OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Reinstatement Without Back Pay

Firefighter terminated for intentionally making false allegations against a captain in order to effect the captain’s termination. The Arbitrator concluded that employer did not prove that intentionally false statements were made, and could only show that the firefighter’s comments were disparaging and unfounded.

City of Texas City, LAIG 6718 (Detwiler, 2008).

Dishonesty

Termination

Reinstatement With Back Pay

Prison guard discharged for giving dishonest answers in her pre-employment process by not stating that she had been charged with conspiracy and making false official statements while in military ten years earlier. In fact, guard had made honest mistake during military investigation and went back to military authorities and voluntarily corrected it, and was honorably discharged from military.

Federal Bureau of Prisons, 126 LA 201 (Riker, 2009).

Substance Abuse

Termination

Termination

Police officer tested positive for cocaine. Arbitrator rejected defense that officer was a good candidate for rehabilitation.

City of Pharr, 125 LA 1729 (Jennings, 2009).