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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Police Officer Denied Tuition Reimbursement Due to City’s Budgetary Constraints

By Jordan Jones

DeniedIn City of Troy, the arbitrator rejected a grievance over the City’s denial of a police officer’s tuition reimbursement request due to the City’s budgetary constraints.

Police officer Misirian informed his employer that he planned on registering for two graduate courses at a university and that he was seeking tuition reimbursement. The City subsequently denied the police officer’s request stating that “2013 [f]unding does not allow for tuition reimbursement at this time.” In other words, the City claimed their budget would not allow for it. [Read more...]

City of Chicago has Discretion in Assigning Mandatory Overtime for Police Officers

By Jordan Jones

Overtime 2In City of Chicago, the arbitrator, citing “management rights” denied police officers’ grievance for not being assigned overtime for “Operation Safe Summer.”

 Police officers from the First District of the City of Chicago filed this grievance after being denied overtime for Operation Safe Summer. Operation Safe Summer was a program designed to counter gang violence in specific high crime areas of the City.  The City took the position that only current gang and tactical team officers were eligible for this assignment. [Read more...]

Florida Fire Department that Ordered Mass Drug Testing Over Missing Morphine Does Not Violated the CBA, Arbitrator Rules

By Anthony Rice

Drug Test  3In the City of Ocala, an arbitrator found that the City did not violate the CBA when it urine tested 19 firefighters who had access to two fire trucks from which narcotics went missing.

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Suspension Reduced for Chicago Officer Who Attempted to Help His Friend—a Bombing Suspect

By Anthony Rice

Justice ScalesIn City of Chicago, the arbitrator reduced the Grievant’s suspension from 20 days to 10 days for a Chicago officer charged with interference in the execution of search warrant during an investigation of a car bombing by a suburban Police Department in which the Officer’s friend was a suspect.  The arbitrator ordered the reduction after he concluded that the Officer did not interfere with the execution of a search warrant, but did agree that the Officer had been verbally abusive to the investigating officers.

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Air Force Firefighting Contractor Fails Arbitration Test Because of Its Inconsistent and Disparate Application of Pulmonary Capacity Tests on Assistant Chief

By Anthony Rice

FailIn CSC Applied Technologies, the arbitrator sustained the grievance finding that Management overlooked mitigating factors when it terminated an assistant fire chief from service on the grounds that he failed to meet medical requirements. [Read more...]

Arbitrator Refuses to Rescind a Voluntary Resignation after Finding the Employee Called in Sick to Work another Job

By Anthony Rice

Out SickIn City of Lorain, the arbitrator found the Ohio City had just cause for the termination of an EMT based on his voluntarily resignation to avoid prosecution of “office theft.”  

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Illinois Police Officer Temporarily Dodges Bullet of Summary Judgment on ADEA Retaliation Claim – Court Provides Chance to Find Present More Evidence of Materiality and Causation

By Mitchel Wilson

3D person with a sand clockIn Bell v. City of Harvey, the district court suspended the City’s motion for summary judgment and granted Police Sergeant Andrew Bell more time to present evidence to substantiate his claims of five instances of retaliation for filing an age discrimination claim under the Age Discrimination in Employment Act (ADEA).

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