Thursday, March 13th, 2008

Alaska Supreme Court: Recent Oral Arguments in Employment Cases

Classified Employees Ass’n v. Matanuska-Susitna Bor. Sch. Dist., S-12606, argued Feb. 14, 2008
After custodial workers lost their jobs when the school district outsourced their work to a private contractor, CEA filed a grievance arguing the outsourcing was a contract violation.  The District refused to arbitrate the grievance, claiming it has the unlimited right to privatize […]

Thursday, March 13th, 2008

9th Cir: Employer’s Secret Video Surveillance of Locker Room

A police detective secretly video-taped several officers’ locker room, investigating the theft of a flashlight.  The Ninth Circuit now holds that the officers had both a subjective and objective reasonable expectation of privacy, and that no reasonable supervisor could have believed that the search was constitutional.   The detective, thus, had no immunity to a damage claim […]

Thursday, March 13th, 2008

9th Cir: Pre-employment Drug Test for Public Employee

The City of Woodburn, Oregon, requires conditionally-accepted candidates for any position to take a pre-employment drug test.  A finalist for the position of part-time library page challenged the requirement under the Fourth Amendment.  The 9th Circuit has now upheld the invalidation of the policy, not facially, but as applied to this plaintiff. 
 The Court of Appeals held […]