Arbitrator awarded back pay but no reinstatement – rejects request to reconsider decisionAs noted in an earlier post, Facebook postings grounds for dismissal of police officer, but delay in City’s response warrants backpay, Arbitrator Eric Lindauer found that the City
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 6
Police dishonesty, public policy and reinstatement – Mass SJC upholds arbitrator’s award reinstating police officer who filed “”intentionally misleading” report
The Massachusetts Supreme Judicial Court has rejected a public policy challenge to the reinstatement of a police officer found by an arbitrator to have made “intentionally misleading …but less than intentionally false” statements in a police report. City of Pittsfield v. Local…
Arbitrator finds allegations insufficient to support termination even if proven, orders reinstatement before hearing.
The Nassau County (NY) District Attorney’s office has challenged a decision of Arbitrator John Sands ordering the reinstatement of Investigator (and Local Union President) Michael Falzanaro. Nassau DA challenges ruling that her office improperly disclosed wiretap The DA’s office had…
Staffing issues, contracting out bargaining unit work, and a duty to bargain
Each of these topics is the subject of recent court action.In MultiCare Health Systems v. Washington State Nurses Association, the Ninth Circuit reversed a District Court order vacating certain remedies ordered in an award of Arbitrator Douglas P. Hammond. The…
Recent Awards – Insubordination, out-of-title work, protected activities, and untruthfulness
Police officer’s insubordinate action didn’t justify termination Arbitrator Don B. Hays modified the discipline imposed on a San Antonio police officer who had been accused of insubordination. Grievant was schedule to retire in July of 2017. He planned to utilize…
Recent filings to vacate arbitration awards – Past Practice,Outsourcing, Remedies
Chicago Tribune, LLC v. Teamsters Local Union No. 727 (ND Ill.)The Chicago Tribune seeks to vacate an Award of Arbitrator Amedeo Greco. Arbitrator Greco upheld a grievance claiming that the Company refused to pay employees “gap time” pay the…
Postal Service ordered to restore Union leave for partisan political activity
Arbitrator Stephen Goldberg has issued an award finding that the Postal Service breached its agreement with the American Postal Workers Union (APWU) when it unilaterally made changes to its Employee and Labor Relations Manual to prohibit Union Leave without pay…
Facebook postings grounds for dismissal of police officer, but delay in City’s response warrants backpay
Arbitrator Eric Landauer has found that the City of West Linn, Oregon was justified in terminating a police officer because his Facebook posts contained “what reasonably could be viewed as racist comments.” Arbitrator Landauer’s award can be found here.He rejected…
Arbitrator reduces suspension of officer involved in Tamir Rice shooting
Arbitrator Daniel Zeiser has issued an award reducing a ten day suspension to five days for a police officer for conduct related to the shooting of Tamir Rice. Cleveland Police Patrolmen’s Association and City of Cleveland. The grievant was…
Court confirms arbitrator’s overtime award – doesn’t find “pyramiding”
An earlier post (Pyramiding overtime – Employer challenges arbitrator’s award) discussed an award of Arbitrator Mathew Frackiewicz sustaining a grievance Armstrong County Memorial Hospital claimed was improperly seeking to “pyramid” overtime.The dispute concerned the pay treatment for an…