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.

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Six to Ten Late Reports a Month Gives the City Just Cause to Fire an Officer

By Anthony Rice

 

LateIn 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.

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Dispatcher’s Termination Upheld Pursuant to an Enforceable Last Chance Agreement

By Anthony Rice

911

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.

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City’s Attempt to Withhold Officer’s Annual Wage Increase Violates CBA

By Anthony Rice

Female officerIn 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.

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New Mexico Firefighter Reinstated after Discharge for Failing to Report Misconduct

By Jordan Jones

FirefighterIn 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.

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City Violated Due Process When It Failed to Provide “Probationary” Officer with Loudermill Hearing When Probation Period had Lapsed

By Anthony Rice

Gavel SlamIn City of Memphis v. Lesley, the court held that failing to provide an officer with a statement of charges against her, violated her due process right where her probationary period was over, despite having been out of the academy for less than a year. [Read more...]

Toledo Firefighter’s Grievance for Time Off Sustained Over City’s Objections

By Jordan Jones

Time OFfIn City of Toledo, the arbitrator sustained an Ohio firefighter’s grievance for being denied use of 24 hours of compensatory time off, after reviewing the Collective Bargaining Agreement language.

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City’s Attempt to Deny Officer’s Widow Her Life Insurance is Thwarted by Arbitration

By Anthony Rice

Contract glassIn City of Chicago Police Dep’t,, 132 LA 641 (Bierig 2012), the arbitrator found the parties’ intent defined an ambiguous word being used by the City to deny an officer’s widow her life insurance.

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Arbitrator Construes CBA to Say Past Holiday Work Does Not Create an Expectation for Future Holiday Work

By Anthony Rice

PastIn the City of Chicago, the arbitrator denied the grievance alleging a CBA violation for the City’s decision not to staff a Patrol Officer on a holiday, despite having done so in the past.

At the time of the alleged CBA violation, the Grievant, who is currently a Sergeant in the Chicago P.D., was a Patrol Officer detailed to the Special Events Unit. The Special Events Unit is responsible for coordinating the P.D.’s response to special events, such as parades, motorcades, and movie shoots. Thus, on holidays like Lincoln’s Birthday, at issue here, the Grievant normally is assigned work. However, in this case the Grievant was not “required to work” his regular tour of duty on the contractual holiday because The Special Events Unit had been declared “non-essential” by the City. The Union grieved, asserting the City abused its Management rights.

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Federal District Court Trashes City’s Motion to Dismiss Due Process Claims of Terminated Police Officer Accused of Misusing City Dumpsters

By Emily Nelson

DumpsterIn Mariano v. Borough of Dickson City, a Pennsylvania Federal District Court held that the City was not entitled to dismissal of a terminated police officer’s claim that his right to due process was violated when he was fired shortly after filing grievances.

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