Arbitrator Has Authority To Decide Back Pay Offsets

Trooper Michael Keyes of the Pennsylvania State Police was removed from duty on February 9, 2007, following a number of suicide attempts, one of which resulted in Keyes’ involuntary commitment. The Pennsylvania State Troopers’ Association filed a grievance challenging Keyes’ removal from duty, and an arbitrator ordered that Keyes be returned to limited duty on October 20, 2008 without back pay. The State appealed the Arbitrator’s decision through the…

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Back Pay Can Include Lost Overtime

Frazier Caudle, Nikeith Goins, William James, Sholanda Miller, and Donald Smalls were all members of the District of Columbia Metropolitan Police Department’s First District Focus Mission Unit (FMU), a specialized plainclothes unit composed of “productive” patrol officers who “graduated to” FMU duty. Their commander decided to require the FMU officers to submit applications to remain in the unit, an apparently unprecedented step that she described as motivated by performance…

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Arbitrator, Not Court, Required To Determine Back Pay Amount

The City of Snoqualmie, Washington is party to a collective bargaining agreement with the Snoqualmie Police Association. The City of Snoqualmie discharged Sergeant Eric Kasel for alleged misconduct on April 17, 2007. The Association challenged the discharge in accordance with the collective bargaining agreement between the parties, and the case went to binding arbitration before a single arbitrator. The Arbitrator made an award based on his decision that Sergeant…

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Back Pay Includes Missed Overtime

An often-argued issue in disciplinary arbitrations is whether an award of back pay can properly include an award of missed overtime. One of the more respected arbitrators in the country, Stanley Sergent, recently held that back pay awards could include compensation for missed overtime opportunities. The case came to Arbitrator Sergent via an unusual route. The City of Lake Worth, Florida, terminated a sergeant. After a hearing, Arbitrator Charles…

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