OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Termination

Corrections officer was repeatedly dishonest with employer about reasons for use of sick leave. Arbitrator rejected defense that alcoholism led to the offense, and noted that officer was dishonest during the arbitration hearing.

Winnebago County, Illinois Sheriff’s Department, LAIG ¶6192 (Briggs, 2004).

Sick Leave Abuse

Termination

Termination

Diabetic correctional officer with marital problems often extended his days off through the use of sick leave, even after repeated counseling and warnings. Arbitrator concluded that “enough is enough.”

Montana Public Employees Association, 04-1 ARB ¶3809 (Richard, 2004).

Substance Abuse

Termination

Reinstatement With Back Pay

Fire captain discharged after testing positive for marijuana. Captain, who claimed inhalation at the scene of a fire, exercised rights under City’s policy to a second test of the split sample. Contrary to the City’s written policy, the split sample test did not quantify the level of marijuana present in the captain’s blood, leading the Court to conclude that the City failed to show that the captain violated the drug policy.

Morgan v. City of St. Louis, 2004 WL 2937234 (Mo.App. 2004).