OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Insubordination

48-Hour Suspension

No Discipline

Lieutenant violated rule prohibiting firefighters from working more than 48 consecutive hours. Arbitrator accepted “clear and concise” testimony of lieutenant that battalion chief knew of the lengthy hours and did not warn the lieutenant that he would be disciplined. Arbitrator rejected testimony of battalion chief on the grounds it was “punctuated by several ‘I do not recall that’ responses.”

Miami-Dade County, Florida, LAIG 6798 (Hoffman, 2009).

Substance Abuse

Termination

Termination

Firefighter tested positive for cocaine in bloodstream. Defense of post-traumatic stress disorder resulting from 9/11 response rejected.

Peltonen v. Scopetta, 25 Mis.3d 1208 (N.Y. Sup. 2009).

Untruthfulness

Termination

Termination

Officer who had previously been disciplined for tardiness lied about the reasons he was late for work. Court found that the untruthfulness was “about an official matter.”

Garner v. Civil Service Com’n of Metropolitan Government of Nashville, 2009 WL 3616614 (Tenn. Ct. App. 2009).