July 29, 2013 by

Fourteen Day Suspension of Prison Officer for Inspection Failures Involving Dead Inmate Reduced when Similar Offense Had Received Lighter Punishment

By David Worley

policies iconIn Federal Bureau of Prisons, 131 LA 536 (Betts, 2012), the arbitrator held the 14 day suspension of a corrections officer was too severe when one of the three alleged instances of misconduct was unsupported, and a fellow officer disciplined for the other two instances of misconduct only received a three day suspension.  Finding that just cause requires similar misconduct to require similar discipline, the arbitrator found the penalty had to be reduced and required the officer be compensated for the days of unjust suspension. [Read more…]

Filed Under: Discipline, Loudermill, Prediscipline procedure
July 29, 2013 by

Denial of Promotion Held Improper When Based on Open Investigation that Mistakenly Implicated the Grievant

By David Worley

Job-promotion-200x266In Department of Justice, 131 LA 550 (Moreland 2013), the arbitrator held that the denial of a promotion to a federal corrections officer was improper when the only reason for the denial was the existence of an excessively long ongoing investigation that implicated the grievant by mistake.  Because the only clear reason for the denial of promotion was the improper investigation, and the employer did not enjoy unfettered discretion in determining promotions as dictated by statute, the CBA, and relevant regulations, the denial was improper and the grievance was sustained.  The arbitrator also determined it was within arbitral authority to compel a promotion. [Read more…]

Filed Under: Legal Rights
July 29, 2013 by

Clumsy Drafting Almost Gets Police Officer More Than Was Bargained For

By David Worley

insurance-contract-interpretationIn a brief and straightforward decision in City of Benicia, 131 LA 1099 (Gentile, 2013), the arbitrator denied a higher rate of “educational incentive” pay to a California police officer when that rate awarded to police officers who were employed prior to a certain date, and the grievant was employed by the city prior to that date, but not as a police officer. [Read more…]

Filed Under: Contract Interpretation
July 29, 2013 by

EMT’s ADA Claim Dismissed but FMLA Claim Survives When He Suffered Series of Mini-Strokes, Missed Work, and Was Discharged

By David Worley

220px-Star_of_life2In Bowman v. St. Luke’s Quakertown Hospital, 27 AD Cases 786 (E.D. Pa. 2012), the District Court dismissed an EMT’s failure to accommodate claims under the ADA, but denied the motion to dismiss his FMLA claims when he had been fired for taking too much time off, following a transient ischemic attack which made him unable to work as an EMT.  To survive the motion to dismiss, the plaintiff only needed to allege sufficient facts, when viewed in a light most favorable to the plaintiff, to indicate he had been deprived of his FMLA rights.  His complaint met this low standard. [Read more…]

Filed Under: Legal Rights
June 12, 2013 by

Recent Blog Articles of Note

By Jim Cline

of_noteWe are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look: [Read more…]

Filed Under: Legal Rights
June 10, 2013 by

Retaliation Claim Viable: Hispanic Deputy Sheriff’s Nationality Questioned Immediately After Filing a Workplace Complaint

By Kate Acheson

The Colorado District Court refused to dismiss Hispanic Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed. [Read more…]

Filed Under: Discrimination, Race Discrimination
June 10, 2013 by

Polish not Pollock: Native Polish Officer Successfully Brings Discrimination Claims

By Mitchel Wilson

In Zasada v. City of Englewood, 117 FEP Cases 1454 (2013), the court denied the City’s motion to dismiss Zasada’s claim of a hostile work environment because of his national origin, claim of discrimination based on national origin, and equal protection claims when he was referred to in a derogatory manner and experienced an adverse employment action. [Read more…]

Filed Under: Discrimination, Legal Rights, Race Discrimination
June 7, 2013 by

Almost Nine Lives – Officer Terminated after Signing Last Chance Agreement for Misconduct Following Seven Suspensions

By Mitchel Wilson

In Dominguez v. O’Flynn, 35 IER Cases 246 (N.Y. App. Div. 2012), on appeal, the Supreme Court Appellate Division overturned an order of reinstatement of a sheriff’s deputy when the court found a valid last chance agreement existed. The termination was valid regardless of the fact that two of the three charges of misconduct were determined invalid because the deputy had violated the last chance agreement in a single instance of misconduct. Although the last chance agreement was entered into in lieu of a disciplinary hearing, the court found this was not coercion and did not render the agreement void. [Read more…]

Filed Under: Discipline
June 6, 2013 by

Federal Appeals Court Dismisses Due Process Claim Involving the Removal of a K-9 Position with No Specialty Premium and Retaliation Claim When No Connection to Action and Protected Activity Demonstrated

By David Worley

In Gawlas v. King, 34 IER Cases 1485 (3d Cir. 2013), the Federal Third Circuit upheld the dismissal of both retaliation and claim brought by a Pennsylvania police officer when there was no alleged causal connection between the complaining officer’s union position and political affiliations and the removal of the K9 unit to which he was assigned.  The court also found no due process violation, finding no property interest in the K-9 position which offered no premium pay. [Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
June 6, 2013 by

California Corrections Lieutenant Who Fails Baton Handling Test Not Owed a Transfer to an Administrative Position

By David Worley

In Furtado v. State Personnel Board, 34 IER Cases 1585 (Cal. Ct. App. 2013), the court upheld a medical demotion of a California Correctional Lieutenant to a support position who was deemed unable to perform the physical aspects of the peace officer job after he failed the baton handling test.  A California Government Code barred waiving physical requirements of peace officer jobs, the court held that, and the Lieutenant’s request to be transferred to an “Administrative Lieutenant” position was functionally a request to have those requirements waived, as all corrections officers must be able to perform the physical requirements.

[Read more…]

Filed Under: Disability Discrimination, Discrimination
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