OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Drunk Driving

Termination

Termination

Firefighter pled guilty to driving under the influence and lost his driver’s license for two years. Even though the Town accommodated other employees who lost their licenses for off-duty alcohol-related incidents, Arbitrator upheld termination because this was the firefighter’s second offense of an identical nature, and the loss of his license was for an extended period of time.

Town of Salem, New Hampshire, LAIG 6258 (Altman, 2005).

Sick Leave Abuse

10-Tour Suspension

2-Tour Suspension

27-year firefighter called in sick, and then attended annual firefighters’ picnic. Employer contended that firefighter’s act of driving 40 minutes to the picnic and remaining nine hours with bathrooms approximately 300 feet away demonstrated he was not sick. While Arbitrator concluded the firefighter abused sick leave, suspension reduced because of firefighter’s lengthy record without discipline.

City of Bedford Heights, Ohio, LAIG 6257 (Wallace-Curry, 2005).

Vehicles

Indefinite Suspension

Reinstatement Without Back Pay

Officer with history of driving at excessive speeds was involved in a collision while responding to a non-emergency complaint. While the officer was at fault in causing the collision, there was no evidence that he was counseled or trained following his earlier disciplinary incidents.

City of Lancaster, Texas, LAIG 6252 (Fragnoli, 2005).