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.

[Read more…]

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
January 29, 2013 by

Further Drop in Unionization Rates in 2012

By Jim Cline

The Bureau of Labor Statistics (BLS) reports nationwide unionization rates dropped markedly in 2012, dropping from 11.8% in 2011, to 11.3%.  BLS also reported that public sector unionization stood at 35.9%, while private sector unionization was at 6.6%.  These numbers in 2011, stood at 37.0 % and 6.9%, respectively.  In the 1950s, private sector unionization stood at about 35%.

[Read more…]

Filed Under: Collective Bargaining Rights
January 29, 2013 by

White Female Police Officer’s Race and Gender Discrimination Claim Survives Summary Judgment When Black Mayor Wants to Hire “His People”

By David Worley

In Zagaja v. Village of Freeport (116 FEP Cases 1227), the plaintiff’s claims of race and gender discrimination, survived summary judgment when she pleaded sufficient facts to indicate that the Mayor’s hiring of minority and male candidates (and demotion of herself), was based on race, and any other reasons were pretextual. [Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
January 28, 2013 by

Officer’s Termination Vacated Despite Evidence – Chief Failed to Follow Proper Discipline Procedure

By Kate Acheson and Jim Cline

In Dill v. City of Clarksville, a Tennessee Court of Appeals vacated the termination of a police officer because that officer was deprived of due process in the termination proceedings.  Although there was sufficient evidence to support the decision to discipline the officer, the police chief failed to follow the procedure set out in the city code —  requiring all relevant investigation materials be forwarded to human resources prior to taking disciplinary.

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Filed Under: Discipline, Prediscipline procedure
January 18, 2013 by

A More than One-Year Delay Makes Discipline Untimely and Improper Regardless of Just Cause

By David Worley

In Federal Bureau of Prisons (130 LA 1745 (Szuter, 2012), a one-day suspension was overturned entirely based on the lengthy delay that elapsed between the time of the infraction and the time of the discipline. While the arbitrator concluded that just cause existed to discipline the employee for the infraction, he also concluded that the contract was violated by the 15 month delay in completing the investigation.   [Read more…]

Filed Under: Discipline, Prediscipline procedure
January 18, 2013 by

Interference and Retaliation Claims Under FMLA Survive Based on Proximity between Officer Request for Leave and Termination

By David Worley

In Dove v. Community Education Centers, a Pennsylvania federal district court held that a terminated corrections officer could proceed with his retaliation claim, when he was terminated after he had requested leave for his symptoms of depression.  The court also upheld an interference claim against the employer for not informing him of his available FMLA leave.  While the court was not deciding the merits of the claims, it was deciding, upon a summary judgment motion, whether the claims were sufficient to proceed to a trial. [Read more…]

Filed Under: Disability Discrimination, Discrimination
January 18, 2013 by

Police Sergeant CBA “Rank Differential” Requires Inclusion of Patrol Officer Signing Bonus in Differential Calculation

By David Worley

An arbitrator in City of Canton, ruled that Canton Police Sergeants are entitled to have the Patrol Officer’s signing bonus included in the equation when calculating the Sergeant’s contractually, guaranteed rank differential agreement [Read more…]

Filed Under: Arbitration Rulings
January 11, 2013 by

“Suggested” Five Minute Pre-Shift Briefing Might be Compensable, but is Definitely not De Minimis, New Mexico Federal Court Finds

By Kate Acheson

In Brubach v. City of Albuquerque, a group of city security guards claimed the City violated the Fair Labor Standards Act (“FLSA”) by failing to compensate them for pre-shift briefings.  The City of Albuquerque moved to dismiss the guards’ complaint, claiming the time was voluntary.  The federal court denied the City’s request, noting that enough dispute of fact existed to require a jury to decide the matter.  The City also claimed the time was de minimis – so small it is legally insignificant.  The court rejected this argument as a matter of law. [Read more…]

Filed Under: FLSA
January 11, 2013 by

How Voluntary is a Resignation While Under Investigation? Georgia Federal Court Finds Investigator’s Threat, Pre-Written Resignation Letter Potentially Coercive

By Kate Acheson

In Rogers v. Georgia Dep’t of Corr., a federal district court in Georgia considered whether an internal investigator’s threat of termination and presentation of a pre-written resignation letter is sufficient to show that a resignation was coerced.  The court found that, although the knowledge of impending discipline alone is not enough to make a resignation involuntary, the threat and pre-written letter was enough evidence to possibly persuade a jury that the employee’s termination was not voluntary.

[Read more…]

Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
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