Monday, April 28, 2008

Let the litigation begin!

The Senate has unanimously approved the Genetic Information Nondiscrimination Act of 2008. Smooth passage in the House of Representatives is expected, and President Bush has promised to sign the legislation.

The Act would forbid employers and unions from using genetic information for hiring, promotions, assignments, or discharge. It would also bar health insurers from either requesting genetic information as a precondition to a coverage decision or using genetic information to make coverage or rate decisions. The law would also prohibit insurance providers from raising premiums based upon a group's genetic predisposition to disease. Employers and unions would be forbidden from using genetic data for hiring, promotions, assignments or firing.

There's little reported caselaw on genetic testing in employment. That appears to be a vacuum that will be readily filled. Link

Thursday, April 24, 2008

New York's PBA Ups The Ante

The ongoing battle between New York's PBA and the City over salaries has seen a series of interest arbitration decisions, demonstrations, and press conferences. The latest salvo is the PBA's announcement that recruiters from other law enforcement agencies will be given free advertising space in the PBA's magazine. The City's response is that the low NYPD salaries ($26,100 starting wage!!!) are the PBA's fault. Link

Tuesday, April 15, 2008

Chicago FD Bans Most Internet Use

The Chicago Fire Department has barred firefighters from using their personally-owned computers to access the internet, even during downtime. Though the privacy implications may be blurred because of the fact that firefighters are paid during downtime, there are pretty clear bargaining implications to the decision.
Link

Thursday, April 10, 2008

NYPD To Test For Steroids

Few police agencies nationally have random drug testing for police, though the practice is more prevalent with larger agencies. NYPD has just announced it intends to add steroids to the list of substances that are part of its random testing program. Since random drug testing is generally thought to be a mandatory subject for bargaining, it'll be interesting to see if this spawns a demand to bargain or a grievance under a maintenance of benefits clause. Link.