Chapter Two: Collective Bargaining Rights
Chapter Two: Collective Bargaining Rights
IRAC Example - Illegal Union Retaliation:
Issue: Did the employer unlawfully retaliate against an officer for union activity?
First Amendment protects the right to unionize and engage in union activities. The three-part test for illegal retaliation requires:
One. The officer engaged in protected activity.
Two. The employer knew of the activity.
Three. The adverse action was a direct result of the activity.
Application:
Application:
Officer A spoke at a union meeting protesting unsafe staffing. The chief, aware of the speech, issued a disciplinary warning a day
Conclusion: The officer has a valid retaliation claim under the First Amendment.
Case Example: Mt. Healthy City School District Board of Education versus Doyle, established the burden-shifting framework