By David Worley
An arbitrator in City of Canton, ruled that Canton Police Sergeants are entitled to have the Patrol Officer’s signing bonus included in the equation when calculating the Sergeant’s contractually, guaranteed rank differential agreement [Read more…]
By Kate Acheson
In Rogers v. Georgia Dep’t of Corr., a federal district court in Georgia considered whether an internal investigator’s threat of termination and presentation of a pre-written resignation letter is sufficient to show that a resignation was coerced. The court found that, although the knowledge of impending discipline alone is not enough to make a resignation involuntary, the threat and pre-written letter was enough evidence to possibly persuade a jury that the employee’s termination was not voluntary.
By Kate Acheson
In Cincinnati State, 130 LA 1205 (Heekin, 2012), a Campus Police Officer was terminated for “very poor judgment” after pursuing a reckless driver on campus, while driving her own private, unmarked vehicle. The Officer disputed the termination, claiming no just cause existed. The arbitrator agreed and directed the Officer’s immediate reinstatement with back pay, seniority, and benefits.
By Kate Acheson
In City of Tulsa, 130 LA 1163 (Williams, 2012), the Tulsa Police Department terminated an officer for bringing a domestic violence victim to his home. The Arbitrator agreed with the Union’s argument, that the termination was too harsh, based on other Department discipline measures and the officer’s good record.
By Kate Acheson
The Employment Relations Board of the State of Oregon (“ERB”) found in UP-023-12 that the City of Portland violated state law by refusing to implement Arbitrator Wilkenson’s award reinstating Officer Ronald Frashour. The ERB ordered the City to comply with the arbitrator’s award and to post notices of its violation due to its “calculated” avoidance. [Read more…]
By Kate Acheson
In Central State University, 130 LA 1351 (Bell, 2012), Arbitrator Langdon Bell was precluded from awarding monetary damages against Central State University for a violation of their collective-bargaining agreement (“CBA”) with their security officers because the union did file a written request for a specific remedy. Thus, although a violation with associated monetary damages was properly alleged, the Arbitrator could only direct the University to adhere to the CBA staffing guidelines in the future. [Read more…]
By Kate Acheson
The City of Denver was recently thwarted in its attempt to unilaterally implement a new disciplinary system on firefighters. In Denver Fire Fighters, Local 858 v. City & County of Denver, the Colorado Court of Appeals upheld the firefighters union’s claims that a “discipline matrix” – which defined penalties for rule violations – is a mandatory subject of bargaining.
By Kate Acheson
An arbitrator in State of Iowa, 130 LA 1130 (2012, Jacobs) found the Iowa Department of Corrections has just cause to terminate an Iowa State corrections counselor for failing to do enough interviews with inmates. [Read more…]
By Rick Gautschi
In City of Tulsa, 130 LA 1039 (Arb. 2012), a police officer responded to an incident involving an intoxicated person in a parking lot on the Tulsa campus of Oklahoma State University. During the ensuing incident, the officer handcuffed the intoxicated person, and because he was not cooperating, the officer dragged him to a police vehicle. At some point, prior to being placed in the vehicle, the intoxicated person fell and hit either the concrete, or a bumper on the police vehicle.
By Kate Acheson
An arbitrator reduced a 24-year veteran firefighter’s termination for use, despite a previous last chance agreement arising from previous cocaine use in City of Cleveland, 130 LA 1077 (Cohen 2012). Arbitrator Hyman Cohen cited the City’s improper application of the last chance agreement and mitigating factors concerning the recent marijuana use to justify his reinstatement order.
