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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Officer’s Grievance Gets Plowed When Appellate Court Finds Issue of Snowplow Work Not Arbitrable

By Anthony Rice

SnowplowIn City of Naperville v. Ill. Fraternal Order of Police, the Illinois Appellate Court held the issue of refusing to hire a police officer to operate a snowplow, while off duty, was not arbitrable because the parties’ CBA did not have an expressed provision stating otherwise. [Read more...]

Florida Mass Drug Testing Arbitration Result Appears to Turn on its Facts and CBA Language

By Jim Cline

CommentaryOccasionally, an arbitration decision calls out for a bit more explanation and the Arbitrator’s Ruling allowing the Ocala Fire Department to “Mass Test” its Firefighters is one such decision.  As described in our recent case note on the decision, the arbitrator found that the reasonable suspicion language in the CBA allowed the City to undertake a “mass test” all firefighters with any type of access to fire trucks from which narcotics had gone missing.

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Standby or On-Call? Union Successfully Grieves Baltimore County Failure to Pay Deputies despite 12-Year Past Practice of Nonpayment

By Mitchel Wilson

Time is MoneyIn Baltimore County, Arbitrator Richard Trotter granted the Union’s grievance for lost compensation for Deputy Sheriffs who are subject to being called into work while they are off duty.  

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Arbitrator Holds Anchorage May Not Unilaterally Change Non-Sworn PD Employees’ Alternative Work Schedule after 10 Years

By Mitchel Wilson

Schedule ChangeIn Municipality of Anchorage, Arbitrator Robert Landau concluded that because the City of Anchorage changed the Police Support work schedule, it had improperly changed a working condition in violation of the CBA.

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When Juvenile Detention CBA Allows for Light Duty Positions, Detention Center is Required to Offer it to Officers, Arbitrator Declares

By David Worley

Light DutyWhen the Ashtabula County Youth Detention Center declared that it was no longer providing “transitional” positions, which were specifically detailed in the CBA, the employer was found by an arbitrator to have improperly read these provisions out of the CBA.

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Florida Firefighter Loses the Fight: Arbitrator Holds that Involuntary Transfer is Permissible and Not Disciplinary

By Mitchel Wilson

3d man boxingIn Orange County, Florida, 131 LA 1367 (Smith 2013) Arbitrator Harold Smith concluded that the decision to transfer a firefighter was not a disciplinary decision and therefore was permissible according to the provisions of the CBA even though an employee conflict prompted the transfer.

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Number of Patrol Deputies Allowed on Vacation Comes Down to the Definition of “Watch”

By Mitchel Wilson

VacationIn DuPage County Sherriff, 13 LA 1131 (Wolff 2013), the arbitrator sustained the Union’s grievance based on the assertion that the County was preventing deputies from taking vacation in violation of the CBA terms. 

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When the CBA specifies who will be Promoted, Management may elect to Leave Position Vacant, Arbitrator holds

By David Worley

PromotionIn City of Chicago, 131 LA 902 (Goldstein, 2013), the arbitrator found no violation of the CBA occurred when the Chicago Police department did not elevate a Captain to position of Commander when the current Commander was temporarily absent even though the CBA specified that an available Captain (the grievant), would be elevated to that position when it became vacant.  The arbitrator found a valid exercise of management rights when the City decided it was unnecessary to fill the vacant Commander position when the vacancy was for such a short period.  Although during the vacancy, officers were instructed to look to a Commander at a neighboring district for “any questions or concerns”, the arbitrator found this did not constitute actually filling the vacancy.

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Private Duty Work of Police Officer, even when Assigned by Department, does not count toward Overtime, Arbitrator Holds

By David Worley

No OvertimeIn Town of Canton, 131 LA 876 (Gnocchi 2013), the arbitrator found that because the overtime provisions of the CBA did not reference “Private Duty” work, and there was a separate provision detailing the compensation for private duty work, the grievant was not entitled to the overtime rate of pay for that private duty work.  The arbitrator found the lack of applicable language in the overtime provision determinative, and considered private duty work, although assigned by the department and done in uniform, to be essentially work performed for a third party. [Read more...]