Arbitrator Jerry Fullmer overturned the termination of a Columbus, Ohio police officer who had been dismissed for allegedly having sex with prostitutes in his police vehicle while on duty. City of Columbus and Fraternal Order of Police Capital City Lodge No. 9. Arbitrator Fullmer found that the failure to call the three alleged prostitutes as witnesses undermined the case for just cause. He noted that there was no evidence that the Department made any effort to compel their testimony. He did uphold two separate charges and ordered grievant's reinstatement without back pay.
An Akron, OH police detective's Facebook postings warranted discipline, but the Department's case for termination relied improperly on events that had timed out under the cba. City of Akron and Fraternal Order of Police, Akron Lodge No. 7. Arbitrator Jeffrey Belkin overturned the termination based, according to the City, on the "totality" of grievant's record. Because a number of the occurrences included in this "totality" could not be used for discipline, the Arbitrator focused on Facebook posts that fell within the period for which discipline could be considered. One, which the Arbitrator found clearly referred to persons attempting to cross the border with Mexico, said "just a thought....shoot 'em all." Arbitrator Belkin found this post "represents an incitement to violence against an ethnic minority." A second contained the question "How is it that no-one has offed that dipshit asshat Farrakhan?" that the Arbitrator found "even more deplorable." Arbitrator's Belkin concluded that this post violated not only the Department's Social Media Policy but "fell squarely" within the definition of "Conduct unbecoming an officer." He determined that the appropriate discipline for these offense was a total of a sixty day suspension. The Arbitrator rejected grievant's claim that his comments were protected by the First Amendment. Issues arising from an employees comments on social media are also discussed in Several recent cases address use of racial epithets or biased statements by employees - on duty, off duty and on social media
In City of Omaha and Professional Firefighters Association of Omaha, Local 385 Arbitrator Peggy McNeive largely sustained a grievance filed on behalf of an Omaha firefighter who was accused of using a racial slur and assaulting a woman while off duty in a bar. The Arbitrator found the City's investigation of the misconduct inadequate, determined that it was the City rather than grievant who brought the issue to public attention, and that the Chief failed to consider grievant's prior history of service, prior discipline of employees in similar circumstances, and discipline short of termination. She did uphold a 5 shift suspension for grievant ignoring instructions not to contact the Fire Captain. The City has sought to vacate the award. City, Stothert appeal ruling reinstating fire union president, want it vacated
Arbitrator Jane Desimone upheld the suspension and six month probation imposed on a North Franklin PA Township Police Sergeant for his failure to act on a report of sexual harassment made to him by an officer under his supervision. North Franklin Township and United Teamsters Local 205
A firefighter who showed up intoxicated at a training class after he erroneously thought the course would be canceled because of bad weather was properly terminated according to Arbitrator Robert O'Brien. Town of Bourne, Massachusetts and International Association of Fire Fighters, Local 1717
A San Antonio police officer had his termination upheld by Arbitrator Paul Chapdelaine. Police Officer Jason R. Ayers v. The City of San Antonio, Texas. The officer had been accused of striking an individual in an apparent instance of domestic violence, causing severe bodily injury, and drinking to the point of being unfit for duty.
Claims to vacate awards as in excess of authority/Contrary to public policy
In Veteran's Transportation Services, v. Teamsters Local Union No. 25, the District Court in Massachusetts rejected the Employer's request to vacate an arbitrator's award as either in excess of his authority or as contrary to public policy. The Court concluded that the arbitrator was interpreting the cba, and that the employer failed to show that the arbitrator disregarded the language of the cba in doing so. Similarly, the Court found that reinstatement of the employee, a sedan driver for the disabled who had been terminated for reckless driving, was not contrary to public policy.
While disagreeing with the award on the merits, the District court in Nebraska confirmed an award of Arbitrator Cary Morgen ordering the reinstatement of an engineer who was alleged to have defecated on a train-car knuckle. Union Pacific Railroad Company v. International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division The Court rejected UP's claim that the award added requirements that did not exist in its agreement, concluding that the award simply determined that, in this instance, termination was too harsh. Update: The Eighth Circuit rejected the carriers claim that the award was in exess of the arbitrator's authority. https://www.leagle.com/decision/infco20210217125
Injunctions Pending
In Newspaper, Newsprint, Magazine and Film Delivery Drivers, Helpers, and Handlers, International Brotherhood of Teamsters, Local Union No. 211 v. PG Publishing Co., Inc d/b/a Pittsburgh Post Gazette the District Court for the WD of Pennsylvania granted the request of the Union for an injunction maintain the status quo pending resolution of its grievance concerning the paper's alleged violation of an "implied in fact" contract. The Union claims that the Company announced plans that will breach, inter alia, its obligation to obligation to maintain health insurance benefits for employees.
The District Court for the District of Columbia denied a request by the NALC for a status quo injunction pending resolution of its grievance claiming that a Postal Service initiative was in violation of its cba. National Association of Letter Carriers, AFL-CIO v. United States Postal Service. The Court concluded that an arbitration success by the Union would not be an "empty victory" and that an injunction was unnecessary to preserve the arbitral process.
Arbitrability
In a case the press has dubbed as involving "football flu," the New Jersey Appellate Division upheld a decision of the State's Public Employment Relations Commission. PERC had concluded that a dispute over whether an employee should be required to submit a doctor's note for an absence on the day of the parade celebrating the Philadelphia Eagles Super Bowl victory was subject to arbitration. Matter of City of Burlington Board of Education v. City of Burlington Education Association The Board of Education had challenged the arbitrability of the dispute, claiming that it was allowed by statute to require a physician's certificate for sick leave. The Court held that the "application" of the sick leave policy may be challenged through the contractual grievance procedures to arbitration.
The District Court in North Carolina addressed a dispute over the arbitrability of a claim that an employee had breached the nondisclosure provisions of a grievance settlement. International Association of Sheet Metal, Air, Rail and Transportation Workers, v. Transit Management of Charlotte, Inc. The settlement provided: "Should [grievant] violate the confidentiality of this agreement the agreement is voided and he is subject to termination without grievance rights as set forth in the Collective Bargaining Agreement." After the Company terminated grievant's employment for alleged violation of the confidentiality provisions of the agreement, the Union sought to arbitrate the issue of whether a breach had taken place. The Court rejected the Company's claim that Union had waived the right to grieve or arbitrate the issue, concluding that because the settlement agreement was ambiguous and because the cba had a broad arbitration provision the dispute should be resolved by an arbitrator.
In Newspaper, Newsprint, Magazine and Film Delivery Drivers, Helpers, and Handlers, International Brotherhood of Teamsters, Local Union No. 211 v. PG Publishing Co., Inc d/b/a Pittsburgh Post Gazette the District Court for the WD of Pennsylvania granted the request of the Union for an injunction maintain the status quo pending resolution of its grievance concerning the paper's alleged violation of an "implied in fact" contract. The Union claims that the Company announced plans that will breach, inter alia, its obligation to obligation to maintain health insurance benefits for employees.
The District Court for the District of Columbia denied a request by the NALC for a status quo injunction pending resolution of its grievance claiming that a Postal Service initiative was in violation of its cba. National Association of Letter Carriers, AFL-CIO v. United States Postal Service. The Court concluded that an arbitration success by the Union would not be an "empty victory" and that an injunction was unnecessary to preserve the arbitral process.
Arbitrability
In a case the press has dubbed as involving "football flu," the New Jersey Appellate Division upheld a decision of the State's Public Employment Relations Commission. PERC had concluded that a dispute over whether an employee should be required to submit a doctor's note for an absence on the day of the parade celebrating the Philadelphia Eagles Super Bowl victory was subject to arbitration. Matter of City of Burlington Board of Education v. City of Burlington Education Association The Board of Education had challenged the arbitrability of the dispute, claiming that it was allowed by statute to require a physician's certificate for sick leave. The Court held that the "application" of the sick leave policy may be challenged through the contractual grievance procedures to arbitration.
The District Court in North Carolina addressed a dispute over the arbitrability of a claim that an employee had breached the nondisclosure provisions of a grievance settlement. International Association of Sheet Metal, Air, Rail and Transportation Workers, v. Transit Management of Charlotte, Inc. The settlement provided: "Should [grievant] violate the confidentiality of this agreement the agreement is voided and he is subject to termination without grievance rights as set forth in the Collective Bargaining Agreement." After the Company terminated grievant's employment for alleged violation of the confidentiality provisions of the agreement, the Union sought to arbitrate the issue of whether a breach had taken place. The Court rejected the Company's claim that Union had waived the right to grieve or arbitrate the issue, concluding that because the settlement agreement was ambiguous and because the cba had a broad arbitration provision the dispute should be resolved by an arbitrator.
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