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 24, 24.01

Attachment List

• no summary
• 0417

Contract Violations

Holding

AWARD: 0417 (Revised) Grievant a Psychiatric Attendant with sixteen years seniority and anì unblemished disciplinary record was removed for patient abuse. It wasì charged that, as soon as an out of control patient was subdued and broughtì under control by six Psychiatric Attendants, he was deliberately kicked inì the mouth, splitting his lip and chipping a tooth. The overriding question was credibiltiy. Grievant's only accuser is aì Registered Nurse (RN) who witnessed the struggle and reported the allegedì misconduct to Supervision. The RN stated the assault was absolutelyì deliberate. Gievant denies the charge and testified with equal certaintyì that the Nurse's statement was false. Grievant's insistence that he neverì kicked the patient was partially supported by live testimony and a number ofì written statements. No one else saw the alleged incident. Each stated thatì they saw nothing happen, but on one could certify in positive terms, that theì alleged misconduct did not