Archives for February 2013

February 26, 2013 by

Union Fails at Arguing the CBA Contains Words That Are Not There

By David E. Worley

In City of Crystal (131 LA 268 (Neigh, 2012)), the arbitrator determined that the City and the Union were bound by the contract language and its plain interpretation in regard to the required contribution of the City to employee’s health insurance as well as contributions to the employee’s Health Savings Accounts.  The dispute arose in an unusual context in which premiums decreased after the expiration of the CBA and the City had to determine how to administer the benefit, which was reduced in its cost.

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Filed Under: Discipline, Prediscipline procedure
February 26, 2013 by

Female Firefighter’s Claims of Sex Discrimination and Retaliation Survive Summary Judgment

By David E. Worley

In Smith v. City of New Smyrna Beach (116 FEP Cases 1973 (M.D. Fla. 2012)) a female firefighter’s alleged facts on claims of sex discrimination and retaliation were sufficient to survive summary judgment when she was suspended for using profane language. Using such language was common in the workplace and no one else had received a suspension. Additionally, a hostile work environment may exist.  Taken in a light most favorable to the Plaintiff, the court concluded, the facts were sufficient so that a jury might find the Plaintiff was treated adversely because of her gender.

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Filed Under: Discipline, Prediscipline procedure
February 26, 2013 by

Recent Blog Articles of Note

By Jim Cline

We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some articles worth reading. Here are some other articles we think are worth a look:

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Filed Under: Legal Rights
February 19, 2013 by

9th Circuit Finds Constitutional Property Interest in Arbitration Reinstatement Order

By David E. Worley

In Phillips v. Marion County Sheriff’s Office (194 LRRM 2389 (9th Cir. 2012)), the Ninth Circuit Court of Appeals ruled that a Corrections Officer  has a constitutionally protected property interest in their employment once a final and binding reinstatement order has been issued.  The Ninth Circuit stated that the property interest extends beyond the employment itself to the reinstatement of employment as well.  The Marion County Sheriff’s Association (in Salem, Oregon), was successful in having a discharged deputy ordered reinstated in a “final and binding” arbitration decision.  The County refused to abide by the arbitration decision, making the argument that public policy did not approve of the mistreatment of inmates, the misconduct the plaintiff was accused of.    [Read more…]

Filed Under: Constitutional Rights, Legal Rights
February 15, 2013 by

EMT’s Suspension for Doing His Job Reduced Because Saving Lives is More Important than Adherence to Protocol

By David E. Worley

In Municipality of Penn Hills (131 LA 114), a 30-year EMT argued that his five-day suspension was unnecessarily harsh.  The result was the reduction of the five day suspension to a one-day suspension when the arbitrator found that the intention of the greivant was to protect the life of a child.  Although the employee violated two known protocols, the arbitrator concluded that the surrounding facts mitigated the severity of the violation, and thus only a minimal punishment was warranted. [Read more…]

Filed Under: Arbitration Rulings, Discipline
February 15, 2013 by

Failure to Accommodate Detention Worker Claim Dismissed When Physical Limitation Disabled Worker from Performing Physical Restraint

By David E. Worley

In Wardia v. Justice & Pub. Safety Cabinet Dep’t of Juvenile Justice, (27 AD Case 385 (6th Cir. 2013), the  Sixth Circuit Federal Court of Appeals granted summary judgment on a failure to accommodate claim of a former juvenile detention worker who was physically unable to perform a restraint on an inmate.  Because the ability to physically restrain, while rarely used, is an essential function of the job, the plaintiff’s request to have other more physically capable employees perform restrains, the court ruled, was unreasonable.  Further, the plaintiff’s request to be put on a light duty monitoring position, the court concluded, was unreasonable, as that position is rotating and temporary, and the ADA does not require converting a temporary position to a permanent one for the sake of accommodating a disability.

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Filed Under: Disability Discrimination, Discrimination
February 12, 2013 by

Court Finds School Liaison Officer Cannot Sustain Race Discrimination Lawsuit after Termination for Admitted Sexual Relationship with Former Student

By David E. Worley

In Hall v. Village of Flossmoor Police Department (116 FEP Cases 1209), an Illinois Federal Court threw out the lawsuit of a School Liaison officer who was fired after an admitted sexual relationship with an 18 year-old, recently graduated student. The officer ultimately admitted that it occurred and had included sex in the Department vehicle. The court determined his claim that his race played a role in the termination could not survive summary judgment when the evidence of misconduct was so apparent. [Read more…]

Filed Under: Discrimination, Race Discrimination
February 8, 2013 by

“No Harm, No Foul” is not a Defense for a Failure to Promote Claim When Corrective Action Took Place After the Lawsuit was Filed, Court Holds.

By David Worley

In Kosek v. Luzerne County (116 FEP Cases 1244 (M.D. Pa. 2012)), the court denied the County’s summary judgment motion concerning a discrimination lawsuit brought by a Corrections Counselor. The Officer claimed that the  County had failed to promote the most qualified candidate for discriminatory reasons, and, although later corrected its action, did so only after the Correction Counselor had filed a grievance and separate lawsuit.  

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Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
February 8, 2013 by

The Video Doesn’t Lie: Officer’s False Reports Give Grounds for Termination

By David E. Worley

In City of Mt. Vernon, Illinois, 130 LA 1677 (Heekin 2012), the arbitrator held that four instances of clear and egregious falsehoods contained in the officer’s reports as well as at least one instance where the officer verbally abused a suspect gave the City cause for termination. Further, the arbitrator rejected the union’s argument that the officer was denied due process, noting that  she was fully informed of the charges against her, and was given copies of all the evidence against her and provided an ample opportunity with legal counsel to respond to the charges.

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Filed Under: Arbitration Rulings, Discipline
February 5, 2013 by

Loose Lips Sink Ships and Support the Termination of Home-Wrecking, Adulterous Police Officer

By David E. Worley

The arbitrator in Bainbridge Township (131 LA 209), upheld the termination of a female police officer who told confidential information to her lover, a married police officer from another precinct who was under a pending investigation for abusing his wife. The arbitrator found termination proper for the breach of trust resulting from the grievant giving confidential information to the officer under investigation, as well as informing him that police were “on their way” to respond to the domestic disturbance call.  The grievant’s use of a personal phone in her superior’s office, as well as excessive personal cell phone use during work hours are aggravating factors supporting the termination.

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Filed Under: Arbitration Rulings, Discipline