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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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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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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