Category: Arbitration Decisions

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, awarding late cancellation fees to three officers for their detail work. The City challenged…

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City of Columbus, Ohio and Local 67 of the IAFF are parties to a collective bargaining agreement. In 2015, the City notified the Local that it intended to civilianize 17 positions. When Local 67 filed a grievance over the civilianization, the matter ended up in arbitration. The Arbitrator found that language in Section 7.2 of the collective bargaining agreement, wherein the City’s agreement “to not civilianize any fire prevention,…

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The collective bargaining agreement between Local 146 of the IAFF and the City of Lawrence, Massachusetts provides that the City must require a fire watch detail at the site of any demolition work in its boundary. The agreement contains provisions requiring the City to “act as custodian of the funds collected as a result of Fire Watch Duty” and to create an escrow account “for payment of all detail…

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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 favor of the City. When Local 1261 elected not to challenge the Arbitrator’s decision…

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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 Judicial Court of Massachusetts seemingly took a broad view of the court’s ability to…

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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 certain rates of pay for extra-duty work would be “effective upon signing of this…

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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 of a road rage incident in Cheltenham Township, a neighboring municipality. During the incident,…

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On October 29, 2008, while he was employed as a patrol officer with the Beaver Falls, Pennsylvania, Police Department, Patsy Peretta temporarily disrobed himself at a local bar. The City fired Peretta, and his labor organization, the Beaver Falls Police Association, challenged the termination in arbitration. An arbitrator converted the termination into a one-year disciplinary suspension without pay and ordered the City to reinstate Peretta promptly and without loss…

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