Feud Fueled by Questionable Sick Leave Escalates into Plausible ADA Claims for Injured Officer

By Mitchell Riese and Mitchel Wilson

snowflake3-1-1In Sube v. City of Allentown, the Court denied the Defendant City’s motion for summary judgment and permitted the employee’s disability discrimination claims under the ADA to proceed to trial. As the City was aware of Sube’s injury and later terminated him soon after he sought to bring discrimination charges with the EEOC.

[Read more…]

Arbitrator Held That There Was Not Just Cause To Discharge An Illinois Police Officer Based On Two Conflicting Psychological Reports

By Jim Cline and Jordan L. Jones

fit for dutyIn City of Rockford, 133 LA 572 (Simon, 2012) and City of Rockford, 133 LA 587 (Simon, 2013), the Arbitrator denied the police union’s grievance alleging a procedural violation of the CBA, but held that the City did not have just cause to terminate a ten-year veteran police officer based on two conflicting psychological fitness for duty reports.

[Read more…]

Memphis Police Officer is Reinstated After Being Discharged for “Inciting Officers to Strike”

By Jim Cline and Jordan L. Jones

MPDbadgeThe Arbitrator held in City of Memphis, 133 LA 612 (Skulina 2014) that a police officer’s discharge for “inciting officers to strike” should be reduced to a 10-day suspension since the discussion with another officer was about a past and not a current strike.

[Read more…]

Border Patrol Agent’s Time On Administrative Duty For Arrest Was Proper

By Jim Cline and Jordan L. Jones

NO-DUIIn Dep’t of Homeland Security,133 LA 419 (Nicholas 2014) the Arbitrator, citing the memorandum of understanding, denied a Border Patrol Agent’s grievance for being placed on administrative duty, following a DWI arrest, for “too long.”

[Read more…]

Arbitrator Finds Just Cause for Suspension of Coronado Naval Police Officer for Off Base Use of Excessive Force

By Jim Cline and Geoff Kiernan

naval policeIn Dep’t of the Navy,133 LA 1469 (Halter 2014), an Arbitrator Patrick Halter held that there was just cause for the suspension of a Department of the Navy  police officer who used excessive force to subdue a civilian off-base.

[Read more…]

Pennsylvania Arbitrator Rules Against Police Union in Veteran’s Day Holiday Pay Dispute

By Geoff Kiernan

christmasclub_imageIn City of Butler, an arbitrator held that the City did not violate its CBA when it paid a police sergeant time and a half in overtime pay for working during a holiday parade, rather than providing both overtime pay and holiday pay premium.

[Read more…]

Florida Arbitrator Finds Sheriff’s Office Unilaterally Changed Firefighter Union Release Time

By Geoff Kiernan

past practiceIn Broward County Sheriff’s Office, the Arbitrator held that the city could not unilaterally change the way in which the Union President was paid for doing Union work on the clock, especially when such a change violated an established past practice.

[Read more…]

Arbitrator Guy Coss Holds that Spokane Valley Fire Captain Extinguished His Remedy for Termination by Appealing to the Civil Service Commission

By Anthony Rice

email_devilIn Spokane Valley Fire Dep’t, Arbitrator Guy Coss dismissed a Spokane Valley Fire Department (SVFD) employee’s grievance as not arbitrable, because he exhausted his remedy by first appealing to the Civil Service Commission.

[Read more…]

Despite an Unjust Demotion, the CBA Does Not Give a Police Captain Redress

By Anthony Rice

captainIn City of West Palm Beach, the arbitrator held the grievance was not arbitrable, because the captain (grievant) was outside the bargaining unit and the CBA contained no language concerning grieving a captain’s demotion.

[Read more…]

Arbitrator Finds Florida Corrections Supervisor’s Discharge For Unknowingly Bringing A Firearm Into The Workplace To Be Without Just Cause

By Jordan L. Jones

finger pistolIn State of Florida, the Arbitrator held that there was not just cause to discharge a Corrections Supervisor (Supervisor) who unknowingly brought a firearm into her office, because of the unequal discipline she received compared to another Employee for a similar incident.

[Read more…]