Right to Mustache’s sustained: Arbitrator Finds That Air Force’s Firefighter CBA Trumps Employer’s General Grooming Standard

By:  Jim Cline and Clive Pontusson

In Department of the Airforce, Arbitrator John Nicholas determined that a government employer had a right to set firefighter mustache standards because they had an effect on the employer’s ability to give fitness tests. The Union had filed a grievance because it felt the Department of the Air Force had applied the wrong rules under the CBA. The Arbitrator agreed that this was true, but also found that the union’s requested relief would incur additional costs—as a result, the best remedy was the employer simply applying the correct rule. [Read more…]

Union Did Not Breach Duty of Fair Representation by Declining to Grieve Pennsylvania Firefighter’s Termination

By: Jim Cline and Clive Pontusson

In Addeo v. Philadelphia Firefighter and Paramedic Union, a firefighter sued both the City of Philadelphia and his union for violating his due process rights and his right to fair representation. Addeo had been fired following a DUI, and when the Union decided not to pursue his grievance, he filed a personal lawsuit that accused both the City and the union of misconduct. However, a federal judge dismissed all of Addeo’s lawsuit, finding that both the City and the Union had behaved properly.

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South Carolina Officer’s Suspension May Have Been Retaliation for Filing EEOC Claim

By: Loyd Willaford and Clive Pontusson

In Addison v. Sumter County Sheriff’s Office, a federal court in South Carolina ruled that a Sheriff’s Deputy had provided enough evidence to show that her 3-day suspension may have been in retaliation for filing a complaint of discrimination with the Equal Employment Opportunity Commission (EEOC). Even though the Sheriff’s Office argued that the time between her Complaint to the EEOC and her suspension for insubordination was too long to make a connection between the two events, the court disagreed and found that Addison’s case should be brought before a jury. [Read more…]

Illinois Court upholds Arbitrator’s award to Union after Forest District Acted Arbitrarily

By: Loyd Willaford and Matt Baker

In Forest Preserve District of Cook County v. Fraternal Order of Police Lodge No. 166, two Forest Preservation sergeants challenged the Forest District’s decision to withhold overtime opportunities from them. The sergeants attempted to work shifts during which only one other sergeant was scheduled. A previous order by the District indicated that two sergeants would always be scheduled for these shifts. Relying on this policy, the sergeants submitted their names for overtime shifts but were denied. The sergeant’s Union challenged the District and an arbitrator issued the sergeants an award. The District appealed and an Illinois appellate court upheld the arbitrator award.

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Connecticut District Court Finds Officer Was Lawfully Suspended Following Racist and Sexist Comments

By: Loyd Willaford & Sarah Burke

In Koenig v. City of New Haven, a disabled police officer alleged he had been discriminated against after he was suspended with pay following racist and sexist remarks he allegedly made. The city argued that the suspension was not an adverse employment action and, even if it were, it was not done because of the officer’s disability. A United States District Court in Connecticut found the suspension was an adverse action, but that there was no evidence to show that the City suspended the officer because of his disability. The Court dismissed the officer’s claims.

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Arbitrator Sustains Discharge of Frustrated Oklahoma Firefighter Fired for Furious Flurry of Facebook Posts

By: Jim Cline and Geoff Kiernan

In City of Ada, Arbitrator Zane Lumley ruled that there was just cause for the termination of an Ada, Oklahoma firefighter who engaged in a tirade of angry and offensive Facebook posts in response to a police officer arresting his wife for public intoxication.  Ultimately, the Arbitrator ruled that termination was proper because the firefighter showed a clear disregard for the City’s anti-harassment policy and his actions had made it very difficult for him to work with the Ada police department in the future.

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Court Upholds Arbitration Award and Rules Connecticut Police Officer’s Lie Not Bad Enough to Violate Public Policy

By: Jim Cline and Geoff Kiernan

In Town of Stratford (Connecticut), the City attempted to vacate an arbitration decision that had reinstated a police officer who was discharged for lying to an independent neurologist by withholding medical information about his seizures and alcohol abuse.  The City argued that the police officer must be fired because there is a public policy against intentional dishonesty in connection with police employment. The Court agreed that while there was a public policy against intentional policy officer dishonesty in connection with employment, the dishonesty at issue here was not so extreme as to make the arbitrator’s award a violation of public policy.

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Seventh Circuit Finds Illinois Deputy Sheriff Was Retaliated Against After Termination for Moonlighting

free-speechBy Erica Shelley Nelson and Sarah Burke

In Yahnke v. Kane County, an Illinois deputy sheriff was terminated after he continued to hold a second job despite being asked to discontinue the work. The deputy sheriff believed the termination was due to his potential run for Sheriff and his political affiliation. The Seventh Circuit agreed, finding the deputy sheriff was entitled to a trial.

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Deputy Who Allegedly Sexually Harassed Colleague Wins Job Back Because Workplace Was Generally Inappropriate

sopBy Erica Shelley Nelson and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon found that the Employer, Island County, lacked just cause to terminate a deputy sheriff who had 13 years on the job for sexually harassing a coworker.  He instead ordered a 30-day suspension and a final warning notice that future sexual harassment will result in termination.

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Arbitrator Rules Despite the Numerous Grievances Officer’s 23 Year Discipline Free Record Outweigh Other Concerns In Overturning Portland Police Captains Indefinite Demotion

portlandBy Jim Cline and Geoff Kiernan

An arbitrator found that while a Portland police captain committed the numerous offenses at issue during the grievance hearing, the city did not have just cause for the indefinite demotion of the officer.  Given the Police Captain’s 23 year history without discipline and the fact that the officer was in counseling to address some of the issues, the arbitrator found that a 60-day suspension was more appropriate.

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