OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, On Duty

Demotion

20-Day Suspension

Lieutenant told subordinate that he would “rather be considered a racist than a chicken,” and was sharply critical of the Department, its policies, and its personnel in a telephone conversation with a subordinate that was taped-recorded. Arbitrator unpersuaded that lieutenant was incapable of performing in a supervisory position, and ruled that the lieutenant’s “ill advised and flip remark” did not go to the heart of his supervisory responsibilities.

Massachusetts Bay Transportation Authority, LAIG 6308 (Brynie, 2005).

Performance Of Duty

Demotion

Reinstatement

Employer demoted fire captain when truck ended up in front of wrong fuel pump, where it was filled with wrong fuel, disabling the truck in the middle of the biggest ice storm in the City’s history. Arbitrator concluded conduct was a “mix-up, at best.”

City of Mansfield, Ohio, 121 LA 1141 (Szuter, 2005).

Sexual Misconduct

Oral Reprimand

No Discipline

Firefighter given oral reprimand for sexual harassment following complaints by a female EMT with whom he was training. Arbitrator concluded that discipline relied “not on firefighter’s alleged misconduct, but, rather, on the misinterpretation of his actions by others.” The EMT did not wish to pursue a sexual harassment charge.

City of Portland, Maine, LAIG 6297 (Litton, 2005).