Court Upholds Arbitrator’s Award On Leave And COVID Quarantine

Jacob Donley is a police officer em­ployed by the Village of West Salem in Wisconsin and is a member of the West Salem Police Association. In September 2020, Donley attended a work-related training event and was exposed to an individual who tested positive for the COVID-19 virus. As a result of this exposure, Donley’s police…

No Basis To Overturn Arbitrator’s Decision Reinstating Corrections Officer

Ronald James, a corrections offi­cer with Berks County, Pennsylvania, was seated at a desk in the common hall of the prison’s E-Unit when he ob­served an inmate attempting to cover the cell door window with a towel in violation of safety regulations. James opened the cell door electronically from a control panel so that he…

Arbitrator Upholds Chicago Police Vaccine Mandate

The sworn members of the Chi­cago Police Department who are not exempt are represented by four unions. The Fraternal Order of Police Chicago Lodge No. 7 represents officers below the rank of Sergeant. The Policemen’s Benevolent & Protective Association of Illinois has three Units: Unit 156A represents the Sergeants, Unit 156B represents the Lieutenants, and…

Court Rejects Challenge To Arbitrator’s Opinion In Excessive Force Case

On October 21, 2017, Michael Sta­nitis, a police officer for the Bridgeport Police Department in Connecticut, re­sponded to an incident in which he and other police officers arrested Carmelo Mendez. On October 22, 2020, the Bridgeport Board of Police Commis­sioners terminated Stanitis’ employment upon finding that he used excessive force during Mendez’s arrest, and that…

Firefighter Arbitration Award Upheld As ‘Reasonably Debatable’

The collective bargaining agreement between Carteret, New Jersey and the Firefighters Mutual Benevolent Association provides that senior firefighters in the Carteret Fire Department are entitled to acting captain’s pay whenever they assume the role of a fire captain. A dispute arose when the Borough of Carteret created the new position of lieutenant within the Fire…

Prevention Of ‘Prisoner Abuse’ Not Basis To Overturn Arbitrator’s Opinion

On May 1, 2018, York County, Pennsylvania Corrections Officers Marcial Baez and Graig Phillips were responsible for the custody and care of an inmate with mental health issues who had been placed on suicide prevention watch. The two verbally engaged in bantering with the inmate. They used profanity and slurs, taunted and antagonized the inmate,…

Court Upholds Arbitrator’s Opinion Reinstating Officer

Andrew Kline is a police officer with the Township of Uwchlan in Pennsylvania. On October 26, 2018, Kline, Officer Warren Obenski and Sergeant David Balben responded to a domestic violence call. While at the caller’s residence, Obenski seized a black duffel bag on the suspicion that it contained illegal drugs. After arriving at the police…

Court Upholds Arbitrator’s Opinion Awarding ‘Cancellation Fees’

The City of Newton, Massachusetts and the Newton Police Association are parties to a collective bargaining agreement. When a dispute broke out between them as to whether officers should receive “cancellation fees” when paid details were cancelled on a last-minute basis, the Association challenged the City’s position in arbitration. An arbitrator sided with the Association,…

Court Upholds Arbitrator’s Opinion Forbidding Civilianization Without Fire Union’s Consent

The City of Columbus, Ohio and Local 67 of the IAFF are parties to a collective bargaining agreement. On October 19, 2015, the City indicated that it had decided to civilianize 17 special assignments then filled by uniformed firefighters, including positions as coordinators in programs known as as Fitness, Special Events, Training, Community Relations and…

Destruction Of Disciplinary Records Violates Public Policy

In 2011 and 2012, Lodge 7 of the Fraternal Order of Police, which represents officers in the Chicago Police Department, filed grievances seeking the destruction of disciplinary records older than five years. Section 8.4 of the Lodge’s collective bargaining agreement (CBA) provides that “all disciplinary investigation files, disciplinary history card entries, Independent Police Review Authority…

Only Union, Not Firefighter, Has Right To Challenge Arbitration Decision

Sean Gannon was a firefighter for the City of Pawtucket, Rhode Island. Local 1261 of the IAFF represents the City’s firefighters. The City terminated Gannon in November 2013 and Local 1261 challenged the termination decision through the arbitration process. After several days of hearings, the Arbitrator rendered a decision on March 2, 2016, finding in…

Massachusetts Court Retrenches On Dishonesty Arbitration Decisions

Massachusetts courts have had a difficult time achieving consistency as to when an arbitrator’s opinion may be overturned because it violates “public policy.” The difficulties have particularly been evident in how the courts have dealt with arbitrators’ opinions involving the termination of police officers for dishonesty. In a 2005 decision involving Boston police, the Supreme…

Question Of Retroactivity For Arbitrator, Not Labor Board

Rank-and-file police officers in the City of Waterbury, Connecticut are represented by the Brass City Local of the Connecticut Alliance of City Police. On November 10, 2016, an interest arbitrator set the terms for the parties’ 2012-2017 collective bargaining agreement. One of the issues in arbitration involved extra-duty work. The relevant contract clause specified that…

Union, Not Member, Has Right To Challenge Arbitration Decision

Arthur Herder began work for the Philadelphia Police Department in 1993. Herder received a 30-day suspension in 2007 for vandalizing his wife’s vehicle. In 2012, the City twice suspended Herder for abusing his authority while off duty. The City also twice transferred Herder for threatening behavior toward his coworkers. In January 2015, the City learned…

Court Upholds Arbitrator’s Award Reinstating Trooper Who Cannot Carry Gun

Following his assignment to Troop M of the Pennsylvania State Police (PSP), Trooper Craig Acord became romantically involved with Trooper Rachel Jones. After their relationship ended in 2014, Jones filed several complaints against Acord, alleging harassing behavior. As a result, Acord was issued a Supervisor’s Notation instructing him to cease communications with Trooper Jones and…