Arbitration Archives - Labor Relations Information System

Court Has No Jurisdiction To Interpret Labor Contract

September 2, 2022

| Categories: Arbitration, Public Safety Labor News

Alison Schaber works for Ramsey County in Minnesota and is the president of the Ramsey County Deputy Federation. Under the Federation’s collective bargaining agreement, the County is required to provide a matching contribution to the employee’s deferred compensation account of up to $25 per month per contributing employee. The County did not send the employer match portion of Schaber’s deferred compensation funds to her deferred compensation account. Instead, it…

Court Upholds Arbitration Panel’s Backpay, Overtime Award

July 9, 2022

| Categories: Arbitration, Arbitration Decisions, Overtime, Public Safety Labor News

The City of Hartford and the Hartford Police Union are parties to a collective bargaining agreement. As of March 3, 2017, there were five police captains employed by the Department. Beginning on that date those police captains began serially retiring over the course of approximately 15 months, until the last of them retired on June 15, 2018. All five of the captain positions remained vacant until September 23, 2018,…

Q & A

May 13, 2022

| Categories: Arbitration, Arbitration Decisions, Public Safety Labor News, Questions and Answers

From Michigan:Question: How long can an arbitration decision in one case, be used as a precedent in another similar case within the same agency? For instance, 12 years ago an officer is found to have had sex on duty. Department proposed termination. Arbitrator reduced to a five-day suspension. Same Union, same department. Does that arbitration award hold strength in a current case for a similar discipline or can the…

No Obligation Arbitrate Free Speech Claims

April 16, 2022

| Categories: Arbitration, First Amendment, Freedom Of Speech, Public Safety Labor News

George Forbush is an officer with the Sparks Police Department in Nevada and is a member of the Sparks Police Protective Association. The Association’s contract with the City contains a disciplinary clause providing: “No post-probationary employee will be disciplined or discharged without just cause.” In 2020, Forbush posted a variety of comments from his personal Twitter account. In response to a video depicting several individuals attempting to light an…

Firefighter Arbitration Award Upheld As ‘Reasonably Debatable’

October 8, 2021

| Categories: Arbitration, Arbitration Decisions, Public Safety Labor News

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 Department but did not pay lieutenants at the rate of an acting captain when…

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

October 8, 2021

| Categories: Arbitration, Arbitration Decisions, Public Safety Labor News

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, causing him to become agitated to the point that he placed a mattress against…

Arbitrator Rules In Favor Of Disciplinary Arbitration

August 6, 2021

| Categories: Arbitration, Arbitration Decisions, Discipline, Public Safety Labor News

When the collective bargaining agreement between the Village of River Forest in Illinois and the FOP expired in April 2019, the parties were unable to reach agreement on a new contract. In dispute was the system of appealing discipline. The prior labor agreements between the Village and the FOP excluded discipline from the coverage of the contract and routed disciplinary appeals to the Village’s Board of Fire and Police…

Costs Are Legitimate Reason Not To Arbitrate Grievance

August 6, 2021

| Categories: Arbitration, Grievances, Public Safety Labor News

The Sussex County PBA represents all corrections officers, sergeants, lieutenants, and captains employed by the Sheriff’s Office. Paul Liobe was a corrections officer with the Sussex County Sheriff’s Office in New Jersey and was president of the PBA. On July 25, 2019, Liobe filed a grievance alleging that the Sheriff’s Office failed to properly compensate him at the special events overtime rate for an overtime detail. Liobe later demanded…

When Must Federal Employment Claims Be Arbitrated?

March 3, 2021

| Categories: Arbitration, Grievances, Public Safety Labor News

John Brooks and Gregory Simmons were police officers for the City of Pekin, Illinois. Brooks and Simmons sued the City and a number of Department employees in federal court. They alleged that their problems began when Simmons made an internal harassment complaint against his shift commander, Lieutenant Gregory Burris, which later prompted Officer Jennifer Melton to make a false accusation against Simmons. Brooks, who was ordered to investigate Melton’s…

Court Upholds Arbitrator’s Opinion Reinstating Officer

December 10, 2020

| Categories: Arbitration, Arbitration Decisions, Public Safety Labor News, Termination

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 station, Obenski processed the bag and reminded Kline that it could not be opened…

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

July 24, 2020

| Categories: Arbitration, Arbitration Decisions, Civilianization, Grievances, Public Safety Labor News

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 Video and the Public CPR trainer. An arbitrator upheld Local 67’s grievance challenging the…

Arbitrator Reinstates Officer Accused Of Paying Prostitutes

July 24, 2020

| Categories: Arbitration, Arbitration Decisions, Grievances, Public Safety Labor News

A 17-year veteran police officer working for Columbus, Ohio, referred to only as Officer A, was the subject of an internal affairs complaint. Three different women – Ms. B, Ms. C, and Ms. D – alleged they had sex with Officer A in exchange for cash while he was on duty as a Columbus police officer. All three women reported independent recollections of the encounters with Officer A, and…

Injunctions And Grievances Don’t Usually Mix

July 22, 2020

| Categories: Arbitration, Grievances, Public Safety Labor News

It is rare for a labor organization to be able to obtain an injunction to prevent a future contract violation. A decision from the Illinois Appellate Court involving the Fraternal Order of Police Chicago Lodge No. 7 provides one example of why. Since about 2009, most patrol officers in the Chicago Police Department have had a work schedule in which they work an 8.5-hour shift for four consecutive days…

Only Union, Not Terminated Police Commissioner, Can Compel Arbitration

April 2, 2020

| Categories: Arbitration, Public Safety Labor News

Matthew Nichols was the Deputy Police Commissioner for Warren, Michigan. On July 18, 2018, Nichols responded to a dispatch call regarding a suspected shoplifting and took an active role in arresting the suspects, one of whom later alleged that Nichols used excessive force in effectuating the arrest. After an internal investigation the Department terminated Nichols. Nichols challenged his termination in federal court, alleging the City violated his rights to…

County Required To Arbitrate ‘Me-Too’ Grievance

February 28, 2020

| Categories: Arbitration, Grievances, me too, Public Safety Labor News

The County of Rockland in New York and the Superior Officers Council of the Sheriff’s Corrections Officers Association of Rockland County are parties to a collective bargaining agreement that requires the members of the Association to be paid a certain percentage more than the rate of pay of the corrections officers they supervise. On December 17, 2017, the corrections officers’ union reached an agreement with the County to increase…

Arbitrator Can Award More Than FLSA Requires

January 3, 2020

| Categories: Arbitration, Overtime, Public Safety Labor News

Local 1953 of the International Association of Firefighters represents the firefighters who work for Perkins Township in Ohio. When the parties were unable to reach agreement on a new contract the matter was referred to “binding conciliation,” the phrase Ohio uses to describe binding arbitration. When the Township challenged the Arbitrator’s award, the matter wound up before the Ohio Court of Appeals. The Court upheld the validity of the…

Arbitrator Can Consider Conduct Of Parties In Construing Contract Language

November 25, 2019

| Categories: Arbitration, Collective Bargaining, Public Safety Labor News

Pursuant to the terms of the collective bargaining agreement between Local 3111 of the IAFF and Anderson Township, Ohio, Lieutenant William Tillett received notice that disciplinary proceedings were being initiated against him because he had surrendered his fire-inspection certification. When the Department eventually demoted Tillett, Local 3111 challenged the demotion in arbitration. At the arbitration hearing, Tillett testified that he served as president of Local 3111 for approximately 18…

Unions Have ‘Great Discretion’ In Deciding Whether To Seek Arbitration

August 19, 2019

| Categories: Arbitration, Dishonesty, Public Safety Labor News, Union Bylaws

Jose F. Valencia sued the Santa Fe Police Officers Association for breach of duty of fair representation. Valencia requested that the Association challenge his termination for dishonesty in arbitration. The Association’s Board scheduled a meeting on February 16, 2010, to consider the request. Two Board members, the President and the former President, recused themselves from the February 16 proceedings as they were the subjects of allegations made by Valencia…

Officer’s Lawyer Required To Pay $66k In Fees To City

August 19, 2019

| Categories: Arbitration, Public Safety Labor News, Substantial Evidence

The Village of Orland Park, Illinois fired Officer Joseph McGreal after he spoke at a November 2009 Village board meeting. At the meeting, he suggested several solutions to a budgetary shortfall facing the Village. McGreal’s recommendations would have protected junior officers from layoffs by eliminating benefits enjoyed by more senior officers. McGreal believed that these suggestions motivated his June 2010 termination; however, the Village contended that it fired McGreal…

Destruction Of Disciplinary Records Violates Public Policy

June 27, 2019

| Categories: Arbitration, Arbitration Decisions, Disciplinary Records, Public Safety Labor News

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 and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of…

Staffing Grievance Is Arbitrable

April 22, 2019

| Categories: Arbitration, Grievances, Public Safety Labor News

The Watertown Firefighters Association in New York filed a grievance contending that the City violated provisions in its labor agreement relating to minimum staffing levels for shifts and regular operations within the City of Watertown’s Fire Department. The City refused to proceed to arbitration, contending that the staffing clauses were “unenforceable job security provisions that violate public policy.” A New York court ordered the City to submit to arbitration….

Employer Must Arbitrate Changed EMS Duties

January 29, 2019

| Categories: Arbitration, Public Safety Labor News

The city of Yonkers, New York and the Yonkers Fire Fighters, Local 628 of the IAFF are parties to a collective bargaining agreement. The management rights clause of the contract allows the City to control the management of the fire department with certain limitations. It also allows the City to alter the Department’s Emergency Medical Services (EMS) after negotiation with Local 628. The contract requires that the EMS program…

Pennsylvania Court Struggles With Arbitrator’s Opinion Reinstating Officer

January 10, 2019

| Categories: Arbitration, Public Safety Labor News

The Northern Berks Regional Police Commission provides police services to certain parts of Berks County, Pennsylvania. The Commission is a party to a collective bargaining agreement with the Fraternal Order of Police. In September 2016, the Commission terminated Officer Charles Hobart due to misconduct. Specifically, the Department learned that Hobart kept a file folder in his desk containing (1) explicit pictures of females in different stages of undress, (2)…

If There’s A Last Chance Agreement, What’s Left To Arbitrate?

January 10, 2019

| Categories: Arbitration, Public Safety Labor News

Thomas Eccleston is a firefighter with the City of Waterbury, Connecticut. Eccleston was arrested and charged with third degree assault and breach of the peace in the second degree, which caused the City to place Eccleston on paid administrative leave pending the completion of an investigation. On November 19, 2015, Eccleston and the president of his labor organization, the Waterbury Fire Fighters Association, signed a last chance agreement. The…

Arbitration Decision Binding In Later Discrimination Lawsuit

May 29, 2018

| Categories: Arbitration, Public Safety Labor News

From December 10, 2001 to September 25, 2012, Joshua Billings worked for the Public Safety Department of the Town of Steilacoom, Washington. On May 8, 2012, the City demoted Billings from the rank of sergeant to Public Safety Office (PSO). PSOs served dual roles as police officers and firefighters under the supervision of a Police Chief. Following several internal affairs investigations, the Chief concluded Billings violated numerous policies and…

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