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.

[Read more…]

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 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 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 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

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

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
November 8, 2012 by

Just Cause Termination for Poor Judgment Requires Clear Policies, Guidance

 By Kate Acheson

In Cincinnati State, 130 LA 1205 (Heekin, 2012), a Campus Police Officer was terminated for “very poor judgment” after pursuing a reckless driver on campus, while driving her own private, unmarked vehicle.  The Officer disputed the termination, claiming no just cause existed.  The arbitrator agreed and directed the Officer’s immediate reinstatement with back pay, seniority, and benefits.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
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