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public employment

Public employment roundup

by Walter Olson on September 9, 2014

  • Some wages rise accordingly: “Scott Walker’s Act 10 leads to a ‘teacher marketplace’ in Wisconsin.” [Ann Althouse]
  • Police/fire psychiatric claims: “Retired NYC cop takes plea in $27M disability-fraud case; ex-prosecutor is a claimed ringleader” [Martha Neil, ABA Journal]
  • “Every Day Turns Out To Be Labor Day For Hapless Taxpayers” [Ira Stoll]
  • In Harris case, high court revolted at notion of government inserting itself into family relations to siphon off money for union’s benefit [Budget and Tax News, PDF, p. 9, and thanks for quote]
  • “Overprotecting public-employee pensions, from the Reason Foundation” [Sasha Volokh] “California Embraces Pension-Spiking Bonanza” [Steven Greenhut]
  • “Sure We Hassled Boy Scouts at the Border, But You Can’t Prove We Pulled a Gun, Says DHS” [J.D. Tuccille]
  • “The results show very little difference at age 60 in the life expectancy of police and fire as compared with other public employees.” [Alicia Munnell via Steven Greenhut] “Los Angeles Police Average Total Compensation $157,151 Per Year” [Ed Ring, Flash Report] More: Soaring public safety costs rack California towns [OC Register]

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The many, many pitfalls of wage-and-hour law: “The Los Angeles City Council on Tuesday finalized a $26-million legal settlement to end a lawsuit over a ban on lunchtime naps by trash-truck drivers. … Sanitation officials had imposed the no-nap rule to avoid the bad publicity that would come if a resident, business owner or television news crew stumbled across a sleeping city employee. But lawyers for the drivers said the city, by limiting workers’ mealtime activities, had essentially robbed them of their meal breaks.” [Los Angeles Times]

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A timely reminder [Ed Krayewski, Reason] Appallingly, some unions have won provisions forbidding authorities from interviewing an officer charged with misconduct until days after an incident, which means a lawyered-up officer can, if so inclined, hold back from committing to a story until it becomes clearer what story is convenient. Krayewski:

Whether Ferguson’s police chief or mayor are actually interested in firing this cop is hardly known. But in the current situation, their hands are tied by an intricate system of legal protections built for cops around the country. Firing Michael Brown’s killer would not make him guilty of murder. That’s what jury trials are for in this free country. But cops, who are authorized by the government to use violence to attain their goals, ought to be held to a higher standard than everyday criminals, not lower ones. A job is a privilege, not a right.

We’ve run many items over the years on this theme, including: Connecticut officer reinstated with back pay after “covering up a hit and run crash involving a fellow officer [she] was involved in a relationship with,” and police union “defends Denver cop fired for driving drunk at 143 mph”; union saves job of officer who planted white powder on suspect in a drug arrest, also in Connecticut; the comprehensively bad “Law Enforcement Officer’s Bill of Rights” package enacted in many states; etc. And closely related, from Ken White at Popehat: “Don’t Give Special Rights To Anybody! Oh, Except Cops. That’s Cool”; J.D. Tuccille, Reason.

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  • “The tie that binds public employee unions and Wall Street” [Daniel DiSalvo] “Unions Manipulate New York City’s Public Pension Funds To Punish Their Enemies” [NYT via Jim Epstein, Reason]
  • Illinois latest state to pass “ban the box” law restricting employers’ inquiries on criminal records [Workplace Prof]
  • Two ex-football pros file suit claiming union conspired with owners on concussions [Bloomberg]
  • Average Illinois public retiree’s pension rapidly narrowing gap with average salary of worker still on job [Jake Griffin Daily Herald via Reboot Illinois] By 2006, 1,600 California prison guards were making $110K+, plus more on tendency of state/local government pay to outrun private [Lee Ohanian via Tyler Cowen]
  • Great moments in employment law: Seventh Circuit says other employees’ having sex on complainant’s desk not hostile work environment when not targeted at gender [Eric B. Meyer]
  • Next step signaled in SEIU fast food protest campaign: unlawful property occupations [AP, Chicago Tribune, arrests in May]
  • Trial lawyer win: Obama federal-contractor fiat will forbid pre-dispute agreements to submit bias claims to binding arbitration [AP, AAJ jubilates]

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“The Wisconsin Supreme Court has upheld the 2011 law that effectively ended collective bargaining for most public workers, sparked massive protests and led to Republican Gov. Scott Walker’s recall election and rise to national prominence.” “Collective bargaining remains a creation of legislative grace and not constitutional obligation,” wrote Justice Michael Gableman for a 5-2 majority. [AP, more] Last year, despite appeals from labor unions and their allies, Wisconsin voters for a second time declined to unseat an incumbent member of the court accused of insufficient sympathy for union goals.

CALPERS, the giant California public-sector pension fund, is among the nation’s leading scolds of corporate governance. So as Ira Stoll points out, it’s kind of newsworthy that its CEO over most of the 2000s just pled guilty to taking $200,000 in bribes from a contractor, the money handed over in paper bags and a shoebox. [New York Sun]

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An Illinois state employee “was dismissed in 2011 from her $115,000 per year job as an arbitrator for the Illinois Workers’ Compensation Commission after a series of stories in the News-Democrat concerning more than $10 million paid to prison guards who complained that turning keys and operating locks caused them to be injured.” The investigation indicated that the arbitrator tried to hide from the press a disability application by a former state trooper convicted of causing highway deaths, and allegedly used her position in an unsuccessful attempt to pressure state officials to speed up her own claim, commenting that she had ‘two mortgages’ to pay.” After her departure from the arbitrator job she “found work training others for the very job from which she was fired,” and now is endeavoring to collect a “pending $25,000 settlement for a disability primarily attributed to typing,” which the state is resisting. [Belleville, Ill., News-Democrat]

  • What is pay? What is wealth? And who (if anyone) should be envying whom? [David Henderson]
  • LIRR disability scammer gets probation, will repay lost $294K at rate of $25/month [Lane Filler, Newsday]
  • Costly license plate frame can help buy your way into California speeders’ nomenklatura [Priceonomics]
  • Ohio school superintendent who illegally used public moneys to promote school tax hike won’t face discipline [Ohio Watchdog]
  • Last-in, first-out teacher dismissal sacrosanct in California [Larry Sand]
  • “Los Angeles Inspector Convicted of Bribery Keeps $72,000 Pension” [Scott Shackford]
  • Heart and lung presumption is an artificial construct that drives municipal budgets for uniformed services [Tampa Bay Times]

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  • Los Angeles officials push SEIU-backed scheme to fasten unions on nonunion workforce at LAX airport [Brian Sumers, Contra Costa Times]
  • Want to empower cities? Reform binding labor arbitration [Stephen Eide, Urbanophile]
  • “Explainer: What Does President Obama’s Equal Pay Day Executive Order Change?” [Rachel Homer, On Labor]
  • One lawyer’s advice: “when an employee complains about discrimination, or otherwise engages in protected conduct, you must treat that employee with kid gloves” [Jon Hyman on Sixth Circuit retaliation case]
  • Detroit juggles pension numbers to fix deficit, papers over the real problem [Dan Kadlec, Time; Shikha Dalmia, Washington Examiner]
  • No room left to cut budget, part 245,871: federal grants promote labor unions [Examiner]
  • More on EEOC’s campaign to limit employment criminal background checks [Coyote, Daniel Schwartz]

In November 2010 Camden Sgt. Jeffrey Frett radioed for help after receiving a superficial gunshot wound in the leg. Police discovered his wife near the scene and the officer later admitted “that he and his wife had concocted the incident. Officers injured in the line of duty receive a pension that pays 66 percent of their salary tax-free for life.” In the mean time, however, Frett had applied for a disability pension on a separate basis, namely the aftereffects of a 2008 car accident while on duty. Now the state pension board has turned down his request, with one of its members publicly questioning why the officer was permitted to plead to a very minor charge to resolve the staged-shooting episode. [Philadelphia Daily News]

Maryland roundup

by Walter Olson on May 3, 2014

  • Correctional Officers Bill of Rights (COBR) of 2011, developing out of AFSCME efforts to defend prison guards in western Maryland, and role it played in Baltimore jail scandal. Vital reading [Charles Lane, City Journal, Sasha Volokh; earlier; related Kevin Williamson on incident at NYC's Riker's Island in which mentally ill inmate was permitted to roast to death, responsible officer drawing 30-day suspension]
  • Narrowly defeated effort to enact state False Claims Act becomes issue in Senate GOP primary [Frederick News-Post, earlier here, here]
  • Citing federal guidelines, Howard County schools restrict special-event food [Ellicott City Patch]
  • Judge rebuffs lawsuit by Montgomery County police union seeking to invalidate legislative measures inconsistent with its contract [WaPo] County council race “a ‘battle royale’ between the government employee and school system unions” [Seventh State]
  • “Maryland Puts Up Roadblocks to Online Ed” which just happens to protect the state’s UMUC (University of Maryland University College) [The American Interest, Arnold Kling]
  • Will Montgomery County finally get out of the liquor distribution business? [Bethesda magazine]
  • And speaking of MoCo monopolies, its taxi near-cartel needs to go: “Uber provides a better service even without the regulation” [David Lublin, The Seventh State]

“…They’d traded dignity for money. That’s what lenient retirement boards do to people.” An ex-fireman has drawn criticism by suing the city of Providence for $7 million, saying it unfairly cut off his check after a TV station filmed him “doing a muscular weightlifting workout,” calling his claimed shoulder-related disability into doubt. [Mark Patinkin, Providence Journal]

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Following up on the sensational Blue Line crash at the Chicago Transit Authority’s O’Hare Airport terminus: “The CTA’s contract with the Amalgamated Transit Union authorizes the agency to fire rail operators who have had two serious safety violations in a short period of time [emphasis added], and officials said the two incidents when [Brittney] Haywood dozed off qualify her for termination.” Falling asleep just once at the controls of a train wasn’t enough! [CBS Chicago] More: Bill Zeiser, American Spectator.

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And the curious thing is, they’re from prosecutors. “The prosecutors’ office replaced part-time assistant prosecutors with full-time positions in 2011. Eight of the part-time employees who were replaced sued the city for age, race and/or gender discrimination, The Kansas City Star reported. … The eight former assistant city prosecutors filed their lawsuits individually and alleged different circumstances.” [Claims Journal]

One would think the whole concept of the union-backed “correctional officers’ bill of rights” might have been thrown into disrepute by last year’s Maryland scandal, in which the statute was found to have entrenched problem guards even as the Baltimore jail descended into a scandalous state of gang-run corruption. But apparently not: the Pennsylvania House has unanimously (!) voted in favor of having that state adopt its own such “bill of rights,” weakening administrators’ power to investigate possible officer misconduct. Details of H.B. 976 here.

  • Minimum wage laws are sentimental legislation with all-too-real effects [Jeffrey Dorfman] “Our Business’s Response to California $2 Minimum Wage Increase” [Coyote, with more on a union angle on minimum wage laws] Some experience from Europe [Steve Hanke, more, Cato overview of minimum wage debate]
  • Connecticut fires state labor department employee who gamed system to get benefits for friend, then reinstates after grievance [Raising Hale] Oldie but goodie: union contract in Bay City, Mich. gave teachers five strikes to show up work drunk before being fired [Mackinac Center two years back]
  • Background of Harris v. Quinn, now before SCOTUS: Blagojevich and Quinn favors for SEIU [George Leef, Forbes, earlier here, etc.]
  • If you decline to hire applicants who’ve sued previous employers, you may face liability over that [Jon Hyman]
  • More on class action seeking pay for volunteer Yelp reviewers [LNL, earlier]
  • “Intriguingly, returns to skills are systematically lower in countries with higher union density, stricter employment protection, and larger public-sector shares.” [Eric Hanushek et al, NBER via Cowen]
  • “L.A. Sheriff’s Department Admits Hiring 80 Problem Officers; May Not Be Able to Fire Them” [Paul Detrick, Reason]