Termination for excessive use of force converted to a suspensionGrievant, 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
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Double jeopardy, public policy and a filing on the Seattle consent decree
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
Department of Justice says Seattle not violating consent decree on police use of force – new burden of proof language no impediment to effective discipline
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
Should pension payments be offset against a back pay award?
Non-disciplinary termination, a zipper clause and the covenant of good faith and fair dealing
The facts presented to Arbitrator Stiteler were largely undisputed. Grievant was hired and thereafter promoted into several positions despite his having a criminal conviction which, under Agency policies, should have disqualified him from employment. There was no claim that the
Timeliness, functus officio, mitigating circumstances, and use of force
Arbitrator erred in determining timelines of a grievanceThe Fifth Circuit has effectively vacated an award of Arbitrator Daniel Jennings (here), concluding that the Arbitrator’s reliance on the execution date of the contract rather than its ratification date triggered
Court upholds arbitrator’s award finding unilateral change in past practice, rejects public policy challenge
Quick Hits – Limits on arbitrator’s authority, omissions on an application, “no-add” provisions and contract modification, and displacement and discipline
Award vacated – Reinstatement order ignored cba limitation on arbitrator’s authority The District Court in Massachusetts has vacated an award of Arbitrator Michael Stutz reinstating an employee dismissed by Steward Holy Family Hospital. Steward Holy Family Hospital, Inc. v. Massachusetts
Arbitrator rejects claim that Deputy’s “isolated lying incident” makes him Giglio impaired or provides just cause for termination
Arbitrator Richard J. Miller overturned the termination of a Benton County, MN Deputy. Benton County, Foley, Minnesota and Law Enforcement Labor Services, Inc. Grievant began his employment with the County in 2007. He was recognized as a “good and dependable”
Police use of force -training, conduct unbecoming, and progressive discipline
Two recent awards deal with these issuesIn Cleveland Police Patrolmen’s Association and City of Cleveland Arbitrator Daniel Zeiser sustained a grievance filed on behalf of a Cleveland police officer who had been dismissed for alleged violation of the Department’s Use