Articles From Carlos S. Arévalo

SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Labor and Employment Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
SCOTUS overrules Abood in Janus v. AFSCME By Carlos S. Arévalo Local Government Law, September 2018 In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo Labor and Employment Law, December 2014 In Woods v. City of Berwyn, the court had to rule on an employee’s claim that he was entitled to arbitration despite provisions in the collective bargaining agreement that gave the police and fire commission authority to consider disciplinary charges.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo Local Government Law, December 2014 In Woods v. City of Berwyn, the court had to rule on an employee’s claim that he was entitled to arbitration despite provisions in the collective bargaining agreement that gave the police and fire commission authority to consider disciplinary charges.
The Supreme Court’s Vance v. Ball State University decision—Who is a supervisor for purposes of Title VII? By Carlos S. Arévalo Labor and Employment Law, September 2013 On June 24, 2013, the Supreme Court issued its decision in Vance v. Ball State University, which held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim.
A recent PSEBA decision: Lifetime benefits they are not! By Carlos S. Arévalo Labor and Employment Law, March 2013 The Fifth District Appellate Court recently held in Pyle v. City of Granite City that a firefighter was not entitled to the so-called “lifetime” health insurance benefits from his employer, the City of Granite City.
Second District Appellate Court reaffirms ground rules on SSA objection petitions By Michael J. Smoron, Kevin G. Costello, & Carlos S. Arévalo Local Government Law, April 2011 A look at the significance of the Peeples v. Village of Johnsburg case.
The continuing expansion of the Public Safety Employee Benefits Act By Carlos S. Arévalo Local Government Law, June 2010 The Legislature’s failure to specify its intentions will lead to further disputes between cash-strapped local governments struggling to meet the rising costs of operations and disabled safety employees trying to meet and keep up with increasing health care costs.
Wade: The Supreme Court’s final word on Section 3-115 of the Pension Code By Carlos S. Arévalo Local Government Law, June 2008 This article examines the conflicting interpretations of Section 3-115, namely whether physicians retained by a pension board must all agree and certify that the officer is disabled, or whether it requires that the physicians simply address the issue of the officer’s disability status in their certificates. Finally, this article addresses how the Supreme Court has resolved this conflict in its recent decision of Wade v. City of North Chicago Police Pension Board.
A municipality’s dilemma involving injured police officers By Carlos S. Arévalo Local Government Law, April 2007 Whenever an employee is injured on the job, employers and employees are significantly affected.
When does a disability justify a pension? The aftermath of the Turcol decision By Carlos S. Arévalo Local Government Law, September 2005 On October 6, 2004, the Supreme Court granted appeal of a First District decision in the matter of Turcol v. Pension Board of Trustees of the Matteson Police Pension Fund.

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