By:  Jim Cline and Clive Pontusson

In Department of the Airforce, Arbitrator John Nicholas determined that a government employer had a right to set firefighter mustache standards because they had an effect on the employer’s ability to give fitness tests. The Union had filed a grievance because it felt the Department of the Air Force had applied the wrong rules under the CBA. The Arbitrator agreed that this was true, but also found that the union’s requested relief would incur additional costs—as a result, the best remedy was the employer simply applying the correct rule. [Read more…]

By: Loyd Willaford and Matt Baker

In Forest Preserve District of Cook County v. Fraternal Order of Police Lodge No. 166, two Forest Preservation sergeants challenged the Forest District’s decision to withhold overtime opportunities from them. The sergeants attempted to work shifts during which only one other sergeant was scheduled. A previous order by the District indicated that two sergeants would always be scheduled for these shifts. Relying on this policy, the sergeants submitted their names for overtime shifts but were denied. The sergeant’s Union challenged the District and an arbitrator issued the sergeants an award. The District appealed and an Illinois appellate court upheld the arbitrator award.

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By Jim Cline and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon ordered that a Corrections Lieutenant be reinstated, but demoted to Officer. Arbitrator Axon held that the Sheriff terminated the Lieutenant without Just Cause because she was fired for not following rules that the Jail management had never implemented and that would have been impossible to follow as written.

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By Jim Cline and Geoff Kiernan

In the City of Bay City, a arbitrator ruled that Michigan Fire Department’s unilateral implementation of a new social media policy for firefighters was appropriate under the management rights clause as it was within managements purview to give employees guidance on their conduct. However, the arbitrator did find the provision which required firefighters to report violations of the policy or else face discipline as being unreasonable and therefore unenforceable.

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By Jim Cline and Geoff Kiernan

In the City of Forest Lake, an arbitrator ruled that a Minnesota city did not violate its collective bargaining agreement when it required Officers who attended training on their days of to “flex” their work hours to limit overtime. Despite the fact that the Union tried to official repudiate the practice in bargaining the arbitrator found that this policy was not something that union was able to repudiate.

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