Sunday, November 12, 2017

Labor Arbitration in the News


Christie administration breached deal with Teacher's Union

The Washington Post reports on an arbitrator's award finding the City of Newark, NJ failed to follow its bargaining agreement with the Teacher's Union. Chris Christie’s administration violated teachers contract, arbitrator says. It’s going to cost a lot to fix. Arbitrator James Mastraini's award can be found here.

Police discipline, arbitration and public policy 

The Minneapolis Star-Tribune reports on an effort by the City of Richfield, MN to vacate an arbitrator's award reinstating a police officer whose employment had been terminated for allegedly using excessive force and failing to properly document his contact with the subject during his interaction. Richfield challenges arbitration system, saying it keeps problem cops on the job Arbitrator Charlotte Neigh overturned the termination, here, finding the force used by grievant was not excessive, and finding that failure to write a report of the contact was not an effort to conceal his actions but was unacceptable performance warranting a three day suspension.
The City maintains that the award is contrary to public policy The article links to the briefs of the City and the Union, and one of the several amicus briefs filed in the case. The article also links to a study by University of Minnesota law student Tyler Adams on Factors in Police Misconduct Arbitration Outcomes

Dispute over surviving spouse's pension benefit within jurisdiction of arbitrator

The Pennsylvania Supreme Court has upheld the jurisdiction of an arbitrator to determine the merits of a claim filed by the widow of a police officer who died while off duty challenging the City of Arnold's efforts to reduce the amount of the pension payable to the widow and seeking to recoup alleged excess payments. State Supreme Court: Arnold cop's widow entitled to half his pay The City had argued that the basis of the claim was statutory and therefore beyond the jurisdiction of the arbitrator. The Court found, however, that because the relevant statute was incorporated into the bargaining agreement the issue of interpretation of that statute was within the arbitrator's jurisdiction. The Court's opinion can be found here.

Arbitrator uphold termination of police officer for false reports

The San Angelo, TX Standard-Times reports on the decision of Arbitrator Ruben Campos upholding the"indefinite suspension" of a San Angelo police officer for allegedly falsely reporting her activities at a crime scene. Suspension of San Angelo police officer upheld Arbitrator Campos concluded that the City had established its claim and there was no evidence of mitigating factors warranting reversal of the decision.
Arbitrator Campos' award can be found here.

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