Friday, June 22, 2012

Labor Arbitration in the News

The reports on an arbitrator’s award reinstating a police officer, terminated for allegedly violating an alcohol rehabilitation agreement. Fired Jackson officer gets job back.
According to the Daytona BeachNews-Journal an arbitrator has upheld the termination of a police officer who threatened to kill himself and other police officers after police responded to his home after his wife called 911.
Suicidal Daytona Beach officer won't get job back.
The New Haven Register reports on an appellate court’s decision affirming a lower court order confirming an arbitration award ordering the City of Hamden to rehire five public works employees. The arbitrator held that the City breached an agreement not to lay off employees as long as the City was subcontracting recycling work.
Appellate court backs rehiring decision at Hamden Public Works Department (document).

 The Neshaminy (PA) School District has filed a petition seeking to vacate an arbitrator’s award reinstating a teacher who was dismissed following her arrest for theft and receiving stolen property. The School District claimed that the teacher misrepresented sick leave to cover her court appearance and charged her with immorality under the School’s Code. Arbitrator Rochelle Kaplan found that the Grievant had misrepresented her sick leave but found no evidence that she engaged in immoral conduct. She ordered the teacher reinstated following completion of her rehabilitation program. Neshaminy appeals ruling to rehire teacher charged with shoplifting.

The Appellate Strategist discusses a decision of an Illinois appellate court concluding that an arbitrator erred in implying a just cause for dismissal standard into a contract that did not expressly include one. Beware The Sounds of Silence. The court concluded that “The arbitrator’s decision …went beyond the clear language of the collective bargaining agreement.”

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