April 29, 2024
By Jim Cline and Peter Haller
In Copeland v. Georgia Department of Corrections, the 11th Circuit Court of Appeals ruled that a transgender male corrections officer demonstrated that he suffered intentional and repeated misgendering in the workplace. These facts were sufficient to give rise to a hostile work environment claim.
Filed Under: Discrimination, Legal Rights, Sexual Orientation Discrimination
April 26, 2024
By Jim Cline and Peter Haller
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.
Filed Under: Arbitration Rulings
April 8, 2024
By Jim Cline and Peter Haller
In Hussey v Cambridge, a police officer sued after he was suspended for four days without pay following a Facebook post he made criticizing a police reform bill named after George Floyd. The Court held that the officer’s First Amendment rights were not violated because the officer’s right to free speech was outweighed by the City’s interest in promoting community trust.
Filed Under: Constitutional Rights, Free Speech Rights
March 29, 2024
By Jim Cline and Peter Haller
In Noon v. Smedley,the Federal 8th Circuit Court of Appeals ordered that two Illinois police officers be reinstated after they had been fired in retaliation for expressing negative sentiments about the chief of police. The court held that the officers’ speech was protected under the first amendment.
Filed Under: Constitutional Rights, Free Speech Rights
November 23, 2022
By Jim Cline and Kim Lowe
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.
Filed Under: Arbitration Rulings, Discipline
November 22, 2022
By Jim Cline and Kim Lowe
In City of Webster Grove, Missouri, Arbitrator Peña denied the grievances alleging that the City went back on its agreement to pay employee firefighters up to 6-months of differential pay when they are completing military service instead of the 120 hours designated in the City policy. Because the Union did not negotiate the collective bargaining agreement to include the updated military leave policy, and the City’s evidence that the policy was never changed was more credible, Arbitrator Peña held that unit members are only entitled to the 120-hours.
Filed Under: Contract Interpretation
October 26, 2022
By Cynthia McNabb and Kim Lowe
In Neal v. Indianapolis Fire Department, a District Court judge ruled that there was no merit to a claim by a former employee that he was discriminated against on the basis of his disability when he was terminated for poor attendance.
Filed Under: Disability Discrimination, Discrimination
October 25, 2022
By Jim Cline and Kim Lowe
In Grant County Sheriff’s Office, Arbitrator Latsch granted a grievance regarding management’s decision to unilaterally change the scheduling system for the Corrections Officers. He ordered Grant County to reinstate the schedule that was in effect prior to the unilateral change and to bargain any further changes to scheduling with the union.
Filed Under: Contract Interpretation
October 19, 2022
By Jim Cline and Kim Lowe
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.
Filed Under: Arbitration Rulings, Discipline
August 29, 2022
By Jim Cline and Stephen Hatton
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.
