Fitness For Duty in New Jersey
VMA Follow Up Respond to NJ Class Dated 04.24.2012
Thank you for attending our training class. Here is the deal. After nearly 4 hours of internet searching I can find nothing in NJ civil service, Administrative Law or Court law that mentions or prohibits strength test for in-service police officers.
The New Jersey transit case that was mention in class (Robson v NJT) is attached in its entirety. Bottom line here? NJT lost because they failed to follow proper procedures. It had nothing to do with their right to fitness test.
Employee can’t refuse an off-duty drug testing
DT Labor Arbitration Awards: Shelby County Government and American Federation of State, County and Municipal Employees , (Jul. 27, 1993)
Case 04.23.2012 Employee can’t refuse an off-duty drug testing
Background
The County operates a correctional center that houses inmates convicted by the State of Tennessee and local courts. It recognizes the Union as the sole representative for permanent, full-time employees classified as “Correctional Officers” at the facility. The Grievant was employed on June 17, 1991 as a Corrections Officer, which is the position he held at the time of his termination on October 7, 1992.
City of Houston and Grievant (Jan 4, 1987)
Background
By his conduct which is detailed below, [B] has been suspended for acts and conduct in violation of Rule 13, Section 6, Subsections b, d, e, k, l, m, and o of the City of Houston Civil Service Commission's Rules Governing Members of the Fire and Police Departments which provide as follows:
Section 6—Causes Of Dismissals and Suspensions
No Fireman or Policeman shall engage in, or be involved in, any one of the following acts or conduct and the same shall constitute cause for the removal from service or the suspension of a Fireman or Policeman.
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Model Policy: Protected and Non-Protected First Amendment Expressions
I. Purpose
To provide guidance for employees on protected and non-protected First Amendment Expressions
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City of Mount Vernon IL and Illinois Fraternal Order of Police. (Mar. 5, 2010)
Abstract: This case illustrates how little weight arbitrators give to a grievant’s subjective opinion - without producing any factual evidence. Further, the arbiter recognized management’s right to enforce a “Just Know” standard in the absence of a written rule.