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First Thursday

Richard Poulson, LRIS

A monthly podcast from LRIS that provides in-depth coverage of trends in public sector labor relations.

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  • 20 episodes
  • Updated Thursday

Episodes20

Newest first
  • Thursday · 1 hr 29 min

    First Thursday, August 2026

    The Brady Rule affirms that the government, because of its obligation to provide defendants with a fair trial, must turn over favorable, exculpatory evidence to a criminal defendant. Over the years, Brady has become as impactful on public safety labor law as it has in criminal law. Brady Lists of officers with histories of misconduct that could impact their credibility exist in jurisdictions across the country. In this month’s First Thursday, Rick covers three Brady cases from Virginia, New Jersey, and Iowa and discusses how the Rule is being applied. Court Balances Brady Discovery Against Officers’ Cell Phone Privacy, United States v. David, No. 7:26-cr-00006 (W.D. Va. June 30, 2026). (23:40) Public Defender Entitled to Common Law Access to Police IA “Appendix K” Reports, N.J. Off. of the Pub. DEF. v. N.J. Dep’t of Law, 2026 N.J. Super. Unpub. LEXIS 757 (42:14) Iowa Supreme Court Limits On Placing Officers On Brady Lists, Richmond v. Jefferson County Attorney, (Iowa 2026) (1:05:21)

  • July 9 · 1 hr

    First Thursday, July 2026

    The Supreme Court has wrapped up its 2026 docket, and, in this podcast, Rick covers three decisions that impact public safety employees. US v. Hemani (03:19) Margolin v. National Association of Immigration Judges (32:13) Trump v. Slaughter (45:40)

  • June 4 · 1 hr 1 min

    First Thursday, June 2026

    Rick Poulson covers a potpourri of cases from across the country, including two involving police take-home vehicles. Cases: New Mexico Labor Relations Board Finds Police Take-Home Vehicles Policy A Mandatory Subject Of Bargaining, Village of Hatch Police Officers Ass’n v. Village of Hatch, PELRB No. 128-25, 2026 WL 1031973 (N.M. Pub. Emp. Lab. Rels. Bd. Mar. 19, 2026). (00:06:07) New Jersey PERC Nixes Union’s Challenge To Revocation Of Take-Home Car Policy, City of Pleasantville,52 NJ PERC 56 (PERC Hearing Examiner Jan. 5, 2026). (00:30:36) Sheriff’s “Instant Survey” On Schedule Change Not Direct Dealing, In the Matter of Deputy Sheriffs Benevolent Ass’n of Onondaga County, Inc. v. County of Onondaga, 58 PERB ¶4561 (2025). (00:36:43) City Repudiated Grievance Procedure By Failing To Hold Step 2 Hearings, City of Medford and Medford Fire­fighters Union, IAFF, Local 1032, 2025 WL 4659437 (Mass. L.R.C. July 30, 2025). (00:49:37)

  • May 7 · 46 min

    First Thursday, May 2026

    The rise of gambling apps has created an multitude of issues, and the public safety labor environment has not been immune from its effects. In this episode of First Thursday, Rick Poulson explores this rapidly growing issue and its implications for public safety agencies. Sparked by both personal observations and a high-profile case involving alleged embezzlement tied to gambling addiction, the discussion examines how technology has transformed gambling behavior—and why agencies must take notice. Rick breaks down the legal landscape, including the limitations of federal protections under the ADA, evolving state laws, and practical strategies for unions and management to address gambling-related risks. The episode concludes with forward-looking guidance on policy, prevention, and early intervention. 00:00 – Introduction & LRIS Updates Overview of upcoming seminars in Nashville and Las Vegas. 03:30 – Philadelphia Sports & Gambling Ad Saturation Rick discusses the agony of being a Sixers fan and the explosion of sports betting advertising. 06:00 – Real-World Case: New Haven Police Chief Allegations of embezzlement tied to gambling addiction and online betting apps. 09:30 – Rise of Online Sports Betting Legalization trends since 2018 and widespread adoption of betting apps. 13:30 – Gambling Accessibility & Behavioral Risks How mobile apps and privacy increase addiction risk and concealment. 17:00 – Research on Gambling Addiction Trends JAMA study showing a 60%+ increase in searches for gambling addiction help. 20:00 – Younger Workforce & The Impact of New Technology Concerns about younger employees and normalized app-based betting. 24:00 – Workplace Behavior & Technology Shift Analogy Comparison to past workplace misconduct trends altered by mobile tech. 28:00 – Legal Framework: ADA Overview Explanation of disability protections and reasonable accommodation. 31:30 – ADA “Sin Exceptions” & Gambling Exclusion Why compulsive gambling is explicitly excluded from ADA protection. 36:30 – Evolution of Medical Understanding (DSM) Shift from impulse control disorder to recognized gambling disorder. 42:00 – Legal Consequences of ADA Exclusion No federal protection or accommodation rights for gambling addiction. 46:00 – Attempts to Link Gambling to Other Disabilities Why courts reject arguments tying gambling to depression/anxiety claims. 49:30 – State Law Variations Some states allow protections; others mirror ADA exclusions. 55:00 – Policy Contradictions Across States States that allow betting but deny protections for gambling addiction. 59:00 – Public Safety Workplace Implications Financial misconduct risks, reporting obligations, and trust concerns. 1:03:00 – Prevention Strategies & Policy Options EAP programs, education, reporting systems, and possible restrictions. 1:08:00 – Sample Contract Language for Early Disclosure Example policy encouraging voluntary disclosure before misconduct. 1:12:00 – Balancing Accountability & Support How to help employees while maintaining discipline standards. 1:15:00 – Closing Thoughts & Future Outlook Call for proactive approaches and continued discussion.

  • March 5 · 55 min

    First Thursday, April 2026

    Upcoming seminars from LRIS (00:01:12) The Cases Court Rejects Late First Amendment Challenge to “Talk My S**t” Termination, Shelton v Cuyahoga Metropolitan Housing Authority (6th Cir. 2026) (00:02:40) No ULP When Citgy Refused To Make Firefighters Whole For W-2 Errors, Rochester Fire Fighters Ass’n v. City of Rochester, 58 PERB ¶ 4569 (2025) (00:13:16) New Jersey Labor Board Dismisses Most Of Officer’s Claims Over Social Media Posts And Interview Rights, State of New Jersey (Department of Corrections), 52 NJPER ¶ 38 (NJ PERC 2025) (00:24:38) Giglio List Placement Sinks Officer’s EEO Claim, Cox v SEPTA, No. 25-1100, 2026 WL 195004 (3d Cir. 2026) (00:35:50) Constitutional Challenge To North Carolina’s Giglio Statute Allowed To Proceed, Leech v. State, 922 S.E.2d 732 (N.C. Ct. App. 2025) (00:48:01)

  • March 5 · 57 min

    First Thursday, March 2026

    The U.S. Supreme Court recently heard oral arguments in the case United States v. Hemani. The case deals with whether federal criminal statute 18 U.S.C. § 922(g)(3), which makes it a felony for an “unlawful user” of a controlled substance to possess a firearm, is constitutional when it is used to prosecute a person who is a marijuana user and who keeps a gun safely secured at home for self-defense. The case will have important ramifications for law enforcement officers as marijuana use is becoming more accepted both recreationally and medicinally. The latest from LRIS (0:04:25) The case (0:06:00) Other cases discussed in the podcast: United States v Daniels (5th Cir. January 2025) https://www.supremecourt.gov/DocketPDF/23/23-376/284275/20231005143926385_Daniels%20Pet%2010.4.pdf United States v. Cooper (8th Cir. February 2025) https://caselaw.findlaw.com/court/us-8th-circuit/116899332.html Cooper v Garland (11th Cir. August 2025) https://media.ca11.uscourts.gov/opinions/pub/files/202213893.pdf United States v. Harrison (10th Cir. August 2025) https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111289347.pdf

  • February 5 · 45 min

    First Thursday, February 2026

    Employers often try to win disputes by focusing on technical definitions or procedural arguments. They will apply a narrow definition to an employee’s workplace right and reframe the dispute so the protection seems not to apply. All four cases covered in this month’s podcast are examples of this tactic. See how courts decided. The Cases No Weingarten Rights For Arbitration Witness, But Interview Nonetheless Coercive, Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). (00:04:36) New Hampshire Supreme Court Rules In Favor Of Corrections Officer Terminated After Raising Staffing And Safety Concerns, Appeal of Cass (New Hampshire Personnel Appeals Board), 2025 N.H. 51, 2025 WL 3466392 (N.H. Dec. 3, 2025). (00:12:45) Court Orders Release Of Internal Affairs Report After Redaction, States Newsroom Inc. v. City of Jersey City, 2025 WL 2202105 (N.J. Aug. 4, 2025) (00:22:30) Firefighter Entitled To Full Paid Military Leave For Forty 24-Hour Shifts, Driscoll v. City of Melrose, 2025 WL 3247580 (Mass. App. Ct. Nov. 21, 2025). (00:32:42)

  • January 15 · 36 min

    First Thursday, January 2026, Part 2

    In part two of this month’s podcast, Rick offers his predictions for 2026 for three different categories. The economy – boom or bust? (00:02:10) Recruitment and retention – will federal agencies poach local law enforcement officers? (00:14:40) The courts – big changes in equal opportunity. (00:23:37)

  • January 8 · 1 hr 2 min

    First Thursday, January 2026, Part 1

    A look back, a look ahead. We took January 1 off for the New Year’s Day holiday, so this First Thursday episode is posting on the second Thursday. We will be posting a bonus episode on the third Thursday (and you thought there were no more Christmas gifts coming). This episode will cover what Rick thinks were the three most important issues in public safety labor relations from 2025. In next week’s episode, Rick will make his predictions for 2026. What’s happening at LRIS? (00:01:24) Big developments in 2025 (00:03:18) Privacy (00:04:08) Melton v. City of Forrest City, 2025 U.S. App. LEXIS 20503 * Hussey v. City of Cambridge, 2025 U.S. App. LEXIS 20858 (1st Cir. 2025) Hedgepeth v. Britton, 2025 U.S. App. LEXIS 21793 (7th Cir. 2025) Recruiting and retention (00:30:30) King County, Decision 13920-A (PECB, 2024) State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025)Hudson County, 51 NJPER ¶ 61 (2025) San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025) No tax on overtime (00:50:31)

  • Dec 4, 2025 · 59 min

    First Thursday, December 2025

    We here at LRIS would like to wish everyone a joyous and peaceful holiday season. Here’s what in store for this last First Thursday podcast of 2025: Upcoming seminars from LRIS (00:01:53) The cases: State ex rel. GateHouse Media Ohio Holdings II, Inc. v. Columbus Police Dept., Slip Opinion No. 2025-Ohio-5243 (00:05:02) Big Court Win for PA Firefighters in PTSI Workers Compensation Appeal, Ganley v. Upper Darby Township (Workers’ Compensation Appeal Board), 2025 WL 2967361 (Pa. Commw. Ct. Oct. 22, 2025) (00:15:35) Probationary Employee’s Firing, Union Inaction Not Unfair Practices, Wayne County Juvenile Detention Facility, et al., 39 MPER ¶ 6 (MERC 2025) (00:28:15) Pennsylvania State Police Unlawfully Refused To Process Probationary Trooper’s Grievance, Commonwealth of Pennsylvania, 57 PPER ¶ 17 (PLRB 2025) (00:35:29) Compton Fire Chief’s Retaliatory Fitness Ban Violates California Law, Compton Firefighters, IAFF Local 2216 v. City of Compton, PERB Decision No. 2976-M, 50 PERC ¶ 47 (Cal. PERB Aug. 1, 2025) (00:42:46) Sheriff CBA’s Vacation Cap Provision Trumps Inconsistent Past Practice, Luce County Sheriff & Luce County Board of Commissioners, 39 MPER ¶ 11, 2025 WL 2451349 (Mich. Emp’t Relations Comm’n Aug. 8, 2025) (00:49:27)

  • Nov 7, 2025 · 1 hr 12 min

    First Thursday, November 2025

    Richard Poulson interviews Memphis Police Association President Matt Cunningham about the recent deployment of national guard troops to his city. Cases: Labor Board Rules County Cannot Unilaterally Change Schedule, County of Gloucester, 51 NJPER ¶ 73 (2025) Illinois Labor Board Requires Production of Info Despite “Ongoing Related Litigation,” City of East St. Louis, 42 PERI ¶ 22 (ILRB 2025)

  • Oct 2, 2025 · 1 hr 12 min

    First Thursday, October 2025

    Rick and labor attorney Jessica Caggiano discuss what is and what isn’t protected speech by a public employee and in the age of social media. How has social media impacted how courts determine what speech is disruptive to the workplace? Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that will be featured in the Public Safety Labor News. Cases: Pickering v. Board of Education, 391 U.S. 563 (1968) (0:07:57) Rankin v. McPherson, 483 U.S. 378 (1987) (0:11:47) Noble v. Cincinnati & Hamilton County Public Library, No. 23-3853 (6th Cir. 2024) (0:17:35) Fenico v. City of Philadelphia, 2024 U.S. Dist. LEXIS 195138 (E.D. Pa., 2024) (0:27:29) Brown v. City of Tulsa, January 7, 2025 (10th Circuit) (0:39:00) Hussey v. City of Cambridge, August 15, 2025 (1st Circuit) (0:42:59) Hedgepeth v Britton, August 26, 2025 (7th Cir. 2025) (0:49:23)

  • Sep 4, 2025 · 1 hr 10 min

    First Thursday, September 2025

    Rick interviews former firefighter and firefighter union leader, Bob Brooks, about his bid to represent Pennsylvania’s 7th district in the congress. They discuss the importance of political involvement by public safety labor and management representatives from all backgrounds. 00:02:16 – What’s next from LRIS 00:05:03 – County Permitted To Assign Probation Officers To Detention Facility Following Expiration Of “Temporary Emergency” Assignment Side Letter, San Bernadino County, 49 PERC ¶ 166 (CA PERB 2025). 00:12:58 – Codification Of Unwritten Work Rule Not An Unfair Practice Where No Change To A Mandatory Bargaining Subject, Jenkintown Borough, 56 PPER ¶ 57 (Proposed Decision and Order, 2025). 00:20:14 – Officer Terminated For Leaving Interrogation To Wait For Union Rep, County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025). 00:31:26 – Due Process Requires Impartial Tribunal In Brady List Dispute, Corbo v. Chester County, 2025 Pa. Commw. LEXIS 70 * (Pa. Commw. Ct. 2025). 00:45:24 – Interview with Bob Brooks

  • Aug 7, 2025 · 52 min

    First Thursday, August 2025

    Rick is joined again by labor attorney Jesse Bernstein to discuss the no tax on overtime provision from recent budget bill along with the usual roundup of cases. 00:01:15 – The latest from LRIS 00:03:17 – No tax on overtime Cases 00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association v. City of Santa Ana, 2025 Cal. App. LEXIS 115 (Cal. Ct. App. 2025). 00:25:34 – Rhode Island Supreme Court Permits Unilateral Changes To CO Attendance Policy, State v. Rhode Island State Labor Relations Board, 333 A.3d 83 (R.I. 2025). 00:37:53 – County Jail Not Required To Bargain Solitary Confinement And Use Of Force Policies, Allegheny Cnty. Prison Emps. Indep. Union v. Pa. Lab. Rels. Bd., 2025 Pa. Commw. LEXIS 99 (Pa. Commw. Ct. 2025).

  • Jul 3, 2025 · 1 hr 20 min

    First Thursday, July 2025

    This month, Rick is joined by Philadelphia labor attorney Jesse Bernstein. The two discuss the following cases: NY Court Precludes Cross Examination Of Police Officers On Civilian Review Board Findings, United States v. Clanton, 763 F. Supp. 3d 261 (E.D. N.Y. 2025). (00:03:36) Bologna v. Krasner, 2025 U.S. Dist. LEXIS 120185 (E.D. Pa. 2025). (00:24:25) Oregon Employer’s “Bargaining Summary” Emails To Officers Did Not Constitute Improper Direct Dealing, Oregon Corrections Enterprises, Case No. UP-042-24 (ORB 2025). (00:46:53) NJ Fire Chief Not Bound By Unratified, Secret Compensatory Time Settlement, City of Jersey, 51 NJPER ¶ 70 (2025). (01:08:45)

  • Jun 5, 2025 · 50 min

    First Thursday, June 2025

    FAQs 00:00:49 What are the limits on fitness for duty exams? What counts as protected union activity? Does a high test score entitle you to a promotion? What happens when a long-standing past practice conflicts with new (or old) contract language? What’s new with LRIS? 00:01:24 Cases Cook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam, Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025). 00:03:06 Union President Engaged In Protected Concerted Activity When Sharing Confidential Report, Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025). 00:14:49 No Due Process Owed To Minneapolis Officer Removed From Promotional List, Humphrey v. City of Minneapolis Civ. Serv. Comm’n, 2025 Minn. App. Unpub. LEXIS 173* (Minn. Ct. App. 2025). 00:24:49 County Commits ULP By Unilaterally Discontinuing Practice Of Providing Paid Leave When Courthouse Closed For Holidays, County of Albany and Albany County Sheriff, 57 PERB ¶ 3011 (2024). 00:36:18 NJ Court Overturns Arbitration Award That Repudiated 30-Year Past Practice, Newark Fire Officers Union, Loc. 1860 v. City of Newark, 2024 N.J. Super. Unpub. LEXIS 2969 (N.J. Super. Ct. App. Div., 2024). 00:42:11

  • May 1, 2025 · 49 min

    First Thursday, May 2025

    0:01:32 What’s new with LRIS. 0:03:20 Seattle Officers Who Attended Jan 6 Rally Cannot Remain Anonymous, John Does 1, 2, 4, & 5 v. Seattle Police Dep’t, 2025 Wash. LEXIS 86 (2025). 0:15:24 Terminated Firefighter’s “Perceived Speech” Claim Triggers First Amendment Protect ions, Vargas v. City of Tracy, 2025 U.S. Dist. LEXIS 31591 (E.D. Cal. 2025). 0:25:30 Snippy And “Chilling” Email From NJ Administrator To Union President Constitutes ULP, City of Trenton, 51 NJPER ¶ 46 (2025). 0:36:43 NJ PERC Permits Unilateral Change To COs’ Weekend Work Schedules, Hudson County, 51 NJPER ¶ 61 (2025).

  • Apr 3, 2025 · 57 min

    First Thursday, April 2025

    Rick and economist Jeremy Crimmel discuss the nation’s economic outlook and what effects tariffs may have on inflation. Cases: State Court Confirms Louisiana Police Association’s Right to Engage in Political Activity, La. State Troopers Ass’n v. State Police Comm’n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. Jan. 30, 2025). Bad Record Keeping Defense Fails For Louisiana Police Chief Caught With Drugs And Cash In Vehicle, State v. Bratton, 2025 La. App. LEXIS 331 (La. Ct. App. 2025). City Council Permitted To Sue Firefighter For Pursuing Recall Petition After Service Cuts, Waggoner v. Husk, 337 Ore. App. 519 (Or. Ct. App. 2025).

  • Mar 6, 2025 · 1 hr 4 min

    First Thursday, March 2025

    In this month’s podcast, Rick discusses an important free speech case involving a fight over a police association’s logo and speaks with police defense attorney Lance LoRusso about a use of force case being decided by the Supreme Court. 00:01:41 — What’s going on with LRIS. 00:02:50 — Union logo free speech case (FOP Pennsylvania State Lodge v. Springfield Township). 00:14:32 — Lance LoRusso talks about the Blue Line Lawyer Institute and its upcoming Force Forum on May 20-22 in Jekyll Island, Georgia. 00:30:27 — Rick and Lance discuss a Barnes v. Felix. This use of force case on the Supreme Court’s docket is about whether courts should apply the “moment of the threat” doctrine when evaluating an excessive force claim under the Fourth Amendment.

  • Feb 6, 2025 · 1 hr 2 min

    First Thursday, February 2025

    This month’s podcast explores the connections between all workers, whether public safety or civilian, federal or state, public or private. Rick Poulson is joined by his colleague Joe Richardson to discuss this with a focus on a recent union-busting case out of Douglas County Colorado. 0: 03:43 – What’s going on with LRIS? 0:06:08 – A bit of labor history, Part 1: The Boston police strike of 1919 0:12:38 – A bit of labor history, Part 2: PATCO strike of 1981 0:25:10 – Joe Richardson introduction 0:28:27 – Case: FOP Lodge 47 v. Douglas County and the Douglas County Sheriff’s Office