That was the question presented to the District Court in United Electrical, Radio & Machine Workers of America and Local 506 v. General Electric Company.GE dismissed an employee for unacceptable attendance. That action was grieved and ultimately submitted to…
Continue Reading Does an award of "make whole" relief, without more, imply an offset of interim earnings?

In Verizon Pennsylvania LLC v. Communications Workers of America, Local 1300, the District Court for the Eastern District of Pennsylvania vacated the “Supplemental Award on the Remedy” of Arbitrator Barbara Zausner. Arbitrator Zausner, chairing a three person panel, had granted…
Continue Reading Two recent cases on challenges to an arbitrator’s supplemental award – AAA Rule 40, functus officio, and punitive damages

The Award of Arbitrator Cynthia Stanley substantially adopted the Union’s calculation, awarding a little more than $260,000.00 (which included interest on the backpay). (here) She also ordered the Company to pay the Union’s attorney’s fees of $2,560.00 for…
Continue Reading District Court finds Arbitrator exceeded authority by awarding attorney’s fees to Union as a remedy for Employer’s “frivolous” position

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…
Continue Reading 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

Officer’s invocation of spousal privilege is not a failure to cooperate, termination overturnedArbitrator 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 …
Continue Reading 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.

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

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