Arbitrator Rules Despite the Numerous Grievances Officer’s 23 Year Discipline Free Record Outweigh Other Concerns In Overturning Portland Police Captains Indefinite Demotion

portlandBy Jim Cline and Geoff Kiernan

An arbitrator found that while a Portland police captain committed the numerous offenses at issue during the grievance hearing, the city did not have just cause for the indefinite demotion of the officer.  Given the Police Captain’s 23 year history without discipline and the fact that the officer was in counseling to address some of the issues, the arbitrator found that a 60-day suspension was more appropriate.

[Read more…]

Arbitrator Rules That Illegal Use Of Methadone Makes Nevada Officer Unfit For Duty

pillsBy Jim Cline and Geoff Kiernan 

In City of Sparks, an arbitrator ruled that while the Nevada city had improperly denied an Officer access to an attorney during an investigation, the city still had just cause to terminate him when he voluntarily consented to a drug test, which later tested positive for Methadone.  Furthermore, the arbitrator found that fact two months after his termination the officer was still illegally abusing methadone confirmed that he was still unfit for light duty.

[Read more…]

Arbitrator Find Just Cause For Discipline Of Off Duty Ohio Police Officer Who Chases, Detains, and Yells at Teens TPing His House

toiletpapier_gobran111By Jim Cline and Geoff Kiernan 

In the City of Piqua, an Ohio Arbitrator found just cause for the discipline of an off-duty police officer who violated several departmental policies in an attempt to “catch” the teens who toilet papered his house. The arbitrator held that while the officer was within his rights to chase after the perpetrator, he nevertheless went beyond his legal authority and disobeyed the orders of on-duty police officers on the scene.

[Read more…]

Arbitrator Reinstates but Demotes Island County Corrections Supervisor. Who Was Terminated Following Jail Death: Finds Jail’s Rules Were a “Train Wreck”

gavelBy Jim Cline and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon ordered that a Corrections Lieutenant be reinstated, but demoted to Officer. Arbitrator Axon held that the Sheriff terminated the Lieutenant without Just Cause because she was fired for not following rules that the Jail management had never implemented and that would have been impossible to follow as written.

[Read more…]

Indiana District Court Finds Jailer Was Not Retaliated Against For Taking FMLA Leave Because She Never Returned To Work

cultureBy: Mitchell Riese and Sarah Burke

In McMillion v. Mollenhauer, a former jailer brought a claim against an Indiana Sheriff’s Office alleging race discrimination because she was demoted from corporal, was not paid for her FMLA leave and was wrongfully terminated. The district court granted the Sheriff’s Office summary judgment because the jailer never returned to work after her FMLA leave expiredThe court also rejected the demotion claim because no pay was attached to that position and all other officers had had the title of corporal removed.

[Read more…]

Arbitrator Finds No Evidence To Prove Discrimination Of Federal Bureau of Prisons, When No Officer Corroborates Events

behind-barsBy Jim Cline and Geoff Kiernan

In Federal Bureau of Prisons, an arbitrator ruled that a corrections officer could not sustain his claim that the Federal Bureau of Prisons discriminated against him for being Hispanic. This finding was largely because none of his co-workers corroborated his story and thus there was no evidence to substantiate his claim.

[Read more…]

Federal Appeals Court Holds that Resigning Alabama Corrections Officer Cannot Sue for Disability Discrimination if Provided an Opportunity to Appeal His Pending Termination

policyBy Mitchell Riese and Mathias M. Deeg

In Williams v. Alabama Dep’t. of Corrections, the U.S.Court of Appeals for the 11th Circuit determined that a Corrections Officer’s resignation could not be considered an adverse employment action on the part of his employer if he was provided with reasonable alternatives to resignation. The Court found the employer’s offer to hold a formal hearing at which the Officer could tell his side of the story to be a sufficient alternative to immediate resignation.

[Read more…]

Arbitrator Rules That Michigan Fire Department’s New Social Media Policy Is Vague, But Reasonable, However “Snitch” Provision Is Held to Be Unreasonable.

social-mediaBy Jim Cline and Geoff Kiernan

In the City of Bay City, a arbitrator ruled that Michigan Fire Department’s unilateral implementation of a new social media policy for firefighters was appropriate under the management rights clause as it was within managements purview to give employees guidance on their conduct. However, the arbitrator did find the provision which required firefighters to report violations of the policy or else face discipline as being unreasonable and therefore unenforceable.

[Read more…]

Arbitrator Overturns Discipline, Finding That Ohio County Jail Cannot Require Corrections Officers To Refrain From Defending Themselves

burdenBy Jim Cline and Geoff Kiernan

In Cuyahoga County Court, an arbitrator ruled that County did not meet its burden of proving just cause when it fired a detention officer for insubordination and excessive force. The arbitrator found that it was improper to fire the officer for insubordination because he did not explicitly understand the order, and he was not informed of the consequences of failing to follow the order. The arbitrator also ruled the court did not have just cause to discharge the officer for excessive force when he was only defending himself.

[Read more…]

Arbitrator Rules That Absent A Contract Provision Minnesota Police Department Can Determine How To Classify Training Hours

calendarBy Jim Cline and Geoff Kiernan

In the City of Forest Lake, an arbitrator ruled that a Minnesota city did not violate its collective bargaining agreement when it required Officers who attended training on their days of to “flex” their work hours to limit overtime. Despite the fact that the Union tried to official repudiate the practice in bargaining the arbitrator found that this policy was not something that union was able to repudiate.

[Read more…]