The City of Duluth, Minnesota has declared its intention to seek to vacate an award of Arbitrator Mario Bognanno reinstating a City police officer who had been dismissed after an incident in which he was alleged to have dragged an
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 7
Quick Hits – Sex on duty, indemnification, grievance timelines and court actions
Sex on duty and the termination of two police officersTwo San Antonio police officers were placed on indefinite suspension (essentially dismissed) after allegations that they had engaged in sexual relations while on duty and a claim that one had “taunted”…
Waiver of a challenge to the jurisdiction of an arbitrator and how to avoid it
The Ninth Circuit has affirmed a decision rejecting an effort by Asarco to vacate an award by Arbitrator Michael Rappaport. (The District Court’s decision, and Arbitrator Rappaport’s award are discussed in “No-add” language in cba doesn’t prevent arbitrator from modifying…
Arbitrator: City didn’t prove rape, but “extremely poor judgement” found. Termination converted to a 40 hour suspension
In his award in Portland Police Association and City of Portland, Arbitrator David Stiteler reversed the termination of a Portland police officer, converting the discipline to a forty hour suspension. Grievant had been dismissed for having sexual intercourse with an…
Is there a “bright line” requiring the termination of a police officer found to have been untruthful in a police report?
That is the question the Massachusetts Supreme Judicial Court is considering in a case addressing an effort to vacate an arbitration award reinstating an officer found by the arbitrator to have been “intentionally misleading … but less than intentionally false” in…
Quick Hits – Arbitrability Issues
Incorporation of AAA Rules gives arbitrator authority to decide question of arbitrabilityThe Second Circuit has rejected a hospital’s efforts to vacate an award of Arbitrator Daniel Brent, concluding that the dispute was properly subject to arbitrationThe grievance involved a claim…
Reaction to police discipline award highlights mixed expectations about the issue to be decided
A recent award, and the reaction to it, highlight the sometimes conflicting expectations involved in arbitration proceedings. While conflicting expectations may not be uncommon, they take on greater significance in matters of police discipline.Arbitrator William Serda issued an award (…
Interest arbitration and the need for candor
Arbitrator Richard Miller reopened and reconsidered an interest arbitration between Hennepin County, MN and Law Enforcement Labor Services, Inc., Local No. 393, concluding that the County had “purposely withheld” information that had been requested by the Union. In the initial proceeding,…
Two public policy reversals, last chance agreements, and call out pay
Minn. court overturns award reinstating police officer accused of failing to report use of forceThe Minnesota Court of Appeals has refused to uphold an arbitrator’s award reinstating a police officer who was dismissed for alleged use of excessive force and for…
Just cause for termination but grievant denied due process – Arbitrator awards back pay but no reinstatement
Grievant was employed as a corrections officer with the Trumball County Ohio Sheriff’s Office. On August 24, 2017 an incident in the jail led to an investigation by the Sheriff’s Office. Grievant (and several other officer) were involved in the…