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.
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.
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.
In 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.
In 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.
In 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.
In 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.
In 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.
In 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).
In Village of Key Biscayne, the Arbitrator held that the Fire Department (“Department”) did not have “just cause” to discharge a Fire Captain (“Grievant”), despite his failure to respond to a call for assistance.
