Arbitration Matters

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By: John H. Curley

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John H Curley

Latest from Arbitration Matters

Arbitrator Walt De Treux has dismissed tenure charges against a Cinnaminson, NJ teacher, concluding that the charges were based on hearsay and conduct that was addressed 16 years ago.  Arbitrator De Treux’s award can be found here.The teacher had been employed by the District since 1996. In 2002, he was the subject of a newspaper article that described his alleged relationship with a minor in 1990.  Shortly after the report was published, the teacher was…
Despite a cba’s inclusion of a provision containing a list of offenses which would provide “absolute cause” for termination, the Eight Circuit has upheld an arbitrator’s award reinstating an employee found to have committed the listed offenses. CenterPoint Energy Resources Corp. v. Gas Workers Union, Local No. 340The applicable cba acknowledged the Company’s right to terminate employees for cause, but also included the following language: Without excluding other causes for discharge, the following shall…
Reversing the District Court, the Seventh Circuit has found that a dispute between Brock Industrial Services and two of its unions (the Carpenters and the Laborers) was a jurisdictional dispute excluded from arbitration under the Laborer’s cba with Brock. Under the applicable cba, work-jurisdiction disputes were subject to a separate tripartite procedure. Brock Industrial Services, LLC v. Laborers International Union Brock had initially assigned certain scaffolding work to employees represented by the Laborers. Shortly thereafter,…
In a case that has received considerable publicity, Arbitrator Don Williams has ordered the reinstatement of a San Antonio police officer the City had dismissed for allegedly leaving a “feces sandwich” in an area where officers were attempting to move several homeless individuals.  (here) Grievant had directed some of the individuals to assist in picking up trash scattered in the area. He acknowledged picking up some dog feces using some discarded bread and…
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…
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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…