By Jim Cline and Sam Hagshenas
In an Arbitration decision between the Cuyahoga County Sheriff’s Office and Ohio Patrolman’s Benevolent Association, the Arbitrator reduced the punishment of a corrections officer who had grabbed the neck of an inmate. At issue was County policy that designated application of force to someone’s neck as “deadly force.”
By Jim Cline and Sam Hagshenas
In Town of Steilacoom v. Teamsters Local 117, the PERC Arbitrator ruled that the Town of Steilacoom had just cause to terminate an officer with 32 years of service due to his mishandling of and subsequent false statements about two securing two wheelbarrows of firearms. The Arbitrator reasoned that the officer’s untruthfulness, disregard of policies and orders, and inability to acknowledge wrongdoing justified his termination.
By Jim Cline and Peter Haller
In Office Workers Association of Michigan v. Renner, the Michigan Supreme Court held charging service fees for non-paying members of a bargaining unit is a violation of the duty of fair representation. The Court reasoned that an exclusive bargaining unit takes on the responsibility to represent all members, regardless of whether or not they pay dues.
By Jim Cline and Peter Haller
In Andrade v City of Milwaukee, the Wisconsin State Supreme Court ruled that a police officer fired for making racist comments on Facebook was not entitled to getting his job back because of an alleged pre-termination due process violation. The Court reasoned that the officer was entitled to notice of the charges against him, but not to all the information related to factors involved in determining the level of discipline imposed.
By Jim Cline and Peter Haller
In City of New Albany, an Ohio arbitrator ruled that a shortened work week for three police officers following extensive work on a holiday weekend was not a violation of the CBA agreement. The Arbitrator reasoned that although the CBA guaranteed a 40-hour work week, a specific provision gave the Employer authority to temporarily adjust schedules according to department needs.
By Jim Cline and Peter Haller
In Maxson v Baldwin, an Ohio deputy sheriff sued his ex-Employer after he was discharged following a guilty plea to the misdemeanor of attempting to illegally fill an opioid prescription and testing positive for marijuana. The lawsuit alleged that the Employer discriminated against him by failing to accommodate him under the Americans with Disabilities Act.
By Jim Cline and Peter Haller
In Copeland v. Georgia Department of Corrections, the 11th Circuit Court of Appeals ruled that a transgender male corrections officer demonstrated that he suffered intentional and repeated misgendering in the workplace. These facts were sufficient to give rise to a hostile work environment claim.
By Jim Cline and Peter Haller
In, Town v. Dade County Police Benevolent Association, a police officer was reinstated without back pay after he was discharged for allegedly harassing peer officers through a pattern of antisemitic and misogynistic comments. Arbitrator David Mudrick held that the harassment did not rise to the level of discharge and ordered the Employer to convert the discharge to an unpaid suspension and allow the officer to maintain his seniority.
By Jim Cline and Peter Haller
In Hussey v Cambridge, a police officer sued after he was suspended for four days without pay following a Facebook post he made criticizing a police reform bill named after George Floyd. The Court held that the officer’s First Amendment rights were not violated because the officer’s right to free speech was outweighed by the City’s interest in promoting community trust.
By Jim Cline and Peter Haller
In Noon v. Smedley,the Federal 8th Circuit Court of Appeals ordered that two Illinois police officers be reinstated after they had been fired in retaliation for expressing negative sentiments about the chief of police. The court held that the officers’ speech was protected under the first amendment.
