In a case that has received considerable publicity, Arbitrator Don Williams has ordered the reinstatement of a San Antonio police officer the City had dismissed for allegedly leaving a "feces sandwich" in an area where officers were attempting to move several homeless individuals. (here) Grievant had directed some of the individuals to assist in picking up trash scattered in the area. He acknowledged picking up some dog feces using some discarded bread and left it in a discarded food container. He stated he assumed one of the individuals would pick it up and dispose of it. Following an investigation, the Chief decided to terminate the officer's employment, believing that his actions had been an intentional effort to humiliate a homeless man.Arbitrator Hays concluded that even if grievant had not intended to commit "an act to bring reproach or discredit" on himself or the Department, he had in fact done so and that termination would be reasonable.…
Read more detail on Recent Employment Law posts –
Related news:
- Texas Restaurant Owner Failed to Establish that Employee Had Signed Arbitration Agreement
- Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
- Just cause for termination but grievant denied due process – Arbitrator awards back pay but no reinstatement
- Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)
- Does an "absolute cause" for discharge provision of a cba prelude a just cause analysis?
- Standing to challenge the appointing authority's decision finalizing a disciplinary action taken against an employee
- Upon permanent appointment to a position in the classified service the officer or employee is typically required to serve a specified minimum period of probation, but not to exceed a specified maximum period of probation.
- A New Jersey Employee, Fired 17 Days After Returning from Maternity Leave, Receives a $500K Settlement in Her Discrimination Case
- Procedures required to be followed by an appointing authority seeking to place an employee on disability leave pursuant to Civil Service Law §72 involuntarily
- Termination of employment recommended by the Administrative Law Judge after finding the employee guilty of insubordination and incompetence
