Administrative Services

EMPLOYEE RELATIONS

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Arbitration Decision Summary

The following Arbitration Decisions regarding employee grievances have been summarized for informational use only. Please be advised that none of the decisions in any of these cases are precedent setting.

2004-05

James Rice v. Department of Correctional Services (NAPE - 10) James Rice filed a grievance when the Department of Correctional Services imposed discipline in the form of a 10-day suspension without pay.  The parties mutually agreed to have Hugh Perry serve as Arbitrator in this matter.  The Respondent alleged that the Appellant was involved in workplace harassment toward another employee, while the Appellant alleged the discipline, consisting of a 10-day suspension without pay, was too severe.

The Arbitrator found that the Appellant admitted to the inappropriate action toward another employee and that the level of discipline issued was warranted.  The Arbitrator cited Section 10.10 of the Contract which states that a response to the recommended discipline must be made by the Agency Director within 30 days, and in this case, it was not.  The Arbitrator ordered the original recommended discipline of a three-day suspension without pay be imposed, and the Appellant be compensated for the wages and benefits that he would have earned but for the additional seven-day suspension.

Brad King v. Department of Health and Human Services #1, #2 and #3 (NAPE - 10) Brad King filed three grievances when the Department of Health and Human Services imposed discipline in the form of a six-month probation, later reduced to a written warning, and also transferred the Appellant to a different facility.  The parties mutually agreed to have Samuel Van Pelt serve as Arbitrator in these matters.  The Respondent alleged that the Appellant was involved in verbal abuse and patient neglect, while the Appellant denied the action.

The Arbitrator found that the evidence was directly in conflict and the credibility and persuasiveness of the witnesses on each side was so evenly divided, the Respondent failed to sustain its burden of proof by a preponderance of the evidence, and that the disciplinary action against the Appellant was not taken in good faith and for cause, therefore, the Labor Contract was violated.  The Arbitrator ordered the written warning be rescinded and removed from the Appellant's personnel file, and that as soon as possible, the Appellant be transferred back to his previous facility, if he so desires.