News Archives
Marc. A. Fishel Receives OHPELRA's President's Award
02/09/12
DFHK would like to congratulate Marc A. Fishel for receiving the President’s Award at the recent OHPELRA conference. Marc received the award for the preparation of OHPELRA’s position paper in regards to Senate Bill 5.
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U.S. Supreme Court to Decide if a Public Employer's Private Attorney is Covered by Qualified Immunity
01/16/12
On September 27, 2011, the United States Supreme Court agreed to review Filarsky v. Delia, U.S., No. 10-1018, a Ninth Circuit decision denying qualified immunity to a private attorney retained to help a city conduct an allegedly unconstitutional employee investigation.
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SERB Addresses Social Media Termination Case
01/16/12
In our October 2011 newsletter, we advised you of a recent memorandum issued by the General Counsel for the National Labor Relations Board (NLRB) regarding the recent explosion of cases involving social media use by employees.
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Detailed Law Firm Invoices Are Not Public Records
01/16/12
In a 7-0 decision announced on November 29, 2011, the Supreme Court of Ohio declined to issue a writ of mandamus compelling a school district to provide copies of requested documents to a parent involved in a lawsuit against the district.
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Ohio Supreme Court Holds Public Policy Requires Clear Identification of a Specific Law
01/16/12
When all else fails, “at-will” employees who have been terminated will often allege a claim of wrongful discharge “in violation of public policy”. While such a claim legally must stem from a clear legal source found in Ohio law, employees routinely assert that the source stems from a “general” rule of law instead of specifying the particular law.
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Cases Provide Guidance Regarding Civil Service Layoffs
01/16/12
Recently, DFHK received a Report and Recommendation from an Administrative Law Judge recommending that the State Personnel Board of Review (“SPBR”) affirm a civil service layoff.
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Civil Service Waiver in Township's Collective Bargaining Agreement Inapplicable to Lieutenant Promotional Examination
01/16/12
On August 19, 2011, the Seventh District Court of Appeals issued an opinion addressing the interaction between Ohio’s collective bargaining law and Ohio’s civil service law. State ex rel. Cochran v. Boardman Twp. Bd. of Trustees, 2011 WL 3806157 (Ohio App. 2011).
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DFHK Wins Summary Judgment Against Prisioner Claiming Cruel and Unusual Punishment in County Jail
01/16/12
On December 21, 2011, Ohio’s Northern District Court granted the Allen County Sheriff’s Office’s Motion for Summary Judgment against James L. Bridgmon, a former inmate in the Allen County Jail.
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United States District Court Dismisses Former Employee's FMLA and Retaliation Claims
01/16/12
The United States District Court for the Southern District of Ohio recently dismissed FMLA and retaliation claims brought by a former employee of the Fairfield County Board of Developmental Disabilities.
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Healthcare Reform Rings in the New Year!
01/16/12
A reminder that, effective January 1, 2012, the Patient Protection and Affordability Care Act (“Act”) requires most employers to begin reporting the cost of health care coverage on all employees’ W-2 forms.
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David A. Riepenhoff Named Partner
01/06/12
Downes Fishel Hass Kim LLP is pleased to announce that David A. Riepenhoff has been named Partner in the firm.
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Please Welcome Our New Associate Anne McNab
01/05/12
Downes Fishel Hass Kim LLP is proud to announce the addition of Anne E. McNab as an associate to our firm.
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Fire Minimum Manning Provision Removed from Contract
12/09/11
Conciliator ordered the removal of the minimum manning provision in the contract between the City of Newark and the IAFF Local 109.
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Arbitrator Affirms Termination of Deputy for Failing to Meet Firearms Requirement and Sleeping on Duty
12/05/11
Marc A. Fishel recently received an arbitration decision involving a discharge case.
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Trenton Conciliation - Referred to Voters Consistent Rejection of Tax Increases to Rule for City
11/04/11
Marc Fishel recently received the Conciliator, Martin R. Fitts’ Award in the City of Trenton and OPBA Conciliation
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Powell police agree to 18-month wage freeze
10/17/11
Powell City Council has approved 3-year contracts for unionized police officers and sergeants.
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Senate Bill 5
10/17/11
Find out information regarding this bill and our seminars regarding Senate Bill 5, also known as Issue 2.
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Delaware County Sheriff’s Office and OPBA Fact Finding Report
10/17/11
The Fact Finder awarded a wage increase of 3% retro to January, 2.75% in 2012 and a wage reopener in 2013. The Fact Finder also awarded the Union’s request for demand leave to be taken in minimum 4 hour increments with no notice requirements if minimum manning is maintained (total of 40 hours of demand time available annually).
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Last Chance Agreement Upheld
10/01/11
Benjamin S. Albrecht recently won a termination arbitration in the City of Wadsworth. In the Matter of Arbitration Between the City of Wadsworth and IAFF Local 4136, FMCS # 11-54961-6, Grievant was a Firefighter/Paramedic for the City of Wadsworth.
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