AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


Back to list of subjects             Back to Legal Publications Menu

Reserves and Volunteers

     Unpaid volunteer police officers are not entitled to rights of collective bargaining. Griffith v. Lanier, #07-7072, 2008 U.S. App. Lexis 7149 (D.C. Cir.).
     Under Pennsylvania state law an injured volunteer EMT was entitled to an award for lost wages. Although she did not hold a paying outside job, she should receive a pay award of at least equal to the statewide average weekly wage. Bor. of Heidelberg v. Workers' Comp. Appeal Bd. (Selva), #42-WAP-2006, 2007 Pa. Lexis 1678.
     Federal court finds it is a jury question whether a commissioned special or reserve officer that salaried by another employer is also an “employee” of the law enforcement agency for Title VII purposes. Elie v. Hilton, 131 F.Supp.2d 835, 2001 U.S. Dist. Lexis 1648 (Unpub. W.D. La.). [2001 FP 75-6]
     Maryland jury finds that volunteer firefighters are not “employees.” Haavistola v. Comm. Fire Co., #S90-1637, 32 (1549) G.E.R.R. (BNA) 126 (D.Md. 1994), on remand from 3 F.3d 211 (4th Cir. 1993). The federal appeals court held that volunteer firefighters can be “employees” and privately incorporated fire companies can be liable under Sec. 1983 for civil rights violations. The panel held that the final determination was a question of fact for the jury. Haavistola v. Comm. Fire Co., 6 F.3d 211 (4th Cir. 1993). [1994 FP 93 and 21]
     Full time officers had standing to bring a suit to enjoin department from using unpaid auxiliary officers for duties more properly assigned to regular officers. Local 1894, AFSCME v. Holsapple, 559 N.E.2d 577 (Ill.App. 1990).
     Oregon Supreme Court requires city to bargain with union before adopting a police reserve officer program. Salem Police Empl. Union v. City of Salem, 308 Or. 383, 781 P.2d 335 (1989).
     Oregon court of appeals finds that city must bargain with its police union before using unpaid reserve officers. Salem Police Employees Union v. City of Salem, 758 P.2d 427 (Ore. App. 1988).
     No violation of federal rights to revoke security guard's special police commission. Small v. Inhabitants of City of Belfast, 617 F.Supp. 1567 (D. Me. 1985).
     N.Y. appellate court agrees that a auxiliary police officer was not entitled to a pretermination hearing. Bodenmiller v. Regan, 486 N.Y.S.2d 283 (A.D. 1985).


Back to list of subjects             Back to Legal Publications Menu