OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Reinstatement With Back Pay

Firefighter was terminated for accusing a part-time fire marshal of “double dipping” by working at a second job while in pay status for his primary employer. Arbitrator concluded that the firefighter was not intentionally dishonest, and could have reasonably believed the fire marshal’s conduct amounted to “double dipping.”

City of East Cleveland, Ohio, LAIG 6624 (Graham, 2008).

Insubordination

2-Day Suspension

No Discipline

Officer suspended for failing to obey a directive to operate his mobile video/motor vehicle recorder and for loudly swearing at two sergeants. Suspension overturned because employer’s notice of discipline failed to specifically list the supporting basis for the charge of insubordination, and officer merely “adjusted” his voice to “match” or “beat” his sergeant’s loud voice level.

City of Galveston, Texas, LAIG 6627 (Molina, 2008).

Supervisory Duties

Demotion

Demotion

Sergeant was demoted after failing to adequately investigate a “missed court” incident involving one of his subordinates. Sergeant’s substandard investigation, which included “incompetent and incomplete reports,” coupled with his failure to follow a reasonable instruction given to him by his lieutenant, justified his demotion.

Wyckoff v. City of Phoenix, 2008 WL 2656103 (Ariz.App. 2008).