OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming Off Duty

Indefinite Suspension

Reinstatement With Back Pay

City suspended lieutenant without pay pending outcome of criminal proceedings relating to the submission of time sheets and vouchers concerning the Boy Scouts. Arbitrator concluded that suspension pending court proceedings should not be without pay unless employer is capable of proving wrongdoing independent of simply the lodging of criminal charges.

City of Cincinnati, LAIG 6138 (Duff, 2004).

Sexual Misconduct

Termination

Termination

State trooper reportedly asked young women he had stopped for traffic violations to date him, often dismissing the charges if they agreed to do so. Two of the women were 16 years old at the time of the interaction with the trooper. Case decided on grounds of lack of racial discrimination.

Taylor v. Division of State Police, 2004 WL 1368847 (D.Del. 2004).

Substance Abuse

Termination

Reinstatement Without Back Pay

After sergeant was placed on restrictive duty following attempts made by employer to convince him to enter an alcohol treatment facility, sergeant engaged in off-duty belligerent and verbally abusive behavior that led to his arrest by law enforcement officers from another jurisdiction. Arbitrator cited employee’s good work record and failure of supervisory training on the need to be alert for symptoms of alcohol abuse or stress.@

City of Fort Worth, LAIG 6131 (Goodman, 2004).