OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Reinstatement With Back Pay

Termination for dishonesty and off-duty misconduct reversed because employer failed to comply with contract’s requirement that disciplinary proceedings be concluded within 55 days. The investigation took roughly 600 days.

District of Columbia Metropolitan Police Department, 2006 WL 1766207 (D.C. 2006).

Firearms

Termination

10-Day Suspension

While walking through employees’ parking lot, security officer was attacked by a vagrant, whom she shot with her personal weapon. Termination for violation of employer’s rule banning personal weapons at the workplace overturned because of widespread disregard for rule, disregard that amounted to a “waiver” of the rule.

Detroit Transportation Corp. and Police Officers Association of Michigan, LAIG 6378 (Cousens, 2006).

Substance Abuse

Termination

Termination

Firefighter repeatedly used cocaine and marijuana, and pled nolo contendere to two criminal drug charges. Arbitrator rejected defense that Department not harmed because press accounts of plea did not tie firefighter to Department.

City of Cranston, AAA #11-390-00603-05 (Boulanger, 2006)(Unreported decision; copy available from LRIS).