Termination for excessive use of force converted to a suspensionGrievant, 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
John H. Curley
John H. Curley publishes detailed analyses and summaries of arbitration cases and labor disputes, focusing on employment law issues such as drug testing policies, just cause for termination, union dues, disciplinary actions, and arbitration awards. The content often covers disputes involving workplace drug policies, employee discipline, union membership and dues, and law enforcement conduct. The publisher provides case-specific insights into arbitration decisions, labor contract interpretations, and the application of just cause standards in employment terminations and disciplinary matters. The blog serves as a resource for understanding labor arbitration outcomes and related legal principles.
Latest from John H. Curley - Page 5
Double jeopardy, public policy and a filing on the Seattle consent decree
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…
Department of Justice says Seattle not violating consent decree on police use of force – new burden of proof language no impediment to effective discipline
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…
Should pension payments be offset against a back pay award?
Non-disciplinary termination, a zipper clause and the covenant of good faith and fair dealing
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Timeliness, functus officio, mitigating circumstances, and use of force
Arbitrator erred in determining timelines of a grievanceThe 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…
Court upholds arbitrator’s award finding unilateral change in past practice, rejects public policy challenge
Quick Hits – Limits on arbitrator’s authority, omissions on an application, “no-add” provisions and contract modification, and displacement and discipline
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…
Arbitrator rejects claim that Deputy’s “isolated lying incident” makes him Giglio impaired or provides just cause for termination
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Police use of force -training, conduct unbecoming, and progressive discipline
Two recent awards deal with these issuesIn Cleveland Police Patrolmen’s Association and City of Cleveland Arbitrator Daniel Zeiser sustained a grievance filed on behalf of a Cleveland police officer who had been dismissed for alleged violation of the Department’s Use…