DFR plaintiffs failed to pursue internal union remedies but case to be held in abeyance pending internal appealIn what describes as “a case about process,” the Sixth Circuit has reinstated a DFR/301suit against the UAW and Chrysler dismissed by the
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.
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Grievance timelines, threats in the workplace and public policy
All of these topics are discussed in the recent decision of the Eleventh Circuit in Peco Foods Inc. v. Retail Wholesale and Department Store Union Mid-South Council.The case originated with the termination of an individual alleged to have made…
Police use of force – arbitrator reinstates officer who “stomped” on suspect
On April 8 2017 Grievant arrived on the scene of another officer attempting to subdue a fleeing subject. According to the grievant, he observed the officer “wrestling” with the subject, flipping him on to his stomach and attempting to handcuff…
Same sex marriage, timeliness of a grievance and election of benefits
The Pennsylvania Commonwealth Court has denied the appeal of the Gateway School District seeking to overturn an arbitrator’s award allowing a retired teacher to add his spouse to his medical benefits. Gateway School District v. Gateway Education AssociationGrievant had…
Quick Hits: A “toxic” employee, a teacher and a traffic stop, and correcting a mistake
Termination of “toxic” employee upheldArbitrator Craig Allen denied the grievance filed on behalf of an employee of the Ohio Department of Natural Resources contesting her termination. The grievant was terminated for two alleged offenses. The first was a time sheet…
Termination of police officer for dishonesty overturned, disparate treatment renders discipline excessive
Arbitrator Bruce McIntosh reduced a termination to a six month suspension for a police officer who was alleged to have intentionally defaced a newly painted locker room wall.Another officer in the locker room heard someone enter and then the sound…
Teacher improperly allowed “teachable moment” to include discussion of student’s discipline with other students
During Thanksgiving week 2016, students at Stoughton, MA High School were engaged in a school project decorating a Spirit Wall. While this activity was underway, one if the students, “F,” made a swastika out of masking tape and placed it…
Pyramiding overtime – Employer challenges arbitrator’s award
The cba between Armstrong Memorial Hospital and Pennsylvania Association of Staff Nurses and Allied Professionals provides, in relevant part, that overtime will be paid after 40 hours worked in any work week. The contract also provides that “Nothing contained herein…
Arbitrator rejects permanent disciplinary demotion, upholds one year before restored to former position
Grievant was employed as a Lieutenant with the City of Waterloo, IA Police Department. Over twenty years he had risen through the ranks and he had a generally clean disciplinary record.On the night of June 12, 2016, while off duty…
A sleeping ferry engineer and a state trooper without a weapon
Two recent cases address issues created when an initial disciplinary action has not been fully thought through or the basis for it is not clearly articulated.Discipline in excess of settlement agreement cannot be enforced Timothy Wood was employed as a Chief Marine Engineer…