OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming Off Duty

24-Hour Suspension

8-Hour Suspension

Fire lieutenant arrested for off-duty driving while intoxicated, which resulted in the suspension of his driver’s license. Arbitrator sustained charge that lieutenant should have notified employer of the suspension, but overturned charges of conduct unbecoming, “subversive acts,” knowledge of rules, and eight other charges.

City of Brownsville, Texas, LAIG 6464 (McKee, 2007).

Insubordination

1-Day Suspension

1-Day Suspension

After Chief issued memo directing officers not to leave their vehicles idling, a sergeant gave a direct order to an officer to leave his car’s engine running whenever his emergency lights were flashing. The officer’s refusal to comply with the sergeant’s order was not justified by reliance on the Chief’s previous directive. Officer should have obeyed the order and then filed a report questioning the order.

Town of Hooksett, LAIG 6481 (Daly, 2006).

Performance Of Duty

Letter Of Warning

No Discipline

Two firefighter/EMTs were disciplined for changing from their firefighting uniforms to ambulance clothing before responding to a 911 call. The firefighters knew the 911 call was not a distress call. The Arbitrator credited their testimony that they needed to change clothes in order to reduce the chance of contaminants in the ambulance.

Town of Southbridge, LAIG 6480 (O’Brien, 2006).