By Anthony Rice
In Orange County, an Arbitrator ruled that the severity of a Fire Inspector’s sexually harassing conduct against subordinates for which he was terminated, outweighed any mitigating factors in his employment record.
August 28, 2014 by
Arbitrator Holds that Sexual Harassment Is So Odious a Positive Work Record Cannot Mitigate Orange Florida Fire Inspector’s Actions
August 11, 2014 by
The Name of the Discipline Changed, but the Fact Remains, Border Patrol Violated Double Jeopardy
By Anthony Rice
In Dep’t of Homeland Security, Arbitrator John Hoose held that U.S. Customs and Border Protection violated double jeopardy when it punished an Agent twice for the same DUI offense.
August 7, 2014 by
County Did Not Violate Collective-Bargaining Agreement When It Did Not Pay Higher Classification Officer Pay To Officer Upon her Return From Leave Under the Family and Medical Leave Act
By Oliver Enquist
In County of Tazewell, an Arbitrator held that a Tazewell County Classification Officer had no contractual right to remain in the Classification Officer position during her leave of absence, covered under the Family Medical Leave Act (FMLA).
August 1, 2014 by
Arbitrator Upholds Discharge of California Corrections Deputy for His Sexual Misconduct Toward Female Inmates
By Jordan L. Jones
In County of Yuba, 133 LA 361 Arbitrator William Riker held that there was just cause to discharge a corrections Deputy Sheriff for his interactions with female inmates, which included inappropriate touching and searches.
July 22, 2014 by
Mitigating Factors Saves Job of Florida Firefighter that Failed to Respond to Calls
By Jordan L. Jones
In Village of Key Biscayne, the Arbitrator held that the Fire Department (“Department”) did not have “just cause” to discharge a Fire Captain (“Grievant”), despite his failure to respond to a call for assistance.
July 3, 2014 by
Arbitrator Upholds Discharge of Texas Sergeant that Disobeys Orders not to Post Name Clearing Report
By Anthony Rice
In City of Waxahachie, the Arbitrator upheld the termination of a Sergeant for numerous department violations where the Sergeant used city equipment to disseminate investigative findings that dismissed a subordinate’s complaint against the Sergeant, despite a clear order from the Chief not to do so.
June 19, 2014 by
Six to Ten Late Reports a Month Gives the City Just Cause to Fire an Officer
By Anthony Rice
In City of W. Carrollton, Ohio, the Arbitrator found the City terminated an officer for Just Cause, because he was filing 6 to 10 late reports a month. Noting previous suspensions for the same violation, the Arbitrator concluded the officer had received the progressive discipline he was due.
June 17, 2014 by
Dispatcher’s Termination Upheld Pursuant to an Enforceable Last Chance Agreement
By Anthony Rice
In City of Sunrise, the Arbitrator concluded his hands were tied by a Last Chance Agreement (LCA) signed by a dispatcher, where the LCA was enforceable and the dispatcher violated its terms.
June 17, 2014 by
City’s Attempt to Withhold Officer’s Annual Wage Increase Violates CBA
By Anthony Rice
In City of Springdale, the Arbitrator ruled that the City violated the CBA when it refused to grant an officer’s wage increase after she was out on maternity and injury leave, where the intent of the parties surrounding the CBA was to grant the wage increase on the anniversary of the officer’s date of hire.
May 9, 2014 by
New Mexico Firefighter Reinstated after Discharge for Failing to Report Misconduct
By Jordan Jones
In City of Farmington, the arbitrator found that a firefighter’s termination that included an allegation of failure to report his off duty DUI was without just cause because (1) the employer’s investigation was not conducted fairly and objectively, (2) the employer did not obtain substantial evidence that the employee was guilty, and (3) the discipline was not reasonably related to the incident.
