Reference no: EM132374458
After reading the Unfair Labor Practices Case Study, identify specific violations of unfair labor practices.
Naples Daily News, June 30, 2010
FORT MYERS - An international union has filed a lawsuit against Lee County Sheriff Mike Scott, alleging he violated a sergeant's right to free speech by retaliating against him after he advocated for a sergeants' union.
The International Union of Police Associations, AFL-CIO, and Sgt. Jonathan Washer filed the lawsuit against Scott and the Lee County Sheriff's Office in U.S. District Court in Fort Myers.
"Defendant Michael Scott established this policy and practice of retaliation and intimidation and did so in order to intimidate and punish officers who had advocated for the IUPA and to discourage other officers from joining the IUPA," the lawsuit says. "As a result of the defendants' retaliatory actions, the IUPA's attempts to recruit new members and gain new cards authorizing an election have been hindered."
The lawsuit says Scott and his office violated Washer's First Amendment right to free speech, his right to freedom of association, and the actions were an intent to deter others from voting for a union.
The lawsuit says Washer, a 15-year employee who had received numerous commendations and awards, including for exceptional service, began advocating for the union in April on his own time, asking sergeants to sign cards to have the union designated as its bargaining representative.
He also communicated with other deputies, telling them they needed union assistance for benefits, fair discipline, salary, pensions and lobbying. The lawsuit says Washer's activities were known among colleagues and he even pushed for the union on his Facebook page.
"Sheriff Scott vigorously opposed a drive to bring a union to the Sheriff's Office in late 2009," the lawsuit says. "Sheriff Scott sent out dozens of emails denigrating unions generally, and encouraging employees to vote."
The lawsuit says one email suggested, "In every organizational structure, attitude generally translates to altitude."
On June 10, Washer was called into a meeting with majors Jim Jones and Matthew Powell and Lt. Shawn Ramsey, his supervisor, who told him he was being removed from the Economic Crimes Unit and transferred to road patrol.
"Major Jones told Washer that he was a great supervisor and that Washer was being reassigned to allow him to grow," the lawsuit says. "Washer was told that the removal was not disciplinary."
Although Washer protested, the lawsuit says, he was immediately moved and told to turn in his equipment and vehicle. At the time, the lawsuit says, he was investigating a dozen cases, overseeing more than 500, and wasn't allowed to close out the cases or speak with his detectives about them.
Washer is the only sheriff's employee who is a certified fraud examiner, according to the lawsuit, which says Sgt. Keith Day, who has no specialized experience or training in economic crimes, was assigned to his post.
The lawsuit says transferred employees usually are given notice before transfers, but Washer wasn't given any. In contrast, the lawsuit says, employees who are being punished and disciplined are reassigned without notice.
As a result of the transfer, the lawsuit says Washer will lose his $2,000 yearly incentive pay, and an $800 annual uniform allowance. He also will work from another office on a different schedule, have a loss in pay and benefits and is suffering from emotional distress, humiliation, and will have a loss in pay and benefits, the lawsuit alleges.
The lawsuit seeks reinstatement to his former position, asks a judge to order Scott to cease and desist from retaliation, intimidation, and harassment, and seeks damages for lost wages, lost promotional opportunities, and other compensatory damages.