OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Insubordination

10-Day Suspension

5-Day Suspension

Deputy refused to sign his performance evaluation, left his post without permission, and refused lieutenant’s order to return. Arbitrator concluded events were related in time and substance so as to constitute one offense, and five-day suspension was the next logical progression on the progressive discipline scale from a three-day suspension the deputy had previously received.

Broward County Sheriff’s Office, 122 LA 56 (Cocalis, 2005).

Performance Of Duty

900-Hour Suspension

No Discipline

Officer disciplined for inappropriate tactics leading up to use of deadly force that resulted in death of unarmed African-American woman. Arbitrator concluded that officer’s tactics were within the scope of his training, and that the City’s failure to conduct an internal affairs investigation was a “rush to judgment” that deprived it of adequate factual basis for its decision-making.

City of Portland, (Truesdale, 2006)(Unreported decision; copies available from LRIS).

Physical And Mental Conditions

Termination

Reinstatement With Back Pay

Police officer discharged for being unable to perform his duties for medical reasons. Contract allowed employer to terminate after two-year period of layoff or failure to work, and officer was willing to submit to independent medical examination.

Borough of East Comemaugh, Pennsylvania, 121 LA 1693 (Franckiewicz, 2005).