OFFENSE |
EMPLOYER’S PENALTY |
RESULT ON APPEAL |
DESCRIPTION |
CASE NAME |
Absenteeism |
1-Day Suspension |
No Discipline |
Employer failed to follow own policy of allowing an employee the opportunity to explain her absence from work before disciplining her. |
City of Okmulgee, Oklahoma and Fraternal Order of Police, Lodge 96, 119 LA 1227 (Robinson, 2004). |
Performance Of Duties |
5-Day Suspension |
5-Day Suspension |
Employee failed to follow proper “lockdown” procedures and left three doors unlocked in correctional facility. Applying “clear and convincing” burden of proof, Arbitrator concluded that circumstantial evidence established that locking the doors was the employee’s responsibility. |
Montgomery County Sheriff’s Office, LAIG 6139 (Bell, 2004). |
Racial And Sexually Oriented Conduct |
10-Day Suspension |
10-Day Suspension |
Three firefighters complained that a battalion chief used a racial slur when referring to their ethnic group. |
Hynes v. City of Buffalo Fire Department, 779 N.Y.S.2d 696 (A.D. 2004). |
Vehicle Use |
8-Hour Suspension |
No Discipline |
Sergeant was suspended for improperly engaging in the pursuit of a suspect vehicle. Arbitrator credited sergeant’s testimony that he was not involved in a pursuit, but was merely attempting to determine which direction the suspect vehicle traveled in order to possibly recover the vehicle or alert dispatch. |
City of Dayton, FOP Lodge 44, LAIG 6133 (Murphy, 2004). |