The Rights Of Firefighters

9:00 am | Introduction And Recent Developments In Public Safety Labor Issues

Recent developments from around the country in the area of public safety labor relations.
Recent court decisions and laws enacted by Congress. The status of the national collective bargaining bill.
Discussion of significant changes in the law in the areas of First Amendment protection, the FMLA, physical fitness plans, sexual discrimination and harassment, the Garrity rule, the Weingarten rule, and affirmative action.
A review of national trends on wages and benefits; the evolution of police-fire parity.

Will Aitchison

10:00 am | Basic Principles Of Constitutional Rights

The constitutional rights that are most frequently implicated by firefighter personnel decisions.
The “hierarchy” of constitutional rights. Which rights are more likely to be protected, and which have less protections.
The relationship between state and federal constitutional rights.
A case in point – the First Amendment’s freedom of religion and the workplace.

Will Aitchison

1:00 pm | Just Cause For Discipline And Procedural Due Process

A review of the 12 tests for just cause for disciplinary action.
Progressive discipline, mitigating circumstances, and the employer’s burden of proof in discipline cases.
The need for clarity in an employer’s rules.
The “disparate treatment” defense, and the relevance of past practice in similar cases.
How Garrity v. New Jersey applies in disciplinary or internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.
The right to representation under Weingarten v. NLRB. Whether “witnesses” have the right to representation in disciplinary or internal affairs interviews. What the union representative can say and do when representing a member.

Will Aitchison

9:00 am | The Fair Labor Standards Act

A review of FLSA litigation involving numerous public safety agencies.
How the FLSA affects sleep and meal times, off-duty employment, standby status, attendance at fire academies, travel time, mandatory and discretionary training.
The appropriate method of calculating the overtime rate.
The status of EMS employees,
Who is exempt from FLSA coverage.
Whether an employee is truly “salaried.”

Mark Miller

1:00 pm | Collective Bargaining

The topics which are mandatory for negotiation.
Strategies and tactics for negotiations: How to prepare, the composition of the bargaining team, and the development of negotiation themes.
The role past practice plays in a bargaining relationship, and what makes the practice binding.
The duty of fair representation.
The rights of non-members.
Unfair labor practices.
Discrimination on the basis of union activity.

Christopher Platten

8:30 am | Freedom Of Speech And The Right To Privacy

The balance between a firefighter’s right to speak out in public about matters pertaining to the job and the right of the employer to establish reasonable rules regulating such speech.
The types of cases where speech related to the job has been protected by the First Amendment and the cases where discipline of the firefighter was allowed.
A firefighter’s right to privacy, including a discussion of issues such as drug testing, locker searches, residency rules, and grooming codes.

Mark Meyerhoff

Will Aitchison – Mr. Aitchison is a Portland, Oregon attorney who has, over the course of his career, represented over 100 law enforcement and firefighter labor organizations in five western states. He is a veteran of hundreds of public sector labor negotiations. He received his Doctor of Jurisprudence from Georgetown University Law Center in Washington, D.C. and is the author of several books on public sector labor matters, including The Rights of Law Enforcement Officers (6th Edition), and The Rights of Firefighters (4th Edition).

Mark Meyerhoff – Mr. Meyerhoff is an attorney in the Los Angeles, California office of Liebert, Cassidy Whitmore. The firm specializes in representing management interests in public sector labor relations. He advises and represents clients in all aspects of employment and labor relations matters, such as discipline and termination arbitrations and hearings, state and federal court actions involving civil rights, Public Safety Officer Procedural Bill of Rights issues, and harassment and discrimination charges. He received his Doctor of Jurisprudence from Loyola Law School.

Mark Miller – Mr. Miller is a partner in a Louisville, Kentucky law firm where his practice is devoted to representing labor organizations in the public and private sectors. He has lectured to thousands of management and labor representatives across the country on FLSA issues and has authored two nationally-circulated handbooks on the requirements of the FLSA. He is a graduate of the University of Louisville School of Law.

Christopher Platten – Mr. Platten received his B.A. degree from San Diego State University and his Doctor of Jurisprudence from the University of San Francisco, where he was a Law Review candidate and won both the John L. Brennan Trial Competition and the U.S.F. Advanced Moot Court Competition. He has served in union positions as an officer and business agent for a retail clerks’ local union and specializes in labor law and employment discrimination.

The Flamingo Las Vegas
3555 Las Vegas Blvd South
Las Vegas,
702-733-3111 • 800-732-2111

To make arrangements, call the hotel directly and request the group rate for this seminar. Room rates are $89 per night, single or double occupancy. These rates are for the updated GO rooms. For a description of the rooms or to make a reservation, go to the Flamingo's website. A limited number of rooms are available at this rate on Friday and Saturday nights, so book early if you plan to stay over. Reservations must be made by June 21, 2010. Reservations received after this date will be on a space-available basis only and at the prevailing rate. Because of the heavy tourist activity in Las Vegas any time of the year, be sure to make your reservations before June 14!!

LRIS has been approved as a CLE provider by the State Bar of California. This program will qualify for 12.5 hours of MCLE credit by the State Bar of California. If you require certification from any other state, please call Seminar Coordinator Debbie Frields at (503) 282-5440 prior to the seminar.

Submit a CLE request or view CLE status of this seminar.