Arbitrator Finds Just Cause For Discharge Pennsylvania Corrections Officer Who Uses Sick Leave To Participate In Facebook-Posted Body Building Photo Shoot

By Jim Cline and Geoff Kiernan

i_m_with_stupidIn County of Allegheny, 134 LA 134 (Heekin 2014) the arbitrator upheld a discharge of a corrections officer who used his sick time, rather than his vacation time, to travel to Dallas for a photo shoot for a body building magazine.  The Officer’s participation was confirmed with posted pictures of his photo shoot on Facebook.  The arbitrator found just cause for the Officer’s discharge given that the CBA stated that sick leave was “not a right of taking” such as vacation and the fact that a poor discipline record including a recent last chance agreement. The arbitrator rejected the Union’s claim that there was a “right” to use sick leave as if it was a form of vacation.

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Arbitrator Holds that Tampa Police Officer with Sustained Excessive Force Charge Deserves Another Chance

By Jim Cline and Jordan L. Jones

progressive-disciplineIn City of Tampa, 133 LA 1128 (Smith, 2013) the arbitrator held that an officer who was discharged for violating excessive force should be reinstated. The arbitrator found that the City of Tampa (Employer) did not consider the officers lack of previous discipline and potential for retraining.

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Arbitrator Sustains Discharge of Ohio Corrections Officer for Falsifying Walkthrough Records

By Jim Cline and Jordan L. Jones

liarIn Seneca County Sheriff’s Office, 133 LA 1113 (Harlan, 2014) the arbitrator held that there was just cause to discharge a corrections officer (officer) for falsifying records relating to his job duties. The arbitrator found that the Officer had falsified records to hide the fact that he did not actually perform walkthroughs of jail cells.

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Arbitrator Rules Against Alaska Correctional Officers Association In Dispute Over Pay Rates For Voluntarily Demoted Officers

By Jim Cline and Geoff Kiernan

step downIn State of Alaska, 133 LA 1436 (DiFalco 2014) an arbitrator ruled that the State properly paid Correction Officers who voluntarily demoted themselves back to a lower classification, even though the result was that they were paid less than if they had not been promoted in the first place. The arbitrator conceded that while the results of this were unfair to several Corrections Officers, he stressed that it was not his job to do what was fair but to interpret the contract language as it appeared in the CBA.

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Arbitrator Held That There Was Not Just Cause To Discharge An Illinois Police Officer Based On Two Conflicting Psychological Reports

By Jim Cline and Jordan L. Jones

fit for dutyIn City of Rockford, 133 LA 572 (Simon, 2012) and City of Rockford, 133 LA 587 (Simon, 2013), the Arbitrator denied the police union’s grievance alleging a procedural violation of the CBA, but held that the City did not have just cause to terminate a ten-year veteran police officer based on two conflicting psychological fitness for duty reports.

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Pennsylvania Arbitrator Rules Against Police Union in Veteran’s Day Holiday Pay Dispute

By Geoff Kiernan

christmasclub_imageIn City of Butler, an arbitrator held that the City did not violate its CBA when it paid a police sergeant time and a half in overtime pay for working during a holiday parade, rather than providing both overtime pay and holiday pay premium.

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Florida Arbitrator Finds Sheriff’s Office Unilaterally Changed Firefighter Union Release Time

By Geoff Kiernan

past practiceIn Broward County Sheriff’s Office, the Arbitrator held that the city could not unilaterally change the way in which the Union President was paid for doing Union work on the clock, especially when such a change violated an established past practice.

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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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