Sunday, March 27, 2016

"No-add" language in cba doesn't prevent arbitrator from modifying contract

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Can an arbitrator rewrite a contract to reflect the original intent of the parties despite language prohibiting the arbitrator from adding t...
Sunday, March 13, 2016

Burden of Proof, Racial Profiling, Untruthfulness - Arbitrator upholds termination of police officer

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Grievant was employed by the City of Chaska, Minnesota as a police officer. He had held that position for approximately 14 years with no sig...
Sunday, February 21, 2016

February Quick Hits

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USM followed contract in layoff of faculty Arbitrator Mark Irvings largely rejected a grievance filed by the Associated Faculties of the...
Sunday, January 10, 2016

Court rejects public policy challenge to arbitrator's reinstatement of teacher accused of inappropriate touching

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A music teacher employed by the Franklin [PA] Regional School District was accused  of inappropriately touching a student. The school condu...
Sunday, January 3, 2016

Arbitrator's finding that police officer's use of force was reasonable precludes public policy challenge to reinstatement award

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On March 30, 2012, Arbitrator  Jane Wilkinson  ordered the reinstatement of Portland police officer Ronald Frashour. Officer Frashour had be...
Sunday, December 27, 2015

Moral turpitude, just cause and an arbitrator's authority

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The New Hampshire Supreme Court has affirmed a lower court's decision vacating an arbitrator's award overturning the termination of ...
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Sunday, December 20, 2015

Arbitrator upholds discipline of E-911 dispatcher for delayed dispatch

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Grievant was employed for eighteen years with the County of Onondaga's Department of Emergency Communications. On the morning of Novembe...