Arbitrator upholds termination of Sheriff's Deputy
Arbitrator Jeffrey Jacobs has upheld the termination of a Sheriff's Deputy accused of, among other things, stalking a woman he met on the internet, improper storage of his weapon, and possession of "injectable illegal drugs." The award can be found here. During an investigation of the stalking complaint grievant's house was searched and police discovered drugs in his gun safe. An unlocked firearm was found in a knapsack by the entry door. Grievant was ultimately charged with stalking and felony level possession of illegal drugs. He went to trial on the stalking charge and was acquitted. He entered an Alford plea on the drug charge, essentially acknowledging that the state had sufficient evidence of his guilt but not admitting to it. His employment was terminated, and the termination was submitted to Arbitrator Jacobs for resolution. Arbitrator Jacobs rejected the Union's argument that the acquittal on the stalking charge effectively cleared grievant of this offense. The arbitrator noted that the evidence produced at the hearing was sufficient to establish grievant's conduct and that the acquittal did not "absolve the grievant from any and all responsibility to the employer for the grievant's conduct." Similarly the arbitrator found no basis to conclude that the Alford plea somehow absolved grievant of responsibility for the possession of the legal drugs. Finally he also concluded that grievant's explanation for the unsecured weapon "rang particularly hollow." With regard to the stalking issue, the Arbitrator acknowledged that, standing alone, this incident might not support termination. However, he found grievant's continued unwillingness to acknowledge the impact of his actions, and his claim that he had a first amendment right to contact the women made significant discipline appropriate. He concluded further that the possession of illegal drugs represented a clear violation of policy warranting discipline. Arbitrator Jacobs also agreed with the position of the County that the negative media attention these off duty incidents generated made them a matter of legitimate concern. Finding termination appropriate notwithstanding the absence of any prior disciplinary history, Arbitrator Jacobs noted particularly grievant's apparent lack of remorse. Grievant never acknowledged the wisdom surrounding the need to secure weapons, arguing that he did not think he needed to follow it. Finding grievant's responses generally "unapologetic" Arbitrator Jacobs concluded that grievant had not demonstrated any acceptance of responsibility and that "progressive discipline was shown not to apply in this unique scenario."
NLRB's unit determination prevails over arbitrator's contrary award
The District Court in Chicago has granted the request of Columbia College Chicago to vacate an award of Arbitrator Robert Perkovich, finding it contrary to a decisions of the NLRB. Part-Time Faculty Association v. Columbia College Chicago The issue arose from a dispute over the bargaining unit placement of certain full time staff of the College who also taught on a part time basis. The full time staff at the College were represented by United Staff of Columbia College Chicago (the Staff union). Part time faculty were represent by the Part-time Faculty Association (PFAC). For some time, the full time staff who also teach (FTST) were paid the wages set forth in the PFAC Agreement but were not treated as part of that bargaining unit. In February of 2015, the Staff Union filed a petition with the NLRB seeking a self determination election among the FTSTs. The College opposed this petition, claiming in part that these employees were already included in the PFAC unit notwithstanding an exclusion from that unit of "full-time staff." The PFAC opposed inclusion of the FTSTs into their unit. The Regional Director (here) dismissed the petition, concluding that the FTSTs were already included in the PFAC unit. PFAC sought review of the Regional Director's decision and also pursued a grievance to arbitration, contending that following the Regional Director' decision the College improperly and unilaterally granted the FTSTs bargaining unit seniority for times preceding the decision (and during which the employees had not paid dues). Arbitrator Robert Perkovich issued an award concluding, as a matter of contract interpretation, that the FTST were not part of the PFAC bargaining unit. Arbitrator Perkovich determined "because the parties did not mutually intend to include the FTST employees in the bargaining unit ... the Employer violated ... [the] Agreement when it treated those employees as if they were in the unit." The College sought to vacate the award, and PFAC sought to confirm it. The District Court granted the College's request and denied that of the Union. The Court found that, on matters of representation, the Board's ruling "even if incorrect or unpersuasive" prevailed over that of an arbitrator.
Update: The Seventh Circuit has affirmed the District's Court's decision here.
Interest Arbitration panel won't impose two-tier residency requirement
An interest arbitration panel, chaired by Arbitrator Marvin Hill, refused the request of the City of Springfield, IL to include in the police officers' contract a residency requirement applicable to new hires. The panel, with one dissent, was reluctant to impose a residency requirement where one had not previously existed, and was particularly disinclined to impose one limited to new hires. It noted that two tier provisions tended to be disruptive and were "disfavored." The award can be found here.
Union, not grievant, has authority to appeal to arbitration
The Appellate Division of New York's Supreme Court reversed a trial court's decision and noted that pursuant to the express provision of the applicable collective bargaining agreement only the Union could appeal a case to arbitration. Since the Union had not done so the grievants demand "had no legal effect." Matter of Widrick
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