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.

[Read more...]

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.

[Read more...]

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).

[Read more...]

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.

[Read more...]

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.

[Read more...]

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.

[Read more...]

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.

[Read more...]

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.

[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.

[Read more...]

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.

[Read more...]