By David E. Worley
In Carroll v. Clifford Township, 34 IER Cases 1118 (M. D. Pa. 2012), summary judgment was denied when the plaintiff, the former sheriff, had his position eliminated, his department budget reduced, and was denied entry into the Fraternal Order of Police after filing a lawsuit against the township and subsequently filing an earlier retaliation lawsuit.
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.
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.
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…]
By David E. Worley
I
n 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.
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.
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.
By David Worley
I
n 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…]
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…]
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.
