Arbitration Matters

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Arbitrator finds police officer did not intentionally lie about warrant application, concludes prosecutor’s placement of officer on Brady list and declining to allow him to testify does not provide just cause for termination

March 22, 2020

After a thorough review of the facts, Arbitrator Joseph Daly concludes that Eden Prairie police officer Travis Serafin did not lie about his handling of an application for a search warrant, and did not intend to mislead the court when he testified. Law Enforcement Services, Inc., Brooklyn Center, Minnesota [Travis Serafin] And City of Eden Prairie, Minnesota. Those allegations were the basis for the County Attorney’s office designation of the officer as a Brady officer…

Arbitration Matters

Recent decisions: Invocation of spousal privilege is not a violation of the duty to cooperate, off duty misconduct, progressive discipline, and the effect of the absence of an explicit just cause provision in the cba.

By John H Curley

February 6, 2020

Officer’s invocation of spousal privilege is not a failure to cooperate, termination overturned Arbitrator Russel Bergstedt sustained a grievance filed on behalf of a Tulsa police officer dismissed for failure to answer a question during an Internal Affairs investigation. City of Tulsa and FOP Lodge 93. The officer’s husband (also a Tulsa police officer) had been alleged to have shot and killed their daughter’s boyfriend. While grievant was initially charged with being an accessory…

Arbitration Matters

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

By John H Curley

January 15, 2020

Two recent arbitration awards involving Cincinnati police officers highlight the issues of double jeopardy and equality of treatment, and the impact of those principles on a Department’s efforts to discipline officers. On September 26, 2018 Officer Donte Hill was recorded on a body cam using a racial slur while dealing with two individuals engaged in a physical altercation. Because the incident included the use of force (a taser) the body cam footage was reviewed by…

Arbitration Matters

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

By John H Curley

December 15, 2019

Public Safety – Sex on Duty, Facebook, Sexual Harassment, Intoxication and Domestic violenceArbitrator Jerry Fullmer overturned the termination of a Columbus, Ohio police officer who had been dismissed for allegedly having sex with prostitutes in his police vehicle while on duty. City of Columbus and Fraternal Order of Police Capital City Lodge No. 9. Arbitrator Fullmer found that the failure to call the three alleged prostitutes as witnesses undermined the case for just cause. He…

Arbitration Matters

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

By John H Curley

December 8, 2019

Arbitrator Rolland Toenges upheld the termination of a Cloquet, MN police officer fired after the County Attorney notified the City that she would not use him as a witness. Arbitrator Toenges’ award can be found here.Grievant was employed as a police officer for the City of Cloquet, MN since June 1997. On February 25, 2019, the Carlton County Attorney notified the City that grievant was a “Brady Cop.” This designation was premised on three…

Arbitration Matters

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

By John H Curley

November 24, 2019

Dana Incorporated has filed a Complaint seeking to set aside an award of Arbitrator Daniel Kininmonth. The Company alleges that the Arbitrator filed to apply a Last Chance Agreement that he found to be applicable and to have been violated, and in doing so acted in excess of his authority. Grievant had been placed on a Last Chance Agreement following a prior termination for attendance issues. The LCA included a provision stating “You are expected…

Arbitration Matters

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

By John H Curley

November 17, 2019

That was the issue presented to Arbitrator Robert E. Light in Aramark Uniform & Career Apparel and Teamsters Local Union No. 769.Grievant was employed by Aramark as a Route Sales Representative. In acknowledgement of his sales performance, he was invited to a Company recognition event consisting of a dinner and a limo to and from a Miami Heat basketball game. Alcohol was provided by the Company both at the dinner and in the limo.…

Arbitration Matters

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

By John H Curley

November 10, 2019

Arbitrator Thomas Cipolla overturned the termination of a San Antonio police officer who had been captured on a body camera using a racial slur during an arrest. Arbitrator Cipolla’s award can be found here. KSAT links to the video at San Antonio officer who repeatedly used N-word while arresting black man asks for job back. The facts of the incident were largely undisputed. The Chief described at the arbitration hearing why he made the decision that termination was appropriate:…

Arbitration Matters

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

By John H Curley

November 3, 2019

In MV Transportation, Inc., the NLRB decided that it would no longer apply the “clear and unmistakable waiver” test in resolving charges that an employer had made unilateral changes in matters addressed in a collective bargaining agreement. Instead, it would follow the “contract coverage” standard applied by a number of circuit courts. In a press release announcing its decision, the Board summarized the distinction between the two tests.Under the “contract coverage” or “covered by the contract”…

Arbitration Matters

Recent Petitions to Vacate – Persona non grata, a dispute over back pay, and transfer of work to a non-unit employee

By Emily MacLoud

October 27, 2019

Teamsters Local 853 v. SFO Transporter, Inc. d/b/a Compass TransportationThe Teamsters Union is seeking to set aside an award of Arbitrator David B. Hart. Grievant had been employed as a shuttle bus driver, driving for clients and customers of Compass. A client of Compass requested that grievant be removed from its account based on an anonymous complaints from passengers. Shortly thereafter, Compass terminated grievant’s employment. The cba between Teamsters and Compass provides:Under direction from any client or…

Arbitration Matters

Blog Authors

Arbitrator finds police officer did not intentionally lie about warrant application, concludes prosecutor’s placement of officer on Brady list and declining to allow him to testify does not provide just cause for termination

Recent decisions: Invocation of spousal privilege is not a violation of the duty to cooperate, off duty misconduct, progressive discipline, and the effect of the absence of an explicit just cause provision in the cba.

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

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

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

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

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

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

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

Recent Petitions to Vacate – Persona non grata, a dispute over back pay, and transfer of work to a non-unit employee

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