Bankruptcy court rules that a city has the authority to void its existing union contracts in its effort to reorganize. Public workers lack the protections of union workers for private companies. In re City of Vallejo, Calif., #08-26813, Memorandum decision (PACER Doc. 473); Findings of Fact & Conclusions of Law (Bank. E.D. Cal. 2009).
     Municipal retirement benefits carry with them an inference that they will continue, and under settled principles of collective bargaining, retirees' health insurance benefits in prior bargaining agreements survive the expiration and cannot be diminished without the consent of the retired workers. DiBattista v. Co. of Westchester, #19762/04, 2008 N.Y. Misc. Lexis 5212.
     Missouri Supreme Court holds that public employees enjoy a Constitutional right to collective bargaining. Independence-National Educ. Assn. v. Independence School Dist., #SC87980, 223 S.W.3d 131, 2007 Mo. Lexis 83.
     Missouri Supreme Court overrules a 1947 case that held that public employees do not have right to bargain collectively; the decision conflicts with the plain language of the state constitution, which gives all employees, public or private, the right to bargain. Independence-NEA v. School Dist., #SC87980, 181 LRRM (BNA) 3224, 2007 Mo. Lexis 83 (2007).
     Ninth Circuit rules against a public employee's denial of due process lawsuit because a collective bargaining agreement provided multi-level grievance procedures, which the plaintiff failed to use. Micone v. Carey, #04-16811, 2006 U.S. App. Lexis 24663 (Unpub. 9th Cir. 2006). {N/R}
     A member of a bargaining unit cannot file a breach-of-contract lawsuit, even if the employee was not member of union and never paid union dues. Rose v. Beverly Health Serv., #1:06cv0067, 2006 U.S. District Lexis 54530, 180 LRRM (BNA) 2559 (E.D. Calif. 2006). {N/R}
     Labor Dept. rules that overtime hours apply during prisoner transport assignments, even though a bargaining agreement purports to limit duty time to 8 hours a day. A CBA cannot override federal overtime laws. U.S. Dept. of Labor, Wage and Hour Div. Opinion Letter, #FLSA2006-12NA (2006), citing Barrentine v. Arkansas-Best Freight Systems., 450 U.S. 728, 740-41 (1981). [2006 FP Nov].
     Oklahoma Supreme Court upholds a municipal employee collective bargaining law as constitutional. City of Enid v. PERB, #101,729, 2006 OK 16, 2006 Okla. Lexis 12, 179 LRRM (BNA) 2328. {N/R}
     Illinois appellate court holds for purposes of the state's bargaining laws, the Dept. of Corrections is not a "joint employer" of workers hired by a medical services contracting firm. AFSCME C-31 v. Illinois State Labor Rel. Bd., #99074, 216 Ill.2d 569, 839 N.E.2d 479, 2005 Ill. Lexis 975 (2005). {N/R}
     "The existence of a collective bargaining agreement is primarily a question of fact, not a question of law," and if an arbitrator finds that the parties agreed on an issue, management cannot disavow the matter at a later time. Dept. of Homeland Security and AFGE L-2805, #0-AR-3920, 2005 FLRA Lexis 103, 61 FLRA No. 26 (FLRA 2005). {N/R}
     Federal District Court concludes that certain Homeland Security regulations deprive union members of their statutory right to enter into legally enforceable bargaining agreements. Natl. Treas. Employees Union v. Chertoff, #05-201, 2005 U.S. Dist. Lexis 17216, 177 LRRM (BNA) 3089 (D.D.C. 2005). [2005 FP Nov]
     Although nonfederal employers are not required to pay workers for time spent traveling from home to work, under the 1947 Portal-to-Portal Act they may do so, if a bargaining agreement so provides; see 29 U.S. Code §254(b)(1). Federal agencies may not pay for time spent traveling from home to a location that is within an employee's official duty station, even if the compensation was provided for in a bargaining agreement. Because the Congress delegated to the OPM the authority to make government-wide regulations and the OPM has determined that commuting time within an employee's official duty station is not compensable, the Ninth Circuit has held that a bargaining agreement's extra compensation provision is void. 5 C.F.R. §551.422(b). Natl. Treas. Employees Union v. FLRA, #03-74093, 418 F.3d 1068, 177 LRRM (BNA) 3145, 2005 U.S. App. Lexis 16901 (9th Cir. 2005). {N/R}
     Seventh Circuit holds that an employer may not impose return-to-work standards that are more burdensome than the provisions of the Family Medical Leave Act, even if those requirements are embodied in a collective bargaining agreement. Harrell v. US Postal Serv., #03-4204 2005, U.S. App. Lexis 14550 (7th Cir. 2005). [2005 FP Oct]
     Federal court holds that a union waiver of the substantive statutory rights of employees, contained in a bargaining agreement, is unenforceable. Canine officers were entitled to assert FLSA overtime claims irrespective of the language in a Memorandum of Understanding. Bull v. United States, #01-56 C, 2005 U.S. Claims Lexis 118,177 LRRM (BNA) 2137(Fed. Cl. 2005). [2005 FP Aug]
     Union firefighters had no expectation of continued wage increases once a bargaining agreement has expired. City of Winter Springs v. Prof. Firefighters, #1D03-3157, 885 So.2d 494, 2004 Fla. App. Lexis 16609 (1st Dist. 2004). {N/R}
     IndianaGovernor rescinds collective bargaining rights for state employees. Instead of filing grievances leading to arbitration, tenured workers can appeal to the State Employees Appeals Commission, which will determine whether a suspension, demotion, or dismissal "was based on inadequate performance or inappropriate behavior." Executive Order 05-14. {N/R}
     Newly elected Governor of Missouri honors a campaign pledge to rescind the collective bargaining rights of state employees. He also vetoes a bill allowing the forced deductions of union dues for nonunion workers. Executive Order 05-01 (Rescinding Executive Order #01-09), 02 (11) Workplace Law Rep. (BNA) 403 (2005), relying on Kinder v. Holden, #WD 61067, 92 S.W.3d 793, 2002 Mo. App. Lexis 2414, 171 LRRM (BNA) 3252 (2002). [2005 FP Mar]
     New York's highest court holds that an interest arbitration award which had granted more favorable overtime pay calculations to officers must be honored, even after the contract with the union had expired. The city could not revert to the former way of overtime calculations. Town of Southampton v. New York State PERB, #3-85, 2 N.Y.3d 513, 813 N.E.2d 602 (2004). {N/R}
     Pennsylvania appellate court holds that a public employer is not required to honor continuing wage increases mandated by an expired bargaining agreement. Pa. State Park Officers Assn. v. Pa. Labor Rltns. Bd., #2671 C.D. 2003, 2004 Pa. Commw. Lexis 549 (Pa. Cmwlth. 2004). {N/R}
     The NLRB has ruled that student assistants are not "employees" within the meaning of federal bargaining laws, and dismissed a union's petition to represent a unit of students who serve as teaching and research assistants and proctors at a university. Brown Univ. and UAW, #1-RC-21368, 342 NLRB No. 42, 175 LRRM 1089, 2004 NLRB Lexis 385 (NLRB 2004). The 3-to-2 decision overrules the Board's decision four years ago in New York Univ., and UAAAIW, 332 N.L.R.B. 1205, 2000 NLRB Lexis 748, 332 NLRB No. 111 (2000). {N/R}
     H.R 1588-230, which created the Dept. of Defense National Security Personnel System, changes in the way the DoD will hire, pay, promote, discipline and fire its 320,000 civilian employees. The legislation effect members of more than 1,300 local bargaining units. [2004 FP Jun]
     Federal Labor Relations Authority upholds a management decision to deny bargaining rights to certain Transportation Security Administration workers. DHS Transportation Security Admin. and AFGE, #WA-RP-03-0023, 2003 FLRA Lexis 183, 59 FLRA No. 63 (FLRA 2003). [2003 FP Feb]
     National union files a civil action challenging the DoT directive that precludes collective bargaining rights for TSA airport security personnel. AFGE v. Loy (D.D.C. 2003). {N/R}
     Florida Supreme Court holds that sheriff's deputies are entitled to form unions and bargaining for improved pay and benefits. The justices overturned a 1978 holding that Fla. 1978), holding that deputy sheriffs are not public employees. Coastal Fla. Police Benevolent Assn. v. Williams, #SC00-1860, 2003 Fla. Lexis 105 (Fla. 2003). {N/R}
    The President has exempted certain Dept. of Justice personnel from collective bargaining rights under 5 U.S. Code Ch. 71. The affected employees have intelligence, counterintelligence, investigative, or national security work as a primary function. Amendment to Executive Order No. 12171. {N/R}
     Ohio appeals court enforces arbitration award confirming a bargaining agreement between the union and the sheriff, which the county commissioners had refused to sign. FOP v. Halleck, #99-CO-71, 143 Ohio App.3d 171, 757 N.E.2d 831, 2001 Ohio App. Lexis 2123 (7th Dist. Ohio. App. 2001). [2002 FP Mar]
     U.S. Office of Personnel Management creates an Internet based collective bargaining agreements resource library. www.opm.gov/cplmr/lairs.html-ssi
     A city's collective bargaining agreement could extend the period of probationary employment from six months, provided under city charter, to one year. Somers v. Minneapolis, #00-1849, 245 F.3d 782, 2001 U.S. App. Lexis 5113 (8th Cir.). {N/R}
     Arbitrator concludes that a sheriff did not violate the bargaining agreement pertaining to employee raises when the relevant part of the agreement was erroneously omitted from the printed contract. Gallia Co. Sheriff and FOP Ohio Labor Council, 115 LA (BNA) 633 (C. Kohler 2001). {N/R}
     Federal legislation is reintroduced to mandate bargaining in state and local public safety employment. S. 952, "Public Safety Employer-Employee Cooperation Act (of 2001)." [115]
     Arbitrator rules that a web page announcement can not modify a the content of a collective bargaining agreement or change the meaning of a CBA term or phrase. A website differs from an employee handbook or rules applicable to employment. San Antonio (City of) and San Antonio POA, AAA Case #70-390-00121-98, 115 LA (BNA) 513 (Moore, 2001). [72-3]
     Illinois appellate court upholds the joint representation of public safety labor organizations, when bargaining with the City of Chicago. Illinois follows NLRB principles when joint representation is allowed. Illinois FOP v. ILLRB,# 1-00-1247, 319 Ill. App.3d 729, 745 N.E.2d 647, 2001 Ill. App. Lexis 110 (2001). {N/R}
     Appellate court declines to enforce an amendment to the bargaining agreement, signed by the mayor, but not submitted to the city council. Belleville (City of) v. FOP, #98-MR-286, 312 Ill.App.3d 561, 732 N.E.2d 592, 2000 Ill. App. Lexis 202. [2000 FP 83]
     A police union's acceptance of a contract that provides a pay differential for police captains who serve as district commanders and made no mention of a pay differential for captains who serve as special unit commanders did not waiver the union's right to bargain when the city after making these payments for 13 years, stopped differential pay to special unit captains. Boston v. Labor Rel. Cmsn., 48 Mass.App.Ct. 169, 718 N.E.2d 875, 1999 Mass. App. Lexis 1127, 162 LRRM (BNA) 2775 (Mass App. 1999). {N/R}
     California appeals panel holds that a bargaining agreement may be modified orally, even if it provides that all modifications must be in writing. Mechanical v. Greater, 1998 Cal.App. Lexis 764, 66 Cal.App.4th 672, 78 Cal.Rptr.2d 225, comparing Certified v. Haw. Teamsters, 597 F.2d 1269 (9th Cir. 1979) and Martinsville v. NLRB, 969 F.2d 1263 (D.C.Cir. 1992). See also Conrail v. Rlwy. Labor, 491 U.S. 299 (1989). [1999 FP 4-5]
     Maryland's highest court upholds a Governor's Executive Order mandating collective bargaining with state employees. McCullough v. Glendening, 347 Md. 272, 701 A.2d 99, 1997 Md. Lexis 504. [1998 FP 35]
     Fourth Circuit rules that nurses are "supervisors" and cannot form a collective bargaining unit. Glenmark Associates v. NLRB, #97-1403, 147 F.3d 333, 1998 U.S. App. Lexis 13142, 158 LRRM (BNA) 2582 (4th Cir. 1998). Also see: Harborside Healthcare and Teamsters L-20, #8-RC-15774, 330 N.L.R.B. 1334, 2000 NLRB Lexis 244, 164 LRRM (BNA) 116 (NLRB 2000) and "Physicians, nurses & housestaff: the continuing struggle for collective bargaining rights," 33 Suffolk U. L. Rev. 107 (1999). {N/R}
     Arbitrator upholds, in general, provisions contained in an informal agreement. "In cases where the parties meet informally and reach agreement on a variance in the Agreement, such is typically binding on both parties." Intern. Paper (Hamilton) and United Paperworkers L-1968, AAA Case #52-300-00102-97, 110 LA (BNA) 250 (2-11-1998). {N/R}
     National Labor Relations Board allows multiunion joint representation with; (1) a single chief spokesperson during collective bargaining negotiations; (2) the exchange of only joint proposals; (3) the creation of a single bargaining agenda; (4) the preparation of a single agreement signed by each member of the joint representative; (5) the application of the agreement's provisions to all un member of the joint representative. International Paper, 325 N.L.R.B. 689 at 691-2 (1998); see also NLRB v. National Truck Rental, 239 F.2d 422/fn.7 (D.C. Cir. 1956). {N/R}
     Labor contract between city and police assn. which had no fixed duration was automatically cancelled when union rejected the city's final offer during negotiation sessions. City of El Cajon and E.C.P.O.A., 1996 Cal.App. Lexis 856, 96 DAR 11137. {N/R}
     Federal appeals court strikes down a collective bargaining provision that awarded attorneys’ fees to the prevailing party. Moore v. L-569 IBEW, 1995 U.S.App. Lexis 10088 (9th Cir.). [1995 FP 116-7]
     Iowa rules that the payment by the employer of punitive damages assessed against police officers is a mandatory subject of bargaining. Waterloo Police Prot. Assn. v. P.E.R.B., 497 N.W.2d 833 (Iowa 1993). [1994 FP 36-7]
     A police board’s statutory power to determine cause for dismissal and terminate an employee cannot be abrogated by a collective bargaining agreement. The Illinois Public Labor Relations Act provides that a public employer must bargain over conditions of employment “not specifically provided for in any other law or not specifically in violation of the provisions in other laws.” Ill.Rev.Stat. Ch.48, § 1607, Sec. 7. Parisi v. Jenkins, 603 N.E.2d 566, 236 Ill.App.3d 42, 1992 Ill.App. Lexis 1318 (at 8). {N/R}
     City could not later contest the legality of a contract provision it agreed to during negotiations. Upper Chichester Twp. v. Penna. Labor Rel. Bd., 621 A.2d 1134 (Pa.Cmwlth. 1993). [1993 FP 164-5]
     House Bill would have protected public employees during municipal bankruptcies. H.R. 3949, the "Municipal Employee Protection Amendments of 1991." 30 (1476) G.E.R.R. (BNA) 1092. [1992 FP 148]
     Federal appeals court holds that a majority of the employees of a combined bargaining unit formed by a merger can decide seniority and promotional protocols, even if it displaces the ranking of some employees. Rakestraw v. United Airlines, 981 F.2d 1524 (7th Cir. 1992), relying on Ford Motor Co. v. Huffman, 73 S.Ct. 681 (1953). [1993 FP 118]
     Union president could not agree to contract modification without approval of his membership or board of directors. Harrison v. City of San Antonio, 695 S.W.2d 271 (Tex.App. 1985).
     Illinois appellate court invalidates multi-year contracts; funds must be appropriated annually and in advance. Ligenza v. Vil. of Round Lake Beach, 478 N.E.2d 1187 (Ill.App. 1985).
     Press and public are not entitled to attend bargaining sessions; open meetings laws do not apply. Co. of Saratoga v. Newman, 476 N.Y.S.2d 1020 (Misc. 1984).
     City has inherent power to enter into contract with union, absent a state law to the contrary; parity provision upheld. Local 598, Council 58 American Federation v. City of Huntington, W. Va., 317 S.W.2d 167 (W. Va. 1984); Dayton Teachers Assn. v. Bd. of Educ., 41 Ohio St. 2d 127, 323 N.E.2d 714.
     State bargaining laws may include firefighters and exclude police officers; no equal protection violation. Beverlin v. Bd. of Police Cmsnrs. of Kansas City, 722 F.2d 395 (8th Cir. 1983).
     Person with authority to negotiate must also have the power to approve the contract before it will be enforced. Firefighters L-642 v. City of Fargo, 321 N.W.2d 473 (N.D. 1982).
     Bargaining agreement might infringe on constitutional powers of a common law sheriff. Wisconsin Prof. Police Assn. v. County of Dane, 106 Wis. 2d 303, 316 N.W.2d 656 (1982).
     State bargaining law prevails over city's home rule charter and ordinance provisions. City of La Grande v. La Grande Police Assn., 639 P.2d 661 (Ore. App. 1982).
     Bargaining agreement can substitute seniority over other methods for promoting employees; local laws in conflict will not be enforced. L-1383 IAFF v. City of Warren Pol. and Fire Civ. Serv. Cmsn., 311 N.W.2d 702 (Mich. 1981).
     No equal protection violation for city to negotiate contract with non public safety employees, but to refuse to bargain with safety workers. Naperville Police Union v. City of Naperville, 422 N.E.2d 869 (Ill.App. 1981).
     New Jersey police union could not hire Teamsters to be their bargaining representative; state law prohibits police unions from including other public employees. City of Camden and Camden Police Super. Off. Assn., Case #81-139, Docket #C-81-41-90 N.J. Public Emplmnt. Rltns. Cmsn., G.E.R.R. 930:23. [#92 FP 6]
     Washington supreme court upholds law that excludes small entities from collective bargaining act. Yakima Co. Deputy Sheriff's Assn. v. Bd. of Cmsnrs., 92 Wash.2d 831, 601 P.2d 537; cert. den. 100 S.Ct. 2958 (1980).
     Non-civil service deputy sheriffs cannot be included under state public employment relations acts. Murphy v. Mack, 358 So.2d 822 (Fla. 1978).
     Prior contract with former sheriff not enforceable. Reese v. Lombard, 400 N.Y.S.2d 662 (A.D. 1977).
     Contract cannot deprive employee of vested rights created by statute; rights need not be specifically reserved in agreement. L-400 Chester City Fire Fighters Assn. v. Nacrelli, 373 A.2d 472 (Pa. Cmwlth. 1977).
     Equal Protection Clause argument fails to persuade a three-judge federal court to order police officers to be included within the coverage of a state. A state or municipal government may not prohibit police officers from joining a union, but is under no obligation to recognize it for bargaining purposes, even though it does so for other classifications of public employees. Vorbeck v. McNeal, 407 F.Supp. 733 (E.D. Mo. 1976); cert. den. 96 S.Ct. 3160.
     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}
     Oklahoma firefighters receive setback by state supreme court; state collective bargaining act is only "advisory." Midwest City v. Cravens, 532 P.2d 829 (Okla. 1975).
     Kentucky court has no authority to order Lexington-Fayette County to recognize IAFF - throws burden back to local government. Lexington-Fayette Urban Co. Gov't v. IAFF Local 526, #74-2091, Fayette Co. Cir. Ct. (Ky. 1975).
     Finality of election between statutes. Fraternal Order of Police v. Shapp, 548 A.2d 502 (Pa.Cmwlth. 1975).
     See also: Arbitration Procedures; Coll. Brg. - Duty to Bargain; Staffing Requirements; Past Practices Clause; Reductions in Force.