Arbitrator Guy Coss Holds that Spokane Valley Fire Captain Extinguished His Remedy for Termination by Appealing to the Civil Service Commission

By Anthony Rice

email_devilIn Spokane Valley Fire Dep’t, Arbitrator Guy Coss dismissed a Spokane Valley Fire Department (SVFD) employee’s grievance as not arbitrable, because he exhausted his remedy by first appealing to the Civil Service Commission.

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Despite an Unjust Demotion, the CBA Does Not Give a Police Captain Redress

By Anthony Rice

captainIn City of West Palm Beach, the arbitrator held the grievance was not arbitrable, because the captain (grievant) was outside the bargaining unit and the CBA contained no language concerning grieving a captain’s demotion.

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Illinois Police Dispatcher’s Grievance Time Barred By The Collective-Bargaining Agreement

By Jordan L. Jones

hangingtimeIn City of Marion, the arbitrator denied the police dispatcher’s grievance for in-service incentive training pay finding that the grievance was not filed timely under the CBA.

The dispatcher received a paycheck on February 28, 2013, and noticed that there was not a wage increase that should have been included for in-service incentive training under the CBA. The dispatcher subsequently filed a grievance with the city on March 22, 2013.

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Oregon Court Holds that City Must Include Vacation and Sick Leave Time When Calculating Overtime Wages for Firefighters

By Jordan L. Jones

out-sickIn Fire Fighters Local 3564 v. City of Grants Pass, the Oregon court of appeals held that the city had to include vacation and sick leave time when calculating overtime wages for firefighters to comply with Oregon Revised Statutes (O.R.S.) 652.080.

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Arbitrator Finds Florida Corrections Supervisor’s Discharge For Unknowingly Bringing A Firearm Into The Workplace To Be Without Just Cause

By Jordan L. Jones

finger pistolIn State of Florida, the Arbitrator held that there was not just cause to discharge a Corrections Supervisor (Supervisor) who unknowingly brought a firearm into her office, because of the unequal discipline she received compared to another Employee for a similar incident.

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Arbitrator Holds that Sexual Harassment Is So Odious a Positive Work Record Cannot Mitigate Orange Florida Fire Inspector’s Actions

By Anthony Rice

fireIn 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.

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The Name of the Discipline Changed, but the Fact Remains, Border Patrol Violated Double Jeopardy

By Anthony Rice

gavels_homeIn 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.

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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

fmlaIn 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).

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Seventh Circuit Rejects Union’s Constitutional Challenges to Wisconsin’s Collective Bargaining Law Amendments

By Jordan L. Jones

Seal_of_WisconsinIn Laborers Local 236 v. Walker, the Seventh Circuit denied the Union’s challenges that Wisconsin’s Act 10 (1), the controversial amendment to the Wisconsin collective bargaining law. The Union had alleged that the amendments infringed upon their First Amendment petition and association rights and (2) denies Union members the equal protection of the laws ensured by the Fourteenth Amendment.

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Arbitrator Upholds Discharge of California Corrections Deputy for His Sexual Misconduct Toward Female Inmates

By Jordan L. Jones

women in prisonIn 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.

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