By: Jim Cline and Jordan L. Jones
In Clark County Sheriff , the Arbitrator held the employer did not violate the CBA when it denied a Ohio deputy sheriff’s compensatory leave. The Arbitrator stated that the employer had proved that it did not have “sufficient manpower” available at the time that the deputy had requested compensatory leave in compliance with the CBA.
By: Jim Cline and Geoff Kiernan
In Federal Bureau of Prisons an arbitrator found that the Union failed to carry it burden of proof in proving that an Officer was “bullied” by his Commanding Officer, “Captain T.” The union attempted to prove that the Captain’s behavior should be seen as a precursor to work violence, which the CBA expressly states, cannot be tolerated. The agency however held that discipline is to be expected and the Officer was not singled by his superiors.
By: Jim Cline and Geoff Kiernan
In Allegheny County Jail, a Pennsylvania arbitrator found that the county violated its CBA when it expanded its random call provision to include officers with suspensions unrelated to violations of the Sick Leave Policy. The CBA provision at issue allowed management to randomly call any officer that called in sick to ascertain and/or confirm the illness or injury. But the random phone calls where only supposed to be made to an officer who has reached “suspension level” in the progressive disciplinary procedure.
By Jim Cline and Geoff Kiernan
In 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.
By Jim Cline and Jordan L. Jones
In 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.
By Jim Cline and Jordan L. Jones
In 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.
By Jim Cline and Geoff Kiernan
In 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.
By Jim Cline and Jordan L. Jones
In 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.
By Jim Cline and Jordan L. Jones
The Arbitrator held in City of Memphis, 133 LA 612 (Skulina 2014) that a police officer’s discharge for “inciting officers to strike” should be reduced to a 10-day suspension since the discussion with another officer was about a past and not a current strike.
By Geoff Kiernan
In 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.
