OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Reinstatement Without Back Pay

Court security officer made comments to fellow employees about the criminal record of a recent hire. Arbitrator found that comments were not protected free speech, and were “disparaging” even though true. Given the “closeness of free speech issues,” Arbitrator awarded reinstatement.@

Franklin County Commissioners, 125 LA 1622 (Ruben, 2009).

Domestic Violence

15-Day Suspension

No Discipline

Officer took his upset wife’s cell phone away from her and met with resistance in trying to hug her, which prompted her to call deputy sheriffs to their house. Officer did not use unsound judgment, nor did he disobey the law, and was not aggressive toward her, as his hugging his wife had calmed her in the past.

City of Houston, 126 LA 250 (Moore, 2009).

Union Business

3-Day Suspension

No Discipline

Lieutenant, who was also a union president, suspended for using departmental computers to write a grievance challenging poor living conditions. Employer could not prove that it had a “bright-line rule” controlling the use of the computer, and failed to conduct a thorough investigation before imposing discipline.

Westlaco Fire Department, LAIG 6676 (McKee, 2009).