A recent post discussed a challenge to an arbitrator’s award where the Company claimed that the arbitrator ignored the violation of its zero tolerance policy for drug use and improperly reinstated an employee, albeit without back pay. Zero tolerance, a
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Zero tolerance, a drug test and just cause
The Eleventh Circuit reversed the decision of a District Court and upheld an arbitration award (here) reinstating an employee terminated pursuant to the Company’s Zero Tolerance policy following a positive drug test. Georgia-Pacific Consumer Operations LLC, v. United…
Back pay – Arbitrator rejects assumption of increased child care responsibilities as mitigation of back pay damages
The New Hampshire Union Leader reports on the termination of a Manchester NH police officer and the subsequent arbitration of that discipline. City ordered to rehire ‘proven racist’ cop; status uncertainThe officer was dismissed for sending racially insensitive text…
Quick hits – Union dues, self defense, and clearing a grievant’s name
Arbitrator rejects City’s claim the Janus supersedes dues deduction withdrawal window of cbaArbitrator William Heekin rejected the position of a School District that the Supreme Court’s decision in Janus effectively superseded a ten day “window” for withdrawal of union dues…
Arbitrator upholds termination of Sheriff’s Deputy for off duty use of force
This case comes at a time one report notes ” “[t]he issue of arbitration has come to the forefront of a national discussion on accountability in law enforcement.” Deputy fired after allegedly punching man in H-E-B parking lot loses fight to be…
Two arbitrators address the issue of the COVID pandemic as a force majuere event
Two recent awards involve questions concerning the existence or impact of the Corona virus as a force majeure event, potentially excusing claimed violation of the parties’ agreements.In American Association of University Professors – University of Akron Chapter, Arbitrator Jack Buettner…
Last chance agreement, double jeopardy and just cause – Court confirms award reinstating employee notwithstanding Last Chance Agreement
An earlier post, Arbitrator concludes that the principle of double jeopardy prevails over a Last Chance Agreement, noted a complaint filed by Dana Corp seeking to set aside an award of Arbitrator Daniel Kininmonth. That award involved the termination of…
Arbitrator finds Federal Bureau of Prisons failed to establish a BFOQ defense for refusing to assign female staff in an all male prison to ""Dry Cell" and suicide watch duty.
In his award in U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Memphis Tennessee and American Federation of Government Employees, Local 3731, Arbitrator Daniel Kininmonth addresses the balance between the rights of male inmates to bodily…
Another case rejecting termination of an officer because of prosecutor’s unsupported decision not to use them as a witness
A recent post (State Attorney’s refusal to use police offer because of Brady concerns found insufficient, without more, to support termination of officer) addressed the issue of a City’s termination of a police officer after the prosecuting attorney’s office announced it would…
State Attorney’s refusal to use police offer because of Brady concerns found insufficient, without more, to support termination of officer
Grievant began his employment with the Marco Island, FL Police Department in October 2006. He was hired 18 months after having been terminated by the Collier County Sheriff’s Office after it was claimed he had given misleading testimony during an…