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…

Disciplinary Matrix Subordinate To ‘Just Cause” Provision In Contract

The City of Findlay, Ohio and the Ohio Patrolmen’s Benevolent Association are parties to a collective bargaining agreement. Sergeant David Hill has worked for the Findlay Police Department since 1999. On July 6, 2012, Hill helped to create a video of him using a taser against the son of a fellow officer. The video violated…

In Non-Union Environment, Following Lieutenant’s Instructions Can Lead To Termination

A basic tenet of the principle of “just cause” for discipline is that public safety employees are expected to follow the instructions of their supervisors, except if doing so would result in the employee unnecessarily endangering his/her safety or in violating the law. A recent case from Mississippi shows that in a non-union environment –…

In Denver, Burden Of Proof In Discipline Cases Is On Officer

Labor issues in Colorado are handled under a patchwork quilt of laws. Firefighters are covered by a statewide bargaining law; police and sheriffs are not, and where law enforcement bargaining occurs, it is pursuant to local charter provisions and ordinances. Some local charters have broad definitions of what is negotiable, while others contain narrow lists…

Parties Made Contract Retroactive Unless Specific Exceptions Made

The 2003-2005 collective bargaining agreement between Lake County, Michigan and the Police Officers Association of Michigan contained a typical “just cause” disciplinary clause. As of the contract’s expiration on December 31, 2005, no agreement had been reached to extend the term or provisions of the contract. The parties reached a tentative agreement in May 2006.…

Employer Bears Burden Of Proof In Disciplinary Case

Kimberly Falk worked for the Lee County, Florida Sheriff’s Department. When her employment was terminated, she appealed to the Lee County Sheriff’s Office Civil Service Board. The Board affirmed her termination, and Falk appealed to the Florida Court of Appeals. The Court reversed Falk’s termination, finding that the Civil Service Board applied the wrong burden…

Employer Required To Disclose Pre-Disciplinary Interviews And Identity Of Witnesses

In October 2004, Local 2898 of the International Association of Fire Fighters, which represents rank-and-file employees of the Seattle Fire Department filed a grievance on behalf of a bargaining unit member alleging that the employer imposed discipline without just cause. The grievance eventually proceeded to arbitration. Prior to the arbitration hearing, Local 2898 requested that…