Demotion of North Carolina Female Detention Officer for Violation of Unwritten Policy Forbidding Presence of Opposite Sex While Inmates Shower

By Kasey Burton

Unwritten-Rules-HeaderIn Gethers v. Harrison, the U.S. District Court, Eastern District of North Carolina held that a sheriff’s office did not unlawfully discriminate on the basis of gender when it demoted a female detention officer. The female officer refused to leave the bathroom area while a male inmate was showering. Two other male officers were present, and the inmate was no longer agitated or presenting any sort of threat.  Consequently, the female officer’s presence was determined unnecessary and inappropriate.  During the course of the investigation following the demotion, the Sheriff concluded that Gethers was not truthful and subsequently terminated her on that basis.

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Police Officer with Disciplinary Record Able to Sue for Harassment based on National Origin

By Kasey Burton

discriminating outsiderIn Morshed v County of Lake, the Court held that years of slurs and constant denigration were enough to allow Police Officer Morshed to pursue a national origin harassment claim even though he lost no pay or benefits.

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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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