A court has vacated the award of Arbitrator Jane Wilkinson reinstating Seattle police Officer Adley Shepherd. City of Seattle, Seattle Police Department v. Seattle Police Officers’ Guild, Arbitrator Jane Wilkerson and Adley Shepherd Officer Shepherd was dismissed following the
Arbitration Matters
Arbitration Matters, published by John H. Curley, focuses on labor arbitration cases involving workplace discipline, drug testing policies, union dues disputes, and employee reinstatement issues. The blog covers arbitration awards related to just cause standards for termination, zero tolerance drug policies, back pay calculations, and the interpretation of collective bargaining agreements. It also addresses disputes involving law enforcement officers, public sector employees, and union membership matters. The content highlights arbitrators' reasoning in cases of employee misconduct, disciplinary actions, and contractual rights within unionized workplaces.
Latest from Arbitration Matters - Page 4
Res judicata, CWA and Southwestern Bell, and a question of timeliness of a Loudermill hearing
Arbitrator’s award given res judicata effect in subsequent suit for recovery of misappropriated fundsPeter Gibson was fired from his job after he was accused of receiving almost $200,000.00, allegedly from funds misappropriated by his ex-wife from their employer and directed…
Contracting and erosion of the bargaining unit
Right to subcontract didn’t authorize eliminating unit positions by attritionThe District Court for the District of New Jersey has denied a request by ExxonMobil Research and Engineering to vacate an award of Arbitrator Joyce M. Klein. The dispute arose over…
Recent Decisions – Last Chance Agreement, “substantive due process” and police use of force
Arbitrator ignored Last Chance Agreement – Award vacated The Sixth Circuit has affirmed a District Court decision vacating an award of Arbitrator John M. Felice. Tecnocap, LLC v. Graphic Communications Conference/International Brotherhood of Teamsters, Local 24M Grievant was terminated after an…
Tenure charges based on hearsay insufficient, charges dismissed
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…
Does an “absolute cause” for discharge provision of a cba prelude a just cause analysis?
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…
Tripartite arbitration and work jurisdiction disputes
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…
Just cause for termination, but City failed to establish discipline was taken within 180 days as required. Employee reinstated
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…
Arbitrator: City ordinance could not modify firefighters pension plan set forth in cba
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…
Sixth Circuit refuses to vacate award finding subcontracted drivers and temporary employees were “one in the same” under language in a cba
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)…