Two Philly Firefighters Sue Local For Breach of Duty of Fair Representation

Two Philadelphia firefighters have filed a class action lawsuit claiming their union breached its duty of fair representation by misleading the membership about certain pension benefits. Joseph Farrell and Patrick Viola filed suit in Philadelphia County Court of Common Pleas naming IAFF Local 22 and the City of Philadelphia as defendants.

Denver Firefighter Sues City and Union After Disability Retirement

A Denver firefighter who was placed on light duty and later granted a disability pension following an injury to his hand, has filed suit against the city and IAFF Local 858 claiming they conspired to violate his rights. David Perez filed suit earlier this year in Denver County District Court. The city removed the case to US District Court.

Due Process Not Violated When Union Declines to Arbitrate Firefighter’s Termination

The US District Court for the District of Massachusetts has handed down an important decision on the intersection of a public employee’s due process rights and the union’s right as the exclusive bargaining agent to refuse to process a grievance to arbitration.

Las Vegas Firefighter Alleges Retaliation For Reporting Sexual Misconduct

A Las Vegas firefighter who reported another firefighter for engaging in sexual misconduct in the firehouse in 2017, has filed suit against the city and IAFF Local 1285 alleging retaliation and breach of the union’s duty of fair representation. Eric Scheumann filed suit today in US District Court for the District of Nevada.

Court Rules Union Did Not Discriminate Against Black Firefighter

The First US Circuit Court of Appeals has ruled in favor of a Massachusetts IAFF local that was sued for race discrimination and retaliation by one of its members. Brookline firefighter Gerald Alston filed suit back in 2015 accusing the city, IAFF Local 950 and several individuals of discrimination and retaliation.

Court: Union Can Settle Firefighter Discipline Case

The US District Court in Eastern Washington has concluded that a firefighter’s due process rights are not violated by a union settling a disciplinary matter against him, even if the agreement waives his right to appeal. The case involved a disciplinary investigation in the Spokane Fire Department into allegations of harassment and bullying.

Burning Question: Who Controls Grievances and Remedies

Today’s burning question: When proposing a remedy to a grievance in a collective bargaining workplace, does the grievant have full discretion to demand whatever he/she believes is an appropriate remedy? Answer: The grievance belongs to the union, not the individual member.

Philadelphia and IAFF Local 22 Prevail in Suit by Terminated Firefighter

A Philadelphia firefighter who was terminated following his second conviction for driving under the influence, has lost his civil suit against the city and Philadelphia Firefighters IAFF Local 22. Andrew Addeo was fired on September 28, 2015, following his arrest and conviction earlier in the year. Addeo had previously been charged with DUI in 2012.

Right to Work and Duty to Represent

Today’s burning question: Are unions required to represent non-dues paying members, even in a right to work state? Answer: The answer does not depend on whether the state is a right to work state. It depends on whether a union has lawfully been designated as the exclusive collective bargaining representative for the employees.

Busy Day for Fire Law with Cases From FL MO RI

Its been a busy day in the Fire Law world. So many cases, so little time. In Florida the seeming endless case of West Palm Beach captain Rick Curtis is in the news yet again (July 2, 2010 post; December ...

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Tag Archives: duty of fair representation