February 26, 2013
By David Worley
In City of Crystal (131 LA 268 (Neigh, 2012)), the arbitrator determined that the City and the Union were bound by the contract language and its plain interpretation in regard to the required contribution of the City to employee’s health insurance as well as contributions to the employee’s Health Savings Accounts. The dispute arose in an unusual context in which premiums decreased after the expiration of the CBA and the City had to determine how to administer the benefit, which was reduced in its cost.
Filed Under: Discipline, Prediscipline Procedure
February 26, 2013
By David Worley
In Smith v. City of New Smyrna Beach (116 FEP Cases 1973 (M.D. Fla. 2012)) a female firefighter’s alleged facts on claims of sex discrimination and retaliation were sufficient to survive summary judgment when she was suspended for using profane language. Using such language was common in the workplace and no one else had received a suspension. Additionally, a hostile work environment may exist. Taken in a light most favorable to the Plaintiff, the court concluded, the facts were sufficient so that a jury might find the Plaintiff was treated adversely because of her gender.
Filed Under: Discipline, Prediscipline Procedure
February 26, 2013
By Jim Cline
We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some articles worth reading. Here are some other articles we think are worth a look.
Filed Under: Legal Rights
February 19, 2013
By David Worley
In Phillips v. Marion County Sheriff’s Office (194 LRRM 2389 (9th Cir. 2012)), the Ninth Circuit Court of Appeals ruled that a Corrections Officer has a constitutionally protected property interest in their employment once a final and binding reinstatement order has been issued.
Filed Under: Constitutional Rights, Legal Rights
February 15, 2013
By David Worley
In Municipality of Penn Hills (131 LA 114), a 30-year EMT argued that his five-day suspension was unnecessarily harsh. The result was the reduction of the five day suspension to a one-day suspension when the arbitrator found that the intention of the greivant was to protect the life of a child. Although the employee violated two known protocols, the arbitrator concluded that the surrounding facts mitigated the severity of the violation, and thus only a minimal punishment was warranted.
Filed Under: Arbitration Rulings, Discipline
February 15, 2013
By David Worley
In Wardia v. Justice & Pub. Safety Cabinet Dep't of Juvenile Justice, (27 AD Case 385 (6th Cir. 2013), the Sixth Circuit Federal Court of Appeals granted summary judgment on a failure to accommodate claim of a former juvenile detention worker who was physically unable to perform a restraint on an inmate.
Filed Under: Disability Discrimination, Discrimination
February 12, 2013
By David Worley
In Hall v. Village of Flossmoor Police Department (116 FEP Cases 1209), an Illinois Federal Court threw out the lawsuit of a School Liaison officer who was fired after an admitted sexual relationship with an 18 year-old, recently graduated student. The officer ultimately admitted that it occurred and had included sex in the Department vehicle. The court determined his claim that his race played a role in the termination could not survive summary judgment when the evidence of misconduct was so apparent.
Filed Under: Discrimination, Race Discrimination
February 8, 2013
By David Worley
In Kosek v. Luzerne County (116 FEP Cases 1244 (M.D. Pa. 2012)), the court denied the County’s summary judgment motion concerning a discrimination lawsuit brought by a Corrections Counselor. The Officer claimed that the County had failed to promote the most qualified candidate for discriminatory reasons, and, although later corrected its action, did so only after the Correction Counselor had filed a grievance and separate lawsuit.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
February 8, 2013
By David Worley
In City of Mt. Vernon, Illinois, 130 LA 1677 (Heekin 2012), the arbitrator held that four instances of clear and egregious falsehoods contained in the officer’s reports as well as at least one instance where the officer verbally abused a suspect gave the City cause for termination. Further, the arbitrator rejected the union’s argument that the officer was denied due process, noting that she was fully informed of the charges against her, and was given copies of all the evidence against her and provided an ample opportunity with legal counsel to respond to the charges.
Filed Under: Arbitration Rulings, Discipline
February 5, 2013
By David Worley
The arbitrator in Bainbridge Township (131 LA 209), upheld the termination of a female police officer who told confidential information to her lover, a married police officer from another precinct who was under a pending investigation for abusing his wife. The arbitrator found termination proper for the breach of trust resulting from the grievant giving confidential information to the officer under investigation, as well as informing him that police were “on their way” to respond to the domestic disturbance call. The grievant’s use of a personal phone in her superior’s office, as well as excessive personal cell phone use during work hours are aggravating factors supporting the termination.
