Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 5.00, 24.00, 24.01, 24.02, 24.04, 24.05,

Attachment List

• 0291
• no summary

Contract Violations

Holding

MODIFIED. The Grievant was removed for verbally intimidating and threatening an inmate. The Union argued that there was no just cause because the Grievant was not put on proper notice, nor had progressive disicplne been followed. The department argued that they had counseled the Grievant in an attempt to help him curb his temper, and that provoking an inmate was threatening to the facility's security. The Arbitrator commended the department for it efforts in counseling the Grievant, but found that no prior disciplinary suspensions had been initiated to serve as a proper warning to the Grievant. He stated that the Grievant's actions were unacceptable and potentially dangerous; and therefore, he modified the penalty by reinstating the Grievant with no back pay. Further, he ordered a last chance agreement be drawn up which would terminate the Grievant if any similar events recurred.