In 2012, the City of St. Joseph discharged a police officer after accusing him of being dishonest during an internal affairs statement.  The City had received an opinion from its municipal prosecutor opining that the officer had Brady issues, which means that she was concerned his testimony in court may not be credible in light of the dishonesty allegation.  Morgan represented the officer in an arbitration hearing in March of 2013, at which he presented evidence that that the officer had not been dishonest during his internal affairs statement and also presented expert testimony indicating that the officer did not suffer from Brady issues.  In June of 2013, the Arbitrator issued an Award reinstating the officer with back-pay and benefits.  He held that “the evidence does not support a finding the [officer] had an intent to deceive or misrepresent with his answers, or that the [officer] engaged in intentional dishonesty or untruthfulness.”

In October of 2012, Morgan Roach and Jeff Kratofil filed a lawsuit in federal court alleging a cable installation company’s pay system violates the FLSA rights of its cable installers.  In February of 2013, Morgan and Mike Miller moved for the dispute to be conditionally certified as a collective action.  On June 14, 2013, Morgan and Mike appeared in federal court and Mike argued the motion.  In an Order dated June 27, 2013, the court granted conditional certification, holding that the lead plaintiff had “established a colorable basis for his claim that the putative class members were victims of a single decision, policy, or plan implemented by Defendant … resulting in violations of the FLSA.”  The court also authorized written notice to the members of the class who will have the option of joining the proceeding.  Meanwhile, the parties will proceed with discovery on the merits.

In December of 2012, Morgan Roach, on behalf of FOP Lodge 50, reached a collective bargaining agreement covering the rank-and-file police officers employed by the City of Liberty, Missouri.  The negotiations were especially long and complex because this agreement is the first between the parties.  The new collective bargaining agreement was ratified in early 2013.

In late 2012, Morgan Roach, on behalf of FOP Lodge No. 1, finalized a new collective bargaining agreement with the City of Independence, Missouri covering the rank-and-file employees of the City’s police department.  Although the City had attempted to remove many key provisions, the new agreement maintains the contract’s integrity and also improves several important provisions.

Morgan Roach recently represented the Fraternal Order of Police, Lodge No. 1 in a grievance alleging that its police officer members were “furloughed” in violation of their collective bargaining agreement. After an evidentiary hearing, a labor arbitrator ruled that the City had violated the collective bargaining agreement as alleged. Instead of immediately imposing damages, he ordered the parties to mediate. When mediation failed, the parties litigated the issue of damages before the arbitrator. Ultimately, the arbitrator imposed a “make-whole” monetary award, under which the Lodge’s members shall receive more than $125,000 collectively.

After a difficult negotiation process, Sean McCauley, as lead negotiator, reached an agreement on behalf of FOP Denver Sheriff’s Lodge 27 which included a number of financial improvements and maintained the core provisions of the existing collective bargaining agreement. The City and County of Denver had sought substantial economic concessions.

Sean McCauley defended multiple Kansas City, Kansas police officers in a 1983 action which claimed that the officers had entered a house without sufficient legal justification.  After a long and hard-fought discovery process, Sean was able to help negotiate a settlement which was favorable to the officers and did not require them to concede liability.