Wednesday, January 15, 2020

Disparate treatment not cured by subsequent modification of earlier discipline, and modification barred by principle of double jeopardy

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Two recent arbitration awards involving Cincinnati police officers highlight the issues of double jeopardy and equality of treatment, and th...
Sunday, December 15, 2019

End of year Quick Hits - Public Safety, Public policy, Arbitrability and Injunctions pending arbitration

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Public Safety - Sex on Duty, Facebook, Sexual Harassment, Intoxication and Domestic violence Arbitrator Jerry Fullmer overturned the termi...
Sunday, December 8, 2019

Arbitrator upholds termination of "Brady" officer after County Attorney declines to use him as a witness

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Arbitrator Rolland Toenges upheld the termination of a Cloquet, MN police officer fired after the County Attorney notified the City that she...
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Sunday, November 24, 2019

Arbitrator concludes that the principle of double jeopardy prevails over a Last Chance Agreement.

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Dana Incorporated has filed a Complaint seeking to set aside an award of Arbitrator Daniel Kininmonth. The Company alleges that the Arbit...
Sunday, November 17, 2019

Does employer provided alcohol mitigate an employee's intoxicated sexual harassment?

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That was the issue presented to Arbitrator Robert E. Light in Aramark Uniform & Career Apparel and Teamsters Local Union No. 769. Gri...
Sunday, November 10, 2019

Arbitrator reverses termination for police officer's use of racial slur

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Arbitrator Thomas Cipolla overturned the termination of a San Antonio police officer who had been captured on a body camera using a racial...
Sunday, November 3, 2019

Deferral to arbitration of charges raising issues under the "contract coverage" test announced in MV Transportation, Inc. 368 NLRB No. 66

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In    MV Transportation, Inc .,  the NLRB decided that it would no longer apply the "clear and unmistakable waiver" test in resolv...