Federal Court Allows Mandatory Vaccinations

On April 1, 2021, Houston Methodist Hospital announced a policy requiring all employees to be vaccinated against COVID-19 by June 7, 2021. Jennifer Bridges and 116 fellow employees sued, raising a series of claims in attempting to overturn the mandatory vaccination rule. Federal Court Judge Lynn Hughes rejected the lawsuit. The employees focused on a…

Challenges To The ‘Public Policy’ Doctrine In Illinois

Parties to contracts such as labor agreements can choose to substitute arbitration for a court resolution of contractual disputes. With two notable exceptions, final and binding arbitration of grievances is just that: final and binding. As the Supreme Court held in United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593 (1960),…

Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy

Corporal Brendon Johnson works as a corrections corporal in Cuyahoga County, Ohio. On May 8, 2016, Johnson responded to a call involving a female inmate with a known history of noncompliance. The inmate had flooded her cell by intentionally clogging her toilet and causing it to overflow. Johnson ordered the inmate to come down from…

Court Upholds Arbitrator’s Opinion On Fire Union Meetings

Firefighters for the Dracut Fire Department in Massachusetts are represented by IAFF Local 2586. Local 2586 holds meetings on a monthly basis. By necessity, these meetings are scheduled during a shift. Prior to 1986, union meetings were held off-site, at bars or in restaurants. In 1986, the parties agreed that, in order to ensure attendance…

Arbitrator’s Decision To Reinstate Officer Survives ‘Public Policy’ Argument

With increasing frequency, employers are lodging public policy challenges to arbitration decisions that reinstate terminated public safety employees. The basic argument in such cases, which often involve terminated police officers, is that there is a public policy exception to the notion that arbitration decisions are final and binding. The exception provides a basis to vacate…

No Violation Of Public Policy To Reinstate Officer Guilty Of Poor Performance

The City of Crystal Lake, Illinois terminated officer Adam Munaretto for failing to reasonably investigate a motorist involved in a rear-end collision for driving under the influence and then allowing the motorist to leave the scene while impaired. After being released by Munaretto with two minor citations, the motorist was almost immediately stopped by another…

The Limitations Of The ‘Public Policy’ Exception To Arbitration Awards

Most collective bargaining agreements contain grievance procedures that end with arbitration. In the parlance of many contracts, arbitration is “final and binding,” meaning that a party cannot appeal an arbitrator’s decision even if the arbitrator made legal or factual mistakes. There is a limited exception to the finality of arbitration awards, known as the “public…

‘Public Policy Exception’ To Arbitration Finality Alive And Well In Illinois

The most commonly-litigated exception to the principle that arbitration decisions are final and binding is known as the “public policy” exception. In general, the public policy exception only arises when a party clearly shows enforcement of the contract, as interpreted by the arbitrator. In a case involving Decatur, Illinois Police Officer Jeremy Welker, the Illinois…

Public Policy Does Not Prohibit Reinstatement Of Dishonest Police Officer

In July 2005, an Alaska state trooper attended an out-of-state motorcycle certification program. Upon arrival at the program, the trooper was informed of a rule against horseplay such as performing “burnouts” with a motorcycle. It was later discovered that a student had performed a burnout with one of the motorcycles. At first, when he was…