OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

Reduction Of Work Schedule From 40 To 24 Hours

Restoration Of Work Schedule

Employer contended that reduction in work schedule based on a dispatcher’s absenteeism was not disciplinary in nature, and that the schedule reduction was made to avoid paying overtime resulting from backfilling for dispatcher when she was absent. The Arbitrator concluded that schedule reduction was disciplinary in nature, that the dispatcher had violated no work rule, and that the employer had not placed her on notice that her work shift could be reduced unless her absenteeism problems were corrected.

Township of Flint, LAIG 6463 (Braverman, 2007).

Dishonesty

Termination

Termination

At the request of defense attorney, probation officer changed recommendation made by other probation officer without disclosing what she had done. First officer and attorney had formerly had a romantic relationship, which officer did not disclose in Internal Affairs interview.

Ponto v. County of Riverside, 2007 WL 1509572 (Cal.App. 2007).

Outside Employment

Termination

Termination

Officer on paid medical disability due to back and foot injuries worked as a security guard while on disability. While on disability, officer presented employer with numerous doctor slips indicating she could not work.

Siwek v. Police Board of the City of Chicago, 2007 WL 1880670 (Ill.App. 2007).

Sleeping On Duty

Termination

Termination

Officer slept on duty in patrol car on three successive nights. Court applied “arbitrary and capricious” standard to Department’s disciplinary decision.

Carter v. Township of Bordentown, 2007 WL 1752830 (N.J. 2007).