John H. Curley

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Arbitrator Michel Ryan has upheld a grievance filed by IAFF Local 2748 against the City of Warwick, RI. (here) The grievance asserted that the City had unilaterally modified the firefighter’s pension plan through passage of a City ordinance creating a two tier plan applicable to new hires.  Arbitrator Ryan initially rejected the City’s claim that the grievance had not been filed in a timely manner, accepting the Union’s explanation that it waited to file…
Faced with a need for additional drivers, Economy Linen and Towel Service of Zanesville entered into a service agreement with ProDrivers for that Company to provide certified drivers on a contract basis. The Union representing Economy’s drivers (Teamsters Local 637) filed a grievance challenging that action. The Unions asserted that the ProDrivers were being compensated at a rate higher than full time drivers in violation of the cba. The Company denied the grievance, asserting that it…
Termination for excessive use of force converted to a suspension Grievant, a Chillicothe, OH police officer, had been dismissed for allegedly hitting a prisoner, failing to turn on his body camera, and using inappropriate language. Grievant had stopped a vehicle for failure to use a turn signal. After running the license plate, he learned there was an outstanding warrant for the vehicle’s owner. The driver ran off and was subsequently arrested by other officers. Grievant…
Dismissal overturned because of suspension for same offense Arbitrator Michael Paolucci sustained, in substantial part, a grievance filed on behalf of a Euclid, Ohio police officer. The City of Euclid, Ohio and Fraternal Order of Police Lodge 18. The grievances involved three separate incidents, all arising from grievant’s off duty conduct and included allegations of domestic violence, violation of a protective order  and theft or failure  to pay for certain appliances grievant allegedly took…
After an arbitrator overturned the termination of a Seattle police officer accused of punching a handcuffed suspect (award), the District Court judge overseeing a consent decree concerning police use of force issued an Order to Show Cause questioning whether the City was meeting its obligation to maintain effective compliance with the terms of the decree. Specifically, the Court requested a response on several questions, including: Whether the events surrounding the [Disciplinary Review Board’s]…
That is the question raised in a recent Petition filed by Public Service Company of New Mexico seeking to overturn an award of Arbitrator John Fletcher.Grievant had been terminated for an alleged safety violation which resulted in his injury. Arbitrator Fletcher sustained the grievance and reversed the termination. As to remedy, he ordered the Company to reinstate grievant and compensate him for wages and benefits lost. The award further provides The only offsets the Company…
The facts presented to Arbitrator Stiteler were largely undisputed. Grievant was hired and thereafter promoted into several positions despite his having a criminal conviction which, under Agency policies, should have disqualified him from employment. There was no claim that the managers were unaware of the conviction when they took action. In 2016 (after grievant had been employed for at least eight years) an audit of the Agency’s background check files noted several employees with apparently…
Arbitrator erred in determining timelines of a grievance The Fifth Circuit has effectively vacated an award of Arbitrator Daniel Jennings (here), concluding that the Arbitrator’s reliance on the execution date of the contract rather than its ratification date triggered the start of the timeline for the filing of a grievance. Southwest Airlines Company v. Local 555, Transport Workers Union of America. TWU Local 555 sought to arbitrate Southwest’s use of non-union vendors…
The District Court for the Northern District of Illinois has confirmed an award of Arbitrator Edward Krinsky that found  Mondelez Global improperly and unilateral modified a past practice allowing employee to voluntarily work seven days without a day of rest. Mondelez Global, LLC v International Association of Machinists and Aerospace Workers, AFL-CIO, District 8, Local Lodge 1202.   For “many years” employees had been allowed, on a voluntary basis,  to work seven consecutive days during a calendar work…
Award vacated – Reinstatement order ignored cba limitation on arbitrator’s authority The District Court in Massachusetts has vacated an award of Arbitrator Michael Stutz reinstating an employee dismissed by Steward Holy Family Hospital. Steward Holy Family Hospital, Inc. v. Massachusetts Nurses Association .  Grievant was employed by the hospital as a nurse. She was dismissed following an incident during which she was alleged to have “assaulted” another employee by grabbing her face and speaking to…