In the City of Poulsbo, the arbitrator ruled the Chief of Police reasonably disciplined a Poulsbo officer with a one-day suspension without pay for issuing a retaliatory parking ticket to his neighbor.
In an Arbitration decision between the Cuyahoga County Sheriff’s Office and Ohio Patrolman’s Benevolent Association, the Arbitrator reduced the punishment of a corrections officer who had grabbed the neck of an inmate. At issue was County policy that designated application of force to someone’s neck as “deadly force.”
In Andrade v City of Milwaukee, the Wisconsin State Supreme Court ruled that a police officer fired for making racist comments on Facebook was not entitled to getting his job back because of an alleged pre-termination due process violation. The Court reasoned that the officer was entitled to notice of the charges against him, but not to all the information related to factors involved in determining the level of discipline imposed.
In, Town v. Dade County Police Benevolent Association, a police officer was reinstated without back pay after he was discharged for allegedly harassing peer officers through a pattern of antisemitic and misogynistic comments. Arbitrator David Mudrick held that the harassment did not rise to the level of discharge and ordered the Employer to convert the discharge to an unpaid suspension and allow the officer to maintain his seniority.
In King County, Arbitrator Latsch upheld the discharge of Deputy Fire Marshall, Mr. A, who was fired after a citizen complained that he drove aggressively in his work vehicle and harassed her. Latsch found that King County had just cause to terminate A, in large part because of A’s “evasive and false statements” about the incident and repeatedly changing his story while it was investigated.
In City of Maumee, Arbitrator Szuter upheld a police officer’s termination for gross incompetence and inefficient performance. Even though Officer A_ was a five-year member of the department and several infractions would not have been enough, on their own, to sustain the termination, Arbitrator Szuter found that the volume of infractions in a short time was an aggravating factor, as was Officer A’s failure to take accountability.
In City of Selma, Arbitrator George Riggs, Jr. held that Selma, California's Police Department had just cause to terminate an officer who had violated six of its departmental policies between 2005 and 2021.
Arbitrator Matthew M. Franckiewicz found that the Employer, Allegheny County, Pennsylvania, correctly denied access to paid parental leave to Officer Randy Alexander. Allegheny Cnty., 2021 BL 159834, 2021 BNA LA 32Although the language in a new interest arbitration award allowed the leave to be taken at any point within the first 12 months of a birth, Arbitrator Frankiewicz held that the interest arbitrator’s award, which specifically ordered the new language on a nonretroactive basis, was only meant to apply to births that occurred after the award was published.
Arbitrator Patrick Halter found that a union representing federal corrections officers in Seagoville, Texas, failed to file a timely grievance on an alleged arbitrator transfer when it believed four of its members had been transferred arbitrarily. Halter ruled in Federal Bureau of Prisons, 2020 BNA 1413 that even though the employer failed to respond to the grievance in a timely manner, a greater error was made by the Union in failing to file a grievance within the 40 days allowed in the CBA.
