary record, suffered a heart attack on May 2, 2017, during firearms requalification training. Earlier that day, she had experienced intermittent arm pain and sternum discomfort but proceeded with the train
The City of Paterson, New Jersey, appealed from an interest arbitration award issued on April 11, 2025, which set the terms for a successor collective negotiations agreement covering firefighters represented by Paterson Firefighters Association Local 2 to the Public Employment Relations Commission.
Officer Jeff Smith, the oldest and longest-tenured police officer in the City of Union, Ohio, was terminated after the City alleged that he violated multiple departmental policies during incidents on May 30 and 31, 2020. The City claimed that Smith failed to follow proper procedures during a high-sp
Gregory Raftery, a former Massachusetts State Police trooper, challenged the State Board of Retirement’s order requiring him to forfeit his pension under a state statute mandating complete forfeiture of a public employee’s pension if the employee is convicted of a crime “involving violation of the l
Bert Whittington, a Black, Harris County, Texas, deputy constable, alleged that supervisors subjected him to race and color discrimination, retaliation, and a hostile work environment. Whittington claimed that during his tenure, he was subject to repeated racist remarks, denials of support in the fi
Kenneth McKenzie and Fatima Olden, correctional officers at Michigan’s Macomb Correctional Facility, filed lawsuits under Michigan’s Persons With Disabilities Civil Rights Act, the Americans With Disabilities Act, and the Rehabilitation Act. The officers alleged that the Michigan Department of Corre