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Fall River

What in the World is a “Past Practice” and Why do I Care?

  • By: David Prentice
What in the World is a “Past Practice” and Why do I Care?

In the world of public employment and the labor negotiations, the memorandum of understanding (MOU) between the employer and bargaining unit is a valued and protected document.  Indeed, many MOUs contain a “zipper” clause.  This prevents either the employer or employee group from attempts to reopen the agreement during its term.  The point, is that both sides want finality and...

What Now? Cautionary Tale of a Termination with a Twist

  • By: David Prentice
What Now? Cautionary Tale of a Termination with a Twist

Every now and then, a public agency will make a mistake in the handling of a personnel matter.  The following is a cautionary tale with a twist.

The City/County of San Francisco terminated a police officer.  The California Court of Appeal subsequently concluded that the officer’s discharge was wrongful.  As a result of the holding, the Court ordered that the discharge...