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.

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Arbitrator Overturns Officer’s Termination for Taking a Female Victim to his Home: “Extremely Poor Judgment” Mitigated by Other Factors

By Kate Acheson

In City of Tulsa, 130 LA 1163 (Williams, 2012), the Tulsa Police Department terminated an officer for bringing a domestic violence victim to his home.  The Arbitrator agreed with the Union’s argument, that the termination was too harsh, based on other Department discipline measures and the officer’s good record.

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Portland’s Calculated Attempt to Avoid Implementation of Arbitration Award Thwarted by Employment Relations Board

By Kate Acheson

The Employment Relations Board of the State of Oregon (“ERB”) found in UP-023-12 that the City of Portland violated state law by refusing to implement Arbitrator Wilkenson’s award reinstating Officer Ronald Frashour.  The ERB ordered the City to comply with the arbitrator’s award and to post notices of its violation due to its “calculated” avoidance. [Read more…]

You Don’t Get what You Don’t Ask For: Arbitrator Unable to Award Unrequested Relief in CBA Violation

By Kate Acheson

In Central State University, 130 LA 1351 (Bell, 2012), Arbitrator Langdon Bell was precluded from awarding monetary damages against Central State University for a violation of their collective-bargaining agreement (“CBA”) with their security officers because the union did file a written request for a specific remedy.  Thus, although a violation with associated monetary damages was properly alleged, the Arbitrator could only direct the University to adhere to the CBA staffing guidelines in the future. [Read more…]

Despite Managerial Prerogative Provision in City Charter, Colorado Appeals Court Finds Disciplinary System to be a Mandatory Subject of Bargaining

By Kate Acheson

The City of Denver was recently thwarted in its attempt to unilaterally implement a new disciplinary system on firefighters.  In Denver Fire Fighters, Local 858 v. City & County of Denver, the Colorado Court of Appeals upheld the firefighters union’s claims that a “discipline matrix” – which defined penalties for rule violations – is a mandatory subject of bargaining.

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Iowa Corrections Department Properly Terminated Apathetic Employee, Arbitrator Finds

By Kate Acheson

An arbitrator in State of Iowa, 130 LA 1130 (2012, Jacobs) found the Iowa Department of Corrections has just cause to terminate an Iowa State corrections counselor for failing to do enough interviews with inmates.  [Read more…]

Arbitrator Rules Employer was Justified in Issuing a Letter of Reprimand and Suspending an Officer Who Failed to File a Use of Force Report

By Rick Gautschi

In City of Tulsa, 130 LA 1039 (Arb. 2012), a police officer responded to an incident involving an intoxicated person in a parking lot on the Tulsa campus of Oklahoma State University.  During the ensuing incident, the officer handcuffed the intoxicated person, and because he was not cooperating, the officer dragged him to a police vehicle.  At some point, prior to being placed in the vehicle, the intoxicated person fell and hit either the concrete, or a bumper on the police vehicle. 

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Veteran Firefighter’s Termination for Marijuana Use Lacks Just Cause

By Kate Acheson

An arbitrator reduced a 24-year veteran firefighter’s termination for use, despite a previous last chance agreement arising from previous cocaine use in City of Cleveland, 130 LA 1077 (Cohen 2012).  Arbitrator Hyman Cohen cited the City’s improper application of the last chance agreement and mitigating factors concerning the recent marijuana use to justify his reinstatement order.

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Bad Drivers Beware! Arbitrator Upholds Just Cause Termination for Officer Persisting in Bad Driving Habits

By Kate Acheson

In City of Stillwater,130 LA 913 (Chapdelaine 2012), an arbitrator found continued bad driving constituted just cause for an officer’s termination, citing six previous accidents, the last of which resulted in his discharge that had just been overturned by a previous arbitrator. Arbitrator Chapdelaine concluded ,continued driving procedure violations upon his return was enough to uphold the discharge.

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Employer Transferring Several Police Officers to Different Assignments Does not Violate CBA

By Rick Gautschi

In City and County of San Francisco, 130 LA 1043 (Arb. 2012), Until September 2010, several police officers served in the employer’s Ground Transportation Unit (GTU).  Their duties ranged across a number of areas.  For example, they had responsibility for enforcing licensing requirements for taxis and limousines that serve the San Francisco airport and for assisting TSA personnel regarding security and terrorism issues.  In September 2010, the employer transferred three long-serving GTU officers, who had previously filed complaints alleging a hostile work environment, out of that unit to patrol duty. A memorandum of understanding (MOU) between the union and the employer specified that officers would have the opportunity to sign up for watches based on seniority.  Consequently, the union argued that the transfer violated the MOU’s seniority sign up provision because, as the result of past practice, the GTU was a specialized unit within the police department.

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